The Voting Rights Act of 1965 is a landmark piece of federal legislation in the United States that prohibits racial discrimination in voting. It was signed into law by President Lyndon B. Johnson during the height of the civil rights movement on August 6, 1965, and Congress later amended the Act five times to expand its protections. Designed to enforce the voting rights protected by the Fourteenth and Fifteenth Amendments to the United States Constitution, the Act sought to secure the right to vote for racial minorities throughout the country, especially in the South. According to the U.S. Department of Justice, the Act is considered to be the most effective piece of federal civil rights legislation ever enacted in the country. It is also "one of the most far-reaching pieces of civil rights legislation in U.S. history."
A grandfather clause, also known as grandfather policy, grandfathering, or grandfathered in, is a provision in which an old rule continues to apply to some existing situations while a new rule will apply to all future cases. Those exempt from the new rule are said to have grandfather rights or acquired rights, or to have been grandfathered in. Frequently, the exemption is limited, as it may extend for a set time, or it may be lost under certain circumstances; for example, a grandfathered power plant might be exempt from new, more restrictive pollution laws, but the exception may be revoked and the new rules would apply if the plant were expanded. Often, such a provision is used as a compromise or out of practicality, to allow new rules to be enacted without upsetting a well-established logistical or political situation. This extends the idea of a rule not being retroactively applied.
Voting rights in the United States, specifically the enfranchisement and disenfranchisement of different groups, has been a moral and political issue throughout United States history.
Oregon v. Mitchell, 400 U.S. 112 (1970), was a U.S. Supreme Court case in which the states of Oregon, Texas, Arizona, and Idaho challenged the constitutionality of Sections 201, 202, and 302 of the Voting Rights Act (VRA) Amendments of 1970 passed by the 91st United States Congress, and where John Mitchell was the respondent in his role as United States Attorney General. The Supreme Court ruled that the literacy test ban under Section 201, the minimum residency duration requirement for voter registration and the uniform rule for absentee voting in presidential elections under Section 202, and that Congress lowering the voting age in federal elections from 21 to 18 under Section 302 were all constitutional, but that Congress lowering the voting age in state and local elections from 21 to 18 under Section 302 was unconstitutional.
The Redeemers were a political coalition in the Southern United States during the Reconstruction Era that followed the Civil War. Redeemers were the Southern wing of the Democratic Party. They sought to regain their political power and enforce White supremacy. Their policy of Redemption was intended to oust the Radical Republicans, a coalition of freedmen, "carpetbaggers", and "scalawags". They generally were led by the White yeomanry and they dominated Southern politics in most areas from the 1870s to 1910.
Harper v. Virginia State Board of Elections, 383 U.S. 663 (1966), was a case in which the U.S. Supreme Court found that Virginia's poll tax was unconstitutional under the equal protection clause of the 14th Amendment. In the late 19th and early 20th centuries, eleven southern states established poll taxes as part of their disenfranchisement of most blacks and many poor whites. The Twenty-fourth Amendment to the United States Constitution (1964) prohibited poll taxes in federal elections; five states continued to require poll taxes for voters in state elections. By this ruling, the Supreme Court banned the use of poll taxes in state elections.
The Lodge Bill of 1890, also referred to as the Federal Elections Bill or by critics as the Lodge Force Bill, was a proposed bill to ensure the security of elections for U.S. Representatives.
Williams v. Mississippi, 170 U.S. 213 (1898), is a United States Supreme Court case that reviewed provisions of the 1890 Mississippi constitution and its statutes that set requirements for voter registration, including poll tax, literacy tests, the grandfather clause, and the requirement that only registered voters could serve on juries. The plaintiff, Henry Williams, claimed that Mississippi’s voting laws were upheld with the intent to disenfranchise African Americans, thus violating the Fourteenth Amendment. The U.S. Supreme Court did not find discrimination in the state's laws because, even though the laws made discrimination possible, the laws themselves did not discriminate against African Americans. The court found that any discrimination toward African Americans was performed by the administrative officers enforcing the law and that there was no judicial remedy for this kind of discrimination.
White primaries were primary elections held in the Southern United States in which only white voters were permitted to participate. Statewide white primaries were established by the state Democratic Party units or by state legislatures in South Carolina (1896), Florida (1902), Mississippi and Alabama, Texas (1905), Louisiana and Arkansas (1906), and Georgia (1900). Since winning the Democratic primary in the South almost always meant winning the general election, barring black and other minority voters meant they were in essence disenfranchised. Southern states also passed laws and constitutions with provisions to raise barriers to voter registration, completing disenfranchisement from 1890 to 1908 in all states of the former Confederacy.
