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Voting Rights For People With Disabilities Questioned

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With the presidential campaign season heading into high gear, concerns are being raised about whether all people with disabilities should have the right to vote.

In Minnesota, a fight is brewing in court and in the state legislature. At issue is whether or not adults who are under the care of guardians — including many with disabilities — should be eligible to vote.

Currently, such individuals are able to cast ballots unless a judge has determined otherwise. But in a lawsuit making its way through federal court a group is arguing that the state’s constitution does not extend the right to vote to those with guardians.

Meanwhile a proposal in the Minnesota legislature would require a judge to assess voting eligibility for people with guardians. Like those behind the lawsuit, the bill’s sponsor — who has guardianship over her own sister with a disability — said she wants to ensure that no one is being taken advantage of, citing cases where people with disabilities have allegedly been influenced by caretakers at the polls.

Disability advocates, however, are largely opposed to the proposed restrictions arguing that cases of abuse are rare and don’t justify sweeping changes, reports the Minneapolis Star Tribune. To read more click here.

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Comments (16 Responses)

  1. Terry Bennington says:

    So, under the proposed law, someone like Steven Hawking – arguably the most intelligent human to roll on the face of the planet in the last 100 years – wouldn’t be qualified to vote because he has a guardian? I’m glad he’s English, and not subject to the “American Way!”

  2. Jimmy Davison says:

    It depends on the kind of disability. We should not assume anything.

    I once got laryngitis. Some people wouldn’t talk to me because they thought I was deaf, too.

    Jimmy Fay

  3. KA101 says:

    Truly amazing how often people want to take someone else’s rights away.

  4. ACK says:

    Intelligence and/or a disability has nothing to do the right to vote. Plenty of people without disabilities make poor or uninformed decisions when voting, or choose not to vote at all. It is the right of every American of age to vote, period, no exceptions.

  5. Laurie says:

    I am outraged over this new attempt to make it harder on individuals with disabilities as well as the elderly to exercise their fundamental freedom to vote. If they have to prove they are capable of voting , then everyone, with or without a disability or guardian, should have to do the same. I happen to think the persons who are pushing this should be asked before they go into the next voting booth who all of the candidates are and for what positions they are running. I would put money on they don’t know them all and that they either guess or vote for someone someone told them to vote for. Most people don’t know this when it comes to many, many offices on a ballot. The audacity!

  6. vmgillen says:

    People with disabilities are citizens. Citizens are allowed to vote. Guardians are charged with acting in the best interests of the charges, who remain citizens, notwithstanding.

    Next case…

  7. Lynda says:

    Mary Kiffmeyer, the author of this bill, has a long history of trying to suppress voters in Minnesota. Ironically she was the Secretary of State at one point – the very person charged with elections and ensuring citizens can vote.

  8. Martha Moyer says:

    I have said all along that some like my son shouldn’t vote. My son who is age 38 has no idea about politics;minimal speech; can’t even tell time; reads with very little comprehension; and certainly wouldn’t be able to know anything about a politician.He doesn’t know who a President is let alone the name of our President. I keep being pushed to register him and since I am his guardian I say “NO!”. I think if anyone needs guardianship, like my son does, that if there is a desire to vote then the person should be evaluated accordingly.

  9. Debra Ruh says:

    This is ridiculous – my daughter Sara was born with Down syndrome and is now 25 years old. She understands many of the issues and takes the time to educate herself – watching news, reviewing comments and blogs on the internet and watching all debates. She has been voting since she was 18 years old. In the last presidential election she voted differently from the other members of the family because she has her own opinions. This is the United States and we all have the right to vote. I am extremely opposed to deciding who is “intelligent” enough to vote. Intelligence can be measured in many ways and it is insulting for the “experts” to decide my daughter is not intelligent enough to vote. I believe she understands some of these issues better than some people because she takes the time to learn about them and then make up her own mind. This is insulting and I cannot believe this could happen in the United States of America. ALL CITIZENS in the US should be allowed to VOTE!!!

  10. Theresa Rhodus says:

    Every state is different but if court deems you need a guardian because you can’t make disissions for yourself you can’t make disissions about an election. There are organizations who will go to group homes and bus them to the polls. They can register and vote the same day. They are fed cookies and told about the canadite they want them to vote for so this is the only one they’ve ever heard of. This isn’t to suppress votes it’s to protect the vulnerable from being used in a dirty game. In my state they bused the homeless to the polls, fed them nd gave them $5. Which is illegal. If they can get a homeless person to vote their way they can get a mentally challenged person to.

  11. Nancy R. says:

    I can’t believe that I might be one of those that might not be able to vote. This can’t happen.

  12. Jim Tobias says:

    Your readers deserve to know that this is part of an overall drive by the Republican Party to restrict voting across the board. Read the article you link to — the Republican leader behind this is also behind the voter ID laws. When you write up a story like this, please show the big picture.

  13. Thomas C. Wood says:

    I have Autism (Asperger’s Type) and Cerebral Palsy, and since 1976, I have voted in every single presidential and congressional election, not to mention town elections here in Salem, New Hampshire. Believe me, I will “blow through the roof” this November, if I arrive at my polling place, the William T. Barron Elementary School, 1 street up from me, and I an “denied the right to vote”. I will hold the “Tea Party” and “Republican Party” here responsible if I am not allowed to vote, as a “citizen” of the United States.

  14. politicaljules says:

    I have seen first hand children with Down syndrome being taken advantage of. Here is a conversation with a friend’s aunt, Jennie who is 58 and lives in a group home.

    Jennie: Who are you voting for?

    Me: First, you tell me who you’re voting for.

    Jennie: I’m voting for obama!

    Me: Why’s that?

    Jennie: Because he’s going to raise taxes.

    Me: Really, that’s what you like about him?

    Jennie: yes

    Me: So, tell me Jennie, what don’t you like about Mr. Romney?

    Jennie: He’s going to lower taxes.

    Me: So, you like Mr. Obama because he’s going to raise taxes and you don’t like Mr. Romney because he’s going to lower taxes. Why do you want to raise taxes?

    Susie: Because then we’ll have lots and lots more money to spend for our group home!

  15. politicaljules says:

    Republicans and Democrats have been trying to protect people’s right to vote. And it should be on a case by case basis to ensure they are not being taken advantage of. Hawking is a competent individual and no one is saying people in a wheel chair cannot vote. Neither is anyone saying a person with aspergers who cares for themselves and their affairs should be denied the right to vote.

    However, those who need help making decisions about important things in their lives, like paychecks, and bank accounts, and paying bills etc have a right NOT to be taken advantage of.

    I am all for a law passed by the Arizona Legislature earlier this year. The law grants those under full guardianship the right to vote in an official election, after appearing before a judge to determine competency.

    If a person with an intellectual disability is capable of making their own decisions, like paying bills etc then they do not need a guardian. However, not all people are capable of doing those things. So, to protect them, the Arizona law says that if a person under full guardianship can prove that they are competent to vote, they now have the right to do so.

    Why anyone would be against that, I do not know.

  16. phoebe says:

    1) I think deciding to vote for Obama because you think that will lead to more tax revenue to support your group home is a perfectly reasonable reason to vote for him…not sure if the person posting this was being ironic or what, but that similar to the reasons I will be voting for him. 2) No one should ever have to prove they are competent to vote…except Hank Williams Jr., Ted Nugent and Chuck Norris, who are clearly too ignorant and misinformed to be trusted with such an important civic duty.

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