TIME politics

How a Little-Known Supreme Court Case Got Women the Right to Vote

Vote
MPI / Getty Images A poster, published by the League of Women Voters, urging women to use the vote which the 19th amendment gave them, from circa 1920

Happy birthday, Leser v. Garnett

Pop quiz: when did women in the United States get the right to vote?

If you answered June 4, 1919, or Aug. 18, 1920 — the dates on which the 19th Amendment was passed and ratified — then you’re almost right. Yes, the Amendment guaranteed that the right to vote could not be denied on account of sex. But the right wasn’t fully secured until this day, Feb. 27, in 1922. That’s when the Supreme Court decided Leser v. Garnett.

Here’s what the case was about: Two Maryland women registered to vote a few months after the 19th Amendment passed. Oscar Leser, a judge, sued to have their names removed from the voting rolls, on the grounds that the Maryland constitution said only men could vote, and that Maryland had not ratified the new amendment to the federal constitution — and in fact, Leser argued, the new amendment wasn’t even part of the constitution at all. For one thing, he said, something that adds so many people to the electorate would have to be approved by the state; plus, some of the state legislatures that had ratified the amendment didn’t have the right to do so or had done so incorrectly.

The Supreme Court found that both arguments flopped: when suffrage had been granted to all male citizens regardless of race the Amendment had held up, despite the change to the electorate, and the ratification powers Leser questioned had in fact been granted by the Constitution. (And in a few states where things were iffy, it didn’t matter because enough other states had ratified.)

So, while the 19th Amendment granted women the right to vote, Leser made sure that the right could actually be used, even where the state constitution said otherwise. It’s not one of the more famous Supreme Court decisions in American history, but without it the electorate would be, well, lesser.

TIME Nigeria

Nigeria’s Delayed Election Gives President a Convenient Time-Out

Nigeria cited security concerns in postponed ballot — but incumbent Goodluck Jonathan stands to benefit most from it

When Nigeria’s government first floated the idea of postponing upcoming presidential elections last month due to concerns about the country’s readiness, the proposal was widely derided as a cynical political ploy. Incumbent President Goodluck Jonathan, once considered a shoo-in, was facing an unexpectedly strong campaign from former military dictator Muhammadu Buhari. An Afrobarometer poll released on Jan. 27 indicated that the two were neck-and-neck. Delaying the election, pro-Jonathan pundits suggested, would give the president more time to make his case for why he should remain at the wheel. Opponents said it would enable his People’s Democratic Party, facing its first defeat after 15 years in power, to dig deeper into a sizable war chest—and state coffers—to outspend Jonathan’s rival.

Those calculations will now be put to the test. Late Saturday evening, Nigeria’s independent election commission bowed to pressure and announced that presidential elections, originally scheduled for Feb. 14, would be postponed until March 28. Nigeria’s widely-respected election commission head Attahiru Jega cited security concerns as the reason for the delay, saying that he had been informed that the country’s overstretched military forces would not be able guarantee voters’ safety. “The commission cannot lightly wave off the advice of the nation’s security chiefs,” Jega said at the press conference. “Calling people to exercise their democratic rights in a situation where their security cannot be guaranteed is a most onerous responsibility.”

To be sure, Nigeria’s military is facing a serious threat in the advance of Boko Haram, a 6000-strong Islamist insurgency that has taken control of a wide swath of northeastern Nigeria. In recent weeks the militants have driven entire units from strategic posts, laid waste to multiple villages, launched suicide bomb attacks, and advanced into neighboring Chad and Cameroon.

But in January, Nigerian military spokesman Major General Chris Olukolade assured TIME that the country’s army would be well up to the task of defending its citizens come election time. So what changed? According to Jega’s official statement, the combined heads of Nigeria’s security services indicated that the army was about to launch a major military operation against Boko Haram, and would not be available to provide backing to the police and other agencies during the next six weeks.

Still, some in Nigeria balked at the idea that the country’s entire military force, which had until recently deployed only one brigade during the whole course of the six-year insurgency, would be otherwise engaged on the day of elections. “The government knew of the security situation all along, so to postpone the polls under the pretext of suddenly now concentrating military and other security resources against the insurgency is absolutely untenable,” says Nnamdi Obasi, Nigeria Analyst for the International Crisis Group.

The United States, too, made it clear that it wasn’t buying it. Secretary of State John Kerry said that he was “disappointed” by the postponement, suggesting that the commission was forced to make the decision. “Political interference with the Independent National Electoral Commission is unacceptable,” he said in a statement. “It is critical that the government not use security concerns as a pretext for impeding the democratic process.”

