Your Voting Rights: What They Are and How To Protect Them

Federal and state election laws protect your right to vote from registration through Election Day. Understanding these protections enables you to respond promptly if issues arise before or during voting.

Federal protections cover how states handle voter registration. It also covers what accommodations polling places must provide. State laws add another layer. Those rules vary depending on where you live.

If you believe your voting rights have been violated, consult a local civil rights attorney. They can explain which laws apply and advise you on the next steps.

Key Voting Rights

Federal law provides core protections for every eligible voter, regardless of race, language, disability status, or political affiliation. These laws protect electors at every stage of the process. The sections below outline what you can expect and what you are entitled to throughout the voting process.

Right To Register To Vote

The National Voter Registration Act (NVRA) of 1993, also known as the “Motor Voter Act,” established important protections for voter registration. Under the NVRA, states must allow voter registration at motor vehicle agencies during driver’s license applications, renewals, or address changes. States must also offer registration opportunities through mail-in applications and at state and local offices, including those that provide services to people with disabilities and public assistance.

The NVRA protects against improper voter purges by requiring states to maintain accurate, up-to-date voter lists. States must follow proper procedures for removing voters from registration rolls.

Right To Vote Free From Discrimination

Federal law prohibits discrimination in voting based on race, color, religion, sex, national origin, age (if you’re 18 or older), or disability. Section 2 of the Voting Rights Act applies nationwide. The act bans discriminatory practices that were used to prevent language minorities from voting, including literacy tests and poll taxes.

The Voting Rights Act also protects voters from intimidation and harassment at polling places. No one can threaten, coerce, or intimidate you to prevent you from voting or to influence how you vote.

Right to Accessible Voting for People With Disabilities

If you have a disability, federal law guarantees you have equal access to voting. The Americans with Disabilities Act (ADA) requires effective communication with voters with disabilities and mandates that polling places meet accessibility standards. This means polling places should have:

• Wheelchair-accessible entrances and voting areas
• Audio ballots and assistive voting technology for people with hearing or visual impairments
• Information in large print or Braille
• Accessible parking spaces
• Accessible electronic voting systems

The Help America Vote Act (HAVA) of 2002 requires an accessible voting system at each polling place, allowing voters with disabilities to cast their votes independently and privately.

Everyone who meets the other voting requirements and is mentally capable has the right to vote, regardless of physical or mental disability. “Mentally capable” refers to a person’s ability to understand the nature and effect of voting, including the ability to decide who to vote for.

Many states offer curbside voting, which benefits those who can’t physically enter a polling location. Curbside voting allows you to cast your ballot from your vehicle. You can drive up to the voting place, where an election official will bring you a ballot. Check with your local polling place to see if this option is available.

If getting to the polling place is difficult, you can request an absentee ballot. After applying for an absentee ballot, you can either pick it up at your local election office or have one mailed to you. Depending on state law, you can drop off your completed ballot at the local elections office, at a drop box, or return it as a mail-in ballot.

Right to Language Assistance

If you speak a language other than English, you may have the right to language assistance when voting. Since 1975, Section 203 of the Voting Rights Act has required bilingual voting materials and ballots in certain jurisdictions.

The law applies to jurisdictions with either over 10,000 voters or over 5% of the total voting-age population who do not understand English well. Section 203 focuses on language minority citizens, a significant minority group, who have suffered a history of exclusion from the political process, including speakers of:

• Spanish
• Asian languages
• Native American languages
• Alaska Native languages

In covered jurisdictions, election materials must be translated, and bilingual poll workers must be available. These requirements apply to primary and general elections, as well as referenda, school district elections, and special elections.

Right to Assistance

If you need help voting due to blindness, a disability, or an inability to read or write, federal law gives you the right to receive assistance from a person of your choosing. Section 208 of the Voting Rights Act protects this right. The one key restriction to be aware of is that you can’t receive assistance from your employer, an agent of your employer, an officer, or an agent of your union.

