Kara Sears
Voting rights in the United States are governed by federal laws, which have evolved over time to protect Americans' right to vote and make it easier for citizens to exercise that right. While federal laws like the Civil Rights Act of 1870, the 15th Amendment, and the Voting Rights Act of 1965 have played a significant role in addressing discrimination in voting, the ease of voting in the US today depends on where people live. Some states have passed restrictive laws that make it harder for eligible Americans to cast their ballots, especially for people of color. On the other hand, pro-voter legislators have also enacted expansive laws to increase access to voting, with at least 21 states enacting 32 expansive laws in 2024. The Brennan Center for Justice and other organizations are advocating for reforms to standardize voting access policies, combat voter suppression, and ensure the safety of voters and election officials.
| Characteristics | Values |
|---|---|
| Voting laws in the US | Governed by federal laws |
| Voting rights | Protected by federal laws |
| Voting requirements | Most states require ID |
| Voting restrictions | 317 restrictive bills considered in 40 states |
| Voting expansion | 648 expansive voting bills considered in 44 states and Washington, DC |
| Voting reform | Automatic voter registration, ending gerrymandering, improving campaign finance |
| Ballot initiatives | Used to test public support and give citizens a say |
| Ballot measures | Provide insight into public opinion |
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What You'll Learn
Ballot initiatives
There are two main types of ballot initiatives: citizen-initiated and legislatively-referred. Citizen-initiated ballot measures can be further categorized into initiated state statutes, initiated constitutional amendments, or veto referendums. Veto referendums are citizen-initiated ballot measures that ask voters whether to uphold or repeal an existing law. Legislatively-referred ballot measures are proposed by state legislators or local lawmakers and then placed on the ballot for voters to decide.
To qualify an initiative for the ballot, a certain number of valid signatures must be collected. The number of signatures required varies by state and the type of measure. For example, in 2024, the signature requirements ranged from 15,582 for a proposed statute in North Dakota to 874,641 for a constitutional amendment in California. In addition to signature requirements, some states have other processes in place. For example, in California, the proposed initiative must be submitted to the Attorney General for an official title and summary before it can be circulated for signatures.
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Voting laws and constitutional amendments
Voting rights in the United States are governed by federal laws, which have evolved over time to protect Americans' right to vote and make it easier for citizens to exercise that right. The right to vote in the U.S. has been shaped by various constitutional amendments and federal laws, addressing issues such as discrimination, accessibility, and voter suppression.
The 15th Amendment, ratified in 1870, granted African American men the right to vote. However, many states implemented literacy tests and other barriers that made it difficult for them to exercise this right. The Voting Rights Act of 1965 prohibited voter discrimination based on race, colour, or membership in a language minority group. It mandated that certain places provide election materials in languages other than English and placed restrictions on states with a history of voter discrimination.
Another significant amendment was the 19th Amendment, ratified in 1920, which extended the right to vote to women. The 24th Amendment, ratified in 1964, eliminated poll taxes, which had been used to prevent African Americans from voting in federal elections. The 26th Amendment, ratified in 1971, lowered the voting age to 18 for all elections.
While the federal government has enacted laws to protect voting rights, individual states also play a crucial role in shaping voting laws. Twenty-four states allow citizens to create laws through ballot initiatives, and all states except Delaware permit ballot referendums on state constitutional amendments. These mechanisms provide citizens with a direct say in shaping laws and policies.
In recent years, there has been a push for voting reform to address issues such as voter suppression, gerrymandering, and the influence of money in politics. Organisations like the Brennan Center advocate for solutions that standardise voting access policies, make registration easier, and protect vulnerable communities from racial discrimination in voting. The proposed John R. Lewis Voting Rights Advancement Act aims to strengthen voting rights, end partisan gerrymandering, and safeguard the electoral process. Additionally, the Peace Act (or the Freedom from Intimidation in Elections Act in Congress) seeks to prohibit the intimidation of voters and election officials and address concerns about the presence of guns at polling places.
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Voting rights for minority groups
The struggle for equal voting rights for minority groups continued into the 20th century. The 19th Amendment, ratified in 1920, gave white women the right to vote, but it wasn't until the passage of the landmark Voting Rights Act of 1965 that racial minorities and women of all races gained more comprehensive voting rights protections. The Voting Rights Act prohibited voter discrimination based on race, colour, or membership in a language minority group, and it required certain places to provide election materials in languages other than English.
Despite these advancements, voting rights for minority groups in the United States continue to face challenges. A 2013 Supreme Court decision struck down a key provision of the Voting Rights Act, making it easier for states to enact discriminatory voting laws. Additionally, new forms of voter suppression have emerged, such as gerrymandering, restricted polling place access, and limited access to early voting, which disproportionately affect minority voters.
To address these issues, Congress has continued to introduce and pass legislation aimed at protecting voting rights for minority groups. For example, the National Voter Registration Act of 1993 and the Help America Vote Act of 2002 have helped to address some of the concerns of disabled and non-English speaking voters. Additionally, the John Lewis Voting Rights Advancement Act, introduced in Congress in 2019, seeks to strengthen voting rights protections and combat ongoing voter suppression efforts.
