If you hadn’t noticed, we’re deep into election season. The political parties are fighting with each other and hoping to gain your vote. But a shift in electoral politics over the last two elections has raised some fear that people may be turned away at their polling place, have their vote not counted, or even face physical or emotional violence at the polls.
We’re here to say it loud and clear: Voting should be easy, safe, and seamless. Nobody should feel fear going to their polling place, and nobody should face unnecessary legal hurdles to vote once they are eligible to vote in American elections. Unfortunately, there have been some who would instill fear and create intentional confusion to shake our confidence in our elections. We want to clarify your rights as you head to the polls, either for early voting or on election day on November 5th.
States Have Different Election Statutes, Guidelines, and Laws
Disclaimer: The focus of this article is about federal voting rights as it pertains to voting within your state, but we do want to note at the outset that it’s important to check with your state’s laws. Each state has its own laws, with many mirroring that of others. We strongly encourage everyone to review those laws and guidelines (there are often quick, one-page guidelines available on state government and election board websites). This includes variations of identification requirements.
Polling Places Must be Safe and Free of Intimidation
We’ve seen more and more aggressive actions at polling places over the last few years. The heightened rhetoric seems to be empowering individuals to show up at polling locations with guns, confront individuals and demand they state who they are voting for (you do not legally have to disclose to anyone who you vote for), and people encroaching on legal boundaries for campaigning near polling places. Many states draw a line anywhere from 25 feet to 150 feet from the official entrance to a polling location to restrict campaigning in a specific area.
In no uncertain terms, it is ILLEGAL to intimidate voters. In fact, it’s a federal offense that carries significant penalties to anyone who would intimidate, threaten, or coerce anyone who is attempting to vote or vote for their candidate of choice. This also includes anyone attempting to intentionally spread false information about your eligibility to vote.
Voters of color often face the most obstacles at polling locations.
Voters with Disabilities are Owed Accessible Voting
Federal law requires all polling places across the country to be fully accessible to voters with disabilities and anyone who needs special accommodations to enter their vote. There must be at least one voting machine or system that gives people with disabilities access to a private space to enter their ballot. There are no mental disabilities that limit a person’s right to vote.
Additionally, there must be in-person help available to voters who need assistance with reading or writing. The voter themselves is permitted to choose someone to help them which often means bringing someone along with them to assist in the voting process. Note, you can be asked to swear under oath that you have a disability that requires assistance.
You Have a Right to a Paper or Provisional Ballot
Voting machines are unpredictable. Sometimes they don’t work as intended, sometimes they do. If your polling place’s voting machines go down, then you must be given an alternate method to vote. In most cases, you will be given a paper ballot to be submitted manually or through another alternative method that ensures your vote is tallied. Your polling place may also extend polling hours if there are disruptions that make it hard or impossible for people to vote.
You also have a right to submit a provisional ballot if a polling worker says you are not on the list of registered voters permitted to vote at that location. In this case, you will submit a provisional ballot which will then be reviewed by election officials for eligibility. Your vote will count as long as you are registered and eligible to vote.
If You’re In Line to Vote, Stay in Line
Voting generally concludes at 8 p.m. local time, but if you’re in line to vote before that time then you cannot be turned away. Oftentimes, poll workers will place a sign at the end of the line at the time voting closes to ensure nobody attempts to enter the line after that point, but if you’re already in line you cannot be turned away.
Election Day and Voting Resources
There are a number of resources available online to ensure you’re eligible to vote and protected at your polling place:
Check your voter registration: https://www.vote.org/am-i-registered-to-vote/
Check your state’s absentee ballot and early voting guidelines: https://www.nass.org/can-i-vote/absentee-early-voting
Report an election-day violation of your rights: Election Protection Hotline 1-866-OUR-VOTE
If your rights are violated on election day, you also have a legal right to pursue litigation against anyone who would violate your rights. This includes individuals, election workers, and boards of elections who intentionally violate your rights. Contact Justly Prudent to protect your rights and your vote.
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