You can request help directly from poll workers. If a poll worker refuses to accommodate your request for assistance, you have the right to file a complaint with your state election office or the U.S. Department of Justice Voting Section.

Right to a Provisional Ballot

Under the Help America Vote Act, you have the right to cast a provisional ballot if:

• Your name isn’t on the voter registration rolls
• Your eligibility to vote is questioned
• You lack the required identification (in some states)

When you cast a provisional ballot, election officials will verify your eligibility after Election Day. If they confirm you’re eligible, election officials will count your vote.

Right To Vote If You’re in Line When the Polls Close

If you are in line at your polling place before the polls officially close, it’s likely that you have the right to stay and cast your ballot. Most states have laws or policies that protect voters who are already waiting when closing time arrives.

State law governs what it means to be “in line” when polls close. For instance, in Texas, these rules are clearly defined. In New York, voters who are “on line or in the polling place” at the legally specified closing time must be allowed to vote.

Virginia takes a more procedural approach. The state requires election officers to list the names of all qualified voters who are in line at the polling place before 7:00 p.m. and to allow only those voters to cast their ballots after that time. If you are unsure about your state’s specific requirements, you should check with your state or county election office before Election Day.

If a poll worker tells you to leave while you are still in line before the polls have officially closed, you are not required to go. Calmly tell the poll worker you were in line before closing time and ask to speak with the official in charge of the polling place. You can also contact your state or county election office for immediate assistance.

Right To Vote Privately and Independently

You have the right to cast your vote in secret. No one can force you to disclose who you voted for. You can bring a sample ballot or notes into the voting booth to help you remember your choices. If you make a mistake on your ballot, you have the right to request a replacement ballot. The Help America Vote Act ensures that voting systems allow you to vote privately and independently, without assistance if you choose.

Key Federal Laws That Protect Your Voting Rights

When the United States was founded, the U.S. Constitution did not explicitly protect U.S. citizens‘ right to vote. Over time, constitutional amendments expanded voting rights:

• Fifteenth Amendment (1870): The Fifteenth Amendment prohibits states from denying the right to vote based on race, color, or previous condition of servitude, granting African American men the right to vote
• Nineteenth Amendment (1920): Extended voting rights to women
• Twenty-Fourth Amendment (1964): Abolished poll taxes in federal elections
• Twenty-Sixth Amendment (1971): Lowered the voting age to 18

Despite these constitutional protections, many states, particularly in the Southern U.S., used discriminatory practices and voter suppression to prevent African Americans from voting. These included literacy tests, poll taxes, grandfather clauses, and white primaries. The Civil Rights Movement of the 1950s and 1960s brought national attention to these injustices and led to the passage of the Civil Rights Act and the Voting Rights Act of 1965.

Voting Rights Act of 1965

The Voting Rights Act of 1965 (VRA) is a landmark civil rights legislation that transformed American democracy. Enacted on August 6, 1965, during President Lyndon B. Johnson’s administration, the VRA aimed to remove barriers that prevented African Americans and other minorities from voting.

Legislators enacted this law in response to events like “Bloody Sunday” on March 7, 1965, when peaceful protesters walking from Selma to Montgomery, Alabama, were violently attacked by state troopers on the Edmund Pettus Bridge.

The VRA banned discriminatory voting practices that had been used to disenfranchise minority voters, including:

• Literacy tests
• Poll taxes (later banned by the 24th Amendment)
• Grandfather clauses
• White primaries
• Other practices that discriminated based on race

Section 2 of the Voting Rights Act prohibits voting laws that discriminate against racial and language minorities. Section 2 was strengthened in 1982 to allow plaintiffs to prove violations by showing that a law resulted in discrimination without needing to show intent.

In 1975, lawmakers extended the act to ban discrimination against those who speak a language other than English. Section 203 requires covered jurisdictions to provide bilingual voting materials and assistance.

