CHAPTER 6 GOVERNMENT

VOTERS AND VOTER BEHAVIOR

CHAPTER 6 SECTION 1THE RIGHT TO VOTE

• AFFECTED BY THE 15TH, 19TH, 26TH AMENDMENTS

• SUFFRAGE MEANS THE RIGHT TO VOTE• FRANCHISE IS ANOTHER TERM FOR THE RIGHT

TO VOTE

THE HISTORY OF VOTING RIGHTS-EXPANSION

• RIGHT TO VOTE WAS RESTRICTED TO WHITE MALES WHO OWNED PROPERTY

• ELECTORATE IS THE POTENTIAL VOTING POPULATION

– 230 MILLION PEOPLE QUALIFY TO VOTE • TWO TRENDS CHANGED VOTER QUALIFICATON

1. PROPERTY OWNERSHIP, RACE, GENDER, RELIGIOUS BELIEF, TAX PAYMENT RESTRICTIONS WERE ELIMINATED

2. FEDERAL GOVERNMENT TOOK OVER THE STATES’ POWER OVER THE RIGHT TO VOTE

EXTENDING SUFFRAGE: THE FIVE STAGES

1. RELIGIOUS, PROPERTY OWNERSHIP, TAX PAYMENT RESTRICTIONS WERE ELIMINATED IN THE 1800S

– A MAJORITY OF ALL WHITE MALES COULD VOTE

2. RATIFIED IN 1870, THE 15TH AMENDMENT PROHIBITS ANYONE FROM BEING DENIED TO VOTE BECAUSE OF THEIR RACE OR COLOR

– AFRICAN AMERICANS WERE STILL DISENFRANCHISED MEANING THEY WERE DENIED THE RIGHT TO VOTE

3. THE 19TH AMENDMENT WAS PASSED (1920) TO PROHIBIT VOTING RESTRICTIONS AGAINST CITIZENS BASED ON SEX– WYOMING GAVE WOMEN THE RIGHT TO

VOTE IN 1969 AND BY 1920 MORE THAN HALF THE STATES FOLLOWED SUIT

4. RACIAL EQUALITY WAS GRANTED AFTER THE PASSAGE OF THE VOTING RIGHTS ACTS OF 1965

– 23RD AMENDMENT PASSED IN 1961 GAVE THE VOTERS OF THE DISTRICT OF COLUMBIA THE RIGHT TO VOTE

– 24TH AMENDMENT RATIFIED IN 1964 ELIMINATED THE POLL TAX, A TAX IMPOSED BY STATES AS A QUALIFICATION FOR VOTING

5. THE 26TH AMENDMENT (1971) SET THE VOTING AGE TO 18

THE POWER TO SET VOTING QUALIFICATIONS

• THE POWER TO SET SUFFRAGE QUALIFICATIONS IS RESERVED TO THE STATES WITH FIVE RESTRICTIONS ON THAT POWER

1. A VOTER FOR THE “MOST NUMEROUS BRANCH” OF ITS OWN LEGISLATION MUST ALSO BE ALLOWED TO VOTE FOR REPRESENTATIVES AND SENATORS IN CONGRESS

2. NO STATE CAN DENY ANY PERSON THE RIGHT TO VOTE DUE TO THEIR RACE, COLOR OR PREVIOUS CONDITION OF SERVITUDE-15TH AMENDMENT

3. NO STATE CAN DENY ANY PERSON OF THE RIGHT TO VOTE DUE TO THEIR SEX-19TH AMENDMENT

4. NO STATE CAN DEMAND PAYMENT OF ANY TAX TO TAKE PART IN NOMINATING OR ELECTING AN OFFICEHOLDER-24TH AMENDMENT

5. NO STATE CAN DENY ANY PERSON THE RIGHT TO VOTE IF THEY ARE 18 YEARS OF AGE-26TH AMENDMENT

*STATES CANNOT VIOLATE PROVISIONS IN THE CONSTITION IN SETTING SUFFRAGE QUALIFICATIONS

*HILL VS. STONE (1975)-COURT CASE AGAINST THE TEXAS CONSTITUTION THAT STATED ONLY THOSE PERSONS WHO OWNED TAXABLE PROPERTY COULD VOTE. THE COURT FOUND THE SUFFRAGE QUALIFICATION TO BE UNRESONABLE AND PROHIBITED BY THE 14TH AMENDMENT’S EQUAL PROTECTION CLAUSE.

