Isabella Carter
The right to vote in the US is a fundamental political right. Surprisingly, the US Constitution does not explicitly state that citizens have the right to vote in elections. Instead, it gives states the authority to set the qualifications for voting in congressional elections, as well as the authority to set the 'times, places, and manner' of conducting such elections. The Voter Qualifications Clause refers only to elections to the House of Representatives, as state legislatures originally selected Senators. The Seventeenth Amendment, adopted in 1913, has identical voter qualification requirements for Senate elections. While the Constitution grants states authority over voter qualifications, the Supreme Court has also played a role in shaping voting rights through its interpretation of the Constitution and federal laws. The Court has evaluated challenges to voter qualification laws under the Equal Protection Clause and has provided guidance on the interplay between federal and state powers in managing elections. The National Voter Registration Act of 1993 and court rulings have also influenced the determination of voting qualifications.
| Characteristics | Values |
|---|---|
| Who determines voting qualifications | States |
| Congress | |
| Supreme Court | |
| Federal Government | |
| Federal Courts | |
| State Courts |
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What You'll Learn
States decide voter qualifications
The US Constitution grants states the authority to determine voter qualifications for federal, state, and local elections. This power is derived from Article I, Section 2 of the Constitution, the Tenth Amendment, and the Seventeenth Amendment. The Voter Qualifications Clause specifically refers to elections for the House of Representatives, as state legislatures originally selected Senators. However, the Seventeenth Amendment, adopted in 1913, established identical voter qualification requirements for Senate elections.
The Supreme Court has affirmed this interpretation in cases such as Husted v. A. Randolph Inst., where the Court upheld Ohio's process of removing voters based on their change of address. Additionally, in Dunn v. Blumstein, the Court recognised that states have a compelling interest in preventing voter fraud. However, it also emphasised that certain residency requirements may infringe on the fundamental right to vote and the right to travel.
While states have the primary role in setting voter qualifications, Congress can exercise veto power to protect national interests. The Fifteenth, Nineteenth, Twenty-Fourth, and Twenty-Sixth Amendments have also limited states' discretion in setting qualifications based on race, sex, payment of poll taxes, and age, respectively. Furthermore, the Elections Clause grants Congress and the federal government the authority to determine the "Times, Places, and Manner" of congressional elections.
Historically, states varied in their expansion of voting rights, with some states granting voting rights to free Black men and women, while others restricted voting to property-owning or tax-paying white men. This variability persists today, with differences in voting qualifications and restrictions across states, such as the restoration of voting rights for felons. While the US Constitution does not explicitly guarantee a right to vote, it protects voting rights through amendments and civil rights legislation.
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Congress has veto power
The US Constitution did not originally define who was eligible to vote, leaving states to determine eligibility. The Fifteenth, Nineteenth, and Twenty-sixth Amendments, however, require that voting rights cannot be denied or abridged based on race, colour, previous condition of servitude, sex, or age (18 and older). The Twenty-fourth Amendment, ratified in 1964, eliminated poll taxes, which had been used to disenfranchise African Americans. The Voting Rights Act of 1965 prohibited voter discrimination based on race, colour, or membership in a language minority group.
The Constitution grants states the power to set voting requirements, and the authority to set qualifications for voting in congressional elections. This is referred to as the Voter Qualifications Clause, which applies to elections for the House of Representatives. The Seventeenth Amendment, adopted in 1913, has identical voter qualification requirements for Senate elections.
The right to vote is considered a fundamental political right, and states have a legitimate interest in preventing voter fraud. However, states must balance this interest with the right to vote, as seen in Dunn v. Blumstein, where the Court determined that a one-year residency requirement in a state was not necessary to serve a compelling governmental interest.
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Supreme Court rulings
The US Constitution gives states the authority to set the qualifications for voting in congressional elections, as well as the authority to set the 'times, places, and manner' of conducting such elections. This is referred to as the Voter Qualifications Clause, which applies to elections to the House of Representatives. The Seventeenth Amendment, adopted in 1913, has identical voter qualification requirements for Senate elections.
The Supreme Court has ruled that, under the Fourteenth Amendment's Equal Protection Clause, states may require a duration of residency as a qualification to vote. However, such requirements must serve a compelling interest to be deemed constitutional. In Dunn v. Blumstein, the Court determined that a one-year residency requirement in a state and a three-month residency requirement in a county were not necessary to further a compelling governmental interest.
The Supreme Court has also evaluated challenges under the Equal Protection Clause in other contexts. In Evans v. Cornman, the Court determined that a state with general criminal, taxing, and other jurisdiction over residents of a federal enclave within the state could not treat these persons as non-residents for voting purposes. The Court invalidated a state constitutional provision prohibiting members of the military from establishing a voting residence within the state during their service, as it imposed invidious discrimination in violation of the Fourteenth Amendment.
