How Can I Protect My Right To Vote?

Voting rights are essential in a democratic society. “It’s the right from which all others derive,” says Richard Bell, a New York personal injury and civil rights lawyer.

“Voting gets you the elected officials who pass laws on every other right and appoint judges who rule on every other right. When you don’t vote, then somebody else makes the choice for you, and you may not like that choice.”

Voters anywhere can face problems with voter registration, finding their polling location, or voter intimidation. That’s why it’s important to understand your voting rights and how to protect them. If you have questions about protecting your right to vote, talk to a local civil rights attorney.

Five Practical Steps To Ensure Your Access to the Ballot

Lawyers recommend several practical steps to protect your right to vote:

1. Make Sure Your Voter Registration Is Active and Accurate

Voting rules vary from state to state. Voter ID laws and the registration process where you used to live may be different from where you reside now. Make sure your registration is active and accurate. Contact your local elections office or check your voting status online. If your information isn’t up to date, take steps to correct it.

“Do everything early,” Bell advises. “The only goal is to have your vote counted, and if you wait, you’re putting yourself in a worse position.”

Consult an early voting map for details and deadlines in your state. You can also call your county’s election office to see if countywide voting is available or if you can only go to your assigned precinct.

2. Vote Early or By Mail Where Possible to Prevent Mistakes

Chris Jackson, an appellate attorney at Holland & Hart in Denver, recommends voting early or, where possible, voting by mail. “That gives you more time so that if something goes wrong, it’s not the very last day, and it can be fixed.”

A mistake, even a seemingly small one, can impede your ability to vote. “Sometimes, despite all of the efforts made to help students know where and how to vote, they try to vote at school, and they can’t because they’re registered at their mom and dad’s house,” says Julie Kane, a trial lawyer at Colson Hicks Eidson in Coral Gables, Florida.

3. Determine Which State You Can Vote In and Keep Track of Your Absentee Ballot

Residency issues can affect older voters, too. “If you’re a snowbird and you live in Massachusetts, for example, but you winter in Florida, you ought to determine which state you can vote in,” says Christopher Kenney, a civil litigator at Kenney & Sams in Boston. “That’s a mixed question of law and facts.”

If you’re ill, out of town at election time, or a college student not planning to stay in that state after graduation, you can submit an absentee ballot if you request it ahead of time. Absentee ballots are only good for one election unless your state maintains a permanent absentee ballot list.

Absentee voting if you’re in the military or overseas is especially difficult, simply because the ballot has to travel internationally and back. “Even with my own vote by mail,” says Kane, “I always double-check with the Miami elections department online to make sure my ballot has been received and counted because I have the option, if it hasn’t, to go vote a real ballot, in person, on election day.”

4. Figure Out the Logistics for In-Person Voting Ahead of Time

If you’re voting in person, work out the logistics beforehand. Do you need to bring your ID with you? Do you need help getting there?

“There are usually nonprofit organizations within most jurisdictions that can arrange transportation ahead of time,” says Ashley Crisafulli, a litigator at Stinson LLP in Kansas City, Missouri. Crisafulli is also a member of the nonpartisan Missouri-Kansas election protection team, which assists with voter questions.

Verify that your polling site hasn’t changed. “You don’t want to head to the local elementary school, and it turns out that your polling place is now actually the high school across town,” says Jackson.

Official local election websites can streamline the process and save time on election day. “Unfortunately, you usually don’t know until it’s too late,” says Subodh Chandra, a civil rights attorney in Cleveland. “It might be that you go to the poll or you seek an absentee ballot, and you’re told that they’re not going to give you one for reasons that may or may not be legitimate. But it may be that you go to the poll and cast a provisional ballot. The chances of counting the provisional ballots are less than the chances that a regular ballot is going to be counted.”

“Everyone should do some planning ahead of time,” says Matthew W. O’Neill, a campaign finance and election lawyer at Fox, O’Neill & Shannon in Milwaukee. “It’s really worthwhile. You can vote early and find out if you have a problem. If you don’t have the proper ID or proof of residence, you can go get it and come back another day.”

5. If You Have a Felony Conviction, Check Your State’s Rules for Restoring Voting Rights

Voting rights for convicted felons depend on state election law.

Kane notes that the system is especially confusing in Florida, where the government has not made it easy for released prisoners to vote. Released prisoners can restore their voting rights if they pay restitution for their crimes. But it can be hard to find out what they owe and to whom to pay it.

On the flip side, as Kenney points out, the law is much easier to navigate in Massachusetts, where felons lose their right to vote only while they’re incarcerated and automatically regain it once they’ve completed their sentence.

