Voting before age 18

[Star_Was]

Can a state allow its citizens to vote before age 18? What are the Constitutional issues?

[Frank]

The Constitution is pretty minimalist when it comes to voting rights. You cannot be denied the right to vote because of your race or gender, and you have to be 18. That’s pretty much it.

I see no reason a state or city could not allow those younger than 18 to vote in local elections if so desired. Disclaimer: I am not a Constitutional Scholar, and will of course defer to any that happen along.

[Otto]

Well, no, the Constitution doesn’t require that one be 18 to vote. It forbids states and Congress from denying anyone 18 and older from voting on account of age.

The right of citizens of the United States, who are 18 years of age or older, to vote, shall not be denied or abridged by the United States or any state on account of age.

There’s nothing in the amendment that prevents Congress or any state from setting its voting age lower than 18.

[Exapno_Mapcase]

@Otto

There’s nothing in the amendment that prevents Congress or any state from setting its voting age lower than 18.

Then why was the amendment necessary in the first place? Why didn’t Congress just pass a law that allowed 18-year-olds to vote? At the time it certainly sounded to me that an amendment was absolutely necessary to lower the voting age in federal elections.

I do agree that states or muncipalities could allow younger citizens to vote in their elections.

It’s been introduced into the legislature, presumably seriously, in California.

[Opus1]

@Exapno Mapcase

Then why was the amendment necessary in the first place? Why didn’t Congress just pass a law that allowed 18-year-olds to vote? At the time it certainly sounded to me that an amendment was absolutely necessary to lower the voting age in federal elections.

It was necessary. Voting is primarily a state issue. The federal govt. has very little to say about voting laws, procedures, etc. This is why we needed constitutional amendments to extend the franchise to blacks, women, 18-21 year olds, and to eliminate the poll tax.

[aahala]

Not exactly voting, but in the Iowa Democratic Caucus back in January, if you were going to be 18 by some specific future date you could participate. I don’t know if this was a party or state rule.

[Scoo8b]

@aahala

Not exactly voting, but in the Iowa Democratic Caucus back in January, if you were going to be 18 by some specific future date you could participate. I don’t know if this was a party or state rule.

This is true. If you were going to be 18 by election day, you could caucus. I am 17, but will be 18 in Octoner, so I was able to caucus…

[Duckster]

@Exapno Mapcase

Then why was the amendment necessary in the first place? Why didn’t Congress just pass a law that allowed 18-year-olds to vote? At the time it certainly sounded to me that an amendment was absolutely necessary to lower the voting age in federal elections.

The United States was in the throes of the Vietnam War and protests were underway throughout the nation. Draftees into the armed services were any male over the age of 18. There was a seeming dichotomy, however: these young men were allowed, even forced, to fight and die for their country, but they were unable to vote. The 14th Amendment only guaranteed the vote, in a roundabout way, to twenty-one year old’s.

The Congress attempted to right this wrong in 1970 by passing an extension to the 1965 Voting Rights Act (which itself is enforcement legislation based on prior suffrage amendments) that gave the vote to all persons 18 or older, in all elections, on all levels. Oregon objected to the 18-year-old limit, as well as other provisions of the 1970 Act (it also objected to a prohibition on literacy tests for the franchise). In Oregon v Mitchell (400 U.S. 112), a sharply divided Supreme Court ruled that the Congress had the power to lower the voting age to 18 for national elections, but not for state and local elections. The case was decided on December 1, 1970. Within months, on March 23, 1971, the Congress passed the text of the 26th Amendment, specifically setting a national voting age, in both state and national elections, to 18. In just over three months, on July 1, 1971, the amendment was ratified.

Source: http://www.usconstitution.net/constamnotes.html#Am26

[2sense]

Congress did pass a law. It was challenged and the Supreme Court ruled it was constitutional for Congress to pass a law making the voting age 18 for federal elections but not for state and local elections. Since it would be a lot of trouble to maintain seperate voter registration lists “the States were receptive to the proposing of an Amendment by Congress to establish a minimum age qualification at 18 for all elections, and ratified it promptly.”

U.S. Constitution - FindLaw

[Lok]

Ohio allows you to vote in the primary election at 17 if you will be 18 at the time of the general election. But you can only vote for candidates, you are not allowed to vote on issues.

[Otto]

@Lok

Ohio allows you to vote in the primary election at 17 if you will be 18 at the time of the general election. But you can only vote for candidates, you are not allowed to vote on issues.

Does Ohio print separate ballots without “issues” for 17 year-olds?

[DSYoungEsq]

You are qualified to vote if:[ul]
[li]You are a citizen of the United States;[/li][li]You are at least 18 years old on or before the day of the general election. If you will be 18 on or before the day of the general election, you may vote in the primary election for candidates only, but not on issues; [/li][li]You will be a resident of Ohio for at least 30 days before the election;[/li][li]You register to vote at least 30 days before the election.[/li][/ul]

From the Ohio Public Library Information Network, a web site containing information about voting rights and procedures in Ohio, copyrighted by both OPLIN and the Ohio Secretary of State.

The relevant code section is Ohio Revised Statutes §3503.011.

To answer the mechanical question you asked, there is a separate ballot made up for partisan offices, non-partisan offices and ballot issues. Thus, a person registered under §3503.11 would not receive the “questions and issues” ballot.

[DSYoungEsq]

Or the non-partisan ballot. Duh. :smack: