Voting Material from the Bazelon Center for Mental Health law

Bazelon Center

"...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...."


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.

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Please visit www.AmericansWithDisabilitiesVote.org