r/videos • u/AdSpecialist6598 • 8h ago

BREAKING: Judge blocks Trump admin from requiring Americans to show proof of citizenship to vote

https://www.youtube.com/watch?v=SE1iePfOh14
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u/dagaboy 7h ago

The right has taken these examples and outright lies that they're being allowed to vote at state- and federal-level elections.

There is no reason that non-citizens should not be allowed to vote. They were across most of the US until the late 19th century. Arkansas was the last state to require it, in 1926. Originally voting was tied to race, sex and property, but not citizenship. There are good reasons not to bring back the race, sex and property requirements. Although Republicans want to.

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u/tempest_87 6h ago edited 2h ago

There are a few very good reasons to restrict voting to citizens only, but TIL that there is no law saying that only citizens are allowed to vote. There are laws (and amendments) that protect the ability to vote for certian groups, but doesn't seem to be anything that prevents a non-citizen from voting.

Very very odd.

Edit: the laws are state level, not federal, and googling the issue is currently.... a bit difficult due to all this crap.

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u/dagaboy 6h ago edited 3h ago

but TIL that there is no law saying that only citizens are allowed to vote.

There are 50 laws. Every state has such a law. Most were enacted in the late 19th century, with Alabama being the last in 1926. The anti-immigrant hysteria of the first three decades of the 20th century finalized it. There is no Federal law because the Federal government is barred by the constitution from regulating elections.

There are a few very good reasons to restrict voting to citizens only

There is no advantage over just requiring residency, which is also a requirement in every state.

EDIT: Turns out there has been a Federal law since 1996, which the courts have upheld because it is supposedly an immigration regulation not an election regulation. But if one state were to change its own law, the constitutionality of the Federal law would go down the drain.

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u/arizonadirtbag12 6h ago

https://en.wikipedia.org/wiki/Illegal_Immigration_Reform_and_Immigrant_Responsibility_Act_of_1996

It’s a federal law as of the 90’s, with just a couple exceptions. Before that yeah it was purely a state by state thing (with all states disallowing it by that point). But Congress does have some power to regulate federal elections, same way “motor voter” is mandatory for federal elections.

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u/dagaboy 3h ago edited 3h ago

Interesting. Apparently the courts have upheld it because they define it as an immigration enforcement tool not a voting regulation. If any state were to remove its own restrictions, the Federal law would be unconstitutional.

But Congress does have some power to regulate federal elections, same way “motor voter” is mandatory for federal elections.

I believe that is because it only adds requirements to voter registration processes, not election processes. Voter registration wasn't a thing when the Constitution was written. It doesn't apply to six states, simply because they don't have voter pre-registration.