A Student’s Guide to Protecting Your Vote on Election Day

As the November 3 midterm elections approach next week, knowing your voting rights and how to respond at the polls is essential to protecting access to the ballot. For students voting on campus or in their local communities, possibly for the first time, it can be particularly confusing when state laws differ or voting procedures are unfamiliar. 

Every eligible voter deserves the opportunity to cast a ballot freely, privately, and without intimidation. Here is what voters need to know before heading to the polls. 

Know your Rights as a Voter

Federal and state laws protect voters against various forms of discrimination, intimidation and interference. Knowing your rights can help you recognize when to ask for assistance.

• You have the right to equal treatment. Federal law prohibits discrimination in voting on protected grounds, including race and color. Other federal and state laws, such as the Americans with Disabilities Act (ADA) and Section 208 of the Voting Rights Act, provide additional protections related to accessible polling places and language assistance. Voters who need assistance due to disability or difficulty reading/writing English have the right to bring a person of their choice into the voting booth to assist them, as long as that person is not their employer or union representative.
• Your voting choices are yours alone and you should not be forced to disclose your selections or pressured to vote for a particular candidate.
• You have the right to vote without intimidation or coercion. Threats, harassment and certain other efforts to interfere with voting are prohibited under federal law (18 U.S.C. § 594) and state election codes.

What to Do if Your Name Is Missing From the Voter List

If a poll worker cannot find your name on the voter registration list, do not immediately assume you are ineligible to vote. 

• Ask the poll worker to verify your registration information. Corfim whether you are at the correct precinct and polling location and whether a spelling discrepancy, name change or other registration issue could explain the problem. 
• Check if your state has Same-Day Voter Registration or Election Day Registration. 20 states and Washington, DC, allow eligible voters to register and cast a ballot on the spot with proof of identity and residency (such as a student ID paired with a campus housing statement or utility bill). In this case, you should ask to register and vote in the same visit. 
• Under the Help America Vote Act (HAVA) of 2002, if you affirm that you are registered and eligible in that jurisdiction, poll workers are required to offer you a provisional ballot in federal elections. Note that Idaho, Minnesota, and New Hampshire do not issue provisional ballots, but they offer in-person Election Day Registration to all voters.  

What to Do If the Line is Too Long

Long lines at polling stations near college campuses are common, but long waits should never prevent you from casting your ballot.

• Stay in line! If you are in line when the polls officially close, you have the legal right to vote. Election officials are required by law to keep the polling location open until every voter who was in line by the closing deadline has cast their ballot. Do not leave the line.
• If the lines are moving unusually slowly, report the issue immediately to your local county election office or the Election Protection Hotline (866-OUR-VOTE).
• If you are voting on Election Day, bring a valid photo ID, water, snacks, a fully charged phone, and any voting notes to help. 

If FBI, ICE or Other Federal Agents Appear at a Polling Place

The presence of federal law enforcement can create fear and confusion, particularly for marginalized and student communities. Under federal law (including 18 U.S.C. § 592), it is illegal for federal military personnel or armed federal agents, including ICE, FBI, or U.S. Marshals, to be stationed at or monitor polling places to interfere with an election or intimidate voters. The DOJ is claiming that ICE won’t patrol the polls, but it is important to know your rights and what to do to ensure your vote is protected. 

• Always remain calm and keep your hands visible at all times. Don’t physically resist or obstruct law enforcement. Ask: “Am I free to go?” If the answer is yes, walk away calmly and proceed to vote. If an official requests to search you, you have the right to say no, but do not obstruct access. For additional security, turn off biometric identification such as Face ID.
• Record the time, badge numbers, agency names, vehicle descriptions, and exact actions taken by officers or agents, provided it is safe to do so.
• If you see an official or witness an encounter, report it immediately. Notify the chief election judge at the polling place, call local nonpartisan voter protection hotlines, and report the incident to the Election Protection Coalition.

Federal agents cannot demand identification from voters without reasonable suspicion of a crime. However, if you have been arrested while attempting to vote, you can exercise your right to remain silent and ask for a lawyer regardless of your citizenship or immigration status. To invoke these rights, say “I want to remain silent” and “I want to speak with a lawyer” and wait until you have a lawyer present. 

Non-citizen family members or allies accompanying voters should be aware of their rights, but all voters have the right to cast their ballot without harassment. 

Election Safety and Voting Rights Resources

Voters do not have to navigate election-related concerns alone. The Election Protection Coalition is a nonpartisan coalition that helps voters understand their rights, resolve voting problems, and find accurate election information. Its trained volunteers provide assistance throughout the voting process. 

• English: 866-OUR-VOTE (866-687-8683)
• Spanish and English: 888-VE-Y-VOTA (888-839-8682)
• Asian languages and English: 888-API-VOTE (888-274-8683)
• Arabic and English: 844-YALLA-US (844-925-5287)
• Website: 866ourvote.org 

Democracy is strongest when every eligible voter, including students, can freely cast their ballot. As election deadlines quickly approach, take time to verify your registration, map out your voting plan, and share these rights with your peers. Protect your vote, look out for your community, and never hesitate to demand access to the ballot that federal and state laws guarantee. 

For campus and state voting information, visit https://voteu.org/guides. For legal guidance on federal interference, visit: https://www.aclu.org/know-your-rights/federal-agents-at-the-polls.