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The Right to Vote - U.S. Constitution
Voting Rights in
Arizona
League of Women of Arizona
Voters’ Rights Summit
January 7, 2017
Joseph Kanefield
[email protected]
• Original U.S. Constitution granted no one the right to vote.
• Minor v. Happersett (1875): “the Constitution of the United
States does not confer the right of suffrage upon any one.”
• British & Colonial law limited voting to adult men (usually
white) property owners.
• Art. 1, Sec. 4: delegates to state legislatures the time, place &
manner of holding elections for U.S. Senators & House
members.
• Art. 1, Sec. 2: provides for elections to House, “the Electors in
each State shall have the Qualifications requisite for Electors of
the most numerous Branch of the State Legislature”.
• Art. 2, Sec. 1: delegates to state legislatures the manner of
selecting presidential electors.
602.798.5468
Right to Vote - U.S. Constitution
The Right to Vote - Arizona Constitution
• 17th Amendment (1913) - Direct Election of U.S.
Senators.
• Ariz. Const. art. 7, § 2
• 19th Amendment (1921) - Guaranteed women the
right to vote.
• 23rd Amendment (1960) - Gave D.C. residents the
right to vote for three presidential electors.
• 24th Amendment (1964) - Prohibited poll taxes in
federal elections. State poll taxes struck down in
Harper v. Virginia (1964).
• 26th Amendment (1971) - Lowered the voting age
in federal and state elections to 18.
General Election - November 5, 1912
• U.S. Citizen, Arizona Resident;
• 18 years old;
• Not incapacitated or convicted of a
felony;
• Women’s right to vote added by
voters in 1912.
Literacy Tests in Arizona
• Statute adopted after statehood required all voters to be
able to read constitution in English (remained in effect
until 1970).
• Voting Rights Act in 1966 suspended literacy tests in
Apache, Coconino & Navajo Counties (low registration
& voting among largely Navajo population).
• In 1965 state and counties sued and reinstated the
literacy tests because tests had not been used in prior 5
years to deny the right to vote on account of race or
color. Apache County v. U.S., 256 F.Supp. 903 (D.D.C.
1966).
• 1970 Amendment to VRA banned literacy tests
nationwide.
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Voting Rights Act of 1965
Voting Rights Act of 1965
• Section 2
• No voting qualification or prerequisite to
voting or standard, practice, or procedure
shall be imposed or applied by any State or
political subdivision in a manner which
results in a denial or abridgement of the
right of any citizen of the United States to
vote on account of race or color…
• Section 4 - Coverage Formula
• Suspended “tests and devices” as prerequisites for
voting.
• Established coverage formula to determine coverage
under special provisions.
• Section 5 - Preclearance
• Any “change affecting voting” must get precleared;
meaning, there must be a determination that the change
“does not have the purpose and will not have the effect of
denying or abridging the right to vote on account of race,
color, or membership in a language minority group.”
Voting Rights Act of 1965
Arizona under the Voting Rights Act
• 1965 – 3 Arizona counties became covered
jurisdictions.
• 1975 – Arizona in its entirety became covered
jurisdiction.
• 2006 - Voting Rights reauthorized by
Congress for 25 years.
• 2013 - Section 4 coverage formula struck
down by U.S. Supreme Court in Shelby
County v. Alabama.
Modern Barriers to Voting - Integrity vs. Access
• Elections require regulation and oversight.
• Two distinct features of U.S. Election Administration:
• Decentralization (elections run locally).
• Partisanship (election administrators often partisan).
• Integrity vs. Access.
• Modern Barriers:
• ID at the Polls.
• Proof of Citizenship when Registering.
• Precinct Based Voting.
• Ballot Collection Restrictions.
• Durational Residency Requirements.
THANK YOU!
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