VOTING RIGHTS TOOLKIT - American Bar Association
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VOTING RIGHTS TOOLKIT
The views expressed herein represent the opinions of the authors in their personal capacities.
They have not been approved by the House of Delegates or the Board of Governors of the
American Bar Association and, accordingly, should not be construed as representing the position
of the Association or any of its entities.
Second Edition: JULY 2021
AMERICAN BAR ASSOCIATION
CIVIL RIGHTS AND SOCIAL JUSTICE SECTION
VOTING RIGHTS TOOLKIT
TABLE OF CONTENTS
LETTER FROM 20-21 SECTION CHAIRPERSON...................................................................................... 1
DISCLAIMER ................................................................................................................................................ 2
I. INFORMATION AND TOOLS FOR USE BEFORE, DURING AND AFTER THE ELECTION
ABSENTEE / MAIL-IN BALLOT GUIDELINES BY STATE / TERRITORY ................................................ 4
VOTING RIGHTS REFERENCE GUIDE: HOTLINES AND CONTACT INFORMATION ......................... 10
VOTING INCIDENT REPORT / SAMPLE AFFIDAVIT .............................................................................. 13
II. IDENTIFYING VOTER SUPPRESSION AND PROTECTING VULNERABLE POPULATIONS
VOTER SUPPRESSION ............................................................................................................................. 15
LONG-TERM CARE FACILITY RESIDENTS ............................................................................................ 19
COLLEGE STUDENTS .............................................................................................................................. 21
INDIVIDUALS WITH DISABILITIES .......................................................................................................... 27
LANGUAGE ACCESS / LIMITED ENGLISH PROFICIENCY (LEP) ......................................................... 25
HOMELESSNESS / POVERTY .................................................................................................................. 33
JAILED / INCARCERATED VOTING ......................................................................................................... 30
NATIVE AMERICAN / ALASKAN NATIVE VOTING ................................................................................. 32
REDISTRICTING MATTERS ...................................................................................................................... 34
III. ADDITIONAL VOTING RIGHTS TIPS, TOOLS AND EDUCATIONAL RESOURCES
EDUCATIONAL RESOURCES / VOTING RIGHTS CURRICULA ............................................................ 36
AVOID PROBLEMS: SUGGESTIONS AND TIPS TO CONSIDER........................................................... 37
ABA VOTING RESOURCES BY ENTITY .................................................................................................. 39
NEW STATE AND LOCAL LAWS ............................................................................................................. 48
VOTING RIGHTS TOOLKIT: LIST OF CONTRIBUTORS ......................................................................... 51
LETTER FROM SECTION CHAIRPERSON
2020-2021 LEADERSHIP Section of Civil Rights
CHAIR
and Social Justice
Angela Jean Scott 1050 Connecticut Ave., NW, Ste 400
P.O. Box 47235
Windsor Mill, MD 21244
Washington, D.C. 20036
Tel.: 443-985-6298 Tel.: 202/662-1030
E-mail: angelascottesq@gmail.com
Fax: 202/662-1031
CHAIR-ELECT crsj@americanbar.org
Beth K. Whittenbury, Rancho Palos Verdes, CA americanbar.org/crsj
VICE CHAIR
Juan R. Thomas, Chicago, IL
Dear Community Leaders:
SECRETARY
Robin R. Runge, Washington, DC On behalf of the ABA Section of Civil Rights and Social Justice (CRSJ), I want to commend
BUDGET OFFICER you and your commitment to ensure that all eligible citizens can successfully vote during this
Richard Soden, Boston, MA 2020 election season. As we endure this global pandemic and all the challenges it brings to
SECTION DELEGATES voting, organizations and community leaders like you are vital in protecting this sacred
Paul R.Q. Wolfson , Washington, DC
Mark I. Schickman, San Francisco, CA
democratic right. As a part of our multi-component voting rights initiative, CRSJ has created
IMMEDIATE PAST CHAIR
the attached toolkit to provide technical assistance to you as you serve your community and
Wendy K. Mariner, Boston, MA our country in various ways.
COUNCIL
Nadia Ahmad, Orlando FL As CRSJ’s work centers around protecting and advancing the civil rights of vulnerable
Roula Allouch, Lakeside Park, KY
Daniel L. Appelman, Menlo Park, CA
populations, we have included information to help you identify some of the issues encountered
Melanie E. Bates, Washington, DC by these groups, including people with disabilities, those residing in long-term care facilities and
Fernande R. V. Duffly, Boston, MA
people with limited English proficiency to name a few. Some of your work has included voter
Richard T. Foltin, Washington, DC
Janel A. George, Washington, DC
education and registration, facilitating access to the ballot box and following up to determine
Pamelya Herndon, Albuquerque, NM whether votes are counted. Some of you are collecting information via incident reports when
John L. McDonnell, Jr., Orinda, CA
voters encounter obstacles or suppression tactics. This resource is intended to help you identify
Michelle A. McLeod, Washington, DC
Paul M. Smith, Washington, DC problems and find the information you need.
Mario A. Sullivan, Chicago IL
Cynthia A. Swann, Upper Marlboro, MD
Cathleen S. Yonahara, San Francisco, CA
It is important to note that the information contained in this toolkit is not legal advice. So once
you have identified the issues, it is up to you to verify the law and rules in your states and
SPECIAL COUNSEL localities to ensure your actions comply. This toolkit also contains links and contact information
Jason A. Abel, Washington, DC
to state and local government entities, along with legal organizations, to help you to obtain such
Henry Dixon, Bethesda, MD
Lacy L. Durham, Dallas, TX
information. As another component of our voting rights service initiative, CRSJ has also
Gerald B. Gardner, West Hollywood, CA partnered with the Lawyers’ Committee for Civil Rights Under the Law in election protection
Ainka M. Sanders Jackson, Selma, AL
work. If you or those you serve encounter challenges during this election cycle, please call 1-
HUMAN RIGHTS EDITORIAL
BOARD CHAIR
866-OUR-VOTE and a volunteer election protection attorney should be able to assist you. This
Jason M. Sengheiser, St. Louis, MO toolkit contains other hotlines and entities that may also be of assistance.
