# Can a state lower the voting age? **URL:** \ **Category:** Factual Questions\ **Created:** [October 22, 2006, 2:48am UTC](https://boards.straightdope.com/t/can-a-state-lower-the-voting-age/377399 "2006-10-22T02:48:20Z")\ **Posts on this page:** 15\ **Page:** 1
**Author:** ![alphaboi867](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alphaboi867/32/3898_2.png) [@alphaboi867](https://boards.straightdope.com/u/alphaboi867)\ **Post date:** [October 22, 2006, 2:48am UTC](https://boards.straightdope.com/t/can-a-state-lower-the-voting-age/377399/1 "2006-10-22T02:48:20Z")
Could a state lower the voting age and allow unter-18s to vote in Congressional/Presidential elections? ---
**Author:** ![Walloon](https://avatars.discourse-cdn.com/v4/letter/w/fbc32d/32.png) [@Walloon](https://boards.straightdope.com/u/Walloon)\ **Post date:** [October 22, 2006, 2:54am UTC](https://boards.straightdope.com/t/can-a-state-lower-the-voting-age/377399/2 "2006-10-22T02:54:45Z")
Absolutely. A state could allow two-year-olds to vote. Voting regulations are set by the states. The [26th Amendment](http://caselaw.lp.findlaw.com/data/constitution/amendment26/) to the Constitution only guarantees that > [@](#): > > 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. ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [October 22, 2006, 3:21am UTC](https://boards.straightdope.com/t/can-a-state-lower-the-voting-age/377399/3 "2006-10-22T03:21:03Z")
> **[Twenty-sixth Amendment to the United States Constitution](https://en.wikipedia.org/wiki/Twenty-sixth_Amendment_to_the_United_States_Constitution)** > > The Twenty-sixth Amendment (Amendment XXVI) to the United States Constitution establishes a nationally standardized highest permissible minimum age of 18 for participation in state and federal elections. It was proposed by Congress on March 23, 1971, and three-fourths of the states ratified it by July 1, 1971. Various public officials had supported lowering the voting age during the mid-20th century, but were unable to gain the legislative momentum necessary for passing a constitutional amendme... > [@](#): > > Suffrage to those 18 or older was endorsed by Dwight D. Eisenhower and Lyndon Johnson. A law was passed in 1970 which was similar to the amendment, but the government of Oregon challenged it in court (Oregon v. Mitchell), and the Supreme Court overturned the parts of the law which required states to register 18-year-olds for state elections. By this time, five states had already granted citizens under the age of 21 the right to vote (Georgia and Kentucky observed 18 as the minimum voting age, Alaska 19, and Hawaii and New Hampshire 20), but many citizens wanted all states to do so. 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. ---
**Author:** ![Walloon](https://avatars.discourse-cdn.com/v4/letter/w/fbc32d/32.png) [@Walloon](https://boards.straightdope.com/u/Walloon)\ **Post date:** [October 22, 2006, 3:32am UTC](https://boards.straightdope.com/t/can-a-state-lower-the-voting-age/377399/4 "2006-10-22T03:32:31Z")
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”. ---
**Author:** ![David\_Simmons](https://avatars.discourse-cdn.com/v4/letter/d/9de053/32.png) [@David\_Simmons](https://boards.straightdope.com/u/David_Simmons)\ **Post date:** [October 22, 2006, 3:55am UTC](https://boards.straightdope.com/t/can-a-state-lower-the-voting-age/377399/5 "2006-10-22T03:55:36Z")
[QUOTE=Walloon] Absolutely. A state could allow two-year-olds to vote. Voting regulations are set by the states. The [26th Amendment](http://caselaw.lp.findlaw.com/data/constitution/amendment26/) to the Constitution only guarantees that [/QUOTE] That’s true, however congress might have the power to alter the state’s regulations. > [@](#): > > Article I, Sec. 4. 1. 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 make or alter such regulations except as to the places of choosing Senators. Voting age is a qualification and might be construed as part of the manner of holding elections should some state go to extremes. ---
