By Kelly Maue
America just celebrated its 250-year milestone. But this experiment in democracy, which began in the 1700s, has struggled with equal voting rights since its early days. It seems that entities have always sought to keep the vote away from those less powerful.
The US Constitution did not guarantee voting rights. Because the Founding Fathers could not fully agree on the issue, they decided that voting was largely a matter for the states, both how politicians were elected and who could vote for them. White men with property were the first to be granted the right to vote. It took well over a century for women, minorities, and people of color to gain that right. The process also changed over time; public methods evolved into the private voting booth.
After America proclaimed independence from Britain, the Founding Fathers wrote the Constitution, which was ratified in 1788. The states decided voting rules, which limited voting to white men who owned land.
George Washington was elected the first US president in 1789, winning all 69 electoral votes. Quakers, Catholics, and Jews were not allowed to vote. That same year, New Jersey initially let women vote but changed the law after two decades. Free black men were also technically allowed to vote in many of the states, before backtracking in subsequent years.
Over the next fifty years, individual states passed laws to prevent free black men from voting while dropping the landownership provision for white men. Political parties were beginning to form.
The Civil War ended in 1865, and the 13th Amendment outlawed slavery. In 1868, the 14th Amendment established citizenship for formerly enslaved people and guaranteed equal protection under the law. In 1870, the 15th Amendment declared that people couldn’t be denied the right to vote because of race – but in practice, it didn’t mean those same people had the right in the first place.
For decades, barriers were put in place, especially in the southern states, to stop certain groups from voting. Tactics like paying poll taxes or taking literacy tests disproportionately affected African American men, Native American men, and immigrants.
The 17th Amendment in 1913 increased the power of the vote. This allowed eligible voters to elect US senators. Until then, voters could choose their representatives but state legislatures selected US senators.
In 1890, Wyoming became the first state to recognize women’s right to vote. During the next 30 years, several other states followed suit, including Utah and Idaho. Finally, after years of activism, the 19th Amendment passed in 1920 and prohibited denying any US citizen the right to vote based on gender.
Native Americans became legal citizens and gained voting rights in 1924, but it took another 20-plus years for all states to grant them that right.
During the 1960’s the struggle for equal voting rights only intensified. Southern states, in particular, continued policies to suppress the vote, such as poll taxes, literacy tests, and English-language requirements. Then in 1964, the 24th Amendment stated that no person should be denied the right to vote because they can’t pay a fee to vote, known as a “poll tax.”
Voting rights struggles continued, and in 1965, protestors organized marches from Selma, Alabama to the state capital of Montgomery. Thousands participated and hundreds were attacked by law enforcement, bringing nationwide attention to the issue of Black voting rights.
This same year, President Lyndon B. Johnson signed the Voting Rights Act into law. It permanently barred obstacles intended to keep people from voting while strengthening voting access and protections. This included requiring states to get approval before making changes to their election laws. Martin Luther King, Jr., John Lewis, Rosa Parks, and other key civil rights leaders attended this historic event at the US Capitol.
In 1971, the 26th Amendment changed the voting age from 21 to 18. Young people were becoming vocal and politically active during the Vietnam War when young men were drafted. Other changes in the 70s include expanding the Voting Rights Act to protect language minorities and protecting the vote for US citizens living overseas. The 80s passed laws requiring new voting protections for those with disabilities as well as those in the US military and others living abroad.
Voter registration opportunities expanded in 1993 with the National Voter Registration Act (or “motor voter” law). This legislation made a vehicle license application also serve as a voter registration application for federal elections. As a result, the DMV and other public offices made registering easier. The same law also requires states to offer mail-in registration.
The Help America Vote Act of 2002 followed the Bush-Gore election controversy of 2000 and aimed to streamline election procedures and make them more consistent. These measures include replacing outdated voting equipment, creating statewide voter registration lists, providing provisional ballots, and making it easier for voters with disabilities to vote privately.
In 2013, the US Supreme Court dealt a blow to the Voting Rights Act of 1965. In the 5-4 decision in Shelby County v. Holder, the Court ruled that states no longer had to submit changes to their election laws to the US Justice Department for approval or preclearance. Afterward, states including Texas, Mississippi, and Alabama enacted voter ID requirements that had previously been blocked as discriminatory. Voting rights groups have since stepped in to help protect underrepresented populations.
The fight for free and fair elections continues. Measures like closing polling places, gerrymandering, and restrictive voting laws all make it harder to vote. However, some states are expanding voting laws and absentee voting, increasing opportunities to register, and working to engage potential voters.
Voting is using your voice and is the best way to be heard on important issues. And for most of us, the right to vote was fought for by those who came before us.
Not voting has consequences, too. Do your civic duty and play an active role in local, state and federal governance. Take part in this cornerstone of American democracy. Don’t sit on the sidelines; show up and vote!
Check out this related content at hecmedia.org:
Voter registration is promoted through Dance the Vote
Celebrate the Vote remembers the Golden Lane, suffragists who protested along Locust Street in St. Louis in 1916
Transform your Hood: the campaign to boos civic engagement
Songs for Democracy at the Sheldon
Frankie Freeman, Civil Rights icon
HEC-TV Live discusses Constitution Day and the Voting Rights Act of 1965
