With the 2024 election coming up, long term care providers have the opportunity to play a significant role in helping residents exercise their right to vote. Every election, seniors and other residents have a right to make their voice heard, and providers should make every effort to assist them in doing so.
Below is information and resources to help assist residents with the upcoming election:
Federal RegulationsFor nursing homes specifically, the Centers for Medicare and Medicaid Services (CMS) has regulations regarding residents' rights, including their rights as citizens, which would include the right to vote:
- §483.10(b) Exercise of Rights. The resident has the right to exercise his or her rights as a resident of the facility and as a citizen or resident of the United States.
- §483.10(b)(1) The facility must ensure that the resident can exercise his or her rights without interference, coercion, discrimination, or reprisal from the facility.
- §483.10(b)(2) The resident has the right to be free of interference, coercion, discrimination, and reprisal from the facility in exercising his or her rights and to be supported by the facility in the exercise of his or her rights as required under this subpart.
On September 26, 2024, CMS issued a
memo specific to this requirement, encouraging nursing home providers to collaborate with states and localities to ensure resident's had the right to vote.
As noted in the CMS memo, nursing homes should have a plan to ensure residents can exercise their right to vote, whether in-person, by mail, absentee, or other authorized process. Facilities should also review any applicable state regulations related to voting processes and who can provide hands-on assistance with voting on absentee ballots.
Facilities must make sure any activities surrounding voting do not pressure residents about their voting choices or preferences. As stated in the above regulation, providers should help make sure residents are able to exercise their right to vote but should avoid any appearance of interference or coercion.
More information on the recent CMS memo can be found on AHCA/NCAL's blog post
here.
Help Residents Register to Vote The first step is making sure residents who want to vote are registered to vote. Deadlines to register vary by state.
Check out Vote.gov to find the registration deadlines in your state and how to register. Help Residents with Mail-In/Absentee Ballots For frail residents in long term care, absentee ballots may be an easier option than voting in-person. However, as noted previously, facilities should review any rules regarding mail-in or absentee ballots as they may vary by state.
Check out 'Can I Vote' to easily find your state's specifics with absentee or early voting. When residents receive their ballots in the mail, ensure staff understand what they can and cannot help with when it comes to assisting residents in filling out their ballots. For example, an assistance provider should ask the voter what choice he or she wants to make. The assistance provider must never make assumptions regarding how a person wants to vote. If the resident has a Power of Attorney (POA), that person should be contacted about helping the resident fill out their ballot.
Pay particular attention to any state requirements regarding the authenticity of mail-in ballots. For example,
in Missouri, absentee ballots must be notarized. Make sure your staff understand these requirements ahead of time, so they can be ready to help residents not only complete their ballots but avoid any pitfalls for disqualification.
Send in completed ballots as soon as possible, whether by mail or at local ballot drop boxes, if your state or county offers them.
Many states also offer voters the ability to
track their ballot online. Work with the resident or their loved one, if they wish to make sure their ballot was received and qualified to be counted. Sending in ballots quickly may help a resident address any issues flagged with their ballot promptly, to ensure it will be counted.
Take Residents to the PollsWith COVID no longer being the threat it was with the last election in 2020, facilities may also want to encourage residents to get out to vote. One option for getting residents to the polls would be setting up and providing transportation to a local polling location. Some ways to find the closest polling location to your facility include:
If transportation may be an issue, setting up a polling location within your facility may be a better option.
Make it FunVoting in elections has been an exciting time for many residents, for many years throughout their lives. Some facilities continue to celebrate this exciting time through celebrations that may include “I Voted" stickers or red, white, and blue balloons. Other facilities report they have a local elected official meet with residents prior to election season so they are educated about their rights and the processes they will follow. This could be a part of a residents' council meeting, or a kick-off to the season. A #LTCVotes Campaign was recently initiated to encourage facilities to ensure residents have the right to vote.
Below are some suggested activities you can do to help make the election season fun for residents:
- Host a registration party
- Host a facility tour for candidates, so residents can get to know them, and elected officials can learn more about long term care
- Talk with residents about their history when voting
- Host trivia events related to election history
- Start a countdown calendar for how many days until the election
- Post pictures and videos of residents participating in election related events and using the #LTCVotes campaign hashtag and tag your community
Additional Resources The Help America Vote Act (HAVA) and Americans with Disabilities Act (ADA) affirm the right to a private, independent, and accessible vote for people with disabilities. Your state and local election commission can be a great resource on how the voting process in your state supports this right. Some additional resources to review are:
Check out these organizations for additional resources on helping residents vote:
At a local level, you might also consider reaching out to your LTC Ombudsman office, the local AARP chapter, or your local election commission to answer specific questions or get custom resources.