Know Your Voting Rights

You have the right to vote free from intimidation.

• Every eligible citizen has the right to cast a ballot freely, fairly, and accessibly – without fear of intimidation.
• It is illegal to intimidate voters and a federal crime for anyone – including federal, state, and local officials – to “intimidate, threaten, [or] coerce… any other person for the purpose of interfering with the right of [that] other person to vote or to vote as he may choose.” Voter intimidation is also prohibited under state law in most states.
• Deployment of U.S. Immigration & Customs Enforcement (ICE) or other federal officials, U.S. military, or federalized or state National Guard troops to interfere with elections and the right to vote is illegal.
• Federal law explicitly prohibits the presence of armed federal agents at the polls.

What to do if there are reports of ICE, National Guard, or other federal agents in your community during early voting or Election Day.

• Make your plan now, and consider voting by mail if there is sufficient time and you can under state law.
• Consider voting as early as possible during the early voting period, if available.
• While a voter can be accompanied by family members regardless of whether those family members are citizens, in an abundance of caution, non-citizens may choose not to travel to polling places.
• Remember:
  • You have the right to vote free from intimidation.
  • You do not need to speak English to vote, in any state.
  • You do not need to pass a test to vote, in any state.
  • Some states do not require voters to present photo ID.
• Report intimidation to the Election Protection Hotline at 1-866-OUR-VOTE or 1-888-VE-Y-VOTA (en Español/English), 888-API-VOTE (Asian languages/English), 844-YALLA-US (Arabic/English).
• Report intimidation to your local election officials. Their offices will be open on Election Day.

What to do if you’re stopped by local or federal law enforcement or National Guard troops while attempting to vote.

• The following serves as educational information. If you need legal advice specific to your situation, please consult a qualified attorney:
  • Always remain calm. Never physically resist or obstruct law enforcement. Keep your hands visible.
  • You may ask if you’re free to leave at any point. Say, “Am I free to go?” If the answer is ‘yes,’ you are free to walk away. If the answer is no, you have been stopped and must remain where you are until you are told you are free to go.
  • You do not have to answer a government official’s questions except if you are stopped for certain traffic, parking, or pedestrian offenses. Outside these settings, if you don’t want to answer a question, say, “I want to remain silent.”
  • Government officials cannot detain you without reasonable suspicion that you have or are committing a crime or immigration violation.
  • Take mental notes about what’s happening so you can tell a lawyer later.
  • If an official asks to search you or your belongings, you have the right to say no, but do not obstruct access. The official may have lawful authority to conduct the search anyway. If the official begins a search, say clearly: “I do not consent to a search.”
  • Remember you do not have to unlock your phone or give government officials your password without a warrant. For additional security, turn off biometric ID such as Face ID.

What to do if you’ve been arrested while attempting to vote.

• If you are under arrest, you may exercise your right to remain silent and ask for a lawyer – no matter your citizenship or immigration status.
• If you want to invoke these rights, you should say, “I want to remain silent” and “I want to speak with a lawyer” and then, refrain from answering questions or signing any documents unless you have a lawyer present.
• You can ask for a phone call, but the government officials might refuse. Be aware that calls to people other than your attorney are monitored and often recorded.

What to do if you’re asked about your immigration status.

• Do not lie about your citizenship status, your name, or provide false documents. Unless required to, depending on your immigration status, do not provide any foreign ID documents.
• Generally, you have the right to remain silent and do not have to discuss your immigration or citizenship status (or anything else). It’s important to note that if you invoke this right and/or do not have the proper papers, an immigration officer might detain you for longer to verify your citizenship status.
• If you are not a U.S. citizen, the law may require you to carry specific immigration documents for your specific immigration status and provide them when a government official requests your immigration papers.
• Carry with you evidence of having been in the U.S. for longer than 2 years, such as mail you have received at your home address with a postmark or a signed lease.
• For more information about specific immigration statuses, and what documentation is required to be carried by a person with that status, you should consult an attorney.

For more information, including a printable guide and more languages, please visit ACLU’s website.

Other Resources

The California Election Interference Law Handbook from the Brennan Center.