The Impact of Voting Restrictions on Minority Communities

Voting is one of the most important rights in a democracy. It allows citizens to choose leaders, influence policy, and have a voice in the government. In the United States, the Constitution guarantees the right to vote to all citizens. In fact, the 15th Amendment(added in 1870) specifically says that the right to vote cannot be denied because of “race, color, or previous condition of servitude.” Despite these conditions, voting has been denied in many circumstances due to restrictions against minority communities. These restrictions often make it harder for people of different races, ethnicities, and nationalities to have a say in their government. This legal note intends to explain the legal impacts of such voting restrictions and how they have left our country in a state of disarray.

Voting restrictions are rules or laws that limit how people can cast their ballots and vote. Examples include: Voter ID laws, which require specific forms of identification to vote, Voter Roll Elimination(removing people from the list of registered voters), Limits on Early Voting or Same Day Registration, Restrictions on Mail-In Voting, and Gerrymandering(drawing voting districts in favor of one group/party).

These rules not only affect election integrity but have been seen to disproportionately impact minority communities who may not have access to IDs, transportation, or other items necessary to vote. The 15th Amendment was ratified in 1870 and designed to protect citizens from being denied the right to vote because of race. At a time of segregation and extreme racism, this amendment stood as a beacon of hope for many minorities living in America, especially African Americans. As referenced earlier, the 15th Amendment clearly states, “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.” This gives Congress the power to enforce equality in instances of unfair voting conditions.

Another important piece of legislation that protects minority voting rights is the Voting Rights Act of 1965. It outlawed unfair voting practices like literacy tests and required some states with histories of discrimination to get federal approval before changing voting laws. During this time, the Voting Rights Act was incredibly effective at increasing voter turnout within Black and Latino communities. Throughout history, multiple legal developments have been made regarding this phenomenon. For example, the Supreme Court case Shelby County v. Holder (2013) opposed the section of the Voting Rights Act that continued the formula that determined which states needed approval before changing voting laws. The Court had ruled that the formula was outdated. This, in turn, harmed minority voting output. Many states that had previously needed approval created stricter voting laws like Voter ID requirement and limited polling hours. This case removed a protection against discriminatory voting laws, leading to a decrease in the number of minority voters.

Another development in minority voting history is the case of Brnovich vs. Democratic National Committee (2021). In this case, the Supreme Court upheld two Arizona voting rules: a ban on ballots cast in the wrong location and a restriction on who can collect and return someone’s ballot. The Court argued that these rules were not racially discriminatory because they applied to all voters. The rules made it harder for Native American and other minority voters who live far from polling places or lack mail services. This sets a cycle that would make it easier for states to defend voting restrictions.

Research from civil rights organizations and voter data shows obvious patterns in minority voter turnout. According to the Government Accountability Office(GAO), Black, Hispanic, and younger voters are less likely to have required Voter IDs compared to white voters. This means that any placement of Voter ID will have a direct impact on minority communities. Additionally, after Shelby, several states closed polling places in minority neighborhoods. Longer lines, fewer machines, and far-off locations make it more difficult for minorities and the working class to vote. Also, purges of voter rolls often target people who do not consistently vote, oftentimes targeting minorities and low-income voters. The Brennan Center for Justice found that millions of eligible voters were removed incorrectly from voter rolls.

Voting restrictions that largely affect minority communities undermine the basic principle of equal protection under the law. The 14th Amendment guarantees that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” When restrictions are added to unequal voting access, this amendment is directly violated. When large groups of citizens are stopped from voting, elected officials may not reflect the population, and public policies may not meet the needs of everyone. This can weaken the democracy as a whole.

Arguments in support of stricter voting laws vouch for election security and a uniform standard. However, research shows that voter fraud in U.S. elections is extremely rare. These laws only make voting more difficult for people who already face obstacles. After backward decisions like Shelby and Brnovich, advocates for voting rights have pushed for congressional action to restore the Voting Rights Act, new federal standards for voter access, and changes to the 14th and 15th amendments to better satisfy modern voters. 

Overall, voting restrictions have a significant legal impact on minority communities. They can reduce access to the ballot, dilute minority impact on politics, and undermine equal protection. The American community as a whole must come together for equal voting to ensure all elected officials represent everyone. Minority communities are the future of our country.

Bibliography

Shelby County v. Holder. 570 U.S. 529 (2013). Supreme Court of the United States.

Brnovich v. Democratic National Committee. 594 U.S. ___ (2021). Supreme Court of the United States.

Voting Rights Act of 1965. Pub. L. No. 89-110, 79 Stat. 437 (1965).

U.S. Constitution, Amendment XV. Ratified 1870.

U.S. Constitution, Amendment XIV. Ratified 1868.

U.S. Government Accountability Office. Issues Related to State Voter Identification Laws. Report to Congressional Requesters, 2014.

Brennan Center for Justice. The Effects of Shelby County v. Holder. Brennan Center for Justice, 2018.

Brennan Center for Justice. Voter Purges. Brennan Center for Justice, 2019.