Know Your Rights: Federal Agents at the Polls
The freedom for every eligible voter to cast their ballot is the foundation of our democracy. Voting is how we help shape our country, state, and community. As threats to our voting rights on the state and federal level persist, it’s important to plan ahead and learn about your rights when voting.
Michiganders have a fundamental right to vote.
Under Proposal 2 of 2022, Michigan voters formally reaffirmed the fundamental right to vote.
This protects the right to vote, including against any action by any person that unduly burdens the right. This protection goes further than federal anti-intimidation law.
You have the right to vote free from intimidation.
Every eligible citizen has the right to cast a ballot freely, fairly, and accessibly – without fear of intimidation.
It is illegal to intimidate voters and a federal crime for anyone — including federal, state, and local officials — to “intimidate, threaten, [or] coerce … any other person for the purpose of interfering with the right of [that] other person to vote or to vote as [they] may choose.”
The deployment of U.S. Immigration and Customs Enforcement (ICE) or other federal officials, U.S. military, or federalized or state National Guard troops to interfere with elections and the right to vote is illegal.
Federal law explicitly prohibits the presence of armed federal agents at the polls.
NOTE: Law enforcement encounters can be stressful and scary, During them you should prioritize staying safe. Knowing your rights is important. No matter what agency you are dealing with, the Constitution constrains how employees can treat you.
What if I’m stopped by local or federal law enforcement while trying to vote?
Always remain calm and never physically resist or obstruct law enforcement. Keep your hands visible.
You may ask if you are free to leave at any point in your interaction. Say, “Am I free to go?” If the answer is “yes,” you are free to walk away. If the answer is no, you have been stopped and must remain where you are until you have been told that you are free to go.
You do not have to answer a government official’s questions except if you are stopped for certain traffic, parking, or pedestrian offenses, then you must provide your name and address if asked. Outside these settings, if you don’t want to answer a question, say, “I want to remain silent.”
Government officials cannot detain you without reasonable suspicion that you have or are committing a crime or immigration violation.
Take mental notes about what’s happening — including what occurred before you were stopped, what the official says and does while you are stopped, and whether anyone is documenting what occurred — so you can tell a lawyer later.
If an official asks to search you or your belongings, you have the right to say no, but do not obstruct access. The official may have lawful authority to conduct the search anyway. If the official begins conducting a search, say clearly: “I do not consent to a search.”
Remember you do not have to unlock your phone or give government officials your password without a warrant. For additional security, turn off biometric identification such as Face ID.
NOTE: No matter what uniform they wear, federal agents are bound by the Constitution, including respecting our right to vote and our right to due process.
What if I’m arrested while trying to vote?
If you are under arrest, you may exercise your right to remain silent and ask for a lawyer— no matter your citizenship or immigration status.
If you want to invoke these rights, you should say “I want to remain silent” and “I want to speak with a lawyer” and then, refrain from answering any questions or signing any documents unless you have a lawyer present.
You can ask for a phone call, but the government officials might refuse. Be aware that calls to people other than your attorney are monitored and often recorded.
If there are problems while you’re voting, call the nonpartisan Election Protection Hotline at 866-OUR-VOTE.
Important reminders:
If someone is serving as a poll watcher or election challenger, they cannot directly interact with voters, and may be subject to arrest if they do so.
If a government agent is serving as a poll watcher, they have no right to speak with a voter and they should report unlawful government agent behavior directly to the election inspector and to 866-OUR-VOTE.
Naturalized citizens are not required to carry evidence of their status, but if they are worried about these scenarios, they might choose to carry around a photocopy of their naturalization papers.
Your vote is powerful and you have the right to cast it. Make your plan to vote on or before August 4 in Michigan’s Primary Election.
Know Your Rights: Federal Agents at the Polls from the ACLU of Michigan
