Understand your right to vote under legal guardianship

People with disabilities sometimes face challenges to their right to vote, particularly if they are under guardianship. In 2020, over 38 million eligible voters had disabilities, but the number under guardianship is unclear.

Guardianship grants legal responsibility to someone, allowing them to make decisions on behalf of the person under guardianship, but they cannot dictate voting choices. In Minnesota, individuals under guardianship retain the right to vote unless specifically restricted by a court order.

Challenges may arise when guardians or family members disagree with the voter's political choices, but the right to vote can only be restricted by a court under extreme circumstances. Election judges play a crucial role in preventing improper influence, asking whether helpers are assisting or influencing voters with disabilities.

Residents of residential facilities can vote through designated agents, and vouching by facility staff can be used as proof of residence. A certified staff list provided in advance helps streamline the process, ensuring eligible residents can exercise their right to vote.

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