Source/Voting Rights and Suffrage

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History

What is the oldest source in any country that mentions this right?

What is the oldest written source in this country that mentions this right? BUILD IN COLLAPSE EXPAND TOGGLE

Afghanistan

Albania

Algeria

Andorra

Angola

Antigua and Barbuda

Argentina

Armenia

Australia

Austria

Azerbaijan

The Bahamas

Bahrain

Bangladesh

Barbados

Belarus

Belgium

Belize

Benin

Bhutan

Bolivia

Bosnia and Herzegovina

Botswana

Brazil

Brunei

Bulgaria

Burkina Faso

Burundi

Cambodia

Cameroon

Canada

Cape Verde

Central African Republic

Chad

Chile

China

Colombia

Comoros

Democratic Republic of the Congo

Republic of the Congo

Costa Rica

Croatia

Cuba

Cyprus

Czech Republic

Denmark

Djibouti

Dominica

Dominican Republic

East Timor

Ecuador

Egypt

El Salvador

Equatorial Guinea

Eritrea

Estonia

Eswatini

Ethiopia

Fiji

Finland

France

Gabon

The Gambia

Georgia

Germany

Ghana

Greece

Grenada

Guatemala

Guinea

Guinea-Bissau

Guyana

Haiti

Honduras

Hungary

Iceland

India

Indonesia

Iran

Iraq

Republic of Ireland

Israel

Italy

Ivory Coast

Jamaica

Japan

Jordan

Kazakhstan

Kenya

Kiribati

Kuwait

Kyrgyzstan

Laos

Latvia

Lebanon

Lesotho

Liberia

Libya

Liechtenstein

Lithuania

Luxembourg

Madagascar

Malawi

Malaysia

Maldives

Mali

Malta

Marshall Islands

Mauritania

Mauritius

Mexico

Federated States of Micronesia

Moldova

Monaco

Mongolia

Montenegro

Morocco

Mozambique

Myanmar

Namibia

Nauru

Nepal

Kingdom of the Netherlands

New Zealand

Nicaragua

Niger

Nigeria

North Korea

North Macedonia

Norway

Oman

Pakistan

Palau

Panama

Papua New Guinea

Paraguay

Peru

Philippines

Poland

Portugal

Qatar

Romania

Russia

Rwanda

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Samoa

San Marino

São Tomé and Príncipe

Saudi Arabia

Senegal

Serbia

Seychelles

Sierra Leone

Singapore

Slovakia

Slovenia

Solomon Islands

Somalia

South Africa

South Korea

South Sudan

Spain

Sri Lanka

Sudan

Suriname

Sweden

Switzerland

Syria

Tajikistan

Tanzania

Thailand

Togo

Tonga

Trinidad and Tobago

Tunisia

Turkey

Turkmenistan

Tuvalu

Uganda

Ukraine

United Arab Emirates

United Kingdom

United States

Uruguay

Uzbekistan

Vanuatu

Venezuela

Vietnam

Yemen

Zambia

Zimbabwe

Is there another noteworthy written source from the past that mentions this right?

Is the identification of this right associated with a particular era in history, political regime, or political leader?

What specific events or ideas contributed to its identification as a fundamental right?

When was it generally accepted as a fundamental, legally-protectable right?

What historical forces or events, if any, contributed to a widespread belief in its importance?

Legal Codification

Is this right protected in the Constitutions of most countries today?

Is it contained in the US Constitution?

Has it been interpreted as being implicit in the US Constitution?

Are there any exceptions in American law to this right?

Is this right enshrined in international and regional human rights treaties?

Philosophical Origins

What have religious and philosophical traditions contributed to our understanding of this right?

Buddhism

Platonism

Aristotelian thought

Ancient Chinese Philosophy

Stoicism

Early Indian Philosophy

Miscellaneous Hellenistic Schools (epicureans, academics, skeptics, etc.)

Roman Legal and Political Thought

Early Christianity

Thomism and medieval Christianity

Medieval Islamic Thought

Medieval Judaism

Early Modern Rationalism

Absolute Idealism

Reformation Christianity

Hobbesian Thought

Lockean Thought/English Empiricism

Physiocrats

Scottish Enlightenment

Modern Capitalism

Rousseau's Thought

Kantianism

German Idealism

Benthamite Utilitarianism

Millian Utilitarianism

Current Utilitarianism

Transcendentalism

Marxism

Early Sociology

Pragmatism

Weberian Thought

Process Philosophy

Social Darwinism

British Idealism (19th cen.)

