Voter Restrictions & Barriers to Voting

A broad term for any effort, whether through law, policy, administrative practice, or intimidation, to prevent eligible voters from registering, casting a ballot, or having their vote counted. Voter suppression has taken many forms throughout American history, from outright violence and economic retaliation to bureaucratic barriers and strategic underfunding of polling infrastructure. Understanding voter suppression requires looking beyond individual policies in isolation and examining their cumulative effect on specific communities.

A law that requires voters to present some form of identification before casting a ballot. Voter ID laws exist in the majority of U.S. states, but the type of identification required and the strictness of enforcement vary widely. Some states accept a broad range of documents including utility bills, bank statements, and government correspondence, while others require a specific government-issued photo ID. The debate over voter ID laws centers on whether the security benefits justify the burden they place on eligible voters who lack the required identification.

The most restrictive category of voter ID law, requiring voters to present a government-issued photo identification such as a driver's license or passport before casting a ballot. Voters who arrive without the required ID may be turned away or offered only a provisional ballot that will be counted only if they return with proper documentation within a set period. Strict photo ID laws have been challenged in courts across the country, with mixed results, on the grounds that they disproportionately burden low-income voters, elderly voters, and minority voters who are statistically less likely to possess the required forms of ID.

A policy that allows voters to verify their identity using documents that do not include a photograph, such as a utility bill, bank statement, paycheck, government check, or voter registration card. States with non-photo ID acceptance generally have more flexible and accessible identification requirements than strict photo ID states, reducing the burden on voters who do not have a driver's license or other government-issued photo ID.

A requirement that voters provide documentary evidence of U.S. citizenship, such as a birth certificate or passport, in order to register to vote or cast a ballot. Federal voter registration forms do not require documentary proof of citizenship, and several federal courts have ruled that states cannot impose such requirements for federal elections. Proof of citizenship requirements have been criticized as an unnecessary barrier that disproportionately burdens low-income voters and communities of color who may have less ready access to official documents.

The process of removing names from the official voter registration list. Some purging is a routine and necessary part of maintaining accurate rolls, such as removing voters who have died or moved. However, aggressive or poorly administered purges can remove eligible voters, particularly when they are conducted close to an election and without adequate notice to affected voters. Federal law places restrictions on when and how purges can be conducted to protect eligible voters from being improperly removed.

A voter registration policy that requires the information provided on a voter registration application to match exactly the information on file in a government database such as the department of motor vehicles or Social Security Administration records. If there is any discrepancy, even a minor one such as a missing hyphen in a hyphenated name or a data entry error, the registration may be flagged, placed in a pending status, or rejected. Critics argue that exact match policies disproportionately affect voters of color, whose names are more likely to be inconsistently recorded across government databases.

A requirement that the signature on a mail-in or absentee ballot envelope be compared to the signature on the voter's registration record and found to match before the ballot is counted. Signature matching is a common security measure in states with significant mail voting but is also a source of ballot rejection. Procedures for notifying voters of a mismatch and giving them an opportunity to correct the problem, known as ballot curing, vary widely by state.

A rule that requires an absentee or mail-in ballot to be signed by one or more witnesses who can attest that the voter completed the ballot themselves. Witness requirements add a procedural step to absentee voting that critics argue creates an unnecessary burden, particularly for voters who live alone, are elderly or disabled, or are voting from a remote location. The number of required witnesses and the specific rules about who can serve as a witness vary by state.

A rule that requires an absentee or mail-in ballot to be notarized by a licensed notary public before it can be counted. Notarization requirements are among the most burdensome absentee voting restrictions because they require voters to locate a notary, which can be difficult and costly, particularly in rural areas or for voters with limited mobility. A small number of states still impose some form of notarization requirement for absentee ballots.

A decrease in the number of polling locations available in a jurisdiction, which can result in longer distances to the nearest polling place and longer lines on Election Day. Polling place reductions often follow court decisions or administrative changes that remove federal oversight requirements from jurisdictions with a history of voting discrimination. Research has found that polling place reductions are associated with lower turnout, particularly in communities of color, and that the burden of longer wait times falls disproportionately on Black and Latino voters.