PUBLICATIONS CHAIR
Mathew Mecoli, New York, NY We welcome your suggestions so that we can update and add content to the online, accessible
BOARD OF GOVERNORS LIAISON version of this toolkit. Again, we are grateful for your work and we hope this toolkit is helpful
Howard T. Wall, III, Franklin, TN
with your efforts, even beyond November 3, 2020.
LAW STUDENT DIVISION MEMBER
Santana Velez, Philadelphia, PA
SENIOR LAWYER DIVISION MEMBER
Sincerely,
John K. Uilkema, San Francisco, CA
YOUNG LAWYERS DIVISION MEMBER
Emily R. Dindial, Brooklyn, NY
SECTION DIRECTOR Angela J. Scott, J.D., LL.M.
Paula Shapiro 2020-2021 Chair, Section of Civil Rights and Social Justice
ASSOCIATE DIRECTOR
Alli Kielsgard
PROGRAM ASSOCIATE
Ruchika Sharma
1
DISCLAIMER
The Civil Rights and Social Justice (CRSJ) Section of the American Bar Association has created this
educational resource toolkit to provide voting information with respect to the 2020 general election (the
“Voting Rights Toolkit”) and beyond. This Voting Rights Toolkit is continually under development to ensure
the maximum quality, objectivity, utility, and integrity of the information provided. It will be updated
periodically as needed. This Voting Rights Toolkit is not legal advice. The CRSJ Section does not warrant
or assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any
information, apparatus, product, or process disclosed.
This Voting Rights Toolkit may reference associations, organizations, agencies, individuals, and websites
that are created and maintained by other public and private entities or parties. Please know that the CRSJ
Section does not control or guarantee the accuracy, relevance, timeliness, or completeness of such outside
information. Additionally, the inclusion of a particular website, individual, agency or organization is not
intended to reflect its importance, nor is it intended to endorse any views expressed therein or products and
services offered thereby.
The official text for this Voting Toolkit is the English text. Any translation of the information contained in this
Voting Rights Toolkit into languages other than English is intended solely as a convenience to the limited
English proficient or non-English-reading public and any differences in the translation are not binding and
have no legal effect.
2
ABSENTEE/MAIL-IN BALLOT GUIDELINES BY STATE/TERRITORY
**Please note that this information is available in an ADA accessible format via www.americanbar.org/crsj**
3
4
5
6
7
Contributor/Author: Information Compiled by Bryan E. Hull, Esq.
Source(s): Sources for content (official website for each state board of election) are linked. Additional sources utilized for cross-reference: https://www.brookings.edu/research/voting-
by-mail-in-a-pandemic-a-state-by-state-scorecard/ and https://ballotpedia.org/Absentee/mail-in_voting.
Information last updated/verified: October 13, 2020.
**Please note that this information is available in an excel sheet accessible format via www.americanbar.org/crsj
8VOTING RIGHTS REFERENCE GUIDE:
HOTLINES AND CONTACT INFORMATION
ELECTION PROTECTION
1-866-OUR-VOTE (866-687-8683)
https://866ourvote.org/
ACLU – KNOW YOUR VOTING RIGHTS
https://www.aclu.org/know-your-rights/voting-rights/
ASIAN AND PACIFIC ISLANDER AMERICAN VOTE
1-888-API-VOTE (1-888-274-8683)
English, Bengali, Cantonese, Hindi, Korean, Mandarin, Tagalog, Urdu and Vietnamese
https://www.apiavote.org/voter-hotline
ROCK THE VOTE:
Call 866-OUR-VOTE
Text OUR VOTE to 97779
https://www.rockthevote.org/about-rock-the-vote/contact/
ASIAN AMERICANS ADVANCING JUSTICE - AAJC
1-888-API-VOTE or 1-888-274-8683
English, Bengali, Cantonese, Hindi, Korean, Mandarin, Tagalog, Urdu and Vietnamese
https://www.advancingjustice-aajc.org/index.php/hotline
LAWYERS’ COMMITTEE FOR CIVIL RIGHTS UNDER LAW
1-866-OUR-VOTE (English)
1-888-VE-Y-VOTA (Spanish/English)
1-888-API-VOTE (multiple Asian languages/English)
1-844-YALLA-US (Arabic/English)
https://lawyerscommittee.org/problems-at-the-polls-non-partisan-toll-free-hotline-866-our-vote-available-
now-through-election-day/
NATIONAL ASSOCIATION OF DEAF - ASL VOTER HOTLINE
1-301-818-VOTE
https://www.nad.org/asl-voter-hotline/
9STATE VOTER HOTLINES
Alabama 1-800-274-VOTE (8683)
Alaska 1-866-952-VOTE (8683)
Arizona 1-877-THE-VOTE (8683)
Arkansas 1-800-482-1127
California 1-800-345-VOTE (8683)
Colorado 303-894-2200
Connecticut 1-800-540-3764
Delaware 302-739-4277
District of Columbia 1-866-DC-VOTES
Florida 1-877-868-3737
Georgia 1-877-725-9797
Hawaii 1-800-442-VOTE (8683)
Idaho 208-334-2300
Illinois 217-782-4141
Indiana 1-800-622-4941
Iowa 1-888-767-VOTE (8683)
Kansas 1-800-262-VOTE (8683)
Kentucky 1-800-246-1399
Louisiana 1-800-722-5305
Maine 207-624-7650
Maryland 1-800-222-VOTE (8683)
Massachusetts 1-800-462-VOTE (8683)
Michigan 1-888-767-6424
Minnesota 1-877-600-VOTE (8683)
Mississippi 1-800-829-6786
Missouri 1-800-669-VOTE (8683)
Montana 1-888-884-VOTE (8683)
Nebraska 1-800-727-0007
Nevada 775-684-5705
New Hampshire 603-271-3242
New Jersey 1-877-NJVOTER
TTY: 1-800-292-0039
New Mexico 1-800-477-3632
New York 1-800-367-VOTE (8683)
North Carolina 1-866-522-4723
10North Dakota 1-800-352-0867
TTY: 1-800-366-6888
Ohio 1-877-767-OHIO (6446)
Oklahoma 405-521-2391
Oregon 1-866-673-VOTE (8683)
Pennsylvania 1-877-868-3772
Rhode Island 401-222-2340
South Carolina 803-734-9060
South Dakota 1-888-703-5328
Tennessee 1-877-850-4959
Texas 1-800-252-VOTE (8683)
Utah 1-800-995-VOTE (8683)
Vermont 1-800-828-2363
Virginia 1-800-552-9745
Washington 1-800-448-4881
West Virginia 1-866-767-VOTE (8683)
Wisconsin 1-866-VOTE-WIS
Wyoming 307-777-5860
*** Please note that there are U.S. Citizens residing in U.S. territories, including Puerto Rico, Guam,
American Samoa, Northern Mariana Islands and U.S. Virgin Islands, who also have the right to vote. If
eligible voters residing in these territories encounter issues voting, they can contact 1-866-OUR-VOTE for
assistance and/or the United States Department of Justice Civil Rights Division at 1-800-253-3931 or
(202) 307-2767. Issues can also be reported to a local election official's office (e.g. co auditor, elections
manager, board of elections). Searches for email and phone numbers can be conducted
here: https://www.fvap.gov/search-offices.***
Contributor/Author: Information compiled by Mario Sullivan, Esq.
