Third Way: Conservative Voting Legislation Against Democracy
Flip Schulke Archives
The 15th Amendment in 1870 theoretically gave all Black men the right to vote (Black women were not given the right to vote until 50 years later along with all women through the 19th Amendment). However, in practice, their rights were often curtailed or outright denied at the voting pools. Black people were subjected to stricter voting rules than White people, such as literacy tests. Because Black people were more likely to be impoverished and thus illiterate, they were much more likely to fail these tests and thus would be denied the right to vote. Furthermore, the rule was often only enforced for Black voters, and illiterate White people would be allowed to vote without having to pass the literacy test. Poll taxes also disproportionately affected Black people, as they were less likely to be able to afford the cost. They were also said to be higher for Black people than White people. While these laws never specifically mentioned Black people, they were meant to affect Black Americans and limit their right to vote. It was not until the Voting Rights Act of 1965 that Black people were able to overcome many of the barriers in voting. In this article, I will show how new policies in Georgia and Florida is a continuation of this shameful history of systematic voter suppression, especially in minority communities.
New State Voting Laws
However, the results of the most recent 2020 election have led to the passing of new laws that threaten a return to discriminatory voting policies. The 2020 election saw a higher turnout of Democratic voters in states that have always been viewed as conservative. Biden was even able to win the vote in Georgia, which has consistently voted red in every election since 1992. Almost immediately following this election, Georgia tightened its existing voting laws as well as developing new legislation regarding voting. This makes Georgia one of fourteen total states that have created new laws regarding voting restrictions since the 2020 election.
Governor Brian Kemp of Georgia signed a new election law into action on March 31, 2021, that included many new restrictions for voting rights to combat voter fraud, even though such fraud even happened was constantly disproven. Several of the provisions focused on the use of absentee and mail-in ballots, which increased in almost every state this year due to the pandemic. One provision newly requires identification such as a driver’s license or other state ID number to be printed on the mail-in ballot. Further, the bill dramatically decreases the number of drop boxes provided for mail-in or absentee ballots. Unrelated to absentee ballots, Georgia has also restricted the use of its mobile voting program. It involved portable polling facilities that were intended to help voters with disabilities and decrease the number of people who were forced to wait in long voting lines. Ironically, Georgia’s new law was criticized by both Biden and Trump, albeit for different reasons: Biden called it unconstitutional, Trump believed the new law was still not strict enough.
Many of these provisions, and several more, were echoed in Florida. In light of the 2020 election, it is interesting that such a law would have even been passed. Unlike Georgia, Florida did not face extreme calls of voter fraud following the election nor were there overly long lines outside of the polling places. However, the Republican governor and state legislature still felt as if a new law must be written and passed to combat this supposed voter fraud. The law is very similar to those in Georgia regarding the increased use of ID cards as well as a decrease in dropbox availability. It also now makes it illegal to give food or water to anyone waiting in line to vote, which Georgia also included in its law.
Impacts of the Laws
These new voting restrictions were only set in place in order to prevent supposed voter fraud. However, there was no proven voter or election fraud that occurred during the 2020 election; it was only a rumor started by a president and his loyal followers who were upset about losing the election. Yet, these restrictions are unlikely to be overturned for years and will impact voting for at least the next few election cycles. These laws will also directly affect Democrats more so than Republicans, as Democrats are more likely to use absentee and mail-in ballots. They will also disproportionately affect minorities and communities of color. Minorities are more likely to use mail-in ballots as well and are also less likely to have the sort of identification card that will now be required to use an absentee ballot. Moreover, multiple studies have also shown that Black communities tend to have longer voting lines. Now that people are prohibited from being given food or water, there will likely be some decrease in Black voter turnout because they cannot stand for hours in the hot Southern heat.
These new restrictions are nothing more than an attempt to suppress certain groups’ voting rights. One of the most important aspects of our democracy is the right for every citizen to vote for their representatives and the laws that will affect them. By blatantly suppressing the vote of certain targeted groups, these laws are restricting one of the most important rights that an American citizen has. They are also discriminatory and reminiscent of the rules in place before the Voting Rights Act of 1965 by purposefully targeting minorities.
Voting For the People
In contrast, Democrats in both the Senate and House are pushing for new federal legislation that would oppose these new conservative state legislations. The For the People Act in the House, and a similar version in the Senate, aims to protect the people’s right to vote and regulate the elections on a national level. However, Senate Republicans are barring this legislation and, as Democrats do not have the 60-vote majority needed to overhaul a filibuster, it is unlikely that it will be passed.
The United States currently has one of the lowest voter turnout rates of developed countries; a fact which is particularly ironic given that our nation was founded on the base idea of representation. Legislation such as the For the People Act is extremely vital in able to protect our democracy, particularly in light of the new prohibitive legislation passed by Republican states. These laws show a deliberate attempt to further disenfranchise communities of color and are a threat to democracy – a threat started by Trump that will continue long past his presidency, but only if we let it.
