Voting Law Glossary
By Christie Nicholson, J.D. | Legally reviewed by Christie Nicholson, J.D. | Last reviewed June 10, 2024
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FindLaw's voting law series has a wealth of in-depth information about the ins and outs of U.S. voting-related regulations and processes. But if you need a one-stop place for some commonly used voting law terms, this brief glossary should help.
Absentee ballot:
Absentee voting is available to voters who can't visit their polling place in person on election day. Absentee ballots are most commonly used by those traveling, living abroad, at school in a different state, or in the military. These ballots allow voters to exercise their civil rights, regardless of location or disability. Citizens using absentee ballots can vote by mail rather than in person.
Approval voting:
An approval voting system allows voters to select as many candidates as they want. Under this system, every candidate chosen gets a vote. This system doesn't require candidates to secure a majority of votes.
Automatic voter registration:
Departments of motor vehicles usually maintain automatic voter registration for state residents. Proponents of this system claim it helps maintain up-to-date voter records and increases voter participation.
Blank ballot:
A blank ballot is one that voters either didn't fill out or didn't fill out completely. The law requires that election officials count all votes regardless of whether they're complete.
Blanket primary:
A blanket primary election system allows voters to choose one candidate for each office. The candidate's party affiliation doesn't matter. Under this system, only the highest vote-getter from each party advances to the general election.
Chad:
A chad is a small piece of paper voters punch out on a paper ballot. A "dimpled chad" shows a visible indentation, but the voter didn't completely punch it out. A "hanging chad" is one a voter detached, but did not completely remove. Dimpled and hanging chads were a significant issue in the controversial 2000 presidential election.
Closed primary:
A closed primary election is one in which people may only vote if they have registered with a party before Election Day. Closed primaries require eligible voters to declare a party affiliation before voting.
Compulsory voting:
Compulsory voting laws require citizens to vote. Some countries with mandatory voting laws punish citizens for not voting.
Constitutional amendments affecting voting rights:
Congress has passed several amendments to the U.S. Constitution to help protect citizens' voting rights. The 14th Amendment extended voting rights to all men over 21, regardless of race. The 19th Amendment extended the right to vote to women. Finally, in 1964, the federal government passed the 24th Amendment, eliminating the use of a poll tax to exclude specific classes of citizens.
Contested election:
A contested election is one in which the losing candidate demands a recount. Candidates may contest the results of an election when their opponent won by a slim margin.
Disenfranchisement:
This is the act of preventing citizens from voting in local, state, and federal elections. To qualify as disenfranchisement, the restriction on voting must come from a local government entity or other official body.
Early voting:
Some election offices allow you to vote before the actual election. Most local and state governments allow their voters to vote early.
Election fraud:
Election fraud includes any criminal activity that contaminates the integrity of an election. Examples of election fraud include ballot tampering and bribery.
Election official:
Election officials include election clerks, election judges, and poll workers. Local election officials are people who make sure the voting process goes smoothly at polling places. Their duties include counting official ballots and observing the voting process on Election Day.
Electoral system:
The American electoral system is a set of election laws and procedures that oversee elections. Its purpose is to establish the weight that votes in a specific state or district carry.
Gerrymandering:
This is a controversial practice whereby politicians move district boundary lines within a specific geographic area to give them an advantage in an election. Incumbent officeholders and their parties are often the people engaged in gerrymandering. They manipulate district boundary lines to secure or maintain political power.
Help America Vote Act (HAVA):
HAVA is a 2002 law the federal government passed about the use of challenged ballots. HAVA requires states and local governments to upgrade their election processes. This includes voting machines, registration, and poll workers' training.
Instant runoff voting:
Some refer to instant runoff voting as ranked-choice voting. It allows qualified voters to rank candidates in order of preference. We rarely see this system in the United States.
Logic and accuracy testing:
This is the process of identifying and repairing malfunctioning voting devices or systems before an election. Election judges perform these tests long before election day according to state laws.
Open primary:
An open primary election doesn't require voters to affiliate with a particular political party. Some open primaries allow voters to change their party affiliation before voting.
Provisional ballot:
Officials use provisional ballots when a voter's identity or eligibility is questioned. For example, a person's driver's license may have a different middle initial than what is on the voter registration list. Election officials only include provisional ballot votes after confirming all information.
Recount:
A recount happens when an election administration or judicial official recounts the votes in a close election.
Tactical voting:
Tactical voting happens when a voter deliberately casts a ballot for the weakest candidate of the opposing party. They do so in the hopes of keeping their party in power.
Undervote:
Undervoting happens when a citizen chooses not to vote in all available elections.
Vote dilution:
This is an unlawful system that renders minority voters' ballots less effective than the votes of others. Politicians do this via district lines that divide minority communities, thereby hindering their ability to muster a representative vote.
Voter challenge:
If a person's eligibility to vote is questionable, election officials issue a voter challenge. A typical example is when a voter's name doesn't match the registration records in the polling place's registration book.
Voter fraud:
Voter fraud involves a person or entity's illegal interference with election results. Examples include illegally registering voters, tampering with voting machines, or paying registered voters to vote a certain way.
Voter ID laws:
Voter ID laws mandate photo identification as a prerequisite to voting.
Voter intent:
This system involves election officials counting ballots so the votes align with the voter's intent. An example of voter intent is a ballot with a hanging or dimpled chad.
Voter intimidation:
Voter intimidation happens when a group of people (or an individual) tries to force people to vote in a specific way (or not vote at all). They may do this via threats, poll taxes, and illegal tests to establish a person's eligibility to vote.
Voting Rights Act:
The Voting Rights Act is a 1965 federal law protecting the voting rights of African-American citizens. Before 1965, many Southern states used literacy tests and other means to suppress minority voting.
Voting rights restoration:
This system allows people with felony criminal convictions to regain their right to vote after serving jail time, probation, or parole.
Protect Your Voting Rights by Contacting a Lawyer
If you feel someone has violated your voting rights, contact an experienced lawyer for help. They will help determine how best to proceed.
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