Source/Voting Rights and Suffrage

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History

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

Multiple 5th-Century BC sources outline the importance of citizen voting to early Athenian democracy. Thucydides’s The History of the Peloponnesian War includes several allusions to the importance of citizen participation in democracy. The first instance comes in Chapter VI, the funeral oration of Pericles:

"Our constitution does not copy the laws of neighboring states; we are rather a pattern to others than imitators ourselves. Its administration favors the many instead of the few; this is why it is called a democracy…instead of looking on discussion as a stumbling-block in the way of action, we think it an indispensable preliminary to any wise action at all." (Thucydides, VI)

The description of participatory democracy as “indispensable” evokes an importance that moves beyond simply advocating for the benefits of democracy. Rather, it implies an intrinsic importance that more closely mirrors that of a political right. The early political foundations of democracy appear again in Chapter XIX during a speech from Athenagoras:

"It will be said, perhaps, that democracy is neither wise nor equitable, but that the holders of property are also the best fitted to rule. I say, on the contrary, first, that the word demos, or people, includes the whole state, oligarchy only a part; next, that if the best guardians of property are the rich, and the best counsellors the wise, none can hear and decide so well as the many; and that all these talents, severally and collectively, have their just place in a democracy." (Thucydides, XIX)

Aristotle also outlines the inner workings of early Athenian democracy after the reforms of Solon and includes several allusions to the intrinsic importance of suffrage in The Constitution of the Athenians, most likely written between 328 and 322 BC. In his discussion of the importance of individuals’ right to appeal grievances in Athenian court, Aristotle states that “when the democracy is master of the voting-power, it is master of the constitution,” and that “the masses have owed their strength” to Athens’s democratic institutions (Avalon Project). While there is no explicit mention of suffrage as a “right” per se, Aristotle’s emphasis on “voting-power” as a fundamental element of Athenian civil society serves as one of the older examples of voting as a “right.” However, it is important to note that voting in Ancient Athens, while highly valued and perceived as a right for some, was not universal, and only free adult men, whose parents were also Athenian, were granted the right to vote. Athenian democracy was also significantly more participatory and direct than contemporary democratic institutions, as all adult Athenian men were compelled to serve in local governmental assemblies where they would then vote on decrees and other forms of legislation (Blackwell).

While there is not much explicitly-written, primary evidence for the existence of voting rights before the Athenians, previous forms of government that predate democracy also played important roles in the conception of suffrage as a right, particularly in Mesopotamia. For example, “when Mesopotamian elders were unable to agree” on governmental decisions, “they opened their assembly to junior aristocrats and commoners” (Schemeil 104). Additionally, Assyrian merchant colonies’ judicial systems were “not vested in any one individual but resided in a general assembly of all colonists” and were called at the discretion of senior colonists (Jacobsen 161). Early conceptions of proto-democratic political institutions from all parts of the world often arose out of the need to maintain peace and political stability after prolonged conflict between various sects and social groups.

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Afghanistan

The earliest Afghan constitution was written during the reign of Emir Abdur Rahman Khan in the 1890s followed by the 1923 version. The 1964 Constitution of Afghanistan turned Afghanistan into a modern democracy, and the right to vote was established in Article 46. The 1964 Constitution of Afghanistan granted women equal rights including universal suffrage and the right to run for office (University of Nebraska, "Constitution of Afghanistan").

Albania

Article 45 of the Republic of Albania’s 1998 Constitution guarantees the right to vote to the People of Albania so they can exercise their power through their elected representatives in the Parliament (Berhani, I. "Elections and Implementation of the Law of Elections in Albania").

Algeria

Algeria gained independence from France in 1962 and a new Constitution was passed the following year. In the 1989 Constitution under Article 62, all people meeting the legal requirements have the right to vote and to be elected (Constitute Project, "Algeria 1989").

Andorra

Article 24 of the 1993 Constitution states that all citizens of age and in full use of their rights are guaranteed suffrage (Constitute Project, "Andorra 1993").

Angola

The constitution of 1975 established a one-party state headed by a president who was also chairman of the MPLA (Popular Movement for the Liberation of Angola), which declared itself a Marxist-Leninist party in 1977. Under Article 54 of the Angolan Constitution every citizen of age has the right to vote (Britannica, "Angola").

Antigua and Barbuda

Universal suffrage was introduced in Antigua and Barbuda in 1951 (National Encyclopedia, "Antigua and Barbuda- Politics, government, and taxation").

Argentina

In 1983, Argentina returned to democracy after almost eight years of authoritarian rule. In April 1994 elections were held to form a Constituent Assembly because of the provisions made to the 1853 Constitution. Under the new Constitution the president is directly elected for a four-year term by universal adult suffrage (ACE Project, “Electoral Systems- Argentina").

Armenia

Article 48 of the 1995 Constitution grants the people the right to vote and the right to participate in a referendum (Constitute Project, "Armenia’s Constitution of 1995 with Amendments through 2015").

Australia

In the 1850s under the Constitutions of Victoria, New South Wales and South Australia, Aboriginal men had the same right to vote as other male British subjects aged over 21. The first federal electoral Act, the Commonwealth Franchise Act 1902, granted men and women of all states the right to vote (National Museum Australia, “Australians’ right to vote”).

Austria

In Austria, universal suffrage for men was introduced by the Voting Rights Act of 1907 and the country was one of the first in Europe to introduce women’s suffrage in 1918 (Metropole, “Your Right to Vote in Austria”).

Azerbaijan

Section 3 of the Constitution of Azerbaijan established the major rights and freedoms of citizens of Azerbaijan, including human rights, property rights, equality rights, the right to vote and freedom of speech. According to the Law passed in the parliament, in 1919, Azerbaijan all citizens of the Republic who had reached the age of 20 were granted voting rights (Azerbaijan, “Interesting Facts”).

