The legal framework and legal alternatives for voting in the absence of a printed electoral card
Participation in the Brazilian democratic process, materialized by universal suffrage, is governed by strict civil identification rules that aim to guarantee the uniqueness and legitimacy of the vote. Although the Voter ID is the document that formalizes the citizen’s registration with the Electoral Court, indicating the voting zone and section, its physical presentation at the time of the election is not mandatory, according to current legislation. The focus of electoral security lies in unequivocally proving the identity of the individual before the table receiving votes, mitigating the risk of fraud and guaranteeing the fairness of the democratic process established by the Federal Constitution of 1988.
Official documents with photo accepted by the electoral court
The recurring doubt about which documents to take on election day if you do not have a physical title is resolved by Article 91-A of Law No. 9,504/1997 (Elections Law), regulated by resolutions of the Superior Electoral Court (TSE). The legislation establishes that, to be admitted to the voting booth, the voter must present an official document with a photo that allows clear identification by the poll workers. The absence of a paper title does not prevent voting, as long as identity is proven by one of the following means:
- Identity card (RG): Standard civil identification document.
- Social identity: Acceptable for trans and transvestite people, as long as they appear on the electoral register.
- Passport: Valid as an identification document, even if it does not contain membership data, as long as it has a photo.
- Professional category portfolio: Documents issued by professional orders or councils recognized by law (e.g.: OAB, CRM, CREA).
- Reservist certificate: For citizens who performed mandatory military service.
- Work portfolio: The physical document is accepted.
- National Driving License (CNH): It is even accepted if it is out of date, as understood by the TSE, as long as it allows the voter to be identified.
- e-Título application: Valid as an identification document only for voters who have already completed biometric registration and have their photo uploaded to the application.
It is imperative to note that birth or marriage certificates are not accepted as they do not have a photo. Legal logic prioritizes visual verification of identity to the detriment of printed numerical registration.
Historical evolution of voter identification in Brazil
The documentary requirement to vote has undergone profound transformations throughout republican history, reflecting the advancement of security technologies and the need to combat fraudulent practices. Established by the Electoral Code of 1932, the Voter ID emerged as a mechanism to organize the electorate and overcome the era of “pen and ink” and elections without centralized registration in the Old Republic.
In the following decades, the title underwent several reformulations, from handwritten versions to the computerization of the registration in the 1980s, which allowed national re-registration and the elimination of millions of duplicate or ghost registrations. The introduction of biometrics in the 21st century marked the most significant transition, linking a citizen’s immutable physical characteristics to their civil registration. The launch of e-Título in 2017 consolidated digitalization, allowing the smartphone to replace the physical document, aligning Brazil with global trends in digital government (e-gov).
Identity verification procedures at the polling station
On election day, the identification flow follows a strict protocol to ensure that the person holding the document is the holder of the right to vote. Upon arriving at the polling station, the voter must stand in line and, when called, hand over the official document with photo to the poll worker. The standard operating procedure involves:
- The poll worker finds the voter’s name in the Voting Book (or on the poll worker’s terminal in the sections with biometrics).
- A visual check is made between the photo of the document and the voter present.
- The electoral registration number is entered into the terminal.
- Biometric validation (fingerprint reading) is requested, if available.
- If the biometrics are recognized, the ballot box is released. Otherwise, or in sections without biometrics, the voter signs the Voting Book after the document check.
The physical title, although not necessary for identification, fulfills the auxiliary function of informing the zone and section number, speeding up the location of the name in the notebook. Without it, the voter can check their voting location in advance via the internet or app, ensuring that they go to the correct table with only their identity document.
Legal security and integrity of the electoral process
The rigidity in the required documentation is not merely bureaucratic, but a safeguard of popular sovereignty. Verification of identity using an official document with photo is the primary barrier against ideological falsehood and attempts to vote in the name of third parties. In an electronic voting system, where the secrecy of the vote is absolute and subsequent tracking of the individual vote is impossible (to guarantee freedom of choice), security must occur before access to the ballot box. The possibility of voting without a physical ID, but with mandatory robust civil identification, balances the constitutional right to access to vote with the state’s duty to guarantee the authenticity of the election.
In short, the Brazilian Electoral Court consolidates the understanding that unequivocal civil identification supersedes possession of the electoral registration document at the time of voting. Voters are able to exercise their citizenship by carrying any official document with a photo listed in the legislation, with the e-Título being the modern tool that unifies these functions for those with registered biometrics. The regulations reinforce accessibility to the electoral process without compromising the strict security standards required in a Democratic State of Law.
