Background:

Nearly every state, as well as most counties, design their own ballots, pursue their own voter education, and have complete authority over their state voting policies and procedures. Voters and potential voters are much more likely to cast a counted vote in some states, some counties, and some areas of the country than others, simply based on the difference in standards for each election. Elections in many states are rife with lost and incorrectly counted votes, and many voters are  incorrectly told that they cannot cast a ballot.

Many Americans are hesitant to amend the U.S. Constitution, believing that it could lead to a slippery slope situation regarding other less desirable amendments.  But the Constitution is not stagnant; it is a living document that, since its inception over 200 years ago, has been modified 27 times.  Excluding the Bill of Rights, 7 of the last 17 constitutional amendments have dealt directly with expanding the franchise and improving the way citizens vote.

Four Reasons why a Right to Vote is Needed:

1. CONTRARY TO POPULAR BELIEF, THERE IS NO RIGHT TO VOTE IN THE U.S. CONSTITUTION

While the U.S. Constitution bans the restriction of voting based on race, sex and age, it does not explicitly and affirmatively state that all U.S. citizens have a right to vote.  Even the Supreme Court ruled in the Bush v. Gore case in 2000 that citizens do not have the right to vote for electors for president; states control voting policies and procedures. As a result, we have a patchwork voting system run independently by 50 states, 3067 counties and over 13,000 voting districts, all separate and all unequal.

2. MILLIONS OF AMERICANS ARE PERMANENTLY BARRED FROM VOTING

Approximately 5 million Americans convicted of felonies who have already completed their sentences are permanently disenfranchised.  Fourteen states do not have an automatic restoration process in place for citizens once they have completed their felony sentence.  Some states like Florida hold hearings chaired by the governor and the cabinet to determine if ex-felons are ready to vote.  While this does re-enfranchise some, it is arbitrary and could easily be used for political gain. 

However, it is not only ex-felons who face difficulty registering to vote.  Americans living overseas have trouble registering in their home district, because their state may not consider them residents anymore. Many college students attempting to register at their college precinct have faced voter intimidation or were simply refused the ability to register to vote. Such reasons are not only arbitrary, but in many cases politically motivated.

The Right to Vote Amendment will guarantee all American citizens at least 18 years of age a constitutionally protected individual right to vote.  Much like the rights to speech and religion, a constitutionally protected right to vote will be difficult to limit.

3. STATE AUTHORITY OVER VOTING CREATES UNNECESSARY VOTING DIFFICULTIES

Voting should be a simple process in which any registered citizen can easily participate. However, this is not always the case.  Since voting is regulated by each state individually, there are fifty sets of voting policies and procedures. Voter identification and registration requirements, as well as the machines that voters use, vary widely between states.  In most states, counties design their own ballots, pursue their own voter education, have their own policies for handling overseas ballots, hire and train their pollworkers, choose voting equipment, select their polling place locations, and maintain their own voter registration lists.  With such widespread variation it is difficult for any voter, in any state or precinct, to know his or her rights. But since voting is regulated by the states, there is little the national government can do if voters are intimidated or harassed at the polling booth. With the recent relaxing of Section 5 of the Voting Rights Act by the Supreme Court and signs of its future overturning if Congress doesn’t make changes, a Right to Vote Amendment is needed to further enforce voting rights.

4. CONGRESS IS POWERLESS TO TAKE ACTION

At present, Congress can take no action to formally help improve voting standards across the nation.  While the Help America Vote Act (HAVA) of 2002, which passed in response to the voting fiasco of the 2000 presidential elections, does establish some standards including a provisional ballot, states are not required to follow these policies. The only way to ensure that every vote is counted and that electors follow the will of the people of their state is to create a constitutionally protected right to vote. The Right to Vote Amendment will give Congress the authority to protect the individual right to vote and oversee voting policies and procedures to ensure that elections are fair, accurate and efficient.