Voting!!!

Who does the Constitution give the right to vote to? Can you find it?

Article 1, Section. 2. The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. Article 1, Section. 3. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature, thereof, for six Years; and each Senator shall have one Vote. Changed with 17th Amendment

American Suffrage Suffrage – the right to vote, also know as franchise Expanding the electorate – potential voting pop. Getting rid of restrictions, gradual Increase in National gov’t power over suffrage

Expanding suffrage and National Control (5 stages) 1800s – Some restrictions begin to disappear! No more religious tests (1810) One by one property ownership and tax payment qualifications requirements fade away By mid-century – almost all white adult males can vote in every State 2. Broaden electorate after Civil War 15th Amendment (ratified 1870) African Americans still disenfranchised, largest group

3. 19th Amendment (ratified 1920) Wyoming (before it was even a State) gave women the right to vote in 1869, other States begin to follow lead 4. 1960s – Courts and National/Federal gov’t focus on civil rights Secure African Americans a full role in the electoral process in al States Voting Rights Act 1965 23rd Amendment (1961, DC) 24th Amendment, Poll Tax   5. 26th Amendment, 1971 – min age 18

The Power to set voting qualifications Suffrage qualifications left to who? Reserved for the States Restrictions set: “most numerous branch” provision…very little meaning today Any person whom a State allows to vote for members of the “most numerous Branch of its own legislature must also be allowed to vote for reps and Sen. In Congress No State can deprive any person the right to vote based on race, color, or previous condition of servitude (Amendment 15 ) “ …….” Based on sex (Amendment 19 )

4. No State can require payment of any tax as a condition for taking part in the nomination or election of any federal officeholder Can’t levy tax for voting in Pres, VP, or National Congressional election (Amendment 24, 1964 ) Aka no poll tax 5. No State can deprive any person who is at least 18 the right to vote based on age (Amendment 26, 1971 ) States set qualifications so long as they don’t violate these provisions or any other provision of the Constitution

Voter Qualifications Universal Requirements Citizenship Residence Age – 18, can it be lower?

Citizenship Aliens who aren’t citizens, generally denied, But does the Constitution prohibit them from doing so? Native-born vs Naturalization – many States draw a distinction between Native-born and Naturalize citizens Ex. Pennsylvania says Naturalized citizens must have become a citizen at least one month before an election

Residence One must be a legal resident of the state & most for a certain amount of time Political Machine – don’t want outsiders to effect the election New voters – allow time to become familiar with the candidates and issues in the upcoming election Use to have long residence requirements (60-90 days); not so long today, only need residence (most 30 days) Result of 1970 federal law, and 1972 court decision. Too long = unsupportable discrimination against new residents (14 amendment violation) Transients? (Traveling sales men, college students?)

Age, is it but a number? No state can set minimum age for voting more than 18 (26th Amendment) Can 16 yr olds vote? What about 5 yr olds? Does age matter? Before 21 was general age National attempt after WWII (1940s) then Vietnam (1971) “Old enough to fight, old enough to vote”

How have 18, 19, 20 yr olds responded? Does expanding suffrage increase participation? Not when it come to age  Young voters less likely to vote than any other age group 18 – 20 group: 1972 – 48% 2000 – 28% Why do you think elected officials pay so much attention to Medicare and not youth issues???

Registration! Procedure of voter identification intended to prevent fraudulent voting Provides officials with a list of those person who are qualified to vote in an election Voter registration also used (in some) States to identify voters in terms of their party preference and eligibility to take part in closed primaries

Requirements for registration 49 States require registration (all but ND) Vary by State, why? Maine and Wisconsin allow voters to register at any time (up to and including election day) – elsewhere limited to 20-30 before an election Allow for time to prep poll books Name, age, lengthen of residence, and other facts Typically registered until death, convicted of serious crime, committed to mental institution, or move Purging (2-4 years) and poll books

Controversies!!!! Oh no! Should registration be abolished? Why would some people think so? Voter turnout decline early 1900s – most States adopted registration requirement Turnout higher in European democracies – law requires those that are eligible to be auto registered Proponents say it protects against fraud

Where to register? Voter registration drives – concerts, fairs, shopping centers, high schools Locally – county clerks office, an officer qualified to register you DMV – “motor voter act” 1995 Allow all eligible citizens to register to when applying or renewing license Provide voter registration by mail make registration forms available at the local office of State social service agencies 8 million by 2000

Literacy, Tax Payment Common, long history – but no longer Literacy test – test your ability to read Disenfranchise voters 1850s - Connecticut and Massachusetts to disenfranchise Irish Catholics Turn of 20th century African American voters in the South What about white voters that couldn’t read – Grandfather clauses

Poll Tax – special tax to vote 24th amendment, 1964 Tax payment – property ownership. Proved by payment of property taxes – once common Poll Tax – special tax to vote Common in the South 24th amendment, 1964 SCOTUS case 1966 – violated due process since there’s no reasonable relationship between voting and payment

Persons denied the vote All 50 States deny it to those in mental institutions, or others legally found mentally incompetent Most disqualify (at least temp) those convicted of serious crimes Use to be permanent disenfranchisement A few States disenfranchise those who have been dishonorably discharged from the military