"ASSISTANCE FROM OTHERS You can bring anyone to assist you while you vote or you can get assistance from election judges. You cannot get assistance from your employer or your union. Your assistant can participate in all parts of the voting process. ** Assistants cannot influence how you vote or mark the ballot for you if you cannot communicate to them who you want to vote for. **
SIGN IN ORALLY You have the right to orally confirm who you are and to ask another person to sign for you if you cannot sign your name.
VOTERS UNDER GUARDIANSHIP You can vote while under guardianship unless a judge specifically has taken away your right to vote in a court order. "
My husband and his brother are durable PoAs for their mom (my MIL). She has short-term memory loss and some dementia. As time has passed we realized she has forgotten how to write, including signing her name. She cannot even copy from a word that you write. Last election we got her the absentee ballot and she still knew how to sign her name and could comprehend the election basics, and she read the ballot. I think she still can understand the election basics and still read but this time won't be able to sign her name on the ballot. She is bedridden and frail so taking her outside to vote in the MN winter is not an option. One of her PoAs will get her oral vote and fill out the absentee ballot for her.
Therefore, it may be possible to assist your LO to vote if they can give oral direction and meet any other qualifications required, so check with their state rules. In my state it does not appear you can cast a vote on behalf of another who cannot communicate their choice to you.
In my opinion, if MIL has Dementia she is not competent to make decisions concerning who she wants as president. I would think in this instance a POA filling out her ballot is fraud. I really would check this out with your local voting board.
Ensuring someone's voting rights and legitimately "assisting" someone is okay, but as to the question - can a POA vote on behalf of another - the answer is NO.
"Some powers cannot be given to an agent. Those include: * the power to vote in public elections;" (lawhelp.org)
Morally, absolutely not. If the ballot has to be signed, a POA's signature isn't allowed here in California. The signature has to match the one on file, too, so forging rarely works.
I've worked as a precinct captain for years and watched someone bring in an entire group home of mentally handicapped residents to vote. The woman accompanying them just set them up in front of the machines and did all the voting for them, and there was nothing we could do in spite of it clearly being voter fraud.
After I first placed my mother in a NH, her sample ballot didn't show up at her house. I discovered someone had changed her registration to her NH's address without my knowledge. Under no circumstances is my mother competent to vote, so someone obviously intended to "help" her.
I had a similar experience with my mother. I found an absentee ballot on her table when I went to visit her in AL. She had dementia, so I knew that she had not requested that ballot and neither had I. I found out that an employee of the AL had filed a request for an absentee ballot for her. Since she had little interest in current events and was unlikely to even know the names of the candidates, I suspected that someone at the AL had planned to fill out her ballot for her. I destroyed the ballot and removed her name from the voter roles.
And just a footnote.... my Mom (95) and I live together and have always been on the same page as far as politics go. Right now, she is able to do the absentee ballot for herself with assistance, i.e. showing her wear to sign over the sealed envelope. But if she were not, I would vote for who she would want. IF we had been different politics, I would definitely vote for who SHE would want. Just read your Power of Attorney document as to the specifications listed.
Do the NH not arrange postal votes for their residents? If not you could apply for a postal vote for her. If she has dementia then my personal view - and I emphasise it is personal - is that she should not vote nor should someone else vote for her, as this is like the person doing her voting having two votes. You need to consider her mental capability.
Thanks for asking this question. I have been struggling with it for my mother who is no longer able to make her own decisions. I know her views and who she would want to vote for but am uncomfortable with the legality of it. Especially as this year I am working as a poll worker whose job is to examine and verify voter identification. As much as I want to carry out her wishes I have decided not to.
I think you have to clarify what you mean by "on behalf of". If "on behalf of" you mean to help your mom in the way AnnReid described, then yes, that's legal. If "on behalf of" you mean to request an absentee ballot in mom's name and fill it out on your own with your own preferences, then no.
A POA cannot vote for another person. Actually, no one can vote for another person. A POA CAN request an absentee ballot for the person they're caring for.
Another person can assist someone in filling out an absentee ballot. I even believe you can have someone assist you in casting your ballot in person at a polling location (I'm not 100% cure about that), especially if you have some sort of physical impairment that makes voting difficult, You don't have to be a POA to be allowed to do that. There should be a place to sign on the absentee ballot as "person assisting" or "agent" or some such language that you would sign.
As far as competency is concerned, I'm not aware of any laws requiring a voter to prove mental competency before they are allowed to cast a ballot. Maybe laws such as that differ from state to state, but certainly here in NY I've never heard of anything like that.
Everything you wrong is exactly right, notgoodenough. [I've been an election judge for 12 years in Wyoming though other states may other requirements / restrictions.]
Every resident in a NH votes whether or not they are capable. I experienced this first hand when I worked in a NH. Representatives from the parties send in their reps to collect the voters ballots. I questioned this as to how a resident who is not capable of comprehending who the President is or what day it is can vote? Unfortunately it fell on deaf ears.
I don't think so but she could do a mail in vote if she is able to understand what she is doing and can sign her name.
