1. The Right to a Private And Independent Vote
Andrew Berk
Attorney
Paul R. Spencer

2. DISCLAIMER
This training is not legal advice. Disability Rights California has not agreed to represent anyone at this training. Nothing said during this training is confidential. We cannot answer questions asking for advice on individual legal issues. If you have a legal issue that you would like to discuss with Disability Rights California, please call our intake line at

3. What You Will Learn
Overview of laws that provide voting rights for people with disabilities
Ways to register
Your legal rights at the polling place
Polling place accessibility
How to participate in voting advocacy 3

4. Laws that Make Voting Accessible
Title II of the ADA: Prevents discrimination in state and local government services, programs and activities
Section 504 of the Rehabilitation Act: Prevents discrimination in federal government and programs or activities receiving federal funding
California Government Code 11135: Prevents discrimination in California government and programs or activities receiving California funding
Help America Vote Act (HAVA): Voting machines must allow people with disabilities to vote privately and independently

5. Laws that Give You Voting Rights (continued)
Voting Rights Act: You can choose someone to help you vote as long as they are not connected with your employer or a union
California Elections Code Section 14282: California law that grants the same right described above.
Voting Accessibility for the Elderly and Handicapped Act (VAEHA): Requires improved accessibility in voting registration and polling places in federal elections

6. Who Can Vote? You have the right to vote if: You are 18 or older
You are a United States citizen
You have not been convicted of a felony
You are registered to vote at your current address
Not currently found to be mentally incompetent by a court of law
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7. Who Can Register?
People under conservatorship who are not disqualified
Can only be disqualified if there is clear and convincing evidence that you cannot communicate a desire to vote with or without reasonable accommodations and:
You or your estate is under conservatorship
You are held incompetent to stand trial
You plead or are found not guilty by reason of insanity
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8. Conservatorships and Voting
Conservatorship: A conservatorship is a court case where a judge appoints a responsible person or organization (called the “conservator”) to care for another adult (called the “conservatee”) who cannot care for himself or herself or manage his or her own finances.
Unless the court has specifically taken away the right to vote, a conservatee can register to vote if they are otherwise eligible.

9. SB 589 and Restoring Voting Rights in California
In 2015, the California state legislature passed a law called SB 589.
The main provision in SB 589 is that, before a court removes the right to vote from a person under a conservatorship, it must have “clear and convincing evidence” that the person cannot communicate, with or without reasonable accommodations, their desire to participate in the voting process.
Also, there is a presumption that a person who has completed a Voter Registration Card is able to communicate their desire to participate in the voting process.

10. “Mental incompetence” and SB 589
A conservatorship can only take away someone’s right to vote when a court finds a conservatee “mentally incompetent.”
“Mentally Incompetent”: clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting

11. What if a voter asks you if they are eligible to vote:
Check the order appointing a conservator (GC 340). There should be a section that says whether or not the conservatee has been disqualified from voting. If the box is not checked, they are eligible to vote.
Check the county elections office records to see if they are eligible.
If the voter is a client of the local regional center, ask the case manager to check.
Ask the conservator if the conservatee has the right to vote. (IMPORTANT: Please note that the conservator does not control the right to vote.)

12. How can Someone get the right to vote back?
The court will have to make a new decision. Upon review of the conservatorship, the judge will decide if the conservatee still qualifies as “mentally incompetent.”
Unless the person is found incapable of communicating that desire, the person’s right to register to vote shall be restored.
The court shall notify the Secretary of State and the county elections official that the conservatee’s right to vote is restored.
A conservatee can get the right to vote back by waiting for the court’s regular review of the conservatorship, or by contacting the court and requesting a review.

13. Cont: How can Someone get the right to vote back?
Court investigators are supposed to come out and review conservatorships. It should happen either annually or every two years. However, the courts are underfunded and cannot evaluate conservatorships on time.
If someone wants their voting rights reviewed right away, they can contact the court to request a review of the right to vote. A letter can be directly mailed or sent to the court. Use the DRC toolkit!

