Representative government in the Americas
Before 1660
Voting and representative government existed long before Europeans established colonies in what would become the United States. The Five Nations of the Iroquois Confederacy, for example, had a representative government in which candidates were nominated to represent their tribes on the League’s Council. Though women played an important role in selecting candidates, all of the representatives were men.
Sources: Constitutional Rights Foundation and Barat Education Foundation
Colonies/states granted and restricted voting access
1660-1789
In most colonies, wealthy, landholding, Protestant men were able to vote. During this time, it is estimated that among the people living in the colonies, only 10-20% were qualified to vote. After 1776, some states extended voting rights to women, free Black people, and non-Protestant Christians. From 1776-1807, New Jersey granted free Black men and unmarried or widowed landowning women the right to vote. From 1790-1838, Pennsylvania granted the right to vote to any free man aged 21 or older.
Sources: National Constitution Center and Smithsonian Magazine
English Bill of Rights approved
December 16, 1689
This act gave the English Parliament power over their monarchs (kings and queens) and guaranteed rights, including the right to elect members of Parliament, without interference from the king or queen.
Sources: Yale Law School and History.com
"'The Great Law' - Injunuity," Vision Maker Media, November 12, 2013, https://youtu.be/L1V5VeRdMnI.
1754-1787
In 1754, Iroquois leaders attended the Albany Congress. Benjamin Franklin incorporated ideas from the Iroquois Confederacy in the Albany Plan of Union, which he drafted to try to unite the colonies against foreign powers. In 1776, Iroquois representatives met with the Continental Congress at what is now Independence Hall in Philadelphia. In 1785, Thomas Jefferson, James Madison, and James Monroe visited the Iroquois to study their confederation. The Framers incorporated ideas shared by the Iroquois in the United States Constitution in 1787.
Source: U.S. Senate
U.S. Constitution ratified
June 21, 1788
With the ratification of the Constitution, states were granted the power to set voting requirements. At the time of ratification, most state governments limited voter eligibility to property-owning, protestant, White men. From this time through the mid-1800s, some states allowed free Black men to vote and some states allowed unmarried or widowed women to vote. Various interpretations of the Constitution through the years concluded that Native Americans, free and enslaved Black people, and non-White immigrants were not and could not become U.S. citizens and thus could not vote. The right to vote was not mentioned in the Constitution until the 14th Amendment was ratified in 1868.
Naturalization Act of 1790
March 26, 1790
The passage of this act cleared the way for immigrants to become American citizens, thereby also becoming eligible to vote. To qualify, they must be a “free white person” who has lived in the United States for at least two years and has demonstrated that they had good character. This law did not grant voting rights to Native Americans, free African Americans, enslaved people, indentured servants, women, or non-White immigrants. Growing anti-immigrant sentiment in later years resulted in subsequent laws to increase the residency requirement.
Source: The World
White men received greater access to the vote
1792-1856
During this time range, all states removed property qualifications for White men to vote. For some states, removing this qualification would grant free Black men the right to vote, so they sought other means to disenfranchise Black men.
Source: USHistory.org
Black men further disenfranchised
1807-1838
Over this period of time, the states that once allowed free Black men the right to vote, passed legislation or amended state constitutions to take away that right, either by explicitly barring Black men the right or by setting voting qualifications that would exclude them de facto. Prior to 1838, some states, including Pennsylvania, New Jersey, and New York, allowed free Black men the right to vote. Many other states did not allow Black men to vote until after the passage of the 14th and 15th Amendments.
Source: USHistory.org
Dred Scott v. Sanford: formerly enslaved people cannot be citizens
March 6, 1857
In this case, Scott, an enslaved Black man, sued for his freedom. The Supreme Court ruled that Black people “had no rights which the white man was bound to respect.” Therefore, they could not become citizens of the United States nor have the rights of citizens, like the right to sue in court or the right to vote.
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Reconstruction Era
1865-1877
Reconstruction was a turbulent era of rebuilding following the Civil War during which Southern states were reunified with the Union. During this time, the 13th Amendment (abolishing slavery), the 14th Amendment (granting citizenship to formerly enslaved persons), and the 15th Amendment (suffrage for African American men) known as the “Reconstruction Amendments” were ratified.
