Kara Sears
Voting rights are under attack as states pass laws that make it harder for eligible voters to exercise their fundamental constitutional right. These laws include measures such as imposing strict voter ID requirements, limiting early voting opportunities, removing ballot drop boxes, and restricting mail-in voting. Additionally, states with a history of racial voting discrimination have enacted laws that disproportionately impact communities of color, making it more challenging for them to participate in the democratic process. These restrictive laws also affect older voters and individuals with disabilities, who may face challenges in returning their ballots or accessing polling places. As a result of these laws, voting rights organizations have been forced to suspend their absentee ballot assistance services, further limiting the resources available to vulnerable populations.
| Characteristics | Values |
|---|---|
| Restrictive laws | Making voter registration more difficult, reducing early voting opportunities, closing polling places, limiting voter assistance, strict voter ID laws, limiting mail voting |
| Election interference laws | Allow partisan interference, threaten election processes and workers |
| Accessibility issues | Lack of reliable mail service, limited drop box locations, limited hours for ballot delivery, lack of transportation, disability access |
| Absentee ballot issues | Difficulty returning ballots, risk of penalties for those assisting, lack of local family members, vague definitions of caregivers |
| Racial discrimination | Targeting communities of colour, increasing turnout rate gaps between white voters and voters of colour |
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What You'll Learn
Restrictive voting laws
One common type of restrictive voting law is strict voter ID legislation. Most states require some form of identification to vote in person, but certain states have implemented especially stringent requirements. For example, Texas' strict voter ID law was struck down by federal courts as racially discriminatory. Additionally, states may have vague definitions of "caregivers," making it difficult for older voters who rely on caregivers or family members to return their ballots.
Another tactic to restrict voting is limiting mail-in voting and ballot drop boxes. Some states have proposed removing drop boxes for ballot collection, which can be an immense burden for voters who live far from polling places or have unreliable mail service. In 2020, postal service delays in Michigan caused some voters to receive their mail ballots only a day before the election. Restricting mail-in voting and ballot drop boxes can disproportionately affect voters with disabilities, who may have difficulty travelling to polling places.
Furthermore, restrictive legislation can include measures that allow for partisan interference in elections or threaten election administrators and processes. These laws not only harm election administration but also undermine voters' faith in election security. Overall, restrictive voting laws create significant burdens for eligible voters trying to exercise their fundamental constitutional rights.
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Strict voter ID requirements
The impact of strict voter ID laws extends beyond Black Americans, affecting other marginalized populations as well. Native American communities, for instance, face significant barriers due to their geographic isolation and the lack of mandated paperwork required to obtain government-issued IDs. Similarly, elderly and low-income voters may lack the financial resources or mobility to obtain the necessary identification.
The burden of obtaining government-issued photo identification falls more heavily on certain demographics. Up to 18% of citizens over 65, 16% of Latino voters, 25% of Black voters, and 15% of low-income Americans lack acceptable photo ID. The process of acquiring the necessary documentation, such as a birth certificate, can be challenging and costly, creating an additional obstacle for eligible voters.
Furthermore, voter fraud is extremely rare, with only 193 criminal convictions out of 250,000,000 votes cast by mail between 2000 and 2020. Existing measures are already in place to detect and investigate potential cases of voter fraud, rendering the need for additional legislation less pressing. Voter photo ID laws have a history of being used to disenfranchise minority voters, tracing back to the Jim Crow era, when various tactics were employed to prevent Black Americans from voting.
While states have the authority to set their own voter ID rules, it is important to acknowledge the potential negative consequences of strict voter ID requirements. These laws can create barriers for eligible voters, particularly from marginalized communities, and may not effectively address election integrity concerns.
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Cuts to early voting
In addition to impacting specific communities, cuts to early voting can also create longer lines and wait times at the polls on election day. This can lead to a higher likelihood of voters encountering difficulties and may deter some individuals from casting their ballots. Early voting provides voters with greater flexibility and convenience, especially for those with busy schedules or other commitments on election day.
