Voting Rights for People With Cognitive Impairment

We are fortunate to have a representative democracy here in the United States. And a fundamental aspect of a representative democracy is the right to vote, shared by all eligible citizens, including older adults, whether or not they have full cognitive abilities.

Among the population of eligible voters are individuals with cognitive impairments who may face unique challenges when participating in elections. Cognitive impairments are more common among our senior population. According to AARP, nearly a third of Americans 65 and older have some form of cognitive impairment, including 10 percent with some type of dementia.

Signs of cognitive impairment include memory loss and trouble concentrating, following instructions, understanding, remembering, and solving problems. These issues can make it more challenging to vote in elections. However, they generally do not make it impossible to vote and they should not be a cause to exclude a person from voting in elections. For example, medical conditions such as mild cognitive impairment or dementia, including Alzheimer’s disease, do not preclude someone from voting.

To ensure every eligible voter has the opportunity to vote, laws are in place to protect these rights.

Laws That Protect the Right to Vote

The federal government has enacted various laws over time that seek to protect the voting rights of Americans. These laws include the following:

• Americans with Disabilities Act: The Americans With Disabilities Act (ADA) is a federal civil rights law that protects people with disabilities. In part, it requires that public entities ensure that individuals with disabilities have an equal opportunity to vote as those without disabilities. This includes all aspects of the voting process, such as voter registration, voting site selection, election websites, and the casting of ballots. The ADA applies to all elections run by state and local governments, including federal, state, and local elections.
• Voting Rights Act: Under the Voting Rights Act (VRA) of 1965, an individual with a disability such as a cognitive impairment may receive help while voting from a person of their choice. This law prohibits conditioning a citizen’s right to vote on their ability to read or write, their level of education, or their ability to pass an interpretation test.
• Voting Accessibility for the Elderly and Handicapped Act: According to the Voting Accessibility for the Elderly and Handicapped Act (VAEHA), passed in 1984, polling places must make federal elections accessible to senior voters and voters with disabilities. If no accessible location is available, voters must have a different way of voting on Election Day.
• National Voter Registration Act: All offices that provide public assistance or state-funded programs primarily serving people with disabilities must also give them the opportunity to register to vote in federal elections. This is part of the mandate outlined in the National Voter Registration Act (NVRA) of 1993.
• Help America Vote Act: The Help America Vote Act (HAVA), passed in 2002, requires jurisdictions that administer federal elections to provide at least one accessible voting system for adults with disabilities at each polling location. The voting system must offer the same opportunity for access, participation, and privacy as that of other voters.

Assistance With Voting

Federal laws require that polling places be accessible to individuals with disabilities. This includes providing accessible voting machines and ensuring that the physical location is accessible. States and local jurisdictions are responsible for implementing these requirements.

Cognitively impaired individuals who need help voting can receive assistance in several ways:

• Polling Place Assistance: Voters can bring someone to assist them at the polling place. This person can be a family member, trusted friend, or another individual of the voter’s choosing. Election officials can also provide assistance if needed. The American Bar Association has produced a guide to help election officials when assisting cognitively impaired voters.
• Mail-In and Absentee Voting: Voters with cognitive impairments can use mail-in or absentee voting options. They can receive help in filling out their ballots, but they must follow specific rules to ensure the integrity of the vote. See whether your state will allow voting via this method.
• Curbside Voting: Some jurisdictions offer curbside voting, where election officials bring a ballot to the voter’s vehicle.
• Voting Centers and Drop Boxes: These provide additional options for voters who may have difficulty accessing traditional polling places.

Advocacy and Support

Several types of organizations advocate for the voting rights of individuals with cognitive impairments and provide resources to help them vote. These include:

• Disability Rights Organizations: These organizations often have programs to educate voters with disabilities about their rights as well as the voting process.
• Election Protection Coalitions: These groups work to ensure that all eligible voters, including those with disabilities, can vote.
• Local Election Offices: They can provide information on accessible voting options and assistance available in specific areas.

Know Your Rights

Americans have the right to vote independently, with accessibility and support ensured at all polling locations. Ensure you have an equitable voting experience. Read more about the laws protecting the rights of voters with disabilities on this ADA resource page.

Learn more about your voting rights and any legal recourse you may have against disability discrimination by connecting with us for a consultation. We can also be reached by phone at 513-672-6119 or by email at oksmith@cmrs-law.com. Our office is in Cincinnati, OH, with clients throughout the Greater Cincinnati area, Northern Kentucky, and the surrounding counties. We look forward to working with you.

For additional reading on disability legislation and voting rights, you may want to check out the following articles:

• How to Vote While in a Nursing Home
• Guardianship, Mental Incapacity, and the Right to Vote
• New State Laws Erect Barriers to Voting for People With Disabilities, Advocates Say