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Saturday, September 1, 2018

Suffrage

From Wikipedia, the free encyclopedia

Suffrage universel dédié à Ledru-Rollin, Frédéric Sorrieu, 1850

Suffrage, political franchise, or simply franchise is the right to vote in public, political elections (although the term is sometimes used for any right to vote). In some languages, and occasionally in English, the right to vote is called active suffrage, as distinct from passive suffrage, which is the right to stand for election. The combination of active and passive suffrage is sometimes called full suffrage.

Suffrage is often conceived in terms of elections for representatives. However, suffrage applies equally to referenda and initiatives. Suffrage describes not only the legal right to vote, but also the practical question of whether a question will be put to a vote. The utility of suffrage is reduced when important questions are decided unilaterally without extensive, conscientious, full disclosure and public review.

In most democracies, eligible voters can vote in elections of representatives. Voting on issues by referendum may also be available. For example, in Switzerland this is permitted at all levels of government. In the United States, some states such as California and Washington have exercised their shared sovereignty to offer citizens the opportunity to write, propose, and vote on referendums and initiatives; other states and the federal government have not. Referendums in the United Kingdom are rare.

Suffrage is granted to qualifying citizens once they have reached the voting age. What constitutes a qualifying citizen depends on the government's decision. Resident non-citizens can vote in some countries, which may be restricted to citizens of closely linked countries (e.g., Commonwealth citizens and European Union citizens) or to certain offices or questions.

Etymology

The word suffrage comes from Latin suffragium, meaning "vote", "political support", and the right to vote. The etymology of the Latin word is uncertain, with some sources citing Latin suffragari "lend support, vote for someone", from sub "under" + fragor "crash, din, shouts (as of approval)", related to frangere "to break" (related to fraction and fractious "quarrelsome"). Other sources say that attempts to connect suffragium with fragor cannot be taken seriously. Some etymologists think the word may be related to suffrago and may have originally meant an ankle bone or knuckle bone.

Types

Universal suffrage

Universal suffrage consists of the right to vote without restriction due to sex, race, social status, education level, or wealth. It typically does not extend the right to vote to all residents of a region; distinctions are frequently made in regard to citizenship, age, and occasionally mental capacity or criminal convictions.

The short-lived Corsican Republic (1755–1769) was the first country to grant limited universal suffrage to all citizens over the age of 25. This was followed by other experiments in the Paris Commune of 1871 and the island republic of Franceville (1889). The 1840 constitution of the Kingdom of Hawai'i granted universal suffrage to all male and female adults. In 1893, when the Kingdom of Hawai'i was overthrown in a coup, New Zealand became the only independent country to practice universal (active) suffrage, and the Freedom in the World index lists New Zealand as the only free country in the world in 1893.

Women's suffrage

German election poster from 1919: Equal rights – equal duties!

Women's suffrage is, by definition, the right of women to vote. This was the goal of the suffragists, who believed in using legal means and the suffragettes, who used extremist measures. Short-lived suffrage equity was drafted into provisions of the State of New Jersey's first, 1776 Constitution, which extended the Right to Vote to unwed female landholders & black land owners.
"IV. That all inhabitants of this Colony, of full age, who are worth fifty pounds proclamation money, clear estate in the same, and have resided within the county in which they claim a vote for twelve months immediately preceding the election, shall be entitled to vote for Representatives in Council and Assembly; and also for all other public officers, that shall be elected by the people of the county at large." New Jersey 1776
However, the document did not specify an Amendment procedure, and the provision was subsequently replaced in 1844 by the adoption of the succeeding constitution, which reverted to "all white male" suffrage restrictions.

Although the Kingdom of Hawai'i granted female suffrage in 1840, the right was rescinded in 1852. Limited voting rights were gained by some women in Sweden, Britain, and some western U.S. states in the 1860s. In 1893, the British colony of New Zealand became the first self-governing nation to extend the right to vote to all adult women. In 1894 the women of South Australia achieved the right to both vote and stand for Parliament. The autonomous Grand Duchy of Finland in the Russian Empire was the first nation to allow all women to both vote and run for parliament.

Equal suffrage

Equal suffrage is sometimes confused with Universal suffrage, although the meaning of the former is the removal of graded votes, wherein a voter could possess a number of votes in accordance with income, wealth or social status.

Census suffrage

Also known as "censitary suffrage", the opposite of equal suffrage, meaning that the votes cast by those eligible to vote are not equal, but are weighed differently according to the person's rank in the census (e.g., people with higher education have more votes than those with lower education, or a stockholder in a company with more shares has more votes than someone with fewer shares). Suffrage may therefore be limited, but can still be universal.

Compulsory suffrage

Where compulsory suffrage exists, those who are eligible to vote are required by law to do so. Thirty-two countries currently practise this form of suffrage.

Business vote

In local government in England and some of its ex-colonies, businesses formerly had, and in some places still have, a vote in the urban area in which they paid rates. This is an extension of the historical property-based franchise from natural persons to other legal persons.

In the United Kingdom, the Corporation of the City of London has retained and even expanded business vote, following the passing of the City of London (Ward Elections) Act 2002. This has given business interests within the City of London, which is a major financial centre with few residents, the opportunity to apply the accumulated wealth of the corporation to the development of an effective lobby for UK policies. This includes having the City Remembrancer, financed by the City's Cash, as a Parliamentary agent, provided with a special seat in the House of Commons located in the under-gallery facing the Speaker's chair. In a leaked document from 2012, an official report concerning the City's Cash revealed that the aim of major occasions such as set-piece sumptious banquets featuring national politicians was "to increase the emphasis on complementing hospitality with business meetings consistent with the City corporation's role in supporting the City as a financial centre". 
The first issue taken up by the Northern Ireland civil rights movement was the business vote, abolished in 1968.

In the Republic of Ireland, commercial ratepayers can vote in local plebiscites, for changing the name of the locality or street, or delimiting a business improvement district. From 1930 to 1935, 5 of 35 members of Dublin City Council were "commercial members".

In cities in most Australian states, voting is optional for businesses but compulsory for individuals.

Forms of exclusion from suffrage

Religion

In the aftermath of the Reformation it was common in European countries for people of disfavored religious denominations to be denied civil and political rights, often including the right to vote, to stand for election or to sit in parliament. In Great Britain and Ireland, Roman Catholics were denied the right to vote from 1728 to 1793, and the right to sit in parliament until 1829. The anti-Catholic policy was justified on the grounds that the loyalty of Catholics supposedly lay with the Pope rather than the national monarch.