It also raises the question of what happens if the operation fails. The government is “asking for six weeks to deal with an insurgency it had failed to deal with in almost six years,” says Obasi. “What will happen to the national elections if the security situation in the northeast does not improve significantly in those six weeks?”

Obasi says the postponement is pure politics. “Jonathan and his ruling PDP were clearly in deep waters, so desperately needed to buy time and try to regain steam. The timing of the postponement, the untenable reasons advanced for it and particularly the underhand methods by which it was executed, all leave no doubt that it was driven by narrow political interests rather than national security considerations.”

While Buhari made it clear that he believed the postponement to be an underhanded attempt to bolster Jonathan’s chances at the polls, he also called for calm. “Any act of violence can only complicate the security challenges in the country and provide further justification to those who would want to exploit every situation to frustrate the democratic process,” he told supporters at a rally Sunday.

Delaying the vote, he implied with a good dose of bravado, would only make his candidacy more appealing to an electorate tired of Jonathan’s mismanagement and political shenanigans. “If anything, this postponement should strengthen our resolve and commitment to rescue our country from the current economic and social collapse from this desperate band.”

If the security situation does improve over the next six weeks, it is likely to have little to do with the efforts of the Nigerian military. Niger’s parliament is set to vote Feb. 9 on sending troops to aid Nigeria in its fight against Boko Haram, and the African Union has pledged an additional 7,500. That influx of troops could help Jonathan’s chances at the polls. The incumbent’s campaign has been dogged by his poor record on security, something that Buhari, a former military dictator with a strong-arm reputation, has used to his advantage. Military successes would reverse Jonathan’s bad record.

But the delay could also backfire spectacularly, allowing Boko Haram more time to launch attacks. The militia has no horse in this race, and has threatened both Jonathan and Buhari. Boko Haram is just betting that as long as the country can’t agree on a leader, it won’t be able to agree on a counter-insurgency policy either.

TIME Innovation

Five Best Ideas of the Day: February 6

The Aspen Institute is an educational and policy studies organization based in Washington, D.C.

1. To salvage democracy in Afghanistan, leaders must make the next election really work.

By Tabish Forugh in Foreign Policy

2. In a U.S. first, New Orleans finds homes for all its homeless veterans.

By Noelle Swan in the Christian Science Monitor

3. As rich nations plan the next decade’s agenda for global development, they must bring human rights and accountability to the fore.

By the United Nations News Centre

4. Science and the media need each other. They just don’t know it yet.

By Louise Lief in the Wilson Quarterly

5. This simple Lego contraption allows scientists to safely handle insects.

By Emily Conover in Science

The Aspen Institute is an educational and policy studies organization based in Washington, D.C.

TIME Ideas hosts the world's leading voices, providing commentary and expertise on the most compelling events in news, society, and culture. We welcome outside contributions. To submit a piece, email ideas@time.com.

TIME States

Indiana Bill Would Allow the Dead to Vote

Voting booths in polling place
Getty Images

The Whooooo-sier state

It’s difficult to vote if you’re dead. (Unless you live in Chicago. Or New York. Or Florida.) But an Indiana lawmaker is hoping to make election season a bit easier for the recently departed at least.

Indiana Rep. Matt Pierce proposed a bill taken up by the House Elections Committee Wednesday that would allow an absentee ballot from someone who dies before Election Day to be counted.

MORE: Jeb Bush Pitches Conservatism for the Middle Class

According to the Indianapolis Star, Pierce said he was motivated to propose the bill after hearing that former U.S. Rep. Frank McCloskey’s vote in 2004 wasn’t counted, because he died from cancer before Election Day.

TIME

Nigerian Elections Threaten Campaign to Make Africa Polio-Free

NIGERIA-HEALTH-POLIO
Aminu Abubakar—AFP/Getty Images A polio vaccinator administers oral drops to a child in the Dawanau district of Kano, northern Nigeria in 2013.

Nigeria is is the last country in Africa which is still polio-endemic but it hasn't had a case in six months

For all that ails Nigeria —Boko Haram jihadists rampaging across the country’s northeast, record unemployment and the plummeting price of crude for an oil-dependent government — one thing has been going very right. Nigeria has not seen a case of polio since July 24, 2014. If it can stay that way another six months it will be removed from the World Health Organization’s (WHO) polio-endemic list, leaving just Pakistan and Afghanistan behind. But the general election, on February 14, has global public health officials worried that Nigeria might yet backslide: every election since 2003 has been followed by a surge in polio cases.

