Brief Voters with Disabilities

Overview of the Population

According to a report from the U.S. Election Assistance Commission (EAC) and Rutgers University, 15.8 million voters with disabilities voted in the 2022 election. Voter participation for people with disabilities is generally lower than for others: turnout for people with disabilities was 4.8% lower than all voters in 2018 and 1.5% lower in 2022.

While not every disabled voter will have trouble voting due to their disability, disabilities may make voting independently and privately more difficult.

Federal Requirements 

A number of federal laws affirm the right of individuals with disabilities to vote independently and privately. The six most important federal laws:  

• The Voting Rights Act was passed in 1965. The VRA establishes the right for voters who are blind or have other disabilities to receive assistance from a person of their choice (except from employers or agents from the voter’s union). The VRA also prohibits making the right to vote contingent on a citizen's ability to read or write, attaining a specific level of education or passing an interpretation test.  
• The Rehabilitation Act of 1973 was amended in 1998 and requires federal agencies to have website accessibility for individuals with disabilities. The law applies to all federal agencies when they develop, procure, maintain, or use electronic and information technology. Under Section 508, the standards issued by the European Commission, Web Content Accessibility Guidelines (WCAG 2.0), and the World Wide Web Consortium (W3C) are incorporated to offer guidance on webpage accessibility. Although Section 508 applies to the federal government, many states have implemented legislation to require digital accessibility for state government webpages.  
• The Voting Accessibility for the Elderly and Handicapped Act of 1984 requires each state and local government responsible for conducting elections to assure that all polling locations for federal elections are accessible to handicapped and elderly voters. If a polling place is not yet accessible, the act requires the jurisdiction to provide alternate methods of voting and allows people with disabilities to request to move to the front of the line.  
• In 1990, the Americans with Disability Act was established to protect individuals with disabilities from discrimination. The ADA mandates that state and local governments ("public entities") provide equal voting opportunities for individuals with disabilities. These protections extended to all parts of voting, from voter registration to voting itself, whether on Election Day, during early voting or using an absentee/mail ballot. ADA regulations developed by the Department of Justice also provide specific guidance on how to make voting accessible, including a checklist for polling places.   
• The National Voter Registration Act of 1993, also known as the Motor Voter law, requires state offices to offer voter registration opportunities at public assistance agencies, including disability offices.  
• The Help America Vote Act (HAVA) of 2002 requires jurisdictions in charge of conducting federal elections to have at least one accessible voting system for people with disabilities at each polling place. The accessible voting system must offer the same opportunities for access and participation, including privacy and independence, for voters with disabilities as for other voters. Accessible voting machines include features such as screen readers, magnification for enlarged print on ballots, sip-and-puff technology (which uses air pressure signals to operate devices by 'sipping' or 'puffing'), lowered machines for wheelchair accessibility, touch-screen technology and buttons designed to assist voters with Parkinson's disease and other conditions.  

Challenges for Voters with Disabilities and State Policy Options 

The needs of each disabled voter vary and are dependent on their specific disability. What works for one person may not work for another. For instance, the needs of a person who is visually impaired are different compared to those of a voter in a wheelchair and laws that support these voters are often designed to assist individuals with a wide range of disabilities.  

Federal and state laws designed to assist voters with disabilities also provide benefits for the broader public. For instance, accessible ramps and curb cuts are mandated by the ADA, and are frequently used by elderly voters, parents pushing strollers and anyone recovering from temporary injuries. Accessible voting machines, mandated by HAVA, offer options like audio ballots for those who prefer to listen to their choices and zoom functionality to enlarge text. People experiencing cognitive decline, whether from age, traumatic brain injuries or any other reason, may require assistance when voting. These voters might benefit from accessible voting materials, simplified instructions, or assistance from election officials or another trusted individual to help them cast their ballots.  

According to a survey issued by the EAC in 2022, 14.28% of voters with disabilities reported encountering difficulties in voting. People with disabilities reported a 20% likelihood of having difficulties voting in-person compared to 6% for people without a disability.  

Below are examples of challenges disabled voters may experience when voting and potential policy responses that address these challenges.  