Continental Philosophy/Frankfurt School

Behaviorism

Feminist Thought

Postmodernism

Are there any philosophical or moral traditions that dispute the classification of this right as a fundamental right?

What do the major legal theories (positive law, natural law, critical legal studies, etc.) say about this right?

Culture and Politics

Is this right interpreted and exercised in different ways in different countries? Focus on particular countries in which the right is interpreted distinctively

Is this right exercised in different ways depending on the political governance regime in place (democracy, autocracy, hybrid regime)?

Is there general and widespread belief that this right is a fundamental right that should generally be protected (and that exceptions should be rare)?

For several decades, the right to vote has been widely recognized as fundamental to fair, participatory government by a wide variety of international organizations and individual nations. The most prominent example comes from the United Nations’ International Covenant on Civil and Political Rights of 1966, which recognized that “every citizen shall have the right and the opportunity...to vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors” (UN General Assembly 1966). Regional organizations such as the OAS, OSCE, EU, and African Union also hold provisions emphasizing the importance of maintaining equal access to voting among their member nations (University of Minnesota, 2003). In addition to international decrees and declarations identifying the importance of suffrage, international election monitoring and observation bodies exist around the world to protect citizens’ ability to vote and analyze countries’ electoral processes. There is strong global consensus that voting rights ought to be protected and are an essential element of successful representative democracies.

In an American context, the United States Constitution explicitly protects citizens’ right to vote in Section II of the Fourteenth Amendment, the Fifteenth Amendment, Nineteenth Amendment, and Twenty-Fourth Amendment. The Voting Rights Act of 1965 and its subsequent amendments also describe the right to vote as an “inherent constitutional right” (H.R. 4249, 91st Congress 1970). Additionally, prominent Supreme Court cases concerning voting rights such as, Reynolds v. Sims (1964), Harper v. Virginia Board of Elections (1966), and Kramer v. Union Free School District (1969) convey the fundamental nature of suffrage, pushing back against previous interpretations by the Court in Minor v. Happersett (1875) that “the Constitution...does not confer the right of suffrage upon any one” (Supreme Court of the US 1875) and even older perceptions of voting as a privilege that had to be earned through societal metrics such as property ownership (Behrens 2004, 232). In Reynolds, the Court established that:

"Undoubtedly, the right of suffrage is a fundamental matter in a free and democratic society. Especially since the right to exercise the franchise in a free and unimpaired manner is preservative of other basic civil and political rights, any alleged infringement of the right of citizens to vote must be carefully and meticulously scrutinized."

Harper concerned the constitutionality of poll taxes, and the Court reasoned that “wealth or fee paying has, in our view, no relation to voting qualifications; the right to vote is too precious, too fundamental to be so burdened or conditioned” (Supreme Court of the US 1966). Kramer similarly outlined that “any unjustified discrimination in determining who may participate in political affairs or in the selection of public officials undermines the legitimacy of representative government” (Supreme Court of the US 1969). Both majority opinions in Reynolds and Harper also relied upon previous rationale established in Yick Wo v. Hopkins (1886) that “though not regarded strictly as a natural right, but as a privilege merely conceded by society according to its will, under certain conditions, nevertheless [the right to vote] is regarded as a fundamental political right, because preservative of all rights” (Supreme Court of the US 1886).

In spite of these general beliefs legal precedent, certain members of society are still excluded from this fundamental right for reasons that are widely debated. Citizenship, for example, is often a requirement for suffrage. However, some countries, including certain local governments in the United States, allow noncitizens to vote in local elections after they have met certain residency requirements (Earnest). Felons are also often restricted from voting. In most countries with restrictions on felon voting, these penalties only take place when individuals are serving their prison sentence. In the United States, however, felon voting policy, like nearly all electoral policy, is a state decision, and half of all states prohibit felons from voting until the completion of parole and probation, including nine states that prohibit it even after parole and probation (ProCon). Restrictive felon voting policies are indicative to some experts that the United States has “failed to give the right to vote its true status as a fundamental right” (Behrens 275).

