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Voting Rights
iCivics
The early years
When America was founded, the Constitution didn’t say who could and could not
vote. Instead, it left it up to each state to decide.

So who could vote at America’s founding?

In most cases, states allowed free, white, landowning men

over the age of 21 to vote.
Isn’t that strange?
The qualifications for voting really weren’t that strange. After all, colonists had
borrowed many of their political customs from England.

In 18th century England:

- No women could vote.

- No one under the age of 21 could vote.
- Men had to own a certain amount of land to vote.
- In fact, less than 5% of the population was allowed to vote.
- Members of Parliament believed they “virtually represented” anyone who
couldn’t vote for them.
But why those rules?
Those who have the power make the rules.

And those in power believed that landowners were the only ones “responsible”
and “independent” enough to make political decisions.
Turn and Talk
So, what do you think...

What reasons might support that landowners would be

responsible, independent voters?

Can you think of reasons to support that non-landowners

could also be responsible, independent voters?
So, who couldn’t vote?
In many cases, these people were
Was this the case
left out: everywhere?
- Anyone under 21 No. The 1776 New Jersey State
- Poor white men Constitution said that any adult
- Women property owner could vote. By
- Black people 1807, though, the state limited
- American Indians voting to free, white, male property
owners who were 21 years of age
and older.
Paul Cuffee
Paul Cuffee was a free Black and Wampanoag

Source: Library of Congress

Indian man born in Massachusetts. In 1780, he
petitioned the state legislature to give Black
people and American Indians the right to vote. He
argued that, because they were tax-paying
citizens, they should be allowed to vote. The
petition was denied. But by 1783, the state’s
Constitution allowed all male citizens to vote.

Captain Paul Cuffee 1812 / engraved for

Abrm. L. Pennock by Mason & Maas.
Turn and Talk...
According to the law, you’re too young to vote right now.
But if you and kids across the country could vote, how
do you think laws about schools might change?
Political Voice = Political Power
Voting gives you a voice!

When people vote, representatives in our

government listen. They work on behalf
of the people who can vote for them.

Turn and Talk… How do you think the representatives in our early
government worked to protect those who couldn’t vote?
Representation = Protection
In early America, the government didn’t really work for those who couldn’t vote,
despite their contributions to the country.

● Human enslavement continued.

● Women had virtually no rights equal to men.
● The government removed American Indians
from their land.

To put it simply, “no vote” meant “no representation”. And no representation meant
little to no protection for those groups’ rights and interests.
So, how did things change?
Voting rights changed in two ways:

1) By changing state laws

2) By amending the U.S. Constitution

Groups had to work to gain support and change people’s minds about who should
be allowed to vote.
Voting rights
expanded AND
contracted over time...

Let’s take a look at how

things changed.
You don’t have to own land!
Over time, states dropped the requirement that
voters had to own property.

Some states acted faster than others. New Hampshire

got rid of the property requirement in 1792.

Rhode Island did not change until 1843.

But still, for the most part, only white men over
the age of 21 could vote.
Human Enslavement Outlawed
After the Civil War ended in 1865, the 13th Amendment was added to the
Constitution. It made slavery illegal.

But southern states still didn’t treat Black people fairly.

They passed Black Codes—laws that kept White
people in power by limiting what Black people could do.

Congress stepped in to help protect Black people’s

rights. They passed Reconstruction acts. These
laws gave Black men the right to vote and run for
political office.
Black Political Power
For the first time, large numbers of Black people

Source: Library of Congress

were able to vote and participate in government.

From 1867-1877, 16 Black men were elected to

Congress, more than 600 to southern state
legislatures, and hundreds to local government
positions. Historians estimate that during
Reconstruction almost 2,000 Black men held a
political office.

"The first vote" drawn by A.R. Waud.

Black Political Power
Black people joined Union Leagues—civic organizations
that organized around political issues important to Black
communities like education, land rights, and serving on juries.
The 15th Amendment
Congress also worked to pass an amendment to the U.S. Constitution. The 15th
Amendment was passed in 1870, five years after the end of the Civil War.

The Amendment states, “The right of

citizens of the United States to vote
shall not be denied… on account
of race, color or previous condition
of servitude.”
Limits to the 15th Amendment
The 15th Amendment said that formerly enslaved Black people could not be
turned away from the polls due to the color of their skin or because they had
been enslaved.

But… this amendment only gave Black men the right to vote.

And… we’ll see that states largely ignored what

the amendment ordered. The government didn’t
enforce it either.
Reconstruction Ends
Black male suffrage—the right to vote—didn’t
last long.

By 1877, Reconstruction had ended. Southern

Source: Library of Congress

states passed new laws limiting Black people
from voting. And white supremacy hate groups
like the Klu Klux Klan (KKK) used violence and
terror to scare Black men away from voting.

