Skip to main content

Keep states' hands off your right to vote

By Mark Pocan, Special to CNN
July 10, 2013 -- Updated 1308 GMT (2108 HKT)
California voters cast ballots in the last president edlection, November 6, 2012.
California voters cast ballots in the last president edlection, November 6, 2012.
STORY HIGHLIGHTS

Editor's note: U.S. Rep. Mark Pocan, a Democrat, represents Wisconsin's second congressional district. He serves on both the Budget Committee and the Committee on Oversight and Government Reform, and has been appointed an assistant minority whip.

(CNN) -- That didn't take long. Just two weeks since the Supreme Court struck down Section 4 of the Voting Rights Act, state legislatures are moving quickly on voter suppression measures.

Already, six of the nine states that were previously covered by the requirement that changes in voting procedures be pre-cleared have started to bring up restrictive voter ID laws. If there is a glimmer of hope for voting rights advocates, however, it's that the court merely ruled that the formula was outdated, and that Congress "may draft another formula based on current conditions."

I agree with the court that indeed, the previous formula included in the Voting Rights Act does not address today's attempts to restrict the right to vote. In fact, I think it underestimates them.

Mark Pocan
Mark Pocan

Under the former formula used by the Voting Rights Act, nine entire states and certain counties and municipalities in six additional states were required to obtain federal preclearance before passing new voting laws. But according to the Brennan Center for Justice, already in 2013 more than 30 states, including my home state of Wisconsin, have introduced more than 80 bills that would restrict the right to vote. These bills would do everything from requiring photo identification at the polls, to limiting early voting opportunities, to creating burdensome registration requirements.

Although these efforts are not as blatant as previous voter suppression techniques such as literacy tests and violent intimidation, they are still discriminatory. The victims of these voter suppression efforts are usually the same, no matter the state: minority and low-income voters, the elderly and students.

In a country built on the foundation of civic participation, voting should be our most fundamental right, the right that ensures all other rights we possess. But the right to vote is, contrary to popular belief, not explicitly guaranteed by our Constitution. Although the right is inherent or implied throughout our founding document, and amendments prohibit discrimination based on race, gender, and age, we possess no affirmative right to vote. If we did, state lawmakers wouldn't continue to pass, and courts would not continue to uphold, these various restrictive voting laws.

Holder: 'Deeply disappointed' in ruling
High court guts Voting Rights Act

So Rep. Keith Ellison of Minnesota and I have proposed a solution that we believe accurately reflects the current voting rights landscape; a solution that applies to all 50 states and protects the voting rights of all who call this country home.

This spring we introduced a "Right to Vote" amendment to the U.S. Constitution that would guarantee an affirmative right to vote for all Americans, no matter where they live. Our amendment is both simple and absolutely necessary: It ensures that every American citizen possesses the fundamental right to vote in any public election where he or she resides, and empowers Congress with the authority to protect this right.

The consequences of this amendment would be profound for the rights of voters everywhere. Now, it is the voter who has to demonstrate that his or her right to vote has been impeded by the state. With the ratification of our amendment, the burden of proof would switch to the states, which would have to demonstrate that they possess a compelling interest to restrict a voter's rights.

This would mean that all of the states who believe that we need voter ID laws to protect against a "crisis" of voter fraud would actually need to demonstrate that such a crisis existed. Predictably, when an investigation into voter fraud was launched in Wisconsin in conjunction with proposed voter ID legislation, barely a case was found when someone had voted in place of someone else. Other studies have found the same thing. Voter ID laws to counter voter fraud represent little more than a cure in search of a disease, and states must be stopped from implementing these discriminatory measures.

While the recent dismantling of the Voting Rights Act is certainly disheartening, we have a chance to strengthen our fundamental right to vote. As President Lyndon B. Johnson declared in 1965 to a joint session of Congress to encourage passage of the landmark legislation, "There is no duty which weighs more heavily on us than the duty we have to ensure that right." And there is no way that we can better protect that right than through a right to vote amendment to our Constitution.

