Ferry County Website
Error in site JavaScript

Mental Competency and Voting Rights

Only a Superior Court can declare a person unable to vote due to mental incompetency and therefore unable to vote. Do not assume that a person under a guardianship due to their mental capacity is ineligible to vote.

A guardian may not vote on behalf of a person under guardianship, and power of attorney does not extend to voting.

Whether a person under guardianship may vote depends on when the guardianship was imposed and whether the guardianship is full or partial.

Imposition of a guardianship for an incapacitated person shall not result in the loss of the right to vote unless the court determines that the person is incompetent for purposes of rationally exercising the franchise in that the individual lacks the capacity to understand the nature and effect of voting such that she or he cannot make an individual choice. The court order establishing guardianship shall specify whether or not the individual retains voting rights. When a court determines that the person is incompetent for the purpose of rationally exercising the right to vote, the court shall notify the appropriate county auditor.

    For more information, see Article VI, Section 3 of the Washington State Constitution, RCW 11.88.010(5), or Washington Law Help.

    To challenge a voter registration, you must file a Voter Challenge with the county elections department where that person is registered.