{"id":351487,"date":"2020-03-17T09:36:42","date_gmt":"2020-03-17T14:36:42","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/voting\/my-voting-guide\/are-mentally-disabled-people-allowed-to-vote.html"},"modified":"2024-05-22T16:02:36","modified_gmt":"2024-05-22T21:02:36","slug":"are-mentally-disabled-people-allowed-to-vote","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/voting\/my-voting-guide\/are-mentally-disabled-people-allowed-to-vote.html","title":{"rendered":"Are People With Mental Disabilities Allowed to Vote?"},"content":{"rendered":"\n
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Are People With Mental Disabilities Allowed to Vote?<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Christie Nicholson, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

Being diagnosed with a short or long-term disability does not directly impact your voting rights as a U.S. citizen. But it could affect your ability to vote depending on where you live.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

Some states have special rules about voting with a disability. According to the Americans with Disabilities Act (ADA)<\/a>, anyone with a mental disability who understands what it means to vote can vote in federal elections.
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This article will discuss whether someone with a disability can vote in a federal election. It also explains the voting accommodations available to citizens with disabilities.<\/p>\r\n

Defining a Disability<\/h2>\r\n

The word "disability" is a broad term with numerous connotations. Many definitions define a disability as a condition limiting an individual’s mental health or physical capabilities. This definition says a disability may affect a person’s sensory, movement, and processing skills. For example, someone with developmental disabilities may struggle to understand the voting process. That doesn’t mean they don’t know what it means to vote.<\/p>\r\n

A disability can be anything from a short-term injury affecting a person’s ability to think, move, and travel to a long-term impairment requiring constant medical care. Some people with a disability or mental illness are under the care of a conservatorship. This is especially true if the courts have declared them mentally incompetent.<\/p>\r\n

These rules and definitions can be confusing. If you or a loved one has a disability, knowing your voting rights is helpful for election time. An experienced civil rights attorney can explain your state laws and how these laws impact your right to vote.<\/p>\r\n

Can I Vote in the U.S. if I Have a Disability?<\/h2>\r\n

Voting laws in the U.S. have changed over the years. Only a small group of people could vote when the founding fathers signed the Constitution. This group consisted of white males who owned land and were at least 21 years old.<\/p>\r\n

Today, voting laws<\/a> are much different. All U.S. citizens who have not otherwise lost their right to vote can participate in local, state, and federal elections. But what exactly are the voting rights of people with a disability? This includes mental and physical disabilities.<\/p>\r\n

One caveat is that state law helps determine voting rights. States have specific rules on things like mental incompetency and which citizens are incapable of voting.<\/p>\r\n

Visit your local election website for more details on whether people with disabilities can vote in your state.<\/p>\r\n

The Help America Vote Act (HAVA) and People With Disabilities<\/h2>\r\n

In 2002, Congress passed the Help America Vote Act (HAVA). The Act aimed to help define the voting system and voter access. Essentially, HAVA created standards and procedures that states must follow, which also apply to federal elections.<\/p>\r\n

What does this mean for people with disabilities? Election officials must meet HAVA standards so that everyone with the right to vote has an equal chance of voting on election day.<\/p>\r\n

Here are some of the programs and procedures started by HAVA<\/a>:<\/p>\r\n