The Evolution of US Electoral Methods. Michael E. DeGolyer Professor, Government & International Studies Hong Kong Baptist University

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1 The Evolution of US Electoral Methods Michael E. DeGolyer Professor, Government & International Studies Hong Kong Baptist University

2 Evolution of the Right to Vote A. States have traditionally had primary responsibility to register voters and conduct elections. A. Congress has the power to set standards for Federal elections. A. The Federal government has intervened in state supervision of elections irregularly, and both power to intervene and extent of intervention is in dispute.

3 (Pre-Constitutional period) 13 states 6 states: All white men over 21 years of age 7 states: Property/tax paying status required to vote Some states also restricted voting to members of certain churches (Restraints on Catholics and non-christians voting most common)

4 (Early Constitutional Period) 26 states 16 states: All white men over 21 years of age 2 states: Property/tax paying status required to vote 7 states: Various restrictions

5 (Jacksonian Revolution) 29 states 27 states: All white men over 21 years of age 2 states: Property/tax paying status required to vote No religious restrictions remaining 1848: held First women s suffrage convention

6 (Pre-Civil War) 34 states Universal Suffrage for white males achieved 34 states: All white men over 21 years of age (North Carolina last to drop property restrictions in 1856) Some states permit not yet naturalized (ie, non-us citizens) white male immigrants to vote

7 Civil Rights Act (first by Congress to set national standards) grants citizenship but not right to vote to all native born Americans (includes blacks but excludes most American Indians) Wyoming Territory first to grant voting rights in statewide contests to women (not federal offices, but affected Senate selection between 1890 and 1913)

8 th Amendment grants African American men right to vote 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.

9 Jim Crow Laws 1870s-90s Southern states enact poll tax, a tax that had to be paid before voting. In most of those states, poll workers could waive the tax if the man was of good character (that is, was a white man). Literacy tests also enacted that required men to show they had a 5 th grade education or could read (citizens needed to read news and pamphlets to an informed citizen state legislators argued).

10 1896 Louisiana passes grandfather test which required a voter to demonstrate that his grandfather had right to vote. African American voter % drops from 44% of electorate to 4%. S. Carolina, Mississippi, Alabama and Virginia also enact same law.

11 Women s Suffrage Advances 1890 Wyoming becomes 44 th state, but first to grant women full voting rights 1900 Utah, Colorado, Idaho grant women right to vote 1910 Washington grants women right to vote 1911 California grants women right to vote 1912 Referendums grant women right to vote in Arizona, Kansas and Oregon (48 states in US)

12 1913 Progressivism 17 th Amendment stipulates citizens of a state will elect the senators of that state. Ends state legislature and governor s power to choose senators (except in case of vacancies). Progressive Income Tax also enacted

13 Suffrage Rights Grow 1914 Montana and Nevada give women right to vote 1915 Supreme Court interprets US Constitution 15 th Amendment as striking down restrictive voting laws of the various states. Neither Congress nor Executive take action to enforce the ruling New York referendum grants women right to vote N. Dakota, Indiana, Vermont, Rhode Island, Michigan, Ohio, Nebraska and Arkansas grant women limited voting rights in local and/or state elections 1918 Michigan, Oklahoma, S. Dakota referendums grant women right to vote

14 th Amendment to US Constitution grants women right to vote in all states. The right of citizens of the United States shall not be denied or abridged by the United States or any state on account of sex Congress legislates US citizenship to all American Indians born in the United States

15 Civil Rights Era 24 th Amendment to US Constitution prohibits poll taxes 1965 Voting Rights Act authorizes federal government to take over voter registration in areas where state officials had systematically and regularly prevented blacks from registering to vote 1966 Supreme Court rules poll taxes in state elections violate the equal protection clause of the 14 th Amendment

16 th Amendment lowers voting age to 18 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 First African Americans elected to Congress since Reconstruction (1860s and 1870s), from Texas and Georgia

17 1995 National Voter Registration Act requires states to allow citizens to apply to register to vote when they obtain or renew their driver s licenses, by mail or at designated government agencies Congress extends Section 5 of Voter Rights Act for 25 years (deals with certain states & districts with records of discrimination)

18 Republican dominated state legislatures pass record number of restrictions to voting in state legislatures, including photo ID requirements, cuts to early voting and restrictions to voter registration supposedly focused on preventing fraud and voting by non-citizens. Obama Administration contests many of these new laws Case before Supreme Court (Shelby vs Holder) to interpret Constitutionality of Federal power to overturn state voter laws under section 5 of Voting Rights Act.

19 Presidential Elections Early presidents did not campaign or speak to public Jackson first president to run for office with public campaigning (1840s) Lincoln-Douglas debates first presidential debates ( ) 1960 first presidential debate on television

20 Electoral College 538 voters

21 EC proportions

22 Electoral College 538 votes in total Majority vote decides 100 Senators, 435 House members +3 DC votes Disproportionate influence for small states: 3.9% of population, 7.6% of EC votes EC technically those who are elected to vote for President and Vice-President. Electors have changed votes ( unfaithful elector).

23 Presidential Nomination By party conventions Party controls delegate proportions and voting rules Some states have caucus, some primary. All have ex officio votes based on Federal offices and state party offices (Governor, state party leaders) States set rules for ballot listing

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