Know Your Rights: Voting and Protesting 

VOTING 

In General: 

• You must be a United States citizen over the age of 18, and registered to vote in the county in which you reside in order to vote in an election. 
• Lawful citizens of the United States are not required to be adept at reading or speaking English. 
• If you run into any problems or have questions on Election Day, call the Election Protection Hotline:
  • English: 1-866-OUR-VOTE / 1-866-687-8683
  • Spanish: 1-888-VE-Y-VOTA / 1-888-839-8682
  • Arabic: 1-844-YALLA-US / 1-844-925-5287
  • For Bengali, Cantonese, Hindi, Urdu, Korean, Mandarin, Tagalog, or Vietnamese: 1-888-274-8683

In Texas: 

• You are required by state law to present photo identification when voting. 
• Voter rolls are periodically purged by many counties. Make sure you are registered before Election Day, as you might have been removed from the voter rolls since the last election. 
• Article 6 of the Texas Constitution states that persons convicted of any felony, subject to such exceptions as the Legislature may make, or who have been convicted of bribery, perjury, forgery, or other high crimes, are denied suffrage. 
• Check your registration status in Texas, click here.

For Tom Green County:

• Information on registering to vote click here.
• Register in person at the elections office at the Keyes Building in San Angelo, 113 W. Beauregard. 
• Make sure your address is current with your photo ID. This can be amended online through the DPS here, for an $11 dollar fee.

I need to register to vote

• States have different voter registration deadlines and requirements, so check what you need to do to register in your state well in advance of Election Day. Voter registration deadlines vary and some states allow individuals to register for the first time and cast ballots on Election Day.

• Check your registration status at vote.gov.

• If you are not registered to vote, vote.gov will provide information about your registration options, which may include online registration.

I need to find my polling place

• Every state offers options to vote in-person on Election Day, even those that primarily conduct elections by mail.

• Find your polling place or vote center and its hours of operation.

• Make a plan for Election Day: When and where will you cast your vote, documents you may need to bring, and how will you get there?

I want to vote before Election Day

• If you cannot vote in-person on Election Day, you may be able to vote early or by absentee vote-by-mail ballot.

• Some states allow any voter to vote absentee; others have stricter requirements.

• Learn about your options to exercise absentee or early voting in your state.

• Keep in mind that the deadline to request an absentee ballot may be before Election Day.

• Information on absentee voting in Texas here: https://www.sos.texas.gov/elections/voter/reqabbm.shtml

What are my general rights on Election Day? 

• If the polls close while you’re still in line, stay in line – you have the right to vote.

• If you make a mistake on your ballot, ask for a new one.

• If the machines are down at your polling place, ask for a paper ballot.

The poll worker says my name is not on the list of registered voters

• Voters are entitled to a provisional ballot, even if they aren’t in the poll book.

• After Election Day, election officials must investigate whether you are qualified to vote and registered. If you are qualified and registered, they will count your provisional ballot.

• Ask the poll worker to double check for your name on the list of registered voters. Make sure to spell your name out for the poll worker.

• If your name is not on the list, ask if there is a supplemental list of voters.

• If the poll worker still cannot find your name, confirm that you are at the correct polling place:
  • Request that the poll workers check a statewide system (if one is available) to see if you are registered to vote at a different polling place.
  • If the poll worker does not have access to a statewide system, ask them to call the main election office.
  • You can also call 1-866-OUR-VOTE and ask for help verifying your proper polling place.
  • If you are registered at a different location, in most instances you will have to travel to that location to cast a regular ballot.

• If the poll worker still cannot find your name or if you cannot travel to the correct polling place, ask for a provisional ballot.

I am a voter with a disability

• Under federal law, all polling places for federal elections must be fully accessible to older adults and voters with disabilities. Simply allowing curbside voting is not enough to meet Americans with Disabilities Act (ADA) accessibility requirements.

• In federal elections, every polling place must have at least one voting system that allows voters with disabilities to vote privately and independently. Usually, this is a machine that can read the ballot to you (for people with vision disabilities or dyslexia), and let you vote by pushing buttons (for people with mobility disabilities).