Source(s): Sources are linked. Information cross-referenced via https://m.npmhu.org/legislative/state-voter-hotlines
Information last updated/verified: October 24, 2020.
11VOTING INCIDENT REPORT/SAMPLE AFFIDAVIT
A community organization that services individuals who are members of vulnerable populations is often the
first point-of-contact for a voter who may be experiencing voter suppression or other obstacles to exercising
the right to vote. Additionally, an organization may assist such individuals with ensuring that an absentee
ballot has been received and counted by the applicable state board of elections. For these reasons or other
reasons not stated here, the organization may need to collect information from these voters in a structured
way. The following sample affidavit is designed to facilitate the collection of relevant information. Moreover,
if there are any adverse incidents, an affidavit might prove useful or necessary to attorneys and other legal
representatives who may later represent the interests of these individuals who experienced challenges
while voting. Typically, there are certain details that attorneys need when collecting information to prepare
complaints for example. While there are jurisdictional differences, the sample affidavit provided may be
useful for these purposes. Please know that this affidavit serves as only a “sample” and, without further
review state specific particularities or requirements in your jurisdiction, it may not be legally sufficient. It is
ultimately your responsibility to ensure its compliance with applicable laws if you intend to use it for purposes
beyond data collection.
Source: Sample Affidavit appearing on the next page is original content created by Janet Green Marbley, Esq.
Information last updated/verified: September 2020
12[AFFIDAVIT – SAMPLE]
This affidavit is my sworn statement of problems, irregularities, or other issues experienced before, during,
or after my attempt to exercise my right to vote.
This affidavit must be signed in the presence of a notary. I understand that a false report could subject me
to criminal and/or civil penalties under both state and federal law.
Instructions: Please print or type clearly. If a question does not apply to you, please indicate that by entering
“N/A.” You may attach additional sheets to this report if necessary.
Full Name:
Address:
City: County:
State: Zip:
E-mail:
Home Phone:
Work Phone:
Cell Phone:
1. Are you a registered voter? Yes No
If yes, where (city, county & state) are you registered to vote?
City
County
State
Date of Registration (if known)
2. If you are not registered to vote and were prevented from registering, please describe in detail what
happened to prevent you from registering to vote.
3. Did you experience problems while attempting to exercise your right to vote? If yes, please describe
in detail. Please include dates, time, and place.
134. Were you permitted to cast your vote? If not, please explain in detail what happened to prevent you
from casting your voting.
5. Did you experience problems after casting your vote? (Please explain in detail.)
6. What additional action or steps (other than this report) have you taken as a result of the problems
you experienced?
7. Did any person(s) witness the incident described in this report? If so, please provide the name(s)
and contact information for each witness.
8. Please provide any additional information related to your voting experience, and any problems you
experienced before, during, or after attempting to exercise your right to vote.
By signing this report, I certify that each of the above statements are true. I understand that if any of the
statements are willfully false, I may be subject to punishment under applicable law.
Signature:
Print Name
Date:
Notary Public
Expiration Date
14VOTER SUPPRESSION
Voter suppression can be experienced in many different forms. Some examples consist of actions, policies
and/or laws that result in discouraging, creating challenges and even preventing certain individuals or
groups from exercising the right to vote. Regardless of whether the actions are legal, organizations and
individuals should be able to identify forms of voter suppression when the need arises. Views differ on
exactly what constitutes voter suppression, but the Voting Rights Alliance has identified the following list,
titled “61 Forms of Voter Suppression,” that represents some of the potential barriers to exercising the right
to vote that are particularly problematic to some members of vulnerable populations.