Follow @CNNOpinion on Twitter.

Join us at Facebook/CNNOpinion.

The opinions expressed in this commentary are solely those of Mark Pocan.

ADVERTISEMENT
Part of complete coverage on
October 21, 2014 -- Updated 2006 GMT (0406 HKT)
Timothy Stanley says Lewinsky is shamelessly playing the victim in her affair with Bill Clinton, humiliating Hillary Clinton again and aiding her critics
October 21, 2014 -- Updated 0102 GMT (0902 HKT)
Imagine being rescued from modern slavery, only to be charged with a crime, writes John Sutter
October 21, 2014 -- Updated 1600 GMT (0000 HKT)
Tidal flooding used to be a relatively rare occurrence along the East Coast. Not anymore, write Melanie Fitzpatrick and Erika Spanger-Siegfried.
October 21, 2014 -- Updated 1135 GMT (1935 HKT)
Carol Costello says activists, writers, politicians have begun discussing their abortions. But will that new approach make a difference on an old battleground?
October 21, 2014 -- Updated 1312 GMT (2112 HKT)
Sigrid Fry-Revere says the National Organ Transplant Act has caused more Americans to die waiting for an organ than died in both World Wars, Korea, Vietnam, Afghanistan and Iraq
October 21, 2014 -- Updated 1851 GMT (0251 HKT)
Crystal Wright says racist remarks like those made by black Republican actress Stacey Dash do nothing to get blacks to join the GOP
October 21, 2014 -- Updated 2207 GMT (0607 HKT)
Mel Robbins says by telling her story, Monica Lewinsky offers a lesson in confronting humiliating mistakes while keeping her head held high
October 20, 2014 -- Updated 1329 GMT (2129 HKT)
Cornell Belcher says the story of the "tea party wave" in 2010 was bogus; it was an election determined by ebbing Democratic turnout
October 20, 2014 -- Updated 2012 GMT (0412 HKT)
Les Abend says pilots want protocols, preparation and checklists for all contingencies; at the moment, controlling a deadly disease is out of their comfort zone
October 20, 2014 -- Updated 0336 GMT (1136 HKT)
David Weinberger says an online controversy that snowballed from a misogynist attack by gamers into a culture war is a preview of the way news is handled in a world of hashtag-fueled scandal
October 20, 2014 -- Updated 1223 GMT (2023 HKT)
Julian Zelizer says Paul Krugman makes some good points in his defense of President Obama but is premature in calling him one of the most successful presidents.
October 20, 2014 -- Updated 0221 GMT (1021 HKT)
Conservatives can't bash and slash government and then suddenly act surprised if government isn't there when we need it, writes Sally Kohn
October 22, 2014 -- Updated 1205 GMT (2005 HKT)
ISIS is looking to take over a good chunk of the Middle East -- if not the entire Muslim world, write Peter Bergen and Emily Schneider.
October 20, 2014 -- Updated 1300 GMT (2100 HKT)
The world's response to Ebola is its own sort of tragedy, writes John Sutter
October 17, 2014 -- Updated 2033 GMT (0433 HKT)
Hidden away in Russian orphanages are thousands of children with disabilities who aren't orphans, whose harmful treatment has long been hidden from public view, writes Andrea Mazzarino
October 18, 2014 -- Updated 1722 GMT (0122 HKT)
When you hear "trick or treat" this year, think "nudge," writes John Bare
October 18, 2014 -- Updated 0442 GMT (1242 HKT)
The more than 200 kidnapped Nigerian schoolgirls have become pawns in a larger drama, writes Richard Joseph.
October 17, 2014 -- Updated 1345 GMT (2145 HKT)
Peggy Drexler said Amal Alamuddin was accused of buying into the patriarchy when she changed her name to Clooney. But that was her choice.
October 16, 2014 -- Updated 2043 GMT (0443 HKT)
