Eleanor Finch
The Constitution of Georgia has undergone several changes since the drafting of the first formal constitution in 1777. The constitution outlines the eligibility criteria for voting, which includes citizenship, age, residency, and mental competency. Notably, the issue of voting rights for African Americans in Georgia has been a significant aspect of the state's history, with legal challenges and constitutional amendments influencing their ability to participate in elections.
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What You'll Learn
Who is eligible to vote
The Constitution of Georgia has undergone several changes since the first formal draft in 1777. This document made the legislature the most powerful branch, and the governor was forced to rely on an executive council for many decisions. The constitution allowed for an expansive franchise, excluding only the poorest citizens. Notably, in 1777, there was no mention of race as a criterion for voting rights in the Georgian Constitution.
In 1870, Georgia was readmitted to the Union, and by 1872, Democrats had regained control of the state legislature. The post-Civil War Fifteenth Amendment guaranteed citizens of all races the right to vote. However, in practice, only white Georgians could vote in the Democratic Party primaries. This exclusion of African Americans from the democratic process led to a legal challenge in 1944, which argued that the white primary violated the constitutional rights of African Americans.
The 1945 constitution, drafted by a commission appointed by Governor Ellis Arnall, made permanent several changes, including setting the voting age at 18 and introducing a literacy test for voters. This document did not significantly depart from the previous constitution, with 90% of the 1877 constitution's provisions remaining intact.
Today, according to Article Two of the Georgia Constitution, every person who is a citizen of the United States and a resident of Georgia, at least 18 years of age, and not disenfranchised by law, is entitled to vote in any election. However, there are exceptions. Firstly, no person convicted of a felony involving moral turpitude may register or vote unless they have completed their sentence. Secondly, those judicially determined to be mentally incompetent are ineligible to vote unless their disability has been removed.
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Voting rights for African Americans
The history of voting rights for African Americans in Georgia is complex and has evolved over time. Let's take a closer look at the key moments in this struggle for equality.
The state of Georgia has had a long and tumultuous journey when it comes to voting rights for African Americans. The first formal constitution of Georgia, drafted in 1777, did not explicitly address voting rights for African Americans and instead focused on the structure of the government. It established the legislature as the most powerful branch, giving it the power to veto the governor's actions and grant pardons. This constitution also required most citizens to vote or pay a fine, but it excluded the poorest members of society from voting.
After the Civil War, the Fifteenth Amendment guaranteed citizens of all races the right to vote. However, this did not immediately translate into equal voting rights for African Americans in Georgia. During the Reconstruction era, voters and Congress put measures in place to protect the civil rights of formerly enslaved citizens, including their right to vote. Unfortunately, these rights were gradually eroded, and by the late 19th century, African Americans in Georgia were still denied the right to vote in primary elections.
In 1944, a legal challenge was filed on behalf of African Americans in Georgia, arguing that the practice of denying them the right to vote in primary elections violated their constitutional rights. This challenge set in motion a series of events that led to the expansion of voting rights for African Americans in the state. In 1945, a new state constitution was ratified by popular vote, and while it retained many provisions of the previous constitution, it also included an extensive bill of rights.
It was in 1946 that African Americans in Georgia officially gained the right to vote. This was a significant milestone, but the struggle for equal voting rights continued. The new state constitution of 1945 had introduced a literacy test for voters, which could be used to disenfranchise racial minorities. It wasn't until the 1960s, with the passage of federal legislation like the Voting Rights Act of 1965, that barriers to African American voting rights began to be truly dismantled.
Today, the Georgia Constitution guarantees voting rights to all citizens of the United States who are residents of Georgia, at least 18 years old, and not disenfranchised by law. It explicitly states that no person convicted of a felony involving moral turpitude may register or vote, and those found mentally incompetent are also restricted unless their disability has been removed. These provisions apply to all Georgians, regardless of race.
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Who is ineligible to vote
In the state of Georgia, certain requirements must be met to be eligible to vote. Citizens must be at least 18 years old, a legal resident of Georgia and the county in which they wish to vote, and a US citizen.
