Lecture 3:  Voting and Elections

Key Terms:

universal suffrage;  white primary;  Nixon v. Herndon;  Smith v. Allwright; poll tax;  Voting Rights Act of 1965;  turnout;  disenfranchised; "election burnout";  long ballot;  primary election; general election;  plurality; gubernatorial election; straight-ticket voting; split-ticket voting;  Presidential Republicanism; special election; local election

 

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Nixon v. Herndon;  Smith v. Allwright

I.  In General

A.  Texas has universal suffrage in that almost all citizens eighteen and older have the right to register and vote in elections.  It was the extension of voting rights that ultimately led to universal suffrage. Universal suffrage is the concept that holds that virtually all adult citizens (felons and illegal aliens are excluded) have the right to vote.

B.  While voter registration is relatively easy in Texas, and early voting laws effectively extend the election periods dramatically, Texas' voter turnout is relatively low.

A.  In General.  The history of voting rights in Texas is full of attempts to control participation. Most of these attempts were aimed at African Americans because of the threat to the traditional power structure.

B.  White Primary

1.  In 1903, under the auspices of progressive reform, the Texas Democratic Party abandoned the party caucus system in favor of the primary system.

2.  Under the party caucus system, party leaders selected nominees.  Under the primary system, voters choose nominees.

3.  These "Progressives," in desiring to shift power to some, but not all, Texas citizens, adopted a white primary system.  The white primary was the practice of allowing only whites to vote in the Democratic primary (declared unconstitutional).

a.  While the Fifteenth Amendment (1870) guaranteed African Americans the right to vote, full implementation did not occur for another century.

1) In 1924, in Nixon v. Herndon, the United States Supreme Court held that the Texas law that prevented blacks from taking part in a Democratic primary was unconstitutional.

2)  The law did not ban Hispanics from participating.  Whether Hispanics could vote in the primary was determined locally.  Citizens of Mexico voted in Texas elections until 1927.  (see Reds and Blues)

3) In 1944, the United States Supreme Court, in Smith v. Allwright, held primary elections are an integral part of the electoral process and thus, prohibiting blacks from full participation in primary elections violated the Fifteenth Amendment.

C. Poll tax — the practice of charging a fee, or small tax, in order to let a person register to vote. Historically, the taxes often fell due at a time of year when poor sharecroppers had the least amount of cash available.  This was a requirement for all voters to pay a fee of $1.50 (counties could charge $.25, but few did) before January 31 in order to vote in that year's elections.

1.  While designed to reduce minority voter turnout, it also negatively impacted all economically disadvantages and politically unaware persons.

2. In 1964, the Twenty-fourth Amendment was added to the U.S. Constitution to ban poll taxes in federal elections.

3.  Texas nonetheless found a unique way to get around the ban.  It created a dual ballot system where everyone received a federal ballot, but only those who paid their poll taxes before January 31 in each election year received state ballots.

4.  While the Twenty-fourth Amendment specifically referred to federal elections, but not state offices, the U.S. Supreme Court struck down the Texas law in U.S. v. Texas in 1966.

D.  Federal Court Intervention

1.  After the poll tax decision, federal courts became more active in regulating voting requirements.

2.  In a series of rulings, courts struck down provisions requiring annual registration and a required year of residence in Texas before a person could vote.  Federal courts also rejected a provision of the Texas Constitution allowing only property owners to vote on bond issues.

E.  The Voting Rights Act

1. The Voting Rights Act of 1965 prohibited any government from using voting procedures that denied a person the vote on the basis of race or color. It was this extension of voting rights that ultimately led to universal suffrage. As a result, black political participation in Texas and the the South increased.

a.  Federal election registrars were sent to areas that had long histories of discrimination, and many African Americans were registered in southern states as a direct result.

(2) The Voting Rights Act of 1965 gave the federal government the power to appoint examiners in certain counties with low voter registration. Justification for doing so was the presumption that de facto discrimination existed which resulted in lower voter registration.

(3) The Voting Rights Act of 1965 produced a major increase in the number of African Americans registered to vote in the southern states, and in the number of African Americans who held public office, thus dramatically increased their political participation in the South.

2.  The Voting Rights Act also requires all affected states and municipalities to submit redistricting plans to either the U.S. Department of Justice or a federal court for approval, thus weakening the ability of the state to engage in racial gerrymandering.

A.  The chief election officer in the State of Texas is the secretary of state.  The Secretary of State is one of six state officials named by the Texas Constitution to form the Executive Department of the State. The Secretary is appointed by the Governor, with confirmation by the Senate, and serves at the pleasure of the Governor.  The Secretary serves as Chief Election Officer for Texas, assisting county election officials and ensuring the uniform application and interpretation of election laws throughout Texas. 

1.  Qualifications. In order to vote in Texas, a person must:

a.  be a U.S. citizen;

b.  be a Texas resident;

c.  be 18 years of age, although a person can apply at age seventeen, ten months;

d.  be registered at least 30 days in advance of the election. Failure to meet any one of these disqualifies potential voters.

