Voting and Cognitive Impairments
The American Bar Association Commission on Law and Aging, with funding from the Albert and Elaine Borchard Foundation Center on Law and Aging and the Greenwall Foundation, is conducting a project to identify, publicize, and catalyze policy and practice strategies nationwide that promote proper access to the polls by persons with cognitive impairments and protect against the fraudulent manipulation of the vote of this population.
The project, Accommodating Cognitive Impairments in Voting: Shaping Clinically and Ethically Sound Institutional and Public Policy, will accomplish these goals by:
- Surveying state election policies and activities addressing accommodations for persons with cognitive impairment in order to identify promising practices;
- Developing an easily accessible clearinghouse of information and resources on the subject;
- Identifying and describing the experiences in the November 2008 election of those election boards that provide direct outreach and support to residents of long-term care facilities and publishing a report of the findings;
- Supporting and evaluating a demonstration project of “mobile polling” in Vermont and publishing the evaluation in a peer-reviewed journal.
This website accomplishes the second goal of the project by developing an easily accessible clearinghouse of information and resources on the subject, including findings from the first, third and fourth goals of the project.
ABA Legislative Policies on Voting
Articles
- Jennifer Mathis, Voting Rights of Older Adults with Cognitive Impairments, Clearinghouse Review Journal of Poverty Law and Policy, September – October 2008 (292-300)
- Charles P. Sabatino and Sally Hurme, Who Has the Capacity to Vote? Experience, Vol. 19, No. 1, 2009
- Charles P. Sabatino and Sally Hurme, Who Has the Capacity to Vote? Experience, Vol. 19, No. 1, 23-29 2009
- Paul S. Appelbaum, Richard J. Bonnie and Jason H. Karlawish, The Capacity to Vote of Persons With Alzheimer’s Disease, Am. J. Psychiatry 162:11, November 2005
- Jason Karlawish, Paul S. Appelbaum, Richard Bonnie, Pamela Karlan and Steve McConnell, Policy Statement on voting by persons with dementia residing in long-term care facilities, Alzheimer’s & Dementia 2 (2006) 243-245
Bazelon Center for Mental Health Law Materials
Congressional Hearings
Election Assistance Commission Materials
Government Accountability Office (GAO) Materials
- GAO, Topic Collection: U.S. Elections Website
- Government Accountability Office (GAO) Study: Voting Access for Voters with Disabilities and the Elderly—Election 2008
- Elections: States, Territories, and the District Are Taking a Range of Important Steps to Manage Their Varied Voting System Environments
National Citizens' Coalition for Nursing Home Reform
News
- Anya Huneke, Vermont launches mobile polling program, NECN, Oct. 23, 2008
- Dena Potter, Advocates Push For Voting Rights For People w/ Psychiatric Disabilities, Associated Press, Nov. 3, 2008
- Ina Urbina, V.A. to Allow Voter Signup for Veterans at Facilities, New York Times, Sept. 9, 2008
- Mary Pitman Kitch, Democracy Makes House Calls, The Oregonian, Nov. 2, 2008
- Steven Rosenfeld, Department of Veterans Affairs Changes Policy on Helping Wounded Soldiers Register to Vote, AlterNet, May 1, 2008
- Susan Q. Stranahan, Mobile Polling—For Those Who Simply Can’t Get to a Voting Booth, AARP Bulletin Today, July 14, 2008
- Taunya English, Mental Disability And Voting Access, Nov. 4, 2008
State Law Accommodations
State Resources
Maryland
- Linda H. Lamone, Administrator, Maryland State Board of Elections, Absentee Ballot and Voter Registration Procedures for Licensed Nursing Homes and Assisted Living Facilities, April 2004
- Maryland State Board of Elections, Licensed Nursing Homes and Assisted Living Facilities: Absentee Ballot & Voter Registration Procedures, June 2006
- Maryland State Board of Elections, Licensed Nursing Homes and Assisted Living Facilities: Absentee Ballot & Voter Registration Procedures, November 2007
- State of Maryland, 2006 Judges Manual, Chapter 5, Sample Letters and Memos, N.D.
