Protecting Cognitively Impaired and Disabled North Carolina Residents During Elections

Federal and North Carolina laws that address voting sometimes change, so it is important that facility staff receive legal guidance prior to every election. Facility staff and leadership who are not trained to uphold election laws can make mistakes that could result in criminal prosecutions. Such was the case when a Michigan nursing home employee was sentenced to 45 days in jail and probation for forging signatures on absentee ballot applications in 2022.

Residents who are cognitively impaired:

Some of your residents may be considered “non compos mentis” — a term that means they are “not of sound mind.” Whether those residents have been legally adjudicated as mentally incompetent, or not, staff and family members need to be careful to not violate state and federal laws during the voting process.

Residents who cannot EITHER express that they wish to vote in the election or cannot freely indicate their preferred choice on the ballot should not have a ballot requested for them or marked for them. As we see in the Michigan example, forging absentee ballot applications can bring just as severe penalties as filling out a ballot for a person who is unaware.

Residents who are disabled:

Under Section 208 of the federal Voting Rights Act of 1965, “[a]ny voter who requires assistance to vote by reason of blindness, disability, or inability to read or write may be given assistance by a person of the voter’s choice, other than the voter’s employer or agent of that employer or officer or agent of the voter’s union.” 52 U.S.C. § 10508.

According to NC Board of Elections guidance, this can be “a physical or mental impairment” that “substantially impair[s] an activity that is involved in absentee voting,” meaning that disabilities that are unrelated to a person’s ability to cast a ballot do not qualify for assistance. It is important to note that even under this exception, the disabled voter must still have the ability to choose the individual who assists them in casting their ballot. If the voter is unable to make such a specific request for assistance or instructions concerning their desired vote choice, then assistance cannot be rendered.

Members of a “Multipartisan Assistance Team” (“MAT”) may assist residents who are disabled. MATs are composed of “members, employees, or volunteers of the county board of elections” who are “trained and authorized by the county board of elections to assist voters with absentee ballots.” N.C. Gen. Stat. § 163-226.3(a)(4).

Because MATs are professionally trained and familiar with all state and federal legal rules concerning absentee voting, it is best practice to submit a request for the assistance of a MAT team and allow them to assist voters within your care facility.

An informational handout for family members and/or the North Carolina voting assistance legal guide can be requested (no cost) by emailing Laura.Williams@centerforvulnerablevoters.org. Additional training materials are available at www.centerforvulnerablevoters.org.

Disclaimer: This information is being provided for educational purposes and should not be construed as legal advice. You should always consult an attorney before taking action to ensure that recent changes in law have not altered your obligations.