The Bahamas

The Bahamas Parliamentary Elections Act of 1992 specifies the registration of voters, how the electoral broadcasting council shall conduct its work, how elections are performed and how nominations are seeked (Political Database of the Americas, “Bahamas: Parliamentary Elections Act, 1992”).

Bahrain

Under Chapter I, Article 1 of the 2002 Constitution all citizens are able to participate in public affairs and political rights such as voting (Constitute Project, "Bahrain's Constitution of 2002").

Bangladesh

The Constitution of 1972, under section VII, states the Qualifications for registration as voter and grants the right to people who are eligible to vote (Laws of Bangladesh, “The Constitution of the People‌‌‍’s Republic of Bangladesh”).

Barbados

Barbados Independence Order of 1966 and the Constitution of Barbados established the right to vote for all citizens (Food and Agriculture Organization of the United Nations, “Barbados”).

Belarus

Article 38 of the 1994 Constitution of the Republic of Belarus states that citizens have the right to vote freely and officials must be elected through a secret ballot (Constitute Project, Belarus's Constitution of 1994 with Amendments through 2004).

Belgium

Beglain citizens are automatically registered on the electoral rolls when reaching the age of 18 and are subject to compulsory voting under Article 62 of the Belgian Constitution (Legislationline, “The Belgian Constitution”).

Belize

The 31 members of the House of Representatives are directly elected to five-year terms and the Senate has 12 seats. The ruling party, the opposition, and several civil associations select the senators, who are then appointed by the governor general. (Freedom House, “Belize”).

Benin

The president is elected by popular vote for up to two five-year terms and Delegates to the 83-member, unicameral National Assembly serve four-year terms and are elected by proportional representation. The April 2019 legislative elections were not free or fair, as the implementation of new electoral rules effectively prevented all opposition parties from participating (Freedom House, “Benin”).

Bhutan

The Constitution provides for a bicameral Parliament, with a 25-seat upper house, the National Council, and a 47-seat lower house, the National Assembly. Members of both houses serve five-year terms. The king appoints five members of the nonpartisan National Council, and the remaining 20 are popularly elected as independents, while the National Assembly is entirely elected (Freedom House, “Bhutan”).

Bolivia

Section 2 Article 26 of the Constitution grants the right for universal suffrage for all people (Constitute Project, “Bolivia’'s Constitution of 2009”).

Bosnia and Herzegovina

In accordance with Article II 1, Article IV 1.2 and 4.a and the Article V 1.a of the Constitution of Bosnia and Herzegovina and Article V of the Annex 3 of the General Framework Agreement for Peace in Bosnia and Herzegovina, the Election Law Of Bosnia And Herzegovina was developed in 2001 to promote free and fair elections (Legislationline, “Election Law of Bosnia and Herzegovina”).

Botswana

Botswana has a unicameral, 65-seat National Assembly. Voters directly elect 57 members to five-year terms, while 6 members are nominated by the president and approved by the National Assembly (Freedom House, “Botswana”).

Brazil

Chapter IV, Political Rights, Article 14 of the Brazilian Constitution grants universal suffrage with compulsory voting to those over the age of 18 (Constitute Project, “Brazil's Constitution of 1988 with Amendments through 2017”).

Brunei

The unicameral Legislative Council has no political standing independent of the sultan, who appoints most members. Brunei has not held direct legislative elections since 1962 (Freedom House, "Brunei").

Bulgaria

Under the 1991 Constitution Article 42, every citizen above the age of 18 is free to participate in elections of state and local authorities and in referendums (Constitute Project, "Bulgaria's Constitution of 1991 with Amendments through 2015").

Burkina Faso

Under Article 33 of Title II in the Constitution of Burkina Faso, suffrage is direct or indirect and is universal, equal and secret (Constitute Project, “Burkina Faso's Constitution of 1991 with Amendments through 2015”).

Burundi

Under Article 8 of Title I, of The State and of The Sovereignty of The People, all Brudians are granted universal suffrage if they are 18 years of age (Constitute Project, “Burundi's Constitution of 2005”).

Cambodia

Khmer citizens 18 years or older are granted the right to vote through universal suffrage under Article 34 of the Constitution (Constitute Project, “Cambodia's Constitution of 1993 with Amendments through 2008”).

Cameroon

Under Part I, The State and Sovereignty, Article 2 of the Cameroon Constitution, voting is equal, secret and by universal suffrage. It is granted to every citizen 20 years of age and older (Constitute Project, “Cameroon's Constitution of 1972 with Amendments through 2008”).

Canada

In 1876, only men who were 21 years of age or older, and who owned property were able to vote in federal elections. In 1918 Canadian women were given the right to vote in federal elections if they met the same eligibility criteria as men. The 1982 The Canadian Charter of Rights and Freedoms affirms the right of every Canadian citizen to vote and to stand as a candidate (Elections Canada, “A Brief History of Federal Voting Rights in Canada”).

Cape Verde

Under Chapter II, Rights, Liberties and Guarantees in Political Participation, Article 54 of the Cape Verde Constitution all citizens at least 18 years of age have the right to vote and participate in political life directly and through freely elected representatives (Constitute Project, “Cape Verde's Constitution of 1980 with Amendments through 1992”).

Central African Republic

The Constitution of the Central African Republic states under Title II, Of the State and Of Sovereignty, Article 19 that universal suffrage may be direct or indirect as every citizen over 18 has a duty to vote (Constitute Project, “Central African Republic's Constitution of 2004 with Amendments through 2010”).

Chad

Universal suffrage is granted directly or indirectly and is equal and secret for those 18 years of age or older under Title I, Of the State and Of Sovereignty, Article 6 of the Constitution of Chad (Constitute Project, “Chad's Constitution of 1996 with Amendments through 2005”).

Chile

The Constitution of Chile, Chapter II, Nationality and Citizenship, Article 13 grants Chileans who have reached 18 years of age voting rights. (Constitute Project, “Chile's Constitution of 1980 with Amendments through 2015”).

