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U.S. Const. amend. XIX | U.S. Constitution (Georgia Annotations)

CONSTITUTION OF THE UNITED STATES OF AMERICA

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ARTICLE VII. [Ratification and Establishment]

[Amendment XIX] [Woman Suffrage]

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Congress shall have power to enforce this article by appropriate legislation.

Cross references.

- Rights of female citizens generally, § 1-2-7.

Registration of voters generally, § 21-2-210 et seq.

Law reviews.

- For article, "The Fracture of Good Order: An Argument for Allowing Lawyers to Counsel the Civilly Disobedient," see 17 Ga. L. Rev. 109 (1982). For article, "Women and Law: A Comparative Analysis of the United States and Indian Supreme Courts' Equality Jurisprudence," see 34 Ga. J. Int'l & Comp. L. 557 (2006). For note, "ERA: The Effect of Extending the Time for Ratification on Attempts to Rescind Prior Ratifications," see 28 Emory L.J. 71 (1979). For comment on Davis v. Firment, 269 F. Supp. 524 (E.D. La. 1967) as to constitutionality of public schools regulation of student appearance, see 19 Mercer L. Rev. 252 (1968). For comment on the right to vote as affected by state residency requirements, in light of Blumstein v. Ellington, 337 F. Supp. 323 (M.D. Tenn. 1970), aff'd sub nom Dunn v. Blumstein, 405 U.S. 330, 92 S. Ct. 995, 31 L. Ed. 2d 274 (1972), see 5 Ga. L. Rev. 389 (1971).

JUDICIAL DECISIONS

Applicability to state elections.

- The concept of political equality in the voting booth extends to all phases of state elections. Gray v. Sanders, 372 U.S. 368, 83 S. Ct. 801, 9 L. Ed. 2d 821 (1963).

Constitution of the United States protects right of all qualified citizens to vote in state as well as in federal elections. Duncan v. Poythress, 657 F.2d 691 (5th Cir. 1981), cert. dismissed, 459 U.S. 1012, 103 S. Ct. 368, 74 L. Ed. 2d 504 (1982).

Any alleged infringement of voting rights must be carefully and meticulously scrutinized.

- Since right to exercise the franchise in a free and unimpaired manner is preservative of other basic civil rights, any alleged infringement of right of citizens to vote must be carefully and meticulously scrutinized. Duncan v. Poythress, 657 F.2d 691 (5th Cir. 1981), cert. dismissed, 459 U.S. 1012, 103 S. Ct. 368, 74 L. Ed. 2d 504 (1982).

Right to vote includes right to have vote counted.

- Qualified citizens not only have a constitutionally protected right to vote, but also the right to have their votes counted, a right which can neither be denied outright, nor destroyed by alteration of ballots, nor diluted by ballot box stuffing. Duncan v. Poythress, 657 F.2d 691 (5th Cir. 1981), cert. dismissed, 459 U.S. 1012, 103 S. Ct. 368, 74 L. Ed. 2d 504 (1982).

Women jurors.

- U.S. Const., amend. 19 does not contemplate that the state shall be required to place the names of females in the jury box. Cady v. State, 198 Ga. 99, 31 S.E.2d 38, appeal dismissed and cert. denied, 323 U.S. 676, 65 S. Ct. 190, 86 L. Ed. 549 (1944).

Cited in Wilson v. Harris, 170 Ga. 800, 154 S.E. 388 (1930); South v. Peters, 89 F. Supp. 672 (N.D. Ga. 1950); Gray v. Sanders, 372 U.S. 368, 83 S. Ct. 801, 9 L. Ed. 2d 821 (1963).

RESEARCH REFERENCES

ALR.

- Validity of testamentary trust to promote women's rights, 28 A.L.R. 720.

Women's suffrage amendment to federal and state Constitution as affecting pre-existing constitutional or statutory provision which limited rights or duties to legal or male voters, 46 A.L.R. 1509.