“The color line still exists - in this

case” Harper's Weekly 1879
Whaaaaatt?!? But isn’t the Constitution the law?
Yes, but the amendments weren’t enforced. States
and counties created voting laws that used literacy
tests, poll taxes, and qualifications like the
grandfather clause to determine who could vote.

Theoretically, these laws applied to everyone since

they didn’t mention race. But, in reality, they were used
to keep Black people from voting. The laws made voting
virtually impossible for Black people.
Barriers to the African American Vote
States and individual counties used many different methods to prevent Black
people from voting.

● Limited opportunities to register to vote

● Unfair tests at the polls
● Personal information shared with groups like the KKK and employers
● Threats of violence toward voters’ families and homes
● Arrests and beatings by the police for protesting
Literacy Test
The literacy test was one type of poll test that was given in some locations.
Voters were tested on their reading skills.

Like with the other tests, white voters always passed while Black voters
usually failed.

Registration workers chose the questions and could

decide whether the answers were right or wrong.
The goal was always for Black voters to fail.
 Source: National Museum of American History
Example

Literacy
Test
of a
 Turn and Talk:
Poll Test What makes
In some places, poll tests these voter
asked voters to correctly qualifications
guess the number of jelly unfair?
beans in a jar before they
are allowed to vote.

Other tests asked voters to Grandfather Clause

guess the number of
bubbles in a bar
The Grandfather Clause stated that you only
of soap!
had the right to vote if your grandfather also had
the right to vote.
 of America
Source: Digital Public Library
The Poll Tax
The poll tax required voters
to pay for the ability to vote.

It usually cost about $1-2.

But a voter might have to pay This poll tax receipt from a Tennessee election in 1939 shows that
the tax for multiple years, or voting costed $2.00 that year.

months in advance, or
in-person at the sheriff's
$1.50 $37.45
office before they could register
to vote.
1939 = Today
Turn and Talk...
Poll taxes, literacy tests, and the grandfather clause didn’t
need to mention race to work. Why were these qualifications
hard for Black people to meet but not White people?
The Women’s Vote
Federally (that means nationwide), women won the right to vote in August of 1920.

But much earlier, women were successful in getting 27 states to amend their
constitutions or pass laws giving them the right to vote.

Women first gained voting rights in Wyoming in 1869, more than 50 years before
an amendment was added to the U.S. Constitution.
Turn and Talk...
Why do you think some women focused on gaining the right to vote in their state?

Why do you think others pushed for a

national amendment?

Which strategy do you think was best?

The 19th Amendment

African American History and Culture

Source: Smithsonian National Museum of
The 19th Amendment said, “The right of citizens
of the United States to vote shall not be denied…
on account of sex.”

Many women—White, Black, and Native, among

others—worked to achieve women’s suffrage.

But... many women of color living in states with

literacy tests and poll taxes were still denied the
right to vote, despite what the 15th and 19th
Amendments said.
Banner with the motto of the National
Association of Colored Women’s Clubs
 Notable Suffragettes ● Frances Ellen Watkins Harper
● Mary Louise Bottineau Baldwin
Women who worked for the right to vote were called suffragists.
● Matilda Josyln Gage
You might know the names Susan B. Anthony, Elizabeth Cady
● Sojourner Truth
Stanton, and Alice Paul.
● Zitkala-Sa
Here are some more names you should know! ● Mary Ann Shadd Cary
● Martha Hughes Cannon
● Dr. Mabel Ping-Hua Lee
Source: National Park Service

● Mary Church Terrell

● Nina Otero-Warren
● Annie Smith Peck
● Nannie Helen Burroughs
● Susette La Flesche Tibbles
● Ida B. Wells-Barnette
● Angelina Weld Grimké
● Jovita Idár
Ida B. Wells-Barnette Nina Otero-Warren Dr. Mabel Ping-Hua Lee
Ideas of Women Suffrage
Suffragists like Elizabeth Cady Stanton and Matilda Joslyn Gage were inspired by
the six nations of the Iroquois Confederacy—the Onondaga, Mohawk, Seneca,
Cayuga, Oneida, and Tuscarora Nations.

These American Indian Nations organized their government and

family around women. Women chose the chief and could remove
him! They also, made decisions about war.

Despite their influence on women’s suffrage, many native women

were not recognized as American citizens and were not allowed to
vote when the 19th Amendment passed.
The Native Vote
Despite being native to the land, members of

Source: Library of Congress

Native nations were not considered citizens of
the United States until 1924. Before that, they
were only considered members of their own
tribal governments.

“In the land that was once his

own—America. ...There never was a
time more opportune than now for
America to enfranchise the Red man!”
-Zitkála-Šá (1919)
The Native Vote
In 1924, President Calvin Coolidge signed
the Indian Citizenship Act. 40

This gave members of American Indian nations

the rights and privileges of American citizenship, but
it still took nearly 40 years for all 50 states to guarantee
them the right to vote.

Despite the 15th Amendment which said that the right of citizens to vote couldn’t
be denied on account or race or color, states denied voting rights to American
Indians.

