Brian Dimmick, Senior Staff Attorney, Disability Rights Program, ACLU

Aaron Madrid Aksoz, Media and Engagement Strategist, ACLU

People with disabilities have long faced some of the greatest barriers to voting in our elections. From inaccessible polling places and a lack of working accessible voting machines to onerous restrictions on absentee voting, our right to the ballot has often been ignored or forgotten.

In 2020, over 11 percent of voters with disabilities reported that they faced some type of difficulty casting a ballot — more than any other group and despite expanded access to mail-in voting due to the pandemic. But instead of embracing the more accessible forms of voting that sparked record turnout, including among voters with disabilities, states have doubled down on new and more restrictive voter suppression laws.

In 2021 alone, more than 400 anti-voter measures were introduced by states across the country, many of which are most burdensome to people of color and voters with disabilities. These measures run the gamut from restricting access to absentee voting, eliminating Election Day registration, and making it more difficult to vote early in person, to criminalizing the act of assisting voters with disabilities to vote. We’re challenging some of the measures that have become law in court in Georgia and Texas, where egregious restrictions illegally burden the right to vote for people with disabilities.

Whether you choose to vote in person early or on Election Day, or vote absentee, you’ll have to navigate a complex web of state and local election rules and deadlines regarding voter registration, absentee ballots, and fixing or “curing” a ballot that was rejected, often due to missing or incorrect information.

This election season, we’re fighting back against voter suppression and urging all Americans to vote for their values and fight for their rights.

For voters with disabilities, we’re making sure you know your rights and can find resources about how to vote, including voting absentee and curing a ballot if it’s rejected.


Register to Vote or Check Your Registration

Vote.gov helps you quickly register to vote if you haven’t already. Register early, as some states require you to register to vote 30 days or more before an election.

If you’re already registered, double check that your registration, including current address, is up to date.


Request an Absentee Ballot

All U.S. states and Washington, D.C. permit people with an illness or disability to vote absentee, allowing you to mail in your ballot or drop it off at a drop box or polling location.

Similar to voter registration, each state has its own set of deadlines and rules for voting absentee. Check out the deadlines here on Vote.org. Some states require you to complete an application in order to receive an absentee ballot, and the deadline to apply may be as early as two weeks before the election. New voter suppression laws may require you to provide proof of ID to request an absentee ballot.

An absentee ballot.

An absentee ballot from the Wayne County Board of Elections.

Hannah Schoenbaum/ AP Photo

You can find information about how to request an absentee ballot in your state using this tool from the National Association of Secretaries of State. Pick your state from the drop down menu and it will open a page or document with instructions on how to request an absentee ballot.

VoteAmerica, Vote.org, and the Election Protection Hotline have additional resources and information.


Cast Your Ballot, and Make Sure It’s Counted

If you plan to vote in person or return your absentee ballot in a drop box, locate your polling place or drop box. Many states do not allow you to vote in person at a location that is not designated as your assigned precinct. Check to see if your state requires an ID to vote in person.

If you plan to submit your ballot by mail, send it at least a week before the election to be sure it arrives by Election Day. Your absentee ballot will likely require you to sign the ballot and/or ballot envelope, and may require one or more witnesses to sign as well. Your ballot will be rejected if the signature is missing

Once your ballot is in, use your state’s ballot tracker to see if it’s been counted. Ballots may be rejected if there is a missing signature on the ballot envelope or a discrepancy in the signature matching process, or if your voter file is missing identifying information like your social security number or driver’s license number. One in eight mail-in ballots were rejected in the Texas primary earlier this year, so make sure your voter file is up to date with all the required information.

If your ballot is rejected, 24 states will allow you to correct your ballot in a process known as “curing.” These states are required to notify you via mail, phone, or email, that your ballot has been rejected and you need to correct it.

Most states will notify you within days of the election if your ballot has been rejected, and you will be given between 3 days and two weeks to prove your identity for your ballot to be counted.


Know Your Rights at the Polling Place

Federal law, including the Americans with Disabilities Act and Voting Rights Act, require election workers to:

  • Make polling places fully accessible to voters with disabilities.
  • Have at least one voting system at each polling place that allows people with disabilities to vote privately and independently.
  • Allow voters with disabilities to receive in-person help at the polls (except from an agent of your employer or union).
  • Make other reasonable accommodations if possible for them to do so.

Read more about your rights as a voter with a disability here.


Get Help if You Need It

If you need more information about voting, or want to report voter suppression or intimidation, contact the Election Protection Hotline at 866-OUR-VOTE (866-687-8683).

Date

Wednesday, October 26, 2022 - 3:15pm

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Gillian Branstetter, Communications Strategist

Among the many responsibilities that come with raising a child, standing in a federal courtroom and defending your child’s constitutional rights isn’t likely what most parents plan for. But in a federal courthouse in Little Rock this week, a historic trial against Arkansas’ ban on gender-affirming care brought four families together to defend the rights and well-being of their transgender adolescent children.

