KNOW YOUR 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.
- Under federal law, all polling places for federal elections must be fully accessible to voters with disabilities. Election officials, including poll workers, must make reasonable accommodations as needed to help you vote. Additionally, you have the right to receive in-person help from the person of your choice so long as that helper is not your employer, an agent of your employer, or an agent or officer of your union. Learn more about voting rights for voters with disabilities.
- Do you have difficulty speaking English? Three Nebraska counties – Colfax, Dakota and Dawson – must legally provide Spanish election materials. Other counties may choose to provide translated materials, but don’t have to. Under federal law, voters who have difficulty reading or writing in English may receive in-person assistance at the polls so long as that helper is not your employer, an agent of your employer, or an agent or officer of your union.
- If the poll worker says your name is not on the list of registered voters, you are entitled to vote using a provisional ballot. After Election Day, election officials must investigate whether you are qualified to vote and registered. If you are, they will count your ballot. Learn more about provisional ballots and your rights.
Voter ID
For the first general election in the state’s history, Nebraskans will be required to show valid photo identification at the polls before voting.
- Photo ID should only be used to verify name and photograph.
- Nebraska drivers’ licenses, state IDs, tribal IDs, U.S. passports and IDs issued by any post-secondary institution in Nebraska are examples of acceptable forms of ID.
- Your ID can be expired or reflect an old address and still be used for the purpose of voting.
- If there is a dispute that might prevent you from casting your ballot, ask for a provisional ballot.
If you can't afford an ID, you can get a free state ID for voting from the DMV. You may also complete a Reasonable Impediment Certification if you have a disability or illness that prevents you from obtaining valid photographic identification, an inability to obtain a birth certificate or other required documents without significant difficulty or expense, or a religious objection to being photographed.
LGBTQ+ Nebraskans
If you’re transgender, nonbinary, or gender-nonconforming, you may have had problems in the past with someone questioning your identity because of your name, gender marker, or photo on your ID or you may simply be nervous about whether this might happen. No one should question you about your identity while voting.
- A poll worker cannot prevent you from voting just because you don’t look like your picture or what the poll workers thinks you “should” look like based on your name or gender marker.
-
If you have legally changed your name, you must update your name at the DMV to update your voter registration. You can update your registration at the DMV at the same time as updating your name. If you are unable to do so prior to Oct. 18th, the deadline for registration at the DMV, you can still vote. Your experience at your polling place will depend on if you have already visited the DMV to update your name and registration in the time between Oct. 18th and Election Day. If you have already visited the DMV and your old license has been voided, present the paper temporary ID you were provided. A poll worker will provide you with a provisional ballot. If you have not yet visited the DMV, you can present your old drivers license.
- If there is a dispute that might prevent you from casting your ballot, ask for a provisional ballot.
Felony Disenfranchisement
If you’ve completed all terms of your felony sentence, you are likely impacted by the Nebraska Secretary of State’s recent effort to deny Nebraskans with past felony convictions access to the ballot. We’re suing. Read about the case below, and learn more about your rights. (Note that felonies impact your right to vote, but misdemeanors do not impact your right to vote. Just because you’ve spent time in jail recently or are currently in jail doesn’t necessarily mean you’ve lost your right to vote. What matters is if you have felony convictions on your record.)
DEFENDING DEMOCRACY
Every Nebraskan should have equal access to the ballot box. But we know that some of us have had to fight for our right to vote and overcome barriers, including voters of color, LGBTQ+ voters, students and voters with disabilities. It shouldn’t be that way. Here’s how we’re working to ensure no Nebraskan is denied their freedom to vote.
Seeking Ballot Access for Nebraskans with Felony Convictions
Thousands of Nebraskans’ voting rights depend on the outcome of a lawsuit brought by the ACLU, ACLU of Nebraska and law firm Faegre Drinker on behalf of Civic Nebraska and two Nebraskans impacted by a recent directive from the state’s top elections official. In July, Nebraska’s secretary of state ordered county election officials to refuse to register Nebraskans with past felony convictions in defiance of a law that requires the restoration of voting rights once a Nebraskan has completed the terms of their felony sentence. The Nebraska Supreme Court heard arguments in late August. While we all wait for a decision, make sure you know your rights.
Powering the Polls
Democracy depends on volunteers to make sure that our elections run smoothly and that everyone’s vote is counted. We are proud to partner with Power the Polls, a national effort to keep polling places open and help elections run smoothly. Together, we’ve helped recruit ACLU of Nebraska supporters to serve as poll workers and ensure that we have a safe, fair and accessible election. Volunteer to be a poll worker this year.
Poll Worker Education
This year, we are once again partnering with our friends at OutNebraka to make sure that poll workers have information to help guide them in creating a welcoming environment for LGBTQ+ voters and ensuring each eligible voter can cast their ballot. Our tip sheet lays out simple definitions and guidance for facilitating the vote of transgender, gender-nonconforming and nonbinary voters, covering topics such as what to do if a voter’s photo ID seems different than their current gender presentation.
Ready to get to work? Share this resource with your friends and family and make sure they have a plan to get to the polls. Then check out the ACLU's 2024 Conversation Guide for advice on how to talk about the issues at stake with other potential voters in your circle. This November, let’s show up and show out to shape the state we live in.
