Can someone find out who you voted for? No. Here is what you should know
With less than 35 days until Election Day and with early voting taking place across the U.S., many Americans are questioning the secrecy of their ballots.
Election officials, voter registration organizations and election law experts — including New Mexico Secretary of State Maggie Toulouse Oliver — have been fielding these questions from Americans.
Toulouse Oliver addressed concerns over ballot privacy for voters in a social media post, citing a study released in April that found 70% of New Mexico voters believe a person can find out someone's vote choices without their consent.
No one can find out whom someone voted for without their consent.
Tappan Vickery, senior director of programming and strategy for HeadCount, a voter registration organization, said they also receive questions on ballot privacy.
Vickery said news coverage surrounding election observers in recent years and Americans becoming more conscious about what information is available online are a few factors driving concerns over ballot privacy. Another one is today's political climate.
"Hyperpartisanship and the anger that is driving a lot of the partisanship in our country right now makes people feel afraid sometimes for having their own opinions and in spaces where they don't feel like they're welcome," Vickery said.
The concern over ballot privacy has also extended to personal relationships. Olivia Dreizen Howell, co-founder of Fresh Starts Registry, an organization that helps people start over after a major life change, said she has received questions from women on whether their partner could find out whom they voted for.
"For many women, especially in this election, with so many critical topics on the table, they may choose to vote across their registered party lines for Kamala Harris — and this may be the first time they have made this decision — and it may be going against what their husband is doing voting-wise," Dreizen Howell said.
Here is what you should know about privacy and casting a ballot.
So … is whom I vote for really a secret?
Whom you vote for is not public; the only way someone will know exactly whom you vote for is by telling them.
Voting secretly is a cornerstone of democracy, and the secret ballot dates back to the late 1800s, election law experts told NPR.
"In every state, voters have the right to a secret ballot either in the state constitution or a state statute. So when you go to vote, your name is not associated with your ballot. The ballot is anonymous. When it is tabulated, it won't be connected back to you," Michael Morse, an assistant law professor at the University of Pennsylvania Carey Law School, told NPR.
While whom you cast your ballot for is a secret, some of your voter information may be available to the public, depending on where you live.
Your name, address and party affiliation all may be included on voter registration lists known as voter rolls. Morse said these lists are public records and may show the last election you participated in. Campaigns also can gather data from these lists over time and use it when canvassing. And while certain information regarding your voter information is public record, Morse said other information you submit, such as your Social Security number and driver's license number, are not public.
If you donate to a candidate or political campaign, how much you give and where you work may also be public, depending on how much money you donate. The Federal Election Commission has a public database of individual contributions to campaigns and candidates.
This information may give people clues about how you voted, but it still does not show whom you voted for.
Your ballot is also secret if you vote by mail. If you vote by mail, you can cast your vote in a private setting, and when your ballot is received by an election official, it is still private.
"Even in states where they're going through a mail-in ballot, those envelopes are secure until they're tabulated," Vickery said. "So, it's not like the folks who are receiving the ballot see your name and see who you voted for. There are secrecy sleeves."
Why is some of my voter information public? What can I do if I want it all private?
Election administration includes a mix of both voter privacy and public transparency, Morse said.
"You should not be concerned that your vote choice will be disclosed, but there must be some amount of public transparency too, for confidence in the process," he said. For example, he said that "whether you are registered to vote, whether you participated in the past or if you gave certain campaign contributions will typically be public, not private."
There are options, depending on where you live, that will allow you to limit how much of your voter information is public. Many states have an "address confidentiality program" for victims of domestic violence, human trafficking or sexual assault and those in fear for their safety, according to the U.S. Election Assistance Commission.
In states such as Alaska and Nevada, voters can request in writing that their residential address or phone number not be open to the public. Law enforcement officers, judges and others in certain professions may also have certain information removed from public databases.
There are also federal and state laws that protect voters and their privacy when they cast a ballot and that prevent election officials from disclosing your information.
"No election observer should be looking over your shoulder to see who you're voting for. If that is happening, you should report it because that is not legal," Vickery said.
While whom you vote for is anonymous, consider the privacy policies at the place where you register to vote regarding the public disclosure of some of your voter information.
"Just make sure that the privacy policy holds up with your comfort level of how the data is being used and how we're in touch with people," Vickery said.
