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    October 16, 2024

    Gender-Based Violence Survivors and Voting

    By Maggie Roberts, Domestic Violence Fellow

    The PDF (including endnotes and footnotes) in which this article appears can be found here.

    Gender-based violence (GBV), which includes domestic and sexual violence, affects people at all stages of life. This article provides steps attorneys can take to help clients affected by GBV vote.

    An untold number of gender-based violence survivors in the U.S. either do not vote or cede their votes to abusers. Here are five ways attorneys can help their survivor clients navigate voting this election season:

    1. Ensure your client knows what voter registration information is public.

    The following types of voter registration data are public in various states:

    • Address. Having an address made public poses safety risks for many survivors. Even a client currently residing with an abuser would benefit from knowing whether their state makes voter addresses public, as this knowledge may help them plan for the future.
    • Phone number. Like a public address, a public phone number may put a survivor at risk for further victimization.
    • Occupation. In Arizona, a voter’s occupation, if provided, is available to the public. Knowledge of a survivor’s occupation – particularly if that occupation is uncommon – could help an abuser find them.
    • Party affiliation. An abuser may demand that a victim adopt the abuser’s political views. Knowing whether a voter’s party affiliation is public can help your client plan for safety.
    • Voting history. If an abuser has forbidden your client from voting, it is important for your client to know if their voting history is public.
    • Name. If your client’s abuser has prohibited your client from voting, simply having their name appear in a voter database could put them at increased risk of harm.

    2. Ensure clients know what voter information is not public.

    Though a considerable amount of voter information is public, your client should know that the selections they make on their ballot are not public information. This distinction is very important, because their abuser may have told them their voting choices would be public and prevented them from accessing information that would counteract this belief.

    So long as a survivor can vote without their abuser monitoring them, the abuser will not know what boxes they check; knowing this can allow a survivor the peace of mind they need to vote their own way.

    3.  Tell your client about your state’s confidential voter registration laws.

    Nearly every U.S. state has an address confidentiality program (ACP) or similar confidential voter registration option (“option”) for which at least some survivors qualify; you should research your state’s provisions and be able to tell your client:

    • Who qualifies. Criteria vary by state and can be burdensome. For example:
      • Georgia requires that an applicant have obtained a protective or restraining order or reside in shelter.
      • Virginia does not allow certain residents of temporary housing to participate in its ACP.
    • What information the ACP/option protects. Your client cannot make an informed decision regarding whether to apply for an ACP/option without knowing exactly what otherwise-public information it would protect.
    • What information the ACP/option does not protect. Perhaps most importantly, be candid with your client about the limitations of an ACP/option. A belief it protects more information than it actually does can jeopardize your client’s safety.
    • How long certification lasts. Many ACPs/options only allow a certification to last a few years. Make sure your client knows when their certification would expire.
    • Exceptions to ACP/option confidentiality. Some states allow exceptions to the confidentiality provisions of their ACPs/options – for instance, some states allow disclosure of confidential voter information in response to a court order or upon request from law enforcement. You should let your client know if your state’s ACP/option has such limitations.

    4.  Acknowledge voter intimidation in GBV contexts as the federal crime it is.

    Federal statutes prohibiting voter intimidation do not seem to have yet been applied in GBV contexts. However, the plain language of some of these laws encompasses situations in which an abuser coerces a victim to vote a certain way or to not vote at all. If your client has experienced behavior from an abuser you believe constitutes voter intimidation, you should share this belief with your client. While reporting the abuser’s election-related behavior will likely not be the right choice for most clients, the mere knowledge that there is federal law on the books stating that the abuser’s behavior is a crime has the potential to empower your client.

    5.  Help your client make a voting plan.

    If your client chooses to vote, you can offer to help them brainstorm a voting plan. While your client is the expert on their own safety and you should not try to convince them to substitute your judgment for theirs, making yourself available to talk through considerations and answer legal questions, such as where your client should register if they have recently moved to shelter and do not intend to return to their previous address, could be of help to your client.

    This article was originally published by the American Bar Association Commission on Domestic and Sexual Violence as part of its Five for Five series.

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