Most people with disabilities, including those who reside in nursing facilities, psychiatric hospitals, and other institutional settings, are eligible to vote. Federal disability laws like the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973 protect institutionalized voters from discrimination and afford them the same rights as other people with disabilities. The Voting Rights Act Section 208 entitles disabled voters to receive assistance voting from a person of their choice, except for their employer or union representative. Nevertheless, many people with disabilities face illegal barriers to voting that may make it harder for them to cast their ballot or discourage them from even trying.
For example, some states have restrictions on who can assist a disabled voter or what type of assistance they can receive. If a voter or their helper mistakenly fails to follow these rules, some states impose criminal penalties, even if a violation is accidental. In addition, qualified voters who are in institutions often face barriers such as limits on how or when they can vote or not allowing facility staff to assist with absentee voting or voter registration. State laws criminalizing certain types of voter assistance can disproportionately penalize personal care attendants and facility staff who are often low-income women of color.
CPR’s voting rights advocacy includes education about the rights of disabled voters, administrative advocacy, legal action including amicus participation, and technical assistance to state advocates.