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Law and Politics

Brooklyn Law School

Journal of Law and Policy

Voter ID; vote; voting law; Harper; legal financial obligation; disfranchisement; LFO; Anderson-Burdick; Section 10; Voting Rights Act; VRA; Jim Crow; discrimination; Equal Protection; Fourteenth Amendment; Crawford; provisional ballot; constitutional law; Twenty-Fourth Amendment; poll tax; ballot access; Harman; Celebrezze; election; Shelby County; Fifteenth Amendment

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“A Dollar Ain’T Much If You’Ve Got It”: Freeing Modern-Day Poll Taxes From Anderson-Burdick, Lydia Saltzbart Jun 2021

“A Dollar Ain’T Much If You’Ve Got It”: Freeing Modern-Day Poll Taxes From Anderson-Burdick, Lydia Saltzbart

Journal of Law and Policy

How much should it cost to vote in the United States? The answer is clear from the Supreme Court’s landmark opinion in Harper v. Virginia State Board of Elections—nothing. Yet more than fifty years later, many U.S. voters must jump over financial hurdles to access the franchise. These hurdles have withstood judicial review because the Court has drifted away from Harper and has instead applied the more deferential Anderson-Burdick analysis to modern poll tax claims—requiring voters to demonstrate how severely the cost burdens them. As a result, direct and indirect financial burdens on the vote have proliferated. Millions of voters …