Malcolm Rivera
The right to vote in the United States has evolved significantly since the Constitution came into effect in 1789. Initially, the Constitution did not define voting eligibility, leaving it to individual states to determine who could vote, resulting in variations across the nation. Generally, states limited the right to vote to property-owning or tax-paying white males, but some states, like New Jersey, allowed free Black men and women of any race to vote if they met property or tax requirements. Over time, voting rights expanded, and by the 1860s, most white men without property had gained the right to vote. However, African Americans, women, Native Americans, and citizens aged 18 to 21 had to fight for their voting rights, often facing discriminatory laws and practices that hindered their ability to participate in elections. The passage of amendments like the Fifteenth Amendment, which prohibits denying the right to vote based on race, colour, or previous servitude, and the Nineteenth Amendment, which guarantees women's suffrage, were significant milestones in expanding voting rights in the United States.
| Characteristics | Values |
|---|---|
| Year | 1789 |
| Race | White |
| Gender | Male |
| Property ownership | Property owners |
| Tax payment | Tax-payers |
| Citizenship | Citizens |
| Age | Above 21 |
| Literacy | Literate |
| Religion | No religious restrictions |
| Residence | Residents |
| Criminal history | No felonies |
| Mental capacity | No mental disabilities |
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What You'll Learn
Voting rights for women
The U.S. Constitution, which came into effect on March 9, 1789, did not originally define who was eligible to vote, leaving it to the states to set voting requirements. Consequently, in the early history of the U.S., voting rights for women were determined by individual states, with most states restricting voting rights to property-owning or tax-paying white males. However, some states, like New Jersey, allowed women of both races to vote provided they met the property or tax requirements.
The fight for women's suffrage in the U.S. began in the mid-19th century, with the Seneca Falls convention in 1848 being a pivotal moment. This convention, led by women, kicked off a sustained campaign to secure voting rights for women. Activists like Susan B. Anthony and Elizabeth Cady Stanton played a significant role in this movement, advocating for a Constitutional amendment guaranteeing women's suffrage. Despite facing tensions and obstacles, including a highly publicized trial where Susan B. Anthony was arrested and found guilty for voting in 1872, the movement gained momentum in the late 19th century, with new states and territories, particularly in the West, granting women the right to vote.
The National Woman Suffrage Association (NWSA) and The American Woman Suffrage Association (AWSA) were formed in 1869, advocating for universal suffrage and a Constitutional amendment for women's suffrage, respectively. In 1890, these two organizations merged to form the National American Woman Suffrage Association (NAWSA), which played a crucial role in the ongoing fight for women's voting rights. By 1914, women in eight states had won the right to vote, and the entry of the U.S. into World War I added new urgency to the cause. The contributions of women during the war, such as joining the labor force and taking on roles in nursing and relief work, were highlighted as arguments for their deserving of the vote.
The campaign for women's suffrage faced challenges and setbacks but ultimately culminated in the passage of the 19th Amendment to the U.S. Constitution in 1920. This amendment legally guarantees American women the right to vote, prohibiting the United States and its states from denying the right to vote based on sex. The road to achieving this milestone was long and arduous, with strategies ranging from lecturing, writing, and lobbying to more confrontational tactics such as picketing, silent vigils, and hunger strikes. The amendment's passage marked a significant step towards gender equality in the U.S., changing the face of the American electorate forever.
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Voting rights for African Americans
When the United States Constitution came into effect in 1789, a small number of free Black men were among the voting citizens in some states. However, the Constitution did not define who was eligible to vote, leaving each state to determine the eligibility criteria. Consequently, most states restricted voting rights to white male adult property owners or taxpayers, effectively disenfranchising African Americans and other racial minorities.
The Fourteenth Amendment to the Constitution, ratified in 1868, granted African Americans citizenship rights, but this did not guarantee their right to vote. The Fifteenth Amendment, passed in 1870, was intended to secure voting rights for African Americans, but states still found ways to prevent Black men from casting their ballots. One such method was the introduction of literacy tests, which disproportionately affected African Americans, as they were less likely to be literate than white citizens. Even if Black voters passed these tests, they were often threatened or attacked to discourage them from voting.
In some states, discriminatory voting practices extended beyond literacy tests. For example, in Alabama, the 1901 constitution restricted the franchise for both poor whites and African Americans. Additionally, selective enforcement of poll taxes further disenfranchised Black and poor white voters. As a result of these measures, voter rolls in Southern states experienced a significant decline, and African Americans and poor whites were excluded from the political process for decades.
It wasn't until 1965 that the path to voting was finally cleared for African Americans with the passage of the federal Voting Rights Act. Signed into law by President Lyndon B. Johnson, this legislation aimed to protect the voting rights of African Americans and other minority groups who had historically been denied their right to vote. The Act banned racial discrimination in voting, including the use of literacy tests, and led to a significant increase in the number of minority elected officials in local governments.
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Voting rights for Native Americans
The original U.S. Constitution did not define who was eligible to vote, leaving it up to individual states to set voting requirements. This led to a situation where only white male adult property owners could vote in some states, while others allowed voting regardless of race, as long as the men were property owners. Women were largely prohibited from voting, except in some local jurisdictions in northern states, and in New Jersey until 1807.