Furthermore, reducing early voting opportunities can disproportionately affect voters with disabilities. According to the U.S. Election Assistance Commission (EAC), one in seven voters with disabilities reported difficulties voting in the 2022 midterms, with a significantly higher likelihood of encountering challenges compared to non-disabled voters. By cutting early voting options, voters with disabilities may face additional barriers and limited choices in how they cast their ballots.
Overall, cuts to early voting can have a significant impact on various communities, including racial minorities, voters with disabilities, and those with busy schedules. Reducing early voting opportunities can create additional barriers, deter individuals from voting, and ultimately undermine the democratic process by making it harder for eligible citizens to exercise their fundamental right to vote.
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Closing polling places
The closure of polling places can disproportionately impact certain communities, particularly minority, low-income, older, rural, and disabled voters. For example, in Texas, the closure of 750 polling places since the Shelby v. Holder decision has made it harder for minorities to vote. Similarly, in Arizona, where 30% of the population is Latino, the widespread reduction of 320 polling places has likely affected the voting accessibility for this demographic.
Research supports the notion that longer distances to polling places can decrease voter turnout. A 2020 study found that an additional mile of travel distance reduced turnout by 19% in majority-minority districts, compared to a 5% reduction in majority-white districts. This disparity highlights how the closure of polling places can disproportionately affect minority communities.
Furthermore, the closure of polling places can result in longer lines at the remaining locations, which may further discourage people from voting. This issue of accessibility is particularly relevant for low-income individuals who may lack transportation or find it challenging to take time off from work to vote.
The impact of closing polling places is also felt by older voters and people with disabilities, who may already face challenges in transportation and mobility. For these individuals, travelling longer distances to reach a polling place can be a significant barrier to exercising their right to vote.
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Limitations on mail voting
In the aftermath of Shelby County v Holder, a Supreme Court case from 2013, very few restrictive laws targeting mail voting were passed. However, following the 2020 election, there was a legislative backlash against mail voting, fuelled by false claims of mail ballot voter fraud. Since 2020, 21 states have passed 33 laws restricting mail voting access, with 22 states passing 43 such laws since Shelby County.
One example of these restrictive laws is the Texas Election Code, which imposes limitations on qualifications for voters who wish to cast no-excuse mail-in ballots. In Texas, only voters over the age of 65 are allowed to cast no-excuse mail-in ballots. Those with a qualifying excuse, such as sickness or disability, can also vote by mail. This law has been challenged in court by the Texas Democratic Party and voters, who argue that the state's restrictions on mail-in voting violate the 14th and 26th Amendments of the U.S. Constitution and Section 2 of the Voting Rights Act (VRA). They claim that the restrictions disproportionately harm minority voters and result in racial discrimination.
Another consequence of these restrictive voting laws is the impact on voting rights organisations. For example, laws in Mississippi mean that individuals who don't fall into a family or caregiver exception can face up to a year in jail or a $3,000 fine for assisting voters with their absentee ballot return. This has forced organisations like the League of Women Voters to suspend their absentee ballot assistance services in states with these restrictions, further limiting the resources available to vulnerable populations.
The passage of restrictive voting laws in the United States stands in contrast to the expansion of voting access in other countries. For example, Denmark and Sweden limit mail-in voting to those unable to vote in person and do not count late-arriving votes, regardless of the date of the postmark. This ensures that voting methods are honest and worthy of the public trust, while still providing options for those who cannot vote in person.
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Frequently asked questions
Some laws that can make voting more difficult include strict voter ID laws, limitations on mail voting, cuts to early voting, removing drop boxes for ballot collection, and purges of voter rolls.
Laws that restrict voting can disproportionately affect people with disabilities, who may already face challenges when voting. A survey found that one in seven voters with disabilities reported difficulties voting in the 2022 midterms.
Restrictive voting laws can disproportionately impact communities of colour. There is evidence that these laws fall hardest on communities of colour, and some have been struck down by courts as racially discriminatory.
