Election Day History and Statutes

On Tuesday, November 6th, Americans who haven’t already done so will head to the polls or mail their ballots to cast votes for local, state, and federal candidates and measures. Election Day has been held on a Tuesday since 1845, when Congress agreed that if citizens voted on Monday’s they would have to start driving their buggies to the polls on the Sabbath and if they voted on Wednesday’s they might not get their shopping done. The 1848 election was the first presidential election in which every state voted on the same day. In 1872, legislation was passed that moved election day for the House of Representatives to the same Tuesday in November. The act was amended to include Senate elections with the 17th Amendment. Many important changes have been made since then to make voting accessible to anyone who wants to make their voice heard at the ballot box, including the Civil Rights Act and the ratification of the 24th and 26th Amendments.

Here is a look at some of the other landmark moments in state and federal Election Day history:

· Suffragette and University of Washington alum Jeannette Rankin became the first woman elected to Congress in 1916 — six years following the passage of voting rights for women in the state. In 2018, a record number of women are on the ballot.

· Although the 15th Amendment granted African American men the right to vote, many states continued to discriminate against people of color, including the denial of voting rights to Native Americans. They were granted with the passage of the Indian Citizenship Act of 1924.

· President Lyndon Johnson ran what is considered to be the first political “attack ad” in 1964. This year, a predicted $6.75 billion dollars will be spent on political ads.

· In 1984, federal government required that polling places become accessible to people with disabilities with the passage of the Voting Accessibility for the Elderly and Handicapped Act.

· The U.S. Supreme Court decision of 2000 to end the recount of Florida ballots in the presidential race between George W. Bush and Al Gore served as the catalyst for a number of election reform measures. Congress passed a Help America Vote Act in 2002, establishing state standards and the Election Assistance Commission.

· In 2008, Washington enacted the Top Two Primary, wherein voters are allowed to vote for candidates regardless of party. (The system was initially passed by the people in 2004 and upheld by the Supreme Court.) In 2009, Washington became the second state to adopt the mail in ballot.

· All but three states have allowed the restoration of voting rights to people with past felony convictions. This year, over a million people could be eligible to vote in 2020 if Floridians pass Amendment 4.

For more information on federal, state and local elections, check out these links from the State Law Library’s Election Day Reference Guide:

Washington State Election Statutes: RCW 29A

Registration:

· Dept. of Licensing Voter Registration page

· Secretary of State — MyVote

· USA.gov Register to Vote

Judicial Elections:

· Voting for Judges

Initiatives/Referenda

Federal Elections:

· Federal Election Commission:

· RealClearPolitics “Election Central 2018”

Voting Rights:

· Voting Rights Act

· Voting with a Felony Conviction

· Court Forms

One final note: think your vote doesn’t count? Tell that to former Alaska State Representative Mike Kelly, who won his 2008 election by just one vote. (LE)