Having an ID that doesn’t match your gender identity or presentation does not affect your right to cast a ballot. While gender discrepancies on your ID are not a valid reason to deny a regular ballot, knowing the laws and your rights can help avoid problems at the polls this Tuesday. Your photo ID is valid as long as it meets these three criteria:
- It is genuine
- It bears a photograph that reasonably appears to be you (Under the regulations, officers of elections must make this determination)
- It is not expired for more than 12 months
Regulations say nothing about whether the gender marker or gender presentation on your photo ID should match your gender presentation on the day you vote. However, if you’re subjected to intimidation or turned away because of bias or a misunderstanding of the law—call the ACLU Election Protection Hotline at 866-OUR-VOTE or the Election Day Hotline at 804-644-8080.
The ACLU has prepared a Trans Gender Voting Rights guide that can be downloaded here: https://acluva.org/sites/default/files/trans_voter_id_law.pdf
In addition, the National Center for Transgender Equality Action Fund offers a #Votingwhiletrans guide here: https://transformthevote.org/voting