61 FORMS OF VOTER SUPPRESSION
1. Strict photo identification (ID) laws for voters
2. Closing of offices for the applicable department of motor vehicles in states with strict voter ID
laws
3. Failure to accept government-issued state university and college student IDs
4. No option for early voting
5. Early voting cuts (e.g., decreased budget and/or locations)
6. No Sunday “Souls to the Polls” early voting
7. Harsh requirements/punishments for voter registration groups
8. Tough Deputy Registrar (or equivalent official) requirements
9. Harsh voter registration compliance deadlines
10. Failure to timely process voter registrations
11. Restrictions on Election Day (same day) registration
12. Polling place reductions or consolidations
13. Polling place relocations
14. Inadequate or poorly trained staffing at polling sites
15. Inadequate number of functioning voting machines, optical scanners, or electronic polling
books
16. Running out of ballots at polling sites
17. No paper ballots available
18. Failure to accept Native American tribal IDs.
19. Barring Native American voters through residential address requirements for Native American
lands which have P.O. Boxes
20. Failure to place polling sites on Native American lands
21. Refusal to place polling sites on college campuses
1522. Lack of available public transportation to polling sites
23. Excessive voter purging
24. Disparate racial treatment at polling sites
25. Student voting restrictions (such as, residency requirements)
26. Ex-felon disenfranchisement laws
27. Requiring the payment of fines or fees as condition of the restoration of voting rights
28. Failure to inform formerly incarcerated persons of their voting rights or eligibility to vote
29. Excessive use of inactive voter lists
30. No public outreach or notification to voters placed on inactive lists
31. Language discrimination (or failure to accommodate)
32. Lack of language-accessible materials
33. Failure to accommodate voters with disabilities
34. No disability accessibility
35. No curbside voting
36. Not enough disability-accessible voting equipment
1637. Barriers to assistance by family members or others for voters requiring assistance
38. Deceptive practices (e.g., flyers and robocalls)
39. Voter intimidation (e.g., impersonating law enforcement personnel or immigration officers)
40. Police at polling sites
41. Racial gerrymandering
42. Creating polling site confusion by splitting Black precincts
43. Partisan gerrymandering
44. Barriers for to registration for voters experiencing homelessness
45. Voter caging (e.g., use of one-time post cards/mailers)
46. Voter challenges at polling sites
47. Voter challenges to voter registration lists
48. Use of suspense lists
49. Absentee ballot short return deadlines
50. Exact match requirements for signatures or other information
51. Complicated absentee ballot requirements
52. Proof of citizenship laws
53. No vote counted if out-of-precinct requirements
54. Failure to pre-register 17-year-olds
55. Restrictions on straight-party voting
56. Interstate voter registration crosscheck system
57. Jailed persons denied the right to register and/or vote before conviction
58. Department of Justice demanding voter records
59. Employers not providing time off or enough time to exercise the right to vote
60. Failure to assist or accommodate voters displaced by natural disasters
61. Long lines
Contributor/Author: Barbara Arnwine, Esq. and the Transformative Justice Coalition
Source: The 61 Forms of Voter Suppression is original content © 2019 Barbara Arnwine All rights reserved.
https://www.votingrightsalliance.org/forms-of-voter-suppression
17The following sections highlight issues with regard to particular populations.
Keep in mind that we have attempted to summarize the rules, some of
which may be different in different states. It is also important to know that
the operation of elections in reality may not always conform to the rules.
Knowing your rights is the best way to guarantee that you can vote.
18LONG-TERM CARE FACILITY RESIDENTS
Individuals residing in nursing homes and other long-term care (“LTC”) facilities may face special challenges
in exercising their right to vote. These challenges are exacerbated due to COVID-19, which has left many
without access to friends and family who might assist with voting.
This section provides an overview of the rights of LTC residents, and then suggests some steps that can
be taken to help residents vote:
Four things to know about LTC residents’ voting rights:
1. LONG-TERM CARE RESIDENTS HAVE A RIGHT TO VOTE.
People do not lose their constitutional right to vote merely because they become residents of
nursing homes or other LTC Facilities.
2. A DIAGNOSIS OF DEMENTIA DOES NOT REMOVE A PERSON’S RIGHT TO VOTE.
Only a judge can remove that right. The ABA Commission on Law and Aging offers this useful
guide to helping individuals with cognitive disabilities:
(https://www.americanbar.org/content/dam/aba/administrative/law_aging/2020-voting-guide.pdf).
3. LTC RESIDENTS WHO ARE DISABLED OR BLIND HAVE A RIGHT TO RECEIVE HELP IN
READING OR MARKING THEIR BALLOT.
Section 208 of the Voting Rights Act gives individuals who need help with voting by reason of
blindness or disability the right to have a person of their choice assist them with doing so. Statutory
bans on staff providing such assistance are inconsistent with the Voting Rights Act, as a federal
court recently found.
194. LTC RESIDENTS WHO LIVE IN NURSING HOMES THAT RECEIVE FEDERAL MONEY ARE
ENTITLED TO HAVE STAFF HELP WTH VOTING.
Under the federal Nursing Home Reform Act, nursing homes that accept Medicaid or Medicare
funds must support residents in the exercise of their rights as citizens of the United States. That
includes supporting their right to vote, as the Centers for Medicare and Medicaid Services detailed
in an October notice.
What individuals can do to help residents vote.
1. Share information about resident rights. Share the above “four things to know” widely.
2. Share information about election procedures and policies. Residents are more likely to be
able to vote if they know what procedures are available to them, and if those supporting
them (including family, friends, and staff) know too. Key entities to make sure have good
information include: (1) LTC staff, including the administrator, director of activities, and
social workers; and (2) local aging service providers, including state and local Offices of
the Aging.
3. Engage with LTC ombudsmen. Ombudsmen can provide residents with election-related
information and serve as advocates for residents who wish to vote.
4. Help residents obtain and return mail-in ballots, or vote in-person at the polls. Many LTC
residents are unable to request or return ballots without assistance, in part because of
limited access to the internet and to the mail. Note that the procedures and requirements
for providing such help vary by state.
5. Serve as an election official or poll worker. A number of states have procedures in place
for election officials to conduct supervised voting in LTC facilities. These procedures
depend on individuals stepping up to help.
6. Connect those having trouble with an expert. If you know someone who is having trouble
exercising their right to vote, contact an expert or help them to do so. One resource is 1-
866-OUR-VOTE, a hotline run by the national, nonpartisan Election Protection coalition.
Section 208 of the Voting Rights Act
gives the blind and visually impaired
the right to have the person of their
choice assist them at the polls.
Contributor/Author: Nina Kohn, Esq. and Essita Holmes Duncan, Esq.
Source: Original content authored by Nina Kohn, Esq and Essita Holmes Duncan, Esq.
Information last updated/verified: October 26, 2020.
20COLLEGE STUDENTS
Approximately 19 million students are enrolled in U.S. colleges, representing an essential voting base with
the potential to shift the outcomes of our elections. Historically, older generations have voted at higher rates
than younger voters, yet there has been progress in youth voter turnout in recent elections. In the 2018
midterm election, a study completed by CIRCLE found that in the 42 states that report youth voting data,
every single state had a youth voter turnout increase since the 2014 midterm election. The generational
makeup of the United States will change dramatically in the future, and that is projected to have potentially
profound effects on future elections. Yet, college-aged students often face significant challenges when
attempting to vote.
A student attending college out of state, can register to vote in either their home state or where they attend
college, but cannot be registered in both locations. If the decision is to register in their home state, they will
need to sign up for an absentee ballot. Absentee ballot regulations vary by state, therefore it is imperative
to properly research state processes. Voters have the right to vote in any state where they have a temporary
or permanent residence, but they must only vote in one state.
