by Jerry Curtis

Created on: December 16, 2010

A case against compulsory voting can be founded on the fact that voting is a right, but not strictly an obligation. True, most rights have inherent obligations. For example, the right to free speech carries with it the obligation to exercise it responsibly. Likewise, the right to vote has a similar obligation. However, when made compulsory, voting becomes less than a right, especially when there is some penalty attached to failure to vote.

Sadly, a large percentage of the American electorate does not vote. According to one Times article, only 42 percent of the voters showed up during the last midterm election. In countries like Australia, where voting is mandatory, the voting percentile is way up into the 90s. The question is, then, what good results would occur if Americans were obligated to vote?

First of all, we have some religious minorities – Jehovah’s Witnesses, to name one – who do not vote. In countries where voting is mandatory, religious exemptions are granted. On the other hand, any citizen is free to show up at the polls and spoil the ballot.  So institution mandatory voting in the U.S. would raise an immediate headache regarding religious exemptions.

Next, in the U.S. we have a proportion of the electorate who are totally disinterested in politics, know nothing about the candidates, and don’t want to deal with the complicated ballots with bond issues, propositions, etc. Making voting mandatory would result in a small portion of voters who might randomly mark ballots just to clog up the system.

Another argument against mandatory voting is that, regardless of voter turnout, elections where voters are involved and interested truly reflect the will of the voters. On the other hand, when a percentage of the voters do not vote, it is just as likely that they are either satisfied with the status quo or that no one candidate appeals to a them.

Arguments in favor of compulsory voting tend to come down to the fact that voting is a “civic duty,” much like paying taxes or reporting for jury duty. However, an equally strong argument can be made that voting is really a “civil right.” America has always had a tradition of supporting civil rights, but never has the exercise of a civil right been viewed as a mandatory proposition. In fact, when it comes to exercising civil rights (against self-incrimination, right to a speedy trial, etc.), the tendency has been more towards waiving those rights when it is expedient to do so.

So in America compulsory voting would probably cause additional problems in administering the vote, as well as problems in enforcement. (What about absentee voting?) Enforcing penalties (fines, public service, etc.) would further encumber our already clogged justice system. It would also adulterate our political process with worthless ballots from those voters who are uninterested and ill-informed. In short, voting is a right, but not an obligation.

Learn more about this author, Jerry Curtis.
Click here to send this author comments or questions.