Constitutional Law: Voting rights (Part Five)


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May 11 2022 10 mins  

Young adults.

A third voting rights movement was won in the 1960’s to lower the voting age from twenty-one to eighteen. Activists noted that most of the young men who were being drafted to fight in the Vietnam War were too young to have any voice in the selection of the leaders who were sending them to fight. Some states had already lowered the voting age: notably Georgia, Kentucky, and Hawaii, had already permitted voting by persons younger than twenty-one.

The Twenty-sixth Amendment, ratified in 1971, prohibits federal and state laws which set a minimum voting age higher than 18 years. As of 2008, no state has opted for an earlier age, although some state governments have discussed it. California has, since the 1980s, allowed persons who are 17 to register to vote for an election where the election itself will occur on or after their 18th birthday, and several states including Indiana allow 17-year-olds to vote in a primary election provided they will be 18 by the general election.

Prisoners.

Prisoner voting rights are defined by individual states, and the laws are different from state to state. Some states allow only individuals on probation to vote. Others allow individuals on parole and probation. As of 2012, only Florida, Kentucky and Virginia continue to impose a lifelong denial of the right to vote to all citizens with a felony record, absent a restoration of rights granted by the Governor or state legislature. However, in Kentucky, a felon's rights can be restored after the completion of a restoration process to regain civil rights.

In 2007, Florida legislature restored voting rights to convicted felons who had served their sentences. In March 2011, however, Governor Rick Scott reversed the 2007 reforms. He signed legislation that permanently disenfranchises citizens with past felony convictions. After a referendum in 2018, however, Florida residents voted to restore voting rights to roughly 1.4 million felons who have completed their sentences.

In July 2005, Iowa Governor Tom Vilsack issued an executive order restoring the right to vote for all persons who have completed supervision. On October 31, 2005, Iowa's Supreme Court upheld mass re enfranchisement of convicted felons. Nine other states disenfranchise felons for various lengths of time following the completion of their probation or parole.

Other than Maine and Vermont, all U.S. states prohibit felons from voting while they are in prison. In Puerto Rico, felons in prison are allowed to vote in elections.

Practices in the United States are in contrast to some European nations that allow prisoners to vote, while other European countries have restrictions on voting while serving a prison sentence, but not after release. Prisoners have been allowed to vote in Canada since 2002.

The United States has a higher proportion of its population in prison than any other Western nation, and more than Russia or China. The dramatic rise in the rate of incarceration in the United States, a 500% increase from the 1970s to the 1990s, has vastly increased the number of people disenfranchised because of the felon provisions.

According to the Sentencing Project, as of 2010 an estimated 5.9 million Americans are denied the right to vote because of a felony conviction, a number equivalent to 2.5% of the U.S. voting-age population and a sharp increase from the 1.2 million people affected by felony disenfranchisement in 1976. Given the prison populations, the effects have been most disadvantageous for minority and poor communities.