Could a state lower the voting age and allow unter-18s to vote in Congressional/Presidential elections?
Absolutely. A state could allow two-year-olds to vote. Voting regulations are set by the states. The 26th Amendment to the Constitution only guarantees that
However, a state would probably simultaneously have to alter a great many other provisions in its state constitution so that an under-eighteen would be a legal adult in other ways.
Why would it? There are different ages for different purposes: driver’s license, voting, sexual consent, contract making, alcohol consumption. There’s no “one age fits all”.
That’s true, however congress might have the power to alter the state’s regulations.
Voting age is a qualification and might be construed as part of the manner of holding elections should some state go to extremes.
In regard to voting, the US Constitution has this to say:
Article 1 Section 4 (previously quoted):
“The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each state by the legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators.”
The “manner” presumably includes qualifications to vote.
The 15th Amendment:
“The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.”
No mention of age, though.
The 17th Amendment:
“The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years”
which overrides part of Article 1 section 4. Still no mention of age.
The 19th Amendment:
“The right of citizens in the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.”
Women have the right to vote.
and finally the 26th amendment:
“Section 1. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.”
which means that I was one of the first US citizens to vote before I reached the age of 21. The amendment was adopted in 1971. In the 1972 election I had just turned 20.
Clearly a state can lower the voting age below eighteen.
BTW, each state has the right to set its own lower limit for drinking alcohol, “age of consent”, age to obtain a driver’s license, age to obtain a marriage license, and so forth.
At one time, these varied widely from state to state. The drinking age is AFAIK uniformly at 21, because the Federal government decided that it would withhold highway funds for any state that refused to make it so! When I was growing up, though, the drinking age in Washington DC was 18 or 19 and in New York was 18.
For similar reasons, the driving age is no lower than 16. Some states like California make it 18 unless you take driver’s ed.
Dunno anything about marriage ages. The age of consent in some states used to be ridiculously low (I remember reading that in some Southern states it was 12) but now universally seems to be 18. For our non-US brethern, the age of consent is a woman’s age, below which it is illegal to have sex with her even if it is “consensual”. That is, sex with a 14-year-old is rape, even if she agrees to have it with you. This situation of rape is therefore called “statutory rape”.
I don’t know anything about the age for joining the military. It’s set by the federal government. I do know that during WWII, you could join at 17 (or 16?) if you had your parent’s permission, or 18 without their permission.
[QUOTE=633squadron]
I was one of the first US citizens to vote before I reached the age of 21. The amendment was adopted in 1971. In the 1972 election I had just turned 20.
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Before 1971, 19 and 20 year olds could vote in Alaska, 18 to 20 year olds in Georgia and Kentucky, and 20 year olds in Hawaii.
Minimum age was 18 for the Army or Navy, or 17 for the Navy with parent’s permission.
Let’s try that again.
Before 1971, 19 and 20 year olds could vote in Alaska, 18 to 20 year olds in Georgia and Kentucky, and 20 year olds in Hawaii.
Minimum age was 18 for the Army or Navy, or 17 for the Navy with parent’s permission.
A list of Countries with a Voting Age under Eighteen & Movements to Lower the Voting Age in various US states: http://www.youthrights.org/votestatus.shtml
Note that here in Minnesota, there have been 2 such efforts:
- in 1989, a bill to lower the voting age to 12.
- in 2004, a bill to lower the voting age to 17.
Could a state raise the voting age to say, 35?
No, as **Walloon ** pointed out, that would violate the 26th Amendment.
Georgie lowered it’s voting age in 1943 during the middle of WWII. Didn’t Hawaii have a set it’s voting age at 20 when it was still a kingdom?
Alphaboi, I see that you also started another thread asking whether a state could constitutionally have a Governor-for-Life. You have some interesting political plans, don’t you…? :dubious:
I beat you. There was a school board election about two weeks after the Amendment was ratified, and I voted then – July of '72. And quite a few others under 21 voted in that election.
Not to mention the states that had allowed it in the first place.
With my parents’ consent, I joined the Army as 17 year old. That was back during the latter half of the previous century, though.