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Voter suppression
In the United States, voter suppression refers to various legal and illegal efforts to prevent eligible citizens from exercising their right to vote. Voter suppression efforts vary by state, local government, precinct, and election, and have historically been used for racial, economic, gender, age, and disability discrimination.
After the American Civil War, the 15th Amendment to the US Constitution was adopted in 1870, granting all men, regardless of race, the right to vote. However, Southern states began implementing policies to suppress Black voters, such as poll taxes, literacy tests, and other restrictive laws, known as Jim Crow laws. As a result, in some states, less than 6% of eligible African-American voters were registered to vote. Native Americans were also effectively denied the right to vote until the passage of the Indian Citizenship Act of 1924.
In the 20th century, several federal laws were passed to protect voting rights and make it easier for citizens to vote, including the Civil Rights Acts, the Voting Rights Act of 1965, the 24th Amendment (eliminating poll taxes), the Americans with Disabilities Act of 1990, the National Voter Registration Act of 1993, and the Help America Vote Act of 2002. The Voting Rights Act of 1965, in particular, prohibited voter discrimination based on race, colour, or membership in a language minority group, and required certain places to provide election materials in languages besides English.
Despite these protections, concerns about voter suppression have re-emerged in the 21st century. In 2013, the US Supreme Court's ruling in Shelby County v. Holder removed key protections of the Voting Rights Act, and since then, over 361 bills restricting voting access have been introduced in 47 states. These include measures such as discriminatory voter ID requirements, reduced polling place hours in communities of colour, and the elimination of early voting opportunities. Additionally, there have been instances of improper voter purges, where eligible voters are removed from registration lists, and allegations of voter intimidation and misinformation.
To combat voter suppression, organisations like the Brennan Center and the League of Women Voters advocate for legislation that guarantees all Americans' access to the ballot and protects their right to vote. The Brennan Center proposed automatic voter registration, which would effortlessly register eligible citizens to vote while they interact with government agencies. The League of Women Voters has filed lawsuits to defend voters' rights and oppose restrictive measures, such as those imposed by HB 458 in Ohio, which restricted assistance for voters with returning absentee ballots.
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Election interference legislation
In the United States, federal laws govern voting rights, with U.S. election laws dating back to Article 1 of the Constitution. Over the years, several federal laws have been passed to protect Americans' right to vote and make it easier for citizens to exercise this right. For example, the Civil Rights Act of 1870 created some of the earliest federal protections against discrimination in voting, and the Voting Rights Act of 1965 prohibited voter discrimination based on race, colour, or membership in a language minority group.
However, in recent years, there has been a push by state lawmakers to enact election interference legislation. Between January 1 and May 4, 2022, six states (Alabama, Arizona, Florida, Georgia, Kentucky, and Oklahoma) passed nine election interference laws. These laws can lead to tampering with how elections are run and how results are determined. They can also open the door to partisan interference in elections or threaten the people and processes that make elections work. In many cases, these efforts are justified as measures to combat baseless claims of widespread voter fraud.
In addition to the above, lawmakers in 27 states have proposed at least 148 election interference bills. Some of these bills have already been enacted, such as two laws in Arizona and Mississippi that restrict access to voting. These restrictive laws make it harder for eligible Americans to register, stay on the voter rolls, and/or cast their votes.
There are also specific laws in place to prevent election interference and voter fraud. For example, it is illegal to give false information about one's name, address, or period of residence in the voting district for the purpose of establishing eligibility to register or vote. It is also illegal to pay or offer payment for registration or voting. These laws help ensure the integrity of the election process and protect the rights of citizens to have their votes counted.
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Frequently asked questions
Yes, American citizens can vote to change laws. However, the process may vary depending on the state and the type of law in question. American citizens can also petition the government to change laws, which, if successful, may lead to a vote in the legislature.
Some federal laws that protect the right to vote include:
- The Civil Rights Act of 1870
- The Voting Rights Act of 1965
- The Voting Accessibility for the Elderly and Handicapped Act of 1984
- The Americans with Disabilities Act of 1990
- The National Voter Registration Act of 1993
- The Help America Vote Act of 2002
State voting laws can significantly impact the ease of voting for American citizens. Some states have passed restrictive laws that make it harder for eligible citizens to cast their ballots, especially for people of color and vulnerable communities. On the other hand, pro-voter legislators in other states have enacted expansive laws that expand access to voting, such as automatic voter registration.
There have been several efforts to reform and protect the voting process in the United States, including:
- The John R. Lewis Voting Rights Advancement Act, which aims to restore the Voting Rights Act and protect vulnerable communities from racial discrimination in voting.
- The Peace Act (or the Freedom from Intimidation in Elections Act in Congress), which strengthens prohibitions against the intimidation of voters and election officials and seeks to limit the presence of guns around elections.
- The For the People Act, which includes innovative solutions for voting, ethics, campaign finance, and fair election maps.