Those serving a sentence for a felony conviction, including incarceration, parole, probation, or extended supervision, are not eligible to vote in Georgia. This also applies to those awaiting transfer to a state prison. However, if an individual has completed their sentence, including any probation, parole, or payment of fines, they can regain their right to vote. Additionally, individuals who have been judicially determined to be mentally incompetent are ineligible to vote unless the disability has been removed.
Georgia law requires voters to present a government-issued photo ID when voting in person. This can include a valid driver's license, state-issued ID, passport, military ID, student ID from a public college, or employee ID issued by a government entity.
It is important to note that attempting to register to vote when knowing one is ineligible is against the law in Georgia.
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The right to register
However, there are exceptions to the right to register and vote. Individuals who have been convicted of a felony involving moral turpitude are prohibited from registering, remaining registered, or voting until they have completed their sentence. Similarly, those who have been judicially determined to be mentally incompetent are restricted from registering or voting unless their disability has been removed.
Historically, the right to vote in Georgia has undergone significant changes. Before the Civil War, Georgia had a history of denying African Americans the right to vote, with the Democratic Party allowing only white Georgians to vote in its primaries. This prompted legal challenges, and by 1946, African Americans gained the right to vote in Georgia.
The Georgia Constitution has also evolved over time, with ten different constitutions in the state's history, not including its royal charter granted in 1732. The first formal constitution was drafted in 1777, followed by subsequent versions in 1789, 1877, and 1945. Amendments to the constitution can be proposed in the Georgia legislature and must be approved by a two-thirds majority vote in both the state House and Senate.
In conclusion, the right to register and vote in Georgia is outlined in Article Two of the Georgia Constitution, with provisions for appeals and exceptions. The history of voting rights in the state reflects a journey towards greater inclusivity, with legal battles and constitutional amendments shaping the landscape of democratic participation.
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The voting age
The push to lower the voting age across the US gained momentum in the 1940s, with World War II bringing the issue to the fore. In 1941, Senator Harley Kilgore began advocating for a lowered voting age in Congress, but despite support from fellow senators, representatives, and First Lady Eleanor Roosevelt, no national change was passed. However, Georgia's move to lower the voting age inspired similar measures in Kentucky, Alaska, and Hawaii.
The drive to lower the voting age from 21 to 18 gained further momentum in the 1960s, driven in part by the military draft during the Vietnam War. Young men between 18 and 21 were being conscripted to fight and potentially die for their nation, yet they were unable to vote until the age of 21. This discrepancy led to the emergence of a youth rights movement, with the slogan "old enough to fight, old enough to vote".
In 1968, Johnson proposed an immediate national grant of the right to vote to 18-year-olds, and in 1970, the Supreme Court considered the voting age provisions added to the Voting Rights Act that year. The Court upheld the provision establishing 18 as the voting age in federal elections but allowed states to maintain 21 as the voting age in state and local elections.
Finally, in 1971, the Twenty-sixth Amendment to the United States Constitution was passed, establishing that the right of citizens of the United States who are 18 years of age or older to vote shall not be denied or abridged by any state on account of age.
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Frequently asked questions
The Georgia Constitution of 1777 allowed for an expansive franchise, excluding only the poorest.
After the Civil War, the Fifteenth Amendment guaranteed citizens of all races the right to vote. However, in practice, only white Georgians were allowed to vote in the Democratic Party primaries. African Americans were denied the right to vote in primary elections, and it wasn't until 1946 that they gained the right to vote in Georgia.
The new constitution of 1945 set the voting age at 18 and introduced a literacy test for voters. To register and vote, one had to be a citizen of the United States, a resident of Georgia, and meet the minimum residency requirements.
Yes, there are some restrictions on voting rights in Georgia. Individuals convicted of felonies involving moral turpitude and those judicially determined to be mentally incompetent are restricted from voting unless their disability has been removed.
