Constitutional Amendments Affecting Voting Rights

The 15th Amendment gave African American men the right to vote in 1870. But many weren’t able to exercise this right. Some states used literacy tests and other barriers to make it harder to vote.

• The 19th Amendment, ratified in 1920, gave American women the right to vote.
• The 24th Amendment, ratified in 1964, eliminated poll taxes. The tax had been used in some states to keep African Americans from voting in federal elections.
• The 26th Amendment, ratified in 1971, lowered the voting age for all elections to 18.

Federal Voting Rights Laws

Federal laws passed over the years help protect Americans’ right to vote and make it easier for citizens to exercise that right:

• The Civil Rights Acts created some of the earliest federal protections against discrimination in voting. These protections were first outlined by the Civil Rights Act of 1870 and were later amended by the Civil Rights Acts of 1957, 1960 and 1964.
• The Voting Rights Act of 1965 prohibited voter discrimination based on race, color, or membership in a language minority group. It also required certain places to provide election materials in languages besides English.
• The Voting Accessibility for the Elderly and Handicapped Act of 1984 required polling places to be accessible to people with disabilities.
• The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) of 1986 allowed members of the U.S. armed forces and overseas U.S. voters to register and vote by mail.
• The National Voter Registration Act (NVRA) of 1993 created new ways to register to vote. It also called for states to keep more accurate voter registration lists.
• The Help America Vote Act (HAVA) of 2002 authorized federal funds for elections. It also created the U.S. Election Assistance Commission (EAC). The EAC helps states comply with HAVA to adopt minimum standards on voter education, registration, and ballots.
• The Military and Overseas Voting Empowerment (MOVE) Act of 2009 improved access to voting by military and overseas voters.

State Voter ID Laws

Two-thirds of states require you to show some form of identification before you’re allowed to vote. Learn more about states’ voter ID requirements.

What if my name isn’t on the list of registered voters?

Your Rights

1. All voters are entitled to a provisional ballot, even if their names aren’t in the poll book.
2. After Election Day, if election officials find that you are qualified to vote and     registered, they will count your provisional ballot.

What to do

1. Ask the poll worker to double check for your name on the list of registered voters. Spell out your name if necessary.
2. If your name is not on the list, ask if there is a supplemental list of voters.
3. If the poll worker still cannot find your name, request that the poll workers check the statewide system to see if you are registered to vote at a different polling place. If a statewide system is not available, ask them to call the main election office.
4. If you are registered at a different location, in most instances you will have to travel to that location to cast a regular ballot.
5. If the poll worker still cannot find your name or if you cannot travel to the correct polling place, ask for a provisional ballot.

What if I’m a voter with a disability?

Your Rights

1. A voter with a mental disability cannot be turned away from the polls because a poll worker thinks they are not ‘qualified’ to vote.
2. Under federal law, all polling places for federal elections must be fully accessible to older adults and voters with disabilities. Simply allowing curbside voting is not enough to meet the Americans with Disabilities Act’s (ADA) accessibility requirements.
3. In federal elections, every polling place must have at least one system that allows voters with disabilities to vote privately and independently. Machines include those that can read the ballot to those with vision disabilities or dyslexia, and others that allow those with mobility disabilities to vote by pushing buttons.
4. Under federal law, voters with disabilities have the right to receive in-person help at the polls from a person of their choice. The helper must respect the voter’s privacy, and not look at the voter’s ballot unless the voter asks them to do so. They cannot be the voter’s employer, an agent of the voter’s employer, or an agent or officer of the voter’s union. 
5. Election officials (including poll workers) must make reasonable accommodations and provide help as needed.

What to do

1. You can bring a helper to the polling place: a family member, friend, or another person of your choice. Do not bring your employer or an agent of your employer or union.
2. Let the poll workers know that you have a helper when you check in. They may ask you to swear under oath that you have a disability and that you have asked that person to help you. Your helper may also be required to sign a form swearing that they did not tell you how to vote.
3. Tell election officials what you need. For example, if there are long lines and you have a condition or disability that makes it difficult for you to stand in line, ask for a chair or a place to sit while you wait. If the crowds or noise are hard for you, election officials can find a quiet place for you to wait and call you when it’s your turn to vote.
4. Remember that accessibility is the law. 

What if I am not proficient in English?

Your Rights

1. Under federal law, voters who have difficulty reading or writing English may receive in-person assistance at the polls from the person of their choice. They cannot be the voter’s employer, an agent of the voter’s employer, or an agent or officer of the voter’s union. 
2. Counties covered by Section 203 of the Voting Rights Act are required to provide bilingual assistance to voters in specific languages. They must provide poll workers who speak certain languages, and make all election materials and election-related information available in those languages. 

What to Do

1. Bring a family member, friend, or other person of your choice to assist you at the polls. Do not bring your employer, or an agent of your employer or union.
2. If you live in a county that’s required to provide bilingual voting assistance for a language you speak, you can request oral assistance from a bilingual poll worker and ask for voting materials, such as a ballot, in that language.

What if someone is interfering with my right to vote?

Your Rights

1. Under Federal Law, it is illegal for people to: aggressively question voters about their citizenship, criminal record, or other qualifications; falsely represent oneself as an elections official; display false or misleading signs about voter fraud and related criminal penalties; spread false information about voter requirements; target certain members of the population, especially non-English speakers and voters of color.
2. Remember that speaking English or passing any kind of test are not requirements to vote in any state.
3. Counties covered by Section 203 of the Voting Rights Act are required to provide bilingual assistance to voters in specific languages. They must provide poll workers who speak certain languages, and make all election materials and election-related information available in those languages. CHECK HERE to see what linguistic help is available in your county.
4.  

What to do 

1. If faced with harassment, call its attention to poll workers, election officials, and local authorities, if present. They have the authority to intervene during instances of intimidation. (https://www.nytimes.com/2018/11/06/us/politics/reporting-voter-intimidation.html)
2. If faced with an escalation of the conflict or an immediate threat of violence, call 911.