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The information provided in any OLRS publication is not a substitute for legal advice. You should consult with a lawyer concerning your rights in a specific case. Contact your local bar association or visit the Ohio State Bar Association Web site to find a lawyer in your area.
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Copyright © 2003, 2006 Ohio Legal Rights Service. All rights reserved.
Federal laws protect your right to vote as a person with disability. The Americans with Disabilities Act of 1990 (ADA), Title II, requires state and local governments to assure people with disabilities access to all government programs, services and activities. Therefore, ADA Title II requires state and local governments to make voting places and equipment accessible to people with disabilities.
The Help America Vote Act of 2002 (HAVA) is a new federal law which further protects your right to vote as a person with a disability. HAVA grants money to states to improve voting systems for all voters. HAVA grants money to states specifically to improve voting place and equipment accessibility for people with disabilities. HAVA requires states to establish an administrative procedure to hear complaints and resolve grievances about voting rights violations.
Ohio's statutory laws on elections and voting are found at Ohio Revised Code Title 35. In addition, Ohio election procedure in regard to voters with a disability is governed by a 1984 consent judgment in the case of Glancy v. Morrow County Board of Elections. In that case, a group of voters with disabilities, represented by Ohio Legal Rights Service, sued a board of elections and the Ohio Secretary of State over voting rights of persons with disabilities. The Secretary of State agreed to certain principles and procedures in regard to voters with disabilities, and is bound to direct all county boards of elections to comply with those principles and procedures. Many of the statements in this publication are derived from that source. You may wish to download a copy of the Glancy consent order from the OLRS Web site, and to take the text of that judgment along with you to your polling place on election day, in case a problem should arise.
You are eligible to register and vote if:
In order to vote you must first be registered (at least thirty days before the election). You do this by filling out a voter registration form. You can obtain a voter registration form from your county board of elections or from the Ohio Secretary of State.
You can find information about your county board of elections in your local phone book in the county government section, or refer to the Ohio County Boards of Election Directory on the Ohio Secretary of State Web site. You can ask to have a voter registration form sent to you by contacting the Secretary of State, or by completing a Voter Registration Form on the Ohio Secretary of State Web site.
Staff from other government agencies or service providers, such as case managers, social workers, or client rights advocates, can help you in obtaining and filling out a voter registration form.
After you register, the county board of elections will send you information telling you which voting precinct you will vote in, and the location of your polling place. If you change your residence, you need to notify your board of elections so that you can vote at the proper polling place for your new residence. Also, if you change your name you need to notify the board of elections.
If you reside in a public or private institution or facility, then the address of that institution or facility is your residential address for voting purposes. However, if you are presently in an institution or facility for temporary treatment purposes only, then your residence for voting purposes is not the institution, but the place where you resided when you entered the institution.
If you were registered in the past but have not voted at any election in the past four years or updated or confirmed your registration in the last four years, you need to re-register now to be eligible to vote in the next election.
You must re-register to vote no later than thirty days prior to the primary or general elections. If you have been incarcerated as a result of a felony conviction, you are not eligible to register and vote during the period of incarceration. However, your right to register and vote is automatically restored upon your final release from your sentence. In addition, you may vote while on probation, parole, judicial release, or when you have been released on a conditional pardon or under a post-release control sanction. Please note also that an order of institutionalization because of a finding of not guilty by reason of insanity (NGRI) or incompetency to stand trial is not a conviction and does not interfere with your right to register and vote.
When you come to the polling place to vote, you must identify yourself and provide proof of your identity. Proof of identity may be in the form of a driver's license, state identification card, or other valid photo identification. It may also be in the form of a military identification, a copy of a current utility bill, a bank statement, a government check, a paycheck, or another government document (but you cannot use a notice of election mailed by the board of elections, or a notice of voter registration mailed by the board of elections). The document you use should show your current address. If a driver's license or state identification card does not show your current address, it is still valid; the precinct election official will make a notation that the address is not current. If you can identify yourself in any of these ways, you can cast a regular ballot.