In England and Ireland, several Acts practically disenfranchised non-Anglicans or non-Protestants by imposing an oath before admission to vote or to stand for office. The 1672 and 1678 Test Acts forbade non-Anglicans to hold public offices, and the 1727 Disenfranchising Act took away Catholics' voting rights in Ireland, which were restored only in 1788. Jews could not even be naturalized. An attempt was made to change this situation, but the Jewish Naturalization Act 1753 provoked such reactions that it was repealed the following year. Nonconformists (Methodists and Presbyterians) were only allowed to run for election to the British House of Commons starting in 1828, Catholics in 1829 (following the Catholic Relief Act 1829, which extended the Roman Catholic Relief Act 1791), and Jews in 1858 (with the Emancipation of the Jews in England). Benjamin Disraeli could only begin his political career in 1837 because he had been converted to Anglicanism at the age of 12.

In several states in the U.S. after the Declaration of Independence, Jews, Quakers or Catholics were denied voting rights and/or forbidden to run for office. The Delaware Constitution of 1776 stated that "Every person who shall be chosen a member of either house, or appointed to any office or place of trust, before taking his seat, or entering upon the execution of his office, shall (…) also make and subscribe the following declaration, to wit: I, A B. do profess faith in God the Father, and in Jesus Christ His only Son, and in the Holy Ghost, one God, blessed for evermore; and I do acknowledge the holy scriptures of the Old and New Testament to be given by divine inspiration." This was repealed by article I, section 2 of the 1792 Constitution: "No religious test shall be required as a qualification to any office, or public trust, under this State". The 1778 Constitution of the State of South Carolina stated that "No person shall be eligible to sit in the house of representatives unless he be of the Protestant religion", the 1777 Constitution of the State of Georgia (art. VI) that "The representatives shall be chosen out of the residents in each county (…) and they shall be of the Protestent (sic) religion". In Maryland, voting rights and eligibility were extended to Jews in 1828.

In Canada, several religious groups (Mennonites, Hutterites, Doukhobors) were disenfranchised by the wartime Elections Act of 1917, mainly because they opposed military service. This disenfranchisement ended with the closure of the First World War, but was renewed for Doukhobors from 1934 (via the Dominion Elections Act) to 1955.

The first Constitution of modern Romania in 1866 provided in article 7 that only Christians could become Romanian citizens. Jews native to Romania were declared stateless persons. In 1879, under pressure from the Berlin Peace Conference, this article was amended, granting non-Christians the right to become Romanian citizens, but naturalization was granted on a case-by-case basis and was subject to Parliamentary approval. An application took over ten years to process. Only in 1923 was a new constitution adopted, whose article 133 extended Romanian citizenship to all Jewish residents and equality of rights to all Romanian citizens.

In the Republic of Maldives, only Muslim citizens have voting rights and are eligible for parliamentary elections.

Wealth, tax class, social class

Until the nineteenth century, many Western proto-democracies had property qualifications in their electoral laws; e.g. only landowners could vote (because the only tax for such countries was the property tax), or the voting rights were weighted according to the amount of taxes paid (as in the Prussian three-class franchise). Most countries abolished the property qualification for national elections in the late nineteenth century, but retained it for local government elections for several decades. Today these laws have largely been abolished, although the homeless may not be able to register because they lack regular addresses.

In the United Kingdom, until the House of Lords Act 1999, peers who were members of the House of Lords were excluded from voting for the House of Commons because they were not commoners. Although there is nothing to prevent the monarch from voting it is considered unconstitutional for the monarch to vote in an election.

Knowledge

Sometimes the right to vote has been limited to people who had achieved a certain level of education or passed a certain test, e.g. "literacy tests" were previously implemented in some U.S. states. Under the 1961 constitution of Rhodesia, voting on the "A" roll, which elected up to 50 of the 65 members of parliament, was restricted based on education requirements, which in practice led to an overwhelming white vote. Voting on the "B" roll had universal suffrage, but only appointed 15 members of parliament.

Race

Various countries, usually countries with a dominant race within a wider population, have historically denied the vote to people of particular races, or to all but the dominant race. This has been achieved in a number of ways:
  • Official – laws and regulations passed specifically disenfranchising people of particular races (for example, the Antebellum United States, Boer republics, pre-apartheid and apartheid South Africa, or many colonial political systems, who provided suffrage only for white settlers and some privileged non-white groups). Canada and Australia denied suffrage for their indigenous populations until the 1960s.
  • Indirect – nothing in law specifically prevents anyone from voting on account of their race, but other laws or regulations are used to exclude people of a particular race. In southern states of the United States of America before the passage of the Civil Rights Act of 1964 and the Voting Rights Act of 1965, poll taxes, literacy and other tests were used to disenfranchise African-Americans. Property qualifications have tended to disenfranchise a minority race, particularly if tribally owned land is not allowed to be taken into consideration. In some cases this was an unintended (but usually welcome) consequence. Many African colonies after World War II until decolonization had tough education and property qualifications which practically gave meaningful representation only for rich European minorities.
  • Unofficial – nothing in law prevents anyone from voting on account of their race, but people of particular races are intimidated or otherwise prevented from exercising this right. This was a common tactic employed by white Southerners against Freedmen during the Reconstruction Era and the following period before more formal methods of disenfranchisement became entrenched.

Age

All modern democracies require voters to meet age qualifications to vote. Worldwide voting ages are not consistent, differing between countries and even within countries, though the range usually varies between 16 and 21 years. Demeny voting would extend voting rights to everyone including children regardless of age. The movement to lower the voting age is known as the Youth rights movement.

Criminality

Many countries restrict the voting rights of convicted criminals. Some countries, and some U.S. states, also deny the right to vote to those convicted of serious crimes even after they are released from prison. In some cases (e.g. the felony disenfranchisement laws found in many U.S. states) the denial of the right to vote is automatic upon a felony conviction; in other cases (e.g. France and Germany) deprivation of the vote is meted out separately, and often limited to perpetrators of specific crimes such as those against the electoral system or corruption of public officials. In the Republic of Ireland, prisoners are allowed the right to vote, following the Hirst v UK (No2) ruling, which was granted in 2006. Canada allowed only prisoners serving a term of less than 2 years the right to vote, but this was found to be unconstitutional in 2002 by the Supreme Court of Canada in Sauvé v. Canada (Chief Electoral Officer), and all prisoners have been allowed to vote as of the 2004 Canadian federal election.

