Voting in Institutions

Institutions may include: nursing homes, state institutions for people with developmental or psychiatric disabilities, locked psychiatric facilities, group homes, assisted living, veterans’ homes, jails or prisons

Unless legally determined ineligible to vote, people in institutions have the same right to vote as everyone else. Exceptions may include people incarcerated for felony convictions, or people whose court-ordered guardianship prevents them from voting

Eligible voters living in institutions should be able to:

  • get information about voting, elections, and options for voting;
  • vote at a polling place unless prohibited by the terms of their commitment
  • vote absentee/vote by mail
  • get help with the voting process

Read more about Voting Rights of Institutionalized People with Disabilities from the National Disability Rights Network.

NOTE: If you have any questions, call the Secretary of State’s office at (617) 727-2828. They typically answer the phone quickly and can answer your questions quickly. They are also willing to send Vote by Mail applications and Voter Registration forms to long-term care facilities if they need more.

If you feel your right to vote has been violated in any way, call then Elections Division at 1-800-462-VOTE / 1-800-462-8683 or elections@sec.state.ma.us.

In addition, you can call your local elections office/town clerk with questions.

Thank you to Brianna Zimmerman, former Systems Change Advocate at Stavros CIL, for this compilation! Download FAQ on Voting in Long Term Care Facilities.

Frequently Asked Questions

Can I get an example of an electronic ballot to show activities staff/social workers/residents?

It looks like it is not possible to see what an electronic ballot will look like before receiving one. However, you will be able to see a sample of what will be on your election ballot by visiting the state’s Where Do I Vote page.

Absentee vs. mail-in ballots: Who needs an emergency absentee ballot vs a mail-in ballot, particularly in a rehabilitation facility?

You should fill out an absentee ballot application rather than vote by mail application IF:

  • You are a US citizen residing overseas
  • You are on active military duty
  • You are currently incarcerated for a reason other than felony conviction
  • You are requesting an emergency ballot due to hospitalization/being admitted to a healthcare facility (rehabilitation facilities are healthcare facilities).
    • If admitted to a healthcare facility within 1 WEEK of the election, you can use the absentee ballot application to designate someone of your choice to deliver a ballot to you. This same person will need to bring the signed application to your local election office, pick up your absentee ballot, bring it to you, and return it for you by the close of the polls on election day. Emergency ballots can be requested up until the close of the polls.

How and when would you need to switch someone’s voter registration to the address of a nursing home/long-term facility?

In sum, it is up to the resident if they want to change their registration address. Some people staying short term may not want to update their address since they are only at the facility for a short time, and others staying long term may have someone such as a family member, friend, or spouse bringing mail to them.

  • The first step is to check voter registration status and information here.
    • If residents have the last 4 digits of their SSN and last address they were registered to vote at this should be relatively easy. You can check registration status .
    • If a facility needs a list of residents registered to vote at their address, they should contact their local town/city elections office. Review the list of these offices .
  • Long-term residents who are new voters need to fill out a voter registration application. If they have a license or State ID they can register online. If they do not, they can register by mail or in person.
  • Residents can fill out their address either as the facility’s address, OR if they have someone at home to get and deliver their mail to them they can register at their home address,  if they are more comfortable with this.
  • If people are registered at their previous address and do not want to update their voter registration to reflect the facility’s address, they should write the address they are registered at, regardless of whether they want their ballot delivered to this address, at the top of the Vote by Mail application. If they have someone who can bring them their mail-in ballot and mail it for them and they feel most comfortable doing this, they can also choose to have their ballot sent to this address.  
  • If they do not have access to their mail from home/their previous address, they can choose to have their ballot mailed to the nursing home or rehab facility they are currently staying at, regardless of whether they are registered at the facility’s address. According to the Secretary of State Office, voting by mail is recommended because no proof of excuse is required. (SOURCE: Spoke to the Secretary of State office.)

I need more information on voting rights of people with an intellectual disability – Who can or cannot vote?

Note that people with disabilities, including intellectual/cognitive disabilities have the right to vote in MA and if they express interest in doing so they have the right to vote (with some exceptions for people with guardians). Unless a guardianship specifically prohibits the person under guardianship from voting, you can register and vote.  FYI: Guardianships which prohibit voting are uncommon.

SOURCE: Here is the Voters’ Bill of Rights from the Secretary of State’s office website.