Ford Vox says the CDC's Thomas Frieden is a good man with a stellar resume who has shown he lacks the unique talents and vision needed to confront the Ebola crisis
October 18, 2014 -- Updated 0858 GMT (1658 HKT)
How can such a numerically small force as ISIS take control of vast swathes of Syria and Iraq?
October 17, 2014 -- Updated 1342 GMT (2142 HKT)
How big a threat do foreign fighters in Syria and Iraq pose to the West? It's a question that has been much on the mind of policymakers and commentators.
October 17, 2014 -- Updated 1221 GMT (2021 HKT)
More than a quarter-million American women served honorably in the Iraq and Afghanistan wars. Now they are home, we have an obligation to help them transition back to civilian life.
October 16, 2014 -- Updated 2027 GMT (0427 HKT)
Paul Begala says Rick Scott's deeply weird refusal to begin a debate because rival Charlie Crist had a fan under his podium spells disaster for the Florida governor--delighting Crist
October 16, 2014 -- Updated 0407 GMT (1207 HKT)
The longer we wait to engage on Ebola, the more limited our options will become, says Marco Rubio.
October 15, 2014 -- Updated 1153 GMT (1953 HKT)
Democratic candidates who run from President Obama in red states where he is unpopular are making a big mistake, says Donna Brazile
October 16, 2014 -- Updated 0429 GMT (1229 HKT)
At some 7 billion people, the world can sometimes seem like a crowded place. But if the latest estimates are to be believed, then in less than a century it is going to feel even more so -- about 50% more crowded, says Evan Fraser
October 20, 2014 -- Updated 1653 GMT (0053 HKT)
Paul Callan says the Ebola situation is pointing up the need for better leadership
October 15, 2014 -- Updated 2245 GMT (0645 HKT)
Nurses are the unsung heroes of the Ebola outbreak. Yet, there are troubling signs we're failing them, says John Sutter
October 15, 2014 -- Updated 1700 GMT (0100 HKT)
Dean Obeidallah says it's a mistake to give up a business name you've invested energy in, just because of a new terrorist group
October 15, 2014 -- Updated 2301 GMT (0701 HKT)
Fear of Ebola is contagious, writes Mel Robbins; but it's time to put the disease in perspective
October 14, 2014 -- Updated 1744 GMT (0144 HKT)
Oliver Kershaw says that if Big Tobacco is given monopoly of e-cigarette products, public health will suffer.
October 18, 2014 -- Updated 1335 GMT (2135 HKT)
Stop thinking your job will make you happy.
October 15, 2014 -- Updated 0208 GMT (1008 HKT)
Ruben Navarrette says it's time to deal with another scandal involving the Secret Service — one that leads directly into the White House.
October 14, 2014 -- Updated 1125 GMT (1925 HKT)
Americans who choose to fight for militant groups or support them are young and likely to be active in jihadist social media, says Peter Bergen
October 13, 2014 -- Updated 1303 GMT (2103 HKT)
Stephanie Coontz says 11 years ago only one state allowed same sex marriage. Soon, some 60% of Americans will live where gays can marry. How did attitudes change so quickly?
October 14, 2014 -- Updated 2004 GMT (0404 HKT)
Legalizing assisted suicide seems acceptable when focusing on individuals. But such laws would put many at risk of immense harm, writes Marilyn Golden.
October 13, 2014 -- Updated 1307 GMT (2107 HKT)
Julian Zelizer says the issues are huge, but both parties are wrestling with problems that alienate voters
October 13, 2014 -- Updated 2250 GMT (0650 HKT)
Mel Robbins says the town's school chief was right to cancel the season, but that's just the beginning of what needs to be done
October 11, 2014 -- Updated 1543 GMT (2343 HKT)
He didn't discover that the world was round, David Perry writes. So what did he do?
ADVERTISEMENT