Residency

Under certain electoral systems elections are held within subnational jurisdictions, thus preventing persons from voting who would otherwise be eligible on the basis that they do not reside within such a jurisdiction, or because they live in an area that cannot participate. In the United States, residents of Washington, D.C. receive no voting representation in Congress, although they do have full representation in presidential elections, based on the Twenty-third Amendment to the United States Constitution adopted in 1961. Residents of Puerto Rico enjoy neither.

Sometimes citizens become ineligible to vote because they are no longer resident in their country of citizenship. For example, Australian citizens who have been outside Australia for more than one and fewer than six years may excuse themselves from the requirement to vote in Australian elections while they remain outside Australia (voting in Australia is compulsory for resident citizens). Danish citizens that reside permanently outside Denmark lose their right to vote.

In some cases, a certain period of residence in a locality may required for the right to vote in that location. For example, in the United Kingdom up to 2001, each 15 February a new electoral register came into effect, based on registration as of the previous 10 October, with the effect of limiting voting to those resident five to seventeen months earlier depending on the timing of the election.

Nationality

In most countries, suffrage is limited to citizens and, in many cases, permanent residents of that country. However, some members of supra-national organisations such as the Commonwealth of Nations and the European Union have granted voting rights to citizens of all countries within that organisation. Until the mid-twentieth century, many Commonwealth countries gave the vote to all British citizens within the country, regardless of whether they were normally resident there. In most cases this was because there was no distinction between British and local citizenship. Several countries qualified this with restrictions preventing non-white British citizens such as Indians and British Africans from voting. Under European Union law, citizens of European Union countries can vote in each other's local and European Parliament elections on the same basis as citizens of the country in question, but usually not in national elections.

Naturalization

In some countries, naturalized citizens do not have the right to vote or to be a candidate, either permanently or for a determined period.

Article 5 of the 1831 Belgian Constitution made a difference between ordinary naturalization, and grande naturalisation. Only (former) foreigners who had been granted grande naturalisation were entitled to vote, be a candidate for parliamentary elections, or be appointed minister. However, ordinary naturalized citizens could vote for municipal elections. Ordinary naturalized citizens and citizens who had acquired Belgian nationality through marriage could vote, but not run as candidates for parliamentary elections in 1976. The concepts of ordinary and grande naturalization were suppressed from the Constitution in 1991.

In France, the 1889 Nationality Law barred those who had acquired the French nationality by naturalization or marriage from voting, and from eligibility and access to several public jobs. In 1938 the delay was reduced to five years. These instances of discrimination, as well as others against naturalized citizens, were gradually abolished in 1973 (9 January 1973 law) and 1983.
In Morocco, a former French protectorate, and in Guinea, a former French colony, naturalized citizens are prohibited from voting for five years following their naturalization.

In the Federated States of Micronesia, one must be a Micronesian citizen for at least 15 years to run for parliament.

In Nicaragua, Peru and the Philippines, only citizens by birth are eligible for being elected to the national legislature; naturalized citizens enjoy only voting rights.

In Uruguay, naturalized citizens have the right of eligibility to the parliament after five years.

In the United States, the President and Vice President must be natural-born citizens. All other governmental offices may be held by any citizen, although citizens may only run for Congress after an extended period of citizenship (seven years for the House of Representatives and nine for the Senate).

Function

In France, an 1872 law, rescinded only by a 1945 decree, prohibited all army personnel from voting.

In Ireland, police (the Garda Síochána and, before 1925, the Dublin Metropolitan Police) were barred from voting in national elections, though not local elections, from 1923 to 1960.

The 1876 Constitution of Texas (article VI, section 1) stated that "The following classes of persons shall not be allowed to vote in this State, to wit: (…) Fifth—All soldiers, marines and seamen, employed in the service of the army or navy of the United States."

In many countries with a presidential system of government a person is forbidden to be a legislator and an official of the executive branch at the same time. Such provisions are found, for example, in Article I of the U.S. Constitution.

History around the world

In 1840, the Kingdom of Hawai'i adopted full suffrage to all adults, including women, but in 1852 rescinded female voting. In 1902 the Commonwealth Franchise Act enabled women to vote federally in Australia and in the state of New South Wales. This legislation also allowed women to run for government, making Australia the first in the world to allow this. In 1906 Finland became the next nation in the world to give all adult citizens full suffrage, in other words the right to vote and to run for office. New Zealand granted all adult citizens the right to vote (in 1893), but women did not get the right to run for the New Zealand legislature until 1919.

Australia

  • 1855 — South Australia is first colony to allow all male suffrage to British subjects (later extended to Indigenous males) over the age of 21.
  • 1894 – South Australian women eligible to vote.
  • 1896 — Tasmania becomes last colony to allow all male suffrage.
  • 1899 – Western Australian women eligible to vote.
  • 1902 – The Commonwealth Franchise Act enables women to vote federally and in the state of New South Wales. This legislation also allows women to run for government, making Australia the first democratic state in the world to allow this.
  • 1921 – Edith Cowan is elected to the West Australian Legislative Assembly as member for West Perth, the first woman elected to any Australian Parliament.
  • 1962 – Aboriginal peoples guaranteed the right to vote in Commonwealth elections.

Brazil

  • 1824 – The first Brazilian constitution allows free men over the age of 25 to vote, but there are income restrictions. The House of Deputies' representatives are chosen via electoral colleges.
  • 1881 – The Saraiva Law implements direct voting, but there are income restrictions. Women and slaves do not have the right to vote.
  • 1932 – Voting becomes obligatory for all adults over 21 years of age, unlimited by gender or income.
  • 1955 – Adoption of standardized voting ballots and identification requirements to mitigate frauds.
  • 1964 – Military regime established. From then on, presidents were elected by members of the congress, chosen by regular vote.
  • 1989 – Reestablishment of universal suffrage for all citizens over 16 years of age. People considered illiterate are not obliged to vote, nor are people younger than 18 and older than 70 years of age. People under the obligation rule shall file a document to justify their absence should they not vote.
  • 2000 – Brazil becomes the first country to fully adopt electronic ballots in their voting process.

