Keith Mack
Voting is a fundamental part of the democratic process, and in the United States, voting laws and regulations have undergone significant changes over the years. While the right to vote has expanded since the country's founding, when only a select few were granted this privilege, challenges to voting rights have persisted. In recent years, the United States has witnessed a wave of legislation aimed at restricting voting access, with at least 30 states enacting 79 restrictive laws since the 2020 presidential election. These laws have made it more difficult for eligible Americans to cast their ballots, raising concerns about voter suppression and disenfranchisement. On the other hand, pro-voter legislators have also made efforts to expand voting access, with at least 21 states enacting 32 expansive laws in 2024. As the country heads into another election cycle, the impact of these changing voting laws remains to be seen, and the question of whether voting can truly change the laws in the United States is a complex one that will be answered in the coming elections.
| Characteristics | Values |
|---|---|
| Voting laws in the US | Date back to Article 1 of the Constitution |
| Voting rights | Protected by federal laws |
| Voter qualifications | Governed by the Elections Clause and the Seventeenth Amendment |
| Voter ID rules | Set by each state |
| Election laws | Governed by federal laws |
| Voting requirements | Include showing some form of identification |
| SAVE Act | May make it harder for married women to vote |
| Election interference laws | Passed in at least 15 states since 2020 |
| Restrictive voting laws | Passed in at least 30 states since the 2020 presidential election |
| Voting legislation | 2024 was an active year, with no signs of slowing down in 2025 |
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What You'll Learn
Voter suppression and restrictive laws
Voting can change the laws in the United States, but voter suppression and restrictive laws can hinder this process. Voter suppression in the United States involves legal and illegal efforts to prevent eligible citizens from exercising their right to vote. This has been used historically for racial, economic, gender, age, and disability discrimination. For example, after the American Civil War, poll taxes and language tests suppressed the voting rights of African-American men. Similarly, in the 1880s, Democrats passed laws that made voter registration and electoral rules more restrictive, resulting in decreased political participation by most blacks and many poor whites.
In recent years, there has been a trend of restrictive voting legislation, with at least 100 restrictive laws added across states since the Supreme Court gutted the Voting Rights Act a decade ago in Shelby County v. Holder. This decision removed the requirement for jurisdictions with histories of racial discrimination in voting to obtain federal approval for new voting policies, allowing states to implement discriminatory restrictions on voting access. Many of these new laws are in states with a history of racial voting discrimination, and there is evidence that they disproportionately affect communities of color.
Restrictive legislation can take various forms, such as imposing strict voter ID requirements, cutting back on early voting, imposing residency requirements, and restricting voting by mail. For example, in 2015, Wisconsin enforced a photo ID law that led to real incidents of disenfranchisement, particularly in minority communities. Since the 2020 election, 21 states have passed 33 laws restricting mail voting access, partly due to false claims of widespread voting fraud spread during and after the election.
In addition to restrictive laws, election interference legislation has also been enacted in some states. These measures allow for partisan interference in elections and can undermine voters' faith in the security of elections. As a result, voters in almost half of the country will face new voting restrictions in the upcoming general elections, and obstacles in over half of the states during the 2024 presidential election. While some states have enacted a few restrictive provisions, others have expanded voting access more significantly. For instance, at least 21 states enacted 32 expansive laws in 2024, and at least 42 states have enacted 172 expansive laws since January 2021.
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Federal laws and voter protection
Voting is a fundamental part of the democratic process in the United States, and federal laws play a crucial role in protecting the rights of voters and ensuring fair and secure elections. These laws are designed to prevent voter suppression and discrimination, safeguard against fraud and interference, and promote equal access to the polls.
The Elections Clause of the Constitution grants states the authority to regulate the "times, places, and manner" of holding congressional elections. This includes establishing procedures, safeguards, and sanctions to protect the integrity of the election process. However, federal laws set uniform standards and protections that states must follow to comply with the Constitution.
One key aspect of voter protection is the prevention of discrimination and the guarantee of equal voting rights for all eligible citizens. The Civil Rights Acts, including the landmark Voting Rights Act of 1965, prohibit voter discrimination based on race, colour, or membership in a language minority group. This Act also mandated that certain jurisdictions provide election materials in languages other than English and placed restrictions on states with a history of voter discrimination. The 15th Amendment, ratified in 1870, granted African American men the right to vote, while the 19th Amendment, ratified in 1920, extended this right to women. The 24th Amendment, ratified in 1964, eliminated poll taxes, which had been used in some states to prevent African Americans from voting.
Federal laws also address issues related to voter registration, identification, and election security. The National Voter Registration Act (NVRA) and the Help America Vote Act (HAVA) require states to maintain accurate and current lists of legally registered voters. HAVA also authorised federal funding for elections and established the US Election Assistance Commission (EAC) to help states improve voter education, registration, and ballot standards. To protect against fraud, most states have voter ID laws, requiring voters to present identification before casting their ballots.
In recent years, there has been a growing trend of states enacting restrictive voting laws, which can make it harder for eligible citizens to vote. At the same time, pro-voter legislators have been pushing for expansive laws that expand access to voting. This ongoing tension between restrictive and expansive voting laws underscores the importance of federal laws and judicial interpretations in safeguarding voter rights and ensuring fair elections.
