Just as a reminder:

US Constitution Provisions

1. Article I, Section 4 (Elections Clause)

   • Grants states primary authority to set “Times, Places and Manner” of congressional elections.
   • Allows Congress to override state regulations, ensuring federal oversight.
   • Originally, states determined voter eligibility (e.g., property ownership), but the Constitution required alignment with state legislative voter qualifications for House elections.

2. Presidential Elections (Article II, Section 1)

   • Establishes the Electoral College, with states appointing electors “in such Manner as the Legislature thereof may direct”.
   • The Constitution specifies minimal qualifications for electors, leaving selection processes to states.

3. Amendments Expanding Voting Rights

   • 15th Amendment (1870): Prohibits denying the vote based on “race, color, or previous condition of servitude”.
   • 19th Amendment (1920): Bans sex-based voting restrictions.
   • 24th Amendment (1964): Eliminates poll taxes in federal elections.
   • 26th Amendment (1971): Lowers voting age to 18.

US Code (Title 52)

Title 52 of the US Code, titled “Voting and Elections”, codifies federal laws enforcing constitutional voting rights:

• 52 U.S.C. §10101: Explicitly prohibits racial discrimination in voting and mandates uniform voter qualifications.

• Voting Rights Act of 1965 (52 U.S.C. §§10301–10702):

  • Bans discriminatory practices (e.g., literacy tests) and requires federal preclearance for election law changes in jurisdictions with historical discrimination .

  • Directly implements the 15th Amendment, leading to a surge in Black voter registration post-1965.

  • Subtitle II: Addresses election administration, including voter registration and accessibility standards