The Right to Vote And The 2022 Midterms

Though the right to vote was codified as a fundamental human right in Article 21 of the Universal Declaration of Human Rights in the 20th century, voting has been a cornerstone of American democracy since the nation’s founding in 1776 (though it took a while to realize this right for everyone).  In order to call itself a representative democracy, the United States must represent its citizens through laws and elected officials, which is executed through free and fair elections with equal access to participating in the voting process. In this article, we will be covering the importance of ensuring voter accessibility, some upcoming voter issues from a human rights standpoint, and, of course, how your vote matters! 

Please scroll to the end of this article for information on voter registration, aid in accessing the polls, remote voting options, and how to find your local candidates and docket items.

Source: Steve Rainwater via Flickr

What are Midterms?

Midterm elections are held in the middle of Presidential terms. In midterm elections, eligible citizens vote for the House and Senate candidates that, if elected, shape national laws and policies. The 2022 midterm elections take place this year on Tuesday, November 8, 2022, and will have a major impact on citizens’ rights on both the state and national level. These elections determine which political party will hold the majority in the houses of Congress for the next two years, which can affect everything from the federal budget to national and international policy. Check the current midterms forecast here to see how the House, Senate, and your state elections are predicted to go.

Source: Joe Brusky via Flickr

Each Vote Matters

The most common response I receive when asking why my peers choose not to vote is the thought that, “one vote cannot make a difference”. History disagrees. The 2020 presidential election saw a record voter turnout, with nearly two thirds of all eligible voters (158.4 million people) showing up to the polls. However, midterm elections historically have 10-20% lower voter turnout than presidential elections. For example, the 2018 midterm elections only saw 113 million votes, which is roughly 53% of the eligible voter population; and that was still the highest voter turnout for a midterm election in four decades with a historic average of roughly 40%. That means the elected officials who vote on crucial national policies like minimum wage, education, housing and healthcare are only representative of less than half of Americas eligible voters.

In addition, following the Supreme Court’s decision of Dobbs vs Jackson in June 2022, we have seen a large change in voter demographics as historically conservative states like Kansas, Ohio and Alaska observe spikes in young, female voters and Democrat registrations. On September 13, 2022, Democrat Mary Peltola was sworn in as the first Alaskan Native to be elected as an Alaskan representative in Congress. States that have been dependably Republican for decades are now facing a new population of politically active citizens flocking to all forms of civil engagement in order to change their states, for the present and the future. 

The Voter Issues

As we get closer to the midterm elections, it is important that we recognize both the dangers and the potential solutions that could be determined by the vote this upcoming November. Below you will find some of the largest human rights realms that will be affected by the outcome of the midterms.

Voter Issue: Abortion Rights

In the wake of Dobbs v Jackson, the right to elective abortions has become a prioritized and contentious voting issue for the 2022 midterms. Currently, 26 states are likely, planning to, or have already restricted access to elective abortions following Dobbs. The Pew Charitable Trusts used recent data to create the map below:

Source: The Pew Charitable Trusts

For the first time in five decades, local and state representatives will now determine whether women and people who can get pregnant in your state will have access to what was considered a nationally protected right under Roe v Wade. Beyond the simple matter of legal access, those elected to your state governments have the ability to further restrict or protect the right to abortion in your state. On the national level, those elected to Congress this November will be voting on policies like the Women’s Health Protection Act; a piece of federal legislature that would protect abortion access nationwide. 

While we are still two months away from elections, there are many signals that abortion will be one of the largest voter issues this election season. The very demographic of voter registrations has shifted following the Dobbs decision in June, with a rise in female, young, and Democrat voter registrations nationwide. In Kansas, a state with a long history of voting red (56% of Kansas voters cast their ballots for Donald Trump in 2020), an anti-abortion referendum was struck down by 59% of votes. This is the first time since Dobbs was decided that restrictive abortion legislation was struck down by voters. It was also a clear display of voter participation shifting the partisan norm as a deeply conservative state was met at the polls by voters, impassioned with protecting reproductive rights.

Source: “Vote Earth Tree” by Earth Hour Global is licensed under CC BY-NC-SA 2.0.

Voter Issue: Climate Change

The United Nations passed a resolution in July of 2022 that declares a clean, healthy environment is a universal human right. In addition, the recently passed Inflation Reduction Act plans to tackle both economic and environmental issues by majorly investing in clean energy production and creating jobs in the industry. Unsurprisingly, the Pew Research Center found that energy policy and climate change are two predominant issues voters will consider when casting their votes in November.

Source: Valeriya via Getty Images/iStockphoto

Voter Issue: Healthcare

The right to health is an inclusive right, defined by the United Nations as encompassing accessibility, quality, and availability amongst other qualities. While the aforementioned Inflation Reduction Act plans to lower drug costs for Medicare recipients, America still stands alone as the only developed nation in the world that does not have Universal Healthcare.