I thought about the same thing fir my 96 yr old Dad but decided he wouldn't really be understanding any of it even tho he would say go ahead honey and sign for me
Look into your state laws. I can only answer for NC. You are allowed to assist someone if they are blind or need assistance. Your name will be included on the ballot as the assistant. If your mother is not coherent, there is nothing to assist with. Your roll as the assistant to the voter is to read the ballot, and the voter tell you who they vote for, you mark it in for them. If the voter isn’t coherent to tell you who they want, then they are not voting. If you make the decision of who to vote, and mark it in as them, it’s voter fraud.
From https://www.lawhelp.org/dc/resource/frequently-asked-questions-about-general-powe
"Some powers cannot be given to an agent. Those include: * the power to vote in public elections;"
Since not everyone in a facility including NH has cognitive issues, then it is possible for them to request an absentee ballot - you should contact your local authorities to be absolutely sure. Search for your local election office to make inquiries and find out how to request an absentee ballot.
If anyone has cognitive issues, it may depend on how compromised they are, but it is probably best not to go there. When my mother was in the early stages of dementia, we needed to update/add some legal documents. The EC atty took her aside and through questions and discussion determined she was still capable of signing these documents. She likely would have been okay to vote at that time, but I have not assisted her in voting at any time since then and certainly wouldn't now.
No. She can vote for herself if she requests an absentee ballot. It must be signed by her to be valid. Request one from your state election commision (i think). But the deadline is soon.
If she is competent you can assist her with the ballot and there would be a place to fill out saying you were the person who assisted. If she's not competent, you cannot vote for her - that would be like you getting to vote twice and illegal in any state.
Exactly. Assisting someone doesn't mean you make their vote for them, AND doesn't require POA. One thing (there are others) a POA does NOT grant you is the capability to vote FOR the person.
From lawhelp.org: "Some powers cannot be given to an agent. Those include: * the power to vote in public elections;"
One should contact their local election office to ask these kinds of questions. Assisting might include getting an absentee ballot request form for the person, explaining how to fill it out (assumption here is that they are competent enough to do this, and only need a little prompting), having them sign in all appropriate areas, AND signing it yourself as the assistant. You could then take it to the local election office or mail it for the person. Once the actual ballot comes, the same process would be used to complete that and submit it. If someone doesn't really understand current events, or what they are really doing with this ballot, then it probably isn't a good idea to continue.
A few years ago, I might have considered helping my mother this way, but she never asked, so I didn't bother assisting her with voting. She's 97 now, in MC and recently had a stroke. Even before the stroke, I can tell by things she talks about that she is living her life about 40+ years ago. She'd probably want to be voting for Reagan or Kennedy at this point!
Once cognitive declines start, it will be very difficult to determine what they really know/understand about current events and what they really want to do as far as placing a vote, even in the early stages.
Do be very careful treading in these waters. Election fraud, which this would fall under, is a felony. Whether you might be considered guilty or not, do you really want to be charged and then have to defend yourself? Is it worth it?
You should always check directly with your county or state elections office for any voting guidance. period. People posting here are well-intentioned but, honestly, I would not accept any answer you see on the internet, TV, radio or newspaper, including here.
You should verify the rules and regulations with your local elections office for you city before the next election. In my state, you can assist an elderly person with voting but, you can't complete the ballot without the input of the primary voter. Once the ballot is completed, signatures of the voter and the person assisting are required and if the primary voter can't sign, an (X) is accepted. If an elder has dementia, that does not mean they are legally incompetent. Legal incompetency is determined by a court of law. If a court has not found your mother legally incompetent, it may be possible for you to take the ballot to the nursing home and assist her with voting. In November, I plan to do that for my mother who is in assisted living.
My mom has been able to understand what she's voting for, read the ballot and explanations on all choices, ask questions before making her marks, and sign her name. I'm not sure about this year, though, because the virus restrictions have resulted in further cognitive decline. Since I can't sit with her yet and figure out if she knows what she is doing, I will probably not have her vote this year. I would never presume to simply vote on her behalf, to know what she would want, even though she and I have always had the exact same political views. And I do know that she has been in other elections, with dementia, perfectly capable of deciding what she thinks is right, moral, and the best path for people of this country. But what has happened in the last 4 years just might be too much for her to comprehend.
The way you stated it, absolutely not. Voting on "behalf" of another person is voter fraud. In some states, that is a felony. If your mother is competent and able to make her own choices, but needs help filling out the ballot, you may assist her, but it must be her choice, her vote. Call your election board if you have any doubt.
Assist, yes - vote on behalf of, no. If your mother can make a decision as to how she wants to vote and can sign her name on an absentee ballot, you may assist her. Your bio lists Chicago as home. You will need to sign your name and address on the certification envelope. For more complete info check out the following from the Illinois State Board of Elections:
"ASSISTANCE FROM OTHERS You can bring anyone to assist you while you vote or you can get assistance from election judges. You cannot get assistance from your employer or your union. Your assistant can participate in all parts of the voting process. ** Assistants cannot influence how you vote or mark the ballot for you if you cannot communicate to them who you want to vote for. **
SIGN IN ORALLY You have the right to orally confirm who you are and to ask another person to sign for you if you cannot sign your name.