A quarter of a century after it was eradicated in the United States, polio is poised to become the second disease since smallpox to be wiped out in the wild. That progress has been achieved through a concerted effort by UNICEF, WHO and Rotary International to establish strict vaccination protocols for governments in affected countries. All it takes is two drops of the vaccine, administered three different times, to render a child immune. In order to achieve that, governments usually hold vaccination drives in affected areas every six weeks. In 1988 there were 350,000 cases of polio in 125 countries; in 2014 that number went down to 339 cases. Which is why this year is such a nail biter for Africa. When Nigeria is declared polio-free, after three years without a case, the rest of the continent can start to breathe a little easier.

Up until now, the greatest concern for public health officials has been Nigeria’s insurgency, which has prevented vaccinators from reaching children in violence prone areas. The upcoming poll has added another layer of worry, says Carol Pandak, Rotary International’s PolioPlus program director. “Elections always pose a threat of hindering polio eradication efforts,” she says via email. “Not only in that government officials are distracted leading up the elections, but possible violence and instability following the elections can have a significantly negative impact on polio eradication efforts.” The post-election surge in cases was most apparent following Nigeria’s 2011 Presidential elections, says Dr. Tunji Funsho, head of Rotary International’s Nigeria program. Election results were met with three days of rioting that killed 800 in the worst outbreak of violence since the 1967-70 civil war. The protests “compromised the security situation and prevented vaccinators from reaching a large cohort of children.”

Elections in India, which was declared polio-free last year, were largely spared the post-polling polio surge because of the country’s relative stability, notes Pandak. Recent Pakistani and Afghan elections saw similar case surges, and Nigeria is not likely to be any different this time around, especially since the two contenders, incumbent Goodluck Jonathan, and former general Muhammadu Buhari, are neck and neck according to a recent poll. These elections “have the potential to be much more disruptive given the political divisions in the country,” says Pandak.

There is also the uncertainty of how the newly elected government will or will not prioritize polio eradication. Funsho notes that in the past, Nigeria’s newly elected officials at the state and government levels were reluctant to fund immunization. As a result, coverage and quality of vaccination services declined. “It takes a strong effort to educate the new political leaders on the value of supporting polio eradication and making it a national priority,” says Pandak.

A surge of cases now would be a serious setback. Nigeria had only six cases last year, down from 53 in 2013. The rapid decline is a serious achievement, considering that in 2003 vaccinations all but stopped in the north of the country when religious leaders declared that the vaccines were part of a plot to sterilize Muslim girls. By the end of the year, 447 children in Africa had been paralyzed by the Nigerian strain of the virus. Within two years it had spread to across 16 countries, reaching as far away as Indonesia.

This year, Funsho is determined to keep Nigeria’s number at zero this year, setting up what he calls a “war room” for polio eradication. He knows that all it takes for those efforts to be undone is an interruption of regular vaccinations and a decline in vigilance. If he succeeds, the world will be one country closer to totally eradicating the disease.

TIME Nigeria

Delaying Nigeria’s Elections May Benefit Boko Haram More Than Democracy

A shoe-mender works near a poster campaigning for Jimi Agbaje, along a road in the Ikeja district in Lagos
Akintunde Akinleye—Reuters A shoe-mender works near a poster campaigning for frontline contender and Lagos governorship candidate for the People's Democratic Party (PDP) Jimi Agbaje, along a road in the Ikeja district in Lagos, Nigeria on Feb. 3, 2015.

Nigeria's election body raised concerns that the country may not be ready for elections planned for Feb. 14

Over the past five years, an insurgency led by the Islamist Boko Haram group has driven 1.6 million Nigerians from their homes in the country’s northeast. So it comes as a bit of a surprise that Nigeria’s Independent National Electoral Commission (INEC) is only now starting to voice concern about how those citizens will vote in upcoming presidential elections, slated for Feb. 14. Incumbent Goodluck Jonathan is facing a strong challenge from former general Muhammadu Buhari.

On Feb. 4, just 10 days before the start of polling, INEC commissioner Amina Zachary told Reuters that the elections may have to be delayed over fears that not enough registered voters would actually be able to cast ballots. At issue is the requirement that citizens vote where they are registered — difficult enough when Boko Haram threatens to launch squads of suicide bombers across the region in the run-up to the election; impossible when your hometown is under militant occupation, as 20 out of 27 local governorships are in the three northeastern states of Borno, Adamawa and Yobe.

