Chapter 6 Voters and Voting Behavior Honors Classes, Sept. 20, 2013

1. Chapter 6Voters and Voting BehaviorHonors Classes, Sept. 20, 2013

2. Who decides who can vote? • The states… • …thanks to federalism: • The Constitution does not give the federal government the right to say. • That’s left up to the states, as long as they’re acting constitutionally. • Whoever can vote in a state election can vote in a national election. • The states get to say who can vote in a state election (sort of).

3. Federal limits on States’ powers • The Constitution prohibits discrimination in several ways (remember the 15th, 19th, 23rd, 24th, and 26th amendments). • And Congress can pass laws like the Voting Rights Act, using the “equal protection” clause of the Constitution.

4. The expansion of voting rights

5. So who can vote in Alabama? You must – • Be a United States Citizen • Reside in Alabama • Be at least 18 years old • Have not been convicted of a “disqualifying felony” (or have rights restored) • Have not been legally declared "mentally incompetent" by a court

6. To get a registration form… …either see your teacher or go to http://www.sos.state.al.us/elections/voterregistrationinfo.aspx. • You also can register at any of the following: • Driver's licensing office • County and select municipal public libraries • Department of Human Resources • WIC Program, Department of Public Health • Medicaid Agency • Department of Rehabilitation Services

7. It’s so easy to vote b/c of the… … “Motor Voter Law,” which became effective in 1995. • That law made it easier to register by allowing you to do at DMV (hence the name), by mail, at welfare and other social services agencies.

8. Should we require more? • First in-class debate: Resolved: No person should be allowed to vote unless he or she has passed a citizenship test that is prepared by the state in which the person seeks to vote.

9. Alright, so you cleared the first hurdle… • Congratulations! You’re registered. Does this automatically mean you can vote? NO! You must also satisfy the Alabama Voter ID requirements.

10. Voter ID requirements in AL • Alabama driver's license or non-driver ID card • Photo voter ID card or other valid ID card issued by any state or the federal government , as long as it contains a photo • U.S. passport • Government employee ID card with a photo • Student or employee ID card issued by a college or university in the state, provided it includes a photo • U.S. military ID card containing a photo • Tribal ID card containing a photo

11. What if you don’t have a valid ID? • Vote a provisional ballot or vote a regular ballot if s/he is identified by two election officials as an eligible voter on the poll list, and both election workers sign a sworn affidavit so stating.

12. What if you’re absent? Alabama Absentee Voting Procedure • http://www.sos.state.al.us/Elections/AbsenteeVotingInfo.aspx

13. Second in-class debate Resolved: The new Alabama Voter ID law discriminates against certain groups of people in a way that is designed to help Republicans.

14. Is the photo ID requirement a new poll tax? • Sec. of State Beth Chapman: “Voters can go to the Department of Public Safety office in their county and get a free non-drivers identification card. The secretary of state will reimburse Public Safety for the cost. Voters can also go to their local Board of Registrars office and get a free photo voter ID there.  “In both places, people will have to submit proof of identification and a form attesting that they do not possess one of the accepted forms of ID required by the Alabama law.” http://blog.al.com/wire/2013/06/state_to_provide_free_ids_unde.html • But what if you lack to other acceptable forms of ID?

15. Attempts to disenfranchise through the ages • Note wording of 15th Amendment: “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.” • Some states got around this in several ways, all of which could arguably be said to disenfranchise on some basis other than race, color, or prior status as a slave.

16. The poll tax • Pay a tax in order to vote. • A seemingly small sum (as little as $1 a year in some states; worth about $28 today), but it was estimated to reduce black turnout by 50% and overall turnout by 20-25%. • Outlawed in federal elections by the 24th Amendment. • Outlawed in state elections in 1966 (see Harper v. Virginia Board of Elections). Violated “equal protection” clause of the 14th Amendment.

17. Literacy tests • Had to pass a test in order to vote. • Can you pass Alabama’s? See http://kpearson.project.tcnj.edu/interactive/imm_files/test.html. • http://www.crmvet.org/info/litques.htm • And here’s the real kicker: depending on who gave you the test, it didn’t matter how well you did. • Outlawed in 1970 amendments to Voting Rights Act of 1965.

18. Grandfather clauses • Typical clauses: those who (a) could vote, (b) were in a foreign country, or (c) fought in the war prior to 1867 (and their descendants) would be exempt from educational, property, or tax requirements for voting. • The 15th Amendment was ratified in 1870. • Grandfather clauses were passed by 7 Southern states between 1895 and 1910. • Guinn v. Oklahoma struck them down in 1915.

19. White-only primaries • The 1st Amendment gives us the right to associate with whomever we want, right? (Actually, it gives us the right “peaceably to assemble.”) • Primaries are just a bunch of folks peaceably assembling, right? • So we should be able to exclude anyone we want, right? • Wrong! Smith v. Allwright(1944) said that all-white primaries are unconstitutional.

20. Gerrymandering • What is it? Drawing electoral district lines. • Ex:

21. Gerrymandering (cont.) • Can be done legally; in fact, the lines are re-drawn frequently, usually to solidify the power of the party that controls a given state. • “Packing” & “cracking” okay unless done to discriminate.

22. Gerrymandering (cont.) • But if done to discriminate on basis of race, it’s illegal. See Gomillion v. Lightfoot (1960) (redrew a square into a 28-sided something). • Also, can’t have “malapportioned” districts. See Wesberry v. Sanders (1964) (one district with 3x the voters as another is unconstitutional).

23. Government’s response (in addition to USSC cases) • Voting Rights Act of 1965, as amended (including preclearance) • Applied to all elections – federal, state, and local. • Plus the 24th Amendment

24. So we have the right; do we exercise it? • Your text points out that “idiot” comes from the Greek word meaning citizens who did not vote.

25. So are we idiots? Kinda.

26. Why don’t we vote? • Some can’t. • Resident aliens. • Disabled. • Mentally incompetent. • Felons. • Unexpected travel. • Religious objections.

27. Why don’t we vote (cont.) • Others won’t. • Lack of interest. • Low sense of political efficacy. • “My vote doesn’t matter.” • Or maybe they’re in a far-western time zone. • Hurdles seem too high • Registration requirements • Waiting to vote

28. Third in-class debate Resolved: Voting should be mandatory in the United States.

29. How about a national holiday to vote? Pros and cons of making election day a national holiday: http://www.businessweek.com/debateroom/archives/2008/10/election_day_should_be_a_holiday.html