For students who are studying abroad, they have a specific set of requirements to meet as an absentee
voter depending upon the state of residence within the United States. While this process may seem
daunting, there are a number of resources available to safeguard the registration and voting process.
Here is a list of hurdles that students may face, and proactive resolutions to ensure that every college
student that wants to cast a vote is successfully able to do so:
Changing State Voter Registration:
Students going to school out-of-state will have the option of voting in either their home state or in the state
of their college or university. Students making this decision may want to consider where they feel most
connected to the issues in the area, as well as where their vote will have the largest impact. Some students
become deeply ingrained in the communities around their schools and hope to influence them through
voting in these local elections, while others may feel more strongly tied to their community back home.
When considering where a vote will have the most impact, looking at which state or municipality is more
likely to be a close race can be helpful. Once a student decides in which state they will vote, they can go to
their state election commission for information on registration or use an online voter tool to determine their
deadline(s) and initiate the process of registering and casting their ballot.
Meeting Registration Deadlines:
Some states require voter registration to be completed up to 30 days before an election begins. For college
freshmen who have never before cast a vote and are still adjusting to the first few months of college, the
requirement to register to vote far in advance is often not a consideration. However, while some states have
restrictive laws forcing voters to register a month in advance, other states are very lenient about voter
registration. Proactively researching the specifics of state laws that vary so widely regarding voter
registration helps ensure that everyone who wants the chance to vote will have the opportunity to do so.
Absentee Voting:
Students who choose to vote in their home state while away at school often don’t have the opportunity to
return home to vote in person. Absentee voting offers them the chance to remain engaged in their home
communities from afar, but it requires being proactive in order to allow time for requested ballots to arrive
and be mailed back in time to be counted. After registering, students can request absentee ballots to be
sent to their campus addresses. Some states have specific requirements regarding what excuses are
accepted to receive an absentee ballot. Voters should check their state’s requirements to ensure they can
receive a ballot by mail.
21For students who are studying abroad, they will be required to complete a Federal Post Card Application
(FPCA), print and sign the application, and mail it to the local election office in their state of residency. With
a processed FPCA, a blank ballot will be received (usually via email or fax). For the vote to be cast, the
ballot must be returned via first-class mail to the appropriate election office by Election Day. The status of
absentee registration and ballots are available online. While this process may seem daunting, there are a
number of resources available. If a ballot is requested and has not been received 30 days prior to the
election, the Federal Voting Assistance Program offers an emergency back-up ballot to ensure the votes
of U.S. citizens abroad are counted.
ID Laws:
One of the last steps in the voting process, showing up to vote with everything you need, can be the most
restrictive for college students. Voter ID laws vary widely from state to state. States like Maryland, California,
and Minnesota require no documents to vote, while Wisconsin, Georgia, and Alabama all have
requirements for acceptable forms of identification. The out-of-state licenses many college students voting
hold are only accepted if the voter registered within the past 90 days. In North Carolina, and other states
with restrictive voting laws, getting a voter ID issued by the county election board is a simple solution. Make
sure to check your state election website to ensure you have the proper form of identification before you
head to your polling place.
Changing polling locations:
It is very common for students to move on a yearly basis, such as transitioning from a dorm to a new
apartment or moving to a different part of town in the beginning of a school year. When these changes
occur, students may not be fully aware that their polling location may have changed since the last time they
voted. Even when a student moves only a few blocks away, they may be directed to a different voting site.
Luckily, there are many websites available for students to access information about where to vote. There
are comprehensive databases where students can enter their new address to confirm their polling location,
ensuring that students know exactly where to go even after moving into a new apartment, dorm, or house.
There are many resources to help students proactively stay educated about where they should vote.
The Campus Vote Project and Rock the Vote have become the go-to sites for many college students to
find state-specific voting and voter registration information.
ADDITIONAL RESOURCES:
Accredited Schools Online
Alliance for Youth Action
Campaign Legal Center
National Conference of State Legislatures
19 million students in U.S. colleges
represent an essential voting base
with the potential to shift the
outcomes of our elections.
Contributor/Author: Information compiled by Dr. Cynthia Swann, Esq.
Sources are linked. Original content authored by Dr. Cynthia Swann, Esq.
Information last updated/verified: October 26, 2020.
22INDIVIDUALS WITH DISABILITIES
FEDERAL ELECTIONS
Accessibility is the law. Under federal law, including the Americans with Disabilities Act (ADA) and the Help
America Vote Act (HAVA), disability discrimination is prohibited in all aspects of the voting process,
including voter registration, polling site selection and the casting of ballots.
Election officials, including poll workers, must help an individual exercise their right to vote, if it is possible
to do so. Election officials must ensure that their voting systems are readily accessible to people with
disabilities. Simply allowing curbside voting, for example, would not be enough to meet the accessibility
requirements set forth under the ADA or HAVA. Reasonable modifications must be made to rules and
policies, if needed to help people with disabilities register or vote. Accessibility requirements apply on both
Election day and during an early voting process.
In federal elections, every polling site must have at least one voting system that allows voters with
disabilities to vote privately and independently. Usually, this is a machine that can read the ballot for people
with vision disabilities or dyslexia and allows voting by pushing buttons for people with mobility disabilities.
Under federal law, voters with disabilities and voters who have difficulty reading or writing English have the
right to receive in-person help at the poll sites from the person of their choice, including a family member
or caregiver. Typically, this helper cannot be the voter’s employer, an agent of the voter’s employer, or an
agent or officer of the voter’s union. The helper must always respect the voter’s privacy by not looking at
the voter’s ballot unless the voter asks. At all times during the voting process, the helper must respect the
voter’s choices and may not substitute his or her own choices for the voter’s or make assumptions about
the voter’s choices.
23A voter with a mental disability cannot be turned away from any poll site simply because a poll worker thinks
the individual is not “qualified” to exercise the right to vote. Further, a diagnosis of a cognitive impairment
is not, within itself, disqualifying. For more information about the voting rights of individuals with cognitive
impairments, please read the ABA Commission on Law and Aging 2020 Voting
Guide. https://www.americanbar.org/content/dam/aba/administrative/law_aging/2020-voting-guide.pdf.
OPTIONS TO CONSIDER FOR VOTERS WITH DISABILITIES
Bring one of the persons described above to assist with exercising the right to vote.
