Author: Yemi Adewunmi

The Declaration of Independence famously reads, “all men are created equal,” but all were not granted equal voting rights when the United States began. Many men could not vote for the leaders of their new nation. Women could not vote at all for some time after those words were written in 1776.

As the country grew, so did its voting rights, moving closer to the ideals of the Declaration. Today nearly all adult U.S. citizens have a legal right to vote. Read on to learn more about the expansion of voting rights throughout the country’s history.

The Evolution of Voting Rights in the US

Voting rights in the United States have evolved over time with the passage of new election laws and Constitutional amendments.

Voting Rights in the 1700s and 1800s

In the late 1700s, most states restricted voting rights to white male property owners older than 21. They began to remove the property ownership requirement in the early 1800s, and by the 1820s, it was no longer common.

The next major change to voting rights came at the end of the Civil War. In 1865, the 13th Amendment to the U.S. Constitution ended slavery nationwide. The 14th Amendment then granted citizenship and equal protection under the law to “all persons born or naturalized in the United States,” including former slaves.

In 1870, the 15th Amendment extended voting rights to Black men. They would face a long struggle before they could exercise it freely.

In the meantime, women were beginning their own fight for the right to vote. Wyoming was the first to grant it to women in 1869. One by one, more states allowed women to vote, but most still banned it during the 19th century.

Voting Rights in the 1900s

While the expansion of voting rights had already begun, many Americans wouldn’t see true change until the 1900s.

Women’s Suffrage Movement

The women’s suffrage movement in the U.S. began in the mid-1800s. Supporters protested, marched, and lobbied for women’s right to vote. Women still could not vote nationwide the 19th Amendment was ratified in 1920. Even then, Black women still faced the same obstacles to voting as Black men did.

Civil Rights Movement

While Black men were granted the right to vote by law in 1870, most still could not vote well into the 20th century. Many states, especially in the South, quickly put up barriers to voting that targeted Black citizens. Poll taxes required payment to vote, and Black voters were less likely than white voters to be able to pay them. Literacy tests also disadvantaged Black citizens, whose educational opportunities were limited. The requirements were often waived for white voters. Some states enacted “grandfather clauses,” which exempted people from these laws if they or their ancestors could vote before 1866 or 1867.

In the 1960s, the Civil Rights Movement challenged these and other discriminatory laws. Black Americans and their allies fought for equality through years of protests, marches, and civil disobedience. As a response, Congress passed the 24th Amendment to the Constitution, which banned poll taxes. Congress then got to work on civil rights legislation.

In 1965, President Lyndon B. Johnson signed the Voting Rights Act, which banned literacy tests and enforced the 15th Amendment. Johnson had told Congress that these “literacy tests” sometimes required Black voters to recite the Constitution or explain complex state laws. Since its passage, several amendments to the Voting Rights Act have extended it and added protections for voters. Notably, a 1975 change required districts with a significant non-English-speaking population to provide ballots and information in the language of that population.

Native Americans and Asian Americans

Some Native Americans already had citizenship by 1924, but that year, the Indian Citizenship Act granted all Native Americans citizenship and the right to vote. Some states still prevented them from voting for a few decades.

The Magnuson Act of 1943 gave Chinese immigrants the right to citizenship and, thus, the right to vote. In 1952, the McCarran-Walter Act granted these rights to all Americans of Asian descent.

Youth Rights Movement

Efforts to lower the minimum voting age started in the 1940s, but they didn’t gain momentum until the 1960s. The military draft during the Vietnam War sparked a youth rights movement. Voters had to be 21 to vote in most states, but they could be conscripted into military service at 18. Advocates pointed out that young men were being sent to war without the ability to vote for the people who decided to wage it. In 1971, the 26th Amendment established a national voting age of 18.

Protections For Voters With Disabilities

The Voting Accessibility for the Elderly and Handicapped Act of 1984 set nationwide requirements for accessibility in the federal election process. It mandates that all polling places must be accessible to people with disabilities and the elderly. If no accessible location is available, voters must have an alternate means of voting on Election Day. The law also requires each state to provide ballots printed in a large font and voting aids for the deaf and hard of hearing.