**Author:** ![633squadron](https://avatars.discourse-cdn.com/v4/letter/6/ee59a6/32.png) [@633squadron](https://boards.straightdope.com/u/633squadron)\ **Post date:** [October 22, 2006, 4:49am UTC](https://boards.straightdope.com/t/can-a-state-lower-the-voting-age/377399/6 "2006-10-22T04:49:19Z")
[QUOTE=David Simmons] 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. [/QUOTE] 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. ---
**Author:** ![Walloon](https://avatars.discourse-cdn.com/v4/letter/w/fbc32d/32.png) [@Walloon](https://boards.straightdope.com/u/Walloon)\ **Post date:** [October 22, 2006, 5:59am UTC](https://boards.straightdope.com/t/can-a-state-lower-the-voting-age/377399/7 "2006-10-22T05:59:02Z")
[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. > [@](#): > > 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. > [QUOTE=633squadron] > 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. Minimum age was 18 for the Army or Navy, or 17 for the Navy with parent’s permission. ---
**Author:** ![Walloon](https://avatars.discourse-cdn.com/v4/letter/w/fbc32d/32.png) [@Walloon](https://boards.straightdope.com/u/Walloon)\ **Post date:** [October 22, 2006, 6:00am UTC](https://boards.straightdope.com/t/can-a-state-lower-the-voting-age/377399/8 "2006-10-22T06:00:11Z")
Let’s try that again. [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. [/quote] 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. [QUOTE=633squadron] 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] Minimum age was 18 for the Army or Navy, or 17 for the Navy with parent’s permission. ---
**Author:** ![Tim\_T-Bonham.net](https://avatars.discourse-cdn.com/v4/letter/t/46a35a/32.png) [@Tim\_T-Bonham.net](https://boards.straightdope.com/u/Tim_T-Bonham.net)\ **Post date:** [October 22, 2006, 7:46am UTC](https://boards.straightdope.com/t/can-a-state-lower-the-voting-age/377399/9 "2006-10-22T07:46:03Z")
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](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. ---
**Author:** ![Common\_Tater](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/common_tater/32/13846_2.png) [@Common\_Tater](https://boards.straightdope.com/u/Common_Tater)\ **Post date:** [October 22, 2006, 5:20pm UTC](https://boards.straightdope.com/t/can-a-state-lower-the-voting-age/377399/10 "2006-10-22T17:20:56Z")
Could a state raise the voting age to say, 35? ---
**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\ **Post date:** [October 22, 2006, 5:45pm UTC](https://boards.straightdope.com/t/can-a-state-lower-the-voting-age/377399/11 "2006-10-22T17:45:19Z")
[QUOTE=Common Tater] Could a state raise the voting age to say, 35? [/QUOTE] No, as \*\*Walloon \*\* pointed out, that would violate the 26th Amendment. ---
**Author:** ![alphaboi867](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alphaboi867/32/3898_2.png) [@alphaboi867](https://boards.straightdope.com/u/alphaboi867)\ **Post date:** [October 23, 2006, 2:17am UTC](https://boards.straightdope.com/t/can-a-state-lower-the-voting-age/377399/12 "2006-10-23T02:17:37Z")
[QUOTE=Walloon] 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… [/QUOTE] 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? ---
**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\ **Post date:** [October 25, 2006, 5:04pm UTC](https://boards.straightdope.com/t/can-a-state-lower-the-voting-age/377399/13 "2006-10-25T17:04:31Z")
**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: ---
**Author:** ![RealityChuck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/realitychuck/32/195_2.png) [@RealityChuck](https://boards.straightdope.com/u/RealityChuck)\ **Post date:** [October 25, 2006, 5:24pm UTC](https://boards.straightdope.com/t/can-a-state-lower-the-voting-age/377399/14 "2006-10-25T17:24:12Z")
[QUOTE=633squadron] The amendment was adopted in 1971. In the 1972 election I had just turned 20. [/QUOTE] 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. ---
**Author:** ![Balthisar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/balthisar/32/2825_2.png) [@Balthisar](https://boards.straightdope.com/u/Balthisar)\ **Post date:** [October 25, 2006, 9:19pm UTC](https://boards.straightdope.com/t/can-a-state-lower-the-voting-age/377399/15 "2006-10-25T21:19:18Z")
With my parents’ consent, I joined the Army as 17 year old. That was back during the latter half of the previous century, though.