Guardianship and Voting: How to Get Your Right to Vote Back
Guide for people with disabilities, explaining steps they must take if they have lost their right to vote and want to get it back.
Disclaimer
This publication is provided for educational purposes only. The information is general in nature and is not intended as legal advice. Legal advice requires consideration of the specific facts and circumstances of an individual's situation. Laws, regulations, and court decisions may change. Consult a legal professional for assistance with individual legal issues.
Reproduction of this publication is permitted and encouraged as long as no modifications are made and credit to Disability Rights Wisconsin is retained.
How to Get Your Right to Vote Back
This guide explains the steps to take if you lost your right to vote through a guardianship proceeding and want to ask the court to restore it. You may want to ask a friend, family member, guardian, or other supporter to read the guide with you and help you complete the steps.
Who Should Use This Guide?
This guide may be helpful if you:
Have a Guardian of the Person.
Lost your right to vote through a court order.
A Guardian of the Person is someone appointed by a court to make certain personal decisions for you.
If you are not sure whether your right to vote was removed, see the section below titled "How Do I Know if I Lost the Right to Vote?"
This guide does not apply to people who cannot vote because of a felony conviction and are still serving their sentence.
How Is My Right to Vote Protected?
In Wisconsin, having a guardian does not automatically mean that you cannot vote. Only a court can remove your right to vote.
A local election official, family member, guardian, service provider, caregiver, or someone acting under a Power of Attorney cannot independently take away your right to vote. Your right to vote also cannot be taken away simply because you have a disability or medical diagnosis.
How Can I Lose the Right to Vote?
A court may remove the right to vote during a guardianship proceeding or in a separate court proceeding concerning voting capacity.
You can have a guardian and still have the right to vote. If you only have a Guardian of the Estate, which addresses certain financial decisions, your voting rights are not removed as part of that appointment.
How Do I Know if I Lost the Right to Vote?
If a court appointed a guardian for you, review your guardianship papers. Look for the court's "Determination and Order on Petition for Guardianship Due to Incompetency."
The order should indicate whether the court removed your right to vote. Older guardianship paperwork may be worded or formatted differently.
If your order shows that your right to vote was removed, you can ask the court to restore it. If your right to vote was not removed, you do not need to go through the restoration process.
If you are eligible to vote, make sure you are registered, have an acceptable photo ID if required, know the date of the election, and make a plan to vote.
What if I Do Not Have My Guardianship Papers?
You can ask your guardian for a copy or contact the Register in Probate office in the county where your guardianship case was handled. There may be a fee for obtaining copies.
You can find contact information through the Wisconsin Register in Probate Directory by County.
How Does a Court Decide Whether Someone Can Vote?
Wisconsin law uses the standard of whether a person is "incapable of understanding the objective of the elective process."
In plain language, this means understanding the purpose of an election.
The purpose of an election is to vote for the candidate you want to win.
A person may be unable to make some other decisions while still understanding the purpose of an election. A person's abilities may also change over time. If your voting rights were removed in the past and you now understand the purpose of an election, you can ask the court to restore your right to vote.
How Do I Get My Right to Vote Back?
You must ask the court that handled your guardianship to restore your right to vote. You do this by filing a document called a Petition.
What Should I Do Before Filing?
Get a notebook or folder where you can keep court papers and write down important dates, deadlines, phone calls, and other information about your case.
Decide whether you want an attorney to help you. You may be able to begin the process yourself and ask the court about appointing an attorney if you cannot afford one.
Review the instructions for the forms you will be filing. Some documents may need to be signed in front of a notary or court official.
How Do I Start the Process?
The process begins by filing a Petition with the court that removed your right to vote.
You decide when to start the process. You do not need someone else's permission to ask the court to restore your voting rights.
Can I Ask for My Voting Rights Back During an Annual Review?
Some people under guardianship also have a protective placement order. Protective placement generally means that a court has determined where the person must live and what services must be provided.
If you are protectively placed, your case is reviewed periodically by the court. This is commonly called an annual review or Watts review. You may be able to ask for restoration of your voting rights as part of that review, or you may file a separate Petition.
How Do I File the Petition?
You can file a Petition yourself, or another person who supports restoration of your voting rights can file on your behalf.
If you are filing for yourself, use the "Ward's Petition to Restore Ward's Right to Register to Vote and to Vote."
If someone else is filing for you, use the "Petition on Behalf of Ward to Restore Ward's Right to Register to Vote and to Vote."
Read the instructions carefully and ask for assistance if you need help understanding or completing the forms.
Keep a copy of everything you file.
You can submit the Petition to the Register in Probate office for the court handling your guardianship. Use the Wisconsin Register in Probate Directory by County to find your local office.
If you mail your Petition, consider contacting the Register in Probate afterward to confirm that it was received and ask for the filing date.
What Happens After I File the Petition?
The process generally includes:
Notice of the hearing.
Appointment of a Guardian ad Litem (GAL).