China

Under Chapter II, The Fundamental Rights and Duties of Citizens, Article 34 all citizens 18 years of age have the right to vote and stand for election without discrimination. (Constitute Project, “China (People’s Republic of)'s Constitution of 1982 with Amendments through 2018”).

Colombia

Under Title III, Chapter II, all citizens 18 years of age have the right to vote in all elections. In addition, an Act may grant Alien’s who reside in Colombia the right to vote in municipal and district level elections. (Constitute Project, “Colombia’s Constitution of 1991 with revisions through 2015”).

Comoros

According to Title I, Article 4, suffrage can be indirect or direct and is universal, equal and secret. All Comorians of either sex who are in possession of their civi and political rights may vote as provided for by the statute. (Constitute Project, "Comoros's Constitution of 2001 with Amendments through 2009").

Democratic Republic of the Congo

Section II Sovereignty, Article 5 establishes the conditions of organization of the elections and of the referendum. Suffrage is universal, equal, secret and can be direct or indirect. Without prejudice to the provisions of article 70, 102 and 106 all Congolese of both sexes, of 18 years of age, and enjoying their civil and political rights are electors and eligible. (Constitute Project, “Congo (Democratic Republic of the)'s Constitution of 2005 with Amendments through 2011”).

Republic of the Congo

Under Title I, Of The State and Of Sovereignty, Article 6, suffrage is direct or indirect and is free, equal and secret. Established by the law all Congolese 18 years of age, enjoying their civil and political rights are electors. (“Congo (Republic of the)'s Constitution of 2015”).

Costa Rica

According to Title VIII, Chapter II, all birthright citizens 18 years or older and naturalized citizens, 12 months or greater after naturalization, have the right to suffrage facilities. (Constitute Project, “Costa Rica’s Constitution of 1949 with revisions through 2020).

Croatia

Under Title II, Article 45, all birthright citizens 18 years or older, have access to universal, and equal suffrage through secret and direct ballots to determine the Croatian Parliament, President of the Republic of Croatia, and the European Parliament. (Constitute Project, “Croatia’s Constitution of 1991 with revisions through 2013).

Cuba

Article 205 of Cuba’s Constitution states that voting is the right of all Cuban citizens over the age of 16 unless they have been judicially disqualified to vote. Article 104 states that the National Assembly of the People’s Power is made up of representatives elected via direct, free, and secret elections. Additionally, Article 126 states that the President is elected by similar principles. (Constitute Project, “Cuba’s Constitution of 2019).

Cyprus

Under Article 63, Part II, all birthright citizens at the age of 18 years or older are eligible to be electors in either the Greek or Turkish electoral list based on their own nationality. Within each list the elector may vote for their respective representative. (Constitute Project, “Cyprus’ Constitution of 1960 with revisions through 2013).

Czech Republic

According to Chapter I, Article 56, all citizens at the age of 18 years or older have a right to direct and universal voting. Under Chapter 2, this voting is done by secret ballot and is based on proportional representation. (Constitute Project, “Czech Republic’s Constitution of 1993 with revisions through 2013).

Denmark

Under Part 4, all citizens who are permanent residents of Denmark and are at the age of suffrage, which is set by referendum, can vote in Folketing elections. (Constitute Project, “Denmark’s Constitution of 1953).

Djibouti

Under Title I, Article V, all Djiboutian nationals of majority have a right to Suffrage regardless of gender. (Constitute Project, “Djibouti’s Constitution of 1992 with revisions through 2010).

Dominica

Under Chapter III, Part 1, any resident who is a birthright citizen or naturalized citizen of Dominica and is over the age of 18 has a right to suffrage via a secret and unimposed ballot unless this right has been taken away by Parliament. (Constitute Project, “Dominica’s Constitution of 1978 with revisions through 2014).

Dominican Republic

Article 208 in the Dominican Republic’s constitution grants the right of universal, direct, free, and secret suffrage to all citizens over the age of 18, with the exceptions of Members of the Armed Forces and individuals whose rights have been revoked by courts. (Constitute Project, “Dominican Republic’s Constitution of 2015).

East Timor

Article 47 of the Constitution grants those over the age of 17 the right to vote. Voting constitutes a civic duty and is personal (Constitute Project, “Timor-Leste's Constitution of 2002”).

Ecuador

Under Article 62 of the Constitution of Ecuador voting is mandatory for those over the age of 18. Voting is optional for those between the ages of 16-18 and elderly persons 65 years of age and older (Constitute Project, “Ecuador's Constitution of 2008”).

Egypt

Part II, Rights and Freedoms, Article 55 of the Egyptian Constitution grants universal suffrage and compulsory voting for every Egyptian citizen over 18. If one fails to vote, they can receive a fine or even imprisonment, but a significant percentage of eligible voters do not vote (Constitute Project, “Egypt's Constitution of 2012”).

El Salvador

The Constitution of El Salvador grants its citizens political rights under Chapter III, Citizens, Their Political Rights and Duties in The Electoral Body. Article 71 allows those over the age of 18 to vote and Article 72 secures the exercise of suffrage (Constitute Project, “El Salvador's Constitution of 1983 with Amendments through 2014”)

Equatorial Guinea

Under the First Title, Fundamental Principles of the State, Article 2 of the Constitution of Equatorial Guinea grants the people with sovereignty to be exercised by way of universal suffrage (Constitute Project, “Equatorial Guinea's Constitution of 1991 with Amendments through 2012”).

Eritrea

Eritrea is a militarized authoritarian state and there has not been a national election since the independence from Ethiopia in 1993 (Freedom House, “Eritrea”).

Estonia

Chapter III, The People, Article 56 allows for the supreme power of state to be exercised by the people through citizens with the right to vote. Article 57 grants the right to vote to those of the age of 18 (Constitute Project, “Estonia's Constitution of 1992 with Amendments through 2015”).

Eswatini

Under Chapter VII, The Legislature, Section 88, Qualifications as a Voter, a person is qualified to vote if they are of the age of 18 and a citizen or ordinarily resident in Swaziland (Constitute Project, “Eswatini Constitution of 2005”).