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State voting laws and voter ID requirements
Voting laws and voter ID requirements vary across the United States. As of November 2024, 35 states required voters to present identification at the polls on Election Day, with 23 of those states requiring photo identification. The remaining 15 states did not require voters to present identification to vote in person.
The specific forms of identification accepted also vary by state. For example, Indiana's strict ID system only accepts five forms of ID: an Indiana driver's license, an Indiana ID card, a military ID, a US passport, or a student ID card from an in-state college or university. In contrast, Canada accepts any two forms of ID from a list of 45 possibilities, which is considered less stringent than the requirements in 22 US states.
Some states provide exceptions to the ID requirements. For example, certain states that require ID may allow some voters to cast a ballot without providing an ID. Additionally, federal law requires newly registered voters to provide either a driver's license number or the last four digits of their Social Security number during registration.
Since the 2020 presidential election, at least 30 states have enacted 79 restrictive laws, making it harder for eligible Americans to cast their ballots. In 2024, at least 10 states enacted 19 restrictive laws, and early indicators suggest that the pace of enacting such laws is not slowing down for 2025. On the other hand, pro-voter legislators have also been working to expand access to voting, with at least 21 states enacting 32 expansive laws in 2024.
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The impact of the SAVE Act on married women
Voting is a way for citizens to have a say in how their country is run and to hold their government accountable. In the United States, voting laws are constantly evolving, with states enacting restrictive and expansive laws that can make it harder or easier for eligible Americans to cast their ballots. One such bill that has received a lot of attention for its potential impact on married women is the SAVE Act.
The Safeguard American Voter Eligibility (SAVE) Act, passed by the United States House of Representatives, would require every eligible voter to provide documentary proof of citizenship to register to vote. While this may seem reasonable in theory, in practice, it could disproportionately affect certain groups, including married women. An estimated 69 million American married women do not have paperwork that reflects their current legal name, often due to taking their spouse's last name. Obtaining updated documentation can be a costly and time-consuming process, involving criminal background checks, notaries, court documentation, trips to the DMV, and more.
The SAVE Act has been criticized for potentially suppressing the votes of millions of eligible voters, including married women, by creating unnecessary barriers to registration and voting. Opponents argue that it is a veiled attempt at voter suppression, particularly targeting marginalized communities. The Act has also been scrutinized for its potential impact on trans individuals, people of color, elderly voters, and those with lower incomes, who may already face challenges in obtaining the required documentation.
The SAVE Act highlights the complex nature of voting laws in the United States and how they can directly affect specific groups, such as married women. It underscores the importance of considering the potential consequences of legislative changes on different communities and ensuring that voting remains accessible and inclusive for all eligible citizens.
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Election integrity and interference
The integrity of elections in the United States is a highly significant issue, with various measures in place to ensure security and protect against interference. The Elections Clause grants states the authority to regulate the times, places, and manner of holding congressional elections, including registration, supervision of voting, and the prevention of fraud and corrupt practices.
However, since the 2020 presidential election, there has been a notable increase in restrictive voting laws, with at least 30 states enacting 79 restrictive laws, making it harder for eligible Americans to cast their ballots. This trend has continued, with at least 10 states enacting 19 restrictive laws in 2024, and at least 317 restrictive bills considered in 40 states. These restrictive laws can threaten the people and processes that make elections work and undermine voters' faith in the security of elections.
To preserve election integrity, the White House has outlined several measures. These include improving the security of voting systems and electronic registration processes, prioritizing the enforcement of Federal election integrity laws, and withholding funds from states that do not comply with Federal laws regarding elections. Additionally, the Election Assistance Commission is to take action to amend the Voluntary Voting System Guidelines and establish standards for voting systems to protect election integrity, such as not using barcodes on ballots.
To combat the spread of misinformation, state legislators, local administrators, and advocates are encouraged to strengthen and clarify election processes, preempt disinformation, and enact stronger measures against intimidation. Post-election audits can also help restore public confidence in elections by ensuring the accurate recording and tallying of votes. Election officials play a crucial role in this regard, and their safety and independence must be ensured.
While artificial intelligence (AI) did not significantly impact the 2024 election, it is expected to pose a greater challenge in the future, with deepfakes and other AI-generated content potentially affecting the electoral process.
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Frequently asked questions
Yes, voting can change the laws in the United States. Voting is a way for citizens to have a say in how their government is run and to influence the laws that are passed. Voting gives citizens the power to elect representatives who share their values and policy positions, which can lead to changes in laws at the local, state, and federal levels.
Voting has a significant impact on law-making in the United States. For instance, the 15th Amendment, which granted African American men the right to vote in 1870, and the 19th Amendment, which gave women the right to vote in 1920, were both a direct result of voting and advocacy. More recently, voting has influenced the passage of laws such as the Voting Rights Act of 1965, which prohibited voter discrimination based on race, colour, or language minority status.
Voting laws in the United States are governed by federal laws and state laws. While federal laws establish a uniform Election Day and protect voting rights, each state has its own voter ID rules and is responsible for overseeing federal elections. State legislatures can also enact voting-related laws, such as those concerning voter registration and voting procedures.
There are ongoing debates and concerns regarding voting laws in the United States. For example, the SAVE Act has sparked controversy over its potential impact on married women's ability to vote, particularly those who have changed their last names. Additionally, there is a trend of restrictive voting laws being enacted, making it harder for eligible Americans to cast their ballots. Election interference laws and issues with foreign interference in elections have also been a cause for concern.
