The right to vote is the foundation of democracy. In voting, we are all equal: one person, one vote is the standard. Yet, in the United States, the right to vote is not written in the Constitution. Who has the right to vote and whether the right would be restricted or extended – has caused bitter, partisan battles across our history.
The Voting Rights Act of 1965 was designed to protect the right to vote for citizens in the states with a history of voter discrimination – largely in the South. It outlawed literacy tests, set national standards, and required pre-clearance for changes to voting rights by the Justice Department. When the Supreme Court gutted the Act in 2013 – erasing the pre-clearance standard – it opened the floodgates to efforts to make registration and voting more difficult, particularly for minorities and for the young.
The right to vote once more has become a partisan issue. Republicans increasingly seek to make registration and voting more difficult – often on the grounds of stopping voter fraud despite the fact that there is no evidence that it exists. Democrats have become the party pushing for voter reforms–that would make it easier to register and vote. The result is laws that vary dramatically from state to state.
Consider what happens to those convicted of a crime. In Maine, Vermont, and the District of Columbia, offenders never lose the right to vote, even when they are incarcerated. In 23 states, offenders lose the right to vote when they are incarcerated and have it automatically restored when they are released. In 14 states, the right to vote isn’t restored upon release; but only when the offender finishes parole or probation–and pays off fines or makes restitution. In 11 states, the loss of voting rights is permanent.
Similarly for young people, in some states, young people are allowed to pre-register even before they reach the legal age of eligibility. Schools are empowered or required to reach out to students and introduce them to registration forms. In other states, nothing is provided for the young. In some states, various forms of voter ID requirements make it hard for college students to vote where they attend college; instead of in their home states.
Efforts to establish baseline national standards have been frustrated by filibusters in the Senate run by Republican senators. Congress was unable to pass the John Lewis Voting Rights Advancement Act, which would have revived the Voting Rights Act, or the For the People Act, which would have established national standards for voting and registration, established Automatic Voting Registration, abolished partisan gerrymandering, and helped curb dark money in politics.
Without national standards, partisan efforts at the state level continue. The Brennan Center reports that by February of this year, 150 restrictive voting bills have been introduced in 32 states – bills that would make it harder to register or vote. These bills limit vote by mail, protect against improper purges of the voting rolls, limit voting ties, require limited and strict ID, and eliminate the number of polling places – all designed to make it harder to vote, particularly for minorities or young people.
In 2021, states enacted more restrictive legislation than at any time since the Center began tracking legislation. At the same time, in 34 states, there are 274 bills introduced to expand voting access. These bills enact automatic voter registration and Election Day registration, facilitate voting by mail, expand early voting days and hours of voting, put strict limits on purges of the voting rolls, and more.
In the recent election of a Supreme Court judge in Wisconsin, staggering sums of money poured in because majority control of the Court was at stake. Two issues dominated: whether the Court would outlaw the right to abortion in Wisconsin and whether it would rubber-stamp partisan gerrymandering that enabled the party that won the fewest votes – the Republicans –to control the majority in the state legislature.
The right to vote in free elections in fair districts should be a patriotic mission, not a partisan issue. Yet our reality is much different. The right to vote – and whether it is suppressed or encouraged – is a continuing political struggle. And in 2023, that struggle grows ever more fierce.
You can write to the Rev. Jesse Jackson in care of this newspaper or by email at jjackson@rainbowpush.org. Follow him on Twitter @RevJJackson.
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