If someone will be assisting, let the poll workers know upon check-in. The poll worker may ask the voter to
swear under oath of the asserted disability and confirm that the voter has asked that person to assist. The
helper may also be required to sign a form swearing that they did not tell the voter how to vote.
If there are long lines and an individual has a physical or mental health condition or disability that makes it
difficult to stand in line, tell a poll worker. If it is hard to stand, a poll worker should provide a chair or a place
to sit until a poll becomes available. If the crowds or noise creates an issue for the individual with a disability,
election officials can find a quiet place for the individual to wait and retrieve the voter when it is their turn to
vote.
If an individual is unable to enter your polling site because the pathway is not fully accessible, ask the poll
workers for curbside assistance. Also, call 1-866-OUR-VOTE to report the issue. Trained attorneys can
assist and make sure that other voters do not experience the same problem.
If an individual has difficulty using the materials provided to make ballot selections, review, or cast the ballot,
inform a poll worker, and ask for the help needed.
ADDITIONAL RESOURCES
https://www.ada.gov/ada_voting/ada_voting_ta.htm
https://www.justice.gov/crt/help-america-vote-act-2002
https://www.nonprofitvote.org/voting-in-your-state/special-circumstances/voting-with-a-disability/
https://www.justice.gov/file/69411/download
Under federal law, disability
discrimination is prohibited in all
aspects of the voting process.
Contributor/Author: Regina Hines, Esq.
Source: The Voting Rights Act of 1965 (52 U.S.C. §§ 20901–21145), the Americans with Disabilities Act of 1990 (42 U.S.C. §
12101); the Help America Vote Act of 2002 52 U.S.C. §§ 20901–21145. Original content by Regina Hines, Esq.
Additional sources are linked. Information last updated/verified: October 26, 2020.
24LANGUAGE ACCESS/LIMITED ENGLISH PROFICIENCY (LEP)
Language barriers at the poll sites remain a major hurdle for many voters. Voting materials, and the voting
process, can be difficult for fluent and non-fluent English speakers to navigate. Voters for whom English is
a second language may want or need language assistance in order to exercise the right to vote, including
having access to translated materials and bilingual poll workers. Federal, state, and local laws can provide
these voters with needed assistance when voting.
LANGUAGE NEEDS BY THE NUMBERS
There are 67.8 million people in the United States of America who speak a language other than English at
home, representing 22% of the overall population (or, stated another way, more than 1 in 5 persons speaks
a language other than English at home).1
Additionally, 25.5 million people in the United States of America were limited English proficient in 2019,
representing over one-third of those who spoke a language other than English at home. 2 LEP rates for
some of the languages currently covered by Section 203 (see below for more details about Section 203): 3
1
U.S. Census Bureau, Table S1601 Language Spoken At Home, 2019 American Community Survey, 1 Year Estimate,
https://data.census.gov/cedsci/table?q=language&tid=ACSST1Y2019.S1601&hidePreview=true.
2
U.S. Census Bureau, Table B16001 Language Spoken at Home by Ability to Speak English for the Population 5 Years and Older,
2019 American Community Survey, 1 Year Estimate,
https://data.census.gov/cedsci/table?q=english%20ability&tid=ACSDT1Y2019.B16001&hidePreview=true.
3
Id.
25Language LEP Rate
Spanish 38.6%
Hindi: 17.7%
Bengali: 41.1%
Chinese (incl. Mandarin, Cantonese): 52.0%
Korean: 51.0%
Vietnamese: 56.9%
Tagalog (incl. Filipino): 29.6%
Navajo: 25.5%
LANGUAGE PROVISIONS IN THE VOTING RIGHTS ACT (VRA)
The VRA lists several methods to protect and provide access to LEP voters.4
• The VRA prohibits literacy- and language-based voting qualifications or prerequisites.
• Section 2 prohibits any voting standard, practice, or procedure that results in the denial or
abridgement of the right of any citizen to vote on account of race, color, or membership in a
language minority group.
• Section 203 requires covered jurisdictions [i.e., a state or single political subdivision (usually a
county, but a township or municipality in some states)] to provide language assistance during
elections for groups that meet certain population and literacy requirements. Section 203 only
applies to four covered language groups – Latinos, Asian Americans, American Indians and Alaska
Natives.
• Section 4(e) requires that language materials and assistance be provided to Puerto Rican voters
who attended schools in which the predominant language of instruction was not in English.
• Section 208 allows voters requiring assistance to vote by reason of blindness, disability or inability
to read or write the right to have someone of their choice assist them in the voting process as long
as the assistor is not one’s employer or union representative.
SECTION 203 LANGUAGE ASSISTANCE
The most recent reauthorization of the VRA in 2006 extended Section 203 through 2032, and
determinations were adjusted to occur every 5 years instead of 10. The most recent determinations were
made in 2016, with the next round of determinations expected in 2021.
Under the 2016 determinations5, 263 jurisdictions and 3 states in the U.S. were covered by Section 203,
with 53 jurisdictions newly covered.6
4
See language access chapters authored by Terry Ao Minnis in each edition of the ABA Election Handbook for more details about
these provisions and issues related to language access.
5
A list of the jurisdictions covered for which language(s) can be found here: https://www.govinfo.gov/content/pkg/FR-2016-12-
05/pdf/2016-28969.pdf.
6
U.S. Census Bureau, Summary and comparison tables of the December 5, 2016 Section 203 determinations,
https://www2.census.gov/programs-surveys/decennial/rdo/tables/2016/section-203-determinations/5-section203-comparisons-
december5-2016.xlsx.
26• American Indian/Alaska Native languages – 57 jurisdictions
• Asian languages – 45 jurisdictions
• Spanish – 217 jurisdictions
Determined jurisdictions must provide assistance in the covered language throughout the election process
(i.e. language assistance must be provided at “all stages of the electoral process, from voter registration
through activities related to conducting elections, including, for example the issuance, at any time during
the year, of notifications, announcements, or other informational materials concerning the opportunity to
register, the deadline for voter registration, the time, places and subject matters of elections, and the
absentee voting process.”)7
COMMON ISSUES FACING LEP VOTERS
• Noncompliance with Section 203 requirements to provide language assistance (e.g. failure to
provide bilingual poll workers, translated materials such as ballots or signage, or provide the same
vote-by-mail information or opportunities in languages other than English)
• Noncompliance with Section 208 (e.g. poll workers not allowing voters to bring in someone of their
choice – not their employer or union representative – to assist them in the voting booth)
• Discrimination against LEP voters (e.g. segregating LEP voters into a separate line)
• Voter Harassment/Intimidation and Voter Challenges (e.g. third-party harassment or voter
challenges because of language ability or membership in a language minority group)
For problems experienced by LEP voters you can call the hotlines referenced in this toolkit.
