Global Initiative to Enfranchise People with Disabilities: United States State-by-State Information - www.electionaccess.org Text Only Version
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US State-by-State Information

 

Qualifications for Registration in US States

Source: Federal Election Commission, 1999
http://www.fec.gov/pages/Voteinst.htm

States with Barriers for Persons with Mental Disabilities
Alabama - Not currently be declared mentally incompetent through a competency hearing
Alaska - Not be judicially determined to be of unsound mind, unless the disability has been removed
Arizona - Not currently be declared an incapacitated person by a court of law
California - Not currently be judged mentally incompetent by a court of law
Delaware - Not be mentally incompetent
District of Columbia - Not have been judged "mentally incompetent" by a court of law
Florida - Not now be adjudicated mentally incapacitated with respect to voting in Florida or any other State
Georgia - Not have been judicially determined to be mentally incompetent, unless the disability has been removed
Hawaii - Not be "non compos mentis"
Iowa - Not currently be judged "mentally incompetent" by a court
Kansas - Not be excluded from voting for mental incompetence by a court of competent jurisdiction
Kentucky - Not having been judged "mentally incompetent" in a court of law
Louisiana - Not currently be under a judgment of interdiction for mental incompetence
Maine - Not be under guardianship because of mental illness
Maryland - Not be under guardianship for mental disability
Massachusetts - Not be under guardianship with respect to voting
Minnesota - Not be under guardianship of the person or found legally incompetent
Mississippi - Not have been declared mentally incompetent by a court
Missouri - Not be declared incompetent by any court of law
Montana - Not currently be determined by a court to be of unsound mind
Nebraska - Not have been officially found to be mentally incompetent
Nevada - Not be determined by a court of law to be mentally incompetent
New Mexico - Not have been denied the right to vote by a court of law by reason of mental incapacity or felony conviction
New York - Not currently be judged incompetent by order of a court of competent judicial authority
Ohio - Not be found incompetent by a court for purposes of voting
Oklahoma - Not now be under judgment as an incapacitate person, or a partially incapacitated person prohibited from registering to vote
Rhode Island - Not have been lawfully judged to be mentally incompetent
South Carolina - Not be under a court order declaring you mentally incompetent
South Dakota - Not have been adjudged mentally incompetent by a court
Tennessee - Not be adjudicated incompetent by a court of competent jurisdiction (or have been restored to legal capacity)
Texas - Have not been declared mentally incompetent by final judgment of a court of law
Utah - Not be found to be mentally incompetent by a court of law
Virginia - Not currently be declared mentally incompetent by a court of law
Washington - Not be judicially declared mentally incompetent
West Virginia - Not have been judged "mentally incompetent" in a court of competent jurisdiction
Wisconsin - Not have been found by a court to be incapable of understanding the objective of the electoral process
Wyoming - Not be a currently adjudicated as mentally incompetent

States with No Barriers for Persons with Mental Disabilities
Arkansas
Colorado
Connecticut
Idaho
Illinois
Indiana
Michigan
New Hampshire
New Jersey
North Carolina
Oregon
Pennsylvania
Vermont



Special Services to Disabled

Source: Council of State Governments' 1999 Elections Task Force (Survey Results)
http://www.statesnews.org/New_Regions/dc_office/Electionsweb/question__12.htm

Responses to survey question "What special services does your state offer for the disabled?"