2.  Disqualifications.  The Texas Constitution disqualifies voters when they are

a.  mentally incompetent;

b.  wards of the county (no longer a function), or

c.  convicted felons.  Convicted felons are not allowed to vote until two years after their sentences, including probation and parole, are completed.

B.  Registration

1.  Procedure to registering.  Of the four voting qualifications listed above, registration has been traditionally held to be the most difficult one for voters to meet because it requires some effort. However, the process has become simple: fill out a card and send it to the county voting registrar.

a.  Registered voters who vote once in the two-year registration period are automatically registered for the next period.

b.  A voter maintaining the same residence need never reregister.  Only in cases of moving or name change must they register again.

c.  It is not necessary to have your voter registration card in order to vote.  Any form of identification will suffice.

d. Although it takes some effort to register to vote, voters in Texas no longer have to register with a political party, pay a poll tax, or pass a literacy test.

e.  Over the past decade, the number of registered voters has increased in a disproportionate rate to actual voters.

2.  Motor Voter Law

a.  The national "motor voter" law allows for voters to be registered when they renew their driver's license. Texas voters have increased by several thousand due to this process. Some of those registered this way have not been truthful in filling out the forms and have gotten on the rolls when they were not qualified, primarily as being non-citizens.

b.  Texas became one of the first states to require agencies that register voters to determine their eligibility using records at their disposal.

3.  Voter Turnout

a.  The most fundamental form of political participation is voting, with a presidential election most likely to draw the largest voter turnout.

b.  Voting turnout in Texas is lower than the national average but it does seem be increasing with each election. Turnout is the percentage of registered voters who cast ballots. Voter turnout is lower than it appears because persons who fail to register are not counted in turnout statistics.

c.  Characteristics such as education, economic standing, the type of election, family traditions, and age seem to indicate who will or will not vote. Those in the highest categories of these characteristics will most likely vote while those who rank lower probably will not.

1)  Turnout is low among all except the wealthy, with Anglos having the highest voter turnout.

2)  The most important factor in determining whether a person votes is his or her level of education, with a college graduate most likely to vote regularly.

d.  The type of election that draws best is when there are selections of the chief executive of the nation or state, which, in Texas, never is in the same election. This could partially account for voter increase in every general election.

1)  Minorities tend to compose a high percentage of nonvoters. In the case of Hispanics, reasons for low Hispanic voter turnout include language barriers, family tradition, and past discrimination.

2)  Minorities often feel  disenfranchised in the belief that their votes do not make any difference.  A disenfranchised voter is one who has lost the right to vote, or otherwise cannot vote, or who believes his or her vote won't count.

a) Anglos have the highest voter turnout in Texas

b)  In the 2002 Texas gubernatorial race, most voters were Anglo. 

4.  Texas Factors in Registration and Turnout

a.  A major factor that affects voter turnout is that Texas has so many elections.  During a single year, a voter may be asked to vote in a party primary, a party primary runoff, a city election, a city election runoff, a local bond election, a local recall election, a tax rollback election, a special election, a special election runoff, and a general election.  Being asked to vote in multiple elections can result in "election burnout." Election burnout occurs when citizens believe there are too many elections, and thus, fall to vote.

b.  Another discouragement is the use of the long ballot in Texas. The long ballot is a system under which numerous officials are up for election at the same time, making it very time consuming to cast a ballot. See El Paso County Elections Department for sample ballots of Republican and Democratic primaries.

1)  The practice of electing almost every office requires the voter to decide on a great many positions. Some resolve this by simply voting a straight party ticket with one mark, while others find it easier to not appear at the polls at all.

2)  One often-cited discouragement to registration, and ultimately voting, in the past has been the belief that jury duty was selected from voting rolls, so some people would not register in order to avoid that duty. This is no longer the case because jury lists are now drawn from lists of driver registrations and tax rolls as well.

c.  One factor that had aided in increased voter turnout has been legislation of liberal early voting periods. In Texas, the early voting period takes place up to 20 days prior to the date of a scheduled election. The original purpose behind the early voting period was to permit those voters who will be absent from the polling place on election day to cast a ballot. 

1) Liberal policies permit voting during the early voting period regardless of whether or not the voter will be absent on election day. 

2) Changes in early voting policies in Texas has made it easier to vote early and remain in town; allowed for more days in which people can vote; and, extended voting to weekends.

d. Voting by mail is permitted if the voter is

1) going to be away from your county on Election Day and during early voting; 
2) sick, disabled or hospitalized; 
3) 65 years of age or older on Election Day; or 
4) confined in jail, but eligible to vote.  See the Texas Secretary of State website

A.  Primary Elections.  Texas holds partisan elections for all state offices from governor to justice of the peace.

1.  Before the Democrat and Republican can run against each other in a general election, the parties must determine their nominees for each office.  Party candidates are nominated for a general election by a primary. The primary election is the process through which major parties choose their nominees for the general election.

a.  The characteristics of the Texas primary appear to conform to the type of system called "open," which means the voter is not identified by party at registration so he or she may vote in the party primary of choice.  For example, a voter can vote in either the Republican or Democratic primary by simply showing up at the primary on election day.

b. In a "closed" primary, the voter is identified by party upon registration. Texas law does identify our primary as closed because we are labeled as a party member when we vote in a primary, even though in practice it operates much like an open primary. 

