How American voting changed

States set many of the starting rules

The original Constitution tied voting for the U.S. House to each state’s rules for voters choosing its larger legislative chamber. It did not give every adult the vote. Property, tax, race, and sex restrictions differed by state.

Keep in mind: “Only white male landowners could vote” describes a common pattern, not one rule used everywhere.

Source: National Archives: original Constitution

More white men gain access; others lose it

Many states dropped property requirements for white men. But voting rights did not expand for everyone. In New Jersey, some women and free Black people had voted under earlier rules; an 1807 law limited voting to white male citizens who met the state’s requirements.

Keep in mind: A state could expand voting for one group while taking it away from another.

Source: National Park Service: New Jersey voting rights

Soldiers vote away from home

During the Civil War, many Union states created ways for soldiers to vote away from their home polling places. Methods included voting in the field and mailing ballots, proxy votes, or tally sheets.

Keep in mind: Absentee voting has a long history. Today’s rules and safeguards are different from those wartime systems.

Source: Smithsonian Postal Museum: Civil War absentee voting

14th Amendment: citizenship and equal protection

The amendment established a constitutional rule for citizenship by birth or naturalization and required states to provide equal protection of the laws. It did not give every citizen the right to vote.

Source: National Archives: 14th Amendment

15th Amendment: protection against racial exclusion

Governments could not deny a citizen’s vote because of race, color, or previous enslavement. Black men voted and held office during Reconstruction. Later, discriminatory laws, threats, and violence blocked many from voting.

Keep in mind: A constitutional protection did not enforce itself. Poll taxes, unfair reading tests, and other barriers kept many Black citizens from the ballot.

Source: National Archives: 15th Amendment

Chinese immigrants face a citizenship barrier

The Chinese Exclusion Act barred Chinese immigrants from becoming U.S. citizens, as well as restricting immigration. This was a different barrier from denying the vote to someone who was already a citizen.

Source: National Archives: race and naturalization

Official secret ballots spread

Parties had often printed their own ballots, called party tickets. States increasingly adopted government-printed ballots with candidates from different parties, marked in private. This was known as the Australian ballot.

Source: Smithsonian: voting and electioneering

17th Amendment: voters choose U.S. senators

State legislatures had chosen U.S. senators. The 17th Amendment established direct election by voters. The first regular nationwide Senate election under the amendment was in 1914.

Source: U.S. Senate: 17th Amendment

19th Amendment: protection against exclusion based on sex

The amendment barred governments from denying a citizen’s vote because of sex. Some women had already voted in states or territories. Racial discrimination, citizenship restrictions, and other barriers still kept many women from voting.

Keep in mind: 1920 was a major national milestone. It was not the year every woman first gained equal access to the polls.

Source: National Archives: 19th Amendment

Indian Citizenship Act

The law granted U.S. citizenship to Native Americans born in the United States who were not already citizens. Some states continued to block Native voting afterward. The Library of Congress identifies state barriers lasting until 1957.

Keep in mind: Citizenship and being able to vote were not the same thing. Nor did the end of those state bans remove every practical barrier.

Source: Library of Congress: Indian Citizenship Act

Racial barriers to naturalization are removed

Congress made Chinese immigrants eligible for naturalization in 1943. Further laws widened eligibility, and the 1952 Immigration and Nationality Act removed racial restrictions on naturalization. It still kept a restrictive immigration quota system.

Keep in mind: Naturalization means becoming a citizen. Removing a barrier to citizenship did not automatically register someone to vote.

Source: State Department historian: 1952 law

23rd Amendment: D.C. gets a presidential vote

The amendment gave the District of Columbia a role in choosing the president and vice president through the Electoral College. It did not make D.C. a state or give it voting seats in Congress.

Source: National Archives: 23rd Amendment

24th Amendment: no poll tax for federal elections

A poll tax is a tax a person had to pay to vote. The 24th Amendment prohibited this requirement in federal elections. State-election poll taxes were addressed by the Supreme Court two years later.

