Saturday, November 1, 2008

Voting Rights

All but 11 states have some type of law limiting voting rights for individuals based on competence. Laws in some states still bar voting by people referred to using outdated terms such as "idiots" or the "insane."

More than a dozen states prohibit individuals deemed incompetent or under a guardian's care from voting. Another 20 states ban voting only if a court has determined that the individual specifically lacks the capacity to vote.

State laws on voting:

* Eleven states place no disability-related restrictions on the right to vote: Colorado, Idaho, Illinois, Indiana, Kansas, Maine, Michigan, New Hampshire, North Carolina, Pennsylvania and Vermont.

* Twenty states bar voting only if a court has determined that an individual specifically lacks the capacity to vote: Alaska, Arkansas, California, Connecticut, Delaware, Florida, Georgia, Hawaii, Iowa, Kentucky, Massachusetts, Minnesota, New Jersey, North Dakota, Ohio, Oklahoma, Oregon, Texas, Washington and Wisconsin.

* Fifteen states and the District of Columbia bar voting by individuals who are under guardianship or who have been adjudged mentally incompetent or mentally incapacitated: Alabama, Arizona, Louisiana, Maryland, Missouri, Montana, Nevada, New York, South Carolina, South Dakota, Tennessee, Utah, Virginia, West Virginia and Wyoming.

* Nine states have laws that use outdated and stigmatizing terms such as "idiots" and "insane persons" to describe who is barred from voting based on competence concerns, but those laws are rarely enforced because they are impossible to apply: Arkansas, Iowa, Kentucky, Mississippi, New Mexico, Ohio, Minnesota, New Jersey and Nevada.

Source:
State laws on voting among the mentally ill

See also:
Advocates push for voting rights for mentally ill

The Right to Vote
of Persons Under Guardianship –Limited and Otherwise


What Everyone Should Know About Voting and Guardianship

6 comments:

Anonymous said...

In my opinion, the only "idiots" and "insane" are the lawyers and judges whom have deemed themselves a god over people and their families. The law needs to be changed.

Anonymous said...

This is just another civil right taken away from people by the abusive court system. Every person should have the right to vote.

Anonymous said...

If the court says an incompetent person can vote, then it stands to reason that the person can also make decisions about other important aspects in his/her life - like who to associate with or where to live, etc.

Being able to vote but being otherwise incompetent doesn't make sense!

Anonymous said...

And, how to spend their own money!!!

Isn't this an interesting issue?

Competent enough to sort through all of the candidates and make an informed choice and then cast their vote.

BUT, according to the court not competent enough to make personal decisions, therefore a guardian is appointed who BILLS and BILLS and BILLS for their services.

Anonymous said...

It makes perfect sense to me - capable to vote but incapable to make personal decisions - it is a joke - because the courts are in only for the money, period.

Anonymous said...

People are churned and mulched into products, a money making well oiled probate machine keeps the CASH flowing.

Yeah, and the probte pals are laughing all the way to THEIR bank!