Fighting to Protect Voting Rights

Last March, Nadia Tamez-Robledo went to a voting site in Houston, Texas, to cast her ballot in the state’s primary. When she arrived a little before 7 p.m., the line to vote extended far outside the building. So she took her place at the end of it—and waited. And waited. And waited. Nearly six hours later, at 12:40 a.m., she was finally able to vote. Dozens of people were still in line behind her.

Tamez-Robledo was one of thousands of Texans who were forced to wait hours to cast their ballots that night. Local officials blamed unexpectedly high voter turnout, malfunctioning voting machines, and understaffing, among other issues. But voting rights experts say the long lines were also evidence of a much bigger problem: voter suppression—efforts to prevent or discourage people from voting.

Last March, Nadia Tamez-Robledo went to a voting site in Houston, Texas. She went there to cast her ballot in the state’s primary. When she arrived a little before 7 p.m., the line to vote stretched far outside the building. So she took her place at the end of it. She waited. And waited. And waited. She finally was able to vote nearly six hours later, at 12:40 a.m. Dozens of people were still in line behind her.

Tamez-Robledo was one of thousands of Texans who were forced to wait hours to cast their ballots that night. Local officials blamed unexpectedly high voter turnout, improperly working voting machines, and understaffing, among other issues. But voting rights experts say the long lines were also evidence of a much bigger problem, voter suppression. That is efforts to prevent or discourage people from voting.

Over the past decade, experts say, voter suppression has become increasingly widespread in the United States. Since 2010, more than two dozen states have changed their voting rules and procedures—for example, by closing voting sites or requiring certain kinds of photo identification to cast a ballot.

Officials in those states say such changes are an attempt to make elections more efficient and to prevent fraud, including people voting under a fake identity. But election law experts say the rules are primarily designed for another purpose—to sway the outcome of elections by making it harder for some people to vote.

“There are policy makers in our country who want to hold on to power—and have put up obstacles to make it harder for certain communities to vote because they don’t think those people are going to vote their way,” says Leigh Chapman. She’s an expert on voting rights at the Leadership Conference on Civil and Human Rights. “[They] don’t want to have an inclusive democracy where everyone can participate and where everyone’s voice can be heard.”

Chapman and many other experts say the tactics now being used to limit access to the polls threaten people’s fundamental rights—and American democracy itself.

Experts say that voter suppression has become very widespread in the United States over the past decade. Since 2010, more than two dozen states have changed their voting rules and procedures. For example, they have closed voting sites or required certain kinds of photo identification to cast a ballot.

Officials in those states say such changes are an attempt to make elections more efficient. They say another reason is to prevent fraud, including people voting under a fake identity. But election law experts say the rules are mainly designed for another reason. The purpose is to sway the outcome of elections by making it harder for some people to vote.

“There are policy makers in our country who want to hold on to power—and have put up obstacles to make it harder for certain communities to vote because they don’t think those people are going to vote their way,” says Leigh Chapman. She is an expert on voting rights at the Leadership Conference on Civil and Human Rights. “[They] don’t want to have an inclusive democracy where everyone can participate and where everyone’s voice can be heard.”

Chapman and many other experts say the tactics now being used to limit access to the polls threaten people’s basic rights—and American democracy itself.

Throughout U.S. history, different groups and political parties have engaged in voter suppression. The goal was to prevent some Americans, including people of color, immigrants, or simply those with opposing views, from voting. Many such efforts were racist and meant to make sure only white people—and for a long time only white men—had political power.

For nearly a hundred years after the nation’s founding, white men were generally the only people allowed to vote in the U.S. It wasn’t until the 15th Amendment to the U.S. Constitution was ratified in 1870 that Black men were guaranteed suffrage—the right to vote. (Most women, Indigenous people, non-English speakers, and other groups wouldn’t get access to the ballot until decades later.)

Throughout U.S. history, different groups and political parties have taken part in voter suppression. The goal was to prevent some Americans from voting, including people of color, immigrants, or simply those with opposing views. Many such efforts were racist and meant to make sure only white people—and for a long time only white men—had political power.

For nearly a hundred years after the nation was founded, white men were generally the only people allowed to vote in the U.S. That didn’t change until the 15th Amendment to the U.S. Constitution was ratified in 1870. That is when Black men were guaranteed suffrage—the right to vote. Most women, Indigenous people, non-English speakers, and other groups would not get access to the ballot until decades later.

As Black people gained a path to political power, many white politicians, especially in the South, worked to cement control. States there enacted new voting requirements such as literacy tests and fees called poll taxes. White officials knew it would be almost impossible for Black people who had until recently been enslaved—and still lacked fair access to education and work—to overcome those obstacles to vote.