Source: USHistory.org
Related Inquiry Packs:
"14th Amendment Simplified," Daily Dose Documentary, October 8, 2021, https://youtu.be/eHxubrMXisY.
14th Amendment ratified
July 9, 1868
In the years following the Union victory in the Civil War, the 14th Amendment was ratified. This amendment provided several protections to stop states from suppressing the votes of eligible citizens. The Citizenship Clause said that anyone born or naturalized in the United States is a citizen (this clause was later interpreted to exclude Native Americans in Elk v. Wilkins). The Due Process Clause prohibited states from depriving a person of life, liberty, or property without due process of the law. The Equal Protection Clause guaranteed the right of all individuals to be treated equally under the law by their state unless the state has a very compelling reason to not treat people the same. The Privileges and Immunities Clause protected the fundamental rights of citizens found primarily in the Bill of Rights and prohibited states from infringing on those rights.
Related Inquiry Packs:
"Sound Smart: The 15th Amendment," History, December 25, 2016, https://youtu.be/3PWgcHkHFeM.
15th Amendment ratified
February 3, 1870
As a result of this amendment, states could not deny the right to vote on the grounds of “race, color, or previous condition of servitude.” This was the last of the three amendments ratified at the end of the Civil War and was meant to clearly state that formerly enslaved men were entitled to vote.
Source: National Constitution Center
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Supreme Court decisions rolled back voting rights for Black men
1870-1900
Multiple Supreme Court cases, including United States v. Cruikshank (1876) and United States v. Reese (1876) rolled back voting rights for African American men. The Cruikshank opinion held that the federal government could not punish people for violating the rights of African Americans, only the state can. This led to nearly a century of unpunished violence against Black people—including political violence at the polls. The Reese opinion ruled that the 15th Amendment did not give everyone the right to vote, but rather that it prevented the states from giving any sort of preference on the account of race.
Source: Free Speech Center (Middle Tennessee State University) and Oyez
![John Chester Buttre and J.A. Scholten, "Virginia Louisa Minor, head-and-shoulders portrait, facing right," [between 1850 and 1893], Photograph and Engraving, Library of Congress Prints and Photographs Division, https://www.loc.gov/resource/cph.3b46735/.](https://legaltimelines.org/wp-content/media/2022/10/Virginia-L-Minor.png.webp "Virginia-L-Minor.png")
Minor v. Happersett: citizenship does not guarantee right to vote
March 29, 1875
Virginia Minor, a leader in the women's suffrage movement, was denied the ability to register to vote in Missouri because she was a woman. She challenged this as a violation of the 14th Amendment's citizenship clause which says, "All persons born or naturalized in the United States... are citizens of the United States and of the State wherein they reside." Minor argued that guaranteeing citizenship included voting rights. The Supreme Court rejected her argument and found unanimously that voting was not an inherent right of citizenship, and therefore the right of women to vote was not protected under the 14th Amendment.
Chinese Exclusion Act of 1882
May 6, 1882
Although primarily aimed at barring Chinese immigrants from entering the United States, this act also provided “that hereafter no State court or court of the United States shall admit Chinese to citizenship.” Without a pathway to citizenship, Chinese immigrants could not gain the right to vote.
Source: National Archives
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Elk v. Wilkins: Native Americans denied the right to vote
April 28, 1884
John Elk was a Native American who gave up his tribal affiliation. He moved from tribal lands to Omaha and paid his taxes. When he tried to vote, he was denied. In this Supreme Court ruling, Elk was denied citizenship and thus the right to vote, claiming that the 14th Amendment’s Citizenship Clause did not apply to Native Americans. The Court ruled that though Elk was born inside the “territorial limits of the United States,” he was a citizen of an Indian nation.
Source: National Constitution Center
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Dawes Act
February 8, 1887
This act allowed the federal government to break up tribal lands and attempted to weaken Native Americans’ tribal connections. As a result of this act, any Native American who accepted the division of their lands was allowed to become a U.S. citizen, thereby also being granted the right to vote.
Source: National Park Service
The Insular Cases
1901
This collection of Supreme Court decisions ensured that U.S. residents living in territories would not automatically be granted all of the rights of U.S. citizens, including the right to vote and have voting representation in the federal government. Today, American citizens residing in five U.S. territories, including Puerto Rico, do not elect senators or representatives.
