October 28, 2024
stock image showing a woman helping a smiling older man vote at a polling place with sign off to side saying "vote here"

Editor’s note: The information provided in this blog is intended for general informational purposes  and does not constitute legal advice.  Assisting voting of people with cognitive disabilities  varies according to jurisdictions and individual needs and requires knowing the specific laws and regulations in a given area.

A friend recently asked if my family member, who is in the early stages of dementia and therefore has given me power of attorney, should also be denied a voting ballot. I vigorously responded, “no!”

A person’s ability to make complex financial and health decisions is different from their ability to choose a political candidate. This is particularly true if—as in this case—that person’s long-held political beliefs are well known, and they’re still able to clearly convey them. I’m a speech-language pathologist who works with clients with cognitive and communication disorders, so this question was both personal and professional. I wanted to be sure I had accurate legal and scientific information to back up my answer.

As much as I wanted to defend my loved one’s fundamental right to vote—and anyone else’s with dementia or a communication issue—I didn’t want to encourage anything illegal or unethical. So I did some basic research.

What I learned about voter assistance

A basic search of the American Bar Association Commission on Law and Aging revealed that laws differ across states, and the terminology around assisting someone in voting is often ambiguous and/or outdated. However, the bottom line as I understand it, is this: If, with a helper, my family member—or other voters—can indicate the desire to vote and communicate their choice on ballot questions, then the process moves forward. But if the helper is unable to determine the voter’s intent, then the helper must decline to complete the ballot.

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As with many people with dementia, my loved one chats about random topics and needs assistance with some daily activities. But she also often recalls the past, including many elections as well as her preferred party and candidates. Her present beliefs are consistent with her past convictions, which gives me the confidence that I’m following the law in helping her vote. More importantly, she has strongly expressed her desire to exercise this fundamental right in the upcoming presidential election.

Why and how can care partners support voting

The same person who asked me about my loved one with dementia voting, asked me a second question: Would I make the effort to help them or someone else vote if I knew they would vote for the opponent of the candidate I was supporting? That answer required no research and is a resounding “yes.”

My family member, like many patients with dementia, experiences days full of challenges and few choices. Helping these patients make an important choice allows them to participate in life in a meaningful way—especially if the opportunity involves an activity the patient did consistently their entire life.

Based on my interactions with my loved one, clients with cognitive issues, and basic research, here are some strategies and resources to support and encourage engagement in the voting process:

  • Watch recent news snippets with them and talk about current
  • Engage them in conversation about past elections with questions, such as: “Who was your favorite president? Why?” They will likely enjoy this activity, and you might learn some history and more about your patient.
  • Check with local city or town halls for voter registration forms and elections department for absentee ballots and voter ID requirements.
  • Check with local election boards on what adapted ballot information or voting assistance they offer. You can find your local state election office on the website of the Federal Election Commission.

Helping a patient vote is one small but significant way to restore some dignity to a life once well lived and to help them feel that their thoughts and perspectives still matter. Because they do.

Mary Kayata-Edmond, MS, CCC-SLP, works in a large public teaching hospital in Miami. She’s an affiliate of ASHA Special Interest Groups 2, Neurogenic Communication Disorders; 13, Swallowing and Swallowing Disorders (Dysphagia); and a member of the Professional Development Committee of SIG 15, Gerontology.

[email protected].

Resources

Vote.org is a nonpartisan nonprofit where people can confirm or update voter registration status online and get free guidance on voting requirements in their states and districts.

AccessibleVoting.Net offers current state-by-state guides on accessibility for voters.

U.S. Elections Assistance Commission provides a list of resources for voters with disabilities. 

ASHA Practice Portal: Dementia

ASHA Evidence Map: Dementia

Additional Resources

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