Voting rights in the United States

Voting rights in the United States

Congress overrode Andrew Johnson's veto to pass the 1867 District of Columbia Suffrage Act (Thomas Nast, Harper's Weekly, March 16, 1867)
Demographics
Poll taxesAbolished 1964
Literacy tests abolishedAbolished 1965 for federal elections
Minimum voting age18 in most jurisdictions
Preregistration age16 in 41 states and D.C.; 17 in 4 states; 17.5 or older in 4 states
Felon voting statusIndividual petitions required in 2 states; circumstantial in 5 states; restrictions under probation in 20 states; restrictions under parole in 2 states; unrestricted after prison release in 18 states and 2 territories; unrestricted in Maine, Vermont, Puerto Rico and D.C.
Noncitizen votingBanned in federal and all state elections, allowed in some jurisdictions
Voter registration
Voter registration requiredAll states except in North Dakota
Online voter registrationImplemented fully in 40 states, D.C. and Guam; in-process in Oklahoma and Maine; implemented in Texas for those renewing licenses
Automatic voter registrationImplemented in 15 states and D.C.; in-process in 6 states
Same-day registrationsame-day and early-voting registration in 8 states and D.C.; same-day only in 9 states; early-voting only in 2 states; same-day and early-voting registration in-process in 2 states
Partisan affiliationPartisan registration in 31 states and D.C.; nonpartisan registration in 18 states
Voting process
Polling place identification requirementsphoto ID required in 8 states; photo ID requested in 9 states; non-photo ID required in 3 states; non-photo ID requested in 13 states
Postal ballot statusno-excuse in 34 states (all-postal in 7 states)
Permanent list postal ballot status10 states
Election methodFirst-past-the-post plurality in 44 states; two-round systems in 5 states; ranked-choice voting in Maine
Voter powers
Redistricting system12 states with nonpartisan or bipartisan commissions for congressional redistricting; 16 states with commissions for legislative redistricting; Iowa uses nonpartisan staff
Prison-based redistricting10 states prohibit prison redistricting
Ballot question rightsLegislative referral in 49 states and D.C. (26 states with some form of ballot initiative by petition)
U.S. presidential election popular vote totals as a percentage of the total U.S. population. Note the surge in 1828 (extension of suffrage to non-property-owning white men), the drop from 1890 to 1910 (when Southern states disenfranchised most African Americans and many poor whites), and another surge in 1920 (extension of suffrage to women).


Voting rights, specifically enfranchisement and disenfranchisement of different groups, have been a moral and political issue throughout United States history.

Eligibility to vote in the United States is governed by the United States Constitution and by federal and state laws. Several constitutional amendments (the Fifteenth, Nineteenth, and Twenty-sixth specifically) require that voting rights of U.S. citizens cannot be abridged on account of race, color, previous condition of servitude, sex, or age (18 and older); the constitution as originally written did not establish any such rights during 1787–1870, except that if a state permitted a person to vote for the "most numerous branch" of its state legislature, it was required to permit that person to vote in elections for members of the United States House of Representatives.[1] In the absence of a specific federal law or constitutional provision, each state is given considerable discretion to establish qualifications for suffrage and candidacy within its own respective jurisdiction; in addition, states and lower level jurisdictions establish election systems, such as at-large or single member district elections for county councils or school boards. Thus, the enfranchisement or disenfranchisement in one state may be stricter or more lenient than in another state.[2] Beyond qualifications for suffrage, rules and regulations concerning voting (such as the poll tax) have been contested since the advent of Jim Crow laws and related provisions that indirectly disenfranchised racial minorities.

A historic turning point was the 1964 Supreme Court case Reynolds v. Sims that ruled both houses of all state legislatures had to be based on electoral districts that were approximately equal in population size, under the "one man, one vote" principle.[3][4][5] The Warren Court's decisions on two previous landmark cases—Baker v. Carr (1962) and Wesberry v. Sanders (1964)—also played a fundamental role in establishing the nationwide "one man, one vote" electoral system.[6][7]

In cases of county or municipal elections, winner-take-all systems in at-large districts have been repeatedly challenged as diluting the voting power of racial minorities, violating the Voting Rights Act. Generally the solution to such violations has been to adopt single-member districts (SMDs), but systems of proportional representation such as the single non-transferable vote and cumulative voting have also been used since the late 20th century to correct for dilution of voting power and enable minorities to elect candidates of their choice.

Citizens living in U.S. territories cannot vote for president of the United States.[8] However, those residing in the District of Columbia can vote for president as a result of the Twenty-third Amendment.

  1. ^ U.S. Const. Art. I, s. 2, cl. 1.
  2. ^ Gibson, Brittany (May 28, 2020). "The Many Varieties of Voter Suppression". The American Prospect. Retrieved November 30, 2022.
  3. ^ "One Person, One Vote | The Constitution Project". www.theconstitutionproject.com. Retrieved September 24, 2019.
  4. ^ Smith, J. Douglas (July 26, 2015). "The Case That Could Bring Down 'One Person, One Vote'". The Atlantic. Retrieved September 24, 2019.
  5. ^ Goldman, Ari L. (November 21, 1986). "One Man, One Vote: Decades of Court Decisions". The New York Times. ISSN 0362-4331. Retrieved September 24, 2019.
  6. ^ "Baker v. Carr". Oyez. Retrieved September 24, 2019.
  7. ^ "Wesberry v. Sanders". Oyez. Retrieved September 24, 2019.
  8. ^ "Watch John Oliver Cast His Ballot for Voting Rights for U.S. Territories". Time. Retrieved August 13, 2019.