Following the American Civil War, three Reconstruction Amendments were ratified between 1865 & 1870. The 13th Amendment, was adopted on December 18, 1865 and abolished slavery. The 14th Amendment, adopted on July 9, 1868, grants citizenship to anyone born or naturalized in the United States and guarantees every person due process and equal protection rights. The 15th Amendment, ratified on February 3, 1870, prohibits governments from denying the right to vote based on race, color, or previous position of servitude (slavery).
Given that the lives and political rights of newly freed slaves continued to be threatened, three Enforcement Acts were passed between 1870 & 1871. These acts protected African Americans’ rights to vote, hold office, and serve on juries, and also allowed the federal government to intervene in states that did not abide by the law. And yet, the United States did not live happily ever after.
From 1868 to 1888, actual electoral fraud and violence worked to suppress the African American vote in the South. In 1890, Jim Crow Laws were enacted enforcing racial segregation in the South. The southern states then amended their constitutions and passed legislation to enact various voter restrictions such as literacy tests, poll taxes, property ownership requirements, moral character tests, and grandfather tests which allowed people to vote only if their grandfather had voted (excluding African Americans as their grandfathers had been slaves.)
This continued until the 1950s at the onset of the Civil Rights Movement which put pressure on the federal government to protect the voting rights of racial minorities. The Civil Rights Act of 1957 passed, which authorized the Attorney General to sue on behalf of person who was having their 15th Amendment Rights restricted. The Civil Rights Act of 1960 introduced penalties for anyone obstructing someone’s right to vote. The Civil Rights Act of 1964 further outlawed discrimination, unequal voter registration requirements, and racial discrimination in schools, the workplace, and public accommodations.
And yet, oppostion still found ways to suppress the African American vote. So, following the 1964 elections, when the Democrats found control of both chambers of Congress, John F. Kennedy’s successor, Lyndon B. Johnson, privately instructed Attorney General Nicholas Katzenbach to draft the “goddamndest toughest voting rights act that you can.” The Voting Rights Act of 1965 was introduced to Congress while civil rights leaders, under the protection of federal troops, led 25,000 people in a march from Selma to Montgomery.
The Act, yet again, prohibits racial discrimination in voting and secures voting rights for racial minorities, especially in the South. It prohibits states and local governments from imposing any law that results in discrimination. It specifically outlaws thing like literacy tests and other legislation listed above.
So, we’re good now, right? Of course not. Because in recent years, thinly veiled attempts at suppressing the African American vote have sprouted up in the form of Voter ID laws. And, in 2013, the Supreme Court struck down the portion of the law that would prohibit states from changing their election laws without advance federal approval. This allowed states like Texas to immediately enact their previously blocked Voter ID Law and redistrict their state without federal approval.
The claim is that Voter ID laws are common sense and that they prevent voter fraud despite the fact that multiple sources have found instances of voter fraud to be rare. From 2000 to 2014, there were only 31 instances out of 1 billion ballots cast that would have been prevented by voter ID laws. In-person voter fraud, as it currently happens, would have no chance of swinging an election.
What does swing elections? Voter ID laws (which happen to be rather expensive as well as discriminatory). Voter ID laws disproportionately exclude minorities, young people, low-income voters, seniors, and women. Voter ID laws are the modern day version of literacy tests, property ownership requirements, and grandfather tests.
Here is where the candidates stand on voting rights.
Clinton: Clinton’s plan is to automatically register voters when they turn 18 unless they opt out and make sure voter registrations are accurate and secure. She wants to restore the Voting Rights Act and fight back against voting restrictions. She wants to set a national standard for early voting.
Trump: Trump has become the mouthpiece for spouting the false rhetoric that the election will be rigged and stolen through voter fraud despite all evidence to the contrary. Despite being behind in every poll following his post-RNC surge, he perpetuates that the only way he can lose is if cheating goes on. So, he pushes voter ID laws by arguing that, without them, voters will vote 15 times for Hillary.