What is a Service Animal?
The ADA defines a service animal as a “dog that is individually trained to do work or perform tasks for a person with a disability.” The work or task(s) should be related to the person’s disability.
Service dogs may be any breed, size, or weight. They are exempt from local breed restrictions.
The person using a service dog is often referred to as the dog’s handler.
Rights and Responsibilities of Service Dog Users
- Service dogs may go anywhere the public may go, which includes polling places: the voting area, ballot box, and restroom facilities, if available to voters.
- The service dog is not required to wear a vest or leash, but it must always be under the handler’s control.
- A service dog handler is not required to provide certification, licensing, or any other documentation to prove that the dog is a service dog. This is because there is no documentation recognized by the federal government and no federal registry of service dogs.
Interacting with Service Dogs (and their handlers)
- Service dogs need to focus on their tasks or work. Don’t distract a service animal by trying to get its attention, petting it, or offering treats.
- Poll workers are not required to watch a service dog for its handler. They are also not required to provide food, water, or a place for the dog to relieve itself. You can provide these services if you choose to.
How Do I Know a Dog is a Service Animal?
Although no documentation is required, you may ask:
- Is this dog required because of a disability?
- What work or task is the dog trained to perform?
You should not ask the handler to have the service dog to demonstrate its task or work. The dog may become confused if made to perform work or a task that is not needed. This can undermine the dog’s training.
Note: Many people who have “hidden disabilities” also use service dogs. For example, a person may use a service dog to alert them of oncoming seizures. Don’t assume a dog is not a service dog just because the owner doesn’t appear disabled.
Removing a Service Dog
The ADA clearly states that a service dog handler can be asked to bring their dog under control if it is wandering around, bothering other voters, barking excessively, etc.
If the dog cannot be brought under control quickly, then polling place staff can ask that the dog be removed from the area.
If a dog is aggressive, snapping, snarling, lunging, or biting, the handler may then be asked to remove the dog immediately.
Note: The voter has the right to return without the dog.
Best Practice
The ADA does not provide specific guidance for the removal of a service dog. We recommend the details of the event is documented, whenever a service dog must be removed from a polling place or a voter is asked to bring their dog under control. Election officials should set their own specific procedures for documentation and supervisor notification.
