Know Your Rights on Election Day

The Supreme Court of the United States once said: “The right to vote freely for the candidate of one’s choice is of the essence of a democratic society, and any restrictions on that right strike at the heart of representative government.” The ACLJ absolutely supports one’s right to legally vote. The ACLJ has a long history of fighting to ensure the right to vote for the candidate of one’s choice and the integrity of elections.

We have written a memorandum discussing the history of the right to vote and providing a State Election Hotline resource, which provides state-specific contact information in case your right to vote is questioned. If you encounter a voting issue, your local election officials may be your best resource – especially to quickly address an issue and ensure your vote is counted on Election Day.

Our memorandum also discusses your free speech rights at the polls on Election Day. As the Supreme Court once said in Burson v. Freeman, “the First Amendment ‘has its fullest and most urgent application’ to speech uttered during a campaign for political office.” At polling places, however, state law governs speech rights both inside and outside polling places. While one might think that there should be an unfettered right to engage in political advocacy in and around polling places, political advocacy is often limited to preserving polling places as “an island of calm in which voters can peacefully contemplate their choices.”

Our memo includes a State Law Compilation that discusses two important Supreme Court cases in this area and includes a 50-state compilation of state laws governing the issue. This provides easy access to critical information about what you can say and do to express your political beliefs around your polling place.

If your right to vote is questioned, your state’s election hotline should be your first call. However, if you have a question about your free speech rights on Election Day and are not sure about how to understand the law governing your state, we recommend that you contact a local attorney for a quick answer. Of course, the ACLJ stands ready, willing, and able to defend your right to vote, your free speech, and the integrity of our elections. If you believe your rights are being violated in this area, please contact us at ACLJ.org/HELP. We have been providing assistance and legal representation, at no cost, to people just like you for decades and will review your request and respond in an appropriate manner.

Learn more about your constitutional rights at ACLJ.org/Know-Your-Rights.