Canada

  • 1871 – One of the first acts of the new Province of British Columbia strips the franchise from First Nations, and ensures Chinese and Japanese people are prevented from voting.
  • 1916 – Manitoba becomes the first province in which women have the right to vote in provincial elections.
  • 1917 – Wartime Elections Act gives voting rights to women with relatives fighting overseas. Voting rights are stripped from all "enemy aliens" (those born in enemy countries who arrived in Canada after 1902; see also Ukrainian Canadian internment). Military Voters Act gives the vote to all soldiers, even non-citizens, (with the exception of Indian and Metis veterans) and to females serving as nurses or clerks for the armed forces, but the votes are not for specific candidates but simply for or against the government.
  • 1918 – Women gain full voting rights in federal elections.
  • 1919 – Women gain the right to run for federal office.
  • 1940 – Quebec becomes the last province where women's right to vote is recognized.
(see Canadian women during the world wars for more information on Canadian suffrage)
  • 1947 – Racial exclusions against Chinese and Indo-Canadians lifted.
  • 1948 – Racial exclusions against Japanese Canadians lifted.
  • 1955 – Religious exclusions are removed from election laws.
  • 1960 – Right to vote is extended unconditionally to First Nations peoples. (Previously they could vote only by giving up their status as First Nations people.)
  • 1960 – Right to vote in advance is extended to all electors willing to swear they would be absent on election day.
  • 1965 – First Nations people granted the right to vote in Alberta provincial elections, starting with the Alberta general election, 1967.
  • 1969 – First Nations people granted the right to vote in Quebec provincial elections, starting with the Quebec general election, 1970.
  • 1970 – Voting age lowered from 21 to 18.
  • 1982 – Canadian Charter of Rights and Freedoms guarantees all adult citizens the right to vote.
  • 1988 – Supreme Court of Canada rules mentally ill patients have the right to vote.
  • 1993 – Any elector can vote in advance.
  • 2000 – Legislation is introduced making it easier for people of no fixed address to vote.
  • 2002 – Prisoners given the right to vote in the riding (voting district) where they were convicted. All adult Canadians except the Chief and Deputy Electoral Officers can now vote in Canada.

European Union

The European Union has given the right to vote in municipal elections to the citizen of another EU country by the Council Directive 94/80/EG from the 19th of December 1994.

Finland

  • 1906 – Full suffrage for all citizens adults aged 24 or older at beginning of voting year.
  • 1921 – Suppression of property-based number of votes on municipal level; equal vote for everybody.
  • 1944 – Voting age lowered to 21 years.
  • 1969 – Voting age lowered to 20 years.
  • 1972 – Voting age lowered to 18 years.
  • 1981 – Voting and eligibility rights were granted to Nordic Passport Union country citizens without residency condition for municipal elections.
  • 1991 – Voting and eligibility rights were extended to all foreign residents in 1991 with a two-year residency condition for municipal elections.
  • 1995 – Residency requirement abolished for EU residents, in conformity with European legislation (Law 365/95, confirmed by Electoral Law 714/1998).
  • 1996 – Voting age lowered to 18 years at date of voting.
  • 2000 – Section 14, al. 2 of the 2000 Constitution of Finland states that "Every Finnish citizen and every foreigner permanently resident in Finland, having attained eighteen years of age, has the right to vote in municipal elections and municipal referendums, as provided by an Act. Provisions on the right to otherwise participate in municipal government are laid down by an Act."

France

  • 11 August 1792 : Introduction of universal suffrage (men only)
  • 1795 : Universal suffrage for men is replaced with indirect Census suffrage
  • 13 December 1799: The French Consulate re-establishes male universal suffrage for men over 21 years old resident in France. The electors must select one tenth amongst themselves to “communal lists”, which in turn elect one tenth to “departmental lists”, which then elect one tenth to the “national list”. The senate then chose the representatives from that list.
  • In 1815: the restoration of the monarchy leads to the abolition of male universal suffrage, in favour of the census suffrage with an increased minimum age (increase to 30 years old initially but then reduced to 25)
  • In 1848: The Second Republic re-established male universal suffrage for all Frenchmen aged over 21. The number eligible to vote increased from 246,000 to over 9 million.
  • In 1850 (31 May): The number of people eligible to vote is reduced by 30% by excluding criminals and the homeless.
  • Napoleon III calls a referendum in 1851 (21 December), all men aged 21 and over are allowed to vote. Male universal suffrage is established thereafter.
  • As of 21 April 1944 the franchise is extended to women over 21
  • On 5 July 1974 the minimum age to vote is reduced to 18 years old.

Kingdom of Hawai'i

In 1840, the king of Hawai'i issued a constitution that granted universal suffrage, both for females and males, but later amendments added restrictions, as the influence of Caucasian settlers increased:
  • 1852 - Women lost the right to vote, and the minimum voting age was specified as 20.
  • 1864 - Voting was restricted on the basis of new qualifications—literacy and either a certain level of income or property ownership.
  • 1887 - Citizens of Hawai'i with Asian descent were disqualified. There was an increase in the minimum value of income or owned property.
Hawai'i lost its independence in 1893, when American marines landed and forced the reigning queen to abdicate.

Hong Kong

Minimum age to vote was reduced from 21 to 18 years in 1995. The Basic Law, the constitution of the territory since 1997, stipulates that all permanent residents (a status conferred by birth or by seven years of residence) have the right to vote. The right of permanent residents who have right of abode in other countries to stand in election is, however, restricted to 12 functional constituencies by the Legislative Council Ordinance of 1997.

The right to vote and the right to stand in elections are not equal. Fewer than 250,000 of the electorate are eligible to run in the 30 functional constituencies, of which 23 are elected by fewer than 80,000 of the electorate, and in the 2008 Legislative Council election 14 members were elected unopposed from these functional constituencies. The size of the electorates of some constituencies is fewer than 200. Only persons who can demonstrate a connection to the sector are eligible to run in a functional constituency.

The Legislative Council (Amendment) Bill 2012, if passed, amends the Legislative Council Ordinance to restrict the right to stand in Legislative Council by-elections in geographical constituencies and the District Council (Second) functional constituency. In addition to those persons who are mentally disabled, bankrupt, or imprisoned, members who resign their seats will not have the right to stand for six months' time from their resignation. The bill is currently passing through the committee stage.

India

Since the very first Indian general election held in 1951–52, universal suffrage for all adult citizens aged 21 or older was established under Article 326 of the Constitution of India. The minimum voting age was reduced to 18 years by the 61st Amendment, effective 28 March 1989.