Ethiopia

Article 38 of the Ethopian Constitution grants every Ethiopian national that is 18 years of age, without any discrimination, to take part in the conduct of public affairs, directly and through freely chosen representatives through universal and equal suffrage (Constitute Project, “Ethiopia's Constitution of 1994”).

Fiji

According to Chapter 3, Parliament, Part B, Composition, Section 55, Voter Qualifications and Registration, of the Constitution of Fiji every citizen who is 18 years of age has the right to be registered as a voter, in the manner and form prescribed by a written law governing elections or registration of voters. (Constitute Project, “Fiji's Constitution of 2013”)

Finland

Section 14 of the Finish Constitution grants universal suffrage to every Finnish citizen who has reached 18 years of age and has the right to vote in national elections and referendums (Constitute Project, “Finland's Constitution of 1999 with Amendments through 2011”).

France

Under Article 3 of the French Constitution suffrage may be direct or indirect and will always be universal, equal and secret. (Constitute Project, “France's Constitution of 1958 with Amendments through 2008”)

Gabon

Under Title I, Article 4, Suffrage can be direct or indirect, is universal and secret. Gabonese citizens must be at least 18 years of age to vote. (Constitute Project, “Gabon’s Constitution of 1991 with Amendments through 2011”).

The Gambia

According to Chapter 5, Article 39, every citizen over the age of 18 and of sound mind is eligible to vote in universal elections through a secret ballot to freely elect representatives. (Constitute Project, “Gambia’s (The) Constitution of 1996 with Amendments through 2018”).

Georgia

Under Article 37 and Article 74 of Georgia’s Constitution, citizens have the right to vote in local elections and for members of Parliament in fair and free elections by secret ballots. (Constitute Project, “Georgia’s Constitution of 1995 with revisions through 2018”).

Germany

Under Article 37 of Germany’s constitution, every citizen over the age of 18 is allowed to vote in elections. Members of the German Butdestag are elected every four years via free, equal, direct, and secret elections (Constitute Project, “Germany’s Constitution of 1949 with Amendments through 2014”).

Ghana

Under Chapter 7, Article 42, every citizen over the age of 18 and of sound mind is eligible to vote in public elections and referendum via secret ballot. (Constitute Project, “Ghana’s Constitution of 1992 with Amendments through 1996”).

Greece

Under Section III, Article 51, every citizen who has met the minimum age requirement of 18, is not legally incapactiated, and has not had the right revoked for criminal actions must vote for members of Parliament via direct and secret ballots.(Constitute Project, “Greece’s Constitution of 1975 with Amendments through 2008”).

Grenada

Under Chapter III, Part I, any citizen who is 18 years of age or older may vote for his/her district representative for the House of Representatives unless that right has been legally revoked by Parliament. (Constitute Project, “Grenada’s Constitution of 1973, Reinstated in 1991 and with Amendments through 1992”).

Guatemala

Under Chapter II, any citizen, by definition over 18 years of age, has the freedom of suffrage. Citizens may cast secret ballots to elect the Congress of the Republic, President, and Vice-President. (Consitute Project, “Guatemala’s Constitution of 1985 with Amendments through 1993”).

Guinea

Under Guinea’s Constitution, the President and members of the legislature are elected via free, equal, direct, and secret elections. All citizens are allowed to vote as long as they are over 18 and meet citizenship requirements. (Constitute Project, “Guinea’s Constitution of 2010”).

Guinea-Bissau

According to Section II, Article 63, The President of the Republic is elected through universal, secret suffrage of the electing citizens. Electing citizens must be 18 years or older. (Constitute Project, “Guinea-Bissau’s Constitution of 1984 with Amendments through 1996”).

Guyana

According to Title II, persons 18 years or upwards and either a citizen of Guyana or a commonwealth citizen who has also been a Guyana resident for 1 year may vote in elections for Parliament. (Constitute Project, “Guyana’s Constitution of 1980 with Amendments through 2016”).

Haiti

Under Article 17, Haitians 21 years or older may participate in universal voting regardless of sex or marital status. (Constitute Project, “Haitian Constitution of 1987 with Amendments through 2012”).

Honduras

According to Article 5, voting is seen as a public duty. All Honduras citizens, by definition over the age of 18, are obligated to vote in universal, egalitarian, direct, free, and secret elections. (Constitute Project, “Honduras’ Constitution of 1982 with Amendments through 2013”).

Hungary

Under Articles 2 and 35, members of the National Assembly and of Local government are elected via fair and equal elections. (Constitute Project, “Hungry’s Constitution of 2011 with Amendments through 2016”).

Iceland

Under Article 33, all Icelandic citizens of the age of 18 or older have the right to vote in Althingi. Permanent naturalized Icelandic citizens is a requirement for non-birthright persons who wish to vote. Under Article 5, such persons may also vote for president. (Constitute Project, “Iceland’s Constitution of 1944 with Amendments through 2013”).

India

Article 326 of the Constitution provides that the elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage. The Constitution Act of 1988, the Sixty-first Amendment changed the age of voting to 18 (Government of India, “The Constitution (Sixty-first Amendment) Act, 1988”).

Indonesia

Citizens of Indonesia vote for members of the People’s Representative Council as long as they are over 17 and have a valid voter ID card. (Constitute Project, “Indonesia’s Constitution of 1945, reinstated in 1959 with Amendments through 2002”).

Iran

Under Article 62, the Islamaic Consultative Assembly is elected directly by the people through a secret ballot. Eligible voters must either be birthright citizens of the Islamic Republic of Iran or naturalized citizens and of an age dictated by referendums and law. Under Article 6, the President and referendums must also be voted on by the public. (Constitute Project, “Iran’s (Islamic Republic of) Constitution of 1979 with Amendments through 1989”).

Iraq

In Article 20, the Iraqi Constitution states that all citizens shall have the right to vote, elect, and run for office. The voting age in Iraq is 18 years old. (Constitute Project, “Iraq’s Constitution of 2005”).

