Federal Protections for Voters with Disabilities

Election day is just around the corner. Voting at a local polling place is largely considered one of the most quintessential American experiences, and while absentee ballots are making voting easier for people with disabilities, disabled people retain the right to vote in person. If you are a person with disabilities planning to vote in person this year, here is what you need to know before heading to the polls Tuesday, November 5th.

The Americans with Disabilities Act (ADA) and the Voting Rights Act of 1965 (VRA), as well as other federal laws, provide requirements for polling places and election officials to ensure that people with disabilities can participate in elections. This post walks through a general overview of the voting process as a person with disabilities and how these laws protect your right to vote.

You have arrived at the polling location and are now looking for a place to park. All polling places are required to provide parking that adheres to the minimum general width requirements so that voters using wheelchairs or mobility aids can exit and enter their vehicle. These spaces are required to be designated with the International Symbol of Accessibility.

Inside the polling location, the ADA requires safety measures for disabled voters accessing the polling area. Some of these measures include placing temporary cane-detectable barriers near objects that may protrude from the wall or an alternate route to the polling area. Additionally, disabled voters are entitled to an accessible path from check in to the voting station. If you have a service animal, you and your animal cannot be denied access to the polling location, even if there is signage indicating a “no pet” policy.

Now that you have made it to the polling area, it is time to check in. Indiana law requires that you present a valid government-issued photo ID that displays your name and photograph, and that is either current or that expired no longer ago than the last general election, November 8, 2022. Election officials may not restrict your ID requirement to a form which you are not able to obtain. For example, if your disability prevents you from obtaining a driver’s license, the ADA requires election officials to allow you to use a different, acceptable identification.

Finally, it is your turn to cast your ballot. The VRA requires that you be allowed to receive assistance casting your ballot from a person of your choice. If you require assistance marking the ballot, you are entitled to receive this assistance from a person of your choice, and you are not limited to assistance from an election worker. Additionally, federal election polling locations are required to provide at least one accessible voting system for people with disabilities.

Whether you have a disability or not, we hope that you are able to have a smooth, easy experience voting on November 5, 2024!

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.