Voting is a fundamental right for any citizen over the age of 18 in the United States. People with disabilities have the right to vote like anyone else. In fact, federal law makes it clear that no qualified person can be denied the right to vote due to a disability. Accommodations must be made to allow people with disabilities to exercise their rights.
Federal voting laws give each state the right to set policies regarding how people vote, where people vote, and who may vote. States have authority to make laws allowing a person to be excluded from voter registration because of “mental incapacity.”
The concept of “mental incapacity” to vote is not clearly defined, and state laws vary widely in applying that term. Some states have no prohibition against voting. Other states have laws ensuring that a person under guardianship retains the right to vote unless it is specifically removed. On the most restrictive end, some states remove the right to vote automatically upon the court appointing a guardian – with no specific inquiry into the person’s capacity to vote.
It can be a disturbing and demoralizing experience for an individual with disabilities who expresses an interest in voting to be denied that right.
The freedom and civic duty to vote should not be lost simply because of guardianship. Understanding that this issue requires careful attention is the first step. Knowing your state’s laws and procedures – or finding a lawyer to help you – is the second step. Ensuring that a person who wishes to vote can exercise that right, regardless of guardianship, keeps our democracy accessible to all.
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