The VRA originally included special provisions requiring certain state legislatures and local governments with histories of discrimination, such as in Georgia, to obtain federal approval before changing their voting laws. In 2013, the U.S. Supreme Court, in Shelby County v. Holder, held that the formula for determining which jurisdictions needed preclearance was unconstitutional, effectively suspending the requirement.

Help America Vote Act (HAVA) of 2002

In response to issues that arose during the 2000 presidential election, Congress enacted the Help America Vote Act in 2002 to improve election processes nationwide.

Key provisions of the HAVA include:

• Provisional ballot right: If your name isn’t on the voter rolls or poll workers question your eligibility, you have the right to cast a provisional ballot
• Accessible voting systems: Every polling place must have at least one accessible voting system that allows voters with disabilities to vote privately and independently
• Improved election technology: HAVA authorized federal grants to help states modernize voting equipment and improve election administration
• First-time voter verification: First-time voters who registered by mail must provide identification when voting

HAVA also established the U.S. Election Assistance Commission to provide support and guidance for election administration.

National Voter Registration Act (NVRA) of 1993

The National Voter Registration Act, commonly known as the “Motor Voter Act,” makes voter registration more accessible by requiring states to offer registration opportunities in multiple locations:

• At motor vehicle agencies during driver’s license transactions
• Through mail-in registration applications
• At state and local offices that provide public assistance or services to people with disabilities

The NVRA also protects voters by requiring states to maintain accurate voter lists and follow proper procedures before removing voters from registration rolls. It applies to 44 states and the District of Columbia. Some states are exempt because they offer same-day registration at polling places or don’t require voter registration.

Americans With Disabilities Act (ADA)

The Americans with Disabilities Act requires that polling places be accessible to voters with disabilities. This includes:

• Physical accessibility standards for polling place entrances, pathways, and voting areas
• Effective communication with voters with disabilities through auxiliary aids and services
• Accessible parking spaces
• Voting equipment that voters with disabilities can use independently

The ADA applies to all aspects of the voting process, from voter registration through casting your ballot. Election officials must provide information in alternative formats, such as large print or Braille. For more details, see the ADA’s checklist for polling places.

Voting Accessibility for the Elderly and Handicapped Act of 1984

The Voting Accessibility for the Elderly and Handicapped Act requires accessible polling places for federal elections. If no accessible polling place is available, the jurisdiction must provide an alternative means of voting on Election Day. The act also requires voting aids, such as large-print instructions or telecommunications devices for the deaf (TDDs).

Understanding Common Voting Issues

While federal law establishes basic protections for voting rights, you may encounter variations in how states administer elections. Understanding these differences can help you navigate the voting process successfully.

State Voting Requirements

Each state maintains its own electoral system within the framework of federal law and its state constitution. States must protect election integrity while ensuring eligible voters can participate. This balance means voting procedures vary from state to state.

Different states have different rules for:

• Voter registration deadlines (ranging from same-day registration to 30 days before an election)
• Early voting availability and duration
• Mail-in and absentee voting eligibility
• Voter identification requirements
• Polling place hours and locations

These variations are generally permissible as long as they don’t violate federal constitutional protections or federal voting rights laws.

Voter ID Requirements

Voter ID laws vary across each state. While the federal government has laws addressing acceptable forms of identification, states set their own additional ID requirements. What you’ll need to bring to vote depends on where you live. This may include:

• Strict photo ID states: You must show government-issued photo identification
• Non-strict photo ID states: Photo ID is requested, but alternatives are available
• Non-photo ID states: You can use documents like utility bills or bank statements
• No ID required states: No identification is required if you’re on the registration list

First-time voters who registered by mail may be subject to additional ID requirements under federal law, regardless of state rules.

In 2008, the Supreme Court examined Indiana’s photo ID law in Crawford v. Marion County Election Board. The Court found that requiring photo ID to vote doesn’t impose an unconstitutional burden on voters. Since then, states have continued to implement varying ID requirements.

