Know Your Rights: Transgender and Gender Non-Conforming Voters

But North Dakota is one of the most challenging states for transgender and non-conforming voters.

Because North Dakota doesn’t have a voter registration system, everyone is required to present a valid photo ID on Election Day. Having ID that doesn’t match a person’s gender identity or presentation does not affect someone’s right to vote, but it might create obstacles – especially considering the current political climate and number of discriminatory LGBTQ+ laws in the state. Concerns of harassment and personal safety are valid and all-too real.

The ACLU works to ensure that LGBTQ+ and Two Spirit people belong everywhere and can live openly and authentically without discrimination, harassment, or violence. This resource seeks to help voters (and allies) know the rights of transgender and gender-non-conforming citizens as they go to the polls.

• Check your ID: Make sure your state issued ID, driver’s license, or tribal issued ID is up to date. If you are not able to update it by the time you go to vote, you will need to provide supplemental documentation. Don’t worry if your gender identity or gender presentation doesn’t match your name, photo, or gender marker on your ID, you are still eligible to vote. As long as all legal requirements have been met, you are entitled to vote.
• Take a friend: If you are voting in person, consider going with a friend in case you encounter harassment or need to document discrimination. You may want to plan extra time in case you encounter difficulties.
• Vote by mail: Anyone can vote by mail in North Dakota without a reason (also called “absentee voting”). This is an easy and effective way to vote without having to go to a polling location in person. If you are voting by mail, make sure you fill out your ballot and sign using the name listed on your ID and that it matches the signature on the mail-in/absentee ballot application.
• You have the right to a set-aside ballot: If you forgot to bring your ID or supplemental documents or a poll worker is refusing to let you vote because of an ID issue, you can still vote with a “set-aside” ballot. If you are not offered one, request one. Note: This ballot won’t be counted immediately. It is set aside – hence the name – until you show a valid ID to your county auditor within 13 days following the election.
• Ask to speak to the inspector: If you are having issues with a clerk or election judge while voting, ask to speak to the inspector and/or deputy inspector (the polling site managers). If issues remain, look for a volunteer attorney at the polling place who may be there assisting voters or call your County Auditor’s office. You can also call the National Election Protection Hotline at 866-OUR-VOTE (866-687-8683). . If you or someone else is in physical danger, call 911.

Please note, this page is a resource, not legal advice. It is provided for informational purposes only. North Dakota may revise its laws after this page is printed or published online. If you believe your rights have been violated or for more information on your rights as a voter, contact us at aclund.org or email [email protected].