Republic of Ireland

Under Article 16, all Irish citizens over the age of 18 have the right to universal elections of the Dáil Éireann. Under Article 12, all Irish citizens who have the right to vote for the Dáil Éireann have the right to vote for the President through Single Transferable Vote elections. (Constitute Project, “Ireland’s Constitution of 1937 with Amendments through 2019”).

Israel

Under Article 5, all Israeli Nationals over the age of 18 have the right to vote in elections to the Knesset, unless a court has deprived them of that right. (Constitute Project, “Israel’s Constitution of 1958 with Amendments through 2019”).

Italy

Under Article 48, any citizen, regardless of gender, who has attained majority is entitled to vote. The vote is free, secret, and a civic duty. The Chamber of Deputies is elected via universal suffrage, the Senate of the Republic is elected via regional voting, (Constitute Project, “Italy’s Constitution of 1947 with Amendments through 2020”).

Ivory Coast

Under Article 48, any citizen, regardless of gender, who has attained majority is entitled to vote. The vote is free, secret, and a civic duty. The Chamber of Deputies is elected via universal suffrage, the Senate of the Republic is elected via regional voting, (Constitute Project, “Italy’s Constitution of 1947 with Amendments through 2020”).

Jamaica

According to Article 37, any Jamaican citizen 21 years or older may be an elector in elections for the House of Representatives. Any naturalized citizen may also vote in elections for the House of Representatives as long as they have been naturalized for at least 12 months prior to registering to vote. (Constitute Project, “Jamaica’s Constitution of 1962 with Amendments through 2015”).

Japan

According to Article 15, Japanese citizens have an inalienable right to elect their public officials, both local and to the house of representatives. Universal adult suffrage is guaranteed to all citizens above an age set by referendum. (Constitute Project, “Japan’s Constitution of 1946 with Amendments”).

Jordan

According to Article 67, the House of Representatives shall be composed of members elected by general, secret and direct elections by the citizens of Jordan which will be defined by law. (Constitute Project, “Jordan’s Constitution of 1952 with Amendments through 2016”).

Kazakhstan

According to Article 86, local representatives shall be elected by the of-age population through universal, secret suffrage for a five year term. In addition, under Article 41, the President of the Republic shall also be elected by the of-age population through universal suffrage via a secret ballot. (Constitute Project, “Kazakhstan’s Constitution of 1995 with Amendments through 2017”).

Kenya

Under Article 38, every citizen has the right to free and fair elections based on universal suffrage. Every citizen over the age of 18 can register as a voter, vote by secret ballot or in a referendum, and run for elected office. (Constitute Project, “Kazakhstan’s Constitution of 2010”).

Kiribati

Under Article 64, every citizen of Kiribati who is over 18 and is a resident of one of the electoral districts established by the Kiribati constitution is entitled to be an elector in the district in which he is a resident. The person may then vote for his representative in the Maneaba ni Maungatabu. (Constitute Project, “Kiribati’s Constitution of 1979 with Amendments through 2013”).

Kuwait

Under Article 87, citizens have a right to elect members of The National Assembly every 4 years or if the Emir calls for a special election after dissolving The National Assembly. (Constitute Project, “Kuwait’s Constitution of 1979, reinstated in 1992”).

Kyrgyzstan

Under Article 2, all citizens over the age of 18 are entitled to universal suffrage by equal and direct elections with secret ballots. Citizens vote for the President of the country and members of the Jogorku Kenesh. (Constitute Project, “Kyrgyzstan’s Constitution of 2010, with Amendments through 2016”)

Laos

Under Article 4, members of the National Assembly and the Local People’s Assemblies are voted into office via equal and direct voting with secret ballots. The voting age in Laos is 18 years old. (Constitute Project, Laos’s Constitution of 1991, with Amendments through 2015)

Latvia

Under Chapter II, Article 6, The Saeima shall be elected in general, equal, and direct elections and by secret ballot through proportional representation by Latvian citizens over 18 years of age. Citizens who are eligible to vote for The Saeima are also eligible to vote in national referendums according to Chapter III, Article 80 of the Latvian Constitution. (Constitute Project, “Latvia’s Constitution of 1992, reinstated in 1991, with Amendments through 2016”).

Lebanon

Under Article 21, every Lebanese citizen twenty-one years or older has the right to vote in public elections. Elections elect members to the Board of Deputies. (Constitute Project, Lebanon’s Constitution of 1926 with Amendments through 2004”).

Lesotho

Under Article 57, Citizens of Lesotho who are 18 years of age or older and reside in Lesotho may vote in elections to The National Assembly, which is the first chamber of the Lesotho government. (Constitute Project, “Lesotho’ Constitution of 1993 with Amendments through 2018”).

Liberia

Under Article 83, Citizens of Liberia may vote for the President, Vice-President, members of the Senate, members of The House of Representatives, and referendum once they meet the legal adult age as dictated by law. (Constitute Project, Liberia’s Constitution of 1986”).

Libya

Under Article 18, The National Transitional Council is the electoral body responsible for electing the President of Libya. This council consists of members of the local councils throughout the country. (Constitute Project, Libya’s Constitution of 2011 with Amendments through 2012”).

Liechtenstein

According to Article 46, Parliament shall consist of 25 publicly selected representatives that will be elected through secret, universal, and direct suffrage by Liechtenstein citizens over the age set by law. (Constitute Project, “Liechtenstein’s Constitution of 1921 with Amendments through 2011”).

Lithuania

According to Article 78, any citizen who has reached the age of 18 by election day has a right to vote in public, direct, and secret elections for the President of the Republic. Under Article 34, those who are eligible to vote for the President of the Republic may also participate in the elections of the Seimas. (Constitute Project, “Lithuania’s Constitution of 1992 with Amendments through 2019”).

