Voting identification is
conducted at two stages of the electoral process: “first for registration to
establish the right to vote, and afterwards, at the voting time, to allow a
citizen to exercise their right to vote by verifying that the person satisfies
all the requirements needed to vote.”[1]
EMBs may make general arrangements or adopt special measures to ensure that all
voters can be properly identified during Election Day, including specific
groups of people that may face challenges during the identification process,
including women wearing a veil and transgender voters.
Invasive identification procedures
during Election Day may go against the religious beliefs of women wearing a
veil and might make them feel their dignity has been harmed. In several
countries, EMBs establish identification procedures to ensure that women
wearing a veil can exercise their right to vote with dignity.
Example: In Palestine, where there are no separate polling stations
for men and women, any women wearing a veil can unveil in front of any female
polling officer to have her identify verified. If there are no female polling
officers present, the staff can ask any women in the polling station to assist
in the process.[2]
Example: In Australia, voters state their name and address, which is
checked against the voters register. When registering, voters do need to state
the identification number displayed on their ID (which normally contains a
photo) but there is no requirement to actually show the registration clerk the ID card. This might raise
concerns of people "stealing" the identity of another voter in order
to prevent that voter to cast the ballot. Such matters are dealt with by a
number of methods, for example by issuing tendered ballots.[3]
For more information on
this topic, please see the ACE Project consolidated reply “Identification
of voters wearing a veil.”
Identification procedures
in polling stations during Election Day can also be an area of concern for
transgender voters, considering that their actual gender identity does not
always match the one in their official identity documents. In some countries,
EMBs have adopted special procedures and practices to promote the participation
of transgender and intersex voters in the electoral process, by ensuring an inclusive
identification process. These measures should be analyzed taking into account
the larger framework of national legislation and policies on gender identity.
Example: In Mexico, the National Electoral Institute’s (INE) Trans
protocol includes provisions to ensure that transgender people can fully
exercise their right to vote. “All trans citizens with voting credentials and
registered in the voters’ list shall be able to cast their vote during the
Election Day. In no case the lack of concordance between the gender expression
of voters and their photography, or between the name and sex in the voting
credentials, could be a legitimate cause to restrict or forbid the right to
vote. […] If any of the stakeholders in the polling station oppose or reject the
participation of trans people, it should be registered in the incident report
form. […] A printed foldout should be available in all polling stations,
showing the equality measures to promote the effective right to vote of trans
people. If necessary, polling officers can make use of this printed foldout.”[4]
Example: In Canada, people whose appearance does not match their ID
photo should be able to vote, as long as their name and address on the ID
matches the one on their voter registration. Furthermore, it is not compulsory
to show a photo ID or ID that includes sex indicators. There are other
identification options available for voters, such as credit cards, school
transcripts or utility bills, among others,[5]
so that transgender people whose name does not match the one on the ID or who
have not changed their gender marker can effectively participate and cast their
vote. Also, if voters use two pieces of ID with different sex indicators, they
can still vote, as long as their name and address matches their voter
registration.[6]
Transgender people who are worried about being misgendered or challenged
publicly can decide to vote by mail or in advance at their returning office,
instead of voting at their local polling station.
Example: In the 2014 presidential elections in El Salvador, the
Supreme Electoral Tribunal manifested in an institutional statement that “All
LGBTI persons, particularly the transgender population, has the right to
exercise their vote, as long as their physical features are unambiguous in their
ID photography, their socially assigned name coincides with their ID number and
the voter list, their signature coincides with the one in their ID and they
comply with the provisions contained in Article 196 of the Electoral Code,
referring to the voting process”.[7]
In the 2018 legislative and local elections, the training guide for polling
officers states that “trans people should not be denied the right to vote when
their ID photography does not match their physical appearance. It should be
enough if polling officers verify their physical features and there is a
correspondence between the name, number and signature in the ID with regards to
the voter registration data”.[8]
[1] ACE (2007):
“Identification of voters wearing a veil”, consolidated reply.
[2] UNDP and UN Women
(2016): op. cit., p. 34.
[7] Tribunal Supremo Electoral de El Salvador (2014): Memoria Especial
Elecciones 2014.
Page 95.
[8] Tribunal Supremo Electoral de El Salvador, Dirección de Capacitación y
Educación Cívica (2018): Instructivo para Juntas Receptoras de Votos. Elección
de Diputaciones a Asamblea Legislativa y de integrantes a Concejos Municipales,
domingo 4 de marzo 2018.
