---
title: U.S. Const. Amend. XIX. Suffrage not to be Denied on Account of Sex
collection: code
id: us-const:amend-xix
cite_as: U.S. Const. Amend. XIX
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---

# U.S. Const. Amend. XIX. Suffrage not to be Denied on Account of Sex

A constitution provision shown as in force is in force as printed in the volume. A court decision can make a printed provision unenforceable without changing the volume, and the volume does not record that.

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

Voting and elections, Ga. Const. 1983, Art. II, §§ 1 and 2.

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

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

## Law Reviews

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).

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 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 article, “The Independent State Legislature Doctrine, Federal Elections, and State Constitutions,” see 55 Ga. L. Rev. 1 (2020).

For note, “Election Spotlight: Nearly Twenty Years After Hanging Chads, Problems Persist in Florida,” see 71 Mercer L. Rev. 895 (2020).

## 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 U.S. LEXIS 1944 (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, 1981 U.S. App. LEXIS 17330 (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, 1981 U.S. App. LEXIS 17330 (5th Cir. 1981), cert. dismissed, 59 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, 1981 U.S. App. LEXIS 17330 (5th Cir. 1981).

## 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, 1944 Ga. LEXIS 367 (1944).

## Am. Jur. 2d.

16A Am. Jur. 2d, Constitutional Law, § 219. 25 Am. Jur. 2d, Elections, § 151. 32 Am. Jur. 2d, Federal Courts, § 443.

## C.j.s.

29 C.J.S., Elections, § 15.

## 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.