Tuesday, October 14, 2014

FYI: Mental Disabilities and Voting

People with disabilities denied voting rights, group says

"Voting access is a common problem for voters with disabilities face. However, voters with intellectual or psychiatric disabilities face a particularly insidious barrier to equal participation in the electoral process.  These barriers take form in state constitutions, state laws and election-day practices. The rationale for these laws and practices is that voters with intellectual or psychiatric disabilities do not understand the process or issues well enough to cast legitimate votes and are particularly susceptible to manipulation. Of course, many voters without intellectual or psychiatric disabilities cast votes without being informed about the issues and without knowledge of voting procedure; however these voters are free to exercise their franchise.

While states have the ability to establish their own voting requirements, voting is a fundamental right protected by federal law. However, neither federal law, nor the ADA has sufficiently protected the voting rights of persons with intellectual or psychiatric disabilities. There have been few challenges to this form of discrimination in federal courts. Until state law is amended or federal law forces the expansion of voting rights protection to those with intellectual or psychiatric disabilities, the education and training of election officials is paramount to ensuring election access to all voters with disabilities."

Source: "Voting Rights under the Americans with Disabilities Act:Are People with Intellectual or Psychiatric Disabilities Protected?" 2007

Authored by:

Michael J. King
Roufeda Ebrahim





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