Understanding Your Voting Rights and Election Processes

Our right to vote is protected by Constitutional amendments and federal laws that prohibit discrimination in voting. Each state has the authority to determine how to administer its elections (time, place, and manner) through its own election administration system. In Georgia, our elections are decentralized, meaning each of our 159 counties administers its own elections, with oversight and support from the Secretary of State’s office. The Georgia State Election Board sets rules and regulations for the administration of elections. Members of the public are allowed to attend public State Election Board meetings, provide comments, and, in some cases, challenge rules or advocate for solutions to ensure everyone has an equitable and meaningful opportunity to vote.

Voting Rights in the United States and Georgia

Federal Voting Rights: The right to vote is protected under the U.S. Constitution and key federal laws:

14th amendment

· Known as the “Equal Protection Clause” this clause has been fundamental in challenging discriminatory voting practices. It prohibits states from denying any person within their jurisdiction equal protection of the laws, which has been used in numerous court cases to fight racial and other forms of voter discrimination.
· Context: Originally intended to protect the rights of formerly enslaved people, the amendment laid the groundwork for future civil rights legislation and court decisions that expanded protections against discriminatory practices, including voting. Although the amendment does not directly address voting, its broad language has been essential in shaping civil and voting rights.

15th amendment

· This amendment prohibits the federal and state governments from denying a citizen the right to vote based on race, color, or previous condition of servitude.
· Context: While it granted African American men the legal right to vote, many states implemented discriminatory practices such as literacy tests, grandfather clauses, and intimidation tactics that severely restricted their ability to vote until the Voting Rights Act of 1965.

17th amendment

· It established the direct election of U.S. Senators by the people of each state, expanding democratic participation beyond just the election of Congressional Representatives. · Context: Prior to this amendment, U.S. Senators were selected by state legislatures. The amendment responded to concerns over corruption and lack of accountability in the selection of Senators, reflecting broader Progressive-era efforts to make government more responsive to the will of the people. The 17th Amendment allowed for direct election by the people, expanding democratic participation and increasing public influence over the legislative branch.

19th amendment

· This amendment prohibits denying the right to vote based on sex, effectively granting women the right to vote.
· Context: Although it expanded suffrage to women, many women of color, particularly African American, Native American, Hispanic, and Asian American women, continued to face barriers to voting due to other discriminatory laws and practices.

24th amendment

· This amendment abolished the use of poll taxes in federal elections, which were a means to disenfranchise low-income and minority voters, especially in the South.
· Context: The Supreme Court case Harper v. Virginia State Board of Elections (1966) later extended this prohibition to state elections as well.

26th amendment

· This amendment lowered the voting age from 21 to 18, ensuring that all citizens 18 years and older have the right to vote in all elections. · Context: The amendment was largely influenced by arguments that those old enough to be drafted for military service should also have the right to vote.