Source: National Archives: 24th Amendment

Voting Rights Act strengthens federal enforcement

After years of organizing, protests, and court fights, Congress passed the Voting Rights Act. It gave the federal government stronger tools against racial discrimination in voting. Certain places had to get federal approval before changing voting rules—a process called preclearance.

Keep in mind: The law targeted barriers that had continued despite the 15th Amendment. Congress later extended or changed important provisions.

Source: Justice Department: voting-rights history

Harper ruling: no poll tax for state elections

In Harper v. Virginia Board of Elections, the Supreme Court ruled that making payment of a poll tax a condition for voting in state elections violated the 14th Amendment’s Equal Protection Clause.

Source: Supreme Court: Harper decision (PDF)

26th Amendment: voting age 18

Governments could not deny citizens aged 18 or older the vote because of age. The amendment set a nationwide constitutional protection for younger voters.

Source: National Archives: 26th Amendment

Language assistance becomes part of voting protections

Congress expanded the Voting Rights Act’s protections for certain language-minority groups. Covered places must provide required election materials and assistance in the relevant language as well as English. This does not require every place to offer every language.

Source: Justice Department: language assistance

Congress changes how voting discrimination can be proved

Congress amended Section 2 of the Voting Rights Act. A violation could be shown by discriminatory results under the legal test, without proving that officials intended to discriminate. A difference in outcomes alone does not automatically prove a violation.

Source: Justice Department: Section 2

Federal law addresses inaccessible polling places

The Voting Accessibility for the Elderly and Handicapped Act addressed access for older voters and voters with disabilities in federal elections. The law generally requires accessible polling places or an alternative way to vote.

Source: Justice Department: disability and voting laws

Federal protection for military and overseas voters

The Uniformed and Overseas Citizens Absentee Voting Act protected absentee voting in federal elections for covered military voters, eligible family members, and U.S. citizens living abroad.

Source: Justice Department: overseas and military voting

Americans with Disabilities Act

The ADA added broad protection against disability discrimination by state and local governments. Voting access includes registration, usable polling places, communication, and help needed to cast a ballot.

Keep in mind: Having the legal right to vote is not enough if a voter cannot enter the polling place or use the ballot.

Source: Justice Department: ADA and voting

“Motor Voter” law makes registration easier

The National Voter Registration Act required covered states to offer registration for federal elections through driver’s-license services, mail, and certain public-service offices. It also set rules for keeping voter lists accurate while protecting eligible voters from improper removal.

Keep in mind: Most states began using the law in 1995. Some states were exempt because of their existing registration systems.

Source: Justice Department: National Voter Registration Act

Help America Vote Act responds to election problems

After the disputed 2000 election, Congress funded election improvements and set minimum standards. HAVA addressed equipment, accessibility, voter lists, and provisional voting. It also created the U.S. Election Assistance Commission.

Keep in mind: A provisional ballot is held separately while officials check whether the voter is eligible. It is not automatically counted.

Source: EAC: Help America Vote Act

More time for military and overseas ballots

The MOVE Act strengthened the 1986 law. It generally required states to send validly requested absentee ballots at least 45 days before federal elections when requests arrived by then. The law allowed limited hardship waivers.

Source: Justice Department: MOVE Act

Shelby County changes federal pre-approval

The Supreme Court struck down the formula used to decide which places automatically needed federal approval before changing voting rules. It did not strike down Section 5 itself or the whole Voting Rights Act.

Keep in mind: Places covered by that formula no longer needed approval on that basis. A separate court order could still require preclearance.

Source: Justice Department: Shelby County and preclearance

The pandemic changes how many people vote

During the COVID-19 pandemic, many states expanded or encouraged mail voting. The EAC’s 2020 survey found that most voters cast ballots before Election Day, either by mail or early in person. State approaches differed.

Keep in mind: This describes the 2020 election, not the rules for every later election.

Source: EAC: 2020 election survey