Alabama - If a handicapped voter is assigned to a polling place that is not accessible, the board of registrars can change the voting assignment to an accessible polling place or an alternate method for casting a ballot (by absentee) can be made available.
Alaska - Absentee voting by personal representative is available to any voter with a disability. This allows a voter to request someone to pick up a ballot, deliver it to them, serve as a witness and return the ballot to an election official. The voter must complete an application stating the name of the person whey wish to serve as their personal representative. Magnifier cards are available at polling places. Voters may also request assistance from an election official or any person of their choice.
Arkansas - Disabled voter may be assisted by two election officials or by any person the voter selects to mark the ballot. Disable voters may also request to be moved to the head of the line.
California - Polling places are accessible to handicapped voters, and assistance is provided to register and to vote.
Connecticut - All polling places are designed to be handicapped accessible. Also, any voter with a disability may ask assistance in the voting process by any person of their choice, as long as that person is not their employer or union representative.
District of Columbia - 82% of the Board's 140 precincts are physically accessible to the disabled. Elderly and disabled voters also have access to curbside voting or using an alternative polling place which is fully accessible. All 140 precincts provide magnifying glasses, large print voting instructions, and poster-sized sample ballots for voters with vision impairment. Any voter may request assistance, which may be given either from a poll worker or a person of the voter's choice.
Florida - Mail registration, TDD, Absentee ballots, Assistance at the polls, Nursing home supervised voting, curbside voting, home delivery of absentees by staff for assistance, advertising of assistance for the disabled in print and broadcast media, large print magnifiers.
Georgia - Disabled can be assisted as need with oath being completed. They can also vote absentee.
Hawaii - Allow a voter to bring an assistant of their choice into the poll (must meet certain criteria). Provide magnifying sheet to aid in reading the ballot and a taped message of voting instruction for the visually impaired. Most polling places are wheelchair accessible and we offer curbside voting for those unable to leave their vehicles.
Idaho - Curbside voting if poll is inaccessible.
Illinois - Polling place accessibility and absentee voting.
Iowa - Our county commissioners of elections make every effort to comply with the voting accessibility requirements. The instructions for voters in every polling place are printed in large type. The SOS produces a guide for voters explaining how to register and vote with emphasis upon services for people with disabilities. Any voter who can't go into a polling place to vote may ask for a ballot to be brought to the vehicle.
Kansas - The disabled voter may apply to have a ballot mailed to them each election. Or, at the poll, he/she may request assistance from a poll worker or another person of his/her choice.
Kentucky - Disabled voters may vote by mail absentee ballot or request assistance in voting at the polls. All polling sites are handicap accessible.
Louisiana - See state statutes.
Maine - All voting places must be handicap accessible. Each voting place must provide at least one voting booth for the visually impaired which contains a magnifying device, an adjustable lamp and an enlarged instruction poster. Enlarged sample ballots may be provided upon request of the voter. Any voter may receive assistance in reading and/or marking the ballot.
Maryland - This spring the Board of Elections established a committee to study polling place accessibility, and initiated and accessibility survey for each of the 1483 polling places across the state. Disabled voters can be re-assigned to accessible polling places if there is problem with the existing polling place. A variety of assistance is offered on site on election day, including a magnifier glass for election materials, accessible voting booths, large print guides, and TDD phone information. A tactile ballot system for paper ballots for visually impaired voters is being tested.
