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2006 Election Alert
The National Association of Protection and Advocacy
Systems (NAPAS) has put together helpful Election Day Resources for voters with disabilities, including a a Bill of Voting Rights for Individuals with Mental Disabilities PDF or Microsoft Word versions), an overview of how help in voting can be provided (PDF or HTML) and a PDF summary of state laws that affect voting by people with mental disabilities.
Legal
Advocates Challenge Missouri Voter Practices (10/8/04)
Register
to vote at congress.org.
Access to the Ballot for People with Disabilities
The Bazelon Center has developed a flyer that you can circulate
to help learn about problems with voting access in your area.
It's available in two versions:
You can either print the flyer on your organization's letterhead
or a page with your group's name and contact information, or
download and edit the HTML version to incorporate information
about specific problems in your area.
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Voting
The opportunity to participate in the democratic process is
a fundamental right, yet many Americans with disabilities face barriers
to exercising their rights as citizens. The Bazelon Center works
to expand access to the polls for people with mental disabilities.
Federal Laws Can Overcome Barriers to the Ballot
Two federal laws provide important tools for expanding access to the
polls for people with mental disabilities: the Americans with Disabilities
Act (ADA) and the National Voter Registration Act (NVRA), known as
the "Motor-Voter Law." This page gives an overview of possible strategies
for their application on behalf of voters with mental disabilities.
A more detailed analysis offers approaches
for challenging barriers to voting that face people with all kinds
of disabilities.
The effectiveness of the ADA has not yet been tested in several areas
related to the voting rights of people with mental disabilities. The Doe case
banned their improper exclusion from voting through vague or overbroad
competency standards and the need for reasonable accommodations in
the voting process. In addition, steps should be taken to ensure enforcement
of the NVRA, which, among other things, requires the state to designate
as voter registration agencies all offices that are primarily engaged
in providing disability services and that receive state funds. Such
agencies must make available to their clients voter registration forms
and assistance in completing them, and must accept completed applications
and transmit them to state officials.
Help Is Available
The Bazelon Center would like to work with individuals and local advocates
to ensure that people with mental disabilities have the opportunity
to vote. If you have experienced or know of someone who has encountered
any of the following problems, we are available to help determine what,
if any, legal strategies may be pursued
and to initiate litigation in a few appropriate cases.
Possible Strategies
- Obtaining Accommodations. Individuals may need accommodations
for a mental disability in registering to vote or casting a ballot.
Such accommodations can include
- an explanation of instructions in simpler language,
- a friend or family member to accompany him or her into a voting
booth, or
- assistance in casting a ballot.
Just as important as ensuring that election officials are prepared
to provide accommodations is educating people with disabilities about
their right to voting accommodations. It's also wise to ensure that
requests for accommodations are submitted ahead of time to the extent
possible.
- Narrowing Voting Exclusions.
Many states have laws or regulations that bar individuals with mental disabilities
from voting, whether or not they are, in fact, competent to vote. Furthermore,
even where the laws themselves do not deny voting rights, the actions of
election officials or staff at hospitals, ICF/MRs, group homes or other
service providers deprive many individuals with mental disabilities of
access to the ballot. To be sure, it may be within states' authority to
limit voting rights to individuals who are capable of understanding the
nature of an election and what it means to cast a ballot. But individuals
with mental disabilities are sometimes denied the right to vote even when
they do understand these things. Such exclusions may violate the ADA and
the U.S. Constitution or state constitutions.
- Enforcing "Motor Voter."
The NVRA requires all state-funded agencies not just motor vehicle bureaus
to offer voter registration. States may not be designating state-funded
offices providing disability services, such as community mental health
centers and vocational rehabilitation agencies, as voter registration agencies.
And even if such offices have been designated, they may not be providing
appropriate registration opportunities and assistance as required by the
NVRA.
- Other Strategies.
The three areas listed above are the Bazelon Center's priority concerns in
expanding access to the ballot for individuals with mental disabilities.
However, if people with mental disabilities in your area face other barriers
to exercise of their voting rights, we would be interested in hearing about
those problems and discussing potential solutions.
To report specific problems or discuss strategies, email Jennifer
Mathis, jenniferm@bazelon.org,
or write to her at the Bazelon Center, 1101 15th Street NW, Suite
1212, Washington DC 20005.
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