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Election Laws, State and Local Elections
UNDER THE AMERICAN federal system, state and local governments are responsible for managing their own elections, with some restrictions as to when national elections are held, as long as they do not violate constitutional and national laws. In the 1960s, the national government became directly embroiled in state and local elections to prevent voter discrimination. In a series of cases that began with Baker v. Can (369 U.S. 186, 1962), the Supreme Court ordered that voting districts be drawn so as to ensure that the vote of each citizen was as nearly as possible equal to that of every other citizen. This one-person-one-vote concept was applied to districts for the House of Representatives at the national level and to both House and Senate seats at the state level.
These cases put an end to drawing district lines according to geography, which resulted in the over-representation of voters in rural areas where populations were spread out and the under-representation of voters in densely populated urban areas. States were required to redraw district lines after the national census conducted every 10 years. In the mid-1960s under the leadership of Presidents John Kennedy and Lyndon Johnson, Congress passed the Civil Rights Act of 1964 and the Voting Rights Act of 1965, banning discrimination in southern and border states. The Jim Crow laws passed after the end of Reconstruction had allowed states to infringe on the constitutional right of African-Americans to vote by instituting white primaries, literacy tests, grandfather clauses, poll taxes, and unequal access to registration and voting booths. Executive and congressional actions were enhanced by a series of court decisions at both the national and state level.
Casting Votes
Because state and local governments generally control their own electoral processes, there is great variation in election laws and policies and in their applications. Even in national elections, states are able to determine when polls will open and close. Because of the time difference between the east and west coasts, polls are generally still open in California when all polls have closed along the eastern seaboard. In the past, some newscasters began calling elections before some Americans in the west had gone to the polls. Intensive criticism of this practice and the complaint that it negatively affected voter turnout has resulted in more careful reporting of election returns in recent years.
As compared to most industrialized nations, the United States ranks low in voter turnout. This is partly because the tally is based on the total number of Americans eligible to vote rather than the percentage of registered voters who cast ballots in a given election. Another reason for America's poor showing is the vast differences in voter registration laws among the 50 states. Criticism of these differences has resulted in demands for nationwide reform. Idaho, Maine, New Hampshire, Wisconsin, and Wyoming now allow same-day registration. In a number of states, the cutoff is 30 days before a particular election. Because of the differences in access to voter registration, American states experience significant variation in voter turnout. At 68.8 percent, Minnesota has the highest turnout, followed by Maine (67.3), Arkansas (66.4), Wisconsin (66.1), and Vermont (64.0). The states with the lowest voter turnout are Hawaii (40.5), Arizona (42.3), Texas (43.1), Nevada (43.9), and Georgia (43.8).
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