Michigan - In addition to compliance with Elderly and Handicapped Act, we are purchasing magnifying equipment for each polling place. We are also working on a training film.
Mississippi - Curbside voting, voter assistance when desired.
Missouri - Curbside voting and Braille ballots are provided upon request. Disabled voters can be assigned to polling places more accessible for their needs.
Montana - There are many services available including absentee voting, assistance in the polling booth, special absentee boards, curbside voting, among others.
Nebraska - State provides for assistance to physically disabled and curbside voting if necessary. Localities have developed tapes and overlays for visually impaired.
New Hampshire - Absentee voting, voting booths larger than federal handicapped standards, voting assistance in the polling place.
New Jersey - Accessible polling places, accessible voting machines, voting instructions which are printed in large font for easy reading, registration, voting and election information by TDD.
New Mexico - All polling places are fully accessible. Interpreters will be provided for hearing impaired. Voters with disabilities may be assisted by any person of their choice, or if they wish to vote unassisted, a method to enable them to do so will be provided.
New York - TDD Phone access, Registration form in Braille and instructions in large print. Voting record can be moved from an inaccessible poling place to an accessible one.
North Carolina - All services provided are mandated by state and federal law. We have established a task force on elections accessibility and are looking into offering blind, disabled and other visually-impaired voters a variety of informational services.
North Dakota - Yes, see NDCC 16.1-13-27.
Ohio - Fully accessible polling places and curbside voting.
Oklahoma - Special absentee provisions to allow flexibility of ballot delivery, variety of assistance and no notarization. Nursing home polling places. Assignment of disabled to accessible polling place. Curbside voting. Visual aids and a variety of other assistance at the polling place.
Oregon - We produce audio tape of the voters' pamphlet. County election officials will also send 2 election officials (one from each party) to the electors home to provide voting assistance if the elector requests such assistance.
Pennsylvania - Absentee ballots, curbside voting, handicapped accessible voting places, large print "mock-up" of registration form, and will soon offer Braille overlay on registration forms.
Rhode Island - Specially designed polling booths, vote by mail ballot, and magnifying sheets at he polls. Voters may be assisted by another person. Voter handbooks are available on tape.
South Carolina - Curbside voting, absentee voting, assistance at the polls.
South Dakota - Any assistance that is requested.
Tennessee - N/A
Texas - Provide election material in audio and large print format. As a result of HB 1053, the Elections Division has formed the Elections Accessibility Task Force, whose purpose is to develop guidelines regarding the responsibilities of political subdivisions to provide fully accessible voting systems and a secret ballot to all Texans, pursuant to state and federal law.
Utah - Absentee ballot and assistance at the polls.
Vermont - A voter may be assisted by two election officials.
Virginia - Curbside voting. Confidential assistance in the polling place from an Officer of Election or another qualified person. Absentee ballot. Currently working with local electoral boards and ADA coordinators to improve accessibility at polling places and to ensure equal access to the electoral process.
Washington - Absentee voting, handicapped accessible polling places, Braille voter pamphlets, and voter pamphlets on audio cassette.
West Virginia - Assisted voting and "in automobile" voting.
Wisconsin - Voting is administered at the municipal level.
Wyoming - Assistance is given at the poll when requested.


