2010 Tennessee Voter Empowerment Card
When is Election Day?
• Tuesday, November 2
When are the polls open?
• Polls will open between 6 a.m. and 10 a.m. and will close at 8 p.m. in the Eastern time zone and 7 p.m. in the Central time zone. You have the right to vote if you're in line to vote when the polls close. Tenn. Code Ann. §§ 2-3-201, 2-7-127.
Where do I vote?
• On Election Day, you have to vote at the polling place to which you're assigned. Your assigned polling place will be listed on the voter registration card that you should receive in the mail when you register. If you don't have your card, you can call your county election commission or look up your polling place online at http://tnmap.state.tn.us/voterlookup.
Can I get time off from work to vote?
• Maybe. If your work schedule begins less than 3 hours after the polls open and ends less than 3 hours before the polls close, you have the right to take time off from work (up to three hours of which must be paid time off) in order to vote. You have to notify your employer by noon on Monday, November 1, and your employer has the right to specify which hours you get to take. Tenn. Code Ann. § 2-1-106.
WHO CAN VOTE
Can I vote in Tennessee?
• You can vote in the November 2 election if you're registered to vote by the registration deadlines.
• You can register if you meet all of the following qualifications:
(1) you're a U.S. citizen;
(2) you're a resident of Tennessee;
(3) you'll be at least 18 years old on Election Day; and
(4) you have not been convicted of a felony (unless your rights have been restored).
What if I'm a student?
• You can register to vote at whatever address you regard as your primary legal residence. This can be your school address or your home address.
What if I've been convicted of a crime?
• If you were convicted of a misdemeanor in Tennessee you can vote, but you may have to vote by absentee ballot if you're still in jail.
• If you were convicted of a felony in Tennessee, you can ask to have your right to vote restored if you:
(1) weren't convicted of certain felonies committed during certain years;
(2) were released from jail or prison;
(3) finished probation and parole;
(4) paid all court-ordered restitution and court costs;
(5) are current on all court-ordered child support; and
(6) secure authorized signatures on a Certificate of Restoration that then must be approved by the State Election Commission.
• For more information and to find out how to receive a Certificate of Restoration, visit http://www.aclu-tn.org/votingrights.html.
What if I'm homeless?
• You don't need a home to register, but you do have to identify a place of residence (which can be a street corner, a park, a shelter, or any other place where you usually stay). If you register to vote by mail, you'll also have to give a mailing address where you can receive mail (for example, a shelter).
ACCESSIBILITY
What if my polling place is not accessible?
• Contact your election commission right away. You have the right to an accessible polling place and an accessible voting machine. Or, if you prefer, you can vote by mail.
• You can also bring one or more people to assist you at the polls. You have the right to have anyone you choose assist you as long as the person is not your employer, an agent of your employer, or an officer or agent of your labor union.
• If you're 65 or older or have a disability, you have the right to vote at your election commission's office on Election Day. You have to fill out an affidavit form stating that your designated voting location is not accessible. The form is due by October 23 at the county election commission's office if you've never voted before. Tenn. Code Ann. § 2-3-109.
VOTER ID
Do I have to show ID?
• Probably not. Poll workers are required to ask for it, but most voters can cast a regular ballot without ID if they sign an Affidavit of Identity form.
• You only need to show ID if:
(1) you're a first-time voter in Tennessee;
(2) you registered to vote by mail; and
(3) you didn't provide any identification when you registered.
What are the accepted forms of ID?
• Accepted forms of ID include a current Tennessee driver's license, a current voter registration card, a social security card, a credit card with your signature on it, or any other document with your name and signature on it. Tenn. Code Ann. § 2-7-112.
• If the first-time-voter ID requirements apply to you, the accepted forms of ID also include any current and valid photo ID (even if it doesn't have your signature on it), or a current utility bill, bank statement, government check, paycheck or any other government document that shows your name and address. However, if you use one of these forms of ID, you may also have to fill out an Affidavit of Identity form.
What if I don't have any ID?
• If the first-time-voter ID requirements apply to you, you can cast a provisional ballot. If you have ID, it's usually better to get it and return to the polls to cast a regular ballot. Otherwise, ask for the Affirmation of Identity form. You have a right to cast a regular ballot without ID if you sign this form. Tenn. Code Ann. § 2-7-112.
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.
• If you're at the right polling place but your name isn't on the voter list, demand a provisional ballot. You have the right to cast a provisional ballot, even if your name is not on the voter list, as long as you're willing to swear that you believe you registered to vote. Tenn. Code Ann. § 2-7-112.
What if I go to the wrong polling place?
• Go to the right polling place. You can ask a poll worker to help you find the polling place where you're registered. You can also call your county election commission office or look up your polling place online at http://tnmap.state.tn.us/voterlookup/.
• 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 and ask for a provisional ballot. You have the right to cast a provisional ballot even if you're not sure that you're at the right polling place.
What if someone challenges my right to vote?
• Election judges will ask you some questions and rule on the challenge. If the judges rule against you unanimously, you have the right to cast a special ballot, but that ballot will not be counted. If the judges don't rule against you unanimously, you have the right to cast a regular ballot. Tenn. Code Ann. §§ 2-7-102, 2-7-123, 2-7-125.
What if I make a mistake on my ballot or the voting machine malfunctions?
• Tell a poll worker before you cast your vote. If you spoil a paper ballot, you have the right to up to three replacement ballots as long as you catch your mistake before you cast your ballot. If your voting machine malfunctions, the election judges will decide whether you should vote on a different machine or on a paper ballot. Tenn. Code Ann. §§ 2-7-119, 2-7-120.
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 election commission, call one of the election hotline numbers listed on the front of this card, or make a complaint online at http://www.aclu-tn.org/gethelp/htm.
How do I make a complaint?
• First, ask for an election supervisor at your polling place. He or she can handle most routine complaints that arise on Election Day. Candidates, political parties, and nonprofit groups may also have poll watchers at your polling place who might be able to assist you. If any of those people ask you who you voted for, or if they can't resolve your complaint, call your county election commission or the Secretary of State.
Can I get a ballot in my native language?
• Election materials in Tennessee are generally available in English only, but you have the right to bring an interpreter with you to the polls or to get assistance in your language from anyone you choose, including a poll worker, as long as the person is not your employer, an agent of your employer, or an officer or agent of your labor union.
What if I need help in the voting booth?
• If you need help because of a 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. You also have the right to have anyone you choose assist you in the voting booth, including a poll worker, as long as the person is not your employer, an agent of your employer, or an officer or agent of your labor union. Tenn. Code Ann. § 2-7-116.
If you need instructions on how to use the voting equipment, ask a poll worker for help. Poll workers are required to help you at any time you ask — even after you've entered the voting booth.
TIPS FOR AVOIDING PROBLEMS
Protect your right to vote - take this card with you to the polls.
• Vote early in the day to avoid the last-minute rush.
• Bring some form of identification.
• Read all instructions carefully.
• Ask for help if you need it.
• Take your time. You have up to 5 minutes in the voting booth to cast your ballot if other voters are waiting and 10 minutes otherwise. Tenn. Code Ann. § 2-7-118.
TENNESSEE SECRETARY OF STATE: (615) 741-7956
ACLU-TN ELECTION DAY HOTLINE: (877) 615-1999
ACLU OF TENNESSEE: (615) 320-7142