- State of Maryland, Absentee Ballot Accounting Form, N.D.
- State of Maryland, Absentee Ballot Log, N.D.
- State of Maryland, Nursing Home & Assisted Living Facility Worksheet, N.D.
Oregon
- League of Women Voters of Oregon, Official 2008 March Primary Voters, Pamphlet, Voters with Disabilities, pgs. 2-3, N.D.
- Mary Shultz, Assistant Director of Elections, Multnomah County, Multnomah County Voter Assistance Team (VAT) November 6, 2007 Special Election October 8, 2007 through November 30, 2007, December 21, 2007
- Mary Shultz, Assistant Director of Elections, Multnomah County, Multnomah County Voter Assistance Team (VAT) May 15, 2007 Special Election April 16 through May 15, 2007, June 3, 2007
- Mary Shultz, Assistant Director of Elections, Multnomah County, Multnomah County Voter Assistance Team (VAT) Abbreviated Report on the November 7, 2006 General Election: Voting Assistance Phase October 11, 2006 through November 7, 2006, February 28, 2007
- Mary Shultz, Assistant Director of Elections, Multnomah County, Multnomah County Voter Assistance Team (VAT) Abbreviated Report on the November 7, 2006 General Election: Registration Assistance Phase June 1, 2006 though October 10, 2006, February 28, 2007
- Mary Shultz, Assistant Director of Elections, Multnomah County, Multnomah County Voter Assistance Team (VAT) Abbreviated Report on the November 7, 2006 General Election, July 12, 2005
- Mary Shultz, Assistant Director of Elections, Multnomah County, Multnomah County Voter Assistance Team (VAT) Abbreviated Report on the November 7, 2006 General Election: Voting Assistance Phase October 11, 2006 through November 7, 2006 (Reflects removal of “No-Sig” phone calls), June 1, 2007
- N.A., Draft: Voting Assistance Program – Summary of Recommendations, N.D.
- N.A., Information Paper on AFB (Alternate Format Ballot), January 2008
- Washington County Elections, Voter Assistance Program Pamphlet, N.D.
Vermont
- Deborah Markowitz, Secretary of State Releases Results of Mobile Polling Study: Vermont pilot project to expand voter accessibility for elderly, June 4, 2009
- Deborah Markowitz, The Office of the Vermont Secretary of State, Mobile Polling Project, 2008
- Jason Karlawish, Deborah Markowitz and Charlie Sabatino, Bringing voting to long term care facilities: Assessing the benefits of mobile polling, N.D.
Symposium Facilitating Voting as People Age: Implications of Cognitive Impairment
- Introduction, Charles P. Sabatino and Edward D. Spurgeon
- Recommendations of the Symposium
- Voting and Cognitive Impairments: An Election Administrator's Perspective, Deborah Markowitz, Vermont Secretary of State
- Voting by Elderly Persons with Cognitive Impairment: Lessons from Other Democratic Nations, Jason H. Karlawish and Richard J. Bonnie
- Framing the Voting Rights Claims of Cognitively Impaired Individuals, Pamela S. Karlan
- Defining and Assessing Capacity to Vote: The Effect of Mental Impairment on the Rights of Voters, Sally Balch Hurme and Paul S. Appelbaum
- Absentee Voting by People with Disabilities: Promoting Access and Integrity, Daniel P. Tokaji and Ruth Colker
- Preserving Voting Rights in Long-Term Care Institutions: Facilitating Resident Voting While Maintaining Election Integrity, Nina A. Kohn
- The Technology of Access: Allowing People of Age to Vote for Themselves, Ted Selker
Websites
- Bazelon Center for Mental Health Law, Voting Website
- Brennan Center for Justice at New York University School of Law, Voting Rights & Elections Website
- GAO, Topic Collection: U.S. Elections Website
- National Association of State Election Directors Website
- United States Election Assistance Commission Website
- University of Pennsylvania Alzheimer’s Disease Center and Penn Memory Center, Facilitating Voting as People Age: Implications of Cognitive Impairment Website
