Voting rights are the basic rights of all Americans to participate in elections and ensure that laws enacted by elected officials represent the needs and values of our communities. Whether it’s a law protecting domestic violence victims or a policy on immigration, the decisions made by those elected will affect every aspect of our lives.
Historically, voting rights have been restricted in law or practice by state and local governments that were designed to deny people the vote on the basis of race, religion, or national origin. The Founders gave states the primary responsibility for regulating elections, but Congress has the power to protect the national interest in this area and stop state-sponsored discrimination. This power is used in the Voting Rights Act, which requires jurisdictions with a history of discrimination to get approval from the federal government before changing election rules. This process is known as preclearance. However, in recent years, the Supreme Court has limited the effectiveness of this critical protection.
The Voting Rights Act is only one tool that helps guarantee access to the ballot box, and the Brennan Center is continuing to fight for fair voting policies in the states. These include promoting language-access to voting materials, expanding vote-by-mail and early voting, and making it easier for people with disabilities to register and vote. We also support a number of state voting rights acts that help disenfranchised voters, including those with felony convictions and people who have been released from prison.