March 16, 2026
Submitted via regulations.gov
U.S. Election Assistance Commission
633 3rd Street NW
Suite 200, Washington, DC 20001
Re: 2026 Election Administration and Voting Survey
The American Association of People with Disabilities and the undersigned organizations appreciate the opportunity to comment on the 2026 Election Administration Policy Survey. There are more than 40 million eligible voters with disabilities, and according to research from the Election Assistance Commission (EAC), disabled voters are three times more likely to face difficulties casting a ballot than nondisabled voters. The focus of our comments is on improving understanding of election policies that impact voters with disabilities.
First, we want to applaud the U.S. Election Assistance Commission for using plain language to write the instructions for the 2026 survey. Plain language will make the survey more accessible and improve the accuracy of results by ensuring it is interpreted correctly across states. We were also grateful to see changes made based on our comments to the 2024 survey, including adding “Access Audits” to the list of audits in Q48.
There are more than 40.2 million eligible voters with disabilities in the U.S., representing nearly one-sixth of the total eligible voting population. Research from the Election Assistance Commission (EAC) has found that disabled voters are three times more likely to face difficulties casting a ballot than nondisabled voters. The Election Administration Policy Survey presents an important opportunity for us to learn how disabled voters are impacted by state policies and procedures. As such, we suggest edits to the following questions to improve our understanding of election policy impacts on disabled voters:
Voter Registration and List Maintenance
Q17 addresses voter eligibility of people declared “mentally incompetent.” According to recent research from the Center for American Progress, the language around capacity to vote differs widely across states. The impact of guardianship or conservatorships on voting rights also varies widely, with at least seven states fully removing the right to vote from those placed under guardianship. Other states require a case by case determination on capacity to vote. Some states require people subject to guardianship to undergo a legal process to “demonstrate capacity” and restore their right to vote. This is a significant policy issue impacting more than 1.3 million adults. We recommend revising the question to better capture the specific policies of the state by adding a “select all that apply” answer structure.
Suggested revision Q17: In your state, does a court determination of mental incompetence or placement under guardianship affect a person’s eligibility to vote? (Select all that apply).
- A court finding of “mental incompetence,” “not of sound mind,” results in automatic loss of voting rights
- A court finding of mental incompetence may result in the loss of voting rights, but it must be specifically named in the court order
- Placement under full guardianship or conservatorship based on lack of capacity results in automatic loss of voting rights
- Placement under full guardianship conservatorship based on lack of capacity may result in loss of voting rights, but must be specifically named in the court order
- Voting rights are not affected by a finding of mental incompetence
- Voting rights are not affected by guardianship or conservatorship status
- Other (please describe): ________
Additionally, we recommend adding a subquestion to capture whether court findings or guardianship orders impacting voter eligibility are permanent.
Q17a. If voting rights can be lost due to court orders about mental incompetence or guardianship/conservatorship in your state, can those voting rights be restored?
- Yes, voting rights are automatically restored if the finding of incompetence is reversed or if guardianship/conservatorship is terminated
- Yes, but only if the individual petitions the court
- Yes, but restoration is up to individual court decisions and is not guaranteed
- No, voting rights cannot be restored after a finding of mental incompetence or placement under guardianship/conservatorship
Mail Voting
Q22-30 captures policies and procedures around voting by mail. In 2020, over half of disabled voters cast their ballot via mail. States that allow for easier access to vote by mail, such as permanent absentee voter lists and universal mail voting, saw voter turnout increases among disabled voters. Thus, accurate information around mail voting is crucial to understanding the experiences of disabled voters.
However, many states have enacted laws requiring photo identification to request a ballot to vote by mail, something many voters with disabilities do not have readily available.
After Q22, which addresses if an excuse is required to vote by mail, we recommend adding the question: “Will an ID be required to apply for mail (absentee) voting?” Additionally, we recommend including subquestion to ask in what format the ID is needed, i.e. ID information, such as the number from an unexpired license or state ID card, or a photo copy image of the front and back of an ID.
Q24 collects information on drop boxes. We recommend adding a subquestion to determine who is eligible to return a ballot to a drop box. Is the voter required to place their ballot in the drop box or can a person of their choosing assist them? For many people with disabilities, a drop box may not be accessible to them. People with disabilities have the right to receive assistance in all parts of the voting process, however, many states have set laws around who can assist voters and how many voters a person can assist. It is crucial to capture this information to best understand the landscape disabled voters face.
In-Person Voting
Q33c asks about what topics are included in poll worker training. Polling place accessibility continues to be a barrier to disabled voters. In 2024, local nonprofit Detroit Disability Power evaluated 294 polling places in Metro Detroit and found that only 13% were fully accessible. In Virginia, a survey by the disAbility Law Center of Virginia during the 2024 general election found that 10% of polling places lacked clear signage for curbside voting, 18% lacked accessible parking, only 78% had accessible voting machines, and of those, only 69% had poll workers trained to use them.
If polling place accessibility is more explicitly covered in poll worker training and in polling place procedures, voting barriers can be prevented. We recommend adding “Procedures for setting up and checking polling place accessibility” to the list of topics. Including this topic would help encourage election administrators to improve preparation and training around polling place accessibility.
Q34 addresses curbside voting. The question defines curbside voting in the following way: “Curbside voting allows voters who are physically unable to enter their voting location to cast their ballot in-person outside the voting location.” We recommend improving the accuracy of this definition by removing the language “voters who are physically unable to enter their voting location” and instead using “eligible voters.” The corrected sentence would read: “Curbside voting allows eligible voters to cast their ballot in-person outside the voting location.” The language “physically unable” could be vague, misleading, and may not match all state laws or capture all reasons while a voter with a disability may need to vote curbside.
Additionally, we recommend including a question to capture information about how curbside voting is facilitated. We recommend including a “Select all that apply” list including the options:
- A phone number is posted outside the polling place for a voter to call and request curbside assistance
- A poll worker is stationed outside to monitor curbside voting requests
- A doorbell or call button is placed outside
- Curbside voting appointments can be scheduled in advance by calling the board of elections.
Voter Identification
States vary widely in the type of photo documentation they require and laws around this policy have changed a lot in recent years. We recommend adding a subquestion to Q49 using a “Select all that apply” format to ask what types of photo IDs are accepted.
Additional Recommendations
Finally, we recommend the addition of several new questions to improve information about voting for people with disabilities.
- What are the policies and practices for voting from a congregate living setting (i.e. group home, nursing home, state operated developmental center, psychiatric hospital, etc.)?
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- What are the policies and practices for voting options in times of emergency?
For example, people who have experienced unexpected hospitalizations or who are experiencing a natural disaster.
- What are the policies and practices for voting options in times of emergency?
- What are the policies in your state around voter assistance, beyond the assistance provided by poll workers?
The question should take into account, and collect information on, settings where the rules around voter assistance may differ, such as nursing homes.
Thank you for collecting this valuable information and for the opportunity to weigh in on the 2026 Election Administration Policy Survey. For more information, please contact Alexia Kemerling, akemerling@aapd.com.
Sincerely,
Access Ready
American Association of People with Disabilities
Association of Programs for Rural Independent Living (APRIL)
The Arc of the US
Center for Public Representation
Disability Rights Education and Defense Fund
National Disability Rights Network
Paralyzed Veterans of America