2.  A majority vote is required to win the primary. Failing to receive that margin necessitates a run-off within 30 days. This is not true of the presidential primary where getting the most votes decides the outcome. The Texas primary is currently set for the second Tuesday.  The nickname for the southern state primaries held on this same day in March is Super Tuesday.

3.  Not all parties are required to hold primaries.  Unless a minor party's candidate received at least 20 percent of the vote in the last governor's race, it is entitled to select its candidates through its state convention.

B.  General Elections   A general election is the process through which officeholders are elected from among party nominees.   General elections are held on the first Tuesday after the first Monday in November.

1.  All that is required to win the general election is to receive a plurality of the votes.  A plurality exists when a candidate receives the most votes in a given election, even if the total is less than 50 percent.

a.  There are no general elections runoffs.

b.  Only the winners of primary elections and those who can qualify by petitions can be on the ballot, although write-ins are permitted in the general election.

2. Gubernatorial elections, in which the governor and other state-wide elected officials are chosen, are held during even-numbered years between presidential elections.

a.  Conducting gubernatorial elections in during the off-year presidential cycle guarantees increased media coverage.

b.  The winning party in the governor's race has its party listed first on the ballot in elections for each of the following four years.  For example, with Governor Rick Perry winning the 2005 General Election, the Republican candidate in all partisan elections will be listed first on the ballot in their respective races, for the next four years.

3.  Texas allows general elections voters to vote either a "straight-party" or a "split-ticket." "Straight-party" voting is the practice of filling in one mark at the top of the ballot and thereby voting for a party's entire slate of candidates. "Split-ticket" voting is the practice of voting for candidates of more than one party in the same election. For example, a split-ticket voter may vote for a Republican candidate for president and a Democrat for governor.

4. Presidential Republicanism means a Republican presidential candidate carries a state otherwise dominated by Democrats.

C.  Special Elections

1.  Special elections are called when decisions cannot wait for the next scheduled election or in the event of emergencies..

2.  Filling vacancies, ratifying state amendments, and approving bonds are the usual subjects of this kind of election.  In Texas, the governor has been given the constitutional authority to declare special elections to fill vacancies in certain elected offices, to including, but not limited to United States Senator, members of the United States House of Representatives, and members of the Texas legislature.

3.  A majority vote is required and a run-off will follow in 30 days when necessary. The elections are nonpartisan since party identification is not on the ballot, but it is found in the campaign.

D.  Local Elections

1. Local elections are conducted to elect city councils, mayors, school board members, and special district boards.

2.  Cities and special districts may conduct their elections in odd-numbered years, and some cities require a majority vote to win, necessitating a runoff election if no candidate received a majority.

3.  Local elections are nonpartisan and are usually conducted in May.  Most local elections generate a very low voter turnout.

A.  Without question, the most important asset in a political campaign is money.  The type of campaigning conducted in any type of election is usually determined by the money available. Recent Texas campaigns have seen television become increasingly important, making it the most expensive form of campaigning. In spite of its exorbitant expense, television campaign advertising is absolutely necessary in statewide elections.

B.  In small district elections, TV may be overkill that just eats up the money. In that even local radio and newspaper advertisement becomes critical.

C.  Target mail is very cost-effective. It reaches the desired voters and cuts out those who probably wouldn't respond anyway.

D.  Personal contact is also a good strategy, but its effectiveness depends on the size of the election region.

E.  The manner of campaigning may effect voter turnout. Negative strategies turn off voters while positive ones seem to please them.

A.  Democracy only works when citizens are involved in the political process.  At the beginning of this century, many Texans were barred from participating through a series of laws and state practices.  Almost all of these barriers have been lifted.  Unfortunately, large segments of society voluntarily fail to participate in the system, thereby giving up a right that others fought long and hard to achieve.

B.  To win most offices in Texas, a person must survive two elections.  First he or she must win a party primary.  Second, the primary winners meet in a general election.  Under some circumstances, when a vacancy occurs in office, the primary is not used and all candidates run against each other in a special election.

C.  Campaigning for office is a difficult and costly endeavor.  Candidates have to endure personal attacks and must be adept enough fundraisers to bring in the money to launch counterattacks against their opponents.  Campaigning has become more sophisticated as politicians have learned how to target groups effectively based on their individual interests.

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Chief Justice Richard Barajas
GOVT 2306   State and Local Government
Cathedral High School, El Paso, Texas
Last updated: February 2007