Disabled Voters’ Rights At The Polls

Find Disability Rights of West Virginia’s polling place accessibility survey here.

Disabled voters have specific rights to access polling places — but not all voters are familiar with those rights, and not all polling places are equally accessible.

“If you are a disabled voter, you have the right to an accessible polling place in the same precinct where you are registered,” Keeley Wildman, an Advocate at Disability Rights of West Virginia, said.

Wildman said rights include voting curbside if a polling place is physically inaccessible, the right to voting inside if it is physically accessible, the right to help from any designated person, the right to cast your vote privately if desired, the right to a service animal in the polling place and the right to an accessible voting machine.

During election season, Disability Rights is conducting an accessibility survey that is available online or by mail, which voters can request at (304) 346-0847.

“Hearing from voters who experience issues at polling places, having those personal reports is incredibly important to making changes and getting those accessibility issues corrected,” Wildman said.

Disability Rights of West Virginia is hosting a polling place accessibility survey this election season, after working to educate poll workers and compile past accessibility reports, evaluating past noncompliance at different county precincts.

Disability Rights has previously conducted county-by-county accessibility reports of physical polling places throughout the state, which have found issues like uneven paths into the polling place or misplaced signage.

For those with intellectual or developmental disabilities, Wildman said it is “very likely” individuals under guardianship are still eligible to vote despite “stigma and confusion.” Referencing state code, West Virginians are eligible to vote if they are a resident of their county, are not currently serving time for a felony, are not declared mentally incompetent by a court and are over 18.

Disability Rights Legal Director Mike Folio wrote to WVPB that the organization has also helped 140 individuals with disabilities register to vote from Oct. 1, 2023 to Oct. 28, 2024.

If voters need immediate help accessing polls on election day, they should contact their local county clerk or call the Secretary of State’s office at (304) 558-6000.

They should also record violations with Disability Rights either by email at contact@drofwv.org or by phone at (304) 346-0847, although it will not be staffed for urgent assistance. Voters can also call the ACLU of WV’s voter protection hotline at (304) 712-4640, which will be available Saturday 9 a.m. to 5 p.m. and Tuesday 7:30 a.m. to the close of polls.