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Voting in America. The Right to Vote. History of Voting Rights. The Framers of the Constitution purposely left the power to set suffrage qualifications to each State. Suffrage / Franchise. Both of these terms have the same meaning: The RIGHT or PRIVILEGE to vote.
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The Right to Vote
History of Voting Rights • The Framers of the Constitution purposely left the power to set suffrage qualifications to each State.
Suffrage/ Franchise • Both of these terms have the same meaning: • The RIGHT or PRIVILEGE to vote.
Expansion of Electorate • When the Constitution went into effect in 1789, who was allowed to vote? • White, male, property owners
Expansion of Electorate • Today the size of the American electorate(potential voting population) is around 210 million people • Who is allowed to vote today? • Nearly all citizens who are at least 18 years old.
Expansion of Electorate • That big number is a result of some 200 years of continuing, often bitter and sometimes violent struggle. • The history of suffrage has been marked by (2) long-term trends: • The gradual elimination of restrictions on the right to vote • The State’s power over the right to vote has been assumed by the Federal government.
Extending Suffrage • The growth of the American electorate to its present size and shape has come in five fairly distinct stages:
The 1st Stage • When: • Early 1800s • What: • Elimination of religious, property, and tax requirements.
The 2nd Stage • When: • Post Civil-War Era. • What: • Race or color could not block right to vote. • 15th Amendment.
The 3rd Stage • When: • 1920 • What: • Women get the right to vote in Federal elections. • 19th Amendment
The 4th Stage • When: • 1960s • What: • 23rd Amendment allows District of Columbia to vote in presidential election • 24th Amendment – No poll tax • Voting Rights Act 1965
The 5th Stage • When: • 1971 • What: • Minimum age of voting can be no higher than 18 years old.
Voter Qualifications
Universal Requirements • Today, every state requires that any person who wants to vote must be able to satisfy qualifications based on (3) factors:
Citizenship • Aliens (foreign born residents who have not become citizens) are denied the right to vote. • States have power to regulate this. • Pennsylvania? • Citizen for 30 days • Resident of PA for 30 days
Residency • Why is there a residency requirement? • Political Machines cannot bring voters in from different areas. • New voters can become familiar with candidates and issues of an area.
Residency • Transients: • persons living in a State for only a short time; are prohibited from voting in nearly every state.
Age • 26th Amendment (1971) set the minimum age for voting in any election at no more than 18. • Vietnam War was key. • What is the impact of 18-20 years olds in voting? • NONE: they have the lowest percentage of all voting groups..
Other Qualifications • The States have imposed a number of other qualifications over time. • Registration • Literacy • Tax Payment • Persons Denied the Vote
Registration • Procedure of voter identification intended to prevent fraudulent voting. • A prospective voter must register his/her name, age, place of birth, present address, length of residence, and similar facts. • What is purging? • Reviewing the lists of registered voters and removing the names of the ineligible.
Registration • Some people argue that the registration requirement is bar to voter turnout, especially among the poor and less-educated.
Registration • In 1993 Congress passed a law dubbed “the Motor- Voter Law”. • What did this do? • Register by mail • Register when applying/renewing driver’s license.
Literacy • Today no state has a suffrage qualification based on voter literacy– a persons ability to read or write. • States had these in place to keep a group away from the polls – African Americans, Native American, Irish Catholic immigrants.
Literacy • What eliminated all of these requirements? • Voting Rights Act Amendments of 1970
Tax Payment • Poll tax = payment of a tax in order to vote. • Beginning with Florida in 1889, each of the 11 southern states enacted this to keep African-Americans away from the polls.
Tax Payment • The 24th Amendment to the Constitution ended this in 1964.
Denied the Vote • Some states deny the right to vote to certain persons: • People in mental institutions. • Persons found legally incompetent. • Persons convicted of serious crimes.
Suffrage and Civil Rights
15th Amendment • First step in the effort to extend the franchise to African Americans. • What does it declare….
15th Amendment • Right to vote cannot be denied because of race, color or previous condition of servitude.
Federal Government • Yet for almost 90 years (1870-1960), the Federal government paid little attention to voting rights for African Americans. • During this period, blacks were kept from the polls by a mix of violence, literacy tests, poll taxes and other devices:
Gerrymandering • Definition: • Drawing district lines to limit or strengthen the voting power of a particular group.
White Primaries • Definition: • Practice that excluded blacks from running for office; used in the South. • Eventually ruled unconstitutional.
Civil Rights Act 1960 • Allowed for Federal voting referees to help voters register or vote.
Civil Rights Act 1964 • This Act was much broader and more effective than either two of the earlier measures. • Outlawed discrimination in several areas – especially job related matters. • It relied on judicial action to overcome racial barriers.
Injunction • Definition: • A court order that either forces or limits an action by a person.
Dr. Martin Luther King • Voter registration march in Selma, Alabama were met with violence - showing a need for new and stronger legislation. • What played a role in getting the nation’s attention? • The violence shown on national TV.
Voting Rights Act of 1965 • This act applied to ALL elections held anywhere in this country – state and local as well as federal. • Originally, the Act was to be in effect for 5 years but Congress has extended its life three times.
Voting Rights Act of 1965 • Suspended us of literacy tests. • Gave Federal government power to oversee elections. President Johnson and Dr. King at signing of Voting Rights Act
Preclearance • Changes that must be approved: • Location of polling places • Boundaries of districts • Deadlines in election process • Qualifications of candidates
Amendments tothe Act • Additions to the law include: • extensions for existing provisions • help for language minorities (ballots in several languages)
Voter Behavior
Nonvoters • There are several legitimate reasons for not voting… • But the troubling fact remains that most of the millions who do not vote cannot claim those reasons.
Size of the Problem • Case in point Election Day 2000: • those eligible to vote (205.8 million) and 105.4 million did vote (51.2%) • How many people did not vote at all? • Nearly 100 million people!!!
Size of the Problem • Off-year elections, which are the congressional elections in between a President’s term, have even lower rates of voter turnout. • What does it mean to be a “nonvoting voter”? • Vote for candidates at top of ballot, but no other offices.
Ballot Fatigue • One reason for nonvoting is “ballot fatigue” • many voters get exhaust their patience and/or knowledge as they work they way down the ballot.