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Voting Rights of People with Mental Disabilities

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Presentation on theme: "Voting Rights of People with Mental Disabilities"— Presentation transcript:

1 Voting Rights of People with Mental Disabilities
Jennifer Mathis, Bazelon Center for Mental Health Law Maya Abela, Arizona Center for Disability Law

2 How People are Disenfranchised
State Voter Capacity Standards In Law In Practice Photo ID Laws

3 State Laws: The Good, the Bad, and the Ugly

4 The Ugly No voting by: Idiots insane people lunatics

5 The Bad No voting by: People under guardianship
People who are incapacitated

6 The Somewhat Less Bad No voting by: Default may be:
People under guardianship who lack the capacity to vote People adjudicated to lack the capacity to understand the act of voting Default may be: Keeping the right to vote Losing the right to vote (eg Arizona)

7 The Better A person can vote if:
He or she can communicate, with or without accommodations, a choice whether to participate in the voting process Maryland Nevada California

8 The Good No capacity requirement! Colorado Michigan:
Idaho constitution permits Illinois legislature to impose Indiana but legislature has not Kansas New Hampshire North Carolina Maine: Pennsylvania election officials Vermont instructed to disregard reqt

9 Practices Regardless of what state laws provide, people with disabilities may be denied voting opportunities by: Service providers (eg nursing homes, group homes, hospitals) Election officials Poll workers

10 Advocacy: Training and Information Dissemination
Getting out “know your voting rights” information and strategic steps to maximize dissemination Collecting information about how voter competence standards are being implemented Approaching election officials ahead of time to discuss how they will prevent disenfranchisement

11 Advocating in Guardianship Proceedings
What is the default? What is the standard? How is it applied? Getting declarations of support where necessary Bazelon’s model advocacy package

12 Federal Litigation Best challenges Identifying plaintiffs Setting up
Potential obstacles

13 State-Level Legislative Advocacy
Considerations Success stories Other stories

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