A 21st-Century Voting Rights Act

Robert L. Tsai is a professor of law at American University and a visiting professor of constitutional law at Temple University.

Robert L. Tsai

America runs elections like a collection of partisan fiefdoms rather than a modern democracy. We need a Voting Rights Act for the 21st century, one that goes beyond the anti-discrimination focus of the 15th Amendment and fulfills the broader promise of equal citizenship promised by the 14th Amendment. To start, Congress could amend the National Voter Registration Act to forbid states and localities from purging voters from rolls within nine months of a federal election (the standard is currently 90 days). It could also condition receipt of federal funds—it doesn’t matter what law the funds are attached to, just that there’s money tied to reform—on an agreement not to disenfranchise anyone for any crimes, or at least on agreement about best practices (only for the most serious offenses, with automatic restoration after release from prison that is not dependent on paying outstanding fines or court fees).

‘Limit the ability of states to purge people from the voter rolls.’

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Something different: End the Electoral College

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Illustration and animation by Ben Fearnley.

Photos: Getty Images; AP; Wikipedia Commons; Flickr; Chris Lehmann, courtesy of New Republic; Gary Shteyngart, photo by Brigitte Lacombe; Kevin Kosar, courtesy of R Street Institute; Michael Anton, courtesy of Hillsdale College; Matthew Continetti, courtesy of Washington Free Beacon; Rebecca Sandefur, courtesy of John D. & Catherine T. MacArthur Foundation; Myrna Pérez, courtesy of Brennan Center.

Art direction by Megan McCrink. Design and development by Erin Aulov, Andrew Briz and Lily Mihalik. Editing by Margaret Slattery, Chris Suellentrop, Ruairí Arrieta-Kenna and Zack Stanton. Photo research by Katie Ellsworth and Bill Kuchman. Videos produced and edited by Brooke Minters, Krystal Campos, Eugene Daniels and Mary Newman.