Luxembourg

Under Article 32bis, The Deputies of the Chamber of Deputies are elected by universal suffrage following the rules of proportional representation. Any Luxembourg citizen of the age of 18 or older is eligible to vote in these elections according to Article 52. (Constitute Project, “Luxembourg’s Constitution of 1868 with Amendments through 2009”).

Madagascar

Under Article 5, Madagascar’s Constitution grants universal suffrage via direct and indirect elections. The voting age in Madagascar is 18 years old. Additionally, Article 45 states that the President of the Republic is voted into office every 5 years by universal direct suffrage. (Constitute Project, “Madagascar's Constitution of 2010 ”).

Malawi

Under Article 77, an eligible voter must be a citizen of Malawi or a Malawi resident of at least 7 years, 18 years of age or older, and a resident of the constituency of which they are trying to vote. If all of these are true, the voter may participate in general elections, by-elections, presidential elections, local government elections, and referendums. (Constitute Project, “Malawi’s Constitution of 1994 with Amendments through 2017”).

Malaysia

Under Article 119, every citizen of Malaysia who is the age of 21 years or older, is a resident in a constituency, and is registered as an elector in the constituency in which he/she resides is eligible to vote in elections to the House of Representatives or the Legislative Assembly. (Constitute Project, “ Malaysia’s Constitution of 1957 with Amendments through 2007”).

Maldives

According to Article 26, every citizen over the age of 18 has the right to vote in elections and public referendums via secret ballots and run for office in the Maldives. According to Article 10, the President is elected by universal suffrage. (Constitute Project, “Maldives’s Constitution of 2008 ”).

Mali

According to Article 27, suffrage is granted to all citizens of Mali over the age of 18 to participate in universal, equal, and secret elections. The President of Mali is elected every 5 years by an absolute majority of votes. Additionally, under Article 61, the Deputies are elected every 5 years via universal suffrage. (Constitute Project, “Mali’s Constitution of 1992 ”).

Malta

According to Article 57, a citizen of Malta over the age of 18 and currently residing in Malta may vote in secret elections via transferable voting. These public elections are used to determine the members of the House of Representatives through proportional representation. (Constitute Project, “Malta’s Constitution of 1964 with Amendments through 2016”).

Marshall Islands

According to Section 3, elections of the members of Nitijela shall be conducted via a secret ballot system based on universal suffrage of those who have attained the age of 18 years or greater unless they are certified insane or are currently serving time for a felony. (Constitute Project, “Marshall Islands’ Constitution of 1979 with Amendments through 1995”).

Mauritania

Under Article 3, suffrage, both indirect and direct, must be universal, equal, and secret and is a right provided to everyone who has met the legal age requirement regardless of gender. Article 26 states that The President is elected by universal suffrage. Under Article 47, the Deputies to the National Assembly are elected via direct suffrage, however the senators are elected via indirect suffrage in order to represent the all territories of The Republic. (Constitute Project, “Mauritania’s Constitution of 1991 with Amendments through 2012”).

Mauritius

Under Article 42, a person may be an elector if they are a citizen of at least 18 years of age and reside in the constituency in which they wish to vote. Electors shall elect members of The Parliament of Mauritius which consists of 70 members and elects the President. (Constitute Project, “Mauritius’ Constitution of 1968 with Amendments through 2016”).

Mexico

Under Article 52, Mexicans of 18 years of age or older may participate in public elections. The House of Representatives shall be elected 1/3rd through uninominal voting and 2/3rds through proportional representation. All 128 senators shall be elected via majority voting by their own state. Under Article 41, elections of the legislative branch and executive branch shall be free, authentic, and periodical through universal and direct voting. (Constitute Project, “Mexico’s Constitution of 1917 with Amendments through 2015”).

Federated States of Micronesia

Under Article VI, a citizen of 18 years of age or greater may vote in secret national elections to the Senate. Law shall determine the length of time one must be a resident to register to vote. Conviction of a crime and insanity remove ones ability to vote. (Constitute Project, “Micronesia’s (Federal States of) Constitution of 1978 with Amendments through 1990”).

Moldova

Under Article 38, all citizens who have attained 18 years of age have a right to suffrage unless prevented by law. Article 61 states that elections for the Parliament shall be elected by universal, direct, equal, secret, and freely expressed suffrage. Under Article 78, the President shall be elected by similarly run elections with a majority needed to become elected. If a majority is not found after the first ballot, a second ballot will be voted upon with the top two candidates to determine the winner. (Constitute Project, “Moldova’s (Republic of) Constitution of 1994 with Amendments through 2016”).

Monaco

According to Article 53, the 24 members of The National Council are elected by direct universal suffrage. Electors are Monegasque citizens, of either gender, who have reached 18 years of age. (Constitute Project, “Monaco’s Constitution of 1962 with Amendments through 2002”).

Mongolia

According to Article 21, members of The State Great Hural shall be elected by citizens who are qualified to vote, via universal, free, and direct voting. Under Article 31, each political party in The State Great Hural may provide one nominated presidential candidate which the citizens may vote on. (Constitute Project, “Mongolia’s Constitution of 1992 with Amendments through 2001”).

Montenegro

The Constitution of Montenegro states that citizens (age 18 or older) are entitled to vote in national elections for members of Parliament and for the President. (Constitute Project, “Montenegro’s Constitution of 2007 with Amendments through 2013”).

Morocco

Article 2 of Morocco’s Constitution states that representatives are elected by the people via principles of universal and free suffrage. Article 30 expands on the claim to universal suffrage stating that voting is a “personal right and national duty” granted to Moroccan citizens (age 18 and older). (Constitute Project, “Morocco’s Constitution of 2011”).

Mozambique

Under Article 73, citizens of Mozambique are granted the right of universal, direct, and equal suffrage by secret ballot. Citizens of Mozambique can vote once they are 18 years old. (Constitute Project, “Mozambique’s Constitution of 2004 with Amendments through 2007”).