Absentee Ballots

Source: Council of State Governments' 1999 Elections Task Force (Survey Results)
http://www.statesnews.org/New_Regions/dc_office/Electionsweb/question__7.htm

Responses to survey question "Who is allowed to vote by absentee ballot. When are ballots available for voting? Who can request an absentee ballot for a voter (i.e. family member, legal guardian)?"

Alabama - Alabama allows voting by absentee ballot if the person is going to be out of the county on election day and on the on-site voting day; if the person is ill or has a disability that prevents a trip to the polling place; if the person is a registered Alabama voter living outside the county; if the person is an appointed election office or poll watcher at a polling place other than his/her regular polling place; or if the person works a shift that coincides with the regular polling hours. Absentee ballots are available 40 days before the date of the election. Alabama has a provision of requesting a medical emergency absentee ballot. In this circumstance, a person's representative can request an absentee ballot. All other requests must be made by the elector.
Alaska - Any qualified voter may receive an absentee ballot. Ballots are generally available for by-mail voting 22 days prior to an election. Absentee in-person voting begins 15 days prior to an election. Only the voter may request an absentee ballot.
Arkansas - Anyone who is 1) unavoidably absent on election days or 2) unable to attend the polls on election day due to illness or physical disability. Ballots are available 25 days before election. Anyone designated as a bearer by the voter; including relatives or authorized agents of hotels or nursing homes.
California - Any voter who applies. The voter must personally request the absentee ballot.
Connecticut - Absentee ballots are available to persons: 1) actively serving in the armed forces, 2) Absent from town during the hours of voting, 3) absent due to illness, 4) religious tenants forbid secular activity on the day of voting, 5) physical disability, 6) if duties as an election official prevent access to proper voting district. Ballots can be requested by the voter only.
District of Columbia - Only duly registered voters may apply for an absentee ballot by transmitting a written request to the Board or by appearing in person to apply in writing at the Board's office. Absentee ballots must be available 35 days before the election for absentee voters by mail, and 15 days before the election for in-person absentee voting.
Florida - Any registered voter who is unable to go to the polls on election day. Absentee ballots are available as soon as the supervisor of elections receives them back from the printer. Yes, a family member or legal guardian can request an absentee ballot.
Georgia - See 21-2-380/381 for who can vote absentee. Ballots for absentee voting must be read6 45 days prior to county elections and 21 days prior to municipal elections.
See 21-2-381 for who can request for disabled/ out-of-town electors.
Hawaii - All registered voters are allowed to vote by absentee ballot. Written requests for absentee ballots will not be accepted any earlier than 60 days prior to the election, and no later than seven days before the election. Ballots are mailed to the registered voter as soon as the printed official ballot becomes available. Absentee walk is open 10 working days before the election including all Saturdays that fall within the period.
Only the registered voter can request the ballot, except for certain situations which allow a county clerk to deliver a ballot to an incapacitated third person through an intermediary.
Idaho - Absentee voting is available by request. The voter must request an absentee ballot and they are available 30-40 days before primary and 45 days before a general election.
Illinois - There are numerous provisions. The most common is absent from county of residence on election day and physically incapacitated voters. Ballots are available by mail not more than 40 nor less than five days prior to the election or in person, not more than 40 nor less than 1 day prior to an election. Anyone can request an application for absentee ballot.
Iowa - Anyone may vote by absentee ballot. For general elections only family members of persons in the armed or us citizens overseas may request absentee ballots by proxy. Family members permitted are: parent, parent-in-law, spouse, adult sibling, or adult child of voter.
Kansas - Any registered voter may vote an advance ballot. Ballots are ready 20 days before the election. Anyone may request a ballot for a sick/disabled voter. People can carry applications, but not actual ballots, for regular advance voters.
Kentucky - A variety of persons are eligible. Chart of specific requirements and procedures was submitted and is available.
Louisiana - See state voter law.
Maine - Any registered voter who believes that they will be unable to vote in person at the voting place on election day may vote by absentee ballot. Or any person who otherwise qualifies as an absentee voter because of marginal literacy, religious beliefs, or residence in certain facilities such as a nursing home.
Maryland - Any registered voter who will be absent on election day for the county where registered because of illness, accident or physical disability that prevents them from getting to the polling place; because of confinement to an institution; because of death or serious injury to the immediate family; if a full-time state and an institution of higher-education outside the voter's precinct but within the county of registration and academic requirements prevent the voter from getting to the polls; because of employment as a poll worker. Application for an absentee ballot can be made by using the form produced by the local board of elections, however a voter may simply make a written request that includes name, address, signature and the reason for the request. If state finds voter eligible, staff will issue an absentee ballot. Ballots are available upon arrival from the printer.
Michigan - Over 60 years old, expect to be out of community on election day, disability, religion, election inspector in precinct where they don't live, confined to jail awaiting arraignment or trial. 45 days before election - only the voter may request a ballot.
Mississippi - Contact the office of the Secretary of State for this information.
Missouri - Those absent on election day form the jurisdiction of the election authority in which such voter is registered to vote; those confined due to illness or physical disability; those prevented from going to the polling place on election day due to religious belief or practice; those employee as an election authority, as a member of an election authority, or be an election authority at a location other than such voter's polling place; and those incarcerated, provided all qualifications for voting are retained.
Ballots are available 6 weeks prior to election day. Family members and legal guardians.
