Virginia

Your rights at the polls guide

Your Rights Under Federal Law

  • All voters have the right not to be discriminated against on the basis of race, national origin, or disability.
  • All voters have the right to vote free of intimidation.
  • All voters who need assistance by reason of disability or inability to read and write in the language of the ballot may choose someone to assist them to vote, as long as the person is not an agent/representative of the voter’s employer or union.

Your Rights When You
Check-In To Vote

  • You have the right to change your address and still vote in your precinct. Whether you vote a regular or provisional ballot will depend on where you have moved from, whether you have changed precincts, and the timing. Your general registrar or officer of election at your polling place can provide further information.
  • Voters CANNOT be challenged by an out-of-state observer
  • The challenger must be a qualified voter or an election official.
  • If a voter is challenged, a poll worker must explain to the challenged voter the qualifications of a voter and may ask questions of the person concerning their qualification to vote.
  • Challengers must fill out a form under penalty of perjury.
  • The oath must say “to the best of my knowledge, information, and belief, _____________ is not a qualified voter of this precinct.”

Challenges

Challengers CANNOT single out groups of people for challenges, such as only challenging residence of students.

Challenges CANNOT be based on characteristics such as race, ethnicity, national origin, or any other characteristics not relevant to voter qualifications. 

Your Right To Vote After A Challenge
  • If you are challenged as to qualifications, you have the right to vote a regular ballot if you sign a statement affirming your qualifications.
  • If you are challenged as having already voted, you have a right to cast a provisional ballot.
  • If you aren’t in the pollbook, ask the poll worker to call the general registrar to confirm whether you are registered before you leave the polling place.
  • You have the right to vote a regular ballot if the general registrar informs the poll worker you are qualified, after signing a statement that you are qualified.
  • If the general registrar cannot be reached, you have the right to cast a provisional ballot.
After a challenge, you also have the right to:
  • Speak with the election official
  • You can also contact the Virginia Department of Elections at 1-800-552- 9745, or via email at info@elections.virginia.gov

Q&A: Your rights inside the polling place

01. What can poll workers ask me?

The poll worker will ask you for your ID but you have the right to vote even if you don’t have an ID if you sign a statement as to your identity. If the pollbook indicates that you have provided an identification number other than a social security number, the election official may ask you for your social security number. If you can provide it, a signed form will be transmitted to the general registrar for processing.

You have the right not to say your address out loud: you have the right to give the election official your name and address orally or in writing.

02. Who can I speak to if I am having any issues or problems with a poll worker?
You can speak to the local general registrar or the chief election officer on site. If that does not resolve the issue, call Election Protection.
03. I notice some poll watchers are taking photographs inside the polling place. Is that allowed?

No, representatives of candidates and political parties who are authorized to observe the election are not allowed to take photos or video within the polling place. This is an example of voter intimidation.

You have the right not to have your vote disrupted by anyone’s use of an electronic device such as a cell phone. Election workers can restrict the use of an electronic device by any individual if that use hinders, delays, or disrupts the voting process; if that use attempts to solicit or in any manner attempts to influence any person in casting their vote; or if the individual attempts to intimidate another individual through use of an electronic device. A majority of officers of election at each polling place make the decision about whether a device is being used in this way.

04. Who gets to decide who is inside the polling place?
The election officers determine who may be inside the polling place. They may remove someone from the premises if they are hindering or delaying a voter or impeding the orderly conduct of the election. It is illegal to congregate or loiter within 40 feet of the entrance to any polling place.
05. Who can I talk to if someone is trying to get in the way of me completing my ballot?
Talk to the chief election officer on site. If this does not resolve the issue, call Election Protection. Challengers CANNOT speak to voters.
06. What are my rights if I need help voting?

Voters are entitled to assistance. If a voter has a disability or language need that requires assistance to vote, the voter may bring a person of their choice to help them vote. The person providing assistance can be anyone except a union representative, or an employer or their agent.

Certain localities in Virginia must ensure that interpretation services in the language of the applicable minority group are available and easily accessible to voters needing language assistance, and that ballots are available in the minority language. Call Election Protection if you need help with language assistance.

Voters with disabilities or who are over 65 are entitled to vote curbside.

Fair Elections Center and Campus Vote Project intend the information contained herein to be used only as a general guide. This document should not be used as a substitute for consultation with a licensed Virginia legal professional. Updated August 2024. Contact Fair Elections Center at
info@fairelection.codpixels.com

If you have questions or are experiencing problems voting, call the Election Protection Hotline and speak with a volunteer to get help.
  • Call in English: 866-OUR-VOTE
  • CALL in Spanish: 888-VE-Y-VOTA
  • Call in Asian Languages: 888-API-VOTE
  • CALL in Arabic: 844-YALLA-US

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