Voting is a right that is governed by laws
When our country was founded more than 200 years ago, very few citizens had the right to cast a ballot for elected public officials. Only white males could vote, and even then, they had to own property or pay poll taxes for the privilege.
That began to change after the Civil War and the abolition of slavery, when the Fifteenth Amendment to the U.S. Constitution eliminated racial barriers to voting. The Women’s Suffrage Movement in the early 1900s led to women being granted the right to vote in 1920.
Today, voting is an important part of U.S. citizenship, with most men and women over age 18 entitled to vote. The law has always played – and will continue to play – a role in the right to vote. Laws govern the entire electoral process including voter registration, campaign financing issues and the amount of money which a candidate can raise and spend. It also dictates who is eligible to vote, what procedures must be followed in order to vote and even what voting machinery can be used.
One of the most recent laws came about in the aftermath of the highly-contested race for U.S. President in 2000. Confusion over the ballot design, use of voting machinery, voter registration rolls and post-election procedures resulted in the need for uniform guidelines for voting systems. The Help America Vote Act (HAVA), which was enacted in October 2002, has had an impact on a wide range of issues from the selection of voting systems and equipment to voter registration requirements.
Under HAVA, voting systems in federal elections must permit voters to verify ballot choices, notify of over-votes or under-votes and allow the ability for the ability to correct the ballot. It also provides for a manual audit, accessible voting for the disabled, language accessibility requirements and meeting Federal Election Commission “error rate” standards. Additionally, each state had to develop a definition of what constitutes a vote and what would be counted as a vote.
In Illinois, there are numerous laws which govern various aspects of voting and campaigning by the candidates.
The election process itself is overseen by an independent agency, the State Board of Elections, which was established by the Illinois General Assembly in 1973. The bi-partisan, eight-member board reviews recommendations from various sources for new election laws, new interpretations and different procedures. Its activities cover not only Election Day but all activities leading up to and after every election.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.
© Illinois State Bar Association
If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.