ADDITIONAL RESOURCES:
https://www.eac.gov/election-officials/language-access
https://www.advancingjustice-aajc.org/language-rights-voting (for translated factsheets on Section 203 and
Section 208 and joint language access guides)
https://advancingjustice-aajc.org/sites/default/files/2016-12/Section%20203%20Coverage%20Update.pdf
67.8 million people in the United
States speak a language other than
English at home.
Contributor/Author: Terry Ao Minnis, Esq.
Source: Original Content by Terry Ao Minnis. Sources are cited and/or linked.
Information last updated/verified: October 25, 2020.
7
Dept. of Justice, Civil Rights Division, Implementation of the Provisions of the Voting Rights Act Regarding Language Minority
Groups." 28 C.F.R. Part 55, https://www.justice.gov/crt/page/file/927236/download.
27INDIVIDUALS WHO ARE HOMELESS
Individuals who are experiencing homelessness have a right to register to vote in all 50 states, unless
otherwise prohibited. The following information is useful for those experiencing homelessness or assisting
members of the homeless population.
RESIDENCY
Individuals will be required to list a physical address and mailing address. This requirement is to ensure the
individual is voting in the correct precinct.
While residency requirements are state specific, generally, the individual will be required to list or describe
where the individual sleeps. Alternatively, some states allow these individuals to use the address of a
shelter or a friend’s home, or a street corner or park as a residence, as their residence. Further, in some
states, it is permissible to draw a map or diagram depicting where the individual lives. If the individual sleeps
outside, some states will allow a written description of its location. For example, "On the NW corner of
Wyman Park near the intersection of 29th Street and Charles Street."
If an individual needs proof of residence but does not have documentation, some states will allow a
registered voter from the same precinct to sign an oath confirming the individual’s residence.
If the individual resides in a shelter, some states will allow a staff person to accompany the individual to the
polling site to confirm residence at the shelter.
If already registered, the individual may verify registration status by checking with the local election
authorities, such as the applicable secretary of state or board of elections.
28IDENTIFICATION
Each state has different identification requirements as well. Remember to check with the applicable state
or election office concerning the acceptable form(s) of identification for registration and voting. Most state
registration forms will ask the voter to provide an identification card number or social security number.
For an unofficial check, the following pages offer election information for requirements in all 50 states,
including residency and identification requirements.
https://www.vote.org/am-i-registered-to-vote/ or https://www.vote411.org/
ADDITIONAL RESOURCES
https://endhomelessness.org/every-one-votes-you-have-a-stake-in-elections/
https://nationalhomeless.org/projects/vote/legalissues.html
https://www.nonprofitvote.org/voting-in-your-state/special-circumstances/voting-and-homelessness/
https://www.ncsl.org/research/elections-and-campaigns/same-day-registration.aspx
https://www.ncsl.org/research/elections-and-campaigns/felon-voting-rights.aspx#Table%20Two
Contributor/Author: Charles Sydnor, III, Esq.
Source: Sources are linked. Original content authored by Charles Sydnor, III, Esq.
Information last updated/verified: September 2020.
29PERSONS WITH CRIMINAL RECORDS
The following information may be helpful for individuals and organizations assisting convicted felons or
individuals who are jailed, incarcerated or on probation to exercise the right to vote. Always confirm the
applicable law and do not assume that incarcerated individuals cannot vote.
CAN PEOPLE WHO ARE IN JAIL VOTE?
• Two-thirds of people in local jails are being held pretrial and, therefore, are legally presumed
innocent. Pretrial detention does not disqualify someone from voting.
• People in jail who are serving sentences have typically been convicted of minor offenses called
misdemeanors. Very few states disenfranchise the voting rights of people serving time for
misdemeanor convictions.
• Although some people in jail may be disenfranchised for reasons independent of their current
detention (e.g., a prior felony conviction or being on probation/parole in a different case), not all
states disenfranchise people on probation or parole.
• There are two states (Vermont and Maine) that allow citizens to vote while incarcerated.
BARRIERS TO VOTING INCLUDE:
• Confusion about eligibility status
• Registration-related obstacles
• Ballot-casting issues
ADVOCATES AND COMMUNITY ORGANIZATIONS CAN DO THE FOLLOWING:
• Combat confusion about voting rules and eligibility through advocacy and education
• Contact local election officials and sheriffs about the voting rights of people in jail
• Review election resources to ensure that clear, accurate, and comprehensive information about all
forms of criminal disenfranchisement laws is included
• Conduct voter registration drives in jails, and empower the incarcerated to vote in jail-based polling
stations or to access absentee ballots where in-person voting is not available
• Provide training for any election workers or volunteers who will visit the jail to ensure compliance
with jail rules and cultural competency in interacting with incarcerated people
• Monitor/provide outside support via hotlines, for jail-voting process
HOW DO I VOTE FROM JAIL?
Become familiar with state laws as it relates to responding to FAQs in your state:
Q: Who in jail can vote in [insert state]? Can I vote if I have entered a plea or have been convicted
at trial and am in jail awaiting sentencing?
30Q: How can I register to vote and get an absentee ballot from jail?
Q: Can someone help me turn in my absentee ballot?
Q: When are the deadlines?
