A quick guide: Do you know your voting rights?
Every eligible voter has the right to participate in Tuesday’s elections and cast their vote freely, privately, securely and without intimidation — the ultimate example of a free and functioning democracy.
Election Day is held on the Tuesday after the first Monday in November. It is important to note that it is not a federal holiday. This ends up being a barrier for voters casting their ballots in-person or returning absentee ballots since they are not provided guaranteed time off from their jobs to do so. Instead, it is up to state laws to determine if they will guarantee voters time to vote on Election Day. Even within the tri-state this varies.
Here is a look at your voting rights:
New York
Overall, New York State employees are eligible for up to two hours of paid time off to vote if they do not have “sufficient time to vote” which means an employee has four consecutive hours to vote either from the opening of the polls to the beginning of their work shift, or four consecutive hours between the end of a working shift and polls closing, according to law firm Fisher Phillips.
Additionally, employees must give notice to their job two to 10 days notice before Election Day that they need time off to vote.
New Jersey
New Jersey’s voting laws don’t provide for time off from work, according to Fisher Phillips.
Connecticut
Fisher Phillips notes that Connecticut sunset its voting leave law in 2024. Employers may still offer it to employees but it is no longer required.
OTHER VOTING RIGHTS
- You have the right to vote even if you have a developmental or intellectual
disability and even if you live in a group home or another place of residential care. - You may have the right to vote even if you have a guardian, unless the original guardianship order was accompanied by an “order of incompetence.” Although, most individuals under guardianship maintain the right to vote.
- You have the right to vote if you are waiting in line when the polls close. (Polls close at 8 p.m. in Connecticut and New Jersey; they close at 9 p.m. in New York)
- You do not have to tell anyone who you vote for unless you want to.
What if my name is not on the list when I go to vote in person?
If you arrive at your designated polling place but you are not on the registration list, even though you firmly believe you are registered to vote, you have the right to cast a provisional ballot.
If you cast a provisional ballot, election officials will review it after the election, and if they determine that you were an eligible registered voter according to state law, your ballot will be counted.
You can check if you are registered to vote by going to your state’s Board of Elections. More information is found here.
What if I need help voting in person?
When you vote in person, you have a right to ask for accessibility accommodations. The Americans with Disabilities Act (ADA) checklist on polling place accessibility has information about what you can ask for.
Examples of accessibility accommodations protected by law include, but are not limited to:
- Service animal support
- Someone to help you vote (cannot be your employer or union representative)
- Voting and election materials in large print
- Entrances and doorways at the voting location that are at least 32 inches wide
- Wheelchair-accessible voting locations
- At least one accessible voting device at every location
You can also contact your state or local election office before Election Day to confirm your voting location has the accessibility accommodations you need. Be sure to be clear about what you need.
If you learn that your voting location is not accessible to you, ask about other available options.
Language support
If English isn’t your primary language and you want to vote in a different language, you can ask. Reach out to your state or local election office to find out what options and support are available, which may include:
- Voting information and materials, including ballots, in your language of choice
- A poll worker who can communicate with you in your language (including American Sign Language)
- A family member or friend who can help translate for you at your voting location (this should not be an employer or union rep as to not intimidate you into voting for a particular candidate)
Do you I need to bring an ID to vote?
In New York, if you’ve voted before, you don’t need to bring an ID. If you’re a first-time voter who registered by mail or online and you didn’t provide with your registration a New York (NY) driver license number, NY non-driver ID number, Social Security number, or a copy of your ID, you may need to show ID to vote. If you’re a first-time voter who can’t provide ID, you’ll be able to vote by affidavit ballot.
In New Jersey, if you’ve voted before, you don’t need to bring an ID. If you’re voting for the first time in your county, registered to vote by mail, and didn’t provide an ID number or copy of ID when you registered, you must show ID to vote. Acceptable forms include driver’s licenses, passports and more forms of identification. If you’re a first-time voter who can’t provide ID, you’ll be able to vote by provisional ballot.
In Connecticut, you may be asked to show ID in order to vote. If you’re a first-time voter who registered by mail, you will also need to show proof of residence. If you are unable to provide ID, you will be able to sign an affidavit and then vote normally. If you’re a first-time voter without ID, you may vote a provisional ballot.
Voting after a felony conviction
You are eligible to vote immediately after you have been released from prison in certain states including Connecticut, New Jersey and New York even if you are on probation or parole or if you owe money related to your case, according to vote.gov.
What not to do
Don’t take a selfie. It’s tempting isn’t it? Taking a selfie of you and your completed ballot and posting it to social media is against the law. Try one with your voting sticker instead!
Don’t campaign near polling sites. It is illegal to campaign or electioneer within 100 feet of polling locations. And while general political messaging on a shirt is allowed, nothing that supports a particular candidate or measure is allowed.
For example, a shirt or hat supporting the Second Amendment or marriage equality would be allowed, but apparel in support of a particular candidate on the ballot Tuesday would not be. Many times, in those situations, voters could be asked to take off the article of clothing, or to wear it inside out.
Don’t intimidate voters.
How to file a complaint
You can report a complaint to the DOJ if you experience:
- Someone questions your right to vote
- You live in an area that is required to provide voting materials in certain languages, but don’t receive those
- You don’t get reasonable accessibility accommodations
Additional resources
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