Voting Rights in the United States – Key Points
Early Voting in America
• Colonial Era & Early Republic (1700s–early 1800s):
In the early United States, only white male property owners could vote.
Each state made its own voting rules. This meant the majority of people—
especially women, people of color, the poor, and Native Americans—
had no political voice.
• Jacksonian Democracy (1820s–1850s):
Many states dropped property requirements, allowing all white men
over 21 to vote. This expanded suffrage for poor white men but still
excluded nearly everyone else.
Constitutional Amendments Expanding Voting Rights
• 15th Amendment (1870):
Prohibited states from denying the right to vote based on race, color, or
previous condition of servitude.
➤ Southern states quickly found ways to disenfranchise Black voters
using unjust laws and practices:
o Literacy Tests: Required voters to prove they could read and write.
These tests were often unfair, confusing, and graded subjectively
to disqualify Black voters.
o Poll Taxes: Charged people a fee to vote. Many poor Black and
white citizens couldn’t afford to pay, so they lost their right to vote.
o Intimidation: Used threats, violence, or job loss to scare people—
especially African Americans—from voting or registering.
o Grandfather Clause: Allowed people to vote only if their
grandfather had voted before the Civil War. This excluded most
Black citizens, whose ancestors had been enslaved and could not
vote.
• 19th Amendment (1920):
Gave women the right to vote nationwide.
➤ Despite this, Black, Native American, Asian American, and Latina
women still faced discriminatory barriers at the polls.
• 23rd Amendment (1961):
Gave Washington, D.C. residents the right to vote in presidential
elections.
• 24th Amendment (1964):
Banned poll taxes in federal elections.
➤ Later expanded to state elections by the Supreme Court in Harper v.
Virginia Board of Elections (1966).
• 26th Amendment (1971):
Lowered the voting age from 21 to 18, inspired by the argument:
“If you're old enough to fight in war, you're old enough to vote.”
The Voting Rights Act of 1965 (NOT an Amendment – Federal law)
• Why It Was Needed:
Even after the 15th Amendment, racial discrimination in voting was
widespread. States used literacy tests, poll taxes, and threats to stop
Black voters from participating. The Voting Rights Act (VRA) was passed
to stop these practices and enforce the Constitution.
• What It Did:
o Banned literacy tests and other discriminatory practices.
o Required some states to get federal approval (preclearance)
before changing voting laws.
o Protected the rights of language minorities (e.g., Hispanic, Native
American, Asian voters).
• Major Expansions to the VRA:
o 1970: Banned all literacy tests and lowered the federal voting age to
18.
o 1975: Required bilingual ballots and materials in areas with many
non-English speakers.
o 1982: Made it easier to challenge voter discrimination in court and
extended preclearance rules for 25 more years.
o 1990 (ADA): The Americans with Disabilities Act required polling
places to be accessible to people with disabilities.
More Modern Voting Reforms
• Motor Voter Act (1993):
Allowed people to register to vote when applying for a driver’s license or
public assistance, making registration easier and more widespread.
• Help America Vote Act (2002):
Passed after issues in the 2000 election, it required states to upgrade
voting machines, train poll workers better, and keep more accurate
voter rolls.
• Shelby County v. Holder (2013):
This Supreme Court decision removed the formula used to decide
which states needed preclearance under the VRA.
➤ Since then, many states have passed new voting laws, including
strict voter ID rules and polling place closures, raising concerns about
renewed voter suppression.
Questions:
1) Who could vote in 1788?
2) Who theoretically gained the right to vote in 1870, but still had many obstacles
in their voting ability?
3) What were some of the obstacles?
4) Who could vote in 1920?
5) Who could vote in 1965?