General
Electoral law exists on a state level. For information on individual states, click here.

• See http://www.nami.org/Template.cfm?Section=Elections1&Template=/ContentManagement/ContentDisplay.cfm&ContentID=104206
• States with no barriers to voting by those with mental disabilities are CO, ID, IL, IN, NH, PA
• Michigan: No statute, but the legislature may exclude a person from voting based on “mental incompetence”
• New Jersey: A person judged incapable of understanding the act of voting by a court is disqualified from voting

Specific Inclusion of People with Disabilities
Disability Law
Americans with Disabilities Act
(1990, amended 2008)

• Section 12101, subsection (a)(1) states that Congress finds that, “physical or mental disabilities in no way diminish a person's right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination; others who have a record of a disability or are regarded as having a disability also have been subjected to discrimination;”.

Exclusion Based on Intellectual Disability
Electoral Law
National Voting Registration Act
(1965, amended 2006)

• Section 8(a)(3) states, “the name of a registrant may not be removed from the official list of eligible voters except...(B) as provided by State law, by reason of criminal conviction or mental incapacity.”

Voter Assistance
Electoral Law
National Voter Registration Act
(1993)

• Section 7(a)(4)(A)(ii) generally allows assistance to disabled persons in registering to vote.

Voting Accessibility for the Elderly and Handicapped Act
(1984)

• Section 3, subsection (a) states, "Within each State, except as provided in subsection (b), each political subdivision responsible for conducting elections shall assure that all polling places for Federal elections are accessible to handicapped and elderly voters."
• Section 3, subsection (b) states, "Subsection (a) shall not apply to a polling place (1) in the case of an emergency, as determined by the chief election officer of the State; or (2) if the chief election officer of the State- (A) determines that all potential polling places have been surveyed and no such accessible place is available, nor is the political subdivision able to make one temporarily accessible, in the area involved; and (B) assures that any handicapped or elderly voter assigned to an inaccessible polling place, upon advance request of such voter (pursuant to procedures established by the chief election officer of the State) - (i) will be assigned to an accessible polling place, or (ii) will be provided with an alternate means for casting a ballot on the day of the election”
• Section 5, subsection (a) states, "Each State shall make available registration and voting aids for Federal elections for handicapped and elderly individuals, including (1) instructions, printed in large type, conspicuously displayed at each permanent registration facility and each polling place and (2) information by telecommunications devices for the deaf."

Off-Site Voting
Electoral Law
National Voter Registration Act
(1993)

• Section 7(a)(4)(B) states, “If a voter registration agency designated under paragraph (2)(B) provides services to a person with a disability at the person's home, the agency shall provide the services described in subparagraph (A) at the person's home.”

Voting Accessibility for the Elderly and Handicapped Act
(1984)

• Section 5, subsection (b) states, "No notarization or medical certification shall be required of a handicapped voter with respect to an absentee ballot or an application for such ballot, except that medical certification may be required when the certification establishes eligibility, under State law - (1) to automatically receive an application or a ballot on a continuing basis; or (2) to apply for an absentee ballot after the deadline has passed.

• Americans with Disabilities Act - http://www.ada.gov/pubs/adastatute08.htm
• National Voter Registration Act - http://www.eac.gov/assets/1/workflow_staging/Page/27.PDF
• Voting Accessibility for the Elderly and Handicapped Act - http://www.law.cornell.edu/uscode/html/uscode42/usc_sup_01_42_10_20_20_I-F.html