Talking Points Voting Rights The Facts 1. When the U.S. Constitution was ratified 200 years ago, the electorate included only a small portion of the total adult population. Since then, the right to vote has steadily been expanded. Eight of the 16 amendments to the Constitution adopted since the Bill of Rights have involved voting rights. 2. The Fifteenth Amendment (1870) stated that one's right to vote may not be denied on account of race, color or having been a slave; the Nineteenth (1920) extended the vote to women; the Twenty Fourth (1964) barred poll taxes in federal elections; and the Twenty Sixth (1971) extended the vote to eighteen-year-olds. 3. Despite constitutional guarantees, other restraints kept minorities from voting. By 1940 only three percent of Southern blacks of voting age were registered. Now, protective laws bar poll tests, mandate bilingual assistance where needed and prohibit the government from making policies that dilute the proportional representation of a racial or ethnic group. By 1992, 54 percent of Southern blacks of voting age voted -- a proportion almost exactly that of the national average. 4. The Supreme Court decision in Westberry v. Sanders, 376 U.S. 1 (1964) required states to draw congressional districts that are as equal in population as possible, ensuring proportional representation. 5. In 1982, the Voting Rights Act established a "results test," which outlawed drawing of voting district lines that resulted in discrimination against a specific group, whether or not discrimination was intended. 6. Many states have laws helping persons with disabilities, the homeless and others to vote. 7. The National Voter Registration Act ("Motor Voter Act") of 1994 requires states to streamline voter registration by allowing registration for federal elections by mail and at state drivers license facilities. 8. The 1992 presidential election showed the highest voter turnout since 1972. Yet only 55 percent of Americans of voting age (104,405,155 voters) cast ballots. And only 38 percent (73,152,131 voters) voted in the 1994 congressional elections. 9. The state of Minnesota traditionally has had the highest voter turnout: 72% of voting-age Minnesotans voted in the 1992 Presidential election; 53% voted in 1994. Discussion Questions Should homeless people be registered to vote? In areas where the ethnic make-up of the population is rapidly shifting, such as Florida, how can fair proportional representation be maintained? Should race alone be considered in achieving fairly drawn voting districts? Might that discriminate unfairly against other groups, such as senior citizens? Should redistricting be based on total population or on registered voters? Claiming that the Motor Voter Act unconstitutionally requires states to carry out a federal responsibility, several states have sued in U.S. Federal District Court. Does the federal government have the right to mandate state voter registration mechanisms? Why don't more Americans vote? Lawyers and Judges | Educate