Ireland

Isle of Man

  • 1866 - The House of Keys Election Act makes the House of Keys an elected body. The vote is given to men over the age of 21 who own property worth at least £8 a year or rent property worth at least £12 a year. Candidates must be male, with real estate of an annual value of £100, or of £50 along with a personal estate producing an annual income of £100.
  • 1881 - The House of Keys Election Act is amended so that the property qualification is reduced to a net annual value of not less than £4. Most significantly, the Act is also amended to extend the franchise to unmarried women and widows over the age of 21 who own property, making the Isle of Man the first place to give some women the vote in a national election. The property qualification for candidates is modified to allow the alternative of personal property producing a year income of £150.
  • 1892 - The franchise is extended to unmarried women and widows over the age of 21 who rent property worth a net annual value of at least £4, as well as to male lodgers. The property qualification for candidates is removed.
  • 1903 - A residency qualification is introduced in addition to the property qualification for voters. The time between elections is reduced from 7 to 5 years.
  • 1919 - Universal adult suffrage based on residency is introduced: all male and female residents over the age of 21 may vote. The entire electorate (with the exception of clergy and holders of office of profit) becomes eligible to stand for election.
  • 1970 - Voting age lowered to 18.
  • 2006 - Voting age lowered to 16. The age of eligibility for candidates remains at 18.

Italy

The Supreme Court states that "the rules derogating from the passive electoral law must be strictly interpreted".

Japan

  • 1947 – Universal Suffrage instituted with the establishment of Post-war Constitution.

New Zealand

  • 1853 – British government passes the New Zealand Constitution Act 1852, granting limited self-rule, including a bicameral parliament, to the colony. The vote was limited to male British subjects aged 21 or over who owned or rented sufficient property and were not imprisoned for a serious offence. Communally owned land was excluded from the property qualification, thus disenfranchising most Māori (indigenous) men.
  • 1860 – Franchise extended to holders of miner's licenses who met all voting qualifications except that of property.
  • 1867 – Māori seats established, giving Māori four reserved seats in the lower house. There was no property qualification; thus Māori men gained universal suffrage before other New Zealanders. The number of seats did not reflect the size of the Māori population, but Māori men who met the property requirement for general electorates were able to vote in them or in the Māori electorates but not both.
  • 1879 – Property requirement abolished.
  • 1893 – Women won equal voting rights with men, making New Zealand the first nation in the world to allow adult women to vote.
  • 1969 – Voting age lowered to 20.
  • 1974 – Voting age lowered to 18.
  • 1975 – Franchise extended to permanent residents of New Zealand, regardless of whether they have citizenship.
  • 1996 – Number of Māori seats increased to reflect Māori population.
  • 2010 – Prisoners imprisoned for one year or more denied voting rights while serving the sentence.

Poland

  • 1918 – In its first days of independence in 1918, after 123 years of partition, voting rights were granted to both men and women. Eight women were elected to the Sejm in 1919.
  • 1952 – Voting age lowered to 18.

South Africa

Sweden

United Kingdom

From 1265, a few percent of the adult male population in the Kingdom of England (of which Wales was a full and equal member from 1542) were able to vote in parliamentary elections that occurred at irregular intervals to the Parliament of England. The franchise for the Parliament of Scotland developed separately. King Henry VI of England established in 1432 that only owners of property worth at least forty shillings, a significant sum, were entitled to vote in an English county. The franchise was restricted to males by custom rather than statute. Changes were made to the details of the system, but there was no major reform until the Reform Act 1832. A series of Reform Acts and Representation of the People Acts followed. In 1918, all men over 21 and some women over 30 won the right to vote, and in 1928 all women over 21 won the right to vote resulting in universal suffrage.
  • Reform Act 1832 – extended voting rights to adult males who rented propertied land of a certain value, so allowing 1 in 7 males in the UK voting rights.
  • Reform Act 1867 – extended the franchise to men in urban areas who met a property qualification, so increasing male suffrage.
  • Representation of the People Act 1884 – addressed imbalances between the boroughs and the countryside; this brought the voting population to 5,500,000, although 40% of males were still disenfranchised because of the property qualification.
  • Between 1885 and 1918 moves were made by the women's suffrage movement to ensure votes for women. However, the duration of the First World War stopped this reform movement.
  • Representation of the People Act 1918 – the consequences of World War I persuaded the government to expand the right to vote, not only for the many men who fought in the war who were disenfranchised, but also for the women who worked in factories, agriculture and elsewhere as part of the war effort, often substituting for enlisted men and including dangerous work such as in munitions factories. All men aged 21 and over were given the right to vote. Property restrictions for voting were lifted for men. Votes were given to 40% of women, with property restrictions and limited to those over 30 years old. This increased the electorate from 7.7 million to 21.4 million with women making up 8.5 million of the electorate. Seven percent of the electorate had more than one vote. The first election with this system was the 1918 general election.
  • Representation of the People Act 1928 – equal suffrage for women and men, with voting possible at 21 with no property restrictions.
  • Representation of the People Act 1948 – the act was passed to prevent plural voting.
  • Representation of the People Act 1969 – extension of suffrage to those 18 and older.

United States

The Constitution did not originally define who was eligible to vote, allowing each state to decide this status. In the early history of the U.S., most states allowed only white male adult property owners to vote (about 6% of the population). By 1856 property ownership requirements were eliminated in all states, giving suffrage to most adult white males. However, tax-paying requirements remained in five states until 1860 and in two states until the 20th century. After the Civil War, five amendments to the Constitution were expressly addressed to the "right to vote"; these amendments limit the basis upon which the right to vote in any U.S. state or other jurisdiction may be abridged or denied.
  • 15th Amendment (1870): "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude."
  • 19th Amendment (1920): "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex."
  • 23rd Amendment (1961): provides that residents of the District of Columbia can vote for the President and Vice President.
  • 24th Amendment (1964): "The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax."
  • 26th Amendment (1971): "The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age."
Full removal of racial disenfranchisement of citizens was not secured until the Voting Rights Act of 1965 gained passage through Congress following the Civil Rights Movement. For state elections, it was not until the U.S. Supreme Court ruled 6-3 in Harper v. Virginia Board of Elections (1966) that all state poll taxes were declared unconstitutional as violating the Equal Protection Clause of the Fourteenth Amendment. This removed a burden on the poor, including some poor whites who had been disenfranchised.

Friday, August 31, 2018

Fifteenth Amendment to the United States Constitution

From Wikipedia, the free encyclopedia

The Fifteenth Amendment (Amendment XV) to the United States Constitution prohibits the federal and state governments from denying a citizen the right to vote based on that citizen's "race, color, or previous condition of servitude". It was ratified on February 3, 1870, as the third and last of the Reconstruction Amendments.