CHAPTER 6 SECTION 2VOTER QUALIFICATIONS

UNIVERSAL REQUIREMENTS• CITIZENSHIP• RESIDENCE• AGE

• CITIZENSHIP:– ALIENS, FOREIGN-BORN RESIDENTS WHO HAVE

NOT BECOME CITIZENS, ARE NOT ALLOWED TO VOTE BUT THIS IS NOT IN THE CONSTITUTION.

– ANY STATE CAN ALLOW ALIENS TO VOTE IF THEY CHOOSE. SOME STATES ALLOW THOSE WHO HAVE APPLIED FOR NATURALIZATION- APPLIED FOR CITIZENSHIP. OTHER STATES ALLOW ALIENS TO VOTE AS A WAY TO ATTRACT SETTLERS.

– PENNSYLVANIA’S CONSTITUTION SAYS ONE MUST HAVE BECOME A CITIZEN A MONTH BEFORE AN ELECTION IN ORDER TO VOTE

• RESIDENCE– MUST BE A LEGAL RESIDENT IN THE STATE ONE WANTS TO VOTE

IN FOR A CERTAIN PERIOD OF TIME. THE TIME REQUIREMENT IS DONE TO KEEP FROM BRINGING IN ENOUGH OUTSIDERS TO AFFECT THE ELECTION AND TO ALLOW THE NEW VOTERS A CHANCE TO GET TO KNOW THE CANDIDATES AND THE ISSUES.

– 1/3 OF STATES REQUIRE ONE TO LIVE IN THE STATE FOR AT LEAST 30 DAYS.

– VOTING RIGHTS ACT AMENDMENTS OF 1970 BANNED REQUIREMENTS LONGER THAN 30 DAYS FOR VOTING IN PRESIDENTIAL ELECTIONS.

– DUNN VS. BLUMSTEIN (1972) COURT FOUND TENNESSEE’S REQUIREMENT OF A YEAR IN THE STATE AND 90 DAYS IN THE COUNTRY UNCONSTITUTIONAL. THE SUPREME COURT STATED “30 DAYS APPEARS TO BE AN AMPLE PERIOD OF TIME” AND STATES STARTED ACCEPTING THE STANDARD.

– STATES PROHIBIT TRANSIENTS, PERSONS WHO PLAN TO LIVE IN A STATE FOR ONLY A SHORT TIME, FROM GAINING LEGAL RESIDENCE THERE. EXAMPLE: COLLEGE A STUDENT, SOME MAY VOTE IF THEY CLAIM THE CAMPUS COMMUNITY AS THEIR LEGAL RESIDENCE.

• AGE– 26TH AMENDMENT (1971): CITIZENS WHO ARE 18

YEARS OF AGE MAY VOTE– GEORGIA WAS THE FIRST STATE TO ALLOW 18

YEAR OLDS TO VOTE IN 1943 DURING WWII– “OLD ENOUGH TO FIGHT, OLD ENOUGH TO VOTE.”

REGISTRATION

*THE PROCEDURE OF VOTER IDENTIFICATION INTENDED TO PREVENT FRAUDULENT VOTING. IT IS ALSO A WAY OF SEEING WHO IS QUALIFIED TO VOTE AND THEIR PARTY PREFERENCE.

*ONE CAN REGISTER WHEN GETTING A LICENSE, AT CERTAIN EVENTS, OR AT THE COUNTRY CLERK’S OFFICE.

• REQUIREMENTS– ONE IS REQUIRED TO BE REGISTERED TO

VOTE IN ALL THE STATES EXCEPT NORTH DAKOTA

– REGISTRATION INCLUDES PROVIDING NAME, AGE, PLACE OF BIRTH, PRESENT ADDRESS, LENGTH OF RESIDENCE, ETC.

– ELECTION OFFICERS REVIEW THE POLL BOOKS, THE LISTS OF QUALIFIED VOTERS, EVERY TWO OR FOUR YEARS. THIS IS KNOWN AS PURGING.

• CONTROVERSIES– SOME VIEW VOTER REGISTRATION AS A WAY OF

KEEPING POOR AND LESS EDUCATED PEOPLE FROM VOTING, AND THEY USE THE FACT THAT VOTER TURNOUT BEGAN TO DECLINE IN THE EARLY 1900S AS SUPPORT. OTHERS VIEW IT AS A WAY TO PREVENT FRAUD.

