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Forbes
Forbes
5 Nov 2024


Voters are entitled to certain rights on Election Day as some states offer same-day registration and require employers to provide time off of work to vote, while other behaviors, like wearing political merchandise and engaging in voter intimidation, are prohibited by law.

TOPSHOT-US-VOTE-POLITICS-EARLY VOTING

Americans in about half of all states are able to register to vote on Election Day. (Photo by JEFF ... [+] KOWALSKY/AFP via Getty Images)

AFP via Getty Images

Polls across all states are open Tuesday as Vice President Kamala Harris and former President Donald Trump face off in a closely contested race for the presidency.

Voters in all states are entitled to certain rights and subject to restrictions, though some vary by state—such as same-day registration, which is only permitted in about half of all states.

Twenty-one states prohibit voters from wearing political apparel at polling stations, including hats, buttons, shirts and other merchandise, according to the National Conference of State Legislatures: Arkansas, California, Delaware, Indiana, Kansas, Maine, Michigan, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Rhode Island, South Carolina, Tennessee, Texas and Vermont. The majority of states prohibit campaign literature, such as signs and banners.

Yes, election workers are required to allow voters to stay in line and vote even after the polls have closed, according to the American Civil Liberties Union. Former President Donald Trump urged his supporters to stay in line to vote in a post on Truth Social on Tuesday morning. Long lines at polling stations have been reported throughout the country on Election Day morning, including in crucial swing states like Wisconsin and Pennsylvania.

Twenty-eight states and Washington, D.C. require employers to provide employees with time off to vote on Election Day, according to human resources software company ADP: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Georgia, Illinois, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Minnesota, Missouri, Nebraska, Nevada, New Mexico, New York, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, West Virginia, Wisconsin and Wyoming. But seven of these states do not require employers to pay employees while they are away from work, casting their ballots: Alabama, Arkansas, Georgia, Kentucky, Massachusetts, Ohio and Wisconsin.

Voter intimidation is prohibited by federal law. The Voting Rights Act prohibits attempts to intimidate, threaten or coerce voters throughout all steps of the voting process, including registering and casting a ballot, according to the U.S. Justice Department. The Justice Department says voters who face intimidation or threats should first contact local police by dialing 911, and then contact the Justice Department. Fears of voter intimidation and threats or violence against election workers have grown this year, as many polling places have adopted heightened security measures. Multiple reports, including a New York Times analysis of more than 1 million messages on the Telegram messaging app, have found the election denial movement has grown more organized since the 2020 election as voters devise plans to challenge the election results, which reportedly includes plans to monitor or disrupt polling places.

Twenty-three states and Washington, D.C. allow voters to register on Election Day, according to the National Conference of State Legislatures, including California, Colorado, Connecticut, Hawaii, Idaho, Illinois, Iowa, Maine, Maryland, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Mexico, New York, North Carolina, Utah, Vermont, Virginia, Washington, Wisconsin and Wyoming. Of these states, Alaska and Rhode Island only allow same-day registration to vote for president and vice president.

Many voting locations will offer paper ballots as a backup should voting machines malfunction, Brennan Center for Justice attorney Derek Tisler told ABC News. Some technical issues were reported Tuesday morning in Kentucky, including voting machines crashing, and officials have pushed back against debunked viral videos that appear to show machines glitching by selecting a different candidate than the voter chose.

Election 2024 Live Updates: Harris, Trump Make Final Battleground Stops As Polls Show A Tied Race (Live Updates) (Forbes)

These States Require Paid Time Off For Employees Voting On Election Day (Forbes)