Simone Lawson
The right to vote is a fundamental aspect of any democratic society, and it is essential to ensure that this right is protected and accessible to all eligible citizens. In the United States, the Fifteenth Amendment to the Constitution explicitly states that the right to vote shall not be denied or abridged based on race, color, or previous conditions of servitude. However, the question of whether it is constitutional to require citizens to pay a fee to vote has been a contentious issue. While federal law prohibits anyone from paying or accepting payment for registering to vote or casting a ballot, several states have come under scrutiny for imposing various forms of poll taxes or requiring the payment of fines and fees as a condition for voting, which disproportionately impacts people of color and those with felony convictions. These practices have been deemed discriminatory and reminiscent of the restrictions imposed during the Jim Crow era, sparking debates and legal challenges over voting rights and equal access.
Characteristics of paying a fee to vote in the US
| Characteristics | Values |
|---|---|
| Is it constitutional? | No, federal law prohibits payments for registering to vote or voting. |
| Exceptions | It is lawful to give something of value, such as a ride to the polls or paid time off, to someone who is planning to vote. |
| State-specific rules | Each state sets its own voter ID rules. In several states, poll tax persists, banning people who have failed to pay fines and fees from voting. |
| Punishment | Violation of the federal law may result in a fine, imprisonment, or both. |
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What You'll Learn
Poll tax
The history of the poll tax in the United States is closely tied to voter suppression, particularly targeting African Americans and other racial minorities. Southern states, seeking to restrict the voting rights of African Americans after the enactment of the Fifteenth Amendment, implemented poll tax laws as a device to achieve this. The tax disproportionately affected impoverished voters and minorities, acting as a barrier to voting due to the financial burden it imposed. In some states, such as Texas, the poll tax was between $1.50 and $1.75, which was considered a significant amount of money at the time, making it challenging for working-class and poor individuals to vote.
The poll tax was also used in combination with literacy tests and extra-legal intimidation tactics, further disenfranchising Asian Americans, Native Americans, and poor whites, in addition to African Americans. In 1937, the United States Supreme Court ruled in Breedlove v. Suttles that the poll tax as a prerequisite for voter registration was constitutional. However, this decision was later overturned by the Twenty-fourth Amendment and subsequent legislation.
Outside of the United States, the poll tax has been implemented in various forms throughout history. For example, in Islamic law, the jizya tax is imposed on non-believers living under Islamic rule, which has been interpreted differently by scholars. While some view it as a financial burden, others see it as a sign of allegiance and a grantor of equal rights and protection under Islamic law. In medieval England, a poll tax was levied, which was a contributing factor to the Peasants' Revolt of 1381.
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Voter suppression
In the United States, the right to vote is protected by the Constitution, which states that "The right of citizens of the United States to vote shall not be denied or abridged by the United States or any State on account of race, color, or previous condition of servitude." Despite this, voter suppression remains a significant issue, with various measures being implemented to make it harder for certain individuals or groups to vote.
One common form of voter suppression is the imposition of strict voter ID laws, which require voters to present specific forms of identification in order to cast their ballot. Such laws disproportionately impact young, elderly, lower-income, and minority voters, who are less likely to possess the required forms of identification. Additionally, the process of voter registration itself can create barriers, particularly for those who move frequently or are new to the system, as it adds an extra step to the voting process. Aggressive purges of voter rolls, or the removal of names from registration lists, can also result in eligible voters being disenfranchised.
Another tactic used in voter suppression is the reduction of polling place hours, particularly in communities of color, and the elimination of early voting opportunities. This can lead to longer wait times and lower voter turnout. Furthermore, requiring individuals to travel long distances to reach polling stations or forcing them to vote in person instead of by mail can also suppress voter participation.
In the past, more explicit forms of voter suppression were prevalent, such as poll taxes and literacy tests, which were used to prevent Black and poor voters from participating in elections. While these practices have been abolished, their legacy persists, and modern voter suppression tactics continue to disproportionately impact marginalized communities.
To address these issues, organizations like the Brennan Center for Justice and the League of Women Voters are actively working to protect voting rights and ensure equal access to the polls. They advocate for legislation such as the John R. Lewis Voting Rights Advancement Act, which aims to restore the protections of the Voting Rights Act of 1965, and the Freedom to Vote Act, which seeks to end partisan gerrymandering and strengthen the electoral process.
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Voting rights restoration
Federal law prohibits anyone from knowingly or willfully paying or offering to pay or accept payment for registering to vote or voting. This law was enacted to effectively extend voting rights to all citizens, enforce the 15th Amendment, and end voter discrimination. The 15th Amendment to the United States Constitution states that "The right of citizens of the United States to vote shall not be denied or abridged by the United States or any State on account of race, color, or previous condition of servitude."