– MOTOR VOTER ACT (1995)1. ELIGIBLE CITIZENS CAN REGISTER TO VOTE WHEN

THEY APPLY FOR A DRIVER’S LICENSE.2. VOTER REGISTRATION CAN BE DONE BY MAIL3. REGISTRATION FORMS MADE AVAILABLE AT LOCAL

OFFICES OF STATE EMPLOYMENT, WELFARE, AND SOCIAL SERVICE AGENCIES

– A VOTER CANNOT BE PURGED FOR NOT VOTING– VOTER ID LAWS WERE PASSED TO CONFIRM

VOTER IDENTITY AT THE POLLS

LITERACEY, TAX PAYMENT

• LITERACY-A PERSON’S ABILITY TO READ OR WRITE – VOTER LITERACY IS NO LONGER REQUIRED TO VOTE. IN THE

PAST ONE USED TO HAVE TO BE ABLE TO READ, WRITE, AND IN SOME CASES UNDERSTAND A PASSAGE FROM THE STATE OR FEDERAL CONSTITUTION. THIS WAS DONE TO LIMIT IRISH CATHOLIC IMMIGRANTS AND AFRICAN AMERICANS FROM VOTING.

– GRANDFATHER CLAUSES- STATED THAT ANY MAN, OR HIS MALE DESCENDENTS, WHO HAD VOTED IN THE STATE BEFORE THE ADOPTION OF THE 15TH AMENDMENT COULD VOTE WITH MEETING A LITERACY OR TAXPAYING QUALIFICATION

– OREGON V. MITCHELL (1970) - BANNED THE LITERACY QUALIFICATION

• TAX PAYMENT– ONE FELL UNDER THIS CATEGORY IF THEY OWNED

PROPERTY OR OWNED OTHER THINGS THAT CALLED FOR TAX PAYMENT. THIS WAS DONE TO DISCOURAGE AFRICAN AMERICANS THE RIGHT TO VOTE.

– 24TH AMENDMENT (1964) - BANNED THE POLL TAX AS A CONDITION FOR VOTING IN FEDERAL ELECTIONS AND IN 1966 IT WAS BANNED IN ALL ELECTIONS

• PERSONS DENIED TO VOTE– ALMOST ALL STATES DENY THOSE WHO ARE IN

MENTAL INSTITUTIONS THE RIGHT TO VOTE– MOST STATES TEMPORARILY DISQUALIFY THOSE

WHO HAVE BEEN CONVICTED OF SERIOUS CRIMES– SOME STATES DO NOT ALLOW PEOPLE WHO HAVE

BEEN DISCHARGED FROM THE ARMED FORCES DISHONORABLY TO VOTE

CHAPTER 6 SECTION 3SUFFRAGE AND CIVIL RIGHTS

15TH AMENDMENT (1870)

- ANY CITIZEN CANNOT BE DENIED THE RIGHT TO VOTE BECAUSE OF “RACE, COLOR, OR PREVIOUS CONDITION OF SERVITUDE.”

• HISTORY– VIOLENCE, FIRING FROM A JOB, OR DENYING

FAMILY CREDIT AT STORES WERE OFTEN USED BY WHITES TO KEEP AFICAN AMERICANS FROM VOTING

– OTHER “LEGAL” PRACTICES WERE USED SUCH AS LITERACY TESTS, REGISTRATION LAWS, POLL TAXES, “WHITE PRIMARIES”, AND GERRYMANDERING ( DRAWING ELECTORAL DISTRICT LINES IN A WAY TO LIMIT A PARTICULAR GROUPS VOTING STRENGTH)

• COURT RULINGS– SMITH V. ALLWRIGHT (1944) OUTLAWED THE WHITE

PRIMARY– GOMILLION V. LIGHTFOOT (1960) OUTLAWED THE

PRACTICE OF GERRYMANDERING

EARLY CIVIL RIGHTS LEGISLATION• ACTS OF 1957 AND 1960– CIVIL RIGHTS ACT OF 1957 CREATED THE UNITED STATES

COMMISSION ON CIVIL RIGHTS. THEY INVESTIGATE CLAIMS OF VOTER DISCRIMINATION. IT ALSO GAVE THE ATTORNEY GENERAL THE POWER TO SEEK FEDERAL COURT ORDERS TO HELP PREVENT A PERSON’S RIGHT TO VOTE FROM BEING INTERFERED WITH.

– CIVIL RIGHTS ACT OF 1960 APPOINTED FEDERAL VOTING REFEREES. THEY SERVED WHERE VOTER DISCRIMINATION WAS FOUND. THEY ALSO HELPED QUALIFIED PEOPLE TO REGISTER AND VOTE IN FEDERAL ELECTIONS.

