Published: Monday, 8 November 2021
Written by Ivan Morales, Student Government Associate Justice
How It Started
Due to a historically slow realization process that all citizens––regardless of race, gender, or culture––deserve the right to vote, supporting legislation has come at various times throughout history. In the beginning, the United States embodied the practice that only white male landowners could vote. This, however, was short-lived as amendments to the Constitution eliminated property qualifications in the 1820s. Fast-forward 50 years and Congress introduced the 15th Amendment, granting Black men the right to vote. However, since states have power over the way voting is conducted, southern states enacted policies that prevented Black men from voting through poll taxes, literacy tests and the grandfather clause. Entering the 20th century, women, Native Americans, and Asian Americans were granted the right to vote.
Although the 20th century led progressive congressional outcome with voting rights, states still had the power to restrict minorities from voting with discriminatory laws. These restrictions began to disappear during the civil rights movement as poll taxes were banned and the Voting Rights Act of 1965 was implemented. This act banned literacy tests and gave the federal government more power in voting matters.
Unfortunately, in 2013 the Supreme Court ruled in Shelby County v. Holder that the Voting Rights Act was unconstitutional which granted states their freedom to dictate voting policies again. As a result, the US Commission on Civil Rights found in 2018 that “At least 23 states have enacted newly restrictive statewide voter laws since the Shelby County decision” (Assessment of Minority Voting Rights in the United States, p.82). Some of these restrictions include polling place closures, voter ID laws, and limitations on early voting which were reported in the document titled “Assessment of Minority Voting Rights in the United States. Since 2013, the Department of Justice has done little to support minorities in the context of voting rights, requiring legislation to make the big move. Although this country has come a long way in allowing everyone eligible to vote, there is still pushback from states that is affecting our elections to this day.
How It's Going
On Sept. 15, 2021, the Senate was introduced to a bill known as the “Freedom to Vote Act.” The purpose of this bill is “To expand Americans’ access to the ballot box and reduce the influence of big money in politics, and for other purposes,” (Freedom to Vote Act, 2021, S.2747). The features of this bill include promoting internet registration, same day voter registration, improving access to voting for citizens with disabilities, early voting, voting by mail, and absentee ballots mostly designed for military personnel overseas. Democrats are in support of this bill while the Republicans are opposing. What makes this interesting is that the Senate is divided as half Democrat and half Republican creating a standoff. Currently the Republican senators are attempting to filibuster this bill and block it from passing which is the likely outcome based on the result of the past 2 voting rights bills that have been blocked this year.
California’s Voting Policies
Coronavirus has had an alarming impact on in-person social life causing polling stations to be a risky form of voting. California recognized this and decided to send mail-in ballots to every registered voter in the state. This made voting much easier for anyone who was worried of contracting the virus by breaking stay-at-home orders and going out to congregated areas. Mail-in ballots will likely be a form of voting that will continue to be popularly used in California.
Eligibility for voter registration in California is very simple and clear. Some of the rules include that you: you must be a citizen of the United States of America, you must be 18 years of age or older, you must not be serving a sentence under felony charges in state, or federal prison as well as county jail, or other correctional facilities, and you must not be declared mentally incompetent to vote by a court. If none of these apply to a resident of California, then they can register to vote within the state at any Department of Motor Vehicles in California, online with California’s Secretary of State, and through mail-in voter registration forms to the local election's office.
