Mag CHP 06 Outline
Mag CHP 06 Outline
Mag CHP 06 Outline
Citizenship
a.
Aliens are not allowed to vote, although it is not prohibited by the Constitution.
b.
Only one State constitution, Minnesota, draws a distinction between native-born and
naturalized citizens.
2.
Residence
a.
All States have residence requirements in order to prevent election fraud and ensure
that citizens have had time to familiarize themselves with relevant political issues
before voting.
b.
In 1972 the United States Supreme Court ruled that no State can require a waiting
period of longer than 30 days.
c.
3.
Age
a.
The 26th Amendment sets 18 as the cap on the minimum age for voting in any
election.
b.
B. Other Qualifications
1.
2.
3.
4.
Registration
a.
States require voters to prove their identity when they register to vote in order to avoid
election fraud. Registration is a procedure of voter identification, intended to prevent
fraudulent voting.
b.
There is a growing trend toward easing voter registration laws, which discriminate
against the poor and less-educated.
c.
1993 Motor Voter Law allows qualified citizens to register to vote when they apply for
or renew their drivers license and to register to vote by mail.
Literacy
a.
Literacy is a person's ability to read and write. Literacy tests were used to ensure that
voters had the capacity to cast an informed ballot, but they were also used to
discriminate against African-Americans and Hispanics.
b.
Tax Payment
a.
Poll taxes were once common in the South to inhibit voting. The poll tax was a tax
payment required by some States before a person was allowed to vote. Property
ownership, as proved by a payment of property taxes, was a common suffrage
requirement.
b.
Congress and the United States Supreme Court banned all taxes as a condition for
voting during the 1960s.
b.
Every State denies suffrage to those who are mentally incompetent, and most also
disfranchise felons, i.e., those convicted of serious crimes.
Qualified Voter
(2)
(3)
(4)
(A)
been issued discharge papers by the pardons and paroles division or institutional
division of the Texas Department of Criminal Justice, or by a federal or other
state correctional institution or parole board, or completed a period of probation
ordered by any court and at least two years have elapsed from the date of the
issuance or completion; or
(B)
(5)
(6)
is a registered voter.
admit African Americans as members, effectively insuring that an African American could
never run for office.
3. Between the 1950s and the 1970s, Congress passed a number of civil rights laws
designed to end the disfranchisement of African Americans.
B. The Civil Rights Acts of 1957 and 1960
1. The Civil Rights Act of 1957 set up a federal Civil Rights Commission and gave the
attorney general the power to seek injunction against any person or group that sought to
interfere with the voting rights of qualified persons.
2. The Civil Rights Act of 1960 provided for the appointment of federal voting referees, who
could be sent anywhere a federal court found discrimination.
C. The Civil Rights Act of 1964
1. The Civil Rights Act of 1964 outlawed job discrimination.
2. It also forbade States to use voter registration requirements in a discriminatory manner.
D. The Voting Rights Act of 1965 and its Amendments
1. The Voting Rights Act of 1965 was a vigorous attempt to enforce the 15th Amendment by
attacking discriminatory practices in the South and sending in federal officials to ensure that
African Americans were allowed to vote.
2. The law has been extended three times, expanding its coverage to States and counties
outside the South and to "language minorities" - Hispanics, Native Americans, Asian
Americans, and Alaskan natives.
3. Preclearance: This law created the idea of preclearance, which was used where a
majority of the electoral had not voted in 1964. The law declared that these states could not
have new election laws, or changed existing elections laws, without first having them
precleared by the Department of Justice. This examination of laws continues until the state
or county can show that it has not applied any discriminatory voting procedures for a period
of 10 years.