In the final years of the American Civil War and the Reconstruction Era that followed, Congress repeatedly debated the rights of the millions of former black slaves. By 1869, amendments had been passed to abolish slavery and provide citizenship and equal protection under the laws, but the election of Ulysses S. Grant to the presidency in 1868 convinced a majority of Republicans that protecting the franchise of black male voters was important for the party's future. On February 26, 1869, after rejecting more sweeping versions of a suffrage amendment, Congress proposed a compromise amendment banning franchise restrictions on the basis of race, color, or previous servitude. After surviving a difficult ratification fight, the amendment was certified as duly ratified and part of the Constitution on March 30, 1870.

United States Supreme Court decisions in the late nineteenth century interpreted the amendment narrowly. From 1890 to 1910, southern states adopted new state constitutions and enacted laws that raised barriers to voter registration. This resulted in most black voters and many poor white ones being disenfranchised by poll taxes and discriminatory literacy tests, among other barriers to voting, from which white male voters were exempted by grandfather clauses. A system of white primaries and violent intimidation by white groups also suppressed black participation.

In the twentieth century, the Court began to interpret the amendment more broadly, striking down grandfather clauses in Guinn v. United States (1915) and dismantling the white primary system in the "Texas primary cases" (1927–1953). Along with later measures such as the Twenty-fourth Amendment, which forbade poll taxes in federal elections, and Harper v. Virginia State Board of Elections (1966), which forbade poll taxes in state elections, these decisions significantly increased black participation in the American political system. To enforce the amendment, Congress enacted the Voting Rights Act of 1965, which provided federal oversight of elections in discriminatory jurisdictions, banned literacy tests and similar discriminatory devices, and created legal remedies for people affected by voting discrimination.

The amendment created a split within the women's suffrage movement over the amendment not prohibiting denying the women the right to vote on account of sex.

Text

The Fifteenth Amendment in the National Archives
Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

Section 2. The Congress shall have power to enforce this article by appropriate legislation.

Background

In the final years of the American Civil War and the Reconstruction Era that followed, Congress repeatedly debated the rights of black former slaves freed by the 1863 Emancipation Proclamation and the 1865 Thirteenth Amendment, the latter of which had formally abolished slavery. Following the passage of the Thirteenth Amendment by Congress, however, Republicans grew concerned over the increase it would create in the congressional representation of the Democratic-dominated Southern states. Because the full population of freed slaves would be now counted rather than the three-fifths mandated by the previous Three-Fifths Compromise, the Southern states would dramatically increase their power in the population-based House of Representatives. Republicans hoped to offset this advantage by attracting and protecting votes of the newly enfranchised black population.

In 1865, Congress passed what would become the Civil Rights Act of 1866, guaranteeing citizenship without regard to race, color, or previous condition of slavery or involuntary servitude. The bill also guaranteed equal benefits and access to the law, a direct assault on the Black Codes passed by many post-war Southern states. The Black Codes attempted to return ex-slaves to something like their former condition by, among other things, restricting their movement, forcing them to enter into year-long labor contracts, prohibiting them from owning firearms, and by preventing them from suing or testifying in court. Although strongly urged by moderates in Congress to sign the bill, President Johnson vetoed it on March 27, 1866. In his veto message, he objected to the measure because it conferred citizenship on the freedmen at a time when 11 out of 36 states were unrepresented in the Congress, and that it discriminated in favor of African Americans and against whites. Three weeks later, Johnson's veto was overridden and the measure became law. This was the first time in American history that Congress was able to muster the votes necessary to override a presidential veto. Despite this victory, even some Republicans who had supported the goals of the Civil Rights Act began to doubt that Congress possessed the constitutional power to turn those goals into laws. The experience encouraged both radical and moderate Republicans to seek Constitutional guarantees for black rights, rather than relying on temporary political majorities.

On June 18, 1866, Congress adopted the Fourteenth Amendment, which guaranteed citizenship and equal protection under the laws regardless of race, and sent it to the states for ratification. After a bitter struggle that included attempted rescissions of ratification by two states, the Fourteenth Amendment was adopted on July 28, 1868.

Section 2 of the Fourteenth Amendment punished, by reduced representation in the House of Representatives, any state that disenfranchised any male citizens over 21 years of age. By failing to adopt a harsher penalty, this signaled to the states that they still possessed the right to deny ballot access based on race. Northern states were generally as averse to granting voting rights to blacks as Southern states. In the year of its ratification, only eight Northern states allowed Blacks to vote. In the South, Blacks were able to vote in many areas, but only through the intervention of the occupying Union Army. Congress had granted suffrage to Blacks in the territories by passing the Territorial Suffrage Act in 1867.

Proposal and ratification

Proposal

An 1867 drawing depicting African Americans casting ballots

Anticipating an increase in Democratic membership in the following Congress, Republicans used the lame-duck session of the 40th United States Congress to pass an amendment protecting black suffrage. Representative John Bingham, the primary author of the Fourteenth Amendment, pushed for a wide-ranging ban on suffrage limitations, but a broader proposal banning voter restriction on the basis of "race, color, nativity, property, education, or religious beliefs" was rejected. A proposal to specifically ban literacy tests was also rejected. Some Representatives from the North, where nativism was a major force, wished to preserve restrictions denying the franchise to foreign-born citizens, as did Representatives from the West, where ethnic Chinese were banned from voting. Both Southern and Northern Republicans also wanted to continue to deny the vote temporarily to Southerners disfranchised for support of the Confederacy, and they were concerned that a sweeping endorsement of suffrage would enfranchise this group.

A House and Senate conference committee proposed the amendment's final text, which banned voter restriction only on the basis of "race, color, or previous condition of servitude". To attract the broadest possible base of support, the amendment made no mention of poll taxes or other measures to block voting, and did not guarantee the right of blacks to hold office. This compromise proposal was approved by the House on February 25, 1869, and the Senate the following day.

The vote in the House was 144 to 44, with 35 not voting. The House vote was almost entirely along party lines, with no Democrats supporting the bill and only 3 Republicans voting against it, some because they thought the amendment did not go far enough in its protections. The House of Representatives passed the amendment with 143 Republican and 1 Conservative Republican votes of "Yea"; 39 Democrat, 3 Republican, 1 Independent Republican and 1 Conservative votes of "Nay"; 26 Republican, 8 Democrat and 1 Independent Republican not voting. The final vote in the Senate was 39 to 13, with 14 not voting. The Senate passed the amendment with a vote of 39 Republican votes of "Yea", 8 Democrat and 5 Republican votes of "Nay"; 13 Republican and 1 Democrat not voting. Some Radical Republicans, such as Massachusetts Senator Charles Sumner, abstained from voting because the amendment did not prohibit literacy tests and poll taxes. Following congressional approval the proposed amendment was then sent by Secretary of State William Henry Seward to the states for ratification or rejection.

