Voting Rights for West Virginians with Mental and Developmental Disabilities

Voting Rights Brochure (PDF)

Voting Rights Brochure (Large Print, PDF)

PAVA

PAVA is Protection and Advocacy for Voting Access. The Help America Vote Act authorizes the West Virginia Advocates PAVA program to "ensure the full participation in the electoral process for individuals with disabilities."

Why Vote?

YOUR Vote Counts!

YOUR Vote may help decide who will speak for YOU.

YOUR Vote may help elect people who decide on the rights, funding, programs, services and supports YOU need.

If you need help:

Contact your County Commission, County Clerk, or the West Virginia Secretary of State’s Office.

1-866-SOS-VOTE

1-866-767-8683

Website: wvsos.com

Contact Us If You Need Help or More Information

West Virginia Advocates 1207 Quarrier St Ste 400 Charleston, WV 25301

Toll Free, Voice/TDD: 1-800-950-5250

Phone, Voice/TDD: (304) 346-0847

Fax: (304) 346-0867

E-mail: contact@wvadvocates.org

Or visit our website: wvadvocates.org

Who Can Vote?

Does my disability affect my right to vote?

In West Virginia, citizens over 18 years of age are guaranteed the right to vote unless that right has been taken from them through a legal proceeding, or they are deemed "mentally incompetent." Mental incompetency, for the purposes of voting, is something that can ONLY be determined by a judge in a guardianship hearing.

Therefore, the following disability related situations do not, in any way, affect your ability to vote:

• Voluntary Commitment
• Involuntary Commitment
• Receiving MR/DD Waiver
• Receiving A/D Waiver
• Receiving SSI or SSDI
• Having a Living Will
• Having a designated payee for Social Security or other benefits
• Giving someone your Power of Attorney (medical or general)
• Having a Surrogate Decision-maker

When do I lose my right to vote and what do I do about it?

A person can ONLY lose their right to vote when placed under Guardianship (being declared a "protected person") and one of the following occurs:

The document saying one is under Guardianship, which is called an "Order of Appointment," specifically states that the person is "mentally incompetent," or

The document saying one is under Guardianship specifically states that the person’s right to vote has been taken away.

If you are denied the opportunity to vote at your polling place for any reason related to your disability, other than the two reasons previously listed, insist that you be allowed to vote a contested ballot. After doing so, please contact your County Clerk, the WV Secretary of State, or WV Advocates to get assistance in making sure your vote is counted.

In addition, please contact WV Advocates if any disability related issues occur with your ability to register to vote, or if you would like further assistance on this issue.

Funding for this publication is provided by the U.S. Department of Health and Human Services, Administration on Developmental Disabilities. Alternative formats are available upon request, call (800) 950-5250

West Virginia Advocates

800-950-5250

wvadvocates.org

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