New 2008 Resources: Guide to the Voting Rights of People with Mental Disabilities (alternative PDF files*) (9/08) Single 5-1/2"x8-1/2" pages (844 kb) Spreads for printing on 8-1/2"x11" paper (2.3 mb) Booklet for printer (1 mb) The 68-page booklet is also available for purchase here. Handouts and flyers for posting in facilities and at polls: For voters with mental disabilities, explaining basic voting rights (1-page PDF*) For advocates, family members, poll workers and others, on providing help to voters with disabilities--who can, and how (2-page PDF*) Chart of state laws on voting qualifications affecting people with mental disabilities (6/16/08) Appeals Court Favors Individual Determination of Voting Rights for Disenfranchised Citizens with Mental Disabilities (8/23/07) Access to the Ballot for People with Disabilities The Bazelon Center has also developed a 1-page flyer that you can circulate to help learn about problems with voting access in your area. It's available in two versions: Browser-friendly HTML version Printer-friendly PDF* file You can either print the flyer on your organization's letterhead or a page with your group's name and contact information, or download and edit the HTML version to incorporate information about specific problems in your area. * You will need the free Acrobat Reader to view and print these files.

Voting

The opportunity to participate in the democratic process is a fundamental right, yet many Americans with disabilities face barriers to exercising their rights as citizens. The Bazelon Center works to expand access to the polls for people with mental disabilities.

Register to vote at congress.org.

Federal Laws Can Overcome Barriers to the Ballot

Two federal laws provide important tools for expanding access to the polls for people with mental disabilities: the Americans with Disabilities Act (ADA) and the National Voter Registration Act (NVRA), known as the "Motor-Voter Law." This page gives an overview of possible strategies for their application on behalf of voters with mental disabilities. A more detailed analysis offers approaches for challenging barriers to voting that face people with all kinds of disabilities.

The effectiveness of the ADA has not yet been tested in several areas related to the voting rights of people with mental disabilities. The Doe case banned their improper exclusion from voting through vague or overbroad competency standards and the need for reasonable accommodations in the voting process. In addition, steps should be taken to ensure enforcement of the NVRA, which, among other things, requires the state to designate as voter registration agencies all offices that are primarily engaged in providing disability services and that receive state funds. Such agencies must make available to their clients voter registration forms and assistance in completing them, and must accept completed applications and transmit them to state officials.

Help Is Available

The Bazelon Center would like to work with individuals and local advocates to ensure that people with mental disabilities have the opportunity to vote. If you have experienced or know of someone who has encountered any of the following problems, we are available to help determine what, if any, legal strategies may be pursued and to initiate litigation in a few appropriate cases.

Possible Strategies

Obtaining Accommodations. Individuals may need accommodations for a mental disability in registering to vote or casting a ballot. Such accommodations can include

• an explanation of instructions in simpler language,
• a friend or family member to accompany him or her into a voting booth, or
• assistance in casting a ballot.

Just as important as ensuring that election officials are prepared to provide accommodations is educating people with disabilities about their right to voting accommodations. It's also wise to ensure that requests for accommodations are submitted ahead of time to the extent possible.

• Narrowing Voting Exclusions.
  Many states have laws or regulations that bar individuals with mental disabilities from voting, whether or not they are, in fact, competent to vote. Furthermore, even where the laws themselves do not deny voting rights, the actions of election officials or staff at hospitals, ICF/MRs, group homes or other service providers deprive many individuals with mental disabilities of access to the ballot. To be sure, it may be within states' authority to limit voting rights to individuals who are capable of understanding the nature of an election and what it means to cast a ballot. But individuals with mental disabilities are sometimes denied the right to vote even when they do understand these things. Such exclusions may violate the ADA and the U.S. Constitution or state constitutions.
• Enforcing "Motor Voter."
  The NVRA requires all state-funded agencies not just motor vehicle bureaus to offer voter registration. States may not be designating state-funded offices providing disability services, such as community mental health centers and vocational rehabilitation agencies, as voter registration agencies. And even if such offices have been designated, they may not be providing appropriate registration opportunities and assistance as required by the NVRA.
• Other Strategies.
  The three areas listed above are the Bazelon Center's priority concerns in expanding access to the ballot for individuals with mental disabilities. However, if people with mental disabilities in your area face other barriers to exercise of their voting rights, we would be interested in hearing about those problems and discussing potential solutions.

To report specific problems or discuss strategies, email Jennifer Mathis, jenniferm@bazelon.org, or write to her at the Bazelon Center, 1101 15th Street NW, Suite 1212, Washington DC 20005.