Know Your Rights
By Laura Merriman and Carlo Ballesteros-Flores
We will cover frequently asked questions regarding in-person North Carolina voting and special issues. If you have any questions, you should check with the North Carolina State Board of Elections (“NCSBE”) and your local county board of elections.
When can you vote?
Early Voting began on October 17 and will continue until November 3 at 3 p.m. Election Day is November 5, polls will be open from 6:30 a.m. to 7:30 p.m. Any voter in line at their assigned polling place at 7:30 p.m. will be able to vote. You must be registered to vote before Election Day.
Where do you vote?
During Early Voting, voters may cast a ballot at any early voting site in their county. On Election Day, registered voters must vote at their assigned polling place.
Are you registered to vote?
You can check to see if you are registered to vote, and you can also look at a sample ballot. If you still need to register, do not worry. You can register in person during Early Voting. To register using same-day registration, a voter must meet all eligibility requirements and reside in the county where they are registering for at least 30 days before Election Day. Registering at an early voting site during the early voting period requires voters to provide proof of residence. All voters who use same-day registration will also be asked to show an acceptable form of photo identification when they check in to vote.
Do I need an ID to vote?
All registered voters will be allowed to vote with or without a photo ID. If you do not have a photo ID at the polling place, you will vote with a provisional ballot. For your provisional ballot to be counted, you must either 1) complete an ID exception Form provided at the polling place and meet one of the three exceptions or 2) return to your county board of elections office with their photo ID by the day before county canvass – this deadline is the Monday following Election Day. Please review the acceptable forms of photo ID provided by the NCSBE.
What are the exceptions on the ID Exception Form?
- You have a “reasonable impediment” to being able to provide a valid photo ID. The following are generally the choices:
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- Lack of transportation
- Disability or illness
- Lack of birth certificate or other documents needed to obtain ID
- Work or school schedule
- Family responsibilities
- Photo ID is lost, stolen, or misplaced
- Applied for photo ID but have not received it
- (For mail-in voters only) Unable to attach a copy of photo ID (You must include your driver’s license number or last four digits of Social Security number)
- Other reasonable impediment (if selected, you must write the reason on the form)
- State or federal law prohibits voter from listing the reason
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- You have a religious objection to being photographed.
- You were a victim of a natural disaster within 100 days before Election Day that resulted in a disaster declaration by the President of the United States or the Governor of North Carolina. A list of counties under the federal disaster declaration due to Hurricane Helene is available. If you are registered in one of the affected counties and have lost your photo ID, you can complete a Photo ID Exception Form at your voting site or send it with your absentee ballot. Check the box for “Exception 3: Victim of a Natural Disaster” and sign the form.
How can I get an ID?
All county boards of elections can issue free voter photo IDs to registered voters in their county. To be issued a free voter photo ID card, the voter must provide their name, date of birth, and the last four digits of their Social Security number, and have their photo taken. To get a free voter ID, please visit Get a Free Voter Photo ID. Any North Carolina resident can get a free non-driver’s ID card from the DMV.
What information is public on the Voter Search?
The Voter Search is public and will display your Voter Details and Voter History. Importantly, who you vote for is private information. The Voter Details include your county, your party affiliation (if any), and any provided demographic information. The Voter History will include your method of voting (Early, Election Day, Absentee, or Provisional), the county where you voted, and which primary election you voted in, if applicable.
What if I have a disability?
Federal and state laws require early voting locations and Election Day polling sites to be accessible. If you are a disabled voter, you have the right to vote privately and independently. You also have the right to cast your ballot at an accessible polling place with voting machines for voters with disabilities. Contact your county board of elections to report problems or potential problems with accessibility.
If you are blind or have a physical disability and are unable to enter the voting booth or mark a ballot without assistance, you are entitled to assistance from a person of your choice as long as that person is not your employer or an agent or officer of your union.
Every voting site in North Carolina offers curbside voting for voters who are unable to enter the voting place without physical assistance due to age or disability.
The term “disability” means you:
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- Are unable to enter the polling place due to age or physical or mental disability, such as
- agoraphobia;
- Have a medical condition that puts you at increased risk of COVID-19;
- Should not wear a mask due to a medical or behavioral condition or disability; or
- Are experiencing symptoms of COVID-19.
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Curbside voting is offered at each Election Day polling place and early voting site. Signs should be in place to direct voters to the curbside voting location. Curbside voters must sign an affidavit affirming that they are unable to enter the voting place to cast their ballot. A curbside voter has the same rights to assistance as any other voter.
What if I have limited English proficiency?
North Carolina does not provide ballots in languages other than English. If you have limited English proficiency, you may bring someone to assist you in voting. The person assisting you cannot be your employer or union representative. This person can read and translate your ballot, but they cannot persuade you to vote in a particular way, record anything that occurs in the voting booth, or disclose how you cast your vote.
What if I am transgender?
The gender marker on your voter registration does not need to match the gender marker on your ID. The photo on your ID must “reasonably resemble” your appearance when you vote. An individual poll worker may question your appearance, but they cannot turn you away based on appearance. The judges of the election at the polling place must all agree that the photo ID does not reasonably resemble your physical appearance to prevent you from casting a normal ballot.
If you have legally changed your name, make sure the name on your ID and voter registration are the same. You can change your name on your voter registration if you vote in person during early voting, but you cannot change it on Election Day.
What if I am registered in a county affected by Hurricane Helene?
If you had to relocate due to Hurricane Helene, you can request that your ballot be delivered to your temporary housing location or wherever you receive mail. If you have already requested an absentee ballot and need it sent to a new location, contact your county board of elections to spoil your current ballot and reissue a ballot at your new location.
If you are registered in an area under the federal disaster declaration, you can:
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- Visit your county board of elections during business hours and request and complete an absentee ballot until 5 p.m. on November 4.
- Deliver your completed absentee ballot in person to any N.C. county board of elections office or the State Board of Elections in Raleigh by 5 p.m. on November 4.
- Deliver your absentee ballot in person to any N.C. early voting site during operation hours.
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What if I have to cast a provisional ballot?
If any issue arises, you have a right to vote with a provisional ballot. The poll worker must also give you information about any additional steps needed for your ballot to be counted and directions on how to learn if your provisional ballot was counted.
Each provisional voter will receive a Provisional Identification Number (“PIN”) which can be used along with their birthday to check the status of their ballot. The status of your provisional ballot will be available no earlier than 10 days after election day. You can check the status of your provisional ballot online or call (919) 814-0700 or (866) 522-4723.
What if I have additional questions or concerns?
You can find additional information at North Carolina State Board of Elections (“NCSBE”) and your local county board of elections.
Additionally, you can contact the ACLU Election Protection Hotline at (888) 687-8683.