What to Do if Your Vote Is Challenged on Election Day
The 2020 US Presidential Election is unlike any in modern memory and all eyes are on how it will play out. As Americans prepare to exercise their right to vote and help decide the future of the country, it is important to know the process and what to do if something out of the ordinary arises when you enter the polling place. One such situation is having your vote challenged on election day, and it is critical for every voter to understand their rights, what to expect, and what steps to take in the event of a challenge.
Understanding the Process of Vote Challenging
Voter qualifications are ultimately determined by individual state laws, and policies regarding vote challenging vary by state–so it’s important to familiarize yourself with your state’s laws by looking at its official government website or contacting your local election office. However, most states have similar procedures when it comes to the vote-challenging process.
Generally, if a challenger wishes to dispute a voter’s right to cast a ballot, they must present specific evidence that the voter is not legally allowed to do so. A challenger may argue that a voter is ineligible based on their age, citizenship, mental competency, or any other criteria established by a state according to its individual laws.
Vote challenging is only conducted at the polling place. Challenges made prior to the election, such as through registration challenges, signature mismatches (which may occur if a signature is different from one on record) or other issues related to mail-in ballots, are not the same thing. Those are matters that must be addressed before or after the election by the election officials, rather than at the polls.
Common Reasons for Votes Being Challenged
Actual grounds for challenging a voter’s eligibility will vary from state to state, but in all states, challengers have the burden of producing evidence that a voter is ineligible. Some of the most common reasons for challenging a vote are:
• The voter does not appear on the registration list for that precinct or election district
• The voter’s registration address does not match the address from which they are voting
• The voter has already voted in a different precinct or district
• The voter is not a US citizen, or is too young to vote
• The voter is mentally incapacitated
• The voter has been disqualified because of a felony conviction
• The voter is an immigrant who is not a naturalized US citizen
What to Do if Your Vote Is Challenged
If the poll worker informs you that your vote is being challenged, remain calm and try to remain objective. Do not take the challenge personally and remember that you have the right to vote, so long as your citizenship and age meet the requirements set forth by your state.
The first step is to provide valid identification if requested. This may include a driver’s license, photo ID, passport, or any other form of identification recognized by your state. However, depending on the state, you may not be required to present ID in order to vote.
If the challenge goes beyond a request for identification, you should call an attorney right away to help defend your right to vote and make sure your voice is heard in the election. Lawful votes should never be silenced and it is critical that you do your part to preserve a fair and accurate election.
You will also be asked to sign an affidavit of identity. This is a sworn statement that states that you provided the correct information and that you are eligible to vote. Making a false statement on this affidavit is a criminal offense, so be sure to read the statement carefully and make sure you agree with everything that is written there before signing it. You may also request that the poll workers read the affidavit aloud before you sign it so you can make sure you understand every word that is included.
Your Rights Regarding Challenge
It is important to remember that you have rights when it comes to challenging your vote. In most states, the challenger must provide evidence such as an affidavit or a witness’s statement that you are ineligible to vote, and you must be given the opportunity to refute these claims. If the dispute cannot be resolved, the voter can cast a provisional ballot. This ballot is only counted if the election board ultimately determines the voter is eligible to vote.
Whether or not your vote is challenged, you should never be discouraged from exercising your right to vote. Turnout is expected to be high in this election and as citizens, we all have a duty to participate actively in this pivotal moment in our country’s history.
Exercising your right to vote is an important privilege and responsibility. Knowing the process of vote challenging, what to expect should one occur, and the steps to take can help you navigate the process with ease, so you can cast your ballot with confidence on Election Day.
