Protecting the Vote: Know Your Rights

10-15-08, 10:05 am



Republicans this year have stated they will use voter challenges as intimidation and harassment to reduce the vote in the hopes of helping John McCain win the presidential election.

It is our responsibility to not let this happen. It is important that every voter know his or her rights when they enter the polling place.

Below we have compiled voters' rights information from reliable sources for key states. We will be adding others soon.

Unfortunately, every state has its own rules and laws governing the elections process. Find your state and learn your information. Don't hesitate to print out the information from your state and take it with you on November 4th.


Florida: Frequently asked questions and answers about your rights
Will the ‘No Match, No Vote’ law prevent me from voting if the address on my driver’s license is different from the one on my voter registration form?

NO. The so-called ‘No Match, No Vote’ law only applies to newly registered voters when they were registering to vote – NOT when anyone is voting. When voting, the address on your driver’s license and your registration do not have to match. The election officials will only check your photo and your signature on your ID when you vote.

Will I be allowed to vote if I wear my Obama button or T-shirt when I go vote?

YES. A voter can wear a campaign button or T-shirt while voting. Only campaign workers and officials can’t wear them within 100 feet of the voting place.

Where do I vote?

During Early Voting, you can vote at any Early Vote location in the county where you are registered to vote. Early Voting opens October 20 and continues through Saturday, November 1 in most county. A select few counties will remain open on Sunday, November 2. On Election Day, November 4, you must vote at the voting location in the precinct you are registered to vote. Please call 1-877-2FL-OBAMA to find the Early Vote location nearest you and to find your precinct information for Election Day.

What do I need to bring with me when I vote? Bring your Florida driver’s license or other current identification card showing your picture and your signature. (If your picture ID does not have your signature, you must present a second ID that has your signature). Below are acceptable forms of ID:

* Florida Driver’s License * Florida ID card issued by the Department of Highway Safety and Motor Vehicles * U.S. passport * Debit or credit card [if it has your picture on it] * Military ID * Student ID * Retirement center ID * Neighborhood association ID * Public assistance ID

What happens if I do not have the proper ID? If you do not have an acceptable, valid picture ID, or if you are not allowed to vote for another reason, you have a right to vote on a “provisional ballot.” Your provisional ballot will be counted if your signature matches your voter registration signature and if you are otherwise eligible to vote. You will fill out and sign a special form provided by the poll officials.

Facts about voters rights in Michigan


Fact: You have the right to vote without photo ID in Michigan

Just ask to sign the affidavit form at the polls. Michigan's new photo ID law allows registered voters who don't have photo identification, or those who have forgotten to bring photo ID, to vote by signing a form at the polls stating they are not in possession of photo ID. Voters without ID need to know their right to vote because Michigan cities are getting this wrong. Shortly before the August 2008 primary election, both the cities of Allen Park and Grand Blanc sent newsletters to city residents stating the need for photo ID with no mention of the affidavit form for those without ID. The Secretary of State estimates that approximately 370,000 Michigan residents have no form of photo identification.

Fact: You have the right to vote in Michigan if you are an ex-felon.

Even those still on probation or parole can register and cast their vote on Election Day. Michigan law only prohibits those serving a sentence on election day from voting. People in jail awaiting trial or sentencing may vote by absentee ballot, and those who have been released but who are on probation or parole may vote after registering.

Fact: You have the right to vote if your home is in foreclosure

The Michigan State Department of Elections is informing poll workers statewide that voters with homes in foreclosure may not lose their right to vote nor be challenged on their right to vote. Those who have moved from their homes may vote in the same precinct up to 60 days after they have left that address.

Fact: You have the right to vote if you wear campaign gear to the polls

You cannot lose your right to vote if you wear a t-shirt, hat, button or other garb endorsing a candidate or an issue into the polling place. You will, however, be asked to remove these items by a poll worker or risk misdemeanor charges. Any and all campaign materials, including apparel, must be a minimum of 100 ft. outside of the polling place at all times.

Fact: You have the right to be free of intimidation or harassment at the polls

Voters should not be intimidated or discouraged from voting by questions like, 'Have you paid your rent?' or 'Have you paid your child support?' During the last presidential election, ACLU heard stories of voter intimidation like these occurring in precincts with low-income and African American voters. If voters are harassed or intimidated by anyone at the polling place, they should tell a poll worker immediately and call the Election Protection Hotline at 1-866-OUR-VOTE, a joint project of state and national civil rights organizations, including the ACLU of Michigan.

