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Voting age
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In the United States, citizens attain the right to vote at the age of 18. The minimum voting age was established by the 26th Amendment to the United States Constitution, which was ratified in 1971; consequently, states are prohibited from adopting higher minimum voting ages. However, some states permit 17-year-olds to vote in primary elections if they will turn 18 by the time of the subsequent general election.
Policymakers, pundits, and citizens continue to debate about what should be the proper voting age. Proponents of lowering the voting age argue that 16-year-olds should be permitted to vote because decisions made by the government affect them, too. Meanwhile, those who advocate maintaining or raising the current voting age voice concerns about the ability of younger individuals to make mature, well-informed decisions at the polls.
Background
Background
History
On November 11, 1942, the United States Congress approved legislation lowering the military draft age from 21 to 18. At this time, however, the minimum voting age was 21 in every state. This discrepancy became the source of considerable debate at the state and federal levels. Proponents of lowering the voting age to 18 argued that it was unfair to call upon individuals to serve in the military without granting them the right to vote. Others, meanwhile, argued that a significant number of 18-year-olds might lack the maturity and decision-making skills required to make informed decisions at the polls.[1][2]
In 1943, Georgia became the first state in the nation to lower its voting age to 18. In 1954, President Dwight D. Eisenhower voiced his support for lowering the voting age. "For years our citizens between the ages of 18 and 21 have, in time of peril, been summoned to fight for America. They should participate in the political process that produces this fateful summons." Debate continued throughout the 1960s as the nation's military involvement in Vietnam intensified. In 1970, the United States Congress amended the Voting Rights Act to lower the voting age nationwide to 18. President Richard M. Nixon signed the amended bill into law, though he argued that Congress did not have the unilateral authority to lower the voting age nationwide. "Although I strongly favor the 18-year-old vote, I believe–along with most of the nation's leading constitutional scholars–that Congress has no power to enact it by simple statute, but rather it requires a constitutional amendment.[2]
Four states—Arizona, Idaho, Oregon, and Texas—filed suit against the federal government, challenging the constitutionality of the 1970 amendments to the Voting Rights Act. The case ultimately came to the United States Supreme Court. On December 21, 1970, the high court issued its ruling in the case, Oregon v. Mitchell, finding that Congress could only regulate voting ages for federal elections, not state and local elections. Justice Hugo Black penned the majority opinion:[3]
“ | Our judgments today give the Federal Government the power the Framers conferred upon it, that is, the final control of the elections of its own officers. Our judgments also save for the States the power to control state and local elections which the Constitution originally reserved to them and which no subsequent amendment has taken from them. The generalities of the Equal Protection Clause of the Fourteenth Amendment were not designed or adopted to render the States impotent to set voter qualifications in elections for their own local officials and agents in the absence of some specific constitutional limitations.[4] | ” |
—Hugo Black |
26th Amendment
In light of this ruling, the United States Congress moved to adopt a constitutional amendment establishing a nationwide minimum voting age of 18. On March 10, 1971, the United States Senate approved the 26th Amendment unanimously. The United States House of Representatives followed suit on March 23, 1971, approving the amendment with near-unanimous support. On July 1, 1971, North Carolina became the 38th state to ratify the amendment, meeting the three-fourths requirement required for ratification. The amendment subsequently became law. The full text of the 26th Amendment to the United States Constitution is printed below:[2]
“ | Section 1.
The right of citizens of the United States, who are 18 years of age or older, to vote, shall not be denied or abridged by the United States or any state on account of age. Section 2. The Congress shall have the power to enforce this article by appropriate legislation.[4] |
” |
—United States Constitution |
Debate
Debate
Lowering the voting age
Some argue that the voting age should be lowered further, from 18 to 16. Generally, proponents of this policy contend that 16-year-olds should be granted the right to vote because they are subject to the same laws and pay the same taxes as older individuals. Further, proponents suggest that lowering the voting age may have a positive impact on voter turnout and civic participation. Below are representative quotes from proponents of lowering the voting age.
“ | In addition to being affected by taxes, young people are affected by every other law that Americans live under. As fellow citizens in this society, every action or inaction taken by lawmakers affects youth directly, yet they have no say in the matter. ... The just power of government comes from the consent of the governed, as it stands now youth are governed (overly so, some may say) but do not consent. This is un-American. Like all tax-paying, law-abiding Americans, youth must be given the right to vote.[5][4] | ” |
—National Youth Rights Association |
“ | While one’s first reaction might be to question the ability of young voters to cast a meaningful vote, research shows that 16- and 17-year-olds are as informed and engaged in political issues as older voters. It is time that they are empowered to put that knowledge to good use at the polls, and make voting a habit in their formative years. These young citizens are old enough to drive, work without restrictions on their hours, and pay taxes--they should also have a voice in their local government.[6][4] | ” |
—FairVote |
Maintaining or raising the current voting age
Some maintain that the existing voting age is proper and should neither be lowered or raised. Others contend that the voting age should be raised to 21 or 25. Generally, proponents of these policies argue that 16-year-olds (and, in some cases, 18-year-olds) should not be permitted to vote because they may lack the maturity and insight required to make well-informed decisions at the polls. Further, proponents suggest that younger individuals should not be permitted to vote because they are less involved with and impacted by government actions (e.g., tax policy, military service, etc.). Below are representative quotes from proponents of maintaining or raising the voting age.