14. How to Register
Fill out a voter registration card at a California designated voter registration agency such as:
DMV
Medi-Cal office
Social Security office
State or local Department of Mental Health office
Register online at
If you do not register 15 days before Election Day, you can still vote provisionally at a polling place

15. How Can I Get Help With Registering?
People can help you at the following agencies:
Department of Motor Vehicles
Local welfare offices
Regional Centers
Local offices of the Department of Mental Health
Local offices of the Department of Rehabilitation
Independent Living Centers
State and County Mental Health Providers
Community-based nonprofit organizations under contracts with the Department of Health Services
Local Social Security offices
Local offices of the Franchise Tax Board
You can ask people from these agencies to provide assistance with voter registration in the person's home if they provide public assistance or services to people with disabilities in their homes.
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16. How to Vote At your designated polling place
Fill out vote by mail application and send it to county elections office
Can submit application to vote by mail no later than the 7th day before Election Day
Must be a registered voter to apply
Ballot can be returned to the county elections office through Election Day

17. Your Legal Rights at the Polling Place
Extra Time to Vote at Accessible Voting Machine
Having Someone Help You Vote in a Voting Booth
Sitting and Waiting to Vote Instead of Standing in Line
Ask for a change to any policy, practice or procedure that prevents you from voting because of your disability
This request is called a reasonable modification
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18. Polling Place Accessibility
Parking: Must have access on aisle and disabled parking sign
Path of Travel: there must be an accessible route to the entrance of the polling place from:
accessible parking
passenger drop-off sites
sidewalks and walkways
public transportation stops
Ramps
Protruding objects: must be detectable by someone using a cane
Building entrance: must be big enough for mobility device

19. Accessible Voting Systems

20. Signature Stamps
You Can Use a Unique Mark or Signature Stamp to Register and to Vote
A signature is:
A person’s mark next to the signature of their designated witness
Witness must be 18 or older
Signature stamp counts as a mark
The county elections office must approve the signature stamp unless the person registered to vote online and the signature stamp has been used at the DMV
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21. Medical Emergency Ballot
Can request ballot even after the deadline when:
you cannot leave nursing facilities, hospitals, or your homes because of an illness or disability
you can’t go to a polling place because of a physical disability
your polling places are not accessible
voting equipment at polling places is not accessible

22. Requesting and Returning Medical Emergency Ballot
To request Medical Emergency Ballot, give a signed written statement to your elections official explaining why you need the ballot
Someone can help you, but they must write the words “Witnessed by” on your statement and sign their name
Your elections official should mail you a ballot and identification envelope
You must return ballot and sealed identification envelope
Sign your name and write the date on the envelope
Write the name of the person who you want to return the ballot on the envelope

23. Help America Vote Act (HAVA) Complaint to California Secretary of State
What they oversee: all state and local elections
Deadline: 60 days after each incident of discrimination or 90 days after you become aware of the discrimination
You can file this complaint by doing all of the following:
download the complaint in your language from procedure/
complete and notarize complaint form
mail the completed form to Secretary of State, Elections Division, HAVA Complaint, th Street, Sacramento, CA 95814
You can contact Disability Rights California Election Day Hotline at and ask for help

24. Voter’s Choice Act: LA 2020
Vote Centers will be open for days, prior to Election Day.
A voter can vote at any one of the vote centers in their county.
The County will take public input on the election plan.

25. Los Angeles County’s VSAP
Voting System for All People
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26. Los Angeles County’s VSAP
Accessibility Features of the County’s Voting System for All People Include:
Touchscreen interface.
Directional keypad for voters with dexterity limitations.
Adjustable text size and color contrast for voters who may be blind or low vision.
Audio instructions for voters who are deaf and hard of hearing.
Sip and puff capabilities.
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27. What Are Voting Accessibility Advisory Committees (VAAC)?
Voting Accessibility Advisory Committees, or VAACs, are community-based committees that includes people who represent the disability community in the local county.
The Committee provides the County Elections staff with feedback and input on ways to make elections more accessible in their County.
The Committee also assists the County to comply with election laws and helps provide equal access to all voters.
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28. Contact Information
For assistance with voting-related issues, especially on or around Election Day, voters with disabilities should call Our website: