Who Can Vote in the U.S?

Voting is a fundamental right protected by the U.S. Constitution. Several constitutional amendments protect this right, including the 15th Amendment (prohibiting denial based on race), the 19th Amendment (extending voting rights to women), and the 26th Amendment (lowering the voting age to 18).

Understanding the intricacies of voting laws can be confusing. Each state has its own rules and requirements that could affect your right to vote​.

This article answers the following questions related to voting:

• Who is eligible to vote in the United States?​
• Is voting mandatory in the U.S.?​
• What are the voter ID requirements?​
• Are people with felony convictions allowed to vote?​
• Can immigrants vote in the U.S. Election?​
• Do I need to register to vote?​
• Can I still vote if I am away from home?​

Who Is Eligible To Vote in the United States?

Eligible voters in the U.S. must meet the criteria listed in the U.S. Constitution. The following are the general requirements under federal law for eligible voters in the United States.

• U.S. citizenship: The voter must be a U.S. citizen. This includes those born in the United States and naturalized U.S. citizens.
• Residency: Voters must meet the state’s residency requirements for the district where they wish to vote. Each state has its own rules regarding residency requirements.
• Age: The voter should be at least 18 years of age (voting age) by election day. This is based on the date listed on a person’s birth certificate.
• Registration: The voter should follow their state’s registration rules. Voter registration laws vary from state to state. For instance, some states allow same-day registration, allowing voters to register on election day. Other states do not permit this.

Other requirements may also apply.

Who Is Not Eligible To Vote?

The following groups of people are not eligible to vote in the United States:

• Non-U.S. citizens
• People convicted of certain types of felonies (can vary by state)​
• U.S. citizens younger than 18
• In some states, people who have been legally declared mentally incapacitated​ by a court

​Although U.S. citizens, residents of U.S. territories cannot vote in presidential elections. They can vote in presidential primaries but not in general elections. This is because these territories, such as Puerto Rico, do not have representatives in Congress.

Is Voting Mandatory in the United States?

The right to vote​ is a privilege granted to U.S. citizens, but it’s not a requirement to vote. There are no penalties or legal consequences if a person opts not to vote in the federal, state, local, or presidential elections. However, voting is the best way to have your voice heard when choosing who will represent your interests as an elected official.

What Are the Voter ID Requirements?

Each state has its own rules regarding voter ID laws. Some states may require you to bring a photo ID, while others accept non-photo ID. The following is the general overview​ of how these voter ID requirements differ:

Photo ID vs. Nonphoto ID States

In states with strict voter ID requirements, you must present a specific identification card to vote. This is often a photo ID, such as a driver’s license, passport, state ID, military ID, or similar document. Other states may be more flexible. Some accept your Social Security card, voter registration card, bank statement with your name and address, and other similar documents.

Strict vs. Non-Strict Voter ID Laws

Under strict voter ID laws, use a provisional ballot if you lack proper identification at the voting site. Election officers may also ask you to submit certain requirements after Election Day. For instance, election officials may ask you to return to the office and bring an acceptable form of identification. If you fail to bring these documents, the election officials will not count your provisional ballot.

Less severe voter laws allow you to cast your vote even without an acceptable identification document. Some allow you to verify your identity by asking a poll worker to vouch for you. You may also sign an affidavit affirming your identity.

At the end of Election Day, election officials check your voter eligibility, deciding whether to count your provisional ballot. In some states, no further action is required.

Are People With Felony Convictions Allowed To Vote?

Whether those with felony convictions can vote depends on the state they live in. Each state has its own set of rules​ on how felony convictions affect the right to vote. In most states, voting rights are automatically restored after a person is released from jail or upon parole or probation. Other states do not automatically restore felons’ voting rights. Maine, Vermont, and Washington, D.C., never revoke convicted felons’ voting rights.

States That Automatically Restore Felons’ Voting Rights After Release

The following states automatically restore the voting rights of felons after their sentence:

• California
• Colorado
• Connecticut
• Hawaii
• Illinois
• Indiana
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Montana
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Dakota
• Ohio
• Oregon
• Pennsylvania
• Rhode Island
• Utah
• Washington

States That Automatically Restore a Felon’s Voting Rights After Parole or Probation

The following states automatically restore a person’s voting rights after parole or probation:

• Alaska
• Arkansas
• Georgia
• Idaho
• Kansas
• Louisiana
• Missouri
• North Carolina
• Oklahoma
• South Carolina
• South Dakota
• Texas
• West Virginia
• Wisconsin

States That Do Not Automatically Restore a Felon’s Voting Rights

The following states have certain requirements to restore one’s voting rights​:

• Alabama
• Arizona
• Delaware
• Florida
• Iowa
• Kentucky
• Mississippi
• Nebraska
• Tennessee
• Virginia
• Wyoming

Each state has its own rules on regaining the right to vote. Visit our page on felon voting laws by state​ to learn more.