“ | If [lowering the voting age] is a question of maturity, researchers generally agree that the brain is still developing until the mid-20s, with moral reasoning and abstract thought coming later in the cycle than previously thought. Perhaps it should also be a question of having a real stake in the process—such as serving in the military (age 18, or 17 with parental consent) or writing a check to the government to pay your taxes.[7][4] | ” |
—David Davenport, Forbes |
“ | In 1971, the United States ratified the 26th Amendment, lowering the voting age from 21 to 18. In retrospect, that may have been a mistake. ... To be a voter, one must be able to participate in adult political discussions. It’s necessary to be able to listen to opposing arguments and even — as I’m doing right here in this column — to change your mind in response to new evidence. This evidence suggests that, whatever one might say about the 18-year-olds of 1971, the 18-year-olds of today aren’t up to that task. And even the 21-year-olds aren’t looking so good.[8][4] | ” |
—Glenn Reynolds, USA Today |
Voting in primaries at 17 years old
Voting in primaries at 17 years old
- See also: Voting in primaries at 17 years old
In several states, 17-year-olds who will be 18 by the time of the next general election are permitted to vote in that year's primaries and caucuses. Since primary and caucus processes are often determined by the parties themselves, there are some states in which a 17-year-old may vote, even if there is no state law explicitly permitting it.[9][10][11]
Congressional elections
The map below shows which states allowed 17-year-olds to vote in congressional primaries as of May 2024. These states are displayed in green. The table below the map provides further details, including links to relevant state laws.[9]
State | Statute |
---|---|
Connecticut | Conn. Const. art. 6, § 11 |
Delaware | Del. Code Ann. tit. 15, § 1701, 3110 |
District of Columbia | D.C. Code Ann. § 1-1001.02 |
Illinois | 10 Ill. Comp. Stat. 5/3-6 |
Indiana | Ind. Code §3-7-13-2 |
Iowa | Iowa Code § 48A.5 |
Kentucky | Ky. Rev. Stat. § 116.055 |
Maine | Me. Rev. Stat. Ann. tit. 21-A, §111-A |
Maryland | Md. Code Ann., Elec. Law § 3-102 |
Mississippi | Miss. Code Ann. § 23-15-11 |
Nebraska | Neb. Rev. Stat. § 32-110 |
New Mexico | N.M. Stat. Ann. § 1-4-2 |
North Carolina | N.C. Gen. Stat. § 163-59 |
Ohio | Ohio Rev. Code Ann. § 3503.011 |
Rhode Island | R.I. Gen. Laws § 17-1-3 |
South Carolina | S.C. Code Ann. § 7-9-20 |
Utah | Utah Code Ann. § 20A-2-101 |
Vermont | Vt. Const. ch. II, § 42 |
Virginia | Va. Code Ann. § 24.2-403 |
West Virginia | W. Va. Code § 3-2-2 |
Presidential elections
The map below shows which states allow certain 17-year-olds to vote in presidential primaries and caucuses as of May 2024. These states are displayed in green. In some states, only members of a certain party were permitted to vote at 17 in presidential primaries and caucuses. These states are displayed in orange.[11]
State | 17-year-old voting | |
---|---|---|
Connecticut | Yes | |
Delaware | Yes | |
District of Columbia | Yes | |
Illinois | Yes | |
Indiana | Yes | |
Iowa | Yes | |
Kentucky | Yes | |
Maine | Yes | |
Maryland | Yes | |
Mississippi | Yes | |
Nebraska | Yes | |
Nevada | Yes | |
New Mexico | Yes | |
North Carolina | Yes | |
Ohio | Yes | |
Rhode Island | Yes | |
South Carolina | Yes | |
Utah | Yes | |
Vermont | Yes | |
Virginia | Yes | |
West Virginia | Yes | |
Alaska | Yes (Dem. only) | |
Hawaii | Yes (Dem. only) | |
North Dakota | Yes (Dem. only) | |
Wyoming | Yes (Dem. only) | |
Source: Rock the Vote |
See also
- Voting policies in the United States
- Voting in primaries at 17 years old
- Early voting
- Absentee voting
- Online voter registration
- Same-day voter registration
- Voter identification laws by state
External links
Additional reading
- Forbes, "No, We Shouldn't Lower the Voting Age to 16," May 25, 2016
- USA Today, "Glenn Reynolds: After Yale, Mizzou, raise the voting age – to 25," November 16, 2015
- National Youth Rights Association, "Top Ten Reasons to Lower the Voting Age"
- FairVote, "Lower the Voting Age"
Footnotes
- ↑ History, "This Day in History: November 11, 1942," accessed September 27, 2016
- ↑ 2.0 2.1 2.2 History, "The 26th Amendment," accessed September 27, 2016
- ↑ Legal Information Institute, "Oregon v. Mitchell," December 21, 1970
- ↑ 4.0 4.1 4.2 4.3 4.4 4.5 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ National Youth Rights Association, "Top Ten Reasons to Lower the Voting Age," accessed September 27, 2016
- ↑ FairVote, "Lower the Voting Age," accessed September 27, 2016
- ↑ Forbes, "No, We Shouldn't Lower the Voting Age to 16," May 25, 2016
- ↑ USA Today, "Glenn Reynolds: After Yale, Mizzou, raise the voting age — to 25," November 18, 2015
- ↑ 9.0 9.1 NCSL, "Voting age for Primary Elections," May 17, 2024
- ↑ FairVote, "17-year-old Primary Voting," accessed May 17, 2023
- ↑ 11.0 11.1 Rock the Vote, "Primaries and Caucuses," accessed May 17, 2024