Civil Rights Law

What Are the Requirements To Vote in Federal Elections?

Key Takeaways

  • You can vote in federal elections if you are a U.S. citizen over 18 and meet your state’s residency requirements.
  • Most states offer online registration, but you can also register by mail or in person.
  • Under federal law, voters must provide identification to register to vote, including your driver’s license or Social Security number.

Voting is a fundamental cornerstone of the American experience, but knowing how and where to vote in your district can be confusing. Before you head to the polls to vote next Election Day, ensure you understand what you need to vote legally in U.S. federal elections.

The U.S. government treats violations of election laws and voting rights very seriously. Speak with an experienced civil rights attorney for information about your voting rights.

Registering To Vote

Every state except North Dakota requires you to register before you can vote. Pay close attention to any voter registration deadlines so you don’t miss the cut-off.

You can vote in United States elections if you meet the following eligibility requirements:

  • You are a U.S. citizen by birth or naturalization
  • You meet your state’s residency requirements (you may still meet these requirements if you are homeless)
  • You are 18 years of age and registered to vote (most states will allow you to register to vote at 17 if you will be 18 before the general election)

You must be legally registered to vote in your jurisdiction for federal elections. State and local laws vary on what you must do to vote on Election Day. Check with your local Secretary of State’s website and election officials to learn about voting laws in your area. If you aren’t sure whether or not you’re officially registered to vote on record, you can check your status online.

Voter Registration Options

If you are a citizen of the United States, there are multiple voter registration options. Your registration options for the upcoming election include:

  • Register online: Most states offer online voter registration. The federal government has resources for online voter registration available through Vote.gov. The government has also made a helpful YouTube video to help guide first-time voters on how to register to vote.
  • Fill out a National Mail Voter Registration Form: The U.S. Election Assistance Commission website details a state-specific registration process using the mail-in form. This also includes essential information and mailing addresses. Along with online registration, this is an excellent service for voters with disabilities and older adults.
  • Register through your local Department of Motor Vehicles (DMV): You can update your registration status or register as a new voter through your local DMV, even if you aren’t getting a new license or taking a driving test.
  • Register at your local election office in person: Check your state’s government website to determine the proper location and timeframe.

Voter Registration Requirements

Under federal law, you have to provide identification to register to vote. Generally, you can prove who you are with your driver’s license number or state ID. If you don’t have a driver’s license, you can provide the last four digits of your Social Security number.

Many younger voters will be subject to the requirements of the Help America Vote Act (HAVA). HAVA applies to you if:

  • You have not registered to vote prior to 2002; or
  • You are re-registering to vote in a different location or country since 2002

When you register to vote, you must provide your driver’s license number or the last four digits of your Social Security Number (SSN).

You can still register if you don’t have a driver’s license or don’t know your Social Security number. If you don’t have a license or don’t know your SSN for the National Voter Registration Application Form, the state must assign a unique identification number and process the application.

Most states instruct you to write “NONE” on the form. The state will assign a unique identifying number. Some states allow you to establish your identity at the voting booth itself with one or more of the following types of documents:

  • A driver’s license or state identification card
  • Passport
  • Employee ID card
  • Student ID card
  • Military ID card
  • Utility bills
  • Bank statements
  • Paychecks

Check with your county election office for a complete list of the specific voter ID documents allowed by your state.

Provisional Voting

Even if you don’t provide proof of identity at the polling booth, you may still have the right to vote under HAVA. However, your vote will be provisional and not counted unless the state confirms your identity.

You are entitled to know whether the state counted your vote. The law requires each state to develop a system whereby provisional voters may access, for free, the status of their provisional vote. If your vote is not counted, the state must explain why your ballot was not tallied.

Absentee Voting

Specific registration requirements and deadlines to vote by absentee ballot vary from state to state. Some state have their elections entirely by mail. Other states offer mail-in voting to all eligible voters. However, many states require voters to request an absentee ballot to vote by mail. Check with your state requirements for absentee or early voting options.

If you serve in the military overseas or live abroad, you can get an absentee ballot. You can use the Federal Post Card Application (FCPA) to request an absentee ballot by mail.

Stand Up for Your Voting Rights

If you have accessibility problems or English-language limitations, contact your county government local election office. You can file a complaint or speak with someone who can help you at the polling place.

If your local election officials reject your registration or don’t let you vote, talk to a voting civil rights attorney about your legal options.

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