What Is a Protest Vote?

What Is the Definition of a Protest Vote?

Representative democracies are ironic—parties and politicians appeal to many voters but alienate many other voters. Voters may have to choose between political candidates they may not want to elect.

To express their discontent, some Americans vote for candidates or parties that are unlikely to win. Or they may vote for nobody at all. This is a protest vote. These voters hope their protest vote will send a political message.

Some types of protest votes include:

• Third-party votes
• Blank, null, spoiled votes
• Organized protest votes
• Officially sanctioned protest votes

These votes let politicians know that some registered voters aren't happy with their options.

Third-Party or Insurgent Party Votes

In many U.S. elections, voters must choose from two primary candidates. But candidates representing third parties are also on the ballot. Some people refer to these candidates as insurgents. They remain on the ballot even though they can't win the election.

Citizens may vote for a third-party candidate as a form of protest against the political establishment and their candidates. Since each citizen only gets one vote, a vote for a third-party candidate is one vote a more popular candidate won't receive.

Tactical Protest Votes

Sometimes, voters care more about keeping a particular candidate out of office than electing someone to office. This is why some voters use their vote tactically to prevent an undesirable candidate from gaining office.

Tactical protest voting usually involves someone casting their ballot for the candidate most likely to beat the undesirable candidate. They may do this even if it means not voting for the candidate they want to win.

Blank, Null, and Spoiled Votes

If a voter casts their ballot without marking it, they cast a blank ballot. If you fill out your ballot incorrectly, election officials can't count it. Your vote becomes null. Null ballots can be a protest. But it's hard to tell the difference between regular null and null protest ballots since they look identical.

Voters may choose to deface or mark up their ballots. This results in a spoiled ballot. Spoiled votes show a person's active absence from voting for popular candidates.

In addition to blank, null, and spoiled ballots, some include a "none of the above" option. In Colombia, for example, voters can submit a blank vote (voto en blanco). If the blank vote gains a majority in the first round of Colombian elections, the election must start again with new candidates. Candidates from the first round can't run in the second election.

Organized Protest Votes

Sometimes, large numbers of people organize to submit protest votes or abstain from voting as a way of protesting. While these protest votes are rare, they happen more frequently than in years past.

Recently, in the presidential primaries in Wisconsin, more than 40,000 citizens organized a protest vote. In April 2024, thousands of Democratic voters in Wisconsin submitted “uninstructed ballots" rather than voting for President Biden. Sources report that these votes came primarily from Arab-American communities who were unhappy with Biden's handling of the Israel-Hamas war in the Middle East.

President Biden still won the primary. But the impact of the uncommitted voters was clear.

Abstention

The most common form of protest voting is abstention. This occurs when a voter can cast a vote but chooses not to. This is a convenient protest method because it requires little activity from voters. It's nothing more than a passive protest. But abstention becomes a much more active form of protest for voters in regions with compulsory voting.

Because protest abstention looks the same as regular abstention from voting, it isn't easy to quantify its impact.

Protest Votes and the Voting Rights Act of 1965

While individual protest votes may not have a lasting impact on elections, when groups get together, they can effectuate change. In 1964, shortly after Congress passed the Civil Rights Act of 1964, there were protests in Selma, Alabama, regarding black voters.

Fifty percent of eligible voters in Selma were African Americans. But on election day, only 2% of votes came from black voters. More than 600 demonstrators marched in Selma, demanding that African Americans be free to vote without threats of intimidation or disenfranchisement.

As a result of the march, the federal government passed the Voting Rights Act of 1965. Before this act, state legislatures maintained various barriers for minority voters. This included literacy tests and other unfair practices, such as poll taxes.

The Voting Rights Act of 1965 increased the number of black voters significantly. Over the years, the Supreme Court has struck down specific protections under the act as unconstitutional. The government attempted to use the act to offer special protection to voters in places like Georgia, Florida, and other southern states. Still, the overall impact of the new law was tremendous.

Considerations Before Casting a Protest Vote

In most cases, casting a ballot is a right and not a mandatory civic duty. The law doesn't require citizens to vote in federal elections. Congress has never said that citizens must vote in presidential elections. Voter registration is optional in this country.

Voters who want to use their vote to protest are free to do so. But they should think carefully about what they hope to achieve.

Protest voting can affect voters negatively. It can also lead to voter remorse. Sometimes, choosing the lesser of two evils is better than letting other people choose the winner.

Civil participation is a critical aspect of democracy. For many citizens, nothing exemplifies their participation more than their right to vote. Voters need to understand how to use their votes to effect change. For example, if political parties see a significant decline in voter turnout, they may change their policies or pay more attention to what American voters want.

You Don't Have To Solve This on Your Own – Get a Lawyer's Help

If you have questions about your voting rights, contact an attorney. They can explain your civil rights and teach you how to protect them.

Visit our attorney directory to find a voting rights lawyer near you.

You May Also Like

• Can I Leave Blanks on a Voting Ballot?
• Polling Place Rules and Regulations
• Can I Abstain From Voting?