Disability Rights Center of New Hampshire

Absentee Voting: Information for Nursing Home Staff

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Federal law requires staff of nursing homes and long-term care facilities to support residents in exercising their right to vote. This assistance includes helping residents with disabilities apply for absentee ballots.

Requesting an Absentee Ballot Application

Staff should be prepared to help residents request an absentee ballot application. Applications can be obtain in several ways:

  • By calling the resident’s town or city clerk’s office to ask for an application to be mailed to the resident at the nursing home address.
  • By downloading and printing the application from the internet (sos.nh.gov/elections/absentee-ballots).

NEW: Verifying an Absentee Ballot Application

NH law requires that all absentee ballot applications be verified by the voter. Verification can be done in one of the following ways:

  • Submitting a copy of the applicant’s photo ID with their application
  • Having the signature on the ballot notarized
  • Presenting a photo ID to the city or town clerk along with their application in person

Staff should be prepared to offer residents photocopy services, notary services, or safe transportation to their clerk’s office. Staff can help residents fill out their absentee ballot application but will need to sign an attestation at the end of the ballot application stating that they provided assistance.

Need an application notarized?

We can notarize your application for free. Call 603-228-0432 or email us to schedule a time.

Helping Residents Complete their Ballots

Once a resident receives their absentee ballot, staff can help the resident mark their ballot if requested. Staff who assist residents to complete their ballots must sign the attestation section of the affidavit envelope before returning the ballot.

Returning a Resident’s Absentee Ballot

Absentee ballots must be returned to the town or city clerk by 5:00 p.m. on Election Day. Ballots received after that time will not be counted. We recommend mailing absentee ballots at least two weeks prior to the date of the election. Qualified staff can deliver the ballot in person.

Staff should be prepared to remind residents of voting deadlines, and should offer postage to help residents complete and return their absentee ballots.

Frequently asked questions

What if a resident is currently not registered to vote?

After the town or city clerk receives a request for an absentee ballot application from the resident, they will send the resident a voter registration form in the mail. This form must be completed and returned to the city or town clerk before the resident is given an absentee ballot.

What if a resident refuses my assistance?

While staff can offer to help, residents have a right to vote independently and privately. Staff may not interfere with a resident’s decision whether to vote, or their decision of how to vote. Administrators and staff must respect residents’ decisions and remain available for assistance if needed.

Am I qualified to deliver a resident’s ballot to the town or city clerk?

Not every staff member is qualified to deliver a resident’s ballot on the resident’s behalf. Only the following individuals are qualified “delivery agents”: A faculty administrator; or A staff member designated in writing by the faculty administrator to deliver ballots; or A person assisting a blind voter or a voter with a disability who has signed a statement on the affidavit envelope acknowledging their assistance.

Can a resident still vote if they are under guardianship or power of attorney?

Maybe. Election laws do not prohibit people with guardians from voting. However, the guardianship order may have taken away the right to vote. If residents are unsure, their guardianship papers should be examined.

If you have any remaining questions, or encounter any difficulty during the voting process, you can contact the following organizations for assistance:

Disability Rights Center – NH

  • Election Day Hotline: 603-410-5200
  • General Office Phone: 603-228-0432
  • Email: mail@drcnh.org

Attorney General’s Office

The Attorney General’s Election Hotline is available to anyone who may have concerns or questions related to elections. Inquiries and complaints may also be submitted via email:

Secretary of State’s Office

Questions related to election procedures may be directed to the Secretary of State’s Office. Questions can also be submitted by email:

Town or City Clerk’s Office

Find community-specific voter registration information, make absentee ballots requests, and register to vote:

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Voting

All Americans are entitled to exercise their right to vote. We work to educate NH residents with disabilities about voting rights and responsibilities.

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If you have questions about voting in NH including absentee voting or think your voting rights have been violated because of your disability you can contact us to speak with an attorney free  0f charge.

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About DRCNH

Disability Rights Center – New Hampshire is a statewide non-profit organization dedicated to eliminating barriers for people with disabilities across New Hampshire. DRC is the federally designated protection and advocacy agency for New Hampshire and has authority under federal law to conduct investigations in cases of probable abuse or neglect.

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