With chronic, severe or uncommon conditions, constant full-time employment may be the only way to gain affordable insurance that provides access to vital drugs and treatments. Insulin and Epi-Pens are two life-saving essential drugs that American citizens experience being denied access to because they cannot afford out of pocket costs. A simple ambulance ride can cost upwards of $1,200, an amount many Americans could not pay without incurring debt. With bankruptcy and extreme medical woes being legitimate fears for American citizens without health insurance, it is easy to see why 60% of voters say that healthcare policy is very important to their vote in the midterm elections.

Source: Victoria Pickering via Flickr

Voter Accessibility And Suppression

Voter suppression, whether passive or active, is a real issue in 2022. It is crucial that we recognize the ways in which voter accessibility is inhibited, especially in the discussion of voter turnout and how that affects who is truly represented in the US Government. Lack of accessibility and excessive voter registration requirements are detrimental to our voter turnout, and contribute to feelings of helplessness and voter apathy.

One of the largest inhibitors of active voters is pure accessibility. The US Justice Department states that, “Title II of the ADA requires state and local governments… ensure that people with disabilities have a full and equal opportunity to vote. The ADA’s provisions apply to all aspects of voting”. While some cite mail-in voting as a solution to physically inaccessible polling locations, the DOJ continues to specify that, “Any alternative method of voting must offer voters with disabilities an equally effective opportunity to cast their votes in person,” meaning that simply offering a mail-in vote option is not just insufficient; it is illegal. Despite this, the American Bar Association has found that “persons with disabilities made up one-sixth of eligible voters in the 2016 election, yet only 40 percent of polling places were accessible.” Both persons with disabilities and the older population are greatly impacted by this lack of accessibility.

While accessibility at physical voting locations is a major issue, the voter process begins with voter registration; a procedure that can be incredibly inhibiting. Voter ID requirements are one of the primary obstructions across the board when citizens attempt to register to vote. Burdensome voter identification restrictions are explained as necessary security measures, but their policy outcome is that citizens who are eligible to vote are unable to due to the expensive and time-consuming process necessary to obtain government IDs. While the average percent of eligible voters who lack a government-issued photo ID is roughly 11% per the Brennan Center’s research, that amount is significantly higher amongst minority groups, low-income people (15%), young voters 18-24 (18%) and old voters 64 or above (18%). The highest category though is African-American citizens, who reported a staggering 25% of voting-age citizens without eligible IDs. In a nation with a history of civil rights abuses, institutional racism and voter suppression, modern voter ID laws must be re-evaluated in order to uphold the integrity of the electoral system in America.

Additional voter restriction issues include lack of public transportation to polling sites, deceptive practices, racial and partisan gerrymandering, employers not providing time off, long lines, prolific jailed, previously jailed and ex-felon disenfranchisement.  A representative democracy must represent its people, and to do that its people must be able to vote.

Resources:

  • Please click HERE to register to vote. If you are interested in absentee or mail in voting options, please check out this page where you can speak to an agent if you have any additional questions!
  • VoteRiders is an amazing nonprofit that helps voters to obtain their necessary documentations, and can help provide rides to the DMV to obtain photo IDs and rides to the polls through their volunteer service! Their organization will also cover any fees necessary in the ID process, so please check them out if their resources would be helpful to you or if you are interested in volunteering with them! You can also reach their help line at 888-338-8743
  • Rock the Vote provides helpful information on voting in your state, walks you through the registration process and provides helpful reminders for upcoming voter deadlines!
  • To learn more about voter suppression or to join the fight against voter ID restrictions and voter suppression nationwide, please check out the ACLU and the Brennan Center today!
  • Find the forecast for your State’s midterm election results here

 

Amendment Four: Voting Restoration In Florida

A sticker that says "I Voted Today."
I Voted Republican Today. Source: PJ Nelson, Creative Commons

On November 6, 2018, Florida voted on the Voting Restoration Ballot (also known as Amendment 4) and restored the right to vote of over one million citizens of the state.  This is a true success in the improvement of access to voting rights in America.  As a country, we have come a long way in terms of civil rights, but the area of voting rights is one that we can still improve.

Voting Rights History

The fight for voting rights in the United States has been in progress for centuries.  Ratified on February 3, 1870, the 15th Amendment of the United States Constitution recognizes that the right to vote of all citizens should not be denied based their “race, color, or previous condition of servitude.”  This amendment did not make a lot of immediate progress in granting the voting rights of people of color, but it was a step in the right direction.

From the time the 15th Amendment took effect, to the enactment of the Voting Rights Act of 1965, many different measures were used to prevent citizens of color, particularly black citizens, from utilizing their right to vote.  One way through which this occurred was literacy tests, which were given to potential voters “at the discretion of the officials in charge of voter registration.”  These tests were comprised of questions regarding processes and history of the United States government, and the officials in charge of registration could even decide what questions an individual had to answer.  These questions could range from as simple as “Who is the president of the United States?” to ones that most everyday citizens are unlikely to be able to answer, such as one regarding the limits placed on the size of the District of Columbia by the Constitution.  The more difficult questions were often intentionally given to potential black voters in order to prevent them from voting.  Since the Voting Rights Act of 1965 passed, literacy tests can no longer be used to prevent someone from exercising their right to vote.

