Federal and State Voting Rights Differences
From Ballotpedia
Federal and State Voting Rights Differences are highlighted differences between Federal and State Voting Rights protections as voters may have different rights from state to state.
What the Federal Government Guarantee Voters
Races a Voter is Guarantee to vote for
Federal laws guarantee a voter the right to vote for only President and Vice President, Congress, and the United States Senate. Each state has different laws on whether a voter is granted the right to vote a full ballot for races like Governor, State House of Representatives, State Senate, County Board, and local ballot measures[1]. This federal right is guaranteed in the 24th Amendment of the United States Constitution.
Proper and Timely Information for Overseas and Military Absentee Voters
The Overseas and Uniformed Services Voting Act of 1975 guarantees a voter's right if they are a member of the uniformed services stationed on active or reserve duty or a citizen of the United States living overseas on a visa the right to vote an absentee ballot for Federal office for all Federal Offices including the Federal Absentee Write-In Ballot.
Also, the Help America Vote Act of 2002, mandates that all secretaries of all branches and divisions of the United States Armed Forces to provide timely and accurate information to members of the uniformed services and their family members of legal voting age on applying for absentee ballots in their home state or if on domestic military duty to where their station compound is[2].
Access for the Disabled to Vote
Pursuant to the Americans with Disabilities Act of 1990, and the National Voting Rights Act of 1965 states are mandated by the Federal Government to provide accessible facilities for the physically and visually disabled to vote. This means that states are required to have polling places to have not just accessible facilities but accessible equipment withing reasonable accommodations.
Also, Section 301 of the Help America Vote Act mandated that the voting system used for federal offices must permit all voters to vote privately and independently. At the beginning of the 2006 elections, all polling places are mandated by the Help America Vote Act to fully accessible within compliance of the Americans with Disabilities Act of 1990[3]. The Help America Vote Act mandated each state to have its own legislation in place over accessibility as this provision was one of many that forced states to pass legislation higher than the minimum standard mandated by the Help America Vote Act of 2002[2].
Right to Vote for Federal Races without Residence Requirements
The 24th amendment bans residence requirements in order to vote for all federal races, but each state can determine residency requirements in order to vote for state races such as Governor, State House of Representatives, State Senate, and local and state ballot measures as the right to vote in state races and ballot measures is dependent on residency[4].
Right to Vote Discrimination Free
There are constitutional amendments and laws that protect your right to vote on the basis of race, gender, and disability. For these protections see Federal Voting Protections. Also, states are granted the right to pass legislation to enhance Federal protections that protect a voter's civil rights.
What States Can Guarantee Voters
The Right to Ask for a Sample Ballot
Voters in most states have the right to ask for a sample ballot to familiarize themselves with the election procedures before going to the polls or at the polls[5].
Right to Vote if You Are in Line by Poll Closing Time
Most states have rights set through separate state legislation that if a voter is line to vote by the time polls close, a voter is still given the right to vote applicable by each state's law governing this issue[5].
Time Off from work For Voting
Some states have laws that allow voters to have anywhere from three to five hours off from work to vote on election day as long a voter asks their employer ahead of time. In most cases, employees must use paid sick days or personal days to pay for time off[6].
Right for Students to Vote On Campus or Off Campus
Each state usually sets voting rights for students who want to vote off campus by voting absentee or early or students using their campus address to vote at their university. Most states guarantee student voters the right to vote absentee even if they go to college out-of-state. Some States may require students to vote at the address they declare as their permanent address[5].
Registration Time line for Voters Turning 18 on Election Day
States have the right to allow citizens who turn age 18 on or before election day a time line for when a voter can register at age 17 anywhere from two to ten months before a voter's 18th birthday[5].
Right to Interpreter or Ballot Printed with Native Language
States have the right to give a voter a ballot printed in the voter's native language or if a state cannot provide you with a ballot printed in your native language states can guranatee the right to use an interpreter in the polling place to interpret to the voter's native language[5].
