Voting is one of the most fundamental rights that Americans enjoy. States largely determine voting rights, so individuals with special needs who can vote in one state may be unable to vote in another.
Eligibility Requirements for Voting
Many states have laws that prohibit individuals from voting based on mental incapacity. However, Illinois does not have a law that specifically prohibits individuals from voting based on mental incapacity. Likewise, being subject to a guardianship does not prohibit an individual from voting under Illinois law.
Like all other voters, individuals with special needs also must meet general eligibility requirements for voting. More specifically, all individuals must be at least 18 years of age, U.S. citizens, and residents of the state where they want to register to vote. Individuals must also live in their election precincts for at least 30 days before Election Day. Just as there are no tests of mental incapacity required to vote, there are no reading or writing tests required to vote.
All people, including those with special needs, must register to vote within the required timeframes. Failing to appropriately and timely register will prevent individuals from voting in an election.
Voting Accommodations for Adults with Special Needs
Under the Help America Vote Act, which Congress passed in 2002, every voter has the legal right to appropriate access to voting systems, including a machine accessible to voters with special needs in every voting precinct. For example, individuals with special needs should have access to direct responding to electronic voting systems (DREs), which are usually touch-screen voting machines with audio options.
Illinois also permits curbside voting and mail-in voting in some situations, which can eliminate accessibility issues for voters with special needs. Voters can request a mail-in ballot via email or mail, or in person. Additionally, individuals who are blind or have low vision and successfully apply to vote by mail also can use an accessible vote-by-mail platform to receive their ballots electronically and use their assistive technology to privately and independently vote.
Voters may receive instruction or information about how to complete ballots and assistance or direct a third party to cast a vote for a candidate. Individuals with special needs can choose anyone to help them vote, other than their employers, union officers or agents, or candidates on the ballot. Election judges also can assist individuals with disabilities with their ballots.
Finally, individuals who have lived in a nursing home or a long-term care facility for more than 14 days before an election may vote by mail under 10 ILCS 5/19-12.1. In addition, individuals admitted to a hospital, rehabilitation center, or nursing home less than 14 days before an election are also entitled to have a ballot personally delivered to them under 10 ILCS 19-13. When individuals apply to have a ballot delivered to them under these circumstances, their doctor or other medical professionals must complete part of the application verifying their admission to the hospital, rehabilitation center, or nursing home. A relative or any voter in your precinct can then bring the application to the local election authority, pick up your ballot and bring it to the voter, and return it to the local election authority after the individual has voted.
Understanding the Voting Process
Certainly, guardians and loved ones of individuals with special needs should discuss the voting process with them to ensure that they understand it. Although mental capacity is not a requirement for voting in Illinois, individuals with special needs should have some sense of why they are voting and the choices they make during the voting process.
Rubin Law is the only Illinois law firm exclusively dedicated to providing compassionate legal services for children and adults with special needs. In addition, we offer unique legal and future planning techniques to meet your family’s individual needs. At our law firm, you can discuss all your needs and objectives with an experienced Illinois special needs trust lawyer.
Call us today at 866-TO-RUBIN or contact us online to learn more about the services we can offer you and your family.