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Scarinci: What’s the right voting age?

By Donald Scarinci, May 13 2024 9:31 am

OPINION

New Jersey teens will be able to vote in primary elections under a new law allowing seventeen-year-olds to vote in primaries if they turn 18 by the next general election under new legislation. Jersey City also recently approved an ordinance lowering the age to 16 for voting in board of education races.

While many municipalities across the country have lowered the voting age for local elections, Jersey City is the largest city in the U.S. to do so. The rest of New Jersey could soon follow. Gov. Phil Murphy expressed support for the change in his recent State of the State address and asked the Legislature to send him a voting rights bill that would allow 16- and 17-year-olds to vote in local school board elections. 

“I know, to some, this may sound unconventional. But voting is a lifelong habit. And studies show that, if a person votes in one election, they are more likely to turn out in the next election,” Murphy said. “So, encouraging our young neighbors to engage with democracy is really about encouraging them to become lifelong voters.”

Not everyone, however, is on board with lowering voting ages. Republican presidential candidate Vivek Ramaswamy has even proposed increasing the overall U.S. voting age to 25. Under his proposal, young adults under 25 would only be able to cast ballots if they serve for at least six months in the military or as a first responder, or pass the citizenship test given to those seeking to become naturalized citizens.

The debate over voting age requirements is not new. Proponents of lowing the age argue that young people should have a say on issues that impact them and become involved in the political process at an earlier age. Meanwhile, critics maintain that teens are not mature, or well-informed enough, to make such important decisions. 

History of the U.S. Voting Age

As voting age overhauls become a hot topic, it is important to understand how we got here. Under the U.S. Constitution, the maximum legal voting age for all elections is 18. Accordingly, states are prohibited from adopting higher minimum voting ages. 

When drafting the Constitution, the framers largely left it to the states to determine who could vote in state and national elections. States largely settled on a voting age of 21. During World War II, Congress lowered the minimum draft age to 18, prompting the slogan “old enough to fight, old enough to vote.” The debate intensified during the Vietnam War, as many young Americans were again losing their lives in a war yet unable to vote. 

Congress took action in 1970, amending the Voting Right Act to lower the national voting age to 18. However, the change was on shaky legal footing, as confirmed by the U.S. Supreme Court’s decision in Oregon v. Mitchell. The Court held that the Constitution only authorized Congress to regulate voting ages for federal elections, not state and local elections. As a result, a constitutional amendment was required to make comprehensive changes to the U.S. voting age.

In 1971, the ratification of the 26th Amendment extended the right to vote to millions of Americans by lowering the minimum voting age from 21 to 18. It states: “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.”

Is a Voting Age Overhaul on the Horizon?

Lowering the voting age could significantly impact elections. In the 2020 election, New Jersey had the highest youth voter turnout in the country. So, it’s not surprising the issue elicits strong opinions on both sides. Amending the voting age at the national level is no easy task as it would require another Constitutional amendment, but Jersey City could lead another national trend when it comes to local elections. 

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