One idea some have suggested is to make the legislators of a state name electors in at least some instances. It was not possible in 2020, but it could hypothetically be made at some other point. Same with the primary elections.

But the 24th amendment states: Section 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.

If the 24th amendment recognizes a right even if it doesn´t create that right, would not it have to be upheld in some manner?

  • 3
    You seem to be ignoring the phrase, "by reason of failure to pay any poll tax". The Amendment, in brief says "no one can be blocked from voting by a tax". It says nothing about Legislators naming electors.
    – abelenky
    Sep 10, 2023 at 20:58
  • In ordinary formal English, the phrase "any X" is meant to not include an assertion or assumption that X even exists. So if the state appoints electors, then there are no elections, and that is fine. Sep 12, 2023 at 0:06

1 Answer 1


The amendment does not provide a right to vote

It says what it says: that “in any … election”, any citizen can vote even if they haven’t paid their taxes.

It does not require that elections be held (states can, and have in the past, had legislatively appointed electors), or specify the manner in which they are held.

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