Motor Voter Act

In 1993, Congress passed the National Voter Registration Act of 1993, also known as the “Motor Voter Act.” This law includes several provisions intended to make voter registration easier. It requires states to allow people to register to vote when they apply for or renew their driver’s license or apply for public assistance. States must also offer mail-in voter registration applications.

Voting Rights in the 21st Century

The 21st century began with further expansions of voting rights and improvements in the election process. Later, though, two U.S. Supreme Court rulings weakened key provisions of the Voting Rights Act.

Convicted Felons and Prisoners

In the first decade of the 2000s, many states began to lift restrictions on voting for convicted felons. People with felony convictions had typically been banned from voting for life. Now, most states restore voting rights after prisoner release, probation, or parole. Some set conditions on restoration, and two – Kentucky and Virginia – require felons to petition for it. Maine, Vermont, and Washington, D.C., allow prisoners to vote while they are in prison.

Help America Vote Act of 2002

The 2000 presidential election was especially contentious. The result came down to Florida, where George W. Bush won over Al Gore by a thin margin. State law required a recount, bringing attention to ballots that had been rejected for errors. Some counties in Florida used punch-card voting machines, which some voters had difficulty using. The machines also did not fully punch the ballot card at times, causing the counting system to reject those ballots. Gore contested the election and requested a manual recount in four counties, but the U.S. Supreme Court ruled against him.

In response to this controversy, Congress passed the Help America Vote Act of 2002. The law required states to replace punch card or lever voting systems with newer systems. It also created the Election Assistance Commission and set minimum standards for election administration.

Weakening of the Voting Rights Act

In the 2013 case Shelby County v. Holder, the Supreme Court ruled that Section 4(b) of the Voting Rights Act was unconstitutional. As a result, states with a history of voting rights violations no longer had to seek federal review to make changes to their voting systems.

In 2021, the Supreme Court weakened Section 2 with its ruling in Brnovich v. Democratic National Committee. Section 2 reads, “No voting qualification or prerequisite to voting or standard, practice, or procedure shall be imposed or applied by any State or political subdivision in a manner which results in a denial or abridgment of the right of any citizen of the United States to vote on account of race or color.” While they did not overturn it, the Court set standards that made it harder to challenge voting laws based on this section.

Where Voting Rights Stand Now

Current voting rights issues commonly relate to voter identification laws and other potential barriers to voting. Over the nation’s history, many states changed their systems to make it easier to vote. Absentee, mail-in, and early voting offer citizens the chance to cast ballots without having to go to a polling place on Election Day. In recent years, though, some states have restricted these methods of voting – sometimes while closing polling places.

Several states also have passed voter ID laws in the 21st century. Supporters say requiring voters to show photo identification is necessary to prevent voter fraud. Opponents say fraud is extremely rare and that these laws make voting harder for poor people and voters of color.

Voting rights advocates fight against restrictions that could disenfranchise protected groups. They may also fight for election reforms, including changes to voting methods, redistricting methods, the electoral college, and more.

Register To Vote

Now that you know more about voting rights, if you are a United States citizen, you can get ready to exercise them. (Some states allow non-citizen residents to vote in local or state elections, too.) All states except North Dakota require voters to register before casting a ballot. The registration deadline varies by state, but according to the Motor Voter Act, it must be no more than 30 days before a federal election. In some states, voters can register during early voting times or even on Election Day.

To register to vote, enter your state or territory at vote.gov. This website will give you information about voter registration in your state, including the ways you can register and the deadline. Usually, you can register online through your state’s Board of Elections website. Other options include registering by mail or in person.

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The Electoral College may not be a school, but learning about it will give you a useful education on United States presidential elections.

The term “Electoral College” refers to the group of people who cast direct votes for the president and vice president of the United States. These positions are not directly chosen by citizens in a popular election. When a voter marks a ballot for a presidential candidate, they are really voting for a slate of electors who pledge to vote for that candidate. The winning slate becomes part of the Electoral College. Learn more about the Electoral College’s history, how it works, and how it affects U.S. politics below.