Right to Cast a Replacement Ballot at the Polls
If you vote in person, a state can give you up to two or four replacement ballots if you feel if you made a mistake as long as you caught the mistake before you casted the ballot. Also, in some partisan primaries if the machine detects a voter casted their ballot incorrectly, then a voter can be given a replacement ballot.
Also, states can have rights in place to guarantee a voter a replacement ballot if the voting machine malfunctions[5].
Right to Register to Vote When You Go to the Department of Motor Vehicles or Apply for Government Services
Some states have laws that automatically register you to vote when you go to the Department of Motor Vehicles or apply for other government services as a way to keep their voter lists as accurate as possible and to reduce paperwork on changes of registrations as in states that have these laws make a voter's registration permanent[7].
Compliant Procedures In the Event of Harassment
States have the right for anyone who has been intimidated or harassed at the polls by anyone including observers, poll workers, and other voters. In the event a voter is harassed or has a compliant, each state will have its own defined compliant procedure through their local and state elections authorities. Also, in some cases law enforcement authorities can be dispatched in the event of harassment[5]
Assistance in Finding the Right Polling Place
Virtually every state gives a voter the right to know where the right polling place is located. If a voter is at the wrong polling place states guarantee the right as poll workers must help to find the voter a correct polling place[5].
Instructions on How to Use Voting Equipment
States guarantee the right to voters if they are unfamiliar with the voting equipment that poll workers can give instructions to voters on how to properly use the voting equipment[5]. This is critical as many states have optical scan or electronic machine voting methods.
Help America Vote Act and State and Federal Voting Rights Differences
Also See Help America Vote Act
The Help America Vote Act sets minimum standards for states in enforcing elections laws. Due to the federalist's nature of the language written in the bill the bill only requires states to enforce the minimal standard enforced by the Help America Vote Act of 2002
States Are Responsible for Passing HAVA Related Legislation Relating to the Following Voting Rights through State Legislature
- Defining which state and local races Overseas and Uniformed Services absentee voters can vote on.
- Passing Stricter Photo ID Laws Above the HAVA Minimum
- Passing Stricter Provisional Ballot Laws Above the HAVA Minimum
- Granting Disabled Voters the right to vote privately and independently.
- Passing Stricter Standards on Statewide Voter Registration System Maintainence (SVRS)[2]
Mandates in the Help America Vote Act in Which States are Required to Enforce
- Coordinate as mandated with the Social Security Administration, and their State Department of Corrections, Transportation, and Health and Human Services for the most accurate voter data possible.
- Have a defined compliant procedure on Help America Vote Act Violations and also with other election related matters.
- Have a Statewide Voter Registration Database (SVRS)
- Requiring at the time of registration a Date of Birth and a Voter ID number issued by their state's election authority, their driver's license, or the last four digits of their social security number. If none of these documents were used during registration, a photo ID is required especially for states with same day registration.
- Enforce the minimum Help America Vote Act Standard for Provisional Ballots.
- Having all voting equipment and polling places to be accessible to the physically and visually disabled
- Using Official Federal Envelopes to send out to voters and in turn have voters return absentee ballots without postage expense to the voters[2].
Notes
- ↑ "24th Amendment Summary", FindLaw, October 29, 2008
- ↑ 2.0 2.1 2.2 2.3 "Federal Election Commission", Text of Help America Vote Act, October 29, 2002
- ↑ "HAVA Accessibility Statement", Wisconsin Elections Board, September 3, 2006
- ↑ "24th Amendment Summary", Find Law, October 29, 2008
- ↑ 5.0 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 "State Voting Rights Guide", ACLU, October 29, 2002
- ↑ "Time off to Vote Laws by State", Employment Law Post, October 29, 2008
- ↑ http://www.aclu.org/pdfs/votingrights/vec/il_voter_empowerment.pdf
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