Document Type

Article

Journal Title

California Law Review

Volume

109

First Page

1067

Publication Date

6-2021

Abstract

From its beginning, America has had a paradoxical democracy, where “all men are created equal” while simultaneously denying the right to vote to anyone who was not White, male, or owned property. The pandemic exposed the fault lines of our democratic form of government. Those imposing barriers to the ballot are facing off against the advocates of access. It is not a new battle. In America, we seek ways to limit who can participate instead of expanding opportunities. We have dedicated our resources to dancing around the edges of democracy, for example, advocating for vote by mail or automatic voter registration, while allowing states to develop blockades to the ballot that are confusing and quite effective.

Without a doubt, America is at a crossroads. The shenanigans that this country has used to prevent access to the ballot box, such as the poll tax, grandfather clause, restrictive voter ID, voter purges, and felon disenfranchisement, are antidemocratic and harmful to our system. COVID-19 exposed the fault lines. We must repair them. A free, fair, inclusive, nondiscriminatory right to vote is essential to a healthy democracy. We are in the position to craft a true democratic system of government. Will this country live up to its democratic destiny or continue to deny our journey to a more perfect union?

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