A legal question and answer line for Seniors.

DEAR SENIOR LEGAL LINE:

I had to move to a nursing home and will not be able to return home due to my health. I need to use a wheelchair to get around, but my mind is clear. I have a history of voting in every election, but I worry that I will not be able to get to the polls and that I won't be able to vote. I want to ensure that I am able to vote in the upcoming election. Also, is there any reason that I couldn't vote if I am a resident of a nursing home?

Signed, Ned

DEAR NED:

I commend you for voting in every election and encourage everyone to do the same. Federal and state laws protect the voting rights of older voters and people with disabilities, to help ensure that everyone who is eligible to vote has the opportunity to do so. I know of no reason why a nursing home resident would not be eligible to vote, solely on the basis of living in a nursing home.

Minnesota law states that anyone who is 18 years of age or older, a citizen of the United States, and has maintained a residence in Minnesota for the 20 days immediately before an election is eligible to vote. See Minn. Stat. § 201.014 subd.1. There are only three reasons why a person would not be eligible to vote in Minnesota. If you have been convicted of treason or a felony and your civil rights have not been restored; you are under a guardianship which specifically revokes your right to vote; or you have been found to be legally incompetent by a court of law. See Minn. Stat. § 201.014 subd 2. The last reason is important to stress; no one other than a court can deem you to be incompetent and keep you from voting. Thus, in my legal opinion, family members or others taking care of elderly folks cannot keep them from voting, even if they think the elderly person is experiencing some dementia.

I think everyone and the laws are trying to do their best to ensure that everyone can vote. One of the most recent laws is the Help America Vote Act

(HAVA) 42 USC § 15301-15545. HAVA explicitly requires that people with disabilities be provided "the same opportunity for access and participation (including privacy and independence) as other voters". Furthermore, if a voter cannot get to the polling place, federal and state laws allow the voter to submit an Absentee Ballot. This may be the best option for residents in nursing homes who cannot get to the polls. Specifically, in your case, you would be allowed to vote by Absentee Ballot because your disability keeps you from getting to your polling place on Election Day. You can either go to your County Auditor's office or the City/Township Clerk's office 30 days prior to the election day and vote by Absentee Ballot in person; or, you can apply for an Absentee Ballot through the mail. The Absentee Ballot application must be completed and sent to your County Auditor by mail or fax. The ballot will be sent to you after they receive the application. You must return your completed Absentee Ballot to your precinct before the polls close on Election Day or your vote will not be counted.

If you do not feel up to getting the Absentee Ballot application and/or delivering your completed Ballot, residents in a nursing home or patients in a hospital can authorize a person to pick up and return an Absentee Ballot for them. To do so, the voter must fill out a form called "Agent Delivery Designation Form", along with the Absentee Ballot application. The person you name to help you can bring both forms to the County Auditor or City Clerk. They'll pick up the ballot and bring it back to you. Please note, however, that you have to wait until 7 days prior to an election to use an authorized person/agent method. Furthermore, it is my understanding that these ballots can be picked up until 2:00 P.M. on Election Day and that the voted ballots must be returned by 3:00 P.M. on Election Day.

For more details and forms visit the Minnesota Secretary of State's website at www.sos.state.mn.us, or call your local County Auditor's or City/Township Clerk's office.

Furthermore, you may ask your local Auditor's or Clerk's office to send election judges to your nursing home during the 20 days before the election to distribute Absentee Ballots and to help in Absentee Balloting.

If you can make it to the polls, and need assistance to vote due to your disability, federal law states that you can choose somebody to help you vote. Minnesota law goes further and states that you can choose anyone as long as the person is not a candidate on the ballot. I encourage you to contact the County Auditor or your City/Township Clerk with your questions. Do not rely on this article for complete information. Voting is fundamental to democracy and just because you reside in a nursing home and/or have disabilities, does not mean you lose your right to vote. Our laws are designed and are ever evolving to help ensure that people in your situation continue to have access to vote.

This column is written by the Senior Citizens' Law Project. It is not meant to give complete answers to individual questions. If you are 60 years of age or older and live within the Minnesota Arrowhead Region, you may contact us with questions for legal help by writing to: Senior Citizens' Law Project, Legal Aid Service of Northeastern Minnesota, 302 Ordean Bldg., Duluth, MN 55802. Please include a phone number and return address. To view previous articles, go to:www.lasnem.org. Reprints by permission only.