Can a Person with Dementia Vote?

In the United States, the right to vote is fundamental, and that extends to people living with dementia. However, there can be confusion surrounding whether someone with dementia is legally allowed to vote, especially as the disease progresses. Let’s break it down and provide some clarity.

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Legal Rights and Capacity

The U.S. Constitution guarantees voting rights to all citizens 18 years of age and older, but states have the authority to determine specific voter eligibility requirements. Most states do not have laws that outright prevent people with dementia from voting. In fact, a person with dementia maintains their right to vote as long as they are deemed competent to do so. Competence generally means that they can understand what voting is and why they are voting.

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‍A dementia diagnosis alone does not disqualify someone from voting. It’s about their ability to make a choice at the time of voting. The reasons behind their vote choices, or the caregiver’s opinion of those choices, are irrelevant. What matters is respecting their decision and facilitating their voting rights. Just like cognitively healthy individuals, those with cognitive impairments have the right to vote based on their own preferences, even if the rationale seems unclear. The key is honoring their autonomy and ensuring their choices are supported.

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State-Specific Laws

Some states have specific rules around voting competency, which may come into play if a person has been declared legally incompetent by a court. This usually involves a legal guardian being appointed, and in some cases, it may limit the person’s right to vote. These situations are rare, though, and most people with dementia retain their voting rights unless specific legal action has been taken.

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Caregivers should familiarize themselves with their state’s laws regarding voting rights for those with cognitive impairments. For state-specific details, visiting your state's election website or consulting with a legal professional can help clarify local regulations. You can visit also vote.gov an official government website that provides information on how to register to vote in the United States. It offers resources to help users find their state's voter registration process, check registration deadlines, and understand voter eligibility requirements.

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Assessing a Person’s Ability to Vote

If you are a caregiver and wondering whether your partner living with dementia can vote, consider the following:

• Do they understand what voting means?: Can they comprehend that they are making a choice between candidates or issues?
• Can they express a preference?: Even if they need assistance to complete a ballot, they should be able to indicate their choices clearly whether verbally or non-verbally.
• Are they interested?: Some people with dementia may still have an active interest in civic duties, while others may lose interest as the disease progresses.

If you can answer "yes" to these questions, it's likely your partner is still capable of voting.

Please note: Avoid asking your partner testing or interrogating questions to determine if they are capable of voting. If they can express a choice, regardless of their reasoning, they are likely able to vote.

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Assistance with Voting

Under the Americans with Disabilities Act (ADA), voters with disabilities, including those with dementia, are entitled to assistance at the polls or when voting by mail. This assistance could come from a caregiver, family member, or even a poll worker, depending on the individual’s needs.

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Here are some ways a person with dementia can be supported in voting:

• Mail-in ballots: Great option for people who may find it physically or cognitively challenging to vote in person.
• Early voting: Can help reduce the stress of long lines and crowded polling places.
• Voter assistance: The person providing assistance must respect the voter’s choices without influencing their decision.

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Preventing Undue Influence

It’s important to ensure that the person with dementia’s vote is their own. Caregivers or others offering assistance should avoid directing their vote by influencing their preferences, even if he or she asks you to tell them who to vote for. Voting is a personal decision, and it's important to respect the individual's autonomy as much as possible. If they cannot communicate a choice independently, then they cannot vote.

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Actionable Steps for Caregivers:

1. Check local laws: Visit your state's election website or consult a legal advisor to understand any state-specific rules.
2. Talk to your person about voting: Assess their interest and understanding of the voting process.
3. Consider voting options: Explore absentee voting, early voting, or assistance at the polls to make the process easier.
4. Provide support: If they need help, you can read the ballot, explain choices, or assist with marking, but remember to stay neutral in the voting decision. If they cannot communicate a choice, you can not mark their ballot.

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Further Guidance‍

50 State Listing of Available Vote Assistance by the American Bar Association

Assisting Cognitively Impaired Individuals with Voting: A Quick Guide by the American Bar Association and the Penn Memory Center

Assisting Cognitively Impaired Individuals with Voting: A Quick Guide (Spanish) by the American Bar Association and the Penn Memory Center

Find Out How to Vote in Your State by AAPD

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People living with dementia have the right to vote, as long as they can make informed decisions. With the right support, many can continue to participate in this important civic duty. For caregivers, it’s all about ensuring the process is respectful and as stress-free as possible for their person. Always check your state’s specific guidelines to ensure compliance with local laws.

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If you’re uncertain about your loved one’s eligibility or the best way to assist them, you may want to consult legal resources or your state’s election office for further guidance.