Although the Civil War concluded and the Emancipation Proclamation was issued in 1863, freedom did not immediately bring the right to vote for newly emancipated Black individuals. It wasn't until the Fourteenth Amendment in 1868 that Black men were recognized as citizens, theoretically granting them the right to vote.
Yet, in practice, they were relentlessly denied this fundamental right at the state level. This persistent injustice compelled Congress to pass the Fifteenth Amendment in 1870, aiming to protect Black men's right to vote. It would take another half-century for women to secure their place in the electorate with the passage of the Nineteenth Amendment in 1920, which prohibited voting discrimination based on sex. The struggle for voting rights was long, arduous, and far from over, but these amendments marked crucial steps toward a more inclusive democracy.
Following the passage of the 15th Amendment and the hopes of Reconstruction, a dark chapter unfolded as several Southern states swiftly enacted laws designed to strip Black Americans of their newfound voting rights. Despite the promise of equality, these laws cruelly sought to silence their voices, casting a shadow over the hard-won victories and leaving a legacy of struggle and resilience in their wake. These were through literacy tests, poll taxes, and even all-white primaries.
During slavery, anti-literacy laws barred enslaved people from learning to read and write. This led to high illiteracy rates in southern states by 1880, where 76% of Blacks in southern states were illiterate compared to 21% of southern whites. Literacy tests were used to suppress Black voters, with voting clerks, always white, deciding who passed based on race. Grandfather clauses exempted illiterate white people from these tests by linking their voting rights to pre-Civil War ancestors.
Poll taxes were used ostensibly to raise state revenue and suppress Black voting rights. In Georgia, a cumulative poll tax introduced in 1877, requiring payment of back taxes to vote, led to a 50 percent drop in Black voter turnout. Understand that In 1880, the average per capita income for Black people in the South was $41.63 for labor and $48.43 for total income. Eleven Southern states enforced these taxes, which were $1 to $2 annually, disproportionately affecting Black voters. For many poor Blacks in the South, participating in elections could be considered an expensive tax. A 1939 Tuscaloosa News editorial even openly supported poll taxes as essential for maintaining white supremacy.
In some southern states like Texas, political parties would exclude Blacks from voting in primaries. Lonnie E. Smith, a Black man, was denied the right to vote in the 1940 Texas Democratic primary; the NAACP's Thurgood Marshall and William H. Hastie challenged it. The case reached the U.S. Supreme Court, which ruled in 1944's Smith v. Allwright that Texas' white primary system was unconstitutional, affirming that voting in primaries without racial discrimination is a constitutional right.
In protest, Black people faced being beaten, arrested, and sometimes killed for voting equality. In 1963 and 1964, Dr. Martin Luther King Jr. led hundreds of Black citizens to the Selma, Alabama courthouse to register to vote. When they were denied, Dr. King organized protests that ultimately shifted the nation's political stance. These efforts led to the passing of the Twenty-fourth Amendment in 1964, which abolished poll taxes, and the Voting Rights Act in 1965, empowering the Attorney General to protect African Americans' right to vote.
Decades later, communities nationwide are dealing with new racist voter suppression tactics that threaten the well-being of Black and Brown people. It starts with the Supreme Court's decision to gut the Voting Rights Act through Shelby County v. Holder in 2013. By stripping away the preclearance requirement, it dismantled a vital safeguard against racial discrimination in voting.
This ruling left voters vulnerable, as states with histories of discrimination were unleashed to impose restrictive and discriminatory voting policies unchecked. The result was a wave of new barriers that targeted the very communities the Voting Rights Act was designed to protect, threatening the core of democracy and the hard-fought rights of countless Americans. According to The Brennan Center For Justice, these decisions have also left gaps in voter rates between white voters and voters of color.
Since then, various states, from Louisiana and Montana to New York, have added nearly 100 restrictive laws. Many of these states restricted mail voting by forcing additional information on ballot applications, shortening windows to request mail-in ballots, or banning drop boxes. Other states enacted criminal penalties for election workers for minor mistakes like not allowing poll watchers to stand close enough to voters.
Meanwhile, reports have shown a wave of polling place closures across the nation. Threatening the voting rights of communities of color, data revealed a shocking 1,688 closures between 2012 and 2018, nearly doubling the 868 closures reported in 2016. Texas led the charge, closing 750 polling places, with Arizona and Georgia not far behind. These closures struck hardest in areas with large Latino, African American and Native American populations, raising alarm over the eroding access to a fundamental right.
Enduring hours in blistering heat due to a shortage of polling locations is more than just an inconvenience—it's a calculated barrier. In states like Georgia, where lines can stretch for miles and last for hours, the decision to ban passing out water to voters isn't just cruel; it's a deliberate attempt to discourage people from exercising their right to vote. It's an assault on basic decency, targeting those who are already struggling to have their voices heard. That doesn't even count voter registration purges and discriminatory voter ID laws as well.
The fight over voter suppression is ramping up even as the nation dives into the presidential election season.
A lawsuit was filed by the Democratic Party of Georgia and others against the Georgia Election Board, challenging new election certification rules they believe could cause chaos in November. Despite initially rejecting the rule in May due to legal concerns, the Georgia State Election Board approved a similar rule in August. Critics argue the rule violates federal and state law by expanding county officials' authority to delay or alter election results. The rule was supported by prominent election deniers and aligns with efforts to contest election results, raising concerns about its impact on election integrity.
In Louisiana, Governor Jeff Landry signed an executive order mandating that state agencies providing voter registration must include notices stating noncitizens cannot vote. The order requires the Office of Motor Vehicles to share noncitizen information with the secretary of state's office to ensure these individuals are off voter rolls. While only 48 noncitizens have been removed in the past two years, Landry emphasizes this as an extra precaution against illegal voting. Critics argue the measure is excessive, given the small number of noncitizens affected. The move aligns with similar efforts in Republican-led states ahead of the 2024 election.
South Texas Democrats most recently had their homes raided as part of an election integrity investigation by the state attorney general. The raids targeted figures, including Manuel Medina, chair of the Tejano Democrats, and members of LULAC, leading to protests from Latino civil rights groups. LULAC leaders argue that the raids are politically motivated to intimidate and suppress Latino voters. Attorney General Ken Paxton, who announced the raids, has been accused of advancing baseless claims about voter fraud, particularly involving noncitizens, and Latino leaders are calling for a federal investigation.
A Pennsylvania judge ruled that Washington County violated state law by not informing voters when their mail-in ballots were rejected during the April primary this year, preventing them from challenging the decision or casting a provisional ballot. This ruling came after the NAACP and other plaintiffs sued the county, claiming voters' rights were infringed. The judge ordered the county to notify voters of any ballot errors and allow provisional voting. The case is part of broader election-related legal battles in Pennsylvania. County officials, who believe their practices comply with state law, are considering an appeal.
Voter suppression is a tool of white supremacy that threatens democracy. The history of voting rights in America is marked by a relentless effort to disenfranchise Black citizens, from literacy tests and poll taxes to modern-day restrictions that disproportionately affect communities of color. Despite the hard-won victories of the past, the fight against voter suppression continues, as new tactics emerge to silence marginalized voices. Protecting the right to vote is essential for upholding the principles of equality and justice in our democracy.
In order to make sure that you're able to participate in your civic duty of voting, please know your registration status beyond being up to date on local and state voting laws.
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