An individual has been declared legally incompetent. Can she or he vote in the general election?

Assandache, same with my parents, they have been using absentee ballots for several years now, no way they could stand in line just to get up to the table to even sign-in. I, too, help them fill out the absentee ballot and put down whomever they wanted, even if it wasn't who I was voting for.

But those absentee ballots can be very confusing... I know the ones from Virginia are, took me awhile to figure out what paperwork goes where.... couldn't imagine my parents who have poor eyesight trying to get the correct sheets in order.

When my Mom was in the NH\Rehab they had absentee ballots for all who wanted to vote..

Last time my Mom voted was Obama's first election and I went with my Mom to Town Hall and they gave her an absentee ballot and let me help her.. I know how my Mom votes, always votes Democrat so I wasn't telling her who to vote for!

There is a lot of voter fraud using absentee ballots to have persons manipulated into voting. The person may be eligible to vote, the fraud is in the manipulation and gathering of the votes from say a nursing home or public housing. A few stories about this in Florida every election cycle.

The U.S. Election Assistance Commission has resources for voters, including voter guides, registration information, voting accessibility, and information for military and overseas voters.

Voter Eligibility
•An U.S. citizen who is at least 18 years of age can vote, although some states do allow 17 year olds to vote.
•States also have their own residency requirements to vote. For additional information about state-specific requirements and voter eligibility, contact your state/territorial election office.
•Some states/territories don't allow convicted felons to vote. The specifics of the laws differ from state to state, and a felon may be eligible to have voting rights restored. For more information, contact your state/territorial election office.

Good question!

I recommend absentee ballots for the disabled who then can vote from their residence. Having worked at the polls for a number of years and seen the general public at work, it probably wouldn't make much difference if the person has been declared incompetent or has just the knowledge of many people who show up not knowing what the election is about or why they can't vote for the president in a non presidential election.

I doubt there would be many caregivers who would want to even try to take their legally incompetent parent/spouse out to vote. Just standing in line, the parent/spouse wouldn't have the patience and would be asking where are we and why are we there, etc.

Cwillie, I especially agree with your last sentence. Many a talk show host has proven that with asking individuals questions on the street, even with help of a picture of that elected official :)

As far as I know as long as you are a citizen and of voting age you can vote, I don't recall ever hearing of any requirement to prove mental capacity. (I'm in Canada but the same general rules apply I think)
Even so, it would be unethical to use your proxy to mark the ballot for someone who has no idea what the election is about or who they are voting for. I asked my mom if she wanted to vote in the last provincial election, she said she couldn't care less. The fact that she couldn't tell you who is our Premier or Prime Minister for a million $$$ says it all.
Mind you, there are some supposedly fully functioning people out there who couldn't tell you either, but that's a whole other topic!

I would say if you ask them who is running, who would they vote for and why would they vote for them, then they could vote.

Otherwise, it would not be right.

It is allowable to accompany a person who cannot mark the ballot or press the correct buttons and do it for them.

This is a legal question for someone in your state's Secretary of State, legislature, election clerk, or other governing body to answer.

You could contact your local state senators or congresspeople, or their counterparts at the federal level.

I honestly don't know and wouldn't even want to hazard a guess; go straight to the people who know.

I hope you find the answer you seek - it is an interesting question.