History of the Electoral College

When the Founding Fathers drafted the U.S. Constitution, some proposed that Congress elect the President. Most delegates to the Constitutional Convention eventually rejected this idea because it could violate the separation of powers between government branches. Others suggested a direct election by qualified citizens, but some delegates were concerned that citizens would be too uninformed or too likely to be swayed by populism. Delegates from slave states also objected that this would give them less influence.

When delegates decided on Congressional representation, they came to the Three-Fifths Compromise. Three-fifths of a state’s slave population would count for the apportionment of representatives. The Founders then agreed that each state would be allocated electors based on their Congressional representation. These electors would be elected by citizens and meet to vote for the president. In the case of a tie, the House of Representatives would decide the winner, with each state contingent getting one vote.

At first, electors cast votes for two presidential candidates. The candidate receiving the most votes became President and the runner-up became Vice President. After a contentious election in 1800, Congress proposed the 12th Amendment to the Constitution, which requires electors to cast separate presidential and vice presidential ballots.

Many state legislatures chose electors in the first several presidential elections. By 1832, all states except South Carolina had switched to a popular election by citizens. South Carolina’s legislature continued to choose its electors until 1860.

How Does the Electoral College Work?

The Electoral College has the simple task of meeting and voting every four years. However, it is part of a larger, more complicated process.

The Allocation of Electoral Votes

Each state is allocated a number of presidential electors equal to the size of its Congressional delegation. That’s the number of members of the Senate — two for each state — and the House of Representatives combined.

Currently, there are 538 electors in the Electoral College. This includes 535 from the 50 states and three from Washington, D.C., which does not have voting representation in Congress but is still allocated presidential electors. Presidential electors are reallocated every ten years based on the U.S. Census population counts. The total number of electors has grown over time but has not changed since 1964.

To win the presidency, a candidate must receive an absolute majority of electoral votes, which is 270. All but two states allocate all of their electors to the statewide winner of the popular vote. Maine and Nebraska each allocate two electors this way, and they allocate the rest according to the popular vote in each Congressional district. The winner in Washington, D.C. is assigned all three of its electors.

The Role of Presidential Electors

Under the Constitution, electors cannot be members of Congress or hold federal office. Otherwise, elector selection is left up to the states. In most states, each political party nominates a slate of electors at its state convention. In others, each state party committee chooses its electors.

The Constitution does not require electors to vote for the winner of their state’s popular vote, though some states do. Still, “faithless electors” who do not vote for their pledged candidate are rare. There have been only 165 faithless electors in American history, including 71 whose candidates died before the votes were cast.

When the United States first began, electors did not pledge to vote for any candidate. The Founders intended for them to decide based on the will of the people. Over time, more electors began pledging their support for presidential candidates. This became a standard part of the process by the mid-19th century. By the 20th century, most presidential ballots featured the candidate’s name. Electors still appear on the ballot underneath their presidential candidates in a few states, but most states now only list the candidates themselves.

Certifying the Presidential Election

After the election results are counted, each state performs a canvass where they double-check the results. They then certify their elections, determining which electors will be part of the Electoral College.

Each state’s members of the Electoral College meet on the first Monday after the second Wednesday in December. From their own states, they cast their electoral votes for President and Vice President. They send these votes to Congress, which meets on January 6 to count them.

Electoral College Criticisms and Controversy

The Electoral College has drawn its share of criticism and controversy.

Popular Vote vs. Electoral College Votes

It is possible for a candidate to win the Electoral College without winning the popular vote. This has happened in four elections in American history – 1876, 1888, 2000, and 2016.

Lowers Turnout

Critics of the Electoral College argue that its winner-take-all nature lowers voter turnout. Voters in strong “red” (Republican) or “blue” (Democratic) states may not show up to the polls if they don’t believe their presidential vote will count.

This also could hide any disenfranchisement within states. If a state makes it harder for a group of people to vote, this reduces turnout for that group but does not affect the overall electoral vote count.