Source: NPR
17th Amendment ratified
April 8, 1913
As a result of this amendment, citizens in each state were granted the right to directly elect their Senators. Previously, as established in the Constitution, state legislatures chose U.S. Senators.
Source: National Constitution Center
"How Black Women Fought Racism and Sexism for the Right to Vote," Retro Report, July 6, 2020, https://www.retroreport.org/education/video/suffrage-for-black-women/.
19th Amendment ratified
August 18, 1920
As a result of this amendment, women were granted the right to vote. Prior to this amendment’s ratification, 15 states granted women the full right to vote, many states gave women partial voting rights (like the right to vote in municipal elections), and seven states barred women from voting completely.
Source: National Constitution Center and Retro Report
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Indian Citizenship Act
June 2, 1924
Also known as the Snyder Act, this act granted all Native Americans citizenship and the right to vote regardless of tribal affiliation. At the time of this act’s signing, almost two-thirds of Native Americans were already citizens of the United States through other means, including through the Dawes Act.
Source: Library of Congress
Chinese Exclusion Repeal Act
December 17, 1943
Also known as the Magnuson Act, this legislation allowed some Chinese immigrants residing in the United States to become naturalized citizens. Though this act was just a small step in providing immigrants with a path to citizenship and thus the right to vote, it led to additional changes over the next several decades.
Source: HistoryLink.org
23rd Amendment ratified
March 29, 1961
As a result of this amendment, the District of Columbia was granted Electoral College votes in presidential elections based on the amount it would be entitled if it were a state, but no more votes than the least populous state.
Source: National Constitution Center
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“One person, one vote” established
1962-1964
Landmark decisions in the Supreme Court cases Baker v. Carr (1962), Wesberry v. Sanders (1964), and Reynolds v. Sims (1964) established the principle of “one person, one vote,” or that individuals should have equal representation in voting. The Court used the Equal Protection Clause of the 14th Amendment to justify their rulings that states must establish numerical equality in electoral districts.
Source: National Consitution Center
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24th Amendment ratified
January 23, 1964
As a result of this amendment, poll taxes were prohibited in federal elections. Prior to this amendment, all but five states (Alabama, Arkansas, Mississippi, Texas, and Virginia) had passed laws to prohibit poll taxes.
Source: National Constitution Center
Voting Rights Act
August 6, 1965
This act aimed to reduce the barriers that prevented African Americans from exercising their right to vote. With the passage of this act, literacy tests could no longer be used as a requirement for voting. Additionally, this act gave the federal government oversight of voter registration in areas where fewer than 50% of non-White eligible voters are registered. It also gave the federal government the ability to investigate the use of poll taxes.
Source: History.com
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Harper v. Virginia Board of Elections: poll taxes in state elections unconstitutional
March 24, 1966
The Supreme Court ruled that poll tax requirements for state elections are unconstitutional based on the Equal Protection Clause of the 14th Amendment.
Source: Oyez
Efforts to abolish Electoral College began
1969-today
Over the country’s history, there have been more than 700 proposed amendments to change or abolish the Electoral College. The proposed amendment that was closest to passage came in 1969: the Bayh-Cellar Amendment. It had two-thirds bipartisan approval by the House of Representatives, but it was 12 votes short of the two-thirds approval needed by the Senate. Since 1969, additional amendments have been proposed to abolish the Electoral College, but they have quickly failed.
Source: Time.com
26th Amendment ratified
July 1, 1971
This amendment granted citizens 18 years or older the right to vote in federal and state elections. Prior to this amendment’s ratification, most states set the voting age to 21.
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D.C. Home Rule Act
December 24, 1973
Article 1, Section 8 of the Constitution gave Congress legislative control over what would become known as the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act (also known as the D.C. Home Rule Act) gave District residents more control over their local government by allowing them to elect a city council and a mayor, who would respectively pass and enforce local laws. This act, however, still allows Congress to review and approve or reject District legislation and its annual budget.
Source: National Geographic
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Voting Accessibility for the Elderly and Handicapped Act
September 28, 1984
As a result of this act’s passage, states were required to make federal election polling places accessible to the elderly and people with disabilities. States that are unable to do this must provide voters with an alternate way of voting.