North Carolina Voting Rights
If you are registered to vote, DO NOT LEAVE YOUR POLLING PLACE WITHOUT VOTING! Every registered voter is entitled to cast a provisional ballot.



If you are in line before the poll's closing time, you are entitled to vote. North Carolina polls are open from 6:30 a.m. until 7:30 p.m. on Tuesday, November 7th.

You are entitled to view a sample ballot at the polling place before voting.

If you have any problems, questions, or concerns, call the Voting Rights Hotline at 1-888-336-8683.

Here are your rights:

You have the right to take this with you to the polls. (.)

1. On Election Day, each polling place opens at 6:30 A.M. and closes at 7:30 P.M. If you are in line or in the process of voting when the polls close at 7:30, YOU HAVE THE RIGHT to vote. To be eligible to vote, you must register to vote 25 days before the date of the election. [N.C.G.S. 163-166.01, 163-82.6c] To vote on November 7th, you must register by Friday, October 13th.

2. YOU HAVE THE RIGHT to vote without showing your voter registration card to poll workers. [N.C.G.S. 163-82.8]

3. If you have moved and have lived in your new location more than 30 days, YOU HAVE THE RIGHT to vote in your new precinct or at a central location. If you have moved but have lived in your new location less than 30 days, you must vote in your old precinct. [N.C.G.S. 163-82.15]

4. If your name has changed since you registered to vote, YOU HAVE THE RIGHT to vote even if you have not reported to election officials that your name has changed. [N.C.G.S. 163-82.16]

5. If you make a mistake or 'spoil' your ballot and have not cast the ballot, YOU HAVE THE RIGHT to receive up to three replacement ballots. [8 N.C.A.C. 10B.0104b]

6. YOU HAVE THE RIGHT to have your spouse, brother, sister, parent, grandparent, child, grandchild, mother-in-law, father-in-law, daughter-in-law, son-in-law, stepparent, or stepchild, as chosen by you, to accompany you in the voting booth. [N.C.G.S. 163-166.8]

7. If you cannot read or write, or you are blind or otherwise disabled, YOU HAVE THE RIGHT to request special assistance from a person of your choice who is not your employer or union officer to help you vote. [N.C.G.S. 163-166.8]

8. If you are disabled and cannot enter the polling place, YOU HAVE THE RIGHT to vote in the immediate proximity of the polling place, including in the vehicle that brought you to the polls. [N.C.G.S. 163-166.9]

9. YOU HAVE THE RIGHT to vote without being intimidated or forced to vote for someone you do not wish to vote for. In elections for federal office, attempts to coerce your vote carry federal criminal penalties. [N.C.G.S. 163-271]

10. YOU HAVE THE RIGHT to receive a Provisional Ballot if: * you have applied for voter registration in the county, but your name is not on the rolls; * you have been registered but your name has been removed from the list even though you have remained a qualified voter in the county; or * you question the voting districts (and ballots) to which you have been assigned and believe that you are qualified to vote a different ballot. [8 N.C.A.C. 10B.0103d] * you also have the right to find out whether the provisional ballot was counted, and if not, the reason the vote was not counted. [N.C.G.S. 163-166.11]

11. If you live in a county with a greater than 6% Latino/Hispanic population, YOU HAVE THE RIGHT to receive ballot instructions in Spanish. Voters should still ask for bilingual materials if they need them regardless of their county. [N.C.G.S. 163-165.5A]

12. Under a new federal law, first-time voters who register to vote by mail and do not send in a form of identification, and first-time voters who register through a voter registration drive, will be asked to show identification to a poll worker. Identification may be either a current and valid photo ID, or a document showing the current name and address of the voter. [N.C.G.S. 163-166.12]

13. If you are an ex-felon who has completed all terms of your sentence including parole, probation and restitution, your citizenship rights are automatically restored and YOU HAVE THE RIGHT to re-register and vote. [N.C.G.S. 13-1]

Sources: Florida for Obama, American Civil Liberties Union, BlueNC blog.