A limitation on the hours during which polling places are open on Election Day. Shorter polling hours reduce the window of time available for voters to cast their ballots and can create longer lines, particularly for voters who work during standard business hours. The hours polling places are open vary by state and sometimes by county within a state, meaning that voters in some parts of a state may have significantly less time to vote than others.

A limitation on the number, location, or hours of availability of secure ballot drop boxes, which allow voters to return their completed mail-in or absentee ballots without using the postal service. Drop boxes became widely used during the COVID-19 pandemic and remain available in many states. Restrictions on drop boxes, including laws limiting their number or requiring them to be staffed or located only inside government buildings, reduce a convenient option that is particularly valuable for voters in areas with unreliable mail service or for those who want to avoid the risk of a ballot arriving too late by mail.

A practice in which a political party or campaign sends mail to registered voters and then uses returned or undeliverable mail as the basis for challenging those voters' registrations or their right to vote at the polls. Voter caging can result in eligible voters being improperly purged from the rolls or challenged at polling places, often on the basis that the voter has moved when the voter may simply have not received the mailing for ordinary reasons. The practice is prohibited in some jurisdictions but difficult to enforce.

A now largely discontinued multi-state program that attempted to identify voters registered in more than one state by matching voter registration records across participating states. The program was widely criticized by election researchers for producing a high rate of false positives, flagging large numbers of voters for potential removal based on matching first and last names without verifying other identifying information. Critics argued the program was more likely to result in the removal of eligible voters, particularly voters of color with common names, than to catch genuine double registrants.

Formal objections raised by election officials, poll workers, or in some states any registered voter, questioning the eligibility of a specific voter to cast a ballot. Voter challenges can be raised before an election against registration applications or at the polls on Election Day. The grounds for challenging a voter's eligibility and the procedures for resolving challenges vary by state. Coordinated mass challenges to voter eligibility, often targeting specific neighborhoods or demographic groups, have raised concerns about their use as a voter suppression tactic.

The determination by election officials that a provisional ballot cast by a voter whose eligibility was questioned at the polls does not meet the requirements to be counted. Provisional ballots can be rejected for a range of reasons, including that the voter was not registered, voted in the wrong precinct, or failed to provide required identification. Rejection rates for provisional ballots vary significantly by state, and the process for notifying voters of a rejection and giving them the opportunity to remedy the problem also varies widely.

The legal prohibition on voting imposed on people who have been convicted of a felony. The United States has some of the most expansive felon disenfranchisement laws in the democratic world, with rules that vary dramatically by state: some states restore voting rights automatically upon release from prison, others require completion of parole or probation, others require an application or petition process, and two states, Maine and Vermont, do not disenfranchise people with felony convictions at all. An estimated five million Americans are currently disenfranchised due to a felony conviction.

A fee that was historically required to be paid in order to register to vote or cast a ballot. Poll taxes were used extensively in Southern states after Reconstruction as a deliberate tool to prevent Black Americans and poor white voters from exercising their right to vote. They were prohibited for federal elections by the 24th Amendment in 1964 and struck down for all elections by the Supreme Court in Harper v. Virginia Board of Elections in 1966. The poll tax is one of the most direct historical examples of economic barriers being used to suppress voting.

An examination historically required by some states as a condition of voter registration or voting. While literacy tests appeared neutral on their face, they were administered selectively and used as a deliberate tool of racial disenfranchisement, with officials applying impossibly high standards to Black applicants while passing white applicants who could barely read. Literacy tests were among the primary mechanisms of Black disenfranchisement in the South and were effectively outlawed by the Voting Rights Act of 1965.