Myanmar

Article 391 of Myanmar’s Constitution states that citizens at least 18 years old have the right to vote for each Hluttaw of their constituency. The only individuals that are not allowed to vote are those 1) “members of religious orders,” 2) those serving sentences, 3) incompetent individuals, 4) individuals otherwise disqualified by law. (Constitute Project, “Myanmar’s Constitution of 2008 with Amendments through 2015”).

Namibia

Under Article 17, every citizen of Namibia, who has reached the age of 18, has a right to suffrage. Article 28 states that the President shall be elected under direct, universal, and equal suffrage. The National Assembly, under Article 46, shall be composed of 96 members who are elected by general, direct, and secret ballot. 8 other members shall be appointed by the President. (Constitute Project, “Namibia’s Constitution of 1990 with Amendments through 2014”).

Nauru

Article 84 states that citizens of Nauru can vote for members of Parliament and for referendums based on the principles of universal suffrage. The voting age in Nauru is 20 years old. (Constitute Project, “Nauru’s Constitution of 1968 with Amendments through 2015”).

Nepal

Under Article 84, any Nepali citizen who has attained the age of 18 years has a right to suffrage. The House of Representatives consists of 165 members to be elected through the post electoral system and 110 elected through a proportional representation electoral system. The National Assembly is voted upon by local elected leaders according to Article 86. According to Article 62, members from The National Assembly and The House of Representatives make up an electoral college to elect the President. (Constitute Project, “ Nepal’s Constitution of 2015 with Amendments through 2016”).

Kingdom of the Netherlands

Article 4 of the Dutch Constitution states that every Dutch citizen has the right to elect members of Parliament and run for office, so long as they are over the age of 18. The voting age is set by Parliament. (Constitute Project, “ Kingdom of the Netherland's Constitution of 1814 with Amendments through 2008”).

New Zealand

Article 12 of New Zealand’s Constitution grants citizens over the age of 18 the electoral rights of voting for members of the House of Representatives by secret ballot and to run to be a member of the House of Representatives. (Constitute Project, “New Zealand’s Constitution of 1852 with Amendments through 2014”).

Nicaragua

Under Article 2 of Nicaragua’s Constitution, Nicaraguan citizens are granted the right of “sovereign power through their representatives” via equal, direct, universal and secret suffrage. Articles 132, 146, and 178 grant the right for citizens to vote for the President, legislators in the National Assembly, and local officials. (Constitute Project, “ Nicaragua’s Constitution of 1987 with Amendments through 2014”).

Niger

Article 7 of Niger’s Constitution grants Nigerian citizens over the age of 18 or “emancipated minors the right to direct and indirect suffrage via equal, free, and secret ballots. Articles 47 and 84 states that the President and The Deputies are elected via universal suffrage (Constitute Project, “ Niger’s Constitution of 2010 with Amendments through 2017”).

Nigeria

Article 4 of Nigeria’s Constitution grants citizens the right to vote for members of the House of Assembly. Article 117 states that any citizen over the age of 18 that is registered to vote may do so in these elections. (Constitute Project, “ Nigeria’s Constitution of 1999 with Amendments through 2011”).

North Korea

Under Article 6, citizens of the Democratic People’s Republic of Korea are granted the right of universal, equal and direct suffrage. Citizens over the age of 17 can vote for members of the Supreme People’s Assembly according to Article 89 and the local People’s Assembly under Article 138. (Constitute Project, “ North Korea’s Constitution of 1972 with Amendments through 2016”).

North Macedonia

Article 22 in the Constitution of North Macedonia grants citizens over the age of 18 the right to vote in universal and direct elections with secret ballots. If a person is “deprived of the right to practice their profession by a court verdict,” they lose their right to vote. Citizens vote for the Assembly of the Republic of Macedonia under Article 62 and the President of the Republic under Article 81. (Constitute Project, “North Macedonia (Republic of)'s Constitution of 1991 with Amendments through 2011”).

Norway

Article 50 of Norway’s Constitution grants nearly all citizens over the age of 18 the right to vote. Citizens residing outside Norway during the election or who “Suffer from a seriously weakened mental state” are subject to the determination of law on whether or not they may vote. (Constitute Project, “Norway's Constitution of 1814 with Amendments through 2014”).

Oman

Under Article 58bis 9 of Oman’s Constitution, members of the Majlis Al Shura are elected through direct and secret votes. Citizens of Oman must be 21 or older to vote for these members. (Constitute Project, “ Oman’s Constitution of 1996 with Amendments through 2011”).

Pakistan

Article 51 states that an individual in Pakistan may vote if they are a citizen, are over the age of 18, are registered to vote, and have a sound mind. Members of the National Assembly are elected via direct and free suffrage. (Constitute Project, “ Pakistan’s Constitution of 1973, reinstated in 2002 with Amendments through 2018”).

Palau

Article 7 of the Constitution of Palau grants citizens over the age of 18 the right to vote in National and state elections. The Olbiil Era Kelulau (the legislative body) determines the residency requirements of voting in these elections. (Constitute Project, “Palau’s Constitution of 1981 with Amendments through 1992”).

Panama

Article 135 states that it is the right and duty of all citizens of Panama to vote in their free, universal, direct, and secret elections. The voting age in Panama is 18. Article 150 states that the members of the National Assembly of Panama are voted into office. (Constitute Project, “ Panama’s Constitution of 1972 with Amendments through 2004”).

Papua New Guinea

Under articles 50 and 126 all citizens over the age of 18 may vote unless they are serving a sentence over 9 months, have been convicted of a crime or have dual citizenship. Voters elect the members of Parliament via universal suffrage. (Constitute Project, “ Papua New Guinea’s Constitution of 1975 with Amendments through 2016”).

Paraguay

Article 118 of Paraguay’s Constitution states that it is the right and duty of citizens to vote in their universal, direct, equal and secret elections. Article 120 states that the voting age is 18 and that Paraguayan citizens living abroad may also vote. (Constitute Project, “ Paraguay’s Constitution of 1992 with Amendments through 2011”).

