Voting Rights

Reproductive Justice can only be achieved when Black women, girls, and gender-expansive individuals can vote as equal citizens of the United States, freely and without voter suppression—finally making the rights enshrined in the 14th, 15th and the 19th Amendments of the Constitution real.

The right to vote is a fundamental component of democracy. Black Americans’ fight for the right to vote has been a long and difficult struggle, often marred by brutality and murder. In the past, opponents of equal rights used their power to disenfranchise Black communities through numerous barriers to block people from registering to vote, casting ballots, and holding political of fice.

From Reconstruction until the mid-20th century, state legislatures imposed additional barriers to prevent Black voters from voting, including literacy tests, poll taxes, property ownership requirements, and moral character tests. Black voters were also intimidated, beaten, and murdered to stop them from casting ballots.

The 15th Amendment states: “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. The Congress shall have the power to enforce this article by appropriate legislation.”

To combat the increasingly violent suppression of Black communities— especially in the South—Congress passed the Voting Rights Act of 1965. The Act provided national protections of the right to vote; prohibited states and local governments from passing laws that resulted in discrimination against racial/ethnic minorities; and provided a “pre-clearance process,” whereby any state with
a history of discrimination against racial or language minorities was required to receive approval from the U.S. Department of Justice (DoJ) to ensure that the changes did not discriminate against a protected group. Congress updated the Act in 1970 and 1975.

In 2013, however, a conservative Supreme Court invalidated Section 4(b), a key provision of the Act that had protected voters in states with a history of pernicious voter discrimination. The 5-4 decision in Shelby v. Holder ruled that Section 4(b) was no longer constitutional because it was based on data that were more than 40 years old, and because it constituted an “impermissible burden” on federalism as well as states’ equal sovereignty.

The effect of the Supreme Court’s ruling was to block the DoJ’s ability to enforce voting rights. In the absence of federal oversight, numerous states have passed (and continue to introduce) laws that suppress the voting rights of Black and Brown voters, because they are more likely to cast their ballots for Democratic candidates. Republican legislators in 32 states have introduced more than 150 pieces of legislation to restrict voting rights—including curtailing early voting, restricting mail-in voting, eliminating ballot drop boxes, limiting citizen-led ballot initiatives, and gerrymandering legislative districts. Rather than trying to attract voters by promoting viable policies, Republicans are trying to win and keep power by preventing people from casting their ballots.

Many national and state organiza- tions are leading efforts to address racial injustice in the electoral pro- cess, restore the heart of the Voting Rights Act, and ensure that every American can make their voice heard at the ballot box. Groups are fighting to expand opportunities to register to vote, including same-day, automatic, and online voter registration tion. Additionally, organizations are fighting to expand early and ab- sentee voting and helping voters to obtain needed identification in states where it is required in order to cast a ballot.

The January 6, 2021 attack on the U.S. Capitol by white nationalists and other far-right extremists attempting to overturn the free and fair presidential election laid bare how fragile our democracy is. This insurrection was fomented by former President Trump and his Congressional enablers, who attempted to discard the votes of Black and Brown voters. Their actions were a violent nod to white supremacy. Far-right extremists will do anything to maintain their fragile hold on political power, including chipping away at access to the ballot box—one of the most precious tools we have to preserve our democracy.

The right to vote is a fundamental component of democracy. Black Americans’ fight for the right to vote has been a long and difficult struggle, often marred by brutality and murder.

Achieving social justice and community justice require that individuals have equitable access to resources, protections, and opportunities that foster autonomy, liberty, and well-being.

POLICY RECOMMENDATIONS
Voting rights for all people must be protected . As voters, we must stand up to attacks on our voting rights, re-enforce the constitutional right to cast a ballot without interference, and ensure that our votes are counted .

• Eliminate the Electoral College and the filibuster
The Electoral College is rooted in slavery and stands to undermine the entire democratic process. Every vote should count, and smaller, more conservative states should no longer have outsized influence in Presidential election results. Similarly, the filibuster is an antidemocratic tradition of the U.S. Senate with no constitutional basis—eliminating it would allow the Congress to pass critical, overdue legislation—including several bills that would ensure reproductive justice for Black women, girls, and gender-expansive individuals.

• Pass the John Lewis Voting Rights Advancement Act
The John Lewis Voting Rights Advancement Act would restore the parts of the Voting Rights Act of 1965gutted by the United States Supreme Court in its Shelby v. Holder decision. It would establish new criteria for determining which states and political subdivisions must obtain preclearance before implementing changes to their voting practices. It would also ensure access to early and mail-in voting, and curb dark money’s influence in elections. It would curtail partisan gerrymandering by requiring independent redistricting commissions to draw voting districts, preventing politicians from being able to choose their voters.

• Pass the For the People Act
The For the People Act would help expand security of elections, address gerrymandering, reform campaign finance systems, and make it easier to cast a ballot. Specifically, it would expand voter registration and voting access and limit the removal of voters from voter rolls. It would also enhance and ensure democracy in America by establishing many critical federal election reforms.

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