A provision used in Southern states after Reconstruction that allowed a person to vote if their grandfather had been eligible to vote before the Civil War, thereby exempting white voters from new literacy and property requirements while denying the same exemption to Black voters whose ancestors had been enslaved and legally prohibited from voting. The Supreme Court struck down grandfather clauses in Guinn v. United States in 1915, though the underlying literacy and property requirements remained in place for decades afterward.

A requirement under Section 5 of the Voting Rights Act of 1965 that jurisdictions with a documented history of voting discrimination obtain advance approval from the U.S. Department of Justice or a federal court before implementing any changes to their voting laws or procedures. Preclearance was designed to prevent covered jurisdictions from enacting discriminatory voting changes before they could be challenged in court. The Supreme Court's 2013 decision in Shelby County v. Holder effectively suspended preclearance by striking down the formula used to determine which jurisdictions were covered, though Congress retains the authority to update the formula and restore the requirement.

The provision of the Voting Rights Act of 1965 that required certain states and localities with a history of voting discrimination to obtain federal preclearance before making any changes to their voting laws or practices. Section 5 was one of the most powerful tools in federal voting rights enforcement for nearly five decades, blocking hundreds of discriminatory voting changes before they could take effect. Its practical effect was suspended by the Supreme Court's ruling in Shelby County v. Holder in 2013, which struck down the coverage formula that determined which jurisdictions were subject to the requirement.

The requirement under federal law that election materials and assistance be provided in languages other than English in jurisdictions where a significant portion of the population speaks a language other than English and has limited English proficiency. Language access provisions in the Voting Rights Act are designed to ensure that limited English proficient citizens can participate fully in the electoral process. The specific languages required and the jurisdictions covered are determined by Census data, and compliance is monitored by the Department of Justice.

A polling location that meets federal and state requirements for physical accessibility, ensuring that voters with disabilities can enter the facility, navigate to the voting area, and cast their ballot without assistance if they choose. Requirements include accessible parking, ramps or level entrances, accessible voting booths, and accessible voting equipment. The Americans with Disabilities Act and the Help America Vote Act both impose accessibility requirements on polling places, though compliance varies and accessibility complaints remain common.

The accommodations and support available to voters who need help casting their ballot due to a physical or mental disability. Federal law guarantees voters with disabilities the right to receive assistance from a person of their choosing, with limited exceptions, and prohibits poll workers from refusing to provide or allow reasonable assistance. Voters with disabilities also have the right to accessible voting equipment, curbside voting, and other accommodations that allow them to participate privately and independently.

Extended wait times at polling places, which can deter voters from casting their ballots and effectively function as a barrier to participation. Long lines are most commonly caused by an insufficient number of polling places, too few voting machines or poll workers, and high voter turnout relative to available resources. Research has documented that long lines disproportionately affect voters of color and urban voters, and that significant numbers of voters leave polling place lines without casting a ballot. Long wait times are widely considered a symptom of underinvestment in election administration infrastructure.

Requirements that voters register by a specified deadline, which may be days or weeks before an election, in order to be eligible to vote in that election. Strict registration deadlines create a window of time during which newly eligible voters, recently moved voters, and previously unregistered voters cannot participate even if they are fully eligible. States with same-day registration, which allows voters to register and vote on the same day, have consistently higher turnout than states with earlier registration cutoffs.

A designation applied to registered voters who have not voted in recent elections or whose registration materials have been returned as undeliverable, flagging them for potential removal from the voter rolls if they do not confirm their registration. Federal law allows states to use inactivity as part of their voter roll maintenance process but imposes requirements about notice and waiting periods before an inactive voter can be removed. Voters placed in inactive status may be required to cast a provisional ballot or update their registration at the polls.

A ballot that has been set aside because a poll worker, election observer, or in some states any registered voter has formally questioned the eligibility of the voter who cast it. Challenged ballots are reviewed by election officials and counted only if the challenge is resolved in the voter's favor. The grounds on which ballots can be challenged and the procedures for resolving challenges vary by state. Coordinated mass ballot challenges targeting specific communities have raised concerns about their potential use as a voter suppression tactic.