Native Americans have faced centuries of struggle to acquire full U.S. citizenship and legal protection of their voting rights. In 1924, the Indian Citizenship Act, also called the Snyder Act, was passed by Congress, granting Native Americans born in the U.S. full citizenship. However, this did not automatically confer the right to vote, and Native Americans continued to be disenfranchised by many states for decades afterward. Some states argued that Native Americans living on reservations weren't qualified to vote because they didn't pay state taxes or because they were considered wards of the federal government.
It wasn't until 1948 that the Arizona Supreme Court recognized the legal right of Native Americans to vote. In 1957, Utah became the last state to remove its laws denying Native Americans the right to vote. Even after this, states continued to suppress Native American votes through discriminatory practices like literacy tests. The Voting Rights Act of 1965 finally provided a framework to enforce voters' rights and address exclusionary practices that denied citizens the right to vote.
Despite these advancements, Native Americans continue to face obstacles to fully exercising their franchise. A 2020 report, "Obstacles at Every Turn: Barriers to Political Participation Faced by Native American Voters," details how Native Americans face barriers at every stage of the electoral process, from registering to vote to having their votes counted. Voter suppression laws enacted in recent years, fueled by false claims of widespread voter fraud, have further disproportionately impacted Native American voters, making it more difficult to vote by mail or early voting, and imposing stricter voter ID requirements.
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Voting rights for felons
The U.S. Constitution, which came into effect on March 9, 1789, did not originally define who was eligible to vote, leaving each state to determine voter eligibility. Consequently, early voting rights in the U.S. varied across states, with some allowing only white male adult property owners to vote, while others did not specify race or protected the rights of men of any race to vote. Women were largely prohibited from voting, except in some jurisdictions in northern states, such as New Jersey until 1807, provided they met property requirements.
Similarly, the voting rights of felons vary across states today. In some states, felons can vote while in prison, while others require the completion of sentences, including parole and probation, and the repayment of fines or restitution. For instance, in Alabama, Alaska, Arkansas, Arizona, Florida, Delaware, Kentucky, Mississippi, Tennessee, and Wyoming, voting rights restoration depends on the conviction type, repayment of fines, individual petitions, or gubernatorial pardons.
In California, individuals with a prior felony conviction must finish serving their term and register online or through a paper voter registration card to restore their voting rights. However, those housed in local detention facilities under agreements with the California Department of Corrections and Rehabilitation (CDCR) or awaiting transfer to a state or federal prison are not allowed to register and vote.
While the U.S. Constitution does not explicitly grant citizens the right to vote, it does state that anyone eligible to vote for the largest house of a state's legislature is also eligible to vote for members of the House of Representatives from that state. This has resulted in a variability of voting rights across states, with some allowing felons to vote while others do not.
Up to 19 million Americans with past convictions may be eligible to vote but may be unaware due to confusing felony disenfranchisement laws. Organizations like the Campaign Legal Center have developed tools to help individuals understand their voting rights by state.
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Voting rights for non-citizens
The original U.S. Constitution did not define who was eligible to vote, leaving it up to each state to determine voter eligibility. This led to significant variations, with some states restricting voting rights to white male adult property owners, while others did not specify race or protected the voting rights of men of any race. Free Blacks could vote in some jurisdictions if they met the property requirements, which were set quite low in New Jersey. However, the Naturalization Act of 1790 limited citizenship to "free white persons," effectively restricting the vote to white male property owners.
Over time, constitutional amendments and federal laws expanded voting rights to include African Americans, women, Native Americans, and citizens aged 18 to 21. Despite these advancements, voting rights for non-citizens in the United States remain limited. Non-citizens, including permanent legal residents, generally cannot vote in federal, state, and most local elections. However, there are some exceptions, as highlighted below.
In 1992, the City of Takoma Park, Maryland, became the first municipality to restore noncitizen voting rights in local elections. The city argued that Maryland's constitution delegates the power to determine suffrage qualifications for municipal elections to municipalities, and that citizenship is an irrelevant qualification when voting for local officials dealing with local responsibilities. This precedent has since been followed by other municipalities, such as San Francisco, which passed Proposition N in 2016, allowing non-citizen parents of children residing in the city to vote in Board of Education elections.
While these developments expand voting rights for non-citizens in local elections, it is important to note that U.S. citizenship is still a requirement for voting in federal and state elections, and most local elections across the country. The expansion of voting rights to non-citizens remains a contentious issue, with varying opinions and legal interpretations across different states and municipalities.
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Frequently asked questions
The US Constitution did not originally define who was eligible to vote, allowing each state to determine who was eligible. However, it generally limited this right to property-owning or tax-paying white males.
No, women were largely prohibited from voting. However, in some local jurisdictions in certain northern states, such as New Jersey until 1807, women could vote if they met the property requirement.
A small number of free Blacks were among the voting citizens in some states. However, they were often subject to additional requirements, such as property ownership or paying a poll tax. Despite the Fifteenth Amendment prohibiting states from denying the right to vote based on race, African Americans continued to face barriers to voting through discriminatory laws and practices.
Native Americans were ruled non-citizens and ineligible to vote by the Supreme Court of the United States. They faced significant challenges and a long struggle before acquiring full citizenship and legal protection of their voting rights.
U.S. citizens living outside of the country, including those who were born abroad and have never lived in the United States, can vote in federal elections. Their eligibility is based on the state where their parents last lived or were registered to vote.