The commission is also worried about the slow rollout of its anti-fraud system. Each voter must have a Permanent Voter Card (PVC) in order to cast a ballot. The cards are digitally embedded with the voter’s fingerprint and can be read by a small battery-powered scanner. If the voter’s fingerprint doesn’t match the information on the card, he or she won’t be issued a ballot. This is designed to prevent accusations of ballot-box stuffing that have marred past elections.

But the problem is that not all voters have their cards yet. Only 44 million out of 68.8 million registered voters have received their cards, according to INEC, many of them in areas plagued by insurgency. In theory, would-be voters can pick up their cards at government offices, but not if fighting shuts those offices down. INEC has extended the deadline for picking up voter cards to Feb. 8, but if the number of cards distributed by then is too low, the commission may decide to postpone the vote. “Let’s see how the PVC distribution goes,” Zachary told Reuters. “Then maybe.”

It’s not just INEC that is concerned. In January, President Jonathan’s national security adviser Sambo Dasuki also suggested that the vote be delayed, for the same reason. And on Feb. 3, about 100 protesters stormed INEC headquarters, brandishing placards demanding a delay. “INEC, do the right thing,” they chanted. “We demand for the extension of election to allow Nigerian exercise their franchise.”

Never one to pass up a good conspiracy story, Nigeria’s Premium Times newspaper posited that the protesters, and Dasuki, may have been put up by Jonathan supporters who feel that their candidate might benefit from a longer campaign season. An Afrobarometer opinion poll released on Jan. 27 indicates that the election is too close to call, a sharp change in fortunes for Jonathan, who was considered a clear front runner as recently as early January, when campaigning started in earnest.

But if Boko Haram continues with its campaign of deadly bombings — a female suicide blew herself up in the northeastern state of Gombe on Feb. 2 — a delay in elections might actually harm Jonathan’s chances. Jonathan’s record on fighting Boko Haram is weak, and Buhari has made security the cornerstone of his campaign. In the end, delaying the elections could end up benefitting Boko Haram the most. More debate on who should be the next President means less attention on what should be done about militancy.

— Additional reporting by Naina Bajekal

TIME elections

These Are the Elections to Watch Around the World in 2015

From Greece to Argentina, elections could transform the international political landscape

This past year was marked by monumental elections that ushered in new political regimes in countries like the India, and Tunisia, and solidified or extended others in places like Egypt, Brazil and Japan.

The year 2015 is shaping up to be a respite from the chaos of democracy, with the electorate of some of the world’s largest countries sitting on the sidelines. But a spate of political developments has infused global importance into elections around the world and prompted two previously unexpected votes in Greece and Israel that will have major repercussions for their respective regions.

Here’s a look at what to expect:

United States

Three of the five largest cities are electing their mayors this year. In Chicago, former Obama adviser Rahm Emanuel is running for reelection in February and holds a strong lead in polls. In Houston, the biennial vote in November will select a successor to Democratic Mayor Annise Parker, who has reached her term limit. It will be a similar situation in Philadelphia, where Democratic Mayor Michael Nutter can’t run for a third term.

Meanwhile, Kentucky, Louisiana and Mississippi are electing governors in November, including replacements for Kentucky’s Democratic Gov. Steve Beshear and Louisiana’s Republican Gov. Bobby Jindal, both of whom have reached their term limits.

Greece

The Greek Parliament’s refusal to elect Prime Minister Antonis Samaras’s choice for president earlier this week triggered snap general elections set for January 25. Opinion polls have placed the radical leftist opposition party Syriza in the lead, raising the prospect of an anti-bailout government that could move to default on its massive debt and prompt a new eurozone crisis.

Nigeria

A stumbling economy and a persistent Islamist insurgency in the north have drained some public support for President Goodluck Jonathan, in office since 2010, and the vote on Feb. 14 is expected to be close. Jonathan will go up against Muhammadu Buhari, a former military ruler campaigning on a platform of security and anti-corruption. But the biggest determinant of who becomes the leader of Africa’s biggest economy may fall along ethnic and regional lines: Buhari is a Muslim northerner, while Jonathan is a Christian from the south.

Israel

Prime Minister Benjamin Netanyahu disbanded his already tenuous centrist coalition in early December and called for early general elections set for March 17, expecting to win a new mandate for himself and a more right-leaning government. But polls show that a new left-leaning coalition could beat Netanyahu’s Likud party, though the incumbent could stay in power if he successfully forms a coalition with rightist parties.

