On July 22, 2024, a federal court in Ohio struck down a state law making it a crime for most people to assist voters with disabilities in casting absentee ballots.[1] In doing so, the court reaffirmed the rights of disabled individuals to select a person of their choice to assist them with voting, including the return of an absentee ballot.

With a major election coming up in November, it is important for skilled nursing facilities and assisted living facilities to ensure that they have an appropriate policy in place to protect the rights of their residents to vote. Under Centers for Medicare & Medicaid Services (“CMS”) guidelines, skilled nursing facilities are required to ensure that residents are able to exercise their right to vote “free of interference, coercion, discrimination, and reprisal from the facility.” It is not sufficient for facilities to simply provide residents with applications for absentee ballots in states where absentee voting is allowed. CMS requires that facilities support a resident in the exercise of their right to vote, such as assisting with absentee or mail-in voting or providing transportation for residents to polling locations or ballot drop-boxes in a safe manner.

To ensure that staff is acting in accordance with the law, facilities should develop a policy to establish a procedure to assist residents in exercising their right to vote. This should include designating at least one staff member as a voting liaison to work with residents to provide assistance as needed. This might include assisting residents with obtaining applications for absentee ballots, and ensuring the confidentiality and safe delivery of residents’ ballots after they are completed.

Should you have any questions regarding compliance with CMS guidelines for ensuring resident rights regarding voting, please do not hesitate to contact a member of our Senior Living Practice Group.

Authored By: Michael Kern

[1] https://www.lwv.org/sites/default/files/2024-07/ohnd-1_2023-cv-02414-00062.pdf

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Federal Court Reaffirms Rights of People with Disabilities to Receive Assistance with Voting

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