Montana - Any voter can request an absentee ballot. However, only the voter may make the request.
Nebraska - Under a recent statute change, anyone can vote absentee (no reason). Absentee ballots are available 45 days prior (longer for military and overseas). Agent, family member or guardian may request absentee for another but limited to two. Campaign or party may not act as an agent.
New Hampshire - Absentee ballots are available 30 days prior to an election only for those people who are elderly, handicapped or will be absent from town on the day of the election. The voter is the only person who can request an absentee ballot. They must sign an application form. The signature is matched to the affidavit of the absentee ballot on election day.
New Jersey - Civilian absentee ballots are available to voters who cannot vote in person on election day due to one of the following reasons: 1) expect to be out-of-state on election day, 2) resident attendance at an education institution, 3) illness or disability, 4) observance of a religious holiday, 5) nature and hours of employment. Military absentee ballots are available to registered or unregistered people of voting age who may be within or without this state, and within or without the United States who are: 1) in the military service, 2) spouses or dependents of those in the military services, 3) civilians who are attached to the military service, 4) spouses or dependents of civilians who are attached to the military service.
New Mexico - Any voter may vote absentee (no actual absence is necessary). The voter must request the application, but can request applications for family members. The ballot is mailed to the voter.
New York - Permanently disabled, other illness. Anyone out of town on election day. Ballots are available 32 days before an election. Anyone can request that an application be sent to a voter.
North Carolina - Sick, elderly, disabled, individuals expecting to be out of the county for the entire time the polls are open on election day, county election officials, incarcerated voters (misdemeanors). New legislation will allow for "no excuse" absentee voting in some elections. Ballots are available 50 days prior to the election. A near-relative can make application for an absentee ballot for a person.
North Dakota - See North Dakota code 16.1-07-01 and 16.1-07-08.
Ohio - Absentee ballots must be available 35 days before the election. In presidential elections, they must be available 25 days before the election. The form must be completed and signed by the voter requesting it. Exception: military absentees may by requested by a family member.
Oklahoma - Anyone can vote absentee. Ballots are available as soon as possible but time varies from up to 45 days to as short as a few days. Only the voter can request an absentee ballot.
Oregon - Anyone is allowed to vote absentee. Ballots are available 45 days before the election. Only the elector may request an absentee ballot and a signature must accompany the request.
Pennsylvania - Military, civilians overseas, physically disabled, ill, away from municipality on business, county election employees. Available 50 days prior to election. Request by self, physician, or family member.
Rhode Island - Outside the state on election day; student attending college outside his/her city or town; permanently disabled; in prison awaiting trial; in a hospital or convalescent home; unable to go to the polls because election day coincides with a religious holiday; unable to go to the polls because of military service (also spouse); employed by the board of election or the local board of canvassers on election day; blind. Ballots are available 21 days before the election. The voter making the application must sign the request for a mail ballot.
South Carolina - See Title seven of SC code for list of those eligible. County registration offices are encouraged to provide absentee ballots 45 days prior to the election. Voter, member of immediate family or authorized representative can request absentee ballot.
South Dakota - Sick, disabled, military, out of county on election day, nature or hours of employment. Ballots available 6 weeks prior to election, can only be requested by voter.
Tennessee - Persons outside the county, over 65 or with certification from a physician.
Texas - The only individuals eligible to vote by mail are those who are 65 years or older, disabled, incarcerated, and absent from their county of residence on election day and during the hours for conducting early voting in person. The early voting clerk, who is responsible for early voting by mail, may start mailing ballots, if available, to properly qualified voters not earlier than 45 days before election day. Only the voter can request an early voting by mail ballot.
Utah - Voters who are disabled, serving as an election judge in another precinct, in jail for a misdemeanor, serving as a juror, prevented from voting at a place or on a specific day due to religious beliefs, or expect to be absent from the precinct during polling hours may request an absentee ballot. Ballots are usually available 15 days before the elections and a voter must request the ballot for himself/herself unless there is some kind of emergency.
Vermont - Any voter or an authorized representative of a voter who expects to be absent on election day may request an absentee ballot. Ballots are available at least 20 days before an election.
Virginia - See section 24.2-700 of Virginia's state code. Includes person's out of the state, military, students, disabled, poll workers, religious reasons. Absentee ballots are normally available at least 45 days before a November general election or a special election held at the same time, or 30 days prior to any other general, special or primary election.
Washington - Any registered voter can vote by absentee. Ballots are available 20 days prior to any election. Family members can request ballots.
West Virginia - Voters absent from the county on election day; voters of a religious denomination which has an established observance on a day when elections are held; voters scheduled for hospital care or other confinement for medical reasons; if the voting place is inaccessible to a voter because of a physical disability; voters confined to a specific location.
Wisconsin - Persona who are or expect to be absent from the municipality on election day. Persons who are unable to get to the polls due to age, physical disability, illness, service as an election official, military service or for religious reasons.
Wyoming - Anyone. Ballots are available 40 days before an election. Any qualified elector may request a ballot be mailed to another qualified elector.


 
  Laws and Regulations:  A country-by-country analysis of election laws, constitutions and regulations, and how these affect citizens with disabilities.
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  Best Practices: IFES and other groups have implemented innovative practices around the world.
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