• Under federal law, voters with disabilities and voters who have difficulty reading or writing English have the right to receive in-person help at the polls from the person of their choice. This helper cannot be the voter’s employer, an agent of the voter’s employer, or an agent or officer of the voter’s union. The helper must respect the voter’s privacy, not looking at the voter’s ballot unless the voter asks them to do so.

• Election officials (including poll workers) must make reasonable accommodations as needed to help you vote.

• Election officials must provide you with help if it’s possible for them to do so.

• A voter with a mental disability cannot be turned away from the polls because a poll worker thinks they are not ‘qualified’ to vote.

• You can bring a family member, friend, or another person of your choice to assist you at the polls. Do not bring your employer, or an agent of your employer or union.

• If you bring a person to assist you, let the poll workers know that when you check in. They may ask you to swear under oath that you have a disability and that you have asked that person to help you. Your helper may also be required to sign a form swearing that they did not tell you how to vote.

• If there are long lines and you have a physical or mental health condition or disability that makes it difficult for you to stand in line, tell a poll worker.

• Tell election officials what you need. For example, if it’s hard for you to stand, they should provide you with a chair or a place to sit while you wait. If the crowds or noise are hard for you, election officials can find a quiet place for you to wait and call you when it’s your turn to vote.
• If you cannot enter your polling place because the pathway to it is not fully accessible, ask poll workers for curbside assistance. 

• If you have difficulty using the materials provided to make your ballot selections, review, or cast your ballot, let a poll worker know and ask for the help you need. Accessibility is the law.

• If you face any challenges in voting privately and independently or are unable to cast your vote, report the problem to the Election Protection hotline at 1-866-OUR-VOTE. Trained attorneys can assist you and make sure that other voters do not experience the same problem.

I speak English less than “very well”

• Under federal law, voters who have difficulty reading or writing English may receive in-person assistance at the polls from the person of their choice. This person cannot be the voter’s employer, an agent of the voter’s employer, or an agent or officer of the voter’s union.

• Counties covered by Section 203 of the Voting Rights Act are required to provide bilingual assistance to voters in specific languages. This means that they must provide poll workers who speak certain languages, and make all election materials and election-related information available in those languages. Check whether your county is required to provide bilingual election assistance in a language you speak.

• You can bring a family member, friend, or other person of your choice to assist you at the polls. Do not bring your employer, or an agent of your employer or union.

• If you live in a county that’s required to provide bilingual voting assistance for a language you speak, you can request oral assistance from a bilingual poll worker and ask for voting materials, such as a ballot, in that language.

Examples of voter intimidation

• Aggressively questioning voters about their citizenship, criminal record, or other qualifications to vote.

• Falsely representing oneself as an elections official.

• Displaying false or misleading signs about voter fraud and related criminal penalties.

• Other forms of harassment, particularly harassment targeting non-English speakers and voters of color.

• Spreading false information about voter requirements.
  • 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 identification.

• It’s illegal to intimidate voters and a federal crime 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.”

• In many states, you can give a sworn statement to the poll worker that you satisfy the qualifications to vote in your state, and then proceed to cast a ballot.

• Report intimidation to your local election officials. Their offices will be open on Election Day.

Protesting

I’m organizing or attending a protest

• Your rights are strongest in what are known as “traditional public forums,” such as streets, sidewalks, and parks. You also likely have the right to speak out on other public property, like plazas in front of government buildings, as long as you are not blocking access to the government building or interfering with other purposes the property was designed for.

• Private property owners can set rules for speech on their property. The government may not restrict your speech if it is taking place on your own property or with the consent of the property owner.

• Counter protesters also have free speech rights. Police must treat protesters and counter protesters equally. Police are permitted to keep antagonistic groups separated but should allow them to be within sight and sound of one another.

• When you are lawfully present in any public space, you have the right to photograph anything in plain view, including federal buildings and the police. On private property, the owner may set rules related to photography or video.

Do I need a permit?