• CIVIL RIGHTS ACT OF 1964– OUTLAWED DISCRIMINATION BY LITERACY TESTS OR IN VOTER

REGISTRATION AND USED INJUNCTIONS, FEDERAL COURT ORDERS THAT FORCES OR RESTRAINS THE PRODUCTION OF SOME ACT BY A PRIVATE INDIVIDUAL OR PUBLIC OFFICIAL

– IN SELMA, ALABAMA (1965) DR. KING ORGANIZED A DRIVE FOR VOTER REGISTRATION TO GET ATTENTION ON THE LACT OF AFRICAN AMERICANS VOTING RIGHTS IN A MARCH TO THE CAPITOL THAT ENDED IN VIOLENCE. ONCE PRESIDENT LYNDON JOHNSON HAD HEARD OF THE VIOLENCE HE URGED CONGRESS TO PASS STRONGER LEGISLATION TO CONFIRM AFRICAN AMERICANS VOTING RIGHTS.

VOTING RIGHTS ACT OF 1965

* DIRECTED THE ATTORNEY GENERAL TO CHALLENGE THE CONSTITUTIONALITY OF REMAINING STATE POLL TAX LAWS IN FEDERAL COURTS. THIS LED TO HARPER V. VIRGINIA BOARD OF ELECTIONS.

* IT POSTPONED THE USE OF LITERACY TESTS IN STATES WHERE LESS THAN HALF OF THE ELECTORATE HAD REGISTERED OR VOTED IN 1964. THE ATTORNEY GENERAL WAS TO APPOINT VOTING EXAMINERS TO SERVE IN THOSE STATES.

• PRECLEARANCE– NEW ELECTION LAWS OR CHANGES IN THE LAWS COULD NOT

BE PUT INTO EFFECT UNTIL THEY RECEIVED PRECLEARANCE, APPROVAL FROM THE DEPARTMENT OF JUSTICE.

– STATES COULD BE REMOVED FROM THE LAW’S COVERAGE THROUGH THE “BAIL-OUT” PROCESS.

• AMENDMENTS TO THE ACT– VOTING RIGHTS ACT AMENDMENTS OF 1970 EXTENDED THE

LAW FOR 5 YEARS UPHELD BY OREGON V. MITCHELL– 1975. LAW EXTENDED AGAIN BUT MADE BAN ON LITERACY

PERMANENT– “LANGUAGE MINORITIES” WERE ALSO BROUGHT TO ATTENTION

AND NOW IN CERTAIN AREAS BALLOTS ARE PRINTED IN ENGLISH AND THE OTHER MINORITY LANGUAGES OF THAT AREA

– 1982. AMENDMENTS EXTENDED FOR 25 MORE YEARS– 1992. THE LANGUAGE-MINORITY PROVISIONS NOW APPLIED TO

ANY COMMUNITY THAT HAD A MINORITY LANGUAGE POPULATION OF 10,000 OR MORE

SECTION 4VOTER BEHAVIOR

NONVOTING• 2008 ONLY 60 PERCENT OF AVAILABLE VOTERS WENT

TO THE POLLS• OFF-YEAR ELECTIONS, CONGRESSIONAL ELECTIONS

HELD IN THE EVEN-NUMBERED YEARS BETWEEN PRESIDENTIAL ELECTIONS, SEE EVEN WORSE VOTING PERCENTAGES

• PEOPLE GET BALLOT FATIGUE, VOTERS CAST FEWER VOTES FOR OFFICES LISTED TOWARD THE BOTTOM OF THE BALLOT. GOVERNSHIP GETS MORE VOTES BECAUSE OF PLACEMENT ON THE BALLOT.

• MORE PEOPLE VOTE ON YEARS OF PRESIDENTIAL ELECTIONS

WHY PEOPLE DO NOT VOTE• “CANNOT-VOTERS”-SOME NONVOTERS DO NOT

ACTUALLY QUALIFY TO VOTE DUE TO AN ILLNESS, PHYSICALLY DISABLED, MENTAL CONDITIONS, RELIGIOUS BELIEFS, IN JAIL/PRISON.