Despite this, several states have a form of poll tax that bans people who have failed to pay fines and fees from voting. This form of voter suppression is discriminatory and disproportionately harms people of color. In 1890, Mississippi held a state constitutional convention with the explicit purpose of excluding Black citizens from voting by imposing restrictions such as poll taxes and literacy tests, which had the effect of disenfranchising a significant proportion of Black voters.
Efforts to abolish these discriminatory limitations on voting have gained traction, with the American Bar Association (ABA) taking a stand against conditioning the right to vote on payment of fines and fees. For example, in Florida, Amendment 4 passed with 64.55% of the vote, allowing for the automatic restoration of voting rights upon completion of all terms of an individual's sentence, including probation and parole. However, state lawmakers subsequently introduced legislation requiring individuals to pay all fines and fees owed to the courts before becoming eligible to vote.
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Federal law prohibiting payments for voting
Federal laws govern voting rights in the US, and no one is required by law to vote in any local, state, or presidential election. Federal law prohibits anyone from knowingly or willfully paying, offering to pay, or accepting payment for registering to vote or casting a ballot (42 USC § 1973i(c)). This applies to primaries and elections with candidates for the office of president, vice president, presidential elector, or member of Congress.
The legislative history of this law and its amendments discuss the rationale for banning interference with voter registration or voting through coercion and intimidation. Many court cases have dealt with vote-buying, but only one includes discussion of the distinction between facilitating and enticing a person's vote. The 7th Circuit Court of Appeals includes dicta in a case involving voter registration, describing a benefit the court does not consider a violation. The statute uses the word "pay" and does not prohibit assistance rendered by civic groups to prospective voters.
Federal law also prohibits any person acting under the color of law from intimidating, threatening, or coercing any person for voting or attempting to vote. It is illegal to give false information about one's name, address, or period of residence in the voting district to establish eligibility to register or vote. Violation of these laws can result in fines of up to $10,000 or imprisonment of up to five years, or both.
Additionally, federal laws place limits on campaign contributions to candidates for president and Congress, and expenditures made to influence voting are regulated. These laws help protect voting rights and ensure a fair election process.
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Voter ID rules
In the United States, each state sets its own voter ID rules, and most require voters to present identification at the polls. Voter ID laws change frequently, and there are ongoing debates and lawsuits regarding their constitutionality. Military and overseas voters who vote by absentee ballot under the federal Uniformed and Overseas Citizen Absentee Voting Act (UOCAVA) are exempt from all voter ID requirements. Elderly and disabled voters are exempt from federal first-time voter ID requirements but may still need to comply with state voter ID laws.
Some states with new photo identification requirements were initially required to obtain federal preclearance before enacting these laws, due to the Voting Rights Act of 1965. However, in the 2013 Shelby County v. Holder case, the United States Supreme Court struck down the formula used to determine which states needed preclearance, allowing voter ID laws to take effect immediately in those states. Federal courts have since overturned voter ID laws in several states, including Ohio, Texas, North Carolina, and Wisconsin, due to their discriminatory impact on racial minorities.
In some states, such as Indiana, voters are required to show a photo ID before casting their ballots. This has been challenged in court, with civil rights groups arguing that it imposes an undue burden on certain groups of voters. The Supreme Court upheld the law in 2008, leading to the expansion of similar ID laws in other states. However, in the 2018 Fish v. Kobach case, a federal court ruled that Kansas' proof-of-citizenship law was unconstitutional, as the state could not demonstrate any meaningful illegal noncitizen voting that would justify the burden on young voters and those without a political party.
While poll taxes, which required voters to pay a fee, have been abolished, some states continue to impose restrictions that effectively suppress the right to vote based on the payment of fines and fees. These modern forms of poll taxes have been deemed discriminatory, particularly towards people of color, and efforts are underway to abolish them.
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Frequently asked questions
No, it is not constitutional to pay a fee to vote in the US. Federal law prohibits anyone from knowingly or willfully paying or offering to pay or accept payment for registering to vote or voting. This includes primaries and elections with candidates for president, vice president, presidential electors, or members of Congress.
The history of paying fees to vote in the US, also known as poll taxes, has been used as a form of voter suppression, particularly targeting people of color. In 1890, Mississippi held a state constitutional convention with the explicit purpose of excluding Black citizens from voting. While they could not outright ban Black citizens from voting, they implemented restrictions such as poll taxes, which required voters to pay for two years before the election, and literacy tests, which automatically excluded Black voting-age men who could not read. Eventually, 11 southern states imposed some form of poll tax on residents.
Yes, according to Craig Donsanto of the U.S. Department of Justice's Public Integrity Section of the Election Crimes Branch, it is lawful to give something of value, such as a ride to the polls or paid time off from work, to someone who is planning to vote. This does not violate the statute prohibiting payments for voting.
Each state in the US has its own voter ID rules, and most require voters to bring identification to vote in person. Federal laws also govern voting rights and put limits on campaign contributions to candidates for president and Congress.
