Yes, if you are in line before the polls close, you have a legal right to vote

Election Day is Nov. 5.  In most places, the polls will close between 6 p.m. and 8 p.m. local time.

But long lines routinely plague certain voting locations, causing some voters to fear they may not get to cast their ballot before the polls close.

“If you’re in line, stay in line” is a common refrain used to tell those voters that as long as they get in line before closing time, they’re guaranteed the right to vote. But is that refrain actually true?

THE QUESTION

If you’re in line when the polls close, can you still vote?

THE SOURCES

• Bipartisan Policy Center
• American Civil Liberties Union
• Various state laws and elections officers
• Vote.org, a get-out-the-vote non-profit organization

THE ANSWER

Yes, if you are in line before the polls close, you have a legal right to vote.

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WHAT WE FOUND

All of our sources say all eligible voters have a legal right to vote on Election Day once they're in line. As long as you get in line before your polling location’s scheduled closing time, you are guaranteed the right to cast your ballot. Even if you’re still waiting in line come closing time, no one can legally turn you away.

The ACLU’s voter rights guide says, “If the polls close while you’re still in line, stay in line – you have the right to vote.”

The Bipartisan Policy Center says, “If you’re waiting in line when polls close, you have the right to stay in line as long as it takes to be able to cast your ballot.”

And Vote.org, a get-out-the-vote nonprofit, says, “Keep your place in line. The lines may be long, but you’re allowed to vote as long as you’re in line when the polls close!”

This right is guaranteed by state laws. For instance, Arizona law says “Any qualified voter who at the moment of closing is in the line of waiting voters shall be allowed to vote.”

VERIFY examined the laws in several different states; all of them had similar laws. We found no examples of states that allow turning away voters who get in line before closing time.

Many state and local elections officers reiterate this right in their voter outreach messaging. For example, the Pennsylvania Department of State says on its website, “If you are in line at or before 8 p.m. (when polls close), you will be allowed to cast your vote.”

If you get to the polls after they officially close and you still see a line, you’re not allowed to join it. You have to be in line before the polls officially close. 

This right to stay in line after closing time is only guaranteed on Election Day. Prior to Election Day, some polling places may institute cutoffs for early voting and ask voters to return another day.

This story is also available in Spanish / Lee este artículo también en español: Sí, si estás en la fila antes de que cierren las urnas, tienes el derecho legal de votar