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ABA Online Conversations: Law, Diversity & The Vote: Voting: Registration




 
Online Conversation: Law Diversity & the Vote

Voting
Registration

Use these links to navigate the Voting: Registration section. Links for navigating the entire voting section, as well as the rest of the Law, Diversity and the Vote site are at the bottom of the page.

What's Involved | Voting Fraud | Registration Discrimination | Reform | Why Reform?
Motor Voter & Voting Rates | Will Reforms Increase Turnout?

YOU Vote! | Some Stats | Resources/Links for This Section


What's Involved
Throughout history, voting has been viewed as a civic duty and a privilege. Just as you take the initiative to get a driving license, you take the initiative to vote. In this country, we first show our initiative by registering to vote.

North Dakota is the only state that doesn’t require people to register to vote. Other states require voters to live within that state before they may vote, but the amount of time varies. Some states require voters to live there for 30 days, while others only require you to prove you live in the state. No state allows people in mental hospitals to vote. All states deny the vote to convicted felons (except people who committed crimes before they were 18). Some states deny the vote to the homeless. Certain constitutional amendments guarantee certain voting rights.

  • 15th Amendment (1870): No state may deny a person the right to vote because of his/her race.
  • 17th Amendment (1913): Any person who votes in state elections may also vote in federal elections.
  • 19th Amendment (1920): No state may deny a person the right to vote because of his or her sex.
  • 26th Amendment (1971): No state may deny the right to vote to a person who is at least 18 year old.

You may find out exactly how to register to vote and what is required in your state by checking out your state’s Office of Elections.

Voting Fraud
Voter registration laws were first passed in the late nineteenth century, in part, to clean up elections and to prevent voting fraud. People would vote more than once in the same election, vote in places where they didn’t live, and increase votes for a particular candidate by voting under the names of people who had died. Voting fraud existed well into the twentieth century. For example, in 1994, the assassin of Mexican presidential candidate Luis Donaldo Colosio twice registered to vote in Los Angeles County. When the Justice Department was asked to investigate the problem of non-citizens voting, it claimed that “There is no constitutional requirement nor federal law that requires citizenship to vote in federal elections.” The ambiguity was corrected by an amendment in an immigration-reform bill (1996).

The law now clearly states that felons and non-citizens may not vote in the U.S. But as late as 1996, The Fair Elections Group maintained it had found voters whose addresses were vacant lots and who were children, cats, and dogs.

Registration Discrimination
Historically, until the 1970s, voter registration laws in the South were designed to prevent minorities, immigrants, and poor whites from voting. Southern states established literacy tests, poll taxes, and subjectively administered “good character” reviews, to prevent these groups of people from voting. These discriminatory voter registration laws were part of a network of laws called “Jim Crow” laws, which codified racial segregation in the South and Southwest and eventually reached into every aspect of life.

Beginning in 1964, Congress outlawed registration laws that discriminated against minorities, immigrants, and the poor. The 24th Amendment (1964), outlawed charging people money to vote (called a “poll tax”) in presidential or congressional elections. In 1965, Congress enacted the Voting Rights Act. Often called the most effective civil rights law ever enacted, the Voting Rights Act of 1965 outlawed the worst Jim Crow laws. Later congressional amendments and Supreme Court decisions outlawed the rest.

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