Executive Summary

Voting has been a core part of our country’s democratic process; while voting rights have expanded to allow all American citizens to vote, ballot access remains an issue that disproportionately targets minority voters in the United States. This brief will explore restrictive voting measures in the United States and how policymakers can support a more democratic election process.

Overview

Since the inception of American democracy, the political process has excluded marginalized groups primarily by denying them ballot access. Without the ability to vote, citizens are denied their basic right to participate in the political process, undermining the values of American democracy. In the 1700s, the earliest voting laws only allowed white, male, landowners to vote, excluding groups like indigenous people and African Americans. While the passage of various voting amendments, such as the 15th, 19th, and 24th, have advanced voting rights, gaps in voter registration along racial, socioeconomic, and gender lines perpetuated by systemic prejudices and the actions of our politicians plague our democratic system. [1] Thus, this paper will explore the past, present, and future of discrimination against historically disenfranchised groups in the United States and outline policy measures designed to expand ballot access to more Americans.

Relevance

In the 1960s, the voting rights movement, largely spurred by the ongoing civil rights movements and its leaders, reached its peak, aiming to register millions of disenfranchised African Americans. In 1964, the Bloody Sunday protests led to the passage of the Voting Rights Act of 1965, signed by President Lyndon B. Johnson. [1] Today, however, gaps in voter registration remain, leaving behind voters of color and other minorities. This is evidenced by the long-standing voter registration gap. Among Black and Latinx populations, voter registration is a staggering 13% lower than among their white counterparts, and 9% lower in Asian American communities. Many are naturalized US citizens, making it harder for them to understand the registration process. Working long hours and for little pay also means that they prioritize economic needs over voting. Policies, such as ones requiring legal identification to vote, hinder the process further, as Latinx and Asian American voters are more likely to not have an eligible driver’s license, and Latinx voters are more than twice as likely to not have a form of government-issued ID readily available. [2]

History

Current Stances

Since 2020, a myth accusing non-citizen immigrants of illegally voting in United States elections, more commonly known as the “voting integrity movement,” has become widespread. Individuals such as Cleta Mitchell, a former correspondent of President Donald Trump and founder of the Election Integrity Network and the Only Citizens Vote Coalition, have built wide networks dedicated to “protecting” US elections. Now, the Election Integrity Network has over 30 chapters nationally. One of their main action items includes recruiting poll watchers, or people who stand guard at polls on election day to ensure “safe and secure elections.” Often, however, this results in the harassment of minority voters in an effort to try to get them to falsely cancel their voter registration by claiming that they are illegally registered. [3]

Policy Problem

Stakeholders

The main stakeholders are marginalized voting groups who have historically been disenfranchised. As of 2016, over 9.5 million adults lack full voting rights. [6] This often includes voters of color, formerly imprisoned populations, and women. Modern forms of voter suppression include voter ID laws, limitations on early, absentee, or mail-in voting, and voter registration restrictions (i.e. restrictions on pre-registration and automatic voter registration). Voters of color are especially at risk. Racial and ethnic minorities face barriers such as lack of access to polling locations and systemic barriers such as gerrymandering. Because voting is one of the main ways for marginalized groups to shape policymaking in a democracy, restricting the right to vote for these groups suppresses their voices and democratic rights. Historically disenfranchised groups deserve a stake in creating the policy that directly affects them, from social to economic issues.

Risks of Indifference

The main risk of indifference to modern voter discrimination is the violation of democratic representation. If policymakers continue to neglect, or even perpetuate, existing voter suppression through legislation and indifference, they risk exacerbating political tensions and perpetuating historical forms of discrimination against marginalized groups to reduce their overall political power. While restrictive voting laws in the Jim Crow era contained overtly racist language preventing African American individuals from voting, modern forms of voter suppression employ more 'neutral' and hidden tactics to block ballot access. For example, in 2013, the Supreme Court ruled that section 4 of the Voting Rights Act, which required state and local governments with a history of discrimination to obtain federal approval to change their voting laws, was unconstitutional. [6] Decisions such as these have only made it harder for individuals to sue on the basis of voter discrimination, and have allowed political jurisdictions to get away with modern voter suppression. Another risk is exacerbating political tensions. At the state level, restrictive voting barriers only further contribute to tensions amongst racial and political groups, which can hinder productive policymaking and government functions. Additionally, allowing modern voter suppression to occur reduces the political power of individuals, which infringes on their basic rights.

Tried Policy

Various policies on the federal, state, and local level have been implemented to combat voter suppression. In 1993, Congress passed the National Voter Registration Act, also known as the Motor Voter Act, which allows young people to register to vote when they get or renew their drivers’ license, among other provisions. [9] However, challenges to implementing the Motor Voter Act nationally are still pervasive, including a lack of enforcement and efficiency.

