The foundation of legitimate political authority has been explored by political philosophers like Hobbes and Locke. When the thirteen American colonies revolted, they sought a foundation for political authority. While there are many views, the founders of the United States adopted a philosophy shaped by John Locke: legitimate political authority requires the consent of the governed and the majority should rule. Being aware of what Mill later called the tyranny of the majority, the founders put in place constitutional protections against oppressive incursions by the majority (and the state).

While these ideas appeal to me psychologically because of my upbringing, they also stand up well to philosophical scrutiny. As such, I accept that political legitimacy stems from the consent of the governed and that majority rule with proper protection against the tyranny of the majority is a good idea. For the sake of this essay, I will assume that these two basic principles are correct while acknowledging that they could be refuted.

Since the legitimacy of the government depends on the consent of the governed, it is essential that the governed can provide or withhold consent. As a practical matter, voting is fundamental to this consent. A citizen can also provide consent by not voting, if they are free to vote and decide against doing so. If a citizen is unjustly denied their right to vote, then their consent is not obtained. This weakens a government’s legitimacy  since the it would be extending its authority beyond the provided consent. To avoid a charge of absurdity, I must make it clear that I am not claiming that disenfranchising a single citizen destroys the legitimacy of the state. Rather, each unjustly disenfranchised citizen reduces the legitimacy of the state to that degree. I cannot specify the specific number of disenfranchised voters that would destroy the legitimacy of a state, but to require this would be to fall victim to the line drawing fallacy. But if most citizens were unjustly disenfranchised, that would be an indisputable case in which the state lost legitimacy. At levels less than this, the legitimacy of the state would be reduced proportionally to the degree of unjust disenfranchisement. Simply put, the more unjustly disenfranchised citizens, the less legitimate the state. Individual citizens who are unjustly disenfranchised can make a reasonable case that they owe little or no obedience to the state that has disenfranchised them. One can appeal to the principle of no taxation without representation.

While we praise the right to vote, the United States has a long and persistent history of unjust disenfranchisement. While the past is of interest, what is of practical concern is the present unjust disenfranchisement of citizens.

One means of unjust disenfranchisement it to use the specter of voter fraud to “justify” measures denying citizens their right to vote. While voter fraud does exist, all the evidence shows that it is incredibly rare.  To use an analogy, the obsession with voter fraud seems like a confused person who thinks Americans face a dangerous epidemic of excessive exercise and that a lack of health insurance is not a serious problem. This confused person would work hard to impose restrictions and limits on exercise while expressing no concern about insurance.  While athletic overtraining does occur, it is not a general problem and the focus should be on the lack of health insurance. Likewise for voter fraud and voter suppression: voter fraud does occur, but the real problem is voter suppression.

There is also the fact that the methods used are often ineffective against the sort of fraud that does occur. These methods are more effective at disenfranchising voters, especially narrowly targeted voters. One example is the Republican’s voter ID law in North Dakota that requires voters to have an ID that shows a street address. Many native American voters live in rural areas and have PO boxes rather than street addresses and they are now trying to get new IDs that meet the requirement of the law. In terms of why the law exists, it is not because there was an epidemic of fraudulent voting by people using government IDs that lack street addresses. Rather, it is because Democratic Senator Heidi Heitkamp won her election by less than 3,000 votes in 2012. 80% of majority-Native counties voted for her, so suppressing their votes could have resulted in a Republican victory. This law will also impact other citizens.

Another example of voter suppression is disenfranchising felons. While felon disenfranchisement impacts Republican and Democratic voters (Trump is a convicted felon), it is seen as impacting Democrats more, which explains why Republicans tend to favor it.

There are other ways in which citizens are unjustly disenfranchised, most of which are the result of strategies of the Republican party. It might be countered that I and the Democrats are only concerned about voter suppression because the voters being targeted are more likely to vote for Democrats. One might go beyond this and claim that I and the Democrats would be fine with the suppression of Republican voters. One might point to how Democrats engage in gerrymandering and other political trickery, perhaps even their own version of voter suppression.

My reply is that I cannot speak for other Democrats; but I can speak for myself. My view is that voter suppression is wrong regardless of who is being unjustly suppressed. As such, if the Democrats engage in voter suppression, I condemn that as strongly as I condemn voter suppression by Republicans. Or anyone, for that matter. While I would generally prefer that a Democrat win (if only from the pure self-interested fact that Democrats tend to be much friendlier to education and more pro-environment than Republicans), I would rather lose an election fairly than win through voter suppression. This is because, as noted above, voter suppression reduces the legitimacy of the state by robbing citizens unjustly of their opportunity to consent. In a nation that professes to be a democracy (yes, I know that it has a republican system at most levels) to rob citizens unjustly of their right to vote is a crime of the highest order. This is because it denies the foundational right of the citizens of a democracy and damages democracy itself. As such, voter suppression is treason, plain and simple.