Voter Registration Was Set Up to Prevent Fraud, But Sometimes Created It
Throughout the states, voter registries were stalled in legislation in the decades following the creation of the Massachusetts system. Some New England states followed suit, but most did nothing until mass efforts in the north after 1860 made registries seem required. When the systems were eventually developed, they were mostly confined to large cities.
Pennsylvania’s 1836 voter registration laws in Philadelphia show how some voter registries ended up limiting voters, Keysarr writes. Opponents charged that voter registration created more fraud than it prevented and was intentionally designed to cut down the number of voters in the city, handing control of state legislation to rural voters. It wasn’t uncommon for Philadelphia voters to show up at the polls only to find their names removed from the official documents. When an attempt was made to make registration statewide, it was easily defeated.
Urban growth and immigration following the American Civil War spurred the establishment of more voter registrations, but some charge the drive had more to do with black Americans moving north and the desire to suppress their political voice.
Wherever voter registrations were put in place, sneaky attempts to control whose names got on the voter rolls followed. Registration during this post-Civil War era was mostly accomplished by going door to door so it wasn’t hard to avoid registering poor citizens and others deemed undesirable by corrupt political parties. And the systems were rife with fraud that allowed for fake registration.
Because of the political battles meant to fix corruption, registration laws were typically in constant flux and voters found it difficult to keep track of how and when to register.
Registration Laws Could be Comically Restrictive
Some efforts to limit registration were comically restrictive, Keysarr writes. For example, that in 1885, Ohio allowed voters to register on only seven select days during the year until a court overturned the law.
An 1867 New Jersey law stipulated that registration was only allowed on the Thursday before election and anyone was permitted to dispute a registrant. In neighboring New York City in 1908, voter registration was held on the Jewish Sabbath and during Yom Kippur as a way of keeping Jews, many of whom were Socialists, away from the polls.
Since corruption continued to be a concern, states turned to the idea of having a central, unaffiliated statewide authority oversee elections. In 1913, Nebraska created a permanent registry with an election commissioner that would become the standard model, based on Boston and Chicago efforts.
By World War I, most states had voter registration laws, but the controversies never went away. In 1920, the 14th Amendment allowed states to decide what crimes would allow the loss of voting rights, which, Keysarr says, has been used to purge large segments of the population (mostly black) from the rolls. The Voting Rights Act of 1965 sought to overcome legal barriers at the state and local levels that prevented black Americans from exercising their right to vote.
Keysarr estimates that while registration laws have cut down on fraud, they’ve also dissuaded millions of voters from exercising their right.
“Any voter registration system is dealing with trade-offs between preventing fraud and making the ballot box accessible,” Keysarr says. “The devil was and is in the details, as we are seeing now in Georgia, North Dakota, and elsewhere. A lot of the current controversies have features similar to those in the North and the South in the 1890s.”