A court hearing.
A court decision.
1. Notice of the Hearing
The court will provide information about when and where your hearing will take place. Keep this information somewhere safe and make a plan to attend the hearing.
The court will also determine who else must receive notice of the hearing, which may include your guardian and other parties involved in your case.
If you need assistance or an accommodation related to court notices or other parts of the process, contact the Register in Probate office.
2. Appointment of a Guardian ad Litem
The court will appoint an attorney called a Guardian ad Litem (GAL). The GAL is not your personal attorney and does not have to advocate for what you want.
The GAL will talk with you and make a recommendation to the court. Explain to the GAL why you believe your right to vote should be restored.
Even if the GAL does not support your request, you can still present your position to the court. The court makes the final decision.
3. The Court Hearing
The hearing is a formal court proceeding where the court considers evidence and decides whether your voting rights should be restored.
You, your attorney if you have one, the GAL, your guardian, witnesses, and other parties may participate.
What Is Evidence?
Evidence is information that helps the court decide your case. It can include:
Your testimony about why you want to vote and what voting means to you.
Testimony from people who support you.
Letters from people who know you.
Other information that shows your understanding of voting and elections.
How Should I Prepare for the Hearing?
Think about what voting means, why you want to vote, and what you understand about elections.
Practice explaining your thoughts aloud or using the communication method that works best for you.
Ask someone who supports your right to vote whether they can attend the hearing or provide a letter of support.
Explain to the GAL why you believe your voting rights should be restored.
Will I Need to Be Evaluated by a Doctor or Psychologist?
An evaluation by a doctor or psychologist may not be required. However, the court may want additional information about your understanding of voting. You may also choose to ask your own doctor, psychologist, or another professional to provide information supporting your request.
Will I Need to Testify?
Be prepared to explain to the court why your right to vote should be restored. Your testimony gives the court an opportunity to hear directly from you about your understanding of voting and elections.
If you need an accommodation to communicate or participate in the hearing, ask the court for one. Accommodations may include a sign language interpreter, assistive communication device, or other support.
Can I Bring Someone With Me?
You may be able to have a supporter attend the hearing. A friend, family member, teacher, aide, caregiver, guardian, or other person who knows you may also be able to provide testimony or a letter explaining why they believe you understand voting.
What if Someone Opposes My Petition?
Someone involved in the case may disagree with your request. This could include the GAL, your guardian, or another person.
You can still continue with your case. The court can consider information from you, your supporters, and people who disagree with your request before making a decision.
What Should I Tell the Court?
The court will consider whether you understand the purpose of an election. Be prepared to explain, in your own words, what voting and elections mean.
Questions you may want to prepare for include:
Why do you want to vote?
What is the purpose of an election?
How do you decide who you want to vote for?
How do people vote?
What kinds of offices or issues might appear on a ballot?
Have you voted in other settings, such as a school, club, or organization?
You can also talk about issues that are important to you and how you learn about elections or candidates.
You do not need to tell the court which candidate you plan to vote for. Your vote is private.
4. The Court's Decision
The court may tell you its decision at the hearing or may take additional time to decide. The court will issue a written decision called an Order.
Keep a copy of the signed Order with your guardianship papers.
What Happens if My Voting Rights Are Restored?
If the court restores your voting rights, keep copies of the court documents showing that your right to vote was restored.
Then make a plan to vote. Depending on your situation, you may need to:
Register to vote.
Have acceptable proof of residence.
Have an acceptable photo ID.
Find your polling place or learn about absentee voting options.
Find the dates of upcoming elections.
For voting questions, contact the Disability Rights Wisconsin Voter Hotline at 844-DIS-VOTE (844-347-8683) or info@disabilityvote.org.
What if My Request Is Denied?
You may be able to ask the court again after the required waiting period. If you have an attorney, talk with your attorney about your options, including whether you can appeal the decision.
Forms Used in the Process
Ward's Petition to Restore Ward's Right to Register to Vote and to Vote.
Petition on Behalf of Ward to Restore Ward's Right to Register to Vote and to Vote.
Order to Restore Ward's Right to Register to Vote and to Vote.
More Information and Assistance
Wisconsin Disability Vote Coalition - Voting information and resources for people with disabilities.
Wisconsin Guardianship Support Center - Information and assistance related to adult guardianship, protective placement, and advance directives. Toll-free helpline: (855) 409-9410. Email: guardian@gwaar.org.
Free or reduced-cost legal assistance may also be available through legal aid organizations, legal clinics, law schools, or attorneys providing pro bono services.
Voting Questions
Contact the Disability Rights Wisconsin Voter Hotline year-round:
Phone: 844-DIS-VOTE (844-347-8683)
Email: info@disabilityvote.org
Acknowledgment
This project was supported by funds received under the Help America Vote Act (HAVA) for Protection and Advocacy Systems to provide education, training, and assistance to individuals with disabilities and promote their participation in the electoral process.