Disfranchisement after the Reconstruction era in the United States, especially in the Southern United States, was based on a series of laws, new constitutions, and practices in the South that were deliberately used to prevent black citizens from registering to vote and voting. These measures were enacted by the former Confederate states at the turn of the 20th century. Efforts were also made in Maryland, Kentucky, and Oklahoma. Their actions were designed to thwart the objective of the Fifteenth Amendment to the United States Constitution, ratified in 1870, which prohibited states from depriving voters of their voting rights on the basis of race. The laws were frequently written in ways to be ostensibly non-racial on paper, but were implemented in ways that selectively suppressed black voters apart from other voters.
South Carolina v. Katzenbach, 383 U.S. 301 (1966), was a landmark decision of the US Supreme Court that rejected a challenge from the state of South Carolina to the preclearance provisions of the Voting Rights Act of 1965, which required that some states submit changes in election districts to the Attorney General of the United States. The preclearance provisions were ruled constitutional and the Voting Rights Act of 1965 was enforced in full.
Evans v. Cornman, 398 U.S. 419 (1970), was a United States Supreme Court case in which the Court held that to deny people living in federal enclaves the right to vote is a violation of their right to Equal Protection under the Fourteenth Amendment.
Northwest Austin Municipal Utility District No. 1 v. Holder, 557 U.S. 193 (2009), was a decision of the United States Supreme Court regarding Section 5 of the Voting Rights Act of 1965, and in particular its requirement that proposed electoral-law changes in certain states must be approved by the federal government. In a 9–0 decision, the Court concluded that the district was eligible to apply for an exemption (bailout) from this section per Section 4(a), because the definition of "political subdivision" in Section 14(c)(2) included a district of this nature. In an 8–1 opinion, the Court declined to rule on the constitutionality of that provision, citing the principle of constitutional avoidance.
Williams v. Rhodes, 393 U.S. 23 (1968), is a decision by the United States Supreme Court which held that Ohio had violated the equal protection rights under the Fourteenth Amendment of two political parties by refusing to print their candidates' names on the ballot.
N.Y. State Bd. of Elections v. Lopez Torres, 552 U.S. 196 (2008), was a case decided by the United States Supreme Court that involved a constitutional challenge brought against New York State's judicial election law, alleging that it unfairly prevented candidates from obtaining access to the ballot. The Supreme Court rejected this challenge and held that the state's election laws did not infringe upon candidates' First Amendment associational rights. Several concurring justices emphasized, however, that their decision reflected only the constitutionality of the state's election system, and not its wisdom or merit.
Shelby County v. Holder, 570 U.S. 529 (2013), was a landmark decision of the Supreme Court of the United States regarding the constitutionality of two provisions of the Voting Rights Act of 1965: Section 5, which requires certain states and local governments to obtain federal preclearance before implementing any changes to their voting laws or practices; and Section 4(b), which contains the coverage formula that determines which jurisdictions are subject to preclearance based on their histories of discrimination in voting.
Voter suppression in the United States consists of various legal and illegal efforts to prevent eligible citizens from exercising their right to vote. Such voter suppression efforts vary by state, local government, precinct, and election. Voter suppression has historically been used for racial, economic, gender, age and disability discrimination. Before and during the American Civil War, most African-Americans had not been able to vote. After the Civil War, all African-American men were granted voting rights, causing some Southern Democrats and former Confederate states to institute actions such as poll taxes or language tests that were ostensibly not in contradiction to the U.S. Constitution at the time, but were used to limit and suppress voting access, most notably African American communities that made up large proportions of the population in those areas, but in many regions the majority of the electorate as a whole was functionally or officially unable to register to vote or unable to cast a ballot. African Americans' access to registration and voting in the South was often difficult until the Civil Rights Act of 1964, and continues to be a subject of debate.
The women's poll tax repeal movement was a movement in the United States, predominantly led by women, that attempted to secure the abolition of poll taxes as a prerequisite for voting in the Southern states. The movement began shortly after the ratification in 1920 of the Nineteenth Amendment to the United States Constitution, which granted suffrage to women. Before obtaining the right to vote, women were not obliged to pay the tax, but shortly after the Nineteenth Amendment became law, Southern states began examining how poll tax statutes could be applied to women. For example, North and South Carolina exempted women from payment of the tax, while Georgia did not require women to pay it unless they registered to vote. In other Southern states, the tax was due cumulatively for each year someone had been eligible to vote.
Before Election Day of the 2020 United States presidential election, lawsuits related to the voting process were filed in various states. Many of these lawsuits were related to measures taken by state legislatures and election officials in response to the COVID-19 pandemic.
Allen v. Milligan, 599 U. S. 1 (2023), is a landmark United States Supreme Court case related to redistricting under the Voting Rights Act of 1965 (VRA). The appellees and respondants argued that Alabama's congressional districts discriminated against African-American voters. The Court ruled 5–4 that Alabama’s districts likely violated the VRA, maintained an injunction that required Alabama to create an additional majority-minority district, and held that Section 2 of the VRA is constitutional in the redistricting context.
