Election Law and Gender
Abstract
The U.S. Constitution contains only two provisions that deal explicitly with gender, and both of them concern voting. Section 2 of the Fourteenth Amendment penalizes states that deny or abridge “the right to vote” of their “male inhabitants” who met age and citizenship requirements. The Nineteenth Amendment forbids both states and the federal government from denying or abridging the “right of citizens of the United States to vote … on account of sex.” The two provisions are linked by more than just their references to the sex of the citizens involved. They share a tangled history that continues to reverberate in contemporary issues in election law. This chapter discusses how law governing the right to vote has affected women’s suffrage, election outcomes, and public officeholding throughout U.S. history. The history of women’s participation in the political process illustrates a number of points central to the law of democracy, including the cyclical expansion and contraction of voting rights and the interaction of socioeconomic conditions with formal legal rules. Along the way, it also spotlights several little-known events, such as the nineteenth-century experience with women voting in New Jersey, Puerto Rico’s short-lived women-only literacy requirement, and a 1919 article that is the ancestor of techniques for inferring the behavior of individual voters.