Gavin Howe
Voting laws in the United States are governed by federal laws, which outline the rights and restrictions of citizens when it comes to casting their ballots. While voting is not mandatory in the US, federal laws play a crucial role in ensuring fair and accessible elections, including limiting campaign contributions and addressing voter fraud. The process of lawmaking involves the introduction of bills, which can be proposed by members of Congress or citizen groups. These bills undergo research, discussion, and amendments before being voted on by Congress. The president then has the power to approve or veto the bill. This complex interplay between Congress and the president shapes the legal framework of the nation. Additionally, voting rights themselves have been a contentious issue, with ongoing debates about voter suppression, gerrymandering, and the voting age.
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What You'll Learn
Voting laws and how they are made
Voting laws in the United States are governed by federal laws, which also outline citizens' voting rights. While voting is not compulsory in the US, federal laws have been enacted to make it easier for citizens to exercise their right to vote. These laws include the Civil Rights Acts, which protect against discrimination in voting, the Voting Rights Act of 1965, which prohibits voter discrimination based on race, colour, or language minority status, and the Voting Accessibility for the Elderly and Handicapped Act of 1984, which ensures polling places are accessible to people with disabilities.
The process of creating and amending voting laws in the US begins with a bill, which is a proposal for a new law or a change to an existing one. Bills can be proposed by members of the US Senate or House of Representatives, or they can be petitioned by citizens or citizen groups who recommend new or amended laws to their Congressional representative. Once a bill is introduced, it is assigned to a committee that researches, discusses, and makes changes to it. The committee may then report the bill to the full committee, with or without amendments, or without a recommendation.
The full committee then discusses the bill and offers amendments, which are subject to acceptance or rejection by the House. This process involves procedures such as the "five-minute rule," which allows members to offer amendments or pro forma amendments for debate. The bill is then put before the chamber to be voted on. If it passes one body of Congress, it goes through a similar process in the other body. Once both bodies accept a bill, they must reconcile any differences between their versions before both chambers vote on the same text. If the bill passes this stage, it is presented to the president for approval.
The president can either approve the bill, signing it into law, or veto it. If vetoed, Congress can vote to override the veto, and the bill becomes law. However, if the president does not sign off on the bill and Congress is no longer in session, the bill is pocket-vetoed and cannot be overridden.
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The right to vote
The process of lawmaking in the United States involves the introduction of a bill, which is a proposal for a new law or a change to an existing one. A bill can be introduced by a sitting member of the Senate or House of Representatives, or it can be proposed during an election campaign. Citizens or groups can also petition their representative in Congress for a new or amended law. Once introduced, a bill is assigned to a committee, which researches, discusses, and makes changes to it. The committee may then report the bill to the full committee, with or without amendments, or without a recommendation.
After the committee stage, the bill is put before the chamber for a vote. If it passes one body of Congress, it goes through a similar process in the other body. Once both bodies of Congress approve a bill, they work out any differences between the two versions and vote on the final version. If the bill passes, it is presented to the president for approval. The president can either sign the bill into law or veto it. If vetoed, Congress can vote to override the veto, and the bill becomes law.
Voting rights in the United States have been the subject of legal challenges and legislative changes. For example, the Twenty-sixth Amendment, ratified in 1971, prohibits federal and state laws from setting a minimum voting age higher than 18 years. Some cities, like Chicago, and some states have allowed non-citizen residents to vote in local elections, although federal law prohibits non-citizens from voting in federal elections.
In recent years, there has been an increase in restrictive voting laws, which make it harder for eligible Americans to register, stay on voter rolls, or cast their ballots. Since 2020, at least 30 states have enacted such laws, with at least 10 states enacting 19 restrictive laws in 2024 alone. On the other hand, some states have also passed expansive voting laws, which make it easier for eligible citizens to exercise their right to vote.
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Bills and amendments
In the United States, Congress is the federal government's lawmaking branch. A bill is a proposal for a new law or a change to an existing law. Any sitting member of the U.S. Senate or House of Representatives can propose a bill, or it can be proposed during their election campaign. Bills can also be petitioned by citizens or citizen groups who recommend a new or amended law to a member of Congress that represents them. Once a bill is introduced, it is assigned to a committee, whose members will research, discuss, and make changes to the bill.
The process of creating a bill involves several steps. Firstly, the bill is discussed and amended in committees. Committees can be full committees or subcommittees, and they are responsible for reviewing and making changes to the bill. During this stage, members may offer amendments, which are proposals to change the bill. These amendments are subject to acceptance or rejection by the House. After hearings are completed, the subcommittee considers the bill in a session known as the "markup" session, where the views of both sides are studied, and a vote is taken to determine the subcommittee's action.
