Harper v. Virginia State Board of Elections
|Harper v. Virginia Board of Elections|
|Argued January 25–26, 1966
Decided March 24, 1966
|Full case name||Annie E. Harper, et al. v. Virginia Board of Elections, et al.|
|Citations||383 U.S. 663 (more)
86 S. Ct. 1079; 16 L. Ed. 2d 169; 1966 U.S. LEXIS 2905
|Prior history||Appeal from the United States District Court for the Eastern District of Virginia|
|A State's conditioning of the right to vote on the payment of a fee or tax violates the Equal Protection Clause of the Fourteenth Amendment.|
|Majority||Douglas, joined by Warren, Clark, Brennan, White, Fortas|
|Dissent||Harlan and Stewart|
|U.S. Const. amend. XIV|
This case overturned a previous ruling
|Breedlove v. Suttles|
|Wikisource has original text related to this article:|
Harper v. Virginia Board of Elections, 383 U.S. 663 (1966), was a case in which the U.S. Supreme Court found that Virginia's poll tax was unconstitutional under the equal protection clause of the 14th Amendment. The Twenty-fourth Amendment to the United States Constitution (1964) prohibited poll taxes in federal elections; five states continued to require poll taxes for voters in state elections. By this ruling, the Supreme Court banned the use of poll taxes in state elections.
The case was filed by Virginia resident Annie E. Harper, who was unable to register without having to pay a poll tax. She brought the suit against the Virginia State Board of Elections on behalf of other poor residents and herself. After being dismissed by a U.S. district court, the case went to the United States Supreme Court.
In a 6 to 3 vote, the Court ruled in favor of Ms. Harper. The Court noted that “a state violates the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution whenever it makes the affluence of the voter or payment of any fee an electoral standard. Voter qualifications have no relation to wealth.”
This ruling reversed a prior decision by the Court, Breedlove v. Suttles, 302 U.S. 277 (1937), which upheld the state's ability to impose poll taxes as within its powers. There had been no relevant change in the text of the Constitution between 1937 and 1966. The 24th Amendment, adopted in 1964, outlawed the poll tax in federal elections, but did not speak to the question of state elections, which was the question involved in the Harper case. The Court membership had changed and the justices examined the issue from a different point of view.
Joined by Justice Potter Stewart, Justice John Marshall Harlan II dissented, arguing that the Court had allowed some forms of discriminatory voting qualifications without violating the equal protection clause, e.g., Lassiter v. Northampton County Board of Elections (literacy test), Breedlove v. Suttles (poll tax on men), as long as it was rational. In this case, Virginia's poll tax could be deemed rational because of state’s desire to collect revenue and the belief that people who pay to vote might have more interest in the state’s policies.
Justice Hugo Black filed a separate dissent. Black based his dissent mainly on stare decisis basis. As a textualist, he also criticized the majority for expanding the meaning of the Fourteenth Amendment by using what he called the old "natural law due process formula." He emphasized that new meanings can be added to the Constitution only through amendments.
- The Voting Rights Act of 1965, USDOJ.gov
- John C. Bonifaz, "Not the Rich, More Than the Poor: Poverty, Race, and Campaign Finance Reform"