1 Voting Mr. Rosenstock San Fernando High School

Voting Suffrage/Franchise : Interchangeable terms = the right to vote Electorate : All eligible voters Trends Since 1789: 1.) Gradual elimination of restrictions to voting (up to recent times) 2.) Federal government has asserted more power over voting rights from the states 2

Extending Suffrage Religious qualifications were removed by all states by Property ownership and Tax payment were repealed by mid 1800s. Affected White males. 15 th Amendment (1870): Meant to protect suffrage regardless of race or color. African Americans still largely disenfranchised into the mid 1960s. 17 th Amendment : Senate elected by people 19 th Amendment: prohibits denial of the vote based on sex. Indian Citizenship Act Gave Native Americans rights of citizenship and voting rights. 3

24 th Amendment (1964): Eliminated the poll tax - special tax demanded by some states as a voting requirement. Voting Rights Act of 1965: a. Eliminated literacy tests. b. Reinforced the 15 th Amendment. c. States with history of poor voter participation and abuse had preclearance requirements before making changes that affected voting: –1. The location of polling places –2. Boundaries of election districts –3. Deadlines in election process –4. Qualifications candidates must meet for office Extended voting rights to blacks and minorities. 4

26 th Amendment (1971) : Sets voting age at 18 yrs. Federal “Motor Voter Law” (1993): State Motor Vehicle Departments must allow people to register to vote when getting a license or registering a vehicle. Federal Voting Standards and Procedures Act (2003): States must streamline registration, voting and election procedures 5

Power to Set Voting Qualifications States have the power to set voting qualifications. However, the Constitution places five restrictions: 1.) Any person who can vote within the state must be allowed to vote for US Senate and Congress 2.) No one can be deprived of suffrage based on race, color or previous servitude 3.) No one can be deprived of suffrage based on sex 4.) No state may require a tax as a condition to vote 5.) No state may deprive suffrage to anyone at least 18 yrs of age 6

Universal Requirements 1.) Citizenship: All states require a person to be a citizen to vote. However, the Constitution does not require citizenship and at one time it was permissible to vote if you were in process of naturalizing. 2.) Residence: All states require a person to be a resident of the state in which they are voting. For Federal Elections, Congress banned any requirement greater than 30 days. Homeless are allowed to fulfill residency through alternative address locations (park bench, etc). But many cannot vote because of need to show driving license or Social Security card. 7

Two reasons for residency requirements: 1.) to prevent a political machine from importing outsiders into a state and affecting an election, and 2.) New voters should be familiar with local issues/candidates before voting. 3.) Age: the 26 th Amendment sets the maximum voting age at 18yrs…but does not set a minimum age. Several states allow for people to vote in the Primary Elections if they are 17 and will be 18 by the General Election (Presidential). (ex) Nebraska Voter turnout amongst yr olds is the lowest of all voter groups by age. 8

Persons Denied the Vote Every state denies the vote to certain people: –1.) Persons in mental institutions or declared mentally incompetent. –2.) 1/4 th of states prohibit people incarcerated from gaining or regaining the right to vote –3.) A handful of states prohibit the vote to those dishonorably discharged from the military (counted as a felony…so same as above #2) 9