Source: ADA.gov
Uniformed and Overseas Citizens Absentee Voting Act
August 28, 1986
This act required that members of the U.S. military, their family members, and U.S. citizens living outside of the United States be able to vote in federal elections as absentee voters.
Source: U.S. Department of Justice
Americans with Disabilities Act (ADA)
July 26, 1990
Title II of the Americans with Disabilities Act (ADA) required state and local governments to ensure that people with disabilities had the full opportunity to vote. The law applies to voter registration, poll site selection, and casting ballots on Election Day or in early voting.
Source: ADA.gov
National Voter Registration Act (“Motor-Voter Act”)
May 20, 1993
With the passage of this act, qualified voters gained the ability to register to vote in federal elections at state motor vehicle agencies, at some local agencies (e.g., disability offices), and through the mail. The act also required that states maintain procedures for keeping accurate and current voter registration lists.
Source: U.S. Department of Justice
Felons’ voting rights expanded
1996-present
Over this time period, most states changed laws to allow felons and former felons some access to the right to vote. Today, some states like Vermont and Maine, allow full access to the vote, including while felons are imprisoned. Other states are more restrictive. For example, in Virginia, felons are disenfranchised according to the state constitution, but the governor regularly signs orders to restore felons’ voting rights. As of 2021, no U.S. state has permanent felon disenfranchisement.
Source: Brennan Center
"Bush v. Gore: How a Recount Dispute Affects Voting Today," Retro Report, October 19, 2020, https://www.retroreport.org/education/video/campaigns-and-elections-the-2000-election/.
Bush v. Gore: Florida’s recount must halt
December 12, 2000
In response to a presidential vote recount dispute in Florida, the Supreme Court ruled in a 5-4 decision that the state’s recount must stop. Based on the Equal Protection Clause of the 14th Amendment, the opinion held that the state could not continue the recount because there was no statewide standard for how to count the ballots. Based on this decision, George W. Bush won Florida’s 25 Electoral College votes and ultimately won the presidency, with 271 electoral votes to Al Gore’s 266.
Source: Oyez and Retro Report
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Help America Vote Act
October 29, 2002
This act was passed in response to the 2000 presidential election events that led to the Bush v. Gore case. It created a federal Election Assistance Commission and required states to replace confusing voting systems like those that used punchcards and levers. The act also established minimum election administration standards, including requiring improved accessibility of polling places for voters with disabilities.
Crawford v. Marion County Election Board: voter ID requirements are constitutional
April 28, 2008
The Supreme Court decided in a 6-3 ruling that an Indiana law requiring that all voters present photo identification was constitutional.
Source: Oyez
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Shelby County v. Holder: Voting Rights Act Section 4b struck down
June 25, 2013
The Supreme Court ruled that Section 4b of the Voting Rights Act was unconstitutional. State and local governments with allegedly discriminatory voting practices in the past no longer had to get approval from the federal government if they wanted to change voting laws.
Source: Oyez
COVID-19 Pandemic and 2020 Elections
2020
The Supreme Court received many petitions to settle disputes arising out of the unprecedented impact of the COVID-19 pandemic on the 2020 elections, including the presidential election. Most of the cases dealt with the collection and counting of absentee ballots. Other cases dealt with accommodations such as curbside voting, requirements of witness signatures on absentee ballots, and vote by mail for all voters.
Source: StreetLaw.org
Brnovich v. DNC: racial disparity alone does not violate Section 2 of the VRA
July 2, 2021
The Democratic party sued on behalf of voters alleging that 1) an Arizona policy would not count votes cast out-of-precinct and 2) a law that prohibited collection of ballots by individuals or groups violated Section 2 of the Voting Rights Act. Section 2 allows individuals to sue their state and local governments for voting laws that discriminate on the basis of race.
The Supreme Court ruled that neither Arizona’s policy nor law violated the Voting Rights Act. It also found that the ballot collection law also did not violate the 15th Amendment (which granted voting rights regardless of race, color, or previous servitude). The Court's majority explained that Section 2 of the Voting Rights Act requires courts to examine the “totality of circumstances” when determining whether a law has a discriminatory impact. The fact that there is some racial disparity in whom a voting policy impacts does not automatically mean that the policy violates Section 2.
Source: Oyez
