Who Can Vote in the US? A Legal Guide to Voting Eligibility

The basic rules for voter eligibility in the United States are simple: You must be a U.S. citizen, at least 18 years old, and a resident of the state where you vote. However, specific rules regarding voter registration, voter ID, or restoration of voting rights after a felony conviction can vary widely by state.

If you or a loved one has questions about your eligibility, restoring lost voting rights, or believes that voting rights have been wrongly restricted, consider contacting an experienced civil rights attorney in your area who can provide personalized legal advice.

Federal and State Law Work Together

Voting in the U.S. is governed by both state and federal law. Federal law sets nationwide standards. For example, the U.S. Constitution protects against denying the right to vote based on race, sex, or age, and the Voting Rights Act (VRA) of 1965 prohibits racial discrimination against voters.

States handle the details, such as how to register, whether you need an ID, and what deadlines apply. People in different states who meet the core requirements to vote may have to follow different rules under state laws.

Stand Up for Your Civil Rights

If your civil rights have been violated, use the Super Lawyers directory to find the best attorneys in your area to stand up for you and your rights.

Find a lawyer today

The Core Requirements To Vote

Across the United States, voters must meet a few baseline requirements, including:

1. You must be a U.S. citizen. This includes U.S. citizens born abroad who have never lived in the United States, as well as dual citizens living in the U.S. or abroad. U.S. citizens include those who were born citizens and those who became citizens through naturalization.
2. You must meet the voting age requirement. You must be 18 years old on or before election day. In almost every state, you can register to vote before you turn 18 if you will be 18 by election day. The rules for early voting and registration vary by state for those under 18.
3. You must be a resident of the state where you vote. You must meet your state’s residency requirements. It can become tricky for college students, people who move close to election day, or military members and Americans living abroad, but there are special rules to protect the right to vote, often through absentee ballots.
4. Most states require you to register to vote. You must register by your state’s voter registration deadline.

Your state or local election office is a great resource for basic information about who can and cannot vote.

Situations That Can Affect Your Eligibility

Even when you meet the core requirements to vote, certain circumstances can still limit your ability to vote. Knowing these details can help you address these issues, if possible.

Not a U.S. Citizen

Non-citizens cannot vote in federal, state, or most local elections. This includes permanent legal residents.

Some local jurisdictions have allowed non-citizens to vote in limited local contests, such as certain municipal elections. Only citizens of the United States are allowed to vote in federal elections.

Felony Convictions

Rules on whether people with felony convictions can vote vary widely by state:

• Some states never take away voting rights based on a criminal record (and even allow those incarcerated to vote)
• Other states suspend your right to vote while incarcerated, but restore it automatically upon release
• Some states require you to take additional steps to restore voting rights after conviction, including paying outstanding fines or applying for restoration

If you have a felony record, do not assume you cannot vote. In many cases, the right can be restored. The process depends on the voting laws of the state where you live after a felony conviction.

Recent Move and Address Change Voting Issues

Attempting to vote in an old polling place after moving can cause issues on election day. If you have moved or changed your address, you’ll update your voter registration form to reflect your current address or re-register in your new location, depending on local rules.

Name Change Complications

Your voter ID may not match your name if it has changed due to marriage, divorce, or another process. Updating your identification, such as a driver’s license, can help avoid delays at the time of voting.

Residents of U.S. Territories

The U.S. Constitution limits the right to vote in federal elections to U.S. states and Washington, D.C.

Residents of U.S. territories — including American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands — cannot vote for president or congressional representatives.

What About ID Requirements?

Millions of Americans of voting age lack documentation to satisfy photo ID laws. It is critical to know the ID requirements for your state before you go to the polls. The requirements vary widely.

Some states require a government-issued ID in order to vote. Others will accept a piece of mail with your name and address, such as a utility bill or bank statement. In some situations, voters may be asked to provide proof of citizenship.

In other states, you can cast a provisional ballot. You are allowed to vote, and the vote is counted only if election officials later confirm you were eligible to vote, and, if required, that you provided any necessary ID by the deadline. You may need to return within a few days with proper ID.

How To Verify Your Voter Eligibility

To avoid any surprises on election day, take steps to ensure you are registered to vote:

1. Confirm that your citizenship status and age meet the requirements
2. Verify your registration status with your state election office
3. Check your state’s registration deadlines and any ID requirements
4. Update your information if you have moved or changed your name
5. Look into the steps required for restoration if you have a felony conviction

Taking a few minutes to verify that you are a registered voter can help protect your rights and ensure you are ready to cast your vote on Election Day.

When To Talk to an Attorney

Voting rights can change, and the details of who can vote in the United States depend heavily on your state and your personal circumstances. For most individuals, eligibility, voter registration, and voting are straightforward. But others may benefit from a professional’s help.

If you or a loved one has questions about your eligibility to vote or believes that your voting rights have been wrongly restricted, consider contacting an experienced civil rights attorney in your area who can provide personalized advice.