Show Me My Rights Guide: Voting While Trans
Know Your Rights
How do I exercise my right to vote as a transgender, nonbinary, gender non-conforming, and/or intersex (TGNCI) person in Missouri?
The Missouri Voter ID law requires all Missouri voters to show one of several specific forms of government-issued photo ID issued by the state of Missouri or federal government when voting. Voting in Missouri under this law as a transgender or nonbinary person might seem like a stressful situation, but you have rights. Your vote, your voice, and YOU matter!
Does the name on my ID have to match the name on my voter registration?
Yes, the name on your ID must match the name on your voter registration. Missouri law requires that the name on your ID must “substantially conform” to the most recent signature in your voter registration record. See RSMo. §115.427(3)(a).
If this is not the case, you will need to go through the process of updating your name so that it matches on both documents before you are able to vote. You can update your name on your voter registration anytime, online or in person, including on election day at the polls.
- *Note: All 50 states and Washington, D.C. require your voter registration to match your legal name. HeadCount is partnering with VoteRiders to help you update your identification to match your identity. Once that step is complete, you can register or re-register to vote under your legal name. Call or text VoteRiders at 866-ID-2-VOTE to get started.
Can they turn me away for not looking like my ID?
No. When you vote in Missouri, you must present a government-issued ID that shows a photo of you. See RSMo. §115.427(3)(b). However, Missouri law does not require that your gender identity or gender presentation match the name, photo, or gender marker on your ID. (Unlike other states that have a rule that the photo on your ID must “reasonably resemble” you at the time of voting, the current Missouri statute does not include language on how closely the photo on your ID must resemble you in person.)
While poll workers are supposed to understand that a person’s physical appearance can change over time, using an ID with a photo that doesn’t match your current gender identity or gender presentation can unfortunately sometimes lead to confusion at the polls. If this happens to you and you are told that you are not allowed to vote a regular ballot due to alleged issues with your photo ID, call the Election Protection Hotline at 866-OUR-VOTE (that’s 866-687-8683) for help casting a regular ballot. As a last resort, you can cast a provisional ballot (see below).
What is a “provisional ballot,” and what do I do if I have to vote by provisional ballot because my photo ID was not accepted by the poll workers?
If you are registered to vote but do not have a qualifying photo ID, you may still cast a blue provisional ballot. (Voters whose names do not appear on the rolls can cast a different type of provisional ballot, a yellow provisional ballot)
To cast a provisional ballot without a qualifying photo ID, you will need to complete and sign the provisional ballot affidavit (statement) on the blue envelope provided for the ballot. See RSMo. §115.430. You will then receive a stub from the envelope with instructions for verifying that your provisional ballot is counted. Make sure you ask the poll worker who provides it to explain the next steps. Then call or text 888-687-8683 to confirm that what they told you is accurate.
Your ballot will count if: (1) you return to your polling place on Election Day with a qualifying photo ID; or (2) the signature on your provisional ballot envelope is determined by your local election authority to match the signature on your voter registration record. See RSMo. §115.427(3)(a). Make sure you sign the ballot envelope!
What do I do if I don't have an approved type of government-issued photo ID?
The State of Missouri, through the local DMV offices, is required to provide a non-driver ID for free—for the purposes of voting—to anyone who does not already have an ID approved for voting.
If you want to apply for a non-driver ID for voting purposes, the Missouri Secretary of State’s office is required to help you obtain the underlying documents you need at no cost to you. If you would like help obtaining the required documents (such as a birth certificate, marriage license or naturalization papers), call (800) 669-8683 or email elections@sos.mo.gov for assistance.
I'm overwhelmed. How do I make a plan for voting day?
Voting can seem overwhelming, but preparing and planning ahead can ease some of that stress.
Step 1: If you are voting in person, make sure your name on your ID and voter registration match. If it doesn't, you will need to go through the process of updating it, so give yourself extra time to complete this.
- HeadCount is partnering with VoteRiders to help folks update their identification to match their identity. Visit their website for more information. You can also call or text VoteRiders at 866-ID-2-VOTE to get started.
Step 2: Decide on your method of voting. Whether by absentee ballot by mail, early voting in person, or election day voting, it's important to know where to be, when to get there, and what you will need to bring with you. *Download our TGNCI voter guide for more information.
- You can also visit the Missouri Voter Protection Coalition (MOVPC)’s website for more information on the different voting methods available to you in Missouri.
- And sign up for voting updates with HeadCount’s Vote With Pride.
Step 3: If you are voting in person, confirm that you have an approved photo identification needed to vote. If you don't, you will need to go through the steps to get one before you can vote or you will need to vote by provisional ballot. Give yourself extra time to complete this.
Step 4: Make a plan with people you trust to go to the polls together. There is power and safety in numbers!
What should I do if something goes wrong?
First, if a poll worker is giving you problems at the polls because of your gender identity and/or expression, you can give them this pamphlet.
If you have any questions or run into barriers while voting, you can call or text the National Election Protection Hotline at 866-OUR-VOTE (1-866-687-8683) or email the Missouri Voter Protection Coalition at info@movpc.org.
You may also call the state of Missouri’s toll-free election complaint information hotline at 1-800-669-8683.
*Check back here soon for a more in-depth guide on voting in Missouri as a transgender, nonbinary, gender non-conforming, and/or intersex (TGNCI) person.
If your question isn’t addressed above, you may submit it to showmemyrights@aclu-mo.org. Submissions are used to develop general guidance for the public and do not constitute individualized legal advice. This inbox is monitored regularly, but due to volume, we cannot guarantee an individual response to every email received.
This is one section of a multi-part guide. You can find the full guide here:
Take Action: Share Your Joy or Allyship
Trans joy is a form of resistance. It reminds us that, despite everything, trans people lead full, complex, and beautiful lives.
The ACLU of Missouri's Show-Me Trans, Gender Non-Conforming, & Intersex Missourians Belong Storytelling Project is amplifying stories of joy and allyship from people like you!
Add your voice:
TGNCI Missourians (ages 18+): Share your story
Loved ones & allies: Show your support
Resources
- ACLU-MO’s Guide to Voting While Trans in Missouri
- ACLU-MO’s Handout for Poll Workers & Election Officials
- The Missouri Voter Protection Coalition (MOVPC)’s Resources for Missouri Voters
- Headcount’s Vote With Pride
Get Help
If you feel you have been the victim of discrimination based on your gender expression or identity, please consider contacting the ACLU of Missouri for help.