The Boost's 2024 Voting Guide for People with Developmental Disabilities

The Nov. 5, 2024, presidential election is coming up fast, which means the time is now to ensure that individuals with intellectual and developmental disabilities (IDD) have their voices heard.

The right to vote extends, in theory, to every U.S. citizen (more about that later). Voting “lets [people with disabilities] participate as citizens in the decisions made by their local communities and at the state and federal levels. It’s a major way for them to raise their voice,” says Jonathan Goldwasser, senior supervisor at YAI and a facilitator of its Hudson Valley, New York, self-advocacy group.

In the 2020 presidential election, 17.7 Million Americans with disabilities voted, a “significant increase” over 2016, according to a report from the Program for Disability Research at Rutgers University and the U.S. Election Assistance Commission (EAC). More specifically, turnout increased by 5.9 points relative to 2016’s Trump vs. Clinton match-up — slightly more than the increase among citizens without disabilities.

It’s a heartening statistic, but there’s much room for improvement. In 2020, 38 million citizens with disabilities were eligible to vote — representing close to one-sixth of the electorate — also according to a report out of Rutgers.

Often, it’s up to family caregivers and service providers to help ensure that these votes happen. It’s easy, though, to get overwhelmed by questions such as how to register, or how to help register, your loved one; where to vote; and how to ensure their rights are upheld during the process. Well, breathe easy. The Boost’s 2024 Voting Guide lays it all out, and gives you the resources to help.

While each of the 50 states has its own regulations regarding elections and electoral procedures, and this guide has a focus on New York State, it should be helpful to all.

WHO’S RUNNING FOR PRESIDENT

Democratic Vice President Kamala Harris is up against Republican former president Donald J. Trump.

Also on the ticket are four third-party candidates: (Note: Some will not appear on all state ballots.) Independent Robert F. Kennedy, Jr., who suspended his run but plans to remain on some ballots; Independent Cornel West; Green Party’s Jill Stein; and the Libertarian Party’s Chase Oliver.

WHO CAN VOTE

The right to vote extends to every U.S. citizen — until it doesn’t. While the Constitution protects the fundamental right to vote, as noted it also gives states the authority to set voting qualifications for both federal and state elections.

You’re eligible to vote in New York if you meet all of the following requirements:

You’re a U.S. Citizen
You’re a New York resident
You’re at least 18 years of age on Election Day.

Most pertinent to the IDD population is the issue of guardianship. Parents who pursue guardianship of their adult child with a developmental disability may worry that this will endanger their child’s right to vote.

While New York Election Law § 5-106(6) states that no person who has been adjudged incompetent may vote in New York State, New York’s Article 17A guardianship law, which provides for guardianship of a person with IDD, “is silent as to declaring a person incompetent,” says Sandi Rosenbaum, a Special Education / Special Needs Advocate at Littman Krooks, LLP, in New York.

“Rather, it addresses whether such a person needs a guardian to make personal, financial, and medical decisions for them to protect their interests. Thus, a finding that a person requires a guardian does not inherently constitute a finding of incompetence, and being subject to Article 17A guardianship does not, on its own, deny a person’s eligibility to vote.”

The important takeaway: Only a judge can make the decision that someone is not competent to vote. Election officials and poll workers cannot stop someone from voting because of a disability.

You must register before you can vote in New York.

CREATING A PLAN TO VOTE

The Self-Advocacy Association of New York State (SANYS) has a brightly designed, easy-to-read online packet that details what to do before stepping into the booth. It’s geared toward support staff in group homes, but it’s a great outline to ensure your loved one has a plan.

The NYS Office for People With Developmental Disabilities (OPWDD) has a FAQ that’s also helpful.

HOW TO CHECK IF YOU’RE REGISTERED

One easy way is via Check Your Registration at vote.org.

Voter registration info in multiple languages can be found here.

REGISTRATION ELIGIBILITY REQUIREMENTS

(Info from voterriders.org)

To register to vote:

You must provide your driver’s license number or state ID card number if you have one.
If you do not have either of these IDs, you can use the last 4 digits of your Social Security number (SSN).
If you do not have a Social Security number, then leave that space blank on your registration form.

If you don’t provide any of these numbers or the state can’t match the number you provide to official records, you will have to show an accepted form of ID the first time you vote.

