State Approaches to Helping Voters With Disabilities

State Approaches to Helping Voters With Disabilities

Many states have built on baseline federal requirements.

Federal law establishes baseline accessibility standards for voters with disabilities, including the right to physically accessible polling locations, at least one accessible voting device at each polling place and protection from discrimination. (Photo by Anna Stills/Getty Images)

Voters with disabilities may encounter a range of barriers throughout the voting process, from accessing polling places and navigating registration to casting a ballot and returning it. Federal law establishes baseline accessibility standards for voters with disabilities, including the right to physically accessible polling locations, at least one accessible voting device at each polling place and protection from discrimination.

To expand voting access for people with disabilities, states have incorporated federal requirements into their laws and created additional accessible voting methods. The laws aim to help voters with disabilities exercise their right independently and privately.

Here's a look at accessible voting methods nationwide.

Outside of Polling Places

Absentee voting: All 50 states, along with Washington, D.C., and all five territories, permit voters with disabilities to vote absentee, either by allowing no-excuse absentee voting or by recognizing disability as a valid excuse to request an absentee ballot.

Electronic ballot delivery and/or return: Currently, 25 states permit voters with disabilities-specifically those with difficulty reading printed materials-to receive a blank ballot electronically through email, fax or an online portal. A qualified voter may then use personal accessible adaptive technologies, such as screen readers or tactile devices, to complete the ballot from home. Fifteen of the 25 states permit voters with disabilities to return their completed ballots electronically. In states that do not allow electronic ballot return for voters with disabilities, electronically marked ballots must be printed and physically returned.

Home assistance: Certain states have laws permitting eligible voters with disabilities to request a ballot to be delivered directly to their residence if they are unable to travel to a polling place due to illness or disability. In Arizona (A.R.S. § 16-549(C)), for example, any qualified elector who is confined because of illness or physical disability and unable to go to the polls may request that a special election board member deliver a ballot to their place of confinement.

In Indiana (Burns Ind. Code Ann. § 3-11-10-25), an absentee voter board member must, upon request, visit a voter's residence to facilitate voting during specified times before Election Day if the voter with a disability cannot access a precinct.

Minnesota, Nebraska, North Carolina and Virginia have similar laws.

At Polling Places

Curbside voting: Twenty-seven states, along with Washington, D.C., Guam and American Samoa, permit eligible voters with disabilities to cast their ballots from their vehicles. Some states require voters to call in advance to request this option. Poll workers from both major parties then meet the voter in a designated curbside area at a polling place and provide the materials needed to vote. This option is designed to maintain both privacy and accessibility.

Assistance at polling locations: Federal law requires that voters with disabilities be allowed assistance in preparing or marking their ballot from a person of their choice (except an employer or union representative). Over two-thirds of the states, along with Washington, D.C., Puerto Rico and the U.S. Virgin Islands, have additional laws reinforcing this right.

Voting technology accessibility: Thirty-nine states, along with Washington, D.C., Puerto Rico and the Northern Mariana Islands, have laws adding to federal requirements addressing the availability of accessible voting systems at polling locations. These laws often specify features such as audio input options, Braille or tactilely discernible controls, and adjustable font sizes to support voters with visual impairments. Accessible voting systems may also provide ballot materials in non-English languages, if the jurisdiction and language are covered under Section 203 of the Voting Rights Act.

Other: Some states provide additional statutory provisions to improve accessibility at polling locations. For example, Alabama, Arizona, Connecticut, Louisiana and Nevada allow voters with disabilities to move to the front of the line. Minnesota requires that a chair be provided to voters with disabilities while they wait to vote. Other states, such as Maine, Michigan and Oregon, permit voters with disabilities who are unable to sign an election document to use a signature stamp instead.

For more: NCSL has expanded its Voters With Disabilities webpage to include information on state laws that support voters with disabilities when voting both at and outside of polling places. If you are looking for information on how, when or where to vote, please reach out to your local election official. Contact information for local election officials can be found through the U.S. Vote Foundation.

Camilla Rodriguez Guzman is a policy analyst in NCSL's Elections and Redistricting Program.