Policy Options

Automatic voter registration and preregistration
Many voters who are eligible lack information on how to register, and even those who understand may lack the time or means needed to register—a trend seen especially among young people. Thus, the government at all levels should focus on expanding policies such as automatic voter registration for eligible voters, and implementing pre-registration pathways for students, even before they turn 18. Schools can also implement civics curricula to ensure that their students are more knowledgeable about the electoral process and their role as a voter.

Conclusions

Throughout this brief, I have explored how restrictive voting laws are shaping elections and voter turnout by conducting a detailed analysis of the different forms of voter suppression in the United States and how they disproportionately affect marginalized voting groups. I have also explored policy options that lawmakers can pursue; out of these, I believe the most effective and comprehensive solution would be passing legislation at the federal level, such as the John R. Lewis Voting Rights Advancement Act, which would also hold state and local governments accountable during elections, in addition to state-level protections including automatic voter registration, lowering the age for pre-registration, expanding voter infrastructure, and protecting poll workers. [13]

While dozens of states have made progress to advance voting rights by passing legislation to expand ballot access, millions of voters are still left behind each year, and more needs to be done. By focusing on dismantling the systemic barriers that prevent marginalized communities from casting their ballots, such as restrictive voter ID laws, and rather, encouraging individuals to vote throughpolicies such as automatic voter registration and preregistration, we can lay the foundation for more representative policymaking and uphold the democratic principles that underpin our electoral process.

References

[1] Carnegie Corporation of New York. (2019, November 18). Voting Rights: A Short History. Carnegie Corporation of New York. https://www.carnegie.org/our-work/article/voting-rights-timeline/

[2] Lo Wang, H. (2024, April 2). Why there’s a long-standing voter registration gap for Latinos and Asian Americans. NPR. https://www.npr.org/2024/04/02/1238751749/voter-registration-gap-racial

[3] Morales-Doyle, S. (2024, November 4). Voting in America is Still Secure — A Dark Anti-election Movement Seeks to Change That. Brennan Center for Justice. https://www.brennancenter.org/our-work/analysis-opinion/voting-america-still-secure-dark-anti-election-movement-seeks-change

[4] Garber, A., & O’Connor, E. (2024, October 31). Supreme Court Helps Virginia Illegally Purge Voters. Brennan Center for Justice. https://www.brennancenter.org/our-work/analysis-opinion/supreme-court-helps-virginia-illegally-purge-voters

[5] Waldman, M. (2025, January 28). Restricting the Freedom to Vote. Brennan Center for Justice. https://www.brennancenter.org/our-work/analysis-opinion/restricting-freedom-vote

[6] Hill, D., Coleman, M., & Bassett, E. (2021). Disenfranchisement and Suppression of Black Voters in the United States. Ballard Brief. https://ballardbrief.byu.edu/issue-briefs/disenfranchisement-and-suppression-of-black-voters-in-the-united-states

[7] Hochschild, J. L. (1998, March 1). American Racial and Ethnic Politics in the 21st Century: A Cautious Look Ahead. Brookings. https://www.brookings.edu/articles/american-racial-and-ethnic-politics-in-the-21st-century-a-cautious-look-ahead/

[8] Aggeler, M. (2024, June 11). Trust in US Institutions has “Never Been Lower” – Here’s Why That Matters. The Guardian. https://www.theguardian.com/us-news/ng-interactive/2024/jun/11/trust-us-institutions

[9] Automatic Voter Registration. MIT Election Lab. (2023, February 16). https://electionlab.mit.edu/research/automatic-voter-registration

[10] Cohen, M. (2024, June 18). Data: Recent Anti-Voter Laws Have Made It Harder to Vote Since 2020. Democracy Docket. https://www.democracydocket.com/news-alerts/data-recent-anti-voter-laws-have-made-it-harder-to-vote-since-2020/

[11] Indigenous People Face Voting Obstacles from Discrimination. (2025, January 22). Southern Poverty Law Center. https://www.splcenter.org/resources/stories/indigenous-people-voting-obstacles-discrimination/

[12] Anderman, A. (2025, February 7). Protecting Voters and Election Workers from Armed Intimidation. Brennan Center for Justice. https://www.brennancenter.org/our-work/analysis-opinion/protecting-voters-and-election-workers-armed-intimidation

[13] Maciolek, A. (2024, August 6). Restoring the Voting Rights Act. Brennan Center for Justice. https://www.brennancenter.org/our-work/analysis-opinion/restoring-voting-rights-act

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