Voting Rights for Nursing Home Residents
Nursing home residents retain their right to vote. Two key federal provisions protect that right: Section 208 of the Voting Rights Act (assistance from a person of the voter’s choice) and Section 7 of the National Voter Registration Act (agency-based voter registration opportunities). Together with the Federal Nursing Home Reform Act and the ADA, these laws require facilities and election officials to enable residents with disabilities to register and cast ballots.
Section 208 of the Voting Rights Act (52 U.S.C. § 10508)
Any voter who is blind, has a disability, or is unable to read or write is entitled to receive assistance from a person of the voter’s choice (other than the voter’s employer or agent of the employer, or an officer or agent of the voter’s union). This right applies to every aspect of voting—requesting an absentee ballot, marking the ballot, and returning it—and cannot be restricted by state law that conflicts with Section 208.
- The voter decides who provides assistance; election officials or facilities may not substitute their own choice.
- No medical proof of disability is required.
- Guardianship status alone does not strip the right to vote or to choose an assistant.
- Nursing-home staff may assist if the resident chooses them.
Section 7 of the National Voter Registration Act (52 U.S.C. § 20506)
States must designate as voter-registration agencies all offices that provide public assistance and all offices that provide state-funded programs primarily engaged in providing services to persons with disabilities. These agencies must:
- Distribute voter-registration applications;
- Offer assistance in completing the forms if requested;
- Transmit completed applications to the appropriate election official.
When services are provided at a person’s home, the registration opportunity must also be provided there. This provision helps ensure that individuals receiving disability-related services—including many nursing-home residents—have regular opportunities to register or update their registration.
Nursing Home Obligations
Under the Federal Nursing Home Reform Act, facilities must support residents in exercising their rights as citizens, including the right to vote. CMS guidance confirms that nursing homes should help residents who wish to vote by identifying interested residents, assisting with absentee-ballot applications, providing needed help with marking ballots, and ensuring timely submission in compliance with state law.
Official Sources
- 52 U.S.C. § 10508 – Voting Rights Act § 208 (Cornell LII)
- 52 U.S.C. § 20506 – NVRA § 7 (Cornell LII)
- ADA.gov – Protecting the Rights of Voters with Disabilities
This summary is for informational and advocacy purposes. It is not legal advice. Consult official sources or an attorney for application to a specific election or situation.