If You’re Turned Away on Election Day, Ask for a Provisional Ballot

No matter how well you prepare, it’s still possible to run into a problem when you show up to vote. But you do have options. Generally, you can use a provisional ballot to vote if there is a problem with your ballot or registration.

“I’ve had clients where [poll workers] can’t find their name because there’s some kind of administrative error,” Bell says. “The polling place would tell them, ‘You don’t live here anymore. You’ve got to go back up to Jacksonville,’ and this is in South Florida. That is not feasible on election day. We had to get the director of the board of elections for the entire county involved to admonish the polling places. And they finally got to vote.”

If you’re certain you’re registered but turned away for any reason — such as a misspelling of your name on the voter registration roll or an incorrect listing of your political party in a primary — “Do not leave,” Kane says. Be polite but firm, and ask for a provisional ballot.

Federal election law guarantees the right to a provisional ballot. After the polls close, officials can verify your registration status and count your vote like any other. If you have any questions or if an election worker denies your opportunity to vote, call the 866-OUR-VOTE hotline.

So what can you do if you go to vote and are told you’re not eligible? “You have to insist,” says New York civil rights litigator Fred Brewington. “Be the most inquisitive person you can be. Ask all the questions that are in your head.”

Be Aware of Voter Suppression in Your State

The U.S. Supreme Court’s 2013 ruling in Shelby v. Holder limited the reach of the 1965 Voting Rights Act, giving states more power to create their own voting laws. According to civil rights attorneys, many state legislatures have made it harder for people to cast their ballots through actions like:

• Closing polls early
• Trimming early voting
• Creating complicated voter ID requirements
• Placing restrictions on absentee voting and mail ballots

Alleged voter suppression can take also other forms.

1. Gerrymandering

For example, gerrymandering involves manipulating the boundaries to create an advantage for one political party.

Jackson argues that the Supreme Court has opened the door to more gerrymandering. “States have been a little bit more aggressive about drawing districts in a way that they think protects their political parties or their interests,” Jackson says.

2. Voter Intimidation

Additionally, some voters report outright intimidation, such as threatening people approaching polling places. “I’ve heard stories about certain communities having the polling places surrounded by large dogs to keep people from walking up to the polling places,” says Kane.

Bell, who offers the video series Voting for Beginners, puts it this way: “We’re in the five-alarm fire stage on voting rights, and we have been for a while.”

3. Purging Voter Rolls

“One way voter suppression occurs is through massive voting purges, when people who the Secretary of State arbitrarily deems not to have voted frequently enough are being thrown off the voting rolls,” says Chandra.

“People show up to vote and they’re told, ‘You’re not on the roll anymore,’ and there’s literally nothing you can do about it at that point.”

4. Getting Directed to the Wrong Polling Place

Another way in which votes have been suppressed involves “playing games with polling places, where poll workers — who are government workers for the day — wind up misdirecting people to the wrong polling place or the wrong polling location within a polling place,” Chandra says. “Sometimes those votes are counted. Other times, they’re not .”

The misdirection could be as slight as directing someone to the wrong table. These and other barriers to voting affect some more than others. “Every single one of these schemes disproportionately affects poor, minority, urban voters,” Chandra says.

What To Do If You See Voter Intimidation

Outright intimidation, such as using harassing language or peering over your shoulder while you vote, is a felony in some states. Report intimidation to a nonpartisan poll watcher, legal volunteer, or the local police. “In recent elections, we’ve seen emotions running hotter and hotter,” says Kane.

If you see someone facing intimidation, Bell says, “You have a duty and responsibility to make sure they can get the proper help. We’re all citizens in it together. It’s not just about you.”

Election interference comes in many forms. Employers shouldn’t pressure workers to vote a certain way, even if it’s legal in that state. “It’s just not worth it,” Jackson says. “If you’re the employee, you should feel comfortable that your vote is your own.”

Voter Fraud Is Exceedingly Rare in the United States and Easily Detected

Although it’s become a political talking point, voter fraud is “exceedingly rare,” says Caitlyn Silhan, an attorney at Waters Kraus Paul & Siegel in Dallas. “There has been a lot of noise around the issue, but I think it is safe to say that it is essentially a non-issue. We are talking about an occurrence that translates to about 0.00006 percent of total votes cast.”

“These studies have concluded that voter fraud, both in person or by mail-in ballot, is so rare in this country that it happens in the general range, percentage-wise, of being struck by lightning,” Bell says. There are many precautions, including regular system checks and updates, designed to prevent fraud.

Find Experienced Legal Help to Protect Your Voting Rights

Voters need to be proactive in protecting their voting rights. Visit the Super Lawyers directory to find a voting rights attorney in your area for legal advice defending your civil right to vote.