Additionally, Black Americans were sometimes given confusing or downright impossible tasks to gain access to the ballot, such as answering a question about how many bubbles are in a bar of soap. At the same time, white supremacists often threatened, beat, and murdered Black Americans to intimidate them and prevent them from voting.

Such tactics worked for decades. In 1940, just 3 percent of eligible Black Americans were registered to vote in the South.

As Black people gained a path to political power, many white politicians worked to cement control. That was especially true in the South. States there enacted new voting requirements such as literacy tests and fees called poll taxes. White officials knew it would be almost impossible for Black people to overcome those obstacles to vote. That was because Black people had been enslaved until recently, and they lacked fair access to education and work.

Black Americans were sometimes given confusing or impossible tasks to gain access to the ballot, such as answering a question about how many bubbles are in a bar of soap. At the same time, white supremacists often threatened, beat, and murdered Black Americans to frighten them and keep them from voting.

Such tactics worked for decades. In 1940, just 3 percent of eligible Black Americans were registered to vote in the South.

Over the next few decades, Black Americans worked tirelessly, and at great risk, to gain access to voting. During the civil rights movement of the 1950s and ’60s, Black people organized peaceful protests to demand an end to racial injustice—and to be allowed to exercise their constitutional right to vote.

Over the next few decades, Black Americans worked tirelessly, and at great risk, to gain access to voting. During the civil rights movement of the 1950s and ’60s, Black people organized peaceful protests to demand an end to racial injustice. They wanted to be allowed to exercise their constitutional right to vote.

Eventually, Black activists persuaded the government to take action. In 1964, the 24th Amendment to the U.S. Constitution was ratified, outlawing poll taxes. The following year, the federal government passed the Voting Rights Act of 1965, which made discriminatory voting laws, such as those requiring literacy tests, illegal (see sidebar, below). It also required that states and counties with a long record of voting discrimination get special approval—called preclearance—from the U.S. government before changing their voting requirements and procedures.

Experts say the Voting Rights Act was one of the most successful civil rights laws in U.S. history. By 1968, more than 50 percent of the Black voting population was registered to vote in states across the South.

Then, in 2013, the Voting Rights Act was weakened. The U.S. Supreme Court determined in Shelby County v. Holder that the preclearance rule wasn’t needed anymore. By a vote of 5 to 4, the justices ruled that much of the racial discrimination the law had worked to eliminate was no longer a problem.

Black activists eventually persuaded the government to take action. In 1964, the 24th Amendment to the U.S. Constitution was ratified. That outlawed poll taxes. The following year, the federal government passed the Voting Rights Act of 1965. That made discriminatory voting laws illegal, such as those requiring literacy tests (see sidebar, below). It also required that states and counties with a long record of voting discrimination get special approval—called preclearance—from the U.S. government before changing their voting requirements and procedures.

Experts say the Voting Rights Act was one of the most successful civil rights laws in U.S. history. By 1968, more than 50 percent of the Black voting population was registered to vote in states across the South.

Then, in 2013, the Voting Rights Act was weakened. The U.S. Supreme Court determined in Shelby County v. Holder that the preclearance rule was not needed anymore. By a vote of 5 to 4, the justices ruled that much of the racial discrimination the law had worked to eliminate was no longer a problem.

That’s clearly not true, voting rights scholars say, as evidenced by a new wave of discriminatory laws that limit access to voting, particularly for people of color.

For example, nearly 1,700 voting locations across 13 states that were once under the preclearance rule were shut down between 2012 and 2018, according to a recent report. The bulk of those closures—750—were in Texas, and many were in communities with large populations of people of color.

Election officials in Texas say many of those closures were part of a plan to make elections less costly and more convenient. The idea was that there would be fewer polling places overall, but people could cast ballots at any nearby polling location, rather than at just one designated spot.

Yet critics point out that closing polling places often makes it harder to vote. That’s because people may need to travel farther to cast ballots, sometimes many miles from where they live. Fewer polling places can also mean longer lines, like the ones in Texas earlier this year.

In addition, research shows that tens of millions of people have been purged, or removed, from voter registration lists in recent years. While such lists are routinely updated for accuracy, some people were removed in error—and many simply because they voted infrequently. Some cities and states have also begun requiring voters to provide photo identification, such as a current driver’s license, to cast ballots.

Black Americans, Latinx people, and college students are among the groups most threatened by these laws. One reason is that many of those groups are disproportionately represented in lower-paying jobs that don’t offer paid time off, including time to vote. Long lines at the polls can cost people hours of lost wages. People in lower-paying jobs are also less likely to own cars, which can make it harder to travel to a polling place and might mean they do not have a driver’s license.