Check your state’s specific ID requirements well before Election Day so you can obtain any necessary documents.

Voter List Maintenance

States regularly update their voter registration lists to maintain accuracy. This process removes voters who:

• Moved out of state
• Died
• Convicted of disqualifying felonies (in states that disenfranchise felons)
• Haven’t voted in several years and haven’t responded to confirmation notices

In 2018, the Supreme Court addressed these procedures in Husted v. A. Philip Randolph Institute. The Court upheld Ohio’s process of sending confirmation notices to voters who hadn’t voted in two years and removing them if they didn’t respond and didn’t vote in the next four years.

Even if you’ve voted before, verify your registration status before each election. If you receive a confirmation notice, respond promptly to stay on the rolls.

Redistricting and Gerrymandering

Every ten years, after the census, states redraw electoral district boundaries to account for population changes. This process is called redistricting. Gerrymandering occurs when district lines are drawn to achieve a particular political outcome. There are two types:

• Racial gerrymandering: Drawing districts to dilute the voting power of racial or ethnic minorities
• Partisan gerrymandering: Drawing districts to favor one political party over another

Racial gerrymandering violates Section 2 of the Voting Rights Act when districts for the House of Representatives are drawn to intentionally dilute minority voting strength. In 2023, the Supreme Court reaffirmed this protection in Allen v. Milligan, ruling that Alabama‘s congressional map likely violated the Voting Rights Act by diminishing Black voters’ electoral power.

Partisan gerrymandering presents different legal questions. While courts have struck down some extreme partisan gerrymanders, the law in this area remains unsettled. Federal courts have been hesitant to establish clear standards for when partisan redistricting crosses the line.

How To Assert Your Voting Rights

The steps below cover what you can do before Election Day, at the polling place, and after a problem arises.

Before Election Day

Preparing in advance is the most effective way to protect your voting rights. Consider taking these steps before you head to the polls:

• Verify your registration status through your state or county election office’s website before the registration deadline
• Confirm your polling place location. It may have changed since the last election
• Review your state’s voter ID requirements and gather the necessary documents
• If you need language assistance or disability accommodations, contact your local election office in advance to confirm what will be available
• Request an absentee or mail-in ballot early if you are unable to vote in person, and check your state’s deadline for returning it

If you don’t have the required form of identification at the polling place, remember to request a provisional ballot.

At the Polling Place

If you run into a problem at your polling place, document what happens. Take note of the time, the poll worker’s name if possible, and what happened.

If your name does not appear on the voter list or you were told that you lack an acceptable form of identification, you can ask for a provisional ballot. Federal law guarantees this right under the Help America Vote Act. If you need assistance while voting, you can ask for help from a poll worker or receive assistance from a person of your choosing.

Remember that if you are in line when the polls close, you almost always have the right to stay and cast a vote. Check the voter ID laws in your state to be sure.

Who To Contact for Help

If your voting rights are violated or you need immediate assistance on Election Day, several resources are available:

• Your state or county election office
• U.S. Department of Justice Voting Section: (800) 253-3931
• Election Protection Hotline (nonpartisan): 1-866-OUR-VOTE (1-866-687-8683)
• A civil rights attorney

Don’t let anyone deny you the right to vote.

When You Might Need a Civil Rights Attorney

Consider consulting a civil rights attorney if you experience:

• Systematic denial of voting rights
• Discrimination based on race, color, religion, sex, national origin, age, or disability
• Inaccessible polling places despite legal requirements
• Voter intimidation or suppression
• Improper removal from voter registration rolls

A civil rights attorney can:

• Explain your legal rights and options
• Help you decide whether to file a lawsuit
• Represent you in legal proceedings
• Provide advocacy and additional information about your case

Voting allows your voice to be heard. Don’t let anyone take it away from you.