Voting as a trans person: Here’s what you need to know

At least 38 states have varying voter ID laws requiring voters to show some form of identification at the polls. This can present unique challenges to trans and nonbinary people if their name, gender marker, or gender presentation doesn’t match what’s written on their government-issued ID or their voter registration records. Trans and nonbinary voters can also face harassment from poll workers and other voters when trying to cast their ballots.

“Having an ID that doesn’t match your gender identity or presentation should not affect your right to cast a ballot, in any state,” according to Trans the Vote. In fact, it is illegal for poll workers to deny you the right to vote based on your gender identity.

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This guide will help you understand your rights, navigate potential obstacles, and ensure your voice is heard.

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Yes, trans people can vote

In the United States, your right to vote is not contingent on your gender identity or presentation. In the U.S., the right to vote is generally determined by citizenship, age, and residency requirements; though some states require photo ID to vote or forbid convicted felons from voting.

Outside of those conditions, trans people are generally eligible to vote as long as they meet these criteria:

• U.S. Citizenship: Only U.S. citizens can vote in federal elections.
• Age: You must be at least 18 years old by the time of the election.
• Residency: You must be a resident of the state where you are registering to vote.

Being trans does not impact any of these criteria. Therefore, if you meet the above requirements, you are eligible to vote, regardless of your gender identity.

Transphobia Voter ID laws and transphobia: The challenges trans people face when voting

Voting can present unique challenges for trans and nonbinary individuals, particularly when it comes to voter ID laws. About half of all eligible trans voters who live in states with strict voter ID laws also lack IDs that accurately reflect their name or gender, according to a 2022 report by the Williams Institute at UCLA School of Law.

Some of these states have laws that make it difficult, costly, time-consuming, or impossible for such voters to change the name and gender markers on their government-issued ID.

Additionally, poll workers and fellow voters can harass or intimidate trans and nonbinary voters, especially if they’re unfamiliar with these groups or if they don’t understand the protocols and laws allowing trans and nonbinary people to vote, regardless of their ID.

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How trans people can prepare to vote

Despite these challenges, there are steps trans people can take to ensure their vote counts:

1. Update your identification: If possible, update your ID to reflect your current name and gender marker. While the process can be lengthy and costly, having an accurate ID can help prevent issues at the polls. Resources from organizations like the National Center for Transgender Equality can guide you through the process.
2. Check your voter registration status: If you are not registered, register now. Ensure your voter registration is up to date by checking your status at websites like vote.org or the National Association of Secretaries of State (NASS). Make sure your name and address match those on your ID.
3. Know your state’s ID requirements: Researching the ID requirements for your state can help you avoid surprises at the polling station. VoteRiders and Ballotpedia provide detailed information on requirements and accepted forms of ID in each state. You can also order a Voter ID information card that lists your state’s laws along with your rights or contact VoteRiders’ free legal hotline before Election Day to ask questions.
4. Bring additional documentation: If your state requires ID, bring that along with your voter registration card, a utility bill showing the address where you’re registered, and any other ID (like a passport) if you have them.
5. Consider voting by mail: If your state allows it, voting by mail can be a safer and more convenient option to avoid the potential stress of in-person voting. Many states expanded mail-in voting options during the COVID-19 shutdowns. Vote.org and NASS.org can help you sign up to vote by mail or absentee ballot.
6. Know your rights: It is illegal for poll workers to deny you the right to vote based on your gender identity. As long as your relevant voter data (usually your name and address) matches one of the acceptable forms of ID, you have the right to vote. Poll workers have no right to ask about your medical history. Familiarize yourself with your state’s voting laws and be prepared to assert your rights if necessary. Carry a copy of relevant state guidelines, federal protections, and this informational one-sheet on trans issues for poll workers and election workers just in case.
7. If you encounter problems: If a poll worker engages in biased behavior or language, don’t panic. You can always request that poll workers speak with a local election supervisor, election judge, or with an election attorney or election protection volunteer at your polling place to resolve any remaining issues. You can also visit 866ourvote.org or call or text the National Election Protection hotline at 866-OUR-VOTE (866-687-8683) for assistance. Additionally, you can also request a provisional ballot, but be sure to ask for follow-up instructions to ensure your vote is counted.
8. Seek support: You don’t have to navigate your voting journey alone. Reach out to local LGBTQ+ organizations for support and information. Organizations like the HeadCount, the Election Protection coalition, and many of the others already mentioned offer assistance and resources that can help you if you face any challenges at the polls.

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These queer voters aren’t all in for Harris. Here’s why.

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Your voice matters—make sure it’s heard

By understanding the challenges and arming yourself with the right information, you can confidently cast your vote and ensure your voice is heard, even if you encounter a mix-up with gender markers or an uninformed poll worker.

The trans community’s participation in the democratic process is vital, so make a plan, know your rights, and vote with confidence.

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