VOTERS UNDER GUARDIANSHIP You can vote while under guardianship unless a judge specifically has taken away your right to vote in a court order. "
(source: https://www.sos.state.mn.us/media/3955/voter-assistance-2020-rev.pdf)
My husband and his brother are durable PoAs for their mom (my MIL). She has short-term memory loss and some dementia. As time has passed we realized she has forgotten how to write, including signing her name. She cannot even copy from a word that you write. Last election we got her the absentee ballot and she still knew how to sign her name and could comprehend the election basics, and she read the ballot. I think she still can understand the election basics and still read but this time won't be able to sign her name on the ballot. She is bedridden and frail so taking her outside to vote in the MN winter is not an option. One of her PoAs will get her oral vote and fill out the absentee ballot for her.
Therefore, it may be possible to assist your LO to vote if they can give oral direction and meet any other qualifications required, so check with their state rules. In my state it does not appear you can cast a vote on behalf of another who cannot communicate their choice to you.
As POA I would feel comfortable asking my LO if she WANTED to vote. If she said yes, I would ask her if she wanted my help with a paper ballot.
I would tell her the names of the candidates and if she expressed a preference, I would help her mark her ballot as she wished, and return it for her.
I would not attempt IN ANY WAY to influence her vote. If she failed to respond at any step in the process, I’d stop.
State and federal laws protect the voting rights of citizens. In my state, voting rights can only be denied by the intervention of the court.
"Some powers cannot be given to an agent. Those include:
* the power to vote in public elections;" (lawhelp.org)
I've worked as a precinct captain for years and watched someone bring in an entire group home of mentally handicapped residents to vote. The woman accompanying them just set them up in front of the machines and did all the voting for them, and there was nothing we could do in spite of it clearly being voter fraud.
After I first placed my mother in a NH, her sample ballot didn't show up at her house. I discovered someone had changed her registration to her NH's address without my knowledge. Under no circumstances is my mother competent to vote, so someone obviously intended to "help" her.
A POA cannot vote for another person. Actually, no one can vote for another person. A POA CAN request an absentee ballot for the person they're caring for.
Another person can assist someone in filling out an absentee ballot. I even believe you can have someone assist you in casting your ballot in person at a polling location (I'm not 100% cure about that), especially if you have some sort of physical impairment that makes voting difficult, You don't have to be a POA to be allowed to do that. There should be a place to sign on the absentee ballot as "person assisting" or "agent" or some such language that you would sign.
As far as competency is concerned, I'm not aware of any laws requiring a voter to prove mental competency before they are allowed to cast a ballot. Maybe laws such as that differ from state to state, but certainly here in NY I've never heard of anything like that.
I thought about the same thing fir my 96 yr old Dad but decided he wouldn't really be understanding any of it even tho he would say go ahead honey and sign for me
"Some powers cannot be given to an agent. Those include:
* the power to vote in public elections;"
Since not everyone in a facility including NH has cognitive issues, then it is possible for them to request an absentee ballot - you should contact your local authorities to be absolutely sure. Search for your local election office to make inquiries and find out how to request an absentee ballot.
If anyone has cognitive issues, it may depend on how compromised they are, but it is probably best not to go there. When my mother was in the early stages of dementia, we needed to update/add some legal documents. The EC atty took her aside and through questions and discussion determined she was still capable of signing these documents. She likely would have been okay to vote at that time, but I have not assisted her in voting at any time since then and certainly wouldn't now.
From lawhelp.org:
"Some powers cannot be given to an agent. Those include:
* the power to vote in public elections;"
One should contact their local election office to ask these kinds of questions. Assisting might include getting an absentee ballot request form for the person, explaining how to fill it out (assumption here is that they are competent enough to do this, and only need a little prompting), having them sign in all appropriate areas, AND signing it yourself as the assistant. You could then take it to the local election office or mail it for the person. Once the actual ballot comes, the same process would be used to complete that and submit it. If someone doesn't really understand current events, or what they are really doing with this ballot, then it probably isn't a good idea to continue.
A few years ago, I might have considered helping my mother this way, but she never asked, so I didn't bother assisting her with voting. She's 97 now, in MC and recently had a stroke. Even before the stroke, I can tell by things she talks about that she is living her life about 40+ years ago. She'd probably want to be voting for Reagan or Kennedy at this point!
Once cognitive declines start, it will be very difficult to determine what they really know/understand about current events and what they really want to do as far as placing a vote, even in the early stages.
Do be very careful treading in these waters. Election fraud, which this would fall under, is a felony. Whether you might be considered guilty or not, do you really want to be charged and then have to defend yourself? Is it worth it?
People posting here are well-intentioned but, honestly, I would not accept any answer you see on the internet, TV, radio or newspaper, including here.
Only just saw this - it's a bit much for me to comprehend, and I don't have dementia!
https://www.elections.il.gov/DocDisplay.aspx?Doc=Downloads/ElectionOperations/PDF/VoteByMail.pdf