Sudan

The April 13 election is all but likely to ensure that President Omar Hassan al-Bashir, wanted on genocide charges by the International Criminal Court, will extend his 25-year rule, even as violence continues between Khartoum and rebel groups in Darfur and elsewhere.

Britain

The United Kingdom is heading for what may be the closest election in a generation—and the first since a divisive vote in Scotland to remain part of the 307-year-old Union—as the Labour party seeks to unseat Prime Minister David Cameron and his Conservative party in elections slated for early May. The rest of the European Union will be closely watching this vote, as Cameron has promised a referendum on EU membership in 2017, while Ed Milibrand, head of Labour, has rejected the idea.

Argentina

President Cristina Fernandez de Kirchner has drawn some public support for her obstinate stance against U.S. investors and U.S. courts who are demanding Argentina repay $1.3 billion in debt plus interest. But the skirmish has scared off investors and helped put longterm economic growth largely on hold until the dispute is resolved or, as is likely, a more market friendly president takes office following elections in October. As for Fernandez, her tenure is up after reaching her two-term limit.

Canada

Prime Minister Stephen Harper’s Conservative Party has seen an uptick in support in recent days, putting it ahead of the Liberal party. But his party’s support took a hit this year and he’s far from guaranteed a win in elections in 2015, currently slated for Oct. 19. His biggest rival will likely be Justin Trudeau, head of the Liberal Party and son of long-serving Premier Pierre Trudeau.

Burkina Faso

In the wake of longtime President Blaise Compaoré’s ouster amid mass protests, the interim leadership agreed to hold new elections in November. If that plan holds, the Burkinabé people will select a government not headed by Compaoré for the first time since he seized power in 1983.

Spain

The nascent anti-establishment party Podemos has skyrocketed in popularity and is now competitive with the two stalwarts in a country still burdened by an economic crisis (unemployment stands at around 24 percent). Prime Minister Mariano Rajoy of the right-leaning Popular Party, is already under pressure from an empowered Catalan independence movement, and the populist movement does not augur well for him in next years elections, which must take place on or before Dec. 20. But he’s hoping that economic reforms and early indications of a recovery will boost his standing.

Myanmar

The vote in late 2015 could mark a significant step in Myanmar’s heralded-but-stumbling process of political reform, but that’s not certain. Though the elections will be the first since a semi-civilian government assumed power after half-a-century of military rule, the military is still highly influential and key constitutional reforms called for by the opposition are unlikely to pass ahead of the vote. Among them is a measure to repeal a law that prevents opposition leader and Nobel Laureate Aung San Suu Kyi from running. For now, Shwe Mann, the speaker of parliament and a retired general, is the front-runner.

TIME 2016 Election

Meet the People Who Might Try to Replace Barbara Boxer

The list is long, but so far entirely speculative

If Democratic Sen. Barbara Boxer steps down at the end of this term—as many are speculating she will—it would be the first major shakeup in California congressional politics in years. With that in mind, Golden State political hopefuls are already jockeying for position to succeed her. To be sure, many of the names being floated will never rise much further than this list, but here are some of the people who may try to succeed her.

TIME Innovation

Five Best Ideas of the Day: December 1

The Aspen Institute is an educational and policy studies organization based in Washington, D.C.

1. Though manufacturing jobs — particularly in the auto industry — are making a comeback, the wages are low and not even keeping up with inflation.

By Catherine Ruckelshaus and Sarah Leberstein at the National Employment Law Project

2. Simple, human-centered adaptive technology can change lives for people with disabilities.

By Krithika Krishnamurthy in Economic Times

3. As the military finally integrates men and women, gender-segregated recruit training in the Marines must end.

By Lieutenant Colonel Kevin G. Collins in Marine Corps Gazette

4. A neutral review board — not the police department itself — should review officer-involved shootings.

By Michael Bell in Politico

5. After two peaceful elections, Tunisia demonstrates that fixing politics is easier than remaking a nation, and the problems that sparked the Arab Spring persist.

By Sam Kimball and Nicholas Linn in Quartz

The Aspen Institute is an educational and policy studies organization based in Washington, D.C.

TIME Ideas hosts the world's leading voices, providing commentary and expertise on the most compelling events in news, society, and culture. We welcome outside contributions. To submit a piece, email ideas@time.com.

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