Today is Election Day! As millions of Americans head to the polls to exercise one of our most fundamental rights, how much do you really know about what the Constitution guarantees when it comes to voting? While the Constitution protects Americans against certain forms of voting discrimination, it also leaves substantial authority over elections to the states. Everyone loves the party game “Two Truths and a Lie.” Can you identify which of the following statements about Election Day is a lie?
A. The Constitution does not expressly establish a universal affirmative right to vote in every election.
B. The Constitution expressly requires every state to permit voting by mail in federal elections.
C. The Constitution permits states to disenfranchise individuals convicted of certain crimes.
Let’s take these statements one at a time:
A. TRUTH! Although voting is a fundamental right in our constitutional system, the Constitution does not expressly guarantee every citizen an unconditional right to vote in every election. Instead, several constitutional amendments prohibit specific forms of discrimination in voting. The 15th Amendment prohibits denying or abridging voting rights based on race, color, or previous condition of servitude; the 19th Amendment prohibits discrimination based on sex; the 24th Amendment prohibits poll taxes in federal elections; and the 26th Amendment protects citizens 18 and older against age-based voting discrimination. The Supreme Court has also recognized voting as a fundamental right protected by the Equal Protection Clause of the 14th Amendment. Nevertheless, states retain authority to establish voter qualifications, subject to constitutional and federal statutory limitations.
B. LIE! The Constitution does not guarantee a right to vote by mail. Article I, Section 4 (the Elections Clause) grants state legislatures primary authority to prescribe the times, places, and manner of congressional elections, while giving Congress the power to make or alter those regulations. States therefore have discretion in determining how elections are conducted, including the availability and procedures for absentee and mail-in voting, subject to federal law and constitutional protections. Although every state provides some form of absentee voting, the rules vary considerably. Some states allow any eligible voter to request a mail-in ballot, while others require voters to meet specific eligibility criteria. Voting by mail is a method of casting a ballot governed by election laws, not a universal constitutional entitlement.
C. TRUTH! The Constitution permits states to restrict voting rights for individuals convicted of certain crimes. Section 2 of the 14th Amendment expressly recognizes disenfranchisement for participation in rebellion or other crime. In Richardson v. Ramirez (1974), the Supreme Court upheld California’s felony disenfranchisement provisions, concluding that the 14th Amendment permits states to deny voting rights based on criminal convictions. However, that authority is not unlimited. In Hunter v. Underwood (1985), the Supreme Court struck down a disenfranchisement provision enacted with racially discriminatory intent. Today, state laws vary significantly, with some states restoring voting rights automatically after incarceration, others imposing additional conditions, and a few permitting individuals with felony convictions to vote even while incarcerated.
Bottom Line: The Constitution establishes the framework for our elections, protects against unlawful discrimination, and preserves the states’ authority to determine how elections are conducted. Understanding those constitutional boundaries is essential to protecting both the right to vote and the integrity of the electoral process.