2010 California Voter Empowerment Card
The American Civil Liberties Union (ACLU) is a nationwide, nonprofit, nonpartisan organization with more than 500,000 members dedicated to defending the principles of liberty and equality embodied in the Constitution and our nation's civil rights laws. The ACLU doesn't endorse or oppose any candidate or party, but we believe that no civil right is more important in our democracy than the right to vote.
This card is designed to help you protect your own right to vote. Keep it handy, and take it with you to the polls on Election Day.
WHO CAN VOTE
Can I vote in California?
• You can vote in the November 2 election if you're registered to vote by Monday, October 18, 2010.
• You can register if you meet all of the following qualifications:
(1) you're a U.S. citizen;
(2) you're a resident of California; and
(3) you'll be at least 18 years old on Election Day.
What if I'm a student?
• You can register to vote at your current school address. However, if you do not intend to use your school address as your permanent residence, you can continue to use your prior permanent residence where you were previously registered to vote as your address for the purpose of voting.
What if I've been convicted of a crime?
• If you were convicted of a misdemeanor, you can vote, but you have to vote by mail with a vote-by-mail ballot if you're still in jail.
• If you were convicted of a felony, you can vote if you are on probation, you have completed your probation, you have completed your parole, or your felony conviction did not result in a prison sentence. The only time you are NOT allowed to vote is if you are in state prison or on parole.
What if I'm homeless?
• You don't need a home address to register. Just identify two cross streets where you usually stay on the map provided at the bottom of the voter registration form.
REGISTRATION
How do I register?
• You can register to vote by:
(1) picking up a registration form at the DMV, post office, or your local county elections office. You can also call (800) 345-VOTE and ask that they mail one to you. Complete the form, sign it, and mail or hand-deliver it to your county elections office;
(2) downloading a registration form from the Internet and mailing the completed form to your county elections office; or
(3) registering online with the Secretary of State. Once you complete the online form, it will be mailed to you to sign. You will not be registered until you sign and mail it back.
• The mail-in voter registration forms can be found online at: http://www.sos.ca.gov/elections/english.pdf (English) or http://www.sos.ca.gov/elections/spanish.pdf (Spanish).
What's the registration deadline?
• Your registration form must be postmarked by Monday, October 18.
What if I miss the deadline?
• You won't be able to vote in the November 2 election, but you can register to vote in other future elections.
What if I've moved or changed my name?
• You have to re-register every time you move or change your name. However, if you have moved from your home into a temporary residence, then you can continue to use your prior permanent residence.
• If you moved to California from another state and didn't re-register, you won't be able to vote in the November 2 election.
• If you moved within California, didn't re-register, and your previous county election office has NOT received notice of the move, then you can vote in your previous county for the last time. If the county election office has received notice, then you won't be able to vote in the November 2 election.
• If you moved 14 days prior to the election, then you can vote in your previous county for the last time. Cal. Elec. Code § 2035.
How do I know if I'm registered?
• Some county elections officials allow you to check the status of your voter registration through their website, by telephone, or both. Find information for your county online at: http://www.sos.ca.gov/ elections/registration-status/index.htm.
VOTING EARLY
Can I vote before Election Day?
• Yes. Any registered voter can vote before Election Day by casting a vote-by-mail ballot. Some counties also allow you to vote in person at selected locations before Election Day.
How do I vote early in person?
• Call your county elections office for possible hours and location of an early voting center near you. Phone numbers can be found online at: http://www.sos.ca.gov/elections/ elections_d.htm.
How do I get a vote-by-mail ballot?
• Apply in writing to your county elections office, complete the vote-by-mail ballot application that is included in your sample ballot, which your county elections office will mail to you prior to each election, or download and complete a vote-by-mail ballot application online at: http://www.sos.ca.gov/elections/ vote-by-mail/pdf/fill-in-vote-by-mail-app-instruct.pdf.
What's the deadline for returning my vote-by-mail ballot?
• Your vote-by-mail ballot must be received by your county elections office no later than 8:00 p.m. on November 2. You may also hand-deliver it to any polling place in your county or to the county elections office prior to 8:00 p.m. on November 2.
VOTING ON ELECTION DAY
When is Election Day?
• Tuesday, November 2
When are the polls open?
• Polls will be open from 7 a.m. to 8 p.m. You have the right to vote if you're in line or inside your polling place when the polls close. Cal. Elec. Code § 14401.
Can I get time off from work to vote?
• Maybe. If you do not have sufficient time outside of work to vote, you have the right to take time off from work (up to two hours of which must be paid time off) in order to vote. You have to give your employer at least two working days notice of your need to take time off, and the time must be taken at the beginning or end of your workday. Cal. Elec. Code § 14000.
Where do I vote?
• On Election Day, you have to vote at the polling place to which you're assigned.
• The sample ballot you receive from your county elections office prior to the election will list your assigned polling place.
• You may also contact your county elections office for polling place information.
What if my polling place is not physically accessible?
