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Guest Commentary: What to do if your vote is challenged on Election Day

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Karen Figueroa-Clewett is a lecturer in the Agents of Change program of the Department of Political Science and International Relations at University of Southern California’s Dornsife College of Letters. This was first published by The Conversation.

The general election is upon us, and it’s important to know your rights in case your vote is challenged.

The best way to ensure that your vote is counted is to advocate for yourself. I’m a civil rights attorney and here are several straightforward ways to ensure your vote is counted.

A major part of ensuring that you are able to vote is doing the necessary preparation before you even get to the polling place.

Are you registered to vote? Check it out

Before you vote, you need to ensure that you’re registered to vote. You can find information to help you verify your registration status at usvotefoundation.org/vote/eoddomestic.htm. If you can’t use an online tool, then contact your local election office. Delaware Department of Election contact information can be found at elections.delaware.gov/locations.shtml. Or you can use a voter helpline like the ones listed in the hotline section below.

(At this point, if you are not registered, you have missed Delaware’s deadline for voter registration.)

Gather documents to verify your identity

Voter ID laws generally cover in-person voting. If you live in a state that requires identity verification to vote in person, gather the required documents — which may range from driver’s licenses to bank statements with identifying information — before traveling to the correct polling place. You can find your county election office’s contact information at the link listed above. This webpage ncsl.org/research/elections-and-campaigns/voter-id.aspxv

 includes a table listing each state’s acceptable ID documents and possible exceptions for some folks. You may also call your local election office to find out what’s required.

Find the correct polling location

Ensure that you’re headed to the right polling place. Call your county election office to find your polling place and its hours of operation. You can look up Delaware election information at https://gis.elections.delaware.gov/

Once you know your polling place and its hours, you can go there and check in. In most cases, you’ll be handed a ballot, shown where to vote and asked to put your ballot in a machine or a box, and then, you can go merrily along your way.

But the moment of check-in is where things might go wrong.

Problems at your polling place

Here are potential vote challenges and ways to overcome them.

Possibility #1: Out-of-order polling machines.

If you’re asked to leave because of malfunctioning machines, don’t. Instead, ask for a paper ballot.

Possibility #2: You’re in line, and officials announce the polls have closed.

If you’re in line at the polling location before it closes, don’t let them turn you away at closing time if you haven’t voted. You have the legal right to vote under those circumstances, so stay in line and wait to cast your ballot.

Possibility #3: You’re not on the registered voters list.

If you’re told you can’t vote because your name is not on the voter roster, ask the poll site worker to check again and to check what’s called the list of supplemental voters. If they still can’t find your name, ask the poll worker to verify that you’re at the right location.

Possibility #4: Someone claims you shouldn’t be allowed to vote.

If your voting eligibility remains challenged after ensuring you’re at the right polling location, ask to cast a provisional ballot, which is available in every state except Idaho and Minnesota. You can find details about Delaware’s provisional ballot rules at elections.delaware.gov/voter/provisional.shtml.

Track your provisional ballot at vote.org/state/delaware/.

Call a hotline

If you are not given a provisional ballot, call an election hotline for help. Here are four hotlines, run by members of the nonpartisan Election Protection coalition, that can help you:

Report voter intimidation

If someone tries to scare you into voting or not voting for a candidate, stand your ground and demand a ballot from the poll site. You can all a hotline above to report the intimidation. Information about filing complaints in Delaware can be found at elections.delaware.gov/voter/complaints.shtml. You can file a claim with the FBI later by phone at 800-CALL-FBI/800-225-5324 or online at tips.fbi.gov.

Consider legal action

If you are still blocked from voting, you can consider legal action. Get legal advice on your exact situation either locally or from one of the hotlines listed above, which have free lawyers on hand. It’s a good idea to write down the names of people who prevented you from voting and to ask people who witnessed the incident for their contact information.

 

Editor’s note: Delaware Department of Elections voting information can be found at elections.delaware.gov.

 

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