Living in a Long-Term Care Facility Does Not Take Away a Resident’s Right to Vote

By Marianne Johnston, Esq.

The right to vote is a fundamental Constitutional right.  A person does not lose that right because they become a resident of a nursing home or assisted living facility.  In New Jersey, a person is presumed capable of voting unless a court has adjudicated that the resident lacks the capacity to understand the act of voting.  One may have a court-appointed guardian and still retain the right to vote.  Pennsylvania has no constitutional limitation on voting due to capacity.

Having a dementia diagnosis does not take away a person’s right to vote.  People with dementia with the legal right to vote may find themselves disenfranchised by professional or family caregivers who decide the individual is not capable of making “good” decisions.  The law does not care about the quality of a person’s voting decisions.  People have countless different reasons for why they vote for someone.  Long-term care facility residents are no different.  A resident may voice a reason for their voting choice that another may not believe is a “good” reason.  Only the resident’s belief is relevant.  In short, if someone can express a choice, they can vote.

This year, the New Jersey Long-Term Care Ombudsman has published the following tips for Long-Term Care Facilities:

• Designate staff members who will help residents vote. Activity directors, social workers, van drivers, managers, and administrators can all play a part.
• Talk to residents about their voting options and how the facility can help. Inform families about your plans as well.
• Assess residents’ needs and wants. Try to identify residents who are not registered or who may need ID and help address those issues early. Some residents may need help completing vote-by-mail ballots. Others may need assistance to vote in person.
• Keep residents informed about deadlines and key dates as they approach. Put the dates on activity calendars during the months leading up to Election Day.

The right to vote is a sacred privilege of American citizens and should be available to residents of long-term care facilities if they are able to express a choice.

For more information on assisting cognitively impaired individuals with voting see a guide prepared by the Penn Memory Center and the American Bar Association on Law and Aging at https://www.americanbar.org/content/dam/aba/administrative/law_aging/2020-voting-guide.pdf