In the United States, payment of a poll tax was a prerequisite to the
registration for voting in a number of states. The tax emerged in some states
of the United States in the late 19th century as part of the Jim Crow laws.
After the right to vote was extended to all races by the enactment of the
Fifteenth Amendment to the United States Constitution, a number of states enacted
poll tax laws as a device for restricting voting rights. The laws
often included a grandfather clause, which allowed any adult male whose
father or grandfather had voted in a specific year prior to the abolition of
slavery to vote without paying the tax. These laws, along with unfairly
implemented literacy tests and extra-legal intimidation, achieved the
desired effect of disenfranchising African-American and Native American
voters, as well as poor whites. Proof of payment of a poll tax was a
prerequisite to voter registration in Florida, Alabama, Tennessee, Arkansas,
Louisiana, Mississippi, Georgia, North and South Carolina, Virginia, and Texas.
The Texas poll tax "required otherwise eligible voters to pay between $1.50 and
$1.75 to register to vote – a lot of money at the time, and a big barrier to
the working classes and poor." Georgia created a cumulative poll tax
requirement in 1877: men of any race 21 to 60 years of age had to pay a sum of
money for every year from the time they had turned 21, or from the time that the
law took effect. The poll tax requirements applied to
whites as well as blacks, and also adversely affected poor citizens. The
laws that allowed the poll tax did not specify a certain group of people. This
meant that white women could also be discriminated against when they went to
vote. One example is in Alabama where white women were discriminated against
and then organized to secure their right to vote. One group of women that did
this was Women's Joint Legislative Council of Alabama. Discrimination on
voting extended further than white women as well. African Americans and African
American women faced discrimination as well. African American women also
organized in groups against being denied voting rights. One African American
woman sued the county with the help of the NAACP. She sued for her right to
vote as she was stopped from even registering to vote. As a result of her
suing the county the mailman did not deliver her mail for quite some time.
Many states required payment of the tax at a time separate from the election,
and then required voters to bring receipts with them to the polls. If they
could not locate such receipts, they could not vote. In addition, many states
surrounded registration and voting with complex record-keeping requirements.
These were particularly difficult for sharecropper and tenant farmers to
comply with, as they moved frequently. The poll tax was sometimes used alone or
together with a literacy qualification. In a kind of grandfather clause, North
Carolina in 1900 exempted from the poll tax those men entitled to vote as of
January 1, 1867. This excluded all blacks, who did not then have suffrage.
Although largely associated with states of the former Confederacy, poll taxes
were also in place in some northern and western states. For instance, California
had a poll tax until 1914 when it was abolished through a popular referendum.
Judicial challenge In 1937, in Breedlove v. Suttles, 302
U.S. 277, the United States Supreme Court found that a prerequisite that
poll taxes be paid for registration to vote was constitutional. The case
involved the Georgia poll tax of $1. Georgia abolished its poll tax in 1945.
The 24th Amendment, ratified in 1964, abolished the use of the poll tax as a
pre-condition for voting in federal elections, but made no mention of poll
taxes in state elections. In the 1966 case of Harper v. Virginia
Board of Elections, the Supreme Court overruled its decision in Breedlove v.
Suttles, and extended the prohibition of poll taxes to state elections. It
declared that the imposition of a poll tax in state elections violated the
Equal Protection Clause of the 14th Amendment to the United States
Constitution. The Harper ruling was one of several
that relied on the Equal Protection clause of the 14th Amendment rather than
the more direct provision of the 15th Amendment. In a two-month period in the
spring of 1966, Federal courts declared unconstitutional poll tax laws in the
last four states that still had them, starting with Texas on 9 February.
Decisions followed for Alabama and Virginia. Mississippi's $2.00 poll tax
was the last to fall, declared unconstitutional on 8 April 1966, by a
federal panel. Virginia attempted to partially abolish its poll tax by
requiring a residence certification, but the Supreme Court rejected the
arrangement in 1965 in Harman v. Forssenius.
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