Executive Summary: Democracy Denied for Disabled Americans: Guardianship and the Right To Vote

Author’s note: The disability community is rapidly evolving to use identity-first language in place of person-first language. This is because it views disability as being a core component of identity, much like race and gender. Some members of the community, such as people with intellectual and developmental disabilities, prefer person-first language. In this report, the terms are used interchangeably.

Disabled Americans have long faced barriers to voting, and recently enacted anti-voting state laws have increased these barriers. A total of 79 restrictive voting laws were passed between 2021 and 2024, and President Donald Trump is also considering ways to eliminate mail-in voting, which would add to disabled voters’ current voting barriers that include physically inaccessible polling places and heightened health risks. At the same time, some members of the disability community have already had their voting rights stripped entirely due to state guardianship laws. In many states, people under guardianship are automatically barred from voting or may lose their rights at the discretion of a judge or guardian.

As part of the Center for American Progress’ continued work on disabled people’s access to democracy, a new report explains how guardianships can significantly restrict the voting rights of people with disabilities; documents how state-level policies curtail voting access; analyzes recent legislative activity on the voting rights of people under guardianship; and offers state and federal policy recommendations around ensuring voting rights are preserved, expanding the use of supported decision-making, and strengthening oversight of guardianship proceedings.

What is guardianship?

Guardianship refers to a legal status in which a court deems an individual “incapacitated” and allows for an identified guardian to make decisions for the individual. There is no federal legislation establishing a consistent standard for guardianship. Therefore, state laws and definitions surrounding guardianship vary widely.

How does guardianship affect voting rights?

States administer elections and establish voter registration and voting policies, resulting in wide variation in how people under guardianship are treated. Some states strip voting rights from individuals under guardianship, others require courts to make individualized determinations of voting capacity, and several impose no voting restrictions at all. This patchwork of laws produces deep inequities and creates confusion for voters, election officials, and courts alike.

Since January 2023, at least 52 bills in 20 states and at the federal level have addressed voting rights and guardianship. After a surge in 2023, legislative activity dipped in 2024 and rebounded in 2025, showing that this intersection remains highly active and contested. The wide range of states introducing bills—across regions and partisan lines—reflects ongoing debates over voting rights, disability rights, and the role of guardianship in determining civic participation.

Despite growing legislative attention, few guardianship-related voting bills have become law. Only seven of 51 state bills introduced from 2023 to 2025 were enacted, with most stalling in committee. Many proposals focused on removing people “adjudicated mentally incapacitated” from registration lists rather than affirming or expanding access. Fifteen bills sought to increase voting rights for people under guardianship, but none passed. One bill—Montana’s H.B. 395—would have further restricted the voting rights of people under guardianship, but it also failed.

These patterns point to growing awareness of guardianship and voting but show limited structural change. Analysis indicates that lawmakers are far more likely to refine administrative processes for voter registration than to protect or restore the right to vote for people under guardianship in their states. Advocacy efforts in 2026 and beyond should prioritize converting legislative interest into action by promoting model bills that explicitly protect voting rights for people under guardianship. Without sustained advocacy and federal guidance, the current patchwork of state laws risks deepening existing disparities in access to the ballot for people with disabilities under guardianship.

To preserve the voting rights of people under guardianship, policymakers should:

• Strengthen legal protections for voting access.
  • Update federal guidance to ensure accessible voter registration and multiple voting options, including assistance with completing the ballot.
  • Allow voters to pick a support person of their choice to help complete the ballot and clarify assistance rules while protecting against coercion.
  • Pass federal legislation such as the Accessible Voting Act.
  • Enact state laws or constitutional amendments explicitly protecting voting rights and repealing automatic disenfranchisement based on guardianship status.
• Ensure due process safeguards in guardianship proceedings.
  • Require clear notice when voting rights are at stake and guarantee independent legal representation.
  • Mandate annual court reviews that allow voting rights to be restored without undue burden.
  • Establish a federal guardianship bill of rights that reinforces these protections.
• Expand and codify supported decision-making (SDM).
  • Federally recognize SDM and fund training across courts, schools, health systems, and service providers.
  • Require states to consider SDM and other less restrictive alternatives before granting guardianship.
  • Codify SDM agreements statewide using model language and support community programs that help individuals implement SDM, with the goal of abolishing guardianship altogether.
• Improve training across systems.
  • Provide federal and state funding for training judges, attorneys, guardians ad litem, court staff, election officials, and service providers.
  • Expand models such as Texas’ specialized guardianship training and incorporate disability-focused, culturally responsive practices.
• Strengthen oversight, accountability, and data collection.
  • Require standardized court data collection on guardianships, disenfranchisement, and demographics, aligned with national data standards.
  • Mandate that states submit aggregated data to the U.S. Department of Justice and use standardized, multilingual, and culturally competent forms.
  • Create or empower an ombudsman or disability rights office to investigate voting rights complaints and ensure access to civil remedies.
• Invest in accessible voter education and support.
  • Provide federal and state funding for plain language, multilingual voter education materials targeted to people under guardianship.
  • Protect and expand funding for the protection and advocacy system, including the federal Protection and Advocacy for Voting Accessibility program, to support polling accessibility, outreach, and direct assistance.
• Simplify restoration of rights.
  • Require periodic court reviews that explicitly assess voting rights.
  • Automatically restore voting rights when guardianship ends or becomes limited, without requiring reregistration or additional procedural hurdles.