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Constitutional Law Keyed to Choper
Harper v. Virginia Board of Elections
Citation:
383 U.S. 663 (1966)Facts
Virginia’s Constitution required payment of an annual poll tax not exceeding $1.50 for all residents over 21 years of age, with certain exceptions. One dollar of this tax was designated for public schools, with the remainder returned to counties for general purposes. The state constitution made payment of poll taxes a precondition for voting, requiring personal payment of all state poll taxes for the three years preceding registration. Additionally, the poll tax had to be paid at least six months prior to the election in which the voter sought to participate. The tax was often assessed along with personal property tax, and those who did not pay personal property tax were not automatically assessed for a poll tax but had to request assessment. Enforcement took the form of disenfranchisement for non-payment. Annie Harper and other Virginia residents challenged this requirement as unconstitutional, arguing that it violated the Equal Protection Clause by making wealth a condition for exercising the fundamental right to vote.
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