Can Noncitizens Vote?

Noncitizens, including lawful permanent residents, cannot vote in federal elections and state elections. Only U.S. citizens can take part in U.S. elections.

Noncitizens who try to vote without the legal authority could face the following consequences:

• Fines
• Imprisonment of up to one year
• Possibility of deportation

This could also affect the immigrant’s ability to become a U.S. citizen through naturalization.

While noncitizens cannot vote in federal or state elections, some local jurisdictions allow noncitizens (including lawful permanent residents) to vote in certain local elections, such as school board or municipal elections. These local voting rights vary by jurisdiction. Check with your local election office to learn about voting rules in your area.

Do I Need To Register to Vote?

In most states, you must become a registered voter​ before participating in elections. The requirements for registering may vary by state. Some states need you to submit the voter registration form days before Election Day. Other states allow same-day registration at polling places.

North Dakota is the only state that does not require voter registration. North Dakota residents can vote by showing an approved form of identification at the polls.

Because of these varying rules, it’s a good idea to check your state election office for details, particularly the deadline and requirements of your state. Learn more about your state’s registration requirements at FindLaw’s Voting Center.

Can I Still Vote if I Am Away From Home?

You can still take part in the election process even if you are away from home by applying to be an absentee voter​. Absentee voting is a type of early voting. As an absentee voter, you can submit your absentee ballot in a drop box or by early mail.

This option is often used by those who can’t vote on Election Day. This can include being out of state, illness, or disability that prevents you from going to the polling place in person. Military service members​ and their families outside the U.S. can also vote via absentee ballot. You must still meet the eligibility requirements to be eligible to vote as an absentee voter.

What if My Eligibility Is Questioned at the Polls?

If a poll worker questions your eligibility to vote, do not leave the polling place without casting a ballot. You have the right to vote provisionally while your eligibility is verified.

A provisional ballot ensures your vote will be counted once election officials confirm your eligibility. Here’s how the process typically works:

1. Request a provisional ballot: If you cannot provide the required identification or if your name doesn’t appear on the voter registration list, ask for a provisional ballot
2. Cast your provisional ballot: Vote using a provisional ballot, which is kept separate from regular ballots
3. Provide any required information: Depending on your state, you may need to provide additional documentation within a certain timeframe after Election Day
4. Verification process: Election officials will verify your eligibility and determine whether to count your ballot

Common reasons you might need to vote provisionally include:

• Your name doesn’t appear on the registration list at your polling place
• You don’t have the required identification
• You requested an absentee ballot, but didn’t receive it, or want to vote in person instead
• Your eligibility is challenged by a poll worker or poll watcher

Each state has different rules about provisional ballots and the verification process. If you have questions about whether your provisional ballot was counted, contact your local election office. If you believe you were wrongfully denied the right to vote or your provisional ballot was improperly rejected, you may want to consult a civil rights attorney.

When Might You Need a Civil Rights Attorney?

Most voting questions can be answered by your local election office or the resources on Vote.gov. If your eligibility is questioned at the polls, you should cast a provisional ballot and follow your state’s verification process.

You may need to consult a civil rights attorney if you experience:

• Denial of a provisional ballot: A poll worker refuses to allow you to cast a provisional ballot when you have the right to do so
• Wrongful rejection of your provisional ballot: After following all required procedures, your provisional ballot is rejected without a valid cause
• Discrimination at the polls: You experience discrimination based on race, disability, language, or other protected characteristics
• Improper felony disenfranchisement: You believe your voting rights should have been restored based on your state’s laws, but election officials refuse to allow you to vote
• Systematic voter suppression: You’re part of a group facing barriers to voting, such as targeted polling place closures, restricted early voting, or unlawful voter roll purges

For routine questions about registration deadlines, polling locations, or ID requirements, contact your state or local election office.

Get Legal Help Protecting Your Right To Vote

If you believe your voting rights have been violated or you’re facing unlawful barriers to voting, a civil rights attorney can help. They can challenge wrongful denials, fight discrimination, and advocate for your constitutional right to vote. Contact a civil rights attorney near you to discuss your legal options.