What Is the “Voting Restoration Ballot”?

The Voting Restoration Ballot is an amendment that was made to the constitution of Florida through the election on November 6, 2018.  The amendment allows for the automatic restoration of the right to vote of citizens who have been convicted of felonies and have served their sentences (excluding those who were convicted of murder or felonies involving sexual offenses).  In order to pass it needed to receive support from at least 60% of voters and it actually received support from 64% of voters.  The passing of this amendment resulted in the restoration of voting rights for over one million people in Florida and goes into effect January 8, 2019.

The Issue of Felony Voting Laws

The laws regarding the right to vote for people convicted of felonies vary from state to state.  People convicted of felonies never lose their right to vote in Maine or Vermont, even when they are serving their sentence in prison.  In addition to Florida, 14 other states and the District of Columbia automatically restore the right to vote immediately after those convicted of felonies have finished serving their sentences, and in 21 states this occurs after a set amount of time following the end of their sentence.  In 13 states (including Alabama) there are specific steps that must be taken in order to restore their right to vote, such as a governor’s pardon.

These laws are discriminatory, as they are more likely to have a negative impact on communities of color than white communities.  According to the Sentencing Project, potential black voters “are more than four times more likely to lose their voting rights than the rest of the adult population.”  This disparity results from the discrimination found in incarceration rates.  For example, black people make up 36% of drug arrests and 46% of drug related convictions, even though they only make up 13% of drug users.  Evidence suggests that black and white people have nearly the same rate of drug use, but black people are far more likely to be arrested and convicted.

It is also important to note that felonies include a wide range of offenses.  In Alabama, they include not only violent crimes, such as assault and battery, murder, and sex related crimes, but also some non-violent offenses, such as drug possession and theft.  As a result of this, someone who is convicted of a felony for drug possession in their twenties could potentially never have access to their right to vote again.

A sign that says "Vote Here Today."
Vote Here Today Sign 11-3-09. Source: Steven Depolo, Creative Commons

Voting Rights Are Human Rights

The right to vote is more than just a privilege–it is truly a human right.  According to Article 21 of the Universal Declaration of Human Rights, all people have the right to participate in the government they live under, at least through representatives.  The article states that “the will of the people shall be the basis of the authority of government” and that this right should be met through elections “by universal and equal suffrage” that should be “held by secret vote or by equivalent free voting procedures.”

Through the passing Voting Restoration Ballot, the people of Florida promote upholding of the rights given in Article 21 and recognize the fact that people convicted of felonies are still human beings who should have access to their human rights.

Another Issue in Voting Rights: Voter ID Laws

In addition to the progress that still needs to be made in restoring the voting rights of people who have been convicted of felonies, the impact of voter ID laws on people’s access to their right to vote also needs to be addressed.  There are currently 34 states that either require or request some form of identification to be shown by voters at the polls.  There are more than 21 million American who do not possess any form of government-issued photo identification–that is 11% of the population.  This prevents many people from being able to exercise their right to vote.

It costs money to get identification issued by the government.  There are even costs to getting the documents, such as birth certificates, required to apply for an ID.  The American Civil Liberties Union (ACLU) estimates that “the combined cost of document fees, travel expenses and waiting times” can range from $75 to $175.  Many people cannot afford this cost.  No one should be deprived of their right to vote based on not having enough money.

Voter ID laws also discriminate against minority groups.  For example, black citizens are more likely to be harmed by these laws than white citizens, as 25% of potential black voters lack the qualified forms of identification, compared to 8% of potential white voters.  The forms of identification excluded by these laws are also discriminatory.  In Texas, for example, concealed weapons permits are accepted, but not student IDs.  A study performed by Caltech/MIT even found that there is discrimination in the enforcement of these laws, as voters of minorities are more likely to asked about identification than white voters are.

According to the ACLU, these laws are not remotely necessary.  One study found that “there were only 31 credible allegations of voter impersonation” since 2000.  ACLU also states that these laws are “a waste of tax-payer dollars” due to the costs of “educating the public, training poll workers, and providing IDs to voters.”

Celebrate the Successes

While it is clear there is still much work to be done in ensuring that everyone has access to their right to vote in the United States, it is important that we take time to celebrate successes in the process and recognize positive impact these successes have on the country.  Florida’s passing of Amendment 4 restored the right to vote of over one million people!  During the same election, Nevada and Michigan approved automatic voter registration for citizens who are eligible to vote.  Michigan and Maryland now allow voters to register on the day of the election.  By recognizing and celebrating these successes, we can remind ourselves that progress is possible and that things really can change for the better.