If you cannot cast a regular ballot for lack of accepted identification, you can still vote by casting a provisional ballot. If you have a Social Security number and can provide the last four digits of that number, you can cast a provisional ballot without further proof or contact with the board of elections.
If you have no accepted identification and have no Social Security number, you can still vote by provisional ballot by signing an affirmation form provided by the election precinct officials. In this case also, you are not required to have any further contact with the board of elections. (If you decline to sign an affirmation form, you can still cast a provisional ballot but the ballot will not be counted unless you appear at the board of elections office within ten days and provide identification or the last four digits of a Social Security number or sign the affirmation form.)
If you have an accepted means of identification but you don't have it with you, and if you have a Social Security number but cannot state the last four digits of that number, you can vote by provisional ballot. In order to have the ballot counted, you must appear at the board of elections office within ten days and provide an accepted means of identification or provide the last four digits of your Social Security number.
Before casting your ballot, you will be asked to sign your name or make a mark in the polling book or poll list. The board of elections must make reasonable accommodations in the signing/marking process, including, for example, allowing the use of any available assistive technology or device to help you sign your name or mark. If despite accommodations you are physically unable to make a mark or signature, you can have another adult resident of this state sign the polling book for you if you file with the board of elections a document authorizing that person to sign for you (as an "attorney in fact").
If you want to, you may bring a sample ballot into the voting booth with you. If you need help in voting, you may bring a person of your choice into the voting booth to assist you. However, that person may not be a candidate on the ballot, and may not be an agent of your employer or your labor union. If you need help in voting but have no one to assist you, two poll workers will provide assistance to you in marking your ballot.
It should be noted that until recently some confusion existed in this regard among poll workers. However, a change in Ohio election law has brought state statutory law on this subject into conformity with both federal law and the Glancy consent order. (Ohio Revised Code Section 3505.24, as amended, effective August 28, 2001. The Ohio Revised Code is online at LAWriter Ohio Laws and Rules - Ohio Revised Code.) This development should end any further misunderstanding among poll workers on this subject.
A person attempting to vote may not be challenged on the basis of his/her mental capacity. A person may be challenged only on qualifications such as age, residency, and citizenship.
All polling places must be physically accessible to persons with disabilities unless an exemption has been granted by the Secretary of State for good cause. You may contact the county board of elections to confirm that your polling place is accessible. (Refer to the Ohio County Boards of Election Directory on the Ohio Secretary of State Web site.) If it is not accessible, you can require the board of elections to reassign you to an accessible voting location or to provide you another means of casting your ballot on election day (such as curbside balloting). The federal government has published a ADA Checklist for Polling Places to help voting officials understand what makes a polling place accessible.
Persons who wish to do so may vote by absentee ballot. Please note, however, that the board of elections may not require anyone to vote by absentee ballot if the voter chooses to vote in person on election day.
A person who wishes to vote by absentee ballot must make written application to his/her county board of elections by no later than noon of the third day before the election. (Do not apply for an absentee ballot more than ninety days before an election.) Application forms for absentee ballots are available from the board of elections and from other government agencies.
After the board of elections receives your application for an absentee ballot, it will either mail the ballot to you or deliver it to you. If you are confined within a public or private institution within the county, the board is required to send two employees to you to deliver your ballot and to return it to the board. If you need assistance in marking your ballot because of a physical infirmity, the two employees will provide assistance to you upon your request.
After you mark your absentee ballot, you must make certain that it is received by the board of elections by no later than 7:30 p.m. on election day. You may return it by mail or in person to the election board office. You may do this yourself or have someone do it for you.