The first in a two-part trial, the week-long hearing in Brandt v. Rutledge focused first on the safety and efficacy of gender-affirming health care: an individualized, evidence-based approach to reducing gender dysphoria that can include counseling, hormone therapy, and, in some more exceptional cases for adolescents, top surgery. Experts with decades of research and practice told the court about widely accepted treatment protocols that are supported across the medical community — including by endocrinologists, pediatricians, general practitioners, and bioethicists, among others.

The court also heard from two providers who’ve worked with transgender youth in Arkansas: Dr. Michele Hutchison and Dr. Kathleen Stambough, the former and current medical directors of the Gender Spectrum Clinic at Arkansas Children’s Hospital. In the language of professionals quite used to describing complex medical concepts to children, the doctors explained to the court the careful balance they and families strike when making decisions about a child’s medical needs related to gender dysphoria, weighing carefully the risks and benefits of treatment for each individual child’s current and future well-being.

They also spoke about the impact of the law banning this widely accepted treatment. Dr. Hutchison — who testified against the bill in the Arkansas General Assembly — noted four of her own patients were hospitalized for suicide attempts shortly after the bill was introduced, and anxiety scores of patients being seen at the clinic climbed from 40 percent to 60 percent in the wake of the bill’s introduction. Even after the law was blocked by a preliminary injunction, Dr. Stambough explained that the clinic was forced to decline medically-necessary care like puberty blockers and hormone replacement therapy (HRT) in anticipation of the law potentially going into effect at some point in the future.

Fundamentally, however, this trial was about the constitutional and civil rights of the parents and transgender youth impacted by Act 626, an Arkansas law banning this evidence-based medicine passed in 2021 and currently blocked by a federal injunction. Four parents — Donnie Ray Saxton, Aaron Jennen, Amanda Dennis, and Joanna Brandt — took the stand to share their experience of watching their children suffer from dysphoria, come out as transgender, and flourish with the help of medical providers who prescribed treatment the state they are proud to call home now seeks to ban.

Donnie Ray Saxton, who operates a plumbing business while raising his five children, spoke about the confidence his 17-year-old transgender son Parker gained after starting testosterone treatment.

“We’re a family, and we’re not a family without Parker,” Donnie told the court. “We’d have to pick up and leave if this took effect. This is home. Our small town transitioned with us.” Asked what would happen if Parker could no longer access this care, Donnie replied tersely, “I’m not going to think about that.”

Aaron Jennen, a government attorney and father of 17-year-old Sabrina, described his transgender daughter as “smart, gifted, beautiful.. [she] easily has the most envied hair in the courtroom.” Sabrina, who has struggled with depression, anxiety, and a noted lack of confidence, now proudly shares selfies and “even put her name in the hat to be homecoming queen.”

Denying Sabrina this care is simply not an option, said Aaron. Through tears, he stared across the courtroom at his daughter sitting in the gallery. “I promise you,” he said emphatically, “that will not happen.”

The Brandt, Jennen, and Saxton families.

Left to right: the Brandt, Jennen, and Saxton families.

Credit: Gillian Brandstetter

Amanda Dennis, an advertising technology specialist and mother of 10-year-old Brooke, said her young transgender daughter “was one of the most incredible humans I know.” While Brooke is too young for any endocrine treatments for her gender dysphoria, she is already wary of the coming effects of puberty; she sees her older brother growing taller and his Adam’s apple becoming more prominent, and is growing more and more anxious, leaving Amanda gravely distressed her daughter may be forced to undergo her endogenous puberty with the potential irreversible changes that come with it.

“I’ve always promised all of my children that we will care for you,” said Amanda. “It fills me with so much sorrow that this would happen where I live.”

Joanna Brandt took the stand and spoke of her 17-year-old transgender son Dylan, who began testosterone in 2020.

“His capacity for empathy for others — but more importantly for himself — has been remarkable,” said Joanna. “Dylan is the most emotionally intelligent person I know. The kid that Dylan was [before transitioning] would not be in this courtroom today. It is because of this care he is able to fight for himself.”

And fight he did. Dylan Brandt took the stand as the lone transgender person to testify in any of the hearings. Calmly and stoically, he told the court of his experiences with dysphoria, his family’s “right off the bat” acceptance when he came out, and the relief gender-affirming care has brought him.

“The thought of going back is just not an option,” said Dylan. “We’d probably have to leave the state. I have a job, my mom has a business. I still have a year and a half of high school left. Being pushed out of the place I’ve lived my entire life is hard.”

The last person called to the stand by the plaintiffs challenging this ban, Dylan was asked by ACLU attorney Chase Strangio how he would sum up the way his treatment made him feel. Leaning into the mic, he said “hopeful.”

Learn more about the families involved in Brandt v. Rutledge below:

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Friday, October 21, 2022 - 1:00pm

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Dylan Brandt and his mother Joanna.

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"Being pushed out of the place I've live my entire life is hard," our client Dylan Brandt bravely testified in Little Rock this week.

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