From Disability Rights California (DRC):

An article in last month’s newsletter described the new resource from Disability Rights California (DRC) that helps voters with disabilities to, as the title states, “Make a plan for successful voting!” Planning is essential for success in most things, and voting is no exception. However, as we all know, sometimes our plans don’t go as intended.

A person may plan to vote at an in-person voting location (called “vote centers” in Tuolumne and Calaveras counties) on Election Day but then be too sick to leave home that day (perhaps because of the flu or COVID-19) and not be able to find her vote-by-mail ballot. A person may plan to vote by mail but then end up hospitalized a couple of days before Election Day (whether due to an accident, an illness, or complications from an existing disability) and not have her vote-by-mail ballot with her in the hospital. These are just a couple of examples of how voting plans may go awry due to a health emergency.

Because ballots are mailed to all active registered voters in California approximately one month before Election Day, using that vote-by-mail ballot can be an option if the voter has access to it after the emergency occurs. If the emergency occurs at least one week (i.e., seven days) before Election Day and the voter has misplaced or otherwise doesn’t have access to the original mailed ballot, the voter can request that a replacement ballot be mailed. The replacement ballot can be mailed to an alternative location, such as a rehabilitation facility.

However, what happens when the voter doesn’t have her original vote-by-mail ballot and can’t get another one mailed to her, as in the examples above? It shouldn’t be surprising that the stress, disruption, and displacement that often accompany a health emergency could separate a person from her vote-by-mail ballot or cause her to forget where it is.

One voting option for people who are experiencing a medical emergency within the six days prior to Election Day or on Election Day itself—when it is too late to have a replacement ballot mailed to them—is to authorize someone to pick up another vote-by-mail ballot for them. The law and procedures governing this option recently changed, so this is a perfect time to learn the new procedures.

In simplest terms, the voter must complete a form called “Application to Provide Vote-by-Mail Ballot to Representative,” authorizing a specific person to pick up another vote-by-mail ballot for her. The person providing help must take the form to the county elections office or a vote center, where the new ballot will be issued. Once the voter has marked her ballot, it can be returned any of the usual ways a vote-by-mail ballot can be returned: by mail, in a ballot drop box, or at an in-person voting location. If the voter’s helper returns the ballot for the voter, there is a place on the ballot return envelope to include the helper’s information.

For more information about this and other options, please see our recently revised publication “How Can I Vote If I Cannot Vote in Person Because of a Medical Emergency?”

Finally, if you have difficulty voting because of a disability or have questions about the rights of voters with disabilities, DRC is one place to look for help. Our Voting Hotline operates year-round, with extended hours on Election Day. The phone number is (888) 569-7955. The information, legal advice, and representation provided by DRC are free.

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Authored by:

Karie Lew, voting rights attorney at Disability Rights California