The Wisconsin Disability Vote Coalition on April 11 issued a statement regarding voting rights of Wisconsin residents in care facilities.
Read the full accessible statement here (PDF).
For Immediate Release: April 11, 2024
Contact: Lisa Hassenstab, lisah@drwi.org, 608-308-2639
In Wisconsin, approximately 17,500 individuals reside in nursing homes [1]; thousands more reside in adult family homes (AFHs), community-based residential facilities (CBRFs), and residential care apartment complexes (RCACs). The voting rights of these residents are no different than any other Wisconsinite: every person eligible to vote in Wisconsin, regardless of their living situation, maintains that eligibility unless a court determines they are not legally competent and removes their right to vote.
[1] Total Number of Residents in Certified Nursing Facilities by KFF
The reasons people live in care facilities are varied: some people are in facilities for a few days or weeks after being discharged from a hospital or for rehabilitation, while others may live in a care facility for many years. Some are there because they have care needs that cannot be met in a different setting, and some individuals are forced prematurely to reside in a nursing home or other facility because of a lack of available care or affordable or appropriate housing opportunities in the community. Regardless of the reason for or length of stay in a care facility, the voting rights of these residents are retained unless a court determines otherwise.
Affirming and supporting the voting rights of care facility residents is a priority for the Wisconsin Disability Vote Coalition, and we welcome the opportunity to provide education and support to individuals, families, communities, and organizations – including care facilities – across the state regarding these issues.
Additional information and resources:
- What Voters in Residential Care Facilities Need to Know, by the Wisconsin Elections Commission
- Residential Service Providers: Resources for Voters with Disabilities, by the Wisconsin Disability Vote Coalition
- Guardianship and Voting: The Basics of Wisconsin’s Guardianship Laws and Its Impact on the Right to Vote, by the Wisconsin Disability Vote Coalition
- “Allegations of Incompetency and the Right to Vote” in The Guardian, the newsletter of the Wisconsin Guardianship Support Center; starts on page 7.
- 42 CFR § 483.10 of federal statutes outlines the rights of residents of long-term care facilities; guidance from the Centers for Medicare and Medicaid services (CMS) regarding compliance with this statute as it pertains to voting rights can be found here: Compliance with Residents’ Rights Requirement related to Nursing Home Residents’ Right to Vote
- Wisconsin Statute § 6.875 outlines the process for absentee voting in certain residential care facilities and retirement homes.
