Four Laws That Protect the Rights of Voters with Disabilities
15.8 million citizens with
disabilities reported
voting in the November
2022 elections. 1
Voters with disabilities have the right to an equal opportunity to vote. The following
laws protect this fundamental aspect of participating in society.
1
The Voting Rights Act of 1965 (as
amended in 1982) permits a voter to
have someone help them while voting, such as a friend, family member,
or poll worker. The only person not
allowed to help is their employer, or
an agent of their employer or union.
2
The Voting Accessibility for the
Elderly and Handicapped Act of 1984
explicitly requires federal election
polling sites to be physically accessible. Where this is not possible, other
ways of casting a ballot must be
offered. States must provide registration and voting materials to people
with disabilities who need alternate
formats.
3
Title II of the Americans with Disabilities Act requires that state and
local governments make their programs—including voting—accessible
to people with disabilities through
physical access and reasonable modifications. State and local governments
must also provide auxiliary aids and
services.
4
The Help America Vote Act of 2002 requires all polling places to have at
least one accessible voting machine that provides an equal chance for a
voter with a disability to vote privately and independently. This includes
someone with a visual disability. The law also ensures the right of a voter
with a disability to cast a provisional ballot when someone challenges
their vote. An election official later decides whether the vote is counted.
If you have questions about voting with a disability, contact the ADA National Network at 800-949-4232.
Learn More About the ADA: www.NortheastADA.org | 1-800-949-4232 | NortheastADA@Cornell.edu
1 Schur, L., Kruse, D., & Ameri, M. (2023 July). Fact sheet: Disability and voter
turnout in the 2022 elections. Election Assistance Commission (EAC) and
Rutgers University.
The contents of this document were developed under a grant from the National Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR
grant number 90DPAD0003). NIDILRR is a Center within the Administration for Community Living (ACL), Department o