FELON VOTING RIGHTS RESOURCES
https://felonvoting.procon.org/state-felon-voting-laws/
https://www.aclu.org/issues/voting-rights/voter-restoration/felony-disenfranchisement-laws-map
LEGAL/PRO BONO/ADVOCATE RESOURCES:
• Campaign Legal Center
https://campaignlegal.org/democracyu/inclusion/right-vote-criminal-justice-system
1101 14th St. NW, Suite 400, Washington, DC 20005, 202.736.2200
• Sentencing Project
https://www.sentencingproject.org/publications/voting-in-jails/
1705 DeSales Street NW, 8th Floor, Washington, D.C. 20036, 202.628.0871
staff@sentencingproject.org
• Fair Elections Center
https://www.fairelectionscenter.org/
1825 K St. NW | Suite 450, Washington DC 20006, 202.331.0114
info@fairelectionscenter.org
• Brennan Center
https://www.brennancenter.org/issues/ensure-every-american-can-vote
1140 Connecticut Ave., NW, 11th Floor, Suite 1150, Washington, DC 20036, 202.249.7190
Media - Voting rights, brookesj@brennan.law.nyu.edu, 646.292.8376
• Legal Services Corporation
https://www.lsc.gov/what-legal-aid/find-legal-aid
• FAQ for DC Incarcerated Voters and Returning Citizens
https://www.dcboe.org/Voters/How-to-Vote/FAQ%E2%80%99s-for-Incarcerated-Voters-
Returning-Citizens
Vermont and Maine, and
Washington, D.C., allow incarcerated
citizens to vote.
Author/Contributor: Elizabeth Tutwiler Goddard, Esq.
Source(s): Some information sourced from Prison Policy Initiative, Voting Rights Coalition for All and the Sentencing Project.
Other information is original content authored by Elizabeth Tutwiler Goddard.
Information last updated/verified: October 24, 2020.
31NATIVE AMERICAN/ALASKAN NATIVE VOTING
There are currently 574 federally recognized tribal governments or entities in the United States of America.
Native American voters in these communities, and many others, face a number of barriers when attempting
to participate in local, state, and federal elections. A 2020 report published by Native American Rights Fund
titled Obstacles at Every Turn: Barriers to Political Participation Faced By Native American Voters (available
at https://vote.narf.org/obstacles-at-every-turn/) describes these barriers in more detail. Although barriers
can differ by the community, universally, when Native Americans exercise their rights to vote, they can
effect change.
Native American voters can ensure their votes count in 2020 by making voting plans, gathering information
about the process in their respective states, and voting early. Continuing pandemic conditions, causing
ongoing changes to polling locations, make voting plans even more important this year. The following
information highlights a few barriers to consider and plan for when voting, as well as resources where Native
American voters can find voter information.
COMMON BARRIERS TO VOTING INCLUDE:
• Fewer polling sites within reasonable distances of residences, particularly in rural communities
• Lack of traditional mailing addresses to receive voter registration and ballot mailings
• Lack of access to regular mail services, pickups, and offices
• Voter ID requirements that do not account for forms of ID carried by Native Americans
• Bans on ballot collections
32• Lack of representative poll workers / poll workers with Native American language capabilities
• Lack of voter education funding and initiatives in Native American tribal territories and inability to
access online resources
• Confusion over registration status and current polling locations due to frequent housing changes
• Intimidation tactics to keep Native Americans from coming to polling places
WHAT CAN I DO TO MAKE MY NATIVE VOTE COUNT?
• Make a voting plan and check for updates on polling sites closed due to the pandemic
• Vote early and follow required safety precautions to keep you and the poll workers safe
• Check local resources to find your polling site and voting options
• Confirm the ID you need to cast your vote under your local rules
• Confirm local laws on ballot collections before collecting groups of ballots in the community
• Follow instructions on mail-in or absentee ballots—Confirm and comply with the deadlines.
• Check on language assistance and/or translated ballots at the polling site before arriving
• Inform a poll worker/election official if there is difficulty reading or understanding ballot materials at
a polling place--consider bringing a language assistant to help
NATIVE AMERICAN VOTING RESOURCES:
• Native American Rights Fund Native American Voting Rights (https://vote.narf.org/)
• Native Vote Initiative (http://www.nativevote.org/)
• Every Native Vote Counts Fast Facts:
(http://www.nativevote.org/wp-content/uploads/2020/05/2020-Native-Vote-Infographic.pdf)
• Native American Voter Action Toolkits By State:
(https://vote.narf.org/advocacy-actions/?_ga=2.25355764.832729272.1603568962-
900694243.1603568962)
• Voter’s Guide to Federal Elections in Cherokee, Dakota, Navajo, and Yupik Languages
(https://www.eac.gov/voters/voters-guide-to-federal-elections)
• Arizona 2020 Vote Safe Guide for Native Americans:
(https://azsos.gov/sites/default/files/AZSOS_2020_Native_American_Vote_Guide.pdf)
Author/Contributor: Jennifer Lamirand, Esq.
Source(s): Original content authored by Jennifer Lamirand, Esq.
Information last updated/verified: October 24, 2020.
33REDISTRICTING MATTERS
Every 10 years, the Constitution directs that the federal government take a count of everyone in the
country. After the completion of this so-called decennial Census, it becomes necessary to redraw the
district lines for nearly every congressional and state legislative district in the country. That is because
the Constitution requires that the populations of districts in a given state be relatively equal, and in ten
years lots of people will have moved around, leading to necessary line adjustments.
How the new district lines are drawn is important, because it can either assure fair representation of every
racial and political group in the state or prevent such fair representation – over-valuing the votes cast by
some people and “diluting” the value of the votes cast by others. This concern arises because in the
United States we traditionally use single-member districts that elect representatives based on who gets a
plurality or majority of the votes in each district on election day. This system contrasts with those used in
most of the world’s other democracies, which are designed to guarantee proportional representation of
each political group based on its share of the votes jurisdiction-wide.
When a congressional or legislative district map is drawn in such a way that is inflates the value of the
votes of members of one political party at the expense of the votes cast by members of the other main
political party, the map is known as a partisan gerrymander. To see how this occurs, imagine a state that
has ten congressional districts and has its voters evenly divided between the Republican Party and the
Democratic Party. Despite that even divide, it might be possible for a district map to “pack” many
Democrats into just three districts (with Democratic percentages of 70% or more), which assuring that
Democrats are spread out among the other seven districts in a manner that assures the Republicans will
reliably carry all seven. Such a map will cause this evenly divided state to send to Washington a
congressional delegation consisting of seven Republicans and just three Democrats, because it has
diluted the votes of Democrats through the traditional gerrymandering techniques of “packing” and
“cracking.”
34You can also read
