Public Opinion Notes 11/17/22

● Legal History of Voting Rights

○ 1787: Voting rights were not addressed in the constitution except
to say that if you can vote in state legislative races, you can vote
in the House elections.
○ Individual states determine who can and can’t vote.
○ All states limited the vote to property-owning white men, except
for New Jersey in 1787-1807
■ About 6% of the public was allowed to vote.
● What amendments addressed voting rights?
○ 15th Amendment (1870) — you cannot be denied the right to
vote based on race.
○ 19th Amendment (192) — you cannot be denied the right to vote
based on sex.
○ 23rd Amendment (1961) — Washington D.C. can vote in
presidential elections
○ 24th Amendment (1964) — banned poll taxes
○ 26th Amendment (1971) — set the voting age at 18 [in response
to the Vietnam War]
● What are the important cases regarding voting rights?
○ Smith v. Allwright (1944)
■ The white-only primary is unconstitutional
○ South Carolina v. Katzenbach (1966)
■ Voting Rights Act of 1965
● Bans literacy tests
● Bans racial discrimination in election administration.
○ Shelby County v. Holder (2013)
■ Pre-clearance formula is unconstitutional
● Pre-Clearance System (2 Types)
○ Sec 3 — still exists
■ This applies to Arkansas, a county in New Mexico, and 16
other counties
■ Prove racist INTENT + EFFECT; harder to prove
○ Sec 5 — abolished in 2013
■ Pre-clearance if…
● History of employing literacy tests
● Very low turnout elections in 1964, 1968, 1972
■ Any changes to the state or local election law had to be
“pre-cleared” by the federal government.
■ Rationale: you abused our election laws because you
administered your elections in a discriminatory way (Jim
Crow states). Thus, you need to be monitored.
■ Shelby County v. Holder (2013)
● Pre-clearance formula is unconstitutional
■ Prove racist EFFECT
● Post-Shelby County v. Holder
○ 1,400 poll closures
○ Attempts to curtail early voting
○ Voter I.D. laws