• "Curbside voting" is available to the physically disabled at polling places that are not physically accessible. You should get as close as possible to the voting area, and elections officials will bring you a roster to sign, a ballot, and any other voting materials you may need. Contact your county elections office to find out if your polling place is accessible.
Can I get a ballot in my native language?
• Depending upon what county you vote in, alternative language ballots may be available. Call your county elections office to find out what languages are available.
• If a ballot in your language is not available, you may bring an interpreter with you to the polls (as long as they are not your employer or labor union officer).
What if I need help in the voting booth?
• If you cannot mark a ballot due to physical disability or because you can't read the ballot, tell a poll worker when you get to your polling place. You have the right to vote on an accessible voting machine, and you have the right to select up to two people (including a poll worker) to help you in the booth as long as they are not your employer, agent of your employer, or officer or agent of your labor union. Cal. Elec. Code § 14282(a).
• You should be instructed as to how to use the voting equipment prior to entering the booth. However, if you need further instructions once you are inside, ask a poll worker for help. They are required to help you. Cal. Elec. Code § 14272.
VOTER ID
Do I have to show ID?
• Probably not. Most voters won't need to show ID at all.
• If you are voting for the first time after registering by mail and did not provide your driver's license number, California identification number, or the last four digits of your social security number on your registration form, you may be asked to show identification.
• As a precaution, it's always a good idea to bring ID if you have one.
What are the accepted forms of ID?
• For a list of more than 30 acceptable forms of identification, contact your county elections office or go online to: www.sos.ca.gov/elections/elections_regs.htm and click on HAVA Identification Standards.
What if I don't have any ID?
• Ask for a provisional ballot. You have the right to vote by provisional ballot even if you don't have ID with you when you vote. Cal. Code Regs. tit. 2, § 20107(c).
PROBLEMS AT THE POLLS
What if I'm not on the voter list?
• First, ask a poll worker to check the list again and to confirm that you're at the right polling place for your address.
• If your name is not on the list, ask for a provisional ballot. Your vote will be counted after elections officials have confirmed that you are registered to vote and that you did not vote elsewhere in that election. They can also give you information about how to check if your provisional ballot was counted.
What if I go to the wrong polling place?
• Go to the right polling place. You can call (800) 345-VOTE or your county elections office to find your polling place. Also, by October 15, polling places will be listed online at: http://www.sos.ca.gov/elections/elections_ppl.htm.
• If you can't figure out where you're registered, go to the polling place that you think is most likely to be the right one for your address. If you are not on the list, ask for a provisional ballot.
What if someone challenges my right to vote?
• Your right to vote may only be challenged by a member of the precinct board and only for the following reasons:
(1) you are not the person whose name appears on the index;
(2) you are not a resident of the precinct;
(3) you are not a citizen;
(4) you have already voted; or
(5) you are on parole for a felony. Cal. Elec. Code § 14240(a).
• If challenged for residency or citizenship reasons, a precinct officer will ask you questions about your residence. The officer may also ask other people present to be sworn and answer questions if it is believed they know something. Cal. Elec. Code §14244 & 14247.
• If challenged for identity or already voting, a precinct officer will administer an oath. If you take the oath, you will be allowed to vote. Cal. Elec. Code § 14243, 14245 – 46.
• If you or the people present refuse to take the oath, be sworn, or answer questions about your residence or citizenship, then you will not be allowed to vote. Cal. Elec. Code § 14249.
• Having an accepted form of ID may also help to resolve the challenge.
What if someone tries to intimidate or harass me?
• Tell a poll worker right away. If the poll worker is the problem, tell a poll watcher, call your county elections office, call one of the phone numbers listed at the end of this card, or make a complaint online at http://www.votingrights.org.
IMPORTANT ELECTION DATES
October 18, 2010: Last day to register to vote
October 26, 2010: Last day to request a vote-by-mail ballot
November 2, 2010: Election Day! Polls open from 7 a.m. – 8 p.m.
If your rights have been denied or you are aware of election fraud or misconduct, call:
California Secretary of State: (916) 657-2166
Voter Hotlines:
English: (800)-345-VOTE (8683)
Chinese: (800) 339-2857
Japanese: (800) 339-2865
Korean (800) 575-1558
Spanish: (800) 232-VOTA (8682)
Tagalog: (800) 339-2957
Vietnamese: (800) 339-8163
U.S. Department of Justice: (800) 253-3931
ACLU Voting Rights Project: (877) 523-2792, www.votingrights.org
ACLU of Northern California: (415) 621-2493
ACLU of San Diego & Imperial Counties: (619) 232-2121
ACLU of Southern California: (213) 977-9500
QUICK TIPS FOR VOTING:
• Check your voter registration status at least 30 days before the election.
• Vote before Election Day, using early voting or absentee voting.
• If you plan to vote at the polls, locate your polling place at least 30 days before the election.
• Vote early in the day to avoid the last-minute rush.
• Bring some form of identification even if it's not required.
• Read all instructions carefully.
• Ask for help if you need it.
• Take your time. You have up to ten minutes to complete your ballot, or longer if all of the voting booths aren't occupied. California Elections Code § 14224.