American Indians worked state by state to gain suffrage.

Washington, D.C. Voting Rights
Residents of the District of Columbia did not get the right to vote in presidential
elections until the 23rd Amendment was ratified in 1961. This is because
Washington, D.C. is not a state.

Source: Library of Congress

Before that, men and women living in
Washington, D.C. couldn’t vote for the
president and vice president unless they
were registered voters in another state.

The Washington Monument in D.C.

The Civil Rights Movement
Despite what the 15th Amendment said about protecting the right to vote for
citizens of color, poll taxes, literacy tests, and the grandfather clause kept Black
people from voting for almost 100 years.

Black people challenged these laws for many years. In the 1950s and 60s, the
Civil Rights Movement began to grow. Black people demanded that the
government guarantee them equal rights and end discrimination in voting, in
schools, and in public places.

People were jailed, beaten, and died fighting for the right to vote.
Voting Laws Change
The 24th Amendment was added
to the Constitution in 1964.

Source: Library of Congress

It banned the use of poll taxes in
elections.

In addition to being used to

prevent Black people from voting,
poll taxes were difficult for poor
Whites to pay.
“Citizens being checked to verify payment of poll tax” in
1944.
Voting Laws Change

Courtesy: PhotoQuest/Getty Images

The Voting Rights Act was signed by
President Lyndon B. Johnson in 1965.

This law:

● protected the right to vote for

all citizens
● forced the states to obey the
Constitution
● reinforced the 15th Amendment Georgia voters line up to register.
The Voting Rights Act
In 1975, the Voting Rights Act was amended to also
protect “language minority citizens” like Latino,
Asian, and American Indians by requiring that states
provide ballots and information in additional
languages.
Shelby County v. Holder (2013)
In 2013, the Supreme Court ruled in Shelby County v. Holder that some parts of
the Voting Rights Act were unconstitutional.

It said allowing Congress to ensure that states’ election laws didn’t discriminate
made sense in the 1960s and 70s, but the same monitoring isn’t needed
today—not unless Congress changes how they determine which states need their
laws checked. The Court said power should be left to the states to oversee their
elections. Five justices agreed.

Four justices disagreed. They said that Congress has the power to enforce the
14th and 15th Amendments by passing laws like the Voting Rights Act and that
voter discrimination had decreased because of the act itself.
Voting Laws Today
Today, some state voting laws work to reduce voter participation especially for communities of
color, low income, and the elderly. While some argue that these laws prevent voter fraud, research
has found that, in general, instances of voter fraud are low and not widespread.

Strict voter ID laws require voters to show certain types of ID when they vote.
The IDs may be costly or hard for some people to get.

Physical address laws require voters to have a physical address. American

Indians living on reservations often have a P.O. Box address, which doesn’t meet
the requirements.

Polling place closures or reducing voting hours can make it inconvenient for
residents to vote.
Changing the Voting Age
In the 1960s and 1970s, thousands
of young men were drafted to fight
in the Vietnam War. Many were too

Source: Library of Congress

young to vote.
The 26th Amendment
The 26th Amendment was passed in 1971.

It says, “The right of citizens of the United States, who are 18 years of age or
older, to vote shall not be denied… on account of age.”

Supporters of this amendment chanted, “Old enough to fight, old enough to vote!”

of American History
Source: National Museum
Buttons worn by people who
supported the ratification of
the 26th Amendment.
Turn and Talk
It took almost 200 years for rich and poor men, Black
people, women, American Indians, and adults 18 and
older to be able to vote in our country. What do you
think helped change the country’s mind about who
could vote over time?
Review Time!
Do you have to own land to vote in the United
States?

Yes No

All land ownership

requirements ended by 1880!
True or False? Rhode Island was the first state to
give women the vote.

True False

Wyoming gave women the

right to vote in 1869.
Forcing people to pay to exercise the right to vote
was called a _________.

Poll Tax Literacy Test

Poll taxes were used to keep

poor African Americans
from voting.
True or False? The Indian Citizenship Act gave
American Indians the right to vote.

True False

It granted American Indians

citizenship, but American Indians
had to work state-by-state to gain
the right to vote.
True or False? The Voting Rights Act reinforced
the 15th Amendment.

True False
After the 15th Amendment, many
states and counties still prevented
Black people from voting. The
Voting Rights Act was written to
remove those barriers.
Which war led to the passage of the 26th
Amendment?

World War II The Vietnam War

Many of the soldiers fighting in
the Vietnam War were too young
to vote. The 26th Amendment
moved the voting age
from 21 to 18.
Are residents of Washington D.C. banned from
voting for the president?

Yes No
Not anymore! The 23rd
Amendment was passed in 1961.
Now people in D.C. can vote for
president and vice president of
the United States.
Our earliest ideas about voting came from
which country?

England France

When the colonists came to

America from England, they
brought many of the ideas and
customs along with them.