In Salyer Land Co. v. Tulare Water Storage Dist., the Supreme Court upheld a voter qualification permitting only landowners to vote in a water storage district election, as they bore the entire burden of the district's costs. Similarly, in Associated Enters. v. Toltec Watershed Improvement Dist., the Court upheld a voter qualification limiting the franchise to property owners in the creation and maintenance of a watershed improvement district.
In a more recent ruling in 2013, the Supreme Court gave guidance that pointed in two directions: supporting federal power to standardise registration requirements, while inviting states to enforce their own registration rules. In Arizona v. Inter Tribal Council of Arizona, the Court clarified the competing national and state roles under the National Voter Registration Act of 1993 and the Constitution. The case arose from Arizona's "Proposition 200", which imposed a requirement to show an official ID for voter registration due to concerns over illegal immigrants voting. The Court added that states wishing to enforce a voter ID requirement for registration could request the federal Commission to include it on the federal form.
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Equal Protection Clause
The Fourteenth Amendment contains the Equal Protection Clause, which is a fundamental part of the foundation for why all citizens are guaranteed due process and equal treatment under the laws of the land. The Equal Protection Clause establishes that all citizens should be treated equally by the law.
The Supreme Court has determined that, under the Fourteenth Amendment’s Equal Protection Clause, states may require a duration of residency as a qualification to vote. However, such requirements will be deemed unconstitutional unless the state can demonstrate that the requirement is necessary to serve a compelling interest. For example, in Dunn v. Blumstein, the Court determined that a one-year residency requirement in a state and a three-month residency requirement in a county were not necessary to further a compelling governmental interest.
The Equal Protection Clause applies to state specifications of qualifications for elective and appointive office. In the context of voting rights, the Court has evaluated challenges under the Equal Protection Clause to voter qualification laws. For instance, in Evans v. Cornman, the Court held that a state could not treat residents of a federal enclave within the state as nonresidents for voting purposes because these residents have a stake equal to that of other residents of the state.
The Equal Protection Clause also prohibits redistricting maps that dilute and weaken the voting strength of Black and other minority groups. In Bush v. Gore, the Court found that the Florida Supreme Court violated the Equal Protection Clause by failing to identify and mandate uniform standards among counties for counting ballots.
While the Equal Protection Clause guarantees equal treatment under the law, it is important to note that certain factors, such as age or residency requirements, are constitutionally permissible restrictions on voting rights. Additionally, the right to vote is protected by the Equal Protection Clause when a state extends the franchise to some while denying it to others.
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Citizenship and residency
The US Constitution grants states the authority to determine voter qualifications, referred to as "electors" in congressional elections. This includes the power to enforce voter qualifications and obtain information to assess eligibility. While states have the primary role in deciding voter qualifications, Congress also has a veto power in this area to protect national interests.
The Supreme Court has affirmed that states may require a duration of residency as a qualification to vote under the Fourteenth Amendment's Equal Protection Clause. However, such requirements must serve a compelling state interest to be deemed constitutional. For example, in Dunn v. Blumstein, the Court ruled that a one-year state residency requirement and a three-month county residency requirement were not necessary to serve a compelling governmental interest.
In practice, residency requirements vary across states. Some states have specific residency requirements for voting, such as residing in a particular town or county for a certain period. For instance, Colmar Manor requires residency in the town for "182 continuous days" before an individual can register to vote.
Additionally, the Supreme Court has clarified that residents of federal enclaves within a state, over whom the state exercises general jurisdiction, cannot be treated as non-residents for voting purposes. This was affirmed in Evans v. Cornman, where the Court invalidated a state constitutional provision prohibiting members of the military from establishing a voting residence within the state during their service.
While citizenship is a common voting qualification, some states and municipalities have extended voting rights to non-citizens in certain elections. For example, San Francisco passed Proposition N in 2016, allowing non-citizens to vote in school board elections. Similarly, New York City approved legislation in 2021, enabling non-citizens to vote in municipal elections. These expansions of voting rights to non-citizens are based on the argument that local elections often deal with issues like parks, recreation, arts programs, and education, where non-citizens have a stake in the outcomes.
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Frequently asked questions
The US Constitution gives states the authority to set the qualifications for voting in congressional elections.
The US Constitution does not explicitly state that citizens have the right to vote in elections. Instead, it says 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.
The Fifteenth, Nineteenth, Twenty-Fourth, and Twenty-Sixth Amendments limited the states in the setting of qualifications in terms of race, sex, payment of poll taxes, and age.
To vote in federal, state, and local elections, you must be a US citizen, be registered to vote by your state's deadline, and meet the requirements of your state. Some states allow 17-year-olds who will be 18 by Election Day to vote in primaries.
