Rules for Challenging Voter Eligibility Varies Across the States

Rules for Challenging Voter Eligibility Varies Across the States

Some states allow challenges only to voter registration, but others allow them to absentee ballots and at polling places.

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No matter the state, voter challenges occur against a backdrop of detailed election rules and procedures carried out by election officials and poll workers.

Almost every state has laws concerning voter challenges to ensure elections remain fair and guarantee that only eligible voters cast ballots. A voter challenge is when an election official, watcher or eligible elector of a precinct questions the eligibility of a person to cast a ballot in an election. This could be due to factors such as the voter's residence, citizenship status or age.

The grounds for making a challenge vary across the states. New Hampshire lists over six specific grounds for a challenge, including that a voter is not who he or she claims to be, is an incarcerated felon or has been disqualified from voting by conviction of a willful violation of the election laws. Conversely, Idaho requires only that poll watchers have a reasonable belief that the voter isn't qualified, and the interpretation of what counts as "reasonable" is decided by the county clerk.

Related: Challenges to Voter Eligibility

The many variations on the voter challenge process reflect how each state approaches the management and verification of voter eligibility. While some states allow challenges only to voter registration, others allow them to absentee ballots and at polling places. Challenges to voter registration are addressed before Election Day when someone challenges a voter's right to be on the registration list. Polling place challenges occur on Election Day when qualified individuals challenge a voter's eligibility based on specified grounds.

Some states allow election officials and poll workers to make challenges, but in many states, the voter challenge process creates a role for private citizens. How does this overlap with the detailed list maintenance processes states are already undertaking?

"Before formal state registration systems arose in the late 19th century and early 20th century, the U.S. system of elections relied on partisans and ordinary citizens at the polls to identify individuals ineligible to cast ballots," says Rebecca Green, associate law professor and co-director of the Election Law Program at William & Mary Law School. "As states took over voter registration and election administration, states developed official procedures for verifying voter eligibility and ensuring only eligible voters' ballots count."

All 50 states have a list maintenance system, and they consult a variety of sources to determine voter eligibility. Meanwhile, only some states allow private citizens to challenge voters, and rules for challenges vary greatly across the country.

To provide just one example, challenges to the voter registration list in Georgia must first be submitted in writing and must specify the grounds. After a challenge is filed, the board of registrars must schedule a hearing within 10 business days. If the challenge is upheld at the hearing, the voter's registration will be rejected, or if the challenged voter is already registered, their name will be removed from the list of electors. The challenged voter or the challenger can appeal the decision to a court within 10 days of the boards' decision.

Meanwhile, challenged voters in Wyoming will be allowed to vote a provisional ballot if they sign a written oath before an election judge. After casting of a provisional ballot, challenged voters may present information and documentation of their eligibility to vote to the county clerk. The voters must provide this information by the day after the election. The canvassing board then decides whether the voters are eligible to have their provisional ballot counted. If the canvassing board confirms the challenged voters' eligibility, their provisional ballot will be counted. If the voters fail to provide sufficient documentation or do not meet the eligibility requirements, the provisional ballots will not be counted.

No matter the state, voter challenges occur against a backdrop of detailed election rules and procedures carried out by election officials and poll workers. "Anyone interested in serving as a voter challenger during voting should be sure to familiarize themselves with the rights and responsibilities of challengers in their state," Green says. "And keep in mind that election workers are doing their best to follow the law and ensure only eligible voters are able to cast their ballot."

Helen Brewer is a policy specialist in NCSL's Elections and Redistricting Program; Alonzia Quinn was a summer intern with the program.