Once a bill has passed through the committee stage, it goes before each body of Congress for a similar process of research, discussion, changes, and voting. If the bill passes one body of Congress, it moves to the other body for further consideration. Once both bodies have voted to accept a bill, they must work together to reconcile any differences between their respective versions. This involves negotiation and compromise to create a single, agreed-upon version of the bill.
After both chambers of Congress have voted to approve the same version of the bill, it is presented to the president for consideration. The president has the power to approve or veto the bill. If the president approves, the bill is signed into law. However, if the president vetoes the bill, Congress can, in most cases, vote to override the veto, and the bill becomes a law.
In addition to bills, there are also constitutional amendments. Amendments are changes or additions made to the Constitution, the foundational document of the United States. The process of amending the Constitution is typically more complex and rigorous than passing a bill. There have been 27 amendments to the Constitution, including the Bill of Rights, which comprises the first 10 amendments ratified in 1791. Amendments can strengthen and expand freedoms and rights, such as the First Amendment, which protects freedom of speech and religion, or the Second Amendment, which protects the right to keep and bear arms.
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Voting restrictions
In the United States, federal laws govern voting rights. While no one is legally required to vote in any local, state, or presidential election, federal laws do put limits on campaign contributions to candidates for president and Congress. Federal laws also protect voting rights and make it easier for eligible citizens to vote. However, each state has its own voter ID rules, and most states require voters to present identification when voting in person.
Some of the restrictive voting laws that have been implemented include strict voter ID requirements and limitations on mail voting. These laws have been criticised for their potential racial discrimination, particularly against communities of colour. While a few of these laws have been blocked by courts or repealed, most are still in effect, impacting voting access across the country.
In addition to the laws mentioned above, there are other factors that restrict voting rights in the United States. For example, non-citizens, including permanent legal residents, are generally not allowed to vote in federal, state, and most local elections, although some areas do allow non-citizens to vote in local elections. Individuals with felony convictions or those currently serving time for other crimes may also be prohibited from voting, with rules varying by state. Similarly, some individuals with mental disabilities may have restrictions on their voting rights, depending on state laws.
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Voter suppression
In the United States, voter suppression refers to any attempt to prevent or discourage certain Americans from registering to vote or casting their ballot. Voter suppression does not require intent and often targets specific groups based on race, ethnicity, political affiliation, age, or other aspects of voters' identities.
Historically, voter suppression has overwhelmingly targeted Black Americans. After the Civil War, Black men were able to participate in elections once the 15th Amendment to the US Constitution was adopted in 1870. However, in the years that followed, Jim Crow laws were enacted to prevent poor and Black voters from participating in elections. These laws included poll taxes and literacy tests. Many of these voter suppression strategies remained in place until the 1965 passage of the Voting Rights Act.
In recent years, there has been a surge of anti-voter bills across the nation, with many being legalized. Some common forms of voter suppression include discriminatory voter ID and proof-of-citizenship restrictions, reduced polling place hours in communities of colour, the elimination of early voting opportunities, and illegal purges of voters from the rolls. Voter purges, or the process of cleaning up voter rolls by deleting names from registration lists, can be flawed and lead to the disenfranchisement of eligible voters. Strict photo identification requirements can also block millions of eligible citizens from voting, particularly among young, elderly, lower-income people, people of colour, and people with disabilities.
Other forms of voter suppression include making it difficult for expats to cast ballots, reducing access to mail-in voting, and creating barriers to voter registration. Same-day registration can help mitigate some of these issues, but registration still creates an extra step in the election process that can suppress votes.
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Frequently asked questions
Yes, citizens can vote on law changes in the USA. A bill is a proposal for a new law or a change to an existing law. Citizens can petition bills to members of Congress, who represent them. Once a bill is introduced, it is assigned to a committee, which researches, discusses, and makes changes to the bill. The bill is then put before that chamber to be voted on.
Once a bill passes one body of Congress, it goes to the other body to research, discuss, and make changes. Once both bodies vote to accept a bill, they must agree on the same version. Both chambers then vote on this version of the bill. If it passes, it is presented to the president for approval. The president can either approve the bill and sign it into law or veto it. If the president chooses to veto, Congress can vote to override the veto, and the bill becomes a law.
Restrictive laws make it harder for eligible Americans to register, stay on voter rolls, or vote compared to existing state laws. Since the 2020 presidential election, at least 30 states have enacted 79 restrictive laws.
Alabama, Arizona, Colorado, Florida, and North Dakota are some states with restrictive voting laws.
