Twenty-sixth Amendment: Voting at 18

The Twenty-sixth Amendment says citizens 18 and older can't be denied the vote "on account of age." It took about three months to ratify, after the Supreme Court split on whether Congress could lower the voting age by statute. It applies to every election, Williams City Council races included. In California, 16- and 17-year-olds can preregister so they're ready to vote at 18.

The text

The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.

Source: National Archives transcription Verified1

The Congress shall have power to enforce this article by appropriate legislation.

Source: National Archives transcription Verified1

What it says

• "Citizens of the United States, who are eighteen years of age or older." It sets a floor. A state may not shut out voters 18 and older because of age Verified1.
• "Shall not be denied or abridged." "Abridged" means weakened, not just denied. Courts have used it against rules that made voting harder for young people (see below).
• "By the United States or by any State." The same words as the Fifteenth and Nineteenth Amendments, so it reaches local elections too Verified1.
• Section 2. Congress may enforce it. Federal law lets the Justice Department sue state and local governments that violate it Verified3.

History

• World War II. Congress lowered the draft age to 18. That led some officials to ask why 18- to 20-year-old servicemembers couldn't vote, and the slogan "old enough to fight, old enough to vote" caught on Verified3.
• Korea and Vietnam. Support grew "as Americans questioned why young soldiers fighting in Korea and Vietnam could not exercise the franchise" Verified3.
• 1970: a statute and a split Court. Congress "lowered the minimum voting age to 18 in federal elections—but not state elections—by enacting the Voting Rights Act Amendments of 1970" Verified3. The 1970 law tried to cover all elections. In Oregon v. Mitchell, the deciding opinion said Congress could "enfranchise 18-year-old citizens in national elections" but "cannot set the voting age in state and local elections" (Oregon v. Mitchell, 400 U.S. 112 (1970)) Verified2.
• 1971: about three months. Congress sent the amendment to the states "on March 23, 1971," and it was ratified July 1 Verified3,1. President Nixon said the "11 million new young voters" would bring "a spirit of moral courage" to the electorate Verified3.

How courts read it

"The Supreme Court has not decided any cases definitively interpreting the Twenty-Sixth Amendment" Verified3. Other courts have:

• Jolicoeur v. Mihaly (California Supreme Court, 1971). State officials "violated the Twenty-Sixth Amendment when they treated unmarried 'minor' citizens of at least 18 years of age who did not live with their parents 'differently from adults' for voting purposes." They had refused to let these young voters register where they actually lived Verified3. Our reading: a college student or young worker who has moved out can register at their own address, the same as any adult.
• Texas residency rules. A federal court struck down rules that set voting residency for people under 21 "on a different basis than persons twenty-one years of age and older" Verified3.

In Williams

• City elections are included. Any U.S. citizen 18 or older who lives in Williams and is registered can vote for City Council and on local measures. California's constitution says: "A United States citizen 18 years of age and resident in this State may vote" (Art. II, §2(a)) Verified6.
• Preregister at 16. A person may preregister if they are a citizen, a California resident, not imprisoned for a felony, "and at least 16 years of age" (Elections Code §2101(b)) Verified4. To register to vote, you must be "at least 18 years of age at the time of the next election" (§2101(a)) Verified4.
• Deadline. A registration counts if the county elections official gets it "on or before the 15th day before an election," including through the Secretary of State's website Verified5. Colusa County runs registration and elections for Williams Verified7.
• Where you live counts. You vote where you reside, so a young adult who moved out of a parent's home in another town can register in Williams (see Jolicoeur above) Verified8,3.

Common misconceptions

• "It only covers federal elections." That was the 1970 statute after Oregon v. Mitchell. The amendment covers every election Verified2,1.
• "Students have to vote where their parents live." Jolicoeur rejected treating 18-to-20-year-olds differently from other adults on residence Verified3.
• "You can't do anything until you turn 18." In California you can preregister at 16 Verified4.
• "The amendment bans all age limits." It protects those 18 and older. It doesn't require letting younger people vote.

Check yourself

Pick an answer for each question. You will see right away if it is right, and why.