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Poll tax (United States)

 

Poll tax (United States)

Receipt for payment of poll tax, Jefferson Parish, Louisiana, 1917 (the $1 tax would be equal to $18.41 today)

In the United States, payment of a poll tax was a prerequisite to the registration for voting in a number of states. The tax emerged in some states of the United States in the late 19th century as part of the Jim Crow laws. After the right to vote was extended to all races by the enactment of the Fifteenth Amendment to the United States Constitution, many Southern states enacted poll tax laws as a device for restricting voting rights. The laws often included a grandfather clause, which allowed any adult male whose father or grandfather had voted in a specific year prior to the abolition of slavery to vote without paying the tax. These laws, along with unfairly implemented literacy tests and extra-legal intimidation,[1] achieved the desired effect of disenfranchising African-American and Native American voters, as well as poor whites.

Proof of payment of a poll tax was a prerequisite to voter registration in Florida, [5]

The poll tax requirements applied to whites as well as blacks, and also adversely affected poor citizens. Many states required payment of the tax at a time separate from the election, and then required voters to bring receipts with them to the polls. If they could not locate such receipts, they could not vote. In addition, many states surrounded registration and voting with complex record-keeping requirements.[6] These were particularly difficult for sharecropper and tenant farmers to comply with, as they moved frequently.

The poll tax was sometimes used alone or together with a literacy qualification. In a kind of grandfather clause, North Carolina in 1900 exempted from the poll tax those men entitled to vote as of January 1, 1867. This excluded all blacks, who did not then have suffrage.[7]

Although largely associated with states of the former Confederacy, poll taxes were also in place in some northern and western states. For instance, California had a poll tax until 1914 when it was abolished through a popular referendum.

Judicial challenge

In 1937, in [8]

The 24th Amendment, ratified in 1964, abolished the use of the poll tax (or any other tax) as a pre-condition for voting in federal elections,[9] but made no mention of poll taxes in state elections.

In the 1966 case of Harper v. Virginia Board of Elections, the Supreme Court overruled its decision in Breedlove v. Suttles, and extended the prohibition of poll taxes to state elections. It declared that the imposition of a poll tax in state elections violated the Equal Protection Clause of the 14th Amendment to the United States Constitution.

The Harper ruling was one of several that relied on the Equal Protection clause of the 14th Amendment rather than the more direct provision of the 15th Amendment. In a two-month period in the spring of 1966, Federal courts declared unconstitutional poll tax laws in the last four states that still had them, starting with Texas on 9 February. Decisions followed for Alabama (3 March) and Virginia (25 March). Mississippi's $2.00 poll tax (equal to $14.54 in 2013) was the last to fall, declared unconstitutional on 8 April 1966, by a federal panel.[10] Virginia attempted to partially abolish its poll tax by requiring a residence certification, but the Supreme Court rejected the arrangement in Harman v. Forssenius.

References

  1. ^ http://www.crmvet.org/info/lithome.htm
  2. ^ "Virginia's Constitutional Convention of 1901–1902". Virginia Historical Society. Retrieved 2006-09-14. 
  3. ^  
  4. ^ a b "Historical Barriers to Voting", in Texas Politics, University of Texas, accessed 4 November 2012.
  5. ^ "Atlanta in the Civil Rights Movement", Atlanta Regional Council for Higher Education
  6. ^  
  7. ^ Richard H. Pildes, "Democracy, Anti-Democracy, and the Canon", 2000, pp.12 and 27 Accessed 10 Mar 2008
  8. ^ Novotny, Patrick (2007). This Georgia Rising: Education, Civil Rights, and the Politics of Change in Georgia in The 1940s. Mercer University Press. pp. 150–.  
  9. ^ Jillson, Cal (2011-02-22). Texas Politics: Governing the Lone Star State. Taylor & Francis. pp. 38–.  
  10. ^ The World Almanac 1966, p. 68
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