Ratification

An 1869 Thomas Nast cartoon supporting the Fifteenth Amendment. In the cartoon, Americans of different ancestries and ethnic backgrounds sit together at a dinner table with Columbia to enjoy a Thanksgiving meal as equal members of the American citizenry, while Uncle Sam prepares and sets the table.
 
Though many of the original proposals for the amendment had been moderated by negotiations in committee, the final draft nonetheless faced significant hurdles in being ratified by three-fourths of the states. Historian William Gillette wrote of the process, "it was hard going and the outcome was uncertain until the very end."

One source of opposition to the proposed amendment was the women's suffrage movement, which before and during the Civil War had made common cause with the abolitionist movement. However, with the passage of the Fourteenth Amendment, which had explicitly protected only male citizens in its second section, activists found the civil rights of women divorced from those of blacks. Matters came to a head with the proposal of the Fifteenth Amendment, which barred race discrimination but not sex discrimination in voter laws. After an acrimonious debate, the American Equal Rights Association, the nation's leading suffragist group, split into two rival organizations: the National Woman Suffrage Association of Susan B. Anthony and Elizabeth Cady Stanton, who opposed the amendment, and the American Woman Suffrage Association of Lucy Stone and Henry Browne Blackwell, who supported it. The two groups remained divided until the 1890s.

1870 print celebrating the passage of the Fifteenth Amendment in February 1870, and the post Civil War political empowerment of African Americans.

Nevada was the first state to ratify the amendment, on March 1, 1869. The New England states and most Midwest states also ratified the amendment soon after its proposal. Southern states still controlled by Radical reconstruction governments, such as North Carolina, also swiftly ratified. Newly elected President Ulysses S. Grant strongly endorsed the amendment, calling it "a measure of grander importance than any other one act of the kind from the foundation of our free government to the present day." He privately asked Nebraska's governor to call a special legislative session to speed the process, securing the state's ratification. In April and December 1869, Congress passed Reconstruction bills mandating that Virginia, Mississippi, Texas and Georgia ratify the amendment as a precondition to regaining congressional representation; all four states did so. The struggle for ratification was particularly close in Indiana and Ohio, which voted to ratify in May 1869 and January 1870, respectively. New York, which had ratified on April 14, 1869, tried to revoke its ratification on January 5, 1870. However, in February 1870, Georgia, Iowa, Nebraska, and Texas ratified the amendment, bringing the total ratifying states to twenty-nine—one more than the required twenty-eight ratifications from the thirty-seven states, and forestalling any court challenge to New York's resolution to withdraw its consent.

The first twenty-eight states to ratify the Fifteenth Amendment were:
  1. Nevada: March 1, 1869
  2. West Virginia: March 3, 1869
  3. North Carolina: March 5, 1869
  4. Illinois: March 5, 1869
  5. Louisiana: March 5, 1869
  6. Michigan: March 8, 1869
  7. Wisconsin: March 9, 1869
  8. Maine: March 11, 1869
  9. Massachusetts: March 12, 1869
  10. Arkansas: March 15, 1869
  11. South Carolina: March 15, 1869
  12. Pennsylvania: March 25, 1869
  13. New York: April 14, 1869 (Rescinded ratification: January 5, 1870; re-ratified: March 30, 1870)
  14. Indiana: May 14, 1869
  15. Connecticut: May 19, 1869
  16. Florida: June 14, 1869
  17. New Hampshire: July 1, 1869
  18. Virginia: October 8, 1869
  19. Vermont: October 20, 1869
  20. Alabama: November 16, 1869
  21. Missouri: January 10, 1870
  22. Minnesota: January 13, 1870
  23. Mississippi: January 17, 1870
  24. Rhode Island: January 18, 1870
  25. Kansas: January 19, 1870
  26. Ohio: January 27, 1870 (After rejection: April 1/30, 1869)
  27. Georgia: February 2, 1870
  28. Iowa: February 3, 1870
Secretary of State Hamilton Fish certified the amendment on March 30, 1870, also including the ratifications of:
29. Nebraska: February 17, 1870
30. Texas: February 18, 1870
The remaining seven states all subsequently ratified the amendment:
31. New Jersey: February 15, 1871 (After rejection: March 17/18, 1870)
32. Delaware: February 12, 1901 (After rejection: March 17/18, 1869)
33. Oregon: February 24, 1959 (After rejection: October 26, 1870)
34. California: April 3, 1962 (After rejection: January 28, 1870)
35. Maryland: May 7, 1973 (After rejection: February 4/26, 1870)
36. Kentucky: March 18, 1976 (After rejection: March 11/12, 1869)
37. Tennessee: April 8, 1997 (After rejection: November 16, 1869)
The amendment's adoption was met with widespread celebrations in black communities and abolitionist societies; many of the latter disbanded, feeling that black rights had been secured and their work was complete. President Grant said of the amendment that it "completes the greatest civil change and constitutes the most important event that has occurred since the nation came to life". Many Republicans felt that with the amendment's passage, black Americans no longer needed federal protection; congressman and future president James A. Garfield stated that the amendment's passage "confers upon the African race the care of its own destiny. It places their fortunes in their own hands." Congressman John R. Lynch later wrote that ratification of those two amendments made Reconstruction a success.

Application

Reconstruction

The first known black voter after the amendment's adoption was Thomas Mundy Peterson, who cast his ballot on March 31, 1870, in a Perth Amboy, New Jersey referendum election adopting a revised city charter.