Physical accessibility: Accessibility for voting is mandated by federal law, and yet not all polling locations comply with these federal requirements. In 2016, the Government Accountability Office officials visited 178 polling places during early in-person voting and Election Day and concluded that 60% of the locations had one or more potential impediments for voters with disabilities. The most common barriers were steep ramps, lack of signs for accessible paths to the building, gravel parking lots and limited parking options. One way states have accommodated voters with disabilities is to permit curbside voting, allowing voters with disabilities the opportunity to vote without leaving the car. This is currently permitted in more than half of the states. States often require signage to indicate the area where curbside voting can take place, and some states have options for voters to contact election officials to vote outside or request accommodations ahead of time.  

Some voters may not be physically able to travel to a polling location at all. A policy choice some states have implemented is allowing a voter’s designee or an agent to deliver their ballot for them. More than two-thirds of the states allow a voter to authorize a designated person to return a ballot on their behalf. In some cases, states limit this authority to family members, household members or caregivers.  

Online websites: County and state election websites provide crucial information on how to vote, where to vote, voter registration requirements, identification requirements and information for disabled voters. The EAC and Rutgers University study found voters with disabilities were most likely to get voting information in 2022 from printed mailings from the election office rather than online websites, since these were rated as less accessible by people with disabilities. One step states can consider is making their election websites accessible to all. The U.S. Department of Justice also recently published rules to strengthen web and mobile app access for people with disabilities.  

Absentee/mail voting: Absentee, or mail voting, has become a popular voting method in most states, but it can present challenges for voters with disabilities. Individuals with disabilities, especially those with vision impairments, may struggle to physically mark a paper ballot received in the mail. If a voter with disabilities goes to a polling place, they can take advantage of technologies built into accessible voting machines, like ballot reading and navigation aids. They can’t do that if they receive paper ballots by mail. And, to send the ballot back, they need to print a ballot, put it in an envelope, put stamps on it (or travel to a drop box). Each of those steps can prove challenging for voters with disabilities who may not have the dexterity to do this work or lack the resources or mobility. One policy choice states can consider is allowing for a trusted individual or designee to return a ballot for a voter with disabilities who is unable to attend the polling place.  

To help solve the challenge of marking a paper ballot at home to use absentee/mail voting, many states permit voters with disabilities to receive their ballots electronically at home, and some even offer electronic marking and return options. About a dozen states permit voters with disabilities to use an electronic ballot return system to return a voted absentee/mail ballot by fax, email or through an online portal. This option is most often available for military personnel and has only recently been expanded (in some states) to voters with disabilities. Electronic ballot return provides an accessible option for disabled voters by allowing them to use their own home-based adaptive technology such as a screen reader, voice-guided interfaces and braille displays. This eliminates the need for them to physically attend a polling place or to manually mark, fold and return a ballot and allows them to use an electronic interface they’re familiar with to mark ballots. There is always a balance to be struck between accessibility and security, though, and using the internet for returning a ballot presents cybersecurity concerns.  

Voter registration: According to a research study from the EAC and Rutgers University, a 3% difference exists in registration rates between disabled and non-disabled voters. According to a 2021 report from the Center for American Progress, registering to vote may be difficult for voters with vision and mobility impairment who cannot drive to the DMV. The option to register by mail may also cause obstacles for voters with disabilities, especially for those who have print disabilities or difficulty (or inability) to read printed material due to a physical or visual disability. The National Voter Registration Act (NVRA) requires state agencies to offer voter registration opportunities at public assistance agencies, including disability offices. Encouraging agencies who support individuals with disabilities to register these individuals when they interact with the agency may be one way to increase voter registration rates.  

Unclear instructions: Unclear instructions make voting harder for everyone, but especially for voters with disabilities. Unclear instructions impact the use of accessible voting machines, remote ballot marking, and other voting processes. One option states can consider is clearly outlining how a voter participating in curbside voting can communicate with polling place personnel for assistance. The federal government maintains a website plainlanguage.gov with resources on how to make laws, requirements and instructions easily to read.  

Transportation to a polling place: Traveling to a polling location may not be an option available to some voters with disabilities due to physical impediments. It can create a challenge for voters to cast ballots. One possible solution for this challenge has been ballot collection by allowing a voter’s designee or an agent to deliver their ballot for them. The laws for who can deliver a ballot on behalf of another voter vary by state. Another option is partnering with public transportation services where available.