All told, voter turnout among Black Americans dropped 7 percent from the 2012 presidential election to the 2016 election. Some experts attribute that decline, the largest on record for Black Americans between presidential elections, in part to voter suppression.

That is clearly not true, voting rights scholars say. This is shown by a new wave of discriminatory laws that limit access to voting. They particularly limit access for people of color.

For example, nearly 1,700 voting locations across 13 states that were once under the preclearance rule were shut down between 2012 and 2018, according to a recent report. Many of those closures—750—were in Texas. Many were in communities with large populations of people of color.

Election officials in Texas say many of those closures were part of a plan to make elections less costly and more convenient. The idea was that there would be fewer polling places overall. People could cast ballots at any nearby polling location, rather than at just one specific spot.

Yet critics point out that closing polling places often makes it harder to vote. That is because people may need to travel farther to cast ballots, sometimes many miles from where they live. Fewer polling places can also mean longer lines, like the ones in Texas earlier this year.

In addition, research shows that tens of millions of people have been purged, or removed, from voter registration lists in recent years. While such lists are routinely updated for accuracy, some people were removed by mistake. Many were removed simply because they voted infrequently. Some cities and states have also begun requiring voters to provide photo identification, such as a current driver’s license, to cast ballots.

Black Americans, Latinx people, and college students are among the groups most threatened by these laws. One reason is that many of those groups are disproportionately represented in lower-paying jobs that do not offer paid time off, including time to vote. Long lines at the polls can cost people hours of lost wages. People in lower-paying jobs are also less likely to own cars. This can make it harder to travel to a polling place and might mean they do not have a driver’s license.

All told, voter turnout among Black Americans dropped 7 percent from the 2012 presidential election to the 2016 election. That decline is the largest on record for Black Americans between presidential elections. Some experts say the reason for it, in part, is voter suppression.

In the face of efforts to prevent certain Americans from voting, many state and national leaders, as well as ordinary citizens, are working to protect voting rights and expand access to the polls.

Civil rights groups have sued to overturn many strict voting laws—and courts have ruled that several were in fact discriminatory.

In 2016, for example, a federal court struck down a voting law in North Carolina that included strict voter ID requirements, saying that it was an unlawful effort to “target African Americans with almost surgical precision.”

Many people are also pushing back against claims of voter fraud, which officials often cite as the reason they support strict voting laws. Research has repeatedly shown that voter fraud is virtually nonexistent in the U.S. In one well-known study conducted by election law scholar Justin Levitt, only 31 potential cases of fraud were identified out of more than 1 billion ballots cast between 2000 and 2014.

Meanwhile, many groups are leading campaigns to register voters, educate people about how to follow new voting rules, and get voters to the polls. Some states are also trying to make it easier to vote by expanding early voting and automatically registering people to vote.

Congress is working on this issue as well. Lawmakers have proposed bills that would restore parts of the Voting Rights Act to prevent discriminatory voting laws from being passed in the future.

After all, experts point out, voting is a key principle of democracy. The goal, they say, should be to make sure that everyone can be heard.

“If policy makers really cared about making sure we have an inclusive democracy,” Chapman says, “they would be putting in measures to make voting more accessible and easier for people—instead of trying to make it harder.”

In the face of efforts to keep certain Americans from voting, many state and national leaders are working to protect voting rights and expand access to the polls. So are ordinary citizens.

Civil rights groups have sued to overturn many strict voting laws. Courts have ruled that several were in fact discriminatory.

In 2016, a federal court struck down a voting law in North Carolina that included strict voter ID requirements. The court said that it was an unlawful effort to “target African Americans with almost surgical precision.”

Many people are also pushing back against claims of voter fraud, which officials often give as the reason they support strict voting laws. Research has repeatedly shown that voter fraud is virtually nonexistent in the U.S. One well-known study was done by election law scholar Justin Levitt. It found only 31 potential cases of fraud out of more than 1 billion ballots cast between 2000 and 2014.

Meanwhile, many groups are leading campaigns to register voters, educate people about how to follow new voting rules, and get voters to the polls. Some states are also trying to make it easier to vote by expanding early voting and automatically registering people to vote.

Congress is working on this issue as well. Lawmakers have proposed bills that would restore parts of the Voting Rights Act to prevent discriminatory voting laws from being passed in the future.

After all, experts point out, voting is a key principle of democracy. The goal, they say, should be to make sure that everyone can be heard.

“If policy makers really cared about making sure we have an inclusive democracy,” Chapman says, “they would be putting in measures to make voting more accessible and easier for people—instead of trying to make it harder.”