• You don’t need a permit to march in the streets or sidewalks, as long as marchers don’t obstruct car or pedestrian traffic. If you don’t have a permit, police officers can ask you to move to the side of a street or sidewalk to let others pass or for safety reasons.

• Certain types of events may require permits. These include a march or parade that requires blocking traffic or street closure; a large rally requiring the use of sound amplifying devices; or a rally over a certain size at most parks or plazas.

• While certain permit procedures require submitting an application well in advance of the planned event, police can’t use those procedures to prevent a protest in response to breaking news events.

• Restrictions on the route of a march or sound equipment might violate the First Amendment if they are unnecessary for traffic control or public safety, or if they interfere significantly with effective communication to the intended audience.

• A permit cannot be denied because the event is controversial or will express unpopular views.

• If the permit regulations that apply to your protest require a fee for a permit, they should allow a waiver for those who cannot afford the charge.

What to do if you believe your rights have been violated

• When you can, write down everything you remember, including the officers’ badge and patrol car numbers and the agency they work for.

• Get contact information for witnesses.

• Take photographs of any injuries.

• Once you have all of this information, you can file a written complaint with the agency’s internal affairs division or civilian complaint board.

What happens if the police issues an order to disperse the protest?

• Shutting down a protest through a dispersal order must be law enforcement’s last resort. Police may not break up a gathering unless there is a clear and present danger of riot, disorder, interference with traffic, or other immediate threat to public safety.

• If officers issue a dispersal order, they must provide a reasonable opportunity to comply, including sufficient time and a clear, unobstructed exit path.

• Individuals must receive clear and detailed notice of a dispersal order, including how much time they have to disperse, the consequences of failing to disperse, and what clear exit route they can follow, before they may be arrested or charged with any crime.

I want to take pictures or shoot video at a protest

• When you are lawfully present in any public space, you have the right to photograph anything in plain view, including federal buildings and the police. (On private property, the owner may set rules about photography or video.)

• Police officers may not confiscate or demand to view your photographs or video without a warrant, nor may they delete data under any circumstances. However, they may order citizens to cease activities that are truly interfering with legitimate law enforcement operations.
• If you are videotaping, be aware that there is an important legal distinction between a visual photographic record (fully protected) and the audio portion of a videotape, which some states have tried to regulate under state wiretapping laws.

What to do if you are stopped or detained for taking photographs

• Always remain calm and never physically resist a police officer.

• Police cannot detain you without reasonable suspicion that you have or are about to commit a crime or are in the process of doing so.

• If you are stopped, ask the officer if you are free to leave. If the answer is yes, calmly walk away.

• If you are detained, ask the officer what crime you are suspected of committing, and remind the officer that taking photographs is your right under the First Amendment and does not constitute reasonable suspicion of criminal activity.

I was stopped by the police while protesting

• Stay calm. Make sure to keep your hands visible. Don’t argue, resist, or obstruct the police, even if you believe they are violating your rights. Point out that you are not disrupting anyone else’s activity and that the First Amendment protects your actions.

• Ask if you are free to leave. If the officer says yes, calmly walk away.

• If you are under arrest, you have a right to ask why. Otherwise, say you wish to remain silent and ask for a lawyer immediately. Don’t say anything or sign anything without a lawyer.

• You have the right to make a local phone call, and if you’re calling your lawyer, police are not allowed to listen.
• You never have to consent to a search of yourself or your belongings. If you do explicitly consent, it can affect you later in court.

• Police may “pat down” your clothing if they suspect you have a weapon and may search you after an arrest.

• Police officers may not confiscate or demand to view your photographs or video without a warrant, nor may they delete data under any circumstances. However, they may order citizens to cease activities that are truly interfering with legitimate law enforcement operations.

What to do if you believe your rights have been violated

• When you can, write down everything you remember, including the officers’ badge and patrol car numbers and the agency they work for.

• Get contact information for witnesses.

• Take photographs of any injuries.

• Once you have all of this information, you can file a written complaint with the agency’s internal affairs division or civilian complaint board.