Elections & Voting Rights
The rules of elections are not neutral. They determine who votes, whose vote counts, and who holds power.
Who Gets to Vote?
The Constitution does not grant the right to vote in explicit terms. Instead, it prohibits discrimination in voting on specific grounds. The Fifteenth Amendment (1870) prohibits denial of the vote based on race. The Nineteenth Amendment (1920) prohibits denial based on sex. The Twenty-Fourth Amendment (1964) prohibits poll taxes in federal elections. The Twenty-Sixth Amendment (1971) lowers the voting age to 18.
Article I, Section 4 gives states the power to set the "Times, Places and Manner" of elections, but reserves to Congress the right to override state regulations. This dual structure — state administration, federal oversight — is the source of much of the conflict over election law today.
“You shall not render an unjust judgment; you shall not be partial to the poor or defer to the great: with justice you shall judge your neighbor.” Leviticus 19:15 (NRSV)
Where the Arguments Are
Four issues dominate contemporary debates over elections:
Voter ID Laws
- Supporters say: ID requirements prevent fraud, ensure only eligible citizens vote, and increase public confidence in elections.
- Critics say: ID requirements suppress turnout among poor, minority, and elderly voters who are less likely to have government-issued ID. In-person fraud is extremely rare.
Gerrymandering
- Supporters of reform say: Drawing district lines to favor one party is a form of rigging. Independent commissions should draw maps.
- Defenders of the status quo say: The Constitution gives state legislatures the power to draw districts. Some partisan considerations are inevitable in any representative system.
Mail Voting
- Supporters say: Mail voting increases turnout, is secure, and is already used in many states without significant fraud.
- Critics say: Mail voting creates opportunities for coercion and fraud. It is less secure than in-person voting.
The Electoral College
- Critics say: It is undemocratic because the winner of the popular vote can lose the presidency. It gives disproportionate power to small states.
- Defenders say: It protects federalism, ensures candidates campaign across the country, and prevents domination by a few large states.
What Could Change
Reform proposals fall into several categories:
Federal legislation. The For the People Act and the John Lewis Voting Rights Advancement Act are examples of federal attempts to set national standards for voting access and to restore preclearance requirements for states with histories of discrimination.
Constitutional amendments. Some advocates propose abolishing the Electoral College or guaranteeing an explicit right to vote. Both would require two-thirds of Congress and three-fourths of the states — a high bar.
State-level reforms. Many states have expanded early voting, automatic voter registration, and same-day registration. Others have tightened ID requirements and reduced early voting periods.
Independent redistricting commissions. Several states have created independent commissions to draw district lines, removing the process from partisan legislatures.
Your Turn
Look up your state's voting rules. How easy is it to register? How easy is it to vote by mail? How are your congressional and state legislative districts drawn, and who draws them?
Then ask: which of the reform proposals above would you support, and why? What trade-offs do they involve?