In United States v. Reese (1876), the first U.S. Supreme Court decision interpreting the Fifteenth Amendment, the Court interpreted the amendment narrowly, upholding ostensibly race-neutral limitations on suffrage including poll taxes, literacy tests, and a grandfather clause that exempted citizens from other voting requirements if their grandfathers had been registered voters, a condition only white men could generally meet. The Court also stated that the amendment does not confer the right of suffrage, but it invests citizens of the United States with the right of exemption from discrimination in the exercise of the elective franchise on account of their race, color, or previous condition of servitude, and empowers Congress to enforce that right by "appropriate legislation". The Court wrote:
The Fifteenth Amendment does not confer the right of suffrage upon any one. It prevents the States, or the United States, however, from giving preference, in this particular, to one citizen of the United States over another on account of race, color, or previous condition of servitude. Before its adoption, this could be done. It was as much within the power of a State to exclude citizens of the United States from voting on account of race, &c., as it was on account of age, property, or education. Now it is not. If citizens of one race having certain qualifications are permitted by law to vote, those of another having the same qualifications must be. Previous to this amendment, there was no constitutional guaranty against this discrimination: now there is. It follows that the amendment has invested the citizens of the United States with a new constitutional right which is within the protecting power of Congress. That right is exemption from discrimination in the exercise of the elective franchise on account of race, color, or previous condition of servitude. This, under the express provisions of the second section of the amendment, Congress may enforce by "appropriate legislation."
White supremacists, such as the Ku Klux Klan (KKK), used paramilitary violence to prevent blacks from voting. A number of blacks were killed at the Colfax massacre of 1873 while attempting to defend their right to vote. The Enforcement Acts were passed by Congress in 1870–1871 to authorize federal prosecution of the KKK and others who violated the amendment. However, as Reconstruction neared its end and federal troops withdrew, prosecutions under the Enforcement Acts dropped significantly. In United States v. Cruikshank (1876), the Supreme Court ruled that the federal government did not have the authority to prosecute the perpetrators of the Colfax massacre because they were not state actors.

Voter registration card, Alamance County, North Carolina, 1902, with statement from registrant of birth before January 1, 1867, when the Fifteenth Amendment became law

Congress further weakened the acts in 1894 by removing a provision against conspiracy. In 1877, Republican Rutherford B. Hayes was elected president after a highly contested election, receiving support from three Southern states in exchange for a pledge to allow white Democratic governments to rule without federal interference. As president, he refused to enforce federal civil rights protections, allowing states to begin to implement racially discriminatory Jim Crow laws. A Federal Elections Bill was successfully filibustered in the Senate.

Post-Reconstruction

From 1890 to 1910, poll taxes and literacy tests were instituted across the South, effectively disenfranchising the great majority of black men. White male-only primary elections also served to reduce the influence of black men in the political system. Along with increasing legal obstacles, blacks were excluded from the political system by threats of violent reprisals by whites in the form of lynch mobs and terrorist attacks by the Ku Klux Klan. Some Democrats even advocated a repeal of the amendment, such as William Bourke Cockran of New York.

In the 20th century, the Court began to read the Fifteenth Amendment more broadly. In Guinn v. United States (1915), a unanimous Court struck down an Oklahoma grandfather clause that effectively exempted white voters from a literacy test, finding it to be discriminatory. The Court ruled in the related case Myers v. Anderson (1915), that the officials who enforced such a clause were liable for civil damages.

The Court addressed the white primary system in a series of decisions later known as the "Texas primary cases". In Nixon v. Herndon (1927), Nixon sued for damages under federal civil rights laws after being denied a ballot in a Democratic party primary election on the basis of race. The Court found in his favor on the basis of the Fourteenth Amendment, which guarantees equal protection under the law, while not discussing his Fifteenth Amendment claim. After Texas amended its statute to allow the political party's state executive committee to set voting qualifications, Nixon sued again; in Nixon v. Condon (1932), the Court again found in his favor on the basis of the Fourteenth Amendment.

Following Nixon, the Democratic Party's state convention instituted a rule that only whites could vote in its primary elections; the Court unanimously upheld this rule as constitutional in Grovey v. Townsend (1935), distinguishing the discrimination by a private organization from that of the state in the previous primary cases. However, in United States v. Classic (1941), the Court ruled that primary elections were an essential part of the electoral process, undermining the reasoning in Grovey. Based on Classic, the Court in Smith v. Allwright (1944), overruled Grovey, ruling that denying non-white voters a ballot in primary elections was a violation of the Fifteenth Amendment. In the last of the Texas primary cases, Terry v. Adams (1953), the Court ruled that black plaintiffs were entitled to damages from a group that organized whites-only pre-primary elections with the assistance of Democratic party officials.

President Lyndon B. Johnson signs the Voting Rights Act of 1965

The Court also used the amendment to strike down a gerrymander in Gomillion v. Lightfoot (1960). The decision found that the redrawing of city limits by Tuskegee, Alabama officials to exclude the mostly black area around the Tuskegee Institute discriminated on the basis of race. The Court later relied on this decision in Rice v. Cayetano (2000), which struck down ancestry-based voting in elections for the Office of Hawaiian Affairs; the ruling held that the elections violated the Fifteenth Amendment by using "ancestry as a racial definition and for a racial purpose".

After judicial enforcement of the Fifteenth Amendment ended grandfather clauses, white primaries, and other discriminatory tactics, Southern black voter registration gradually increased, rising from five percent in 1940 to twenty-eight percent in 1960. Although the Fifteenth Amendment was never interpreted to prohibit poll taxes, in 1962 the Twenty-fourth Amendment was adopted banning poll taxes in federal elections, and in 1966 the Supreme Court ruled in Harper v. Virginia State Board of Elections (1966) that state poll taxes violate the Fourteenth Amendment's Equal Protection Clause.

Congress used its authority pursuant to Section 2 of the Fifteenth Amendment to pass the Voting Rights Act of 1965, achieving further racial equality in voting. Sections 4 and 5 of the Voting Rights Act required states and local governments with histories of racial discrimination in voting to submit all changes to their voting laws or practices to the federal government for approval before they could take effect, a process called "preclearance." By 1976, sixty-three percent of Southern blacks were registered to vote, a figure only five percent less than that for Southern whites.

The Supreme Court upheld the constitutionality of Sections 4 and 5 in South Carolina v. Katzenbach (1966). However, in Shelby County v. Holder (2013), the Supreme Court ruled that Section 4(b) of the Voting Rights Act, which established the coverage formula that determined which jurisdictions were subject to preclearance, was no longer constitutional and exceeded Congress's enforcement authority under Section 2 of the Fifteenth Amendment. The Court declared that the Fifteenth Amendment "commands that the right to vote shall not be denied or abridged on account of race or color, and it gives Congress the power to enforce that command. The Amendment is not designed to punish for the past; its purpose is to ensure a better future." According to the Court, "Regardless of how to look at the record no one can fairly say that it shows anything approaching the 'pervasive,' 'flagrant,' 'widespread,' and 'rampant' discrimination that faced Congress in 1965, and that clearly distinguished the covered jurisdictions from the rest of the nation." In dissent, Justice Ruth Bader Ginsburg wrote, "Throwing out preclearance when it has worked and is continuing to work to stop discriminatory changes is like throwing away your umbrella in a rainstorm because you are not getting wet." While the preclearance provision itself was not struck down, it will continue to be inoperable unless Congress passes a new coverage formula.

Operator (computer programming)

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