Unequal Voting Power and Influence

The apportionment of presidential electors favors smaller states, which have a proportionally larger share of the electoral vote than larger states. Candidates also tend to campaign almost entirely in “swing” states that could swing one way or the other in the election.

Supporters argue that the Electoral College balances the interests of rural, less populous states and more populous urban ones. It also limits the amount of money spent on presidential elections by focusing campaigns on a few key states.

No Votes For U.S. Territories

Residents of U.S. territories cannot vote for President of the United States. This includes the four million residents of American Samoa, Guam, Puerto Rico, the Northern Mariana Islands, and the U.S. Virgin Islands. Individuals living in these territories do not have voting representation in Congress or the Electoral College.

Disadvantages Third Parties

Smaller political parties are unlikely to make a meaningful challenge for President in a winner-take-all system. The last time a third party claimed any electors was in 1968, when George Wallace won five states and 46 electoral votes.

Faithless Electors

Faithless electors are those who do not vote for their pledged candidate. They’re rare, and have never changed the outcome of a presidential election. However, this remains a possibility.

The 2020 Election

After the 2020 election, vote counts showed that presidential candidate Joe Biden would win a majority of electoral votes. Incumbent President Donald Trump and his legal team planned to convince several states to certify “alternate” slates of electors pledged to Trump. None of these states certified the alternate slates. In some states, they met anyway and signed documents with illegitimate electoral votes. This did not affect the Congressional certification, even when rioters broke into the Capitol building on January 6, 2021, to try to change it.

Efforts to Reform the Electoral College

There have been more than 700 proposals introduced to remove or reform the Electoral College. Learn more about some of the most notable attempts below.

Bayh-Cellar Amendment

In the 1968 election, Richard Nixon received 301 electoral votes to Hubert Humphrey’s 191. Nixon’s margin of victory in the popular vote was much narrower – 43.5% to 42.9%. This led the U.S. House of Representatives to approve an amendment to abolish the Electoral College in 1969. The Bayh-Celler Amendment, proposed by Sen. Birch Bayh and Rep. Emanuel Celler, would have set up a two-round system. The winner of the national popular vote would win the election if they received more than 40% of the vote. If multiple candidates hit that threshold, the winner would be decided in a runoff election.

Some lawmakers from Southern and smaller states opposed the amendment, saying it would cause their states to lose influence. When the Senate debated the amendment, opponents began a filibuster – a delay tactic to prevent a vote. Supporters did not have enough votes to break the filibuster, and the proposal never passed.

Carter Proposal

In 1977, President Jimmy Carter sent a letter to Congress with several proposed election reforms. These included a Constitutional amendment for the direct election of the president. The Senate debated such an amendment but, once again, failed to pass it after a filibuster.

National Popular Vote Interstate Compact

The National Popular Vote Interstate Compact (NPVIC) is an agreement that participating states will allocate all of their electoral votes to the popular vote winner. It will come into effect only when enough states adopt it for a total of 270 electoral votes – the majority needed to win a presidential election. As of May 2024, 17 states and Washington, D.C., have adopted the NPVIC, totaling 209 electoral votes.

14th Amendment Litigation

In 2018, lawsuits were filed in four states – California, Texas, Massachusetts, and South Carolina – challenging the constitutionality of the Electoral College. The nonprofit group Equal Citizens argued that a winner-take-all allocation of presidential electors violates the Equal Protection Clause of the 14th Amendment. The lawsuits were unsuccessful.

Get Started With Plural

As the 2024 election nears, understanding the Electoral College is especially crucial. At Plural, we’re committed to helping public policy teams, advocates, and citizens alike understand government and legislation. Create a free account today to:

• Search legislative data from 53 US jurisdictions: 50 states, Washington, D.C., Puerto Rico, and U.S. Congress
• See comprehensive bill details, state-specific data, and legislator information
• Easily track bills and never miss an update
• Receive daily updates on the bills you’re monitoring

More Resources for Public Policy Teams