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Q: Are people with mental disabilities allowed to vote?
A: Most people with developmental mental disabilities can vote. In some states, however, adults with disabilities who have a guardian, or who have been deemed by a judge as not being able to vote are prohibited.
Q: What are the other requirements to vote?
A: Voters in national and most state and local elections must:
• be U.S. citizens
• turn 18 by or on election day
• meet their state’s residency requirement
• be registered to vote in their state
• not be disenfranchised by a felony, which depends on the state
Q: What barriers might prevent someone from voting?
A: There can be physical barriers such as difficulties with the ballot, voting equipment, or polling place access. There are other barriers, including:
• not getting help with the voter registration process
• not being able to read, see, or understand the ballot
• not understanding how to request and return an absentee ballot
• inability to find or get to the polling place
• difficulty waiting in line at the polls
• not viewing yourself as a “voter”
Q: Why might a person with a mental disability need assistance or accommodations in the voting process?
A: People need assistance or accommodations in the voting process for a variety of different and often unrelated reasons. These include:
• demonstrating that they have the mental capacity or desire to vote
• understanding, reading, or marking a ballot
• learning about candidates or issues
• using voting equipment
• getting to or from the polling place
• being able to vote from a hospital or facility where they live
Q: Does the ADA (Americans with Disabilities Act) apply to the voting process?
A: According to the U.S. Department of Justice, “[t]he ADA’s provisions apply to all aspects of voting, including voter registration, site selection, and the casting of ballots, whether on Election Day or during an early voting process.”
Q: Can people under guardianship vote?
A: State laws and practices vary on this topic. In many states, a person with a guardian can vote. In some states, , a court must decide whether the person can vote. In seven states—Louisiana, Missouri, South Carolina, Tennessee, Utah, Virginia, and West Virginia however, adults with a guardians have been stripped of their right to vote. It is best to check your own state law.
Q: What if the poll worker questions someone’s eligibility to vote?
A: In most states, a person whose eligibility is questioned must be allowed to vote using a provisional ballot, and then may need to submit paperwork to ensure their vote is counted.
Q: What if a person needs assistance to complete their ballot?
A: A helper can assist the person, but cannot choose or influence how the person votes, even if asked. Those who need alternate forms of ballot, such as audio, Braille, or large print, must request them from the relevant election officials.
Q: Can people with disabilities register to vote by mail?
A: This depends on the state. Check your state’s rules; regulations around mail-in voting vary widely from state to state.
Q: Can people in a hospital, nursing facility, or other institution vote?
A: All people eligible to vote should be able to vote; however, state and local rules may affect whether facilities can help residents register, transport them to the polling place, or apply for an absentee ballot.
From: The National Disability Rights Network. For more information, see:
https://www.ndrn.org/wp-content/uploads/2022/03/Voting-Accommodations-for-People-with-Mental-Disabilities-2022-02-22-1.pdf
Click to read the DOJ’s guidance reaffirming the right of people with disabilities to vote.
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