Peru

Under articles 111 and 191 the President and the Regional Governors are elected through universal suffrage. The voting age in Peru is 18 years of age. (Constitute Project, “ Peru’s Constitution of 1993 with Amendments through 2021”).

Philippines

Article 5 of the Constitution of the Philippines concerns suffrage, stating that citizens over the age of 18 that have resided in the country for the previous year are entitled to vote. Article 6 states that the members of the Senate, House of Representatives, and the President are elected to office by universal suffrage. (Constitute Project, “ Philippines’s Constitution of 1987”).

Poland

Article 62 of the Polish Constitution grants citizens over the age of 18 the right to vote for the President and representatives of the Sejm and Senate and participate in referendums. Article 127 states that the President of the Republic is elected by the people every 5 years via universal, direct, and secret voting. (Constitute Project, “ Poland’s Constitution of 1997 with Amendments through 2009”).

Portugal

Article 10 states that political power is exercised via universal, direct, and secret suffrage granted to citizens of Portugal (over 18 years of age). Article 121 states that the President of the Republic is elected via universal, direct, and secret suffrage. (Constitute Project, “ Portugal’s Constitution of 1976 with Amendments through 2005”).

Qatar

Under article 93 of Qatar’s Constitution the President is elected via secret ballot by the majority of votes from attending members of the Council. Qatar is not a democracy and therefore citizens have not traditionally had the right to vote for political officials. (Constitute Project, “ Qatar’s Constitution of 2003”).

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

The Reform Act of 1832 was the first piece of legislation to expand voting rights in the United Kingdom. It established that men above the age of 21 who were freeholders of property could vote. Universal suffrage was established with the Representation of the People Act 1969, which extended the right to vote to all persons of age (Anglotopia, "The History of Voting Rights in the United Kingdom")

United States

U.S. election laws first were seen in Article 1 of the Constitution, which gave states the responsibility to oversee federal elections. Since then, many Constitutional amendments and federal laws have been put in place to protect voting rights such as the Fifteenth, Nineteenth, and Twenty-sixth Amendment (USA Gov, "Voting and Elections").

Uruguay

Chapter 2 article 77 of the 1966 Constitution of Uruguay states that since every citizen is a member of the sovereignty of the nation, they are eligible to vote and participate in the electoral process (Constitute Project, "Uruguay's Constitution of 1966, Reinstated in 1985, with Amendments through 2004").

Uzbekistan

The law on Election of Citizens' Suffrage in 1994 granted Citizens of the Republic of Uzbekistan the right to take part in public and state affairs both as directly and through their representatives (Legislaionline, "Law on Election of Citizens' Suffrage").

Vanuatu

The 1980 Constitution under Chapter 1, National Sovereignty, The Electoral Franchise and Political Parties, entitles every citizen of age thee right to vote (Constitute Project, "Vanuatu's Constitution of 1980 with Amendments through 2013").

Venezuela

Under the 1999 Constitution of Venezuela, Article 64, all Venezuelans over the age of 18 have the right to vote (Constitute Project, Venezuela's Constitution of 1999 with Amendments through 2009).

Vietnam

According to Chapter I, Political System, Article 7 of the Vietnmaese Constitution the elections are held in accordance with the principles of universal, equal, direct and secret suffrage. Under Chapter II, Human Rights and Citizen’s Fundamental Rights and Duties, Article 27 citizens of the age of 18 have the right to vote (Constitute Project, “Vietnam’s Constitution of 1992 with Amendments through 2013”).

Yemen

Under Part Three, Organization of the State Authorities, Chapter 1, Article 63 of the Yemeni Constitution, The members of the House of Representatives shall be elected in a secret free and equal vote directly by the people (Constitute Project, “Yemen's Constitution of 1991 with Amendments through 2001”).

Zambia

Article 75, clause 1 of the 1991 Constitution grants every citizen of Zambia who has attained the age of eighteen years is entitled to be registered as a voter (Election Access, "Zambia").

Zimbabwe

According to ZImbabwe’s Constitution, Chapter 7, Elections, Part one, Electoral Systems and Processes, Number 155, Principles of the Electoral System, elections must be held regularly and referendums to which the Constitution applies must be peaceful, free, conducted by a secret ballot and based on universal suffrage and equality (Constitute Project, “Zimbabwe's Constitution of 2013”).

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

Other noteworthy written sources that mention an implicit right to vote in a more modern context include Thomas Rainsborough during the British Putney Debates in 1647, where he stated, “I do think that the poorest man in England is not at all bound in a strict sense to that Government that he hath not had a voice to put Himself under.” Rainsborough’s speech at the Putney Debates also alluded to a divine right to vote:

"I do think the main cause why Almighty God gave men reason, it was that they should make use of that reason…every man born in England cannot, ought not, neither by the law of God nor the law of nature, to be exempted from the choice of those who are to make laws for him to live under." (Rainsborough)

In the United States, the 1776 Constitution of Virginia was one of the first written sources to establish a protected right to vote, stating that “all men, having sufficient evidence of permanent common interest with, and attachment to, the community, have the right of suffrage.” Federalist 52, written by James Madison, also alludes to the importance of voting rights, stating “the definition of the right of suffrage is very justly regarded as a fundamental article of republican government” (Avalon Project). Similar to earlier conceptions of democracy as a means of quelling the potential for rebellion, concessions to expand voting rights in Great Britain, in particular, were in large part made by political leaders to “prevent the necessity of revolution” among the population (National Archives). In both of these cases, however, the right to vote was granted solely to property-owning men, and it would not be until the mid-19th Century that the connection between the right to vote and property ownership would be removed in both Great Britain and the United States. Additionally, perceptions of suffrage as a universal right have come about much more recently, with New Zealand becoming the first country to legally recognize suffrage as a universal right in 1893 under Part One of the Electoral Act, which outlined that “every person of the age of twenty-one years or upwards who has resided for one year in the colony” was eligible to vote.

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)?