Who Gets To Vote?

The history of American democracy is also a history of our sloppy, exclusionary, and infuriating system of voting. As much as we might want to paint our elections as some sacred system designed to produce that most perfect of all unions, the plain fact of the matter is that winning candidacies boil down to a very simple and cold-hearted equation: Make certain that my supporters vote and those of my opponent don’t. All the rest is political science theory.

Not surprisingly, the methods of winning elections by controlling who votes have run the gamut from the rascally to the outright despicable. Here in my own state of Illinois, the dead have a long and storied history of rising from the grave to cast their ballots. For much of our history women were denied the vote. Long after the passage of the 15th Amendment, African-Americans had to sometimes risk their lives to enter a polling place. Gerrymandered districts have long been used by both major political parties to neutralize the votes of some while amplifying the impact of the votes of others. The limitations of our continued reliance on balky voting machines and volunteer electoral judges perhaps reached an apogee—or nadir—in 2000, when we all had a chance to learn what a “hanging chad” was, and the U.S. Supreme Court abruptly—perhaps too abruptly—ended a Presidential recount in Florida and declared a winner.

Therefore, to blithely celebrate our “free and fair” electoral system requires a least a little willful blindness at times. We cannot discuss improvements if we deny our historic failures.

However, recent discussions about expanding the franchise by permitting felons, sixteen year olds, or even illegal immigrants to vote in some elections veer into territory that goes far beyond simply improving the systems we now have. We are now asked to decide whether felony convictions should be sufficient grounds for revoking a basic right of citizenship, when sufficient maturity to vote responsibly has been attained, or whether unlawful residency should provide voting rights that have historically been restricted to citizens. These are all huge questions that have profound implications for the future of our nation.

The question of whether states should continue to restrict the rights of convicted felons to vote hinges on a very basic question: Do we believe voting to be an irrevocable right or an earned privilege? At least to this point in time we have generally restricted the rights of felons to vote while in prison. The question today is whether voting rights should be automatically restored to felons upon release or there should be additional restrictions until other conditions set by individual state legislatures are satisfied by that ex-convict.

We might also reasonably ask whether the same restrictions should apply to both violent and non-violent offenders, but this often crashes into the question of whether we are giving preferential treatment to white-collar criminals. As regards the right to vote, should we distinguish between the accountant who facilitated a real estate fraud and the purse snatcher who knocked down a little old lady during the commission of the crime? Is the integrity of our voting system more at risk from someone running a marijuana grow house or someone who was stealing cars and stripping them for parts?

Having taught high school, I know my viewpoint regarding allowing sixteen year olds to vote has been affected by my professional experience. Some liberals are, of course, thrilled with this idea in the wake of student protests in favor of more—and more confiscatory—gun control laws because younger people generally skew hard left politically, and this tendency could affect the outcome of many elections. However, although the exuberant idealism of the young can be useful counterpoint to the weary cynicism of older voters beaten down by the eternal gulf between the promises and performances of politicians, bright-eyed ideology unleavened by messy life experience can be problematic.

Anyone who remembers their youthful belief in their own infallibility—which, of course, stood in stark contrast to the blind stupidity of the oblivious adult world—has at least at once grimaced at the utter cluelessness of their younger selves. The French have a lovely aphorism, quoted and re-quoted in various permutations, that ably captures this dichotomy: “If you are not a liberal at twenty, you have no heart; if you are not a conservative at forty, you have no head.” A world run by 16 year olds might by long on energy and short on practicality—or it might resemble The Lord of The Flies. Perhaps there is something to be said for the sagacity that comes with age. In addition, the 26th Amendment to the Constitution lowered the voting age from 21 to 18 years of age in only 1971, so it is likely worth another bit of a wait before we fiddle with the voting age yet again.

The issue of granting some voting rights to undocumented immigrants is a topic of intense discussion in states such as California, Illinois, and New York. Their laws designed to protect the many who reside in those states illegally readily morph into granting this population more and more public aid and benefits of all types—so voting rights seem to some the next natural step. This is also viewed as a way to battle the entrenched “racism” of those who support stricter enforcement by helping to boost the electoral fortunes of those candidates who are friendly to the notion of a world without borders.

However, one would be hard-pressed to find a developed nation where policies that reward lawbreakers are commonplace, and it is reasonable to ask whether open borders and a modern welfare state are a potentially ruinous combination. Although it is certainly true that we are a nation of immigrants, those immigrants almost always arrived under supervision and with documentation—and rules and limitations have been crafted throughout our history to maintain a manageable flow of people into our great nation.

Of course, although our legal immigration policies have historically been quite generous, there is no doubt they have often reflected the prejudices and preconceptions of the people who crafted them. This is sad, and at times it has resulted in injustices that have affected individuals and their families, but we cannot undo the past and now must muddle along from here. Additional domestic and international issues, which are far beyond our ability to predict, will affect our immigration legislation and procedures going forward in ways we cannot imagine, so all we can do is continue to be as welcoming as our economic conditions and security considerations allow. Beyond this, the question of granting some voting rights to those who have entered the U.S. illegally will be a priority for some immigration partisans—but I strongly doubt the vast majority of Americans will endorse this idea because it fails to account for basic common sense.

There was once a time in American history when our polling places were in taverns and saloons—and a vote could be had for the price of a couple of beers. Our election procedures have obviously improved a great deal since, but much improvement is still possible—particularly as regards expanded voting opportunities and convenience.

Moreover, we can continue to improve the security and accuracy of the ballot in a variety of ways, and the increased infiltration of dazzling and powerful technology into every facet of our daily lives may someday mean that we will be saying “Siri, it’s time for me to vote for President.” on a Tuesday in early November. That would certainly increase voter participation—and reduce the opportunities for the chicanery and silliness that have marred too many of our elections in the past. In addition, it would be way, way cool.

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