• ACTUAL NONVOTERS– SOME PEOPLE BELIEVE THEIR VOTE MAKES

LITTLE DIFFERENCE

1. PEOPLE BELIEVE THINGS WILL CONTINUE TO GO WELL NO MATTER WHO WINS THE ELECTION

2. OTHER PEOPLE DO NOT TRUST POLITICAL PROCESSES AND MAY FEAR THEM

– REGISTRATION REQUIREMENTS, LONG BALLOTS, LONG LINES, BAD WEATHER, AND TIME-ZONE FALLOUT(PEOPLE MAY HEAR PREDICTED WINNER AND GET DISCOURAGED) ARE ALSO REASONS PEOPLE CHOOSE TO NOT VOTE

• COMPARING VOTERS AND NONVOTERS– VOTERS ARE GENERALLY MARRIED, HAVE AN

EDUCATION, AND HAVE A HIGHER INCOME• HIGH POLITICAL EFFICIACY(A PERSON’S

INFLUENCE OR EFFECTIVENESS IN POLITICS) AND HIGH COMPETITION BETWEEN CANDIDATES MAKES PEOPLE WANT TO VOTE

– NONVOTERS ARE GENERALLY UNMARRIED, YOUNGER THAN 35, AND UNSKILLED

• MEN ARE LESS LIKELY TO VOTE THAN WOMEN

VOTERS AND VOTER BEHAVIOR

• STUDYING VOTING BEHAVIOR

1. RESULTS OF PARTICULAR ELECTIONS

2. THE FIELD OF SURVEY RESEARCH

3. STUDIES OF POLITICAL SOCIALIZATION, THE PROCESS BY WHICH PEOPLE GAIN THEIR POLITICAL ATTITUDES AND OPINIONS

• FACTORS THAT INFLUENCE VOTERS– SOCIOLOGY-VOTER’S PERSONAL

CHARACTERISTICS AND GROUP AFFILIATIONS– PSYCHOLOGY-VOTER’S PERCEPTIONS OF

POLITICS

SOCIOLOGICAL FACTORS

• INCOME AND OCCUPATION– THOSE WITH HIGHER INCOMES AND ARE

PROFESSIONAL/BUISNESS PEOPLE TEND TO VOTE REPUBLICAN

– THOSE WITH LOWER INCOMES AND HAVE JOBS LIKE A MANUAL WORKER TEND TO VOTE DEMOCRAT

• EDUCATION– COLLEGE GRADUATES VOTE FOR REPUBLICANS IN

HIGHER PERCENTAGES THAN HIGH SCHOOL GRADUATES BUT HIGH SCHOOL GRADUATES TEND TO VOTE FOR REPUBLICANS IN HIGHER PERCENTAGES THAN THOSE WHO HAVE ONLY COMPLETED GRADE SCHOOL

• GENDER, AGE– GENDER GAP, MEASURABLE DIFFERENCES BETWEEN

PARTISAN CHOICES OF MEN AND WOMEN– VOTE DIFFERENTLY BASED ON CERTAIN ISSUES

• RELIGION, ETHIC BACKGROUND– EVENTS THAT HAPPENED IN THE PAST OR CERTAIN

DOCUMENTS AFFECTING THAT RELIGION EFFECTS HOW PERSONS OF THOSE RELIGIONS VOTE

• GEOGRAPHY– BIG CITIES TEND TO VOTE DEMOCRATIC WHILE

SUBURBAN ARES AND SMALLER CITIES TEND TO VOTE REPUBLICAN

• FAMILY AND OTHER GROUPS– ONE GENERALLY VOTES THE SAME WAY THEIR

PARENTS, CO-WORKERS, AND FRIENDS VOTE

PSYCHOLOGICAL FACTORS

• PARTY IDENTIFICATION-LOYALTY OF PEOPLE TO A PARTICULAR POLITICAL PARTY. MOST PEOPLE CHOOSE A PARTY EARLY IN LIFE AND STAY WITH THEM.– STRAIGHT-TICKET VOTING IS THE PRACTICE OF

VOTING FOR CANDIDATES OF ONLY ONE PARTY IN AN ELECTION

– AN INCREASE HAS OCCURRED OF SPLIT-TICKET VOTING. THE PRACTICE OF VOTING FOR THE CANDIDATES OF MORE THAN ONE PARTY IN AN ELECTION.

– INDEPENDENTS ARE ALSO INCREASING. THOSE PEOPLE WHO HAVE NO PARTY AFFILIATION.

• CANDIDATES AND ISSUES– SHORT-TERM FACTORS CAN CAUSE A

VOTER TO LEAVE A PARTY OR TO HAVE A SPLIT TICKET

• HOW VOTERS SEE THE CANDIDATE’S IMPRESSION AND THE OPPOSING CANDIDATE

• HOW THE CANDIDATES PRESENT ISSUES