You can register to vote through the Ohio Secretary of State office. To request a voter registration form, you must send your name, full address, and the number of forms you would like to receive to:
Ohio Secretary of State
180 East Broad Street, 15th Floor
Columbus, Ohio 43215
Telephone: 877-767-6446 (toll free) or 614-466-2655
TTY: 614-466-0562
Fax: 614-752-4361
Contact form: www.sos.state.oh.us/SOS/about/ContactUsAgency.aspx
Finally, you can download a Voter Registration Form from the Ohio Secretary of State Web site.
All mailed registration forms sent to the Secretary of State's office (or a county board of elections) must be postmarked 30 days before an election to be valid.
To receive general voter registration information, contact the Director of Voter Education Services, Ohio Secretary of State at the address listed above, or by calling: 877-767-6446 (toll free), or 614-995-2271.
You can also register at:
You can call the local or county campaign headquarters of either political party or of a local candidate. They will usually arrange for a volunteer to take you to the polls. You can ask your case manager or social worker whether or not they can assist you or whether or not they know of a transportation resource in your area. You can also contact your local paratransit service and arrange transportation in advance.
Contact the client rights advocate or your social worker (this person also may be called the client rights officer or patient representative) and ask for a registration form or absentee ballot.
If you are able to leave the hospital, you can go to the polls yourself. If you need assistance with transportation to the polls, ask the social work or client rights advocate staff to arrange transportation. If possible, you should request transportation assistance before election day. If you cannot leave the hospital, the client rights advocate should assist you in contacting the county board of elections or you can contact the board of elections. Many hospitals will have pre-arranged to have county elections officials at the hospital to assist voters with absentee ballots. (Note: If your residence is in a different county from the hospital, different arrangements will need to be made. It is important that you work closely with staff to make the appropriate arrangements.)
The United States Department of Justice enforces ADA Title II and investigates complaints of ADA Title II violations. If you believe that your rights to accessible voting places and equipment have been violated, you have the right to file a complaint with the United States Department of Justice.
United States Department of Justice
Telephone: 800-514-0301 (toll free)
TTY: 800-514-0383
Web site: http://www.ada.gov/enforce.htm#anchor218282
In Ohio, the Secretary of State receives and reviews complaints of voting rights violations. If you believe that your rights to accessible voting places and equipment have been violated, you have the right to file a complaint with the Secretary of State. Complaints made by U.S. mail should be sent to:
Ohio Secretary of State
Attention: Director of Elections
P.O. Box 2828
Columbus, Ohio 43216
Complaints made in person, by phone, fax or email should be made to:
Ohio Secretary of State, Attention Director of Elections
180 East Broad Street, 15th Floor
Columbus, Ohio 43215
Telephone: 877-767-6446 (toll free, ask for "Elections Division")
or: 614-466-2585 (toll call, ask for "Elections Division")
TTY: 614-466-0562
Fax: 614-752-4360
Contact form: www.sos.state.oh.us/SOS/about/ContactUsAgency.aspx
The Ohio Legal Rights Service (OLRS) is the federally and state designated Protection and Advocacy system for people with disabilities. OLRS was created to protect the rights of Ohioans with disabilities, and that includes protecting the fundamental right to vote. If you experience problems when you register to vote or exercise your right to vote, please contact OLRS. You can call OLRS' Intake toll free telephone line, write to OLRS Intake, or complete an on-line form: Need our Help?
Ohio Legal Rights Service
50 West Broad Street, Suite 1400
Columbus, Ohio 43215-5923
Telephone: 800-282-9181 (statewide toll free) or 614-466-7264 (toll call)
TTY: 800-858-3542 (statewide toll free) or 614-728-2553 (toll call)
FAX: 614-644-1888
Web site: http://olrs.ohio.gov
Ohio Legal Rights Service and this publication are funded in part by grants under the following federal law: Help America Vote Act (HAVA), administered by the U.S. Department of Health and Human Services, Administration for Children and Families.
Ohio Legal Rights Service does not discriminate in provision of service or employment because of race, color, religion, sex, sexual orientation, national origin, military service, disability, or age.