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Quasi-Legal Institute

The Twenty-sixth Amendment

Voting at 18

Set the voting age at 18 for every election in the United States.

Ratified 1971 · 3 minute read

Published by Quasi-Legal Institute · Report an error

U.S. Const. amend. XXVI, §§ 1–2Select a highlighted phrase
Section 1. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age. Section 2. The Congress shall have power to enforce this article by appropriate legislation.

In plain language

Age 18

No government can stop a citizen who is 18 or older from voting because of their age. The amendment sets a minimum for the voting age but does not prevent a state from letting younger people vote.

“Old enough to fight”

For most of American history the voting age was 21. During the Vietnam War, young people could be drafted into the military at 18 but could not vote for the officials who sent them. “Old enough to fight, old enough to vote” became the slogan of the campaign to change the rule.

In 1970, Congress passed a law lowering the voting age to 18 in all elections. In Oregon v. Mitchell (1970), the Court held that Congress could do this for federal elections but not for state and local ones. States would have needed two sets of ballots, so Congress proposed a constitutional amendment in March 1971.

The fastest ratification

States approved the amendment in about three months, and it was ratified in July 1971. That is the fastest of any amendment so far.

What it means for students

The amendment sets 18 as the minimum, but states and cities can do more. Many states let 16- and 17-year-olds pre-register to vote so they are on the rolls at 18. Some let 17-year-olds vote in a primary if they will turn 18 by the general election. A few cities, such as Takoma Park, Maryland, allow 16-year-olds to vote in local elections.

Rules vary, so check with your state or county election office to see what applies to you.