Voting Accessibility in Elections: A Guide for Disabled Voters

The right to vote is a cornerstone of democratic participation. However, for individuals with disabilities, navigating voter registration and accessing polling places can present challenges. This guide is designed to provide informative resources and guidance to ensure that everyone, regardless of ability, can exercise their right to vote.

Voter Registration for Disabled Voters

All people who wish to vote, regardless of whether they have a disability, must meet certain requirements, such as being at least 18 years old and being a U.S. Citizen. Many states offer online or mail-in voter registration, while others require in-person registration through a local election office or Department of Motor Vehicles. By law, all voter registration methods must be accessible to people with disabilities and provide accommodations to disabled people.

Federal Laws Protecting Voters with Disabilities

Multiple laws protect disabled people and their right to vote. These laws include:

• Americans with Disabilities Act (ADA): Title II of the ADA requires state and local governments to ensure that people with disabilities have equal access to government services, including voting. This means that all aspects of voting must be accessible.
• National Voter Registration Act of 1993 (NVRA): Also known as the "motor voter law," the NVRA establishes voter registration requirements for federal elections. It mandates that states provide voter registration opportunities at motor vehicle agencies (Section 5), through mail-in applications (Section 6), and at certain state and local offices, including public assistance and disability offices (Section 7). Additionally, Section 8 requires states to maintain accurate and current voter registration lists.
• Voting Rights Act of 1965: Mandates that election officials permit voters who are blind or have disabilities to receive assistance from a person of their choice. Additionally, it forbids election officials from imposing voting conditions based on literacy, educational attainment, or passing an interpretation test.
• Voting Accessibility for the Elderly and Handicapped Act of 1984 (VAEHA): This act requires that polling places in federal elections be accessible to elderly individuals and people with disabilities. If no accessible location is available, VAEHA states alternative means of voting must be provided.
• Help America Vote Act of 2002 (HAVA): This act mandates accessible voting systems at polling places and provides funding to eliminate physical obstacles. HAVA also supports training initiatives to ensure full participation in elections.

How Do Disabled People Vote?

Often, voters with disabilities vote in the same way non-disabled voters would. Options available to disabled voters include:

Voting In-Person

The voter goes to a designated polling place on Election Day or during an early voting period to cast their ballot. Voters check in with poll workers and vote privately in a booth.

Voting by Mail

This method allows voters to receive their ballot at home, fill it out, and return it by mail or at a designated drop-off location. This can be helpful for people whose diagnoses may otherwise limit their ability to vote. Laws vary by state, so disabled voters should review state-specific guidelines to see if they qualify.

Curbside Voting

Curbside voting is only available in some states for voters with disabilities who cannot enter the polling place. Election officials bring the ballot to the voter's vehicle, allowing them to vote privately and securely without leaving their car.

Polling Place Accommodations

Common polling place accommodations for people with disabilities include:

• Accessible voting devices: Accessible voting machines must be at a reasonable height for a wheelchair user, and have audio equipment for people who are blind, so they can vote electronically
• Someone to help you vote: In all 50 states, disabled voters are allowed to have a person assist when casting a ballot. If the individual assisting a voter does not represent the views of an employer or a union, a voter with a disability can ask any person for assistance, including a poll worker. Poll workers are required to act in a non-partisan manner when they are working the polls, so they can assist all people, including those with disabilities.
• Braille or large print ballots: While electronic ballots are most often used, physical ballots with large print or braille may be available. It's recommended to check with state and local election offices in advance to ensure these materials are available if you need them

ADA Compliance and voting

Beyond accommodations at the voting booth, the voting location must be accessible to people with disabilities. This includes:

• Accessible parking: Polling places must provide accessible parking for people with disabilities. Each accessible space must include an adjacent access aisle, and signage indicating accessibility.
• Accessible Entrance: Polling places must have at least one accessible entrance with a door at least 32 inches wide for wheelchair access. Door handles should be operable with one hand and without tight grasping. High thresholds that hinder wheelchair access are not allowed. Signs should direct voters to the accessible entrance, which must remain unlocked while the polling place is open.
• Accessible Interior and Exterior routes: polling sites must have an accessible route from the parking lot to the entrance. Inside, an accessible path must lead to the voting area, free of steps or steep slopes. If this route differs from the general path, signs must guide voters with disabilities.
• Wheelchair Ramps: Steps must be supplemented with ramps to ensure accessibility for individuals using mobility aids. Ramps must comply with ADA requirements for slope, width, landings, handrails, and edge protection. Ramps with a rise over six inches need handrails, and edge protection is necessary for areas with vertical drop-offs.
• Protruding Objects: For those with vision loss, protruding objects should be positioned to avoid hazards, and cones should be used to mark these objects. Additionally, paths must be clear of low-hanging branches, signs, and other obstacles.
• Elevators: If the voting area is on a different level from the entrance, an elevator or lift must be available for accessibility. The elevator or lift must be spacious enough for wheelchairs and mobility devices, with controls that are easy to use and no higher than 48 inches. Staircase chair lifts are not compliant, as they don't accommodate all disabilities. 

Can Mentally and Intellectually Disabled People Vote?

The Americans with Disabilities Act prohibits states from categorically disqualifying individuals based on their disability or guardianship status. This means states cannot impose blanket bans that automatically deny the right to vote for all individuals with intellectual or mental health disabilities. Some states have laws that allow for the disqualification of voters based on mental incapacity, often determined through court proceedings. In these cases, a court may assess an individual's ability to understand the effect of voting, potentially leading a person to not be qualified to vote. In short, a person cannot be denied the right to vote simply because they have a mental or intellectual disability, but in some cases, a person may need to demonstrate their understanding of the effects of voting to be eligible to vote.

Resources for Voters with Disabilities

The Election Protection coalition, a nonpartisan national group, operates throughout the year to guarantee voters, including those with disabilities, can cast their ballot and have it counted. The organization’s website has state-specific resources to help answer any election-related questions. Additionally, anyone can call or text the election protection hotline at 1-866-OUR-VOTE (1-866-687-8683).