In addition to the explicit prohibition of certain individuals from voting, unequal access to voting precincts and absentee drop-off locations as well as reduced voting hours and early voting periods also undermine the extent to which voting rights are protected around the world. Beyond restrictions of where citizens can vote, more explicit voter intimidation and election-related violence are employed even in countries that have signed on to international agreements outlining the importance of voting rights. Partisan gerrymandering, which the Supreme Court has defined as federally “nonjusticiable” in Rucho v. Common Cause (2019), also dilutes the impact of certain citizens’ votes, undermining their ability to meaningfully exercise suffrage (Supreme Court of the US 2019).

Additionally, policies implemented to address voter fraud such as voter identification can also limit overall voting access. Critics of voter identification argue that requiring an often-times narrow list of permissible forms of identification puts an undue burden on citizens who are less likely to possess valid identification and constitute a more discrete form of a “poll tax” (Nackenoff). Voter ID cases are often analyzed on a case-by-case basis, as outlined in Crawford v. Marion County (2008), with states’ individual histories of voting discrimination, prevalence of voter fraud–or in many cases “perceptions” of fraud or a lack of “voter confidence”–and evidence indicating deliberate discriminatory intent all playing a role in determining whether or not voter identification satisfies a legitimate government interest (Tokaji).

Does public polling reveal insights about the right as experienced in different countries?

Conflicts with other Rights

Are there other specific fundamental rights that tend to conflict with this right? Can you identify specific examples of this?

Are there other specific rights that are critical to the exercise of this right? Can you identify specific examples of this?

Is there a perception that this right is above or higher than other fundamental rights, or in general, that it has a particular place in a hierarchy of rights?

What specific examples of hierarchies, manifestos, constitutions, or prioritized descriptions of rights cite this right’s high status? Low status? No status at all?

How does federalism change, if at all, the exercise or application of this right? What examples of this can one point to?

Limitations / Restrictions

What are the typical exceptions or limitations placed on this right?

Under American jurisprudence, what permissible exceptions exist?

Under international human rights laws, what permissible exceptions (often called derogations) exist?

Have political theorists or philosophers discussed the permissibility of exceptions to this right?

Should this right be limited when limiting it would jeopardize democratic norms?

Is this right often perceived as threatening to government authorities?

Is this right often curtailed by government authorities for reasons other than those which are generally viewed as permissible?

Is this right at times curtailed by private actors?

Is this right subject to specific limitations in event of emergency (war, brief natural disaster [weather, earthquake], long-run natural disaster [volcano, fire, disease])? Can such limitations be defined in advance with reference to the disaster in question?

Utilitarian / Fairness Assessments

Is there a cost attached to protecting and enforcing this right? What kinds of costs are implicated?

Short-term economic cost in general

Long-term economic cost in general

Cost to those least able to economically absorb the cost

Cost to perceived democratic legitimacy

Cost to consistency or coherence of the law as a whole

Cost to the legitimacy or effectiveness of other rights

Cost to considerations of social equality

Cost to other non-material goods not so far specified

What are the financial consequences, if any, of making this right a legally protectable right?

Are there any groups that are uniquely disadvantaged by the exercise of this right?

Are there any groups that uniquely benefit from the exercise of this right?

Are there instances when this fundamental right can lead to unfairness or inequities?

Are there objective ways to measure the utilitarian nature of this right?

If so, where can one draw the line: when does this right stop being useful or economically viable?

Looking Ahead

How can we expect this right to change and evolve in the years ahead?

How is the future likely to shape the exercise of this right?

Will the exercise or protection of this right be affected by technological changes?

Under what conditions would this right become irrelevant?

Are questions of fairness and utility pertaining to this right likely to change in the years ahead?

Policy Recommendations

Can the practice or exercise of this right be shaped through executive action?

In the US context, are there particular parties with a stake or interest in amending or reconceptualizing this right?

In the US context, can this right be altered legislatively, or would it require a constitutional amendment?

Is this right best addressed at the national level? The sub-national level? The international level?

To what extent is this right shaped primarily by judicial decisions?

If this right is best addressed through the amendment process, how should it proceed?

If this right were unlimited, what might be the consequences (positive and negative)?

If this right were eliminated, what might be the consequences (positive and negative)?