Voter Suppression: The Battle for the Ballot

Know: Gaining Knowledge

Introduction

Imagine you were alive in 1788, the year that the U.S. Constitution was ratified and American democracy was born. You would only need to reach voting age, and then you could finally have a say in your government - right? 

Explanation

Probably not. Voting rights have expanded over the past centuries. Now, it’s commonly believed that every citizen can make their voice heard in the electoral process. However, this is not always true. A variety of laws make it hard and sometimes impossible to vote in local, state, and federal elections. These laws perpetuate what is often called voter suppression.

Voter Suppression

Voter suppression refers to any measure that makes it more difficult for a certain group of eligible voters to cast their ballots. Often, these measures are justified as necessary to prevent voter fraud, or instances where a ballot is cast illegally by an ineligible voter or someone impersonating a voter at the polls. However, these tactics are often used to discourage certain people from voting altogether, and ultimately change the election outcome. 

History

When it was first ratified, the United States Constitution did not specify voting eligibility, and states were left to define who was allowed to cast a ballot. As a result, the early elections were only open to white men who owned property or paid taxes. This fundamentally suppressed groups like women, enslaved peoples, people of color, and low-income Americans. 

Over time, voting rights expanded, largely as a result of the 15th Amendment to the Constitution, which allowed African American men to vote, and the 19th Amendment, which allowed women to vote. However, many legislators and policymakers felt threatened by these new voting demographics. New measures were passed to restrict access to the ballot, especially in southern states, where there were large populations of African American voters.

Some of the most common and effective measures were the use of poll taxes and literacy tests. A poll tax required prospective voters to pay a fee in order to receive a ballot. This method was commonly used from the late 1800s until 1964, when the 24th Amendment officially ended the practice. A literacy test is a reading-based test seemingly designed to measure whether a prospective voter is literate enough to cast an educated vote. These tests were often administered by highly biased judges that failed nearly every African American who took the test, including some who were college-educated. The Voting Rights Act of 1964 prohibited such testing in certain places and extended this prohibition to the entire country in 1970.

How it Works

There are, however, some forms of voter suppression that still occur. The American Civil Liberties Union, or ACLU, lists five “rampant methods” that happen today:

 

  • Voter ID Laws. These laws require voters to show identification at the polls, such as a driver’s license or passport. Usually, the identification must include a photo and be issued by the government. Millions of Americans cannot afford the costs associated with the process of getting an ID card, and they are then unable to cast their vote.
  • Voter Registration Restrictions. These laws add extra regulations for voter registration, including forcing potential voters to prove their citizenship and restricting the amount of time voters have to register before an election. This can significantly decrease voter turnout.
  • Voter Purges. “Purges” occur when states or localities remove mass amounts of voters from their lists. This happens routinely when voters die or move out of state; however, often even voters that are eligible are removed due to incorrect information or for reasons such as not voting in previous elections. These individuals usually don’t even know they have been deemed ineligible until they arrive at the polls and are turned away.
  • Felony Disenfranchisement. Many states take an individual’s voting rights away, a process called disenfranchisement, when they have sustained a felony conviction. These individuals may be unable to vote while imprisoned or even for the rest of their life, depending on state laws.
  • Gerrymandering. This is a process by which elected officials are able to essentially choose their voters by drawing the lines of legislative districts in ways that advantage themselves or disadvantage other groups. For example, one party’s official may draw a legislative district around an area that includes high numbers of the other party’s voters. Doing so contains opposition to one place and leaves surrounding districts with lower numbers of these voters, assuring the official’s victory in future elections. Gerrymandering is generally racial or partisan in nature, meaning that district lines are drawn to advantage or disadvantage certain racial groups or voters of a particular party. 

So What?

We can all advocate for policies that ensure every citizen is able to vote. Allowing for voter registration forms to be filled out online or on the same day as an election makes the process much easier. Putting pressure on legislators to limit the use of voter ID laws, implement restrictions on voter purging, and use independent or non-partisan commissions to draw state lines are all strategies to combat voter suppression and make sure that everyone has the opportunity to make their voice heard.

Check Comprehension

  1. Why did legislators and policymakers restrict access to the ballot as new amendments, like the 15th and 19th, were added to the Constitution?
  2. Why is it unfair to ask voters to pay money in order to vote?
  3. Who is most targeted by policies that suppress voters?

Learn More

  1. “Vote Suppression.” Brennan Center for Justice, www.brennancenter.org/issues/ensure-every-american-can-vote/vote-suppression
  2. “Fighting Voter Suppression.” ACLU, https://www.aclu.org/issues/voting-rights/fighting-voter-suppression.
  3. Abrams, Stacey et al. Voter Suppression in U.S. Elections, edited by Jim Downs, University of Georgia Press, 2020.

Care: Developing Connections

Think Further

  1. How is voter suppression a self-reinforcing cycle? In other words, why does it keep happening?
  2. Think about the motivations of elected officials in power. Why might voter suppression be a difficult problem to combat through policy changes?
  3. What can you do to make sure your vote is counted?

See Applications

Group Research: Give student groups 10-15 minutes to look up what voter suppression policies their specific state may or may not use. Make a list of notable policies on the board for the whole class. Have groups discuss why each policy may be a form of voter suppression and who is most vulnerable. Some policies to look in include 

Act: Building Skills

Practice Leadership

Write a Letter: Instruct students to write a letter to the government (state or federal) about voter suppression. Students should address the following: 
  • What voter suppression is
  • Why voter suppression is unfair/undesirable
  • One specific policy that can suppress voters and an explanation of how the policy works, the problem it presents, and a potential solution or policy change that could be made to make voting more accessible
Plan for Combatting Voter Suppression
Uh oh! You are a member of your local board of elections and you’ve seen the wave of voter suppression bills being passed around the country and the failed bills in Congress to protect voting rights. You want to make sure that the upcoming election is as free and fair as possible for members of your district, so you have to enact new rules that will combat voter suppression. 
Why Are We Doing This? Some common forms of voter suppression include: uneven distribution of polling places, not enough convenient ballot drop boxes, voters being dropped from voter rolls, complicated rules for voting by mail, restricted or no early voting, drawing districts that benefit one party (gerrymandering), strict voter ID laws, complicated voter registration processes, among others. Voter suppression tactics have been increasing in the past several years since the Supreme Court struck down parts of the Voting Rights Act in 2013 and Congress has yet to pass new voter protections. 
Steps
  1. Conduct some research on voter suppression, what it looks like, where it’s most common, who is most affected by it, who benefits from it, etc. Also, look up what’s been going on recently in relation to voter suppression and voting rights. What are some recent laws/efforts that are thought to restrict voting? What is being done to protect the right to vote? 
  2. Next, craft your plan. Think about: 
    • Which types of voter suppression are most important to tackle? 
    • What do you think are the main barriers to voting in your community? 
    • How will you ensure voting is as easy and convenient as possible? 
    • How will you ensure that registering to vote is as easy and convenient as possible? 
    • Who will be in charge of making election laws in your area? 
    • Will voters have a system for reporting issues? What would that look like?  
    • How will you make sure that voters are informed about their rights? The election process? The candidates? 
  3. Think through the possible objections to your plan and how you would respond to them .  
  4. Share with the group and see if you can convince them that your plan will help solve the issue of voter suppression.