Voting and Elections Notes

Voter Registration

• Voting and Elections Overview:

  • Elections are fundamental to democracy.
  • Key topics include voter registration, turnout, election types, campaigns, voting behavior, and direct democracy.

• Voter Registration Across the United States:

  • Elections are state-by-state contests, leading to variations in voter registration methods.
  • Historical Voting Barriers:
    • Literacy tests were used to prevent certain groups from voting.
    • Grandfather clauses exempted individuals from literacy tests if their ancestors had the right to vote.
    • Poll taxes required payment to vote, disproportionately affecting poor citizens.
    • The 24th Amendment (1964) abolished poll taxes in federal elections.
    • The Voting Rights Act (VRA) of 1965 significantly increased political participation and voter registration by outlawing discriminatory voting practices.
    • Shelby County v. Holder (2013): The Supreme Court decision that shifted power back to the states to regulate voter registration, leading to concerns about potential voter suppression.

• How to Register to Vote:

  • Requirements:
    • Citizenship
    • Residency
    • Age: 18 years or older
    • Mental competency
    • No felony conviction (varies by state)
  • National Voter Registration Act (1993) - Motor Voter Act:
    • Aimed to simplify voter registration by allowing citizens to register when applying for driver’s licenses or Social Security benefits.
    • Its success in significantly increasing voter registration has been limited.
  • Felon Voting Rights: There is ongoing debate on whether felons should be eligible to vote.

Voter Turnout

• Voter Turnout and Democracy:

  • A healthy democracy relies on regular voter participation.
  • Counting Votes:
    • Voter turnout is calculated by counting the number of ballots cast in an election.
    • Voting-age population (VAP): Includes all persons eighteen and older.
    • Voting-eligible population (VEP): Includes eligible voters regardless of registration status.

• Factors Driving Voter Turnout:

  • Political campaigns target likely voters and registered voters.
  • Factors Influencing Turnout:
    • Party affiliation
    • Age
    • Education
    • Religion
    • Ethnicity
    • Race
    • Socio-economic status
    • Gender
    • The 19th Amendment granted women the right to vote, significantly impacting voter turnout.

• Factors Decreasing Voter Turnout:

  • Voting is not mandatory in the U.S.
  • Some individuals are legally restricted from voting.
  • Strict photo identification laws can deter voting.
  • Limited polling place availability on election day.
  • Potential Solutions:
    • Early voting
    • Voting by mail
  • Other Factors:
    • Political apathy
    • Chronic minority status (voters in non-competitive parties)
    • Third-party voters
    • Voters in “red” and “blue” states where the outcome is predictable
    • Voter fatigue from frequent elections
    • Political protest against the status quo

Elections

• Deciding to Run for Office:

  • Factors to Consider:
    • State-specific requirements (residency, voting status, age, etc.)
    • Family obligations
    • Competition
    • Finances
    • Personal information
  • Competitive vs. Open Seats:
    • Competitive seat: A race where a challenger runs against the incumbent (current office holder).
    • Open seat: A race where the incumbent is not running for reelection.

• Campaign Finance Laws:

  • Political Action Committees (PACs): Organizations that raise and spend money to influence politics and contribute to candidates’ campaigns.
  • The Tillman Act (1907): Prohibited corporations from contributing money to candidates in federal elections.
  • The Federal Election Campaign Act (1971): Required candidates to report all contributions and expenditures.
  • The Federal Election Commission (1974): An independent agency that enforces election laws.

• Other Campaign Finance Laws:

  • Buckley v. Valeo (1976): Ruled that candidates can spend unlimited amounts of their own money on their campaigns.
  • The Bipartisan Campaign Reform Act of 2002 (McCain–Feingold Act): Restricted the amount of money given to political parties.
  • McConnell v. Federal Election Commission (2003): Upheld restrictions on how candidates and parties could spend campaign contributions.
  • Citizens United v. Federal Election Commission: Removed spending limits on corporations, arguing that such limits violated free speech rights.

• Nomination Stage:

  • Primary Elections:
    • Closed primary: Only registered members of a political party can vote in that party’s primary.
    • Open primary: Allows all voters to vote, regardless of party affiliation.
    • Crossover voting: When voters from one party vote in another party's primary.
    • Top-two primary: All candidates, regardless of party, compete against each other, and the top two advance to the general election.
  • Caucus: A meeting of party members to select nominees informally.
  • Delegates: Elected to vote at the party’s state or national nominating convention.

• Convention Season:

  • Party conventions are held to:
    • Officially elect the presidential candidate
    • Present the party platform
    • Elect the executive committee of the party
  • Typically held between June and September.
  • Delegates from each state publicly announce their state’s nominee choice at the national party convention.

• General Elections and Election Day:

  • General elections involve major party candidates and some minor party candidates.
  • Campaigning occurs between mid-August and early November.
  • Presidential and Congressional Election Day is the first Tuesday after the first Monday in November since 1845 (presidential) and 1872 (House).

• The Electoral College:

  • Most states use a winner-take-all system, where the candidate with the most votes receives all of the state’s electoral votes.
  • Electors cast their votes in their respective state capitols in mid-December.
  • States forward certificates of the electoral votes to the U.S. Senate.
  • State Electoral College Votes: Equal to the number of the congressional delegation.
  • Washington D.C. has three electoral votes.
  • The House of Representatives elects the president in case of an Electoral College tie.
  • Mid-term Elections: Congressional elections held in even-numbered years between presidential election years.

Campaigns and Voting

• Comparing Primary and General Campaigns:

  • Primary Campaigns:
    • More challenging for voters due to multiple candidates.
    • Candidates may struggle to gain media attention.
    • Name recognition is essential.
  • General Campaigns:
    • Each party has a single candidate.
    • Efforts are focused on reaching independent voters.
    • Ads focus on issues and policy positions.
    • Shadow campaigns: Run by PACs and other organizations, often using
      negative ads.
    • Efforts to mobilize voters in closely contested states.

• Voter Decision Making:

  • Using Party Affiliation:
    • Straight-ticket voting: Voting for every candidate from the same party.
    • Reduces ballot fatigue: Voters stop voting for lower ballot positions.

• How Voters Vote:

  • Retrospective voting: Voters consider past actions and the economic climate.
  • Pocketbook voting: Voters consider their personal finances.
  • Prospective voting: Voters use information about a candidate’s past behavior to predict future actions.
  • Incumbency advantage: The advantage held by the current officeholder.

Direct Democracy

• Direct democracy occurs when policy questions go directly to the voters for a decision (e.g., funding, budgets, candidate removal/approval, policy changes, and constitutional amendments).
• Forms of Direct Democracy:
  • Referendum: Asks citizens to confirm or repeal a decision made by the government.
  • Initiative: A law or constitutional amendment proposed and passed by the citizens of a state; bypasses the legislature and governor but is subject to court review.
  • Recall: Allows voters to remove a government official from office.