You can use one of the following:

Unexpired photo ID (driver’s license, state ID card, passport, etc.)
Current utility bill, bank statement, or government document

REGISTRATION DEADLINES

NYS driver’s license, permit, or non-driver ID card
ZIP Code currently on record with the DMV
Social Security number
A NY.Gov ID. If you have previously used a NY.Gov ID with another agency, you may use the same login to access the Online Voter Registration portal. If you have not used a NY.Gov ID you will need to create an account.

Mail Registration: Applications must be received by a board of elections no later than Oct. 26, 2024.

In Person Registration: Oct. 26, 2024.

BALLOT APPLICATION PORTALS

NOTE: You will be notified if you need to provide ID with your ballot.

Early mail ballots: Any registered voter may apply for an early mail ballot.

Accessible ballots: For voters with a print disability, which means any disability that interferes with the effective reading, writing, or use of printed material, and require a ballot with accessible features.

You can also call 800-367-8683 to request an absentee ballot application.

NOTE: In-person voting using an accessible Ballot Marking Device (“BMD”) during early voting or on Election Day is still available to voters with a disability who do not want to vote using the accessible ballot system.

Absentee ballots: Qualifications include:

Absent from your county or, if a resident of New York City absent from the five boroughs, on Election Day.
Unable to appear at the polls due to temporary or permanent illness or disability.
Unable to appear because you are the primary care giver of one or more individuals who are ill or physically disabled.

HOW TO MAKE CHANGES TO YOUR REGISTRATION

POLL SITES

This easy form can help you quickly find your site.

VOTING DEADLINES

Keep in mind that early in-person voting and mail-in voting can help make the process less stressful for some.

Early voting: Sat., Oct. 26, 2024 – Sun., Nov. 3, 2024 Early Voting is just like voting on Election Day. Early voters privately mark and scan their ballot.
- You can find your early voting polling place at the same link.
Ballot return:
- Put it in the mail ensuring it receives a postmark no later than Tues., Nov. 5, 2024.
- Drop off your ballot to your county Board of Elections Office no later than Tues., Nov. 5, 2024 by 9 p.m.
- Drop off your ballot to an early voting poll site in your county between Sat., Oct. 26, 2024 – Sun., Nov. 3, 2024.
- Drop off your ballot to an election day poll site on Tues., Nov. 5, 2024, no later than 9 p.m.
In-person: Tues., Nov. 5, 2024

IN-PERSON VOTING

You don’t need a government-issued ID to vote in-person.

If you didn’t verify your identity when you registered, you need to provide ID the first time you vote for President or Congress.

ACCESSIBLE IN-PERSON VOTING

Machines

It might be useful to know what kind of voting machine will be at the polling place. The NYS Board of Elections provides some of that information here.

Assistive Ballot Marking Devices

Voters with disabilities have the federal right to vote privately and independently by marking a paper ballot or using a Ballot Marking Device (BMD). This device is equipped with features to allow the voter to adjust for size and contrast the ballot image, and allow the use of a “Sip-N-Puff” or paddle device by voters with limited hand dexterity.

Every polling site is required to have a BMD in working order. Poll staff are trained and must be prepared to assist all voters requesting to use the BMD, regardless of their disability.

NOTE: Despite the requirement, not every site has a BMD or, at least, one in working order. Reach out to your County Board of Election if you have questions.

DISABILITY VOTER RIGHTS

Can a person with I/DD have someone with them to help them vote? A resounding “yes.” Check out 13 Things Voters with Disabilities Need to Know from Disability Rights New York (DRNY) to learn about this and more. It also has helpful information such as where to call with accessibility complaints

The U.S. Election Assistance Commission has a handy Your Federal Voting Rights wallet-size card that can be printed out and taken to the voting site. It’s a great resource to have on hand should there be a problem and a way to ensure that poll workers know the law, too.

If you have any problems when you vote, you can contact:

Call the Election Protection Hotline to speak with a trained Election Protection voluntee
- English: 866-687-8683
- Spanish/English: 888-839-8682
- Asian Languages/English: 888-274-8683
- Arabic/English: 844-925-5287
Disability Rights New York at mail@DRNY.org, (518) 432-7861 (voice), (518) 512-3448 (TTY), or (800) 993-8982