More than one million Americans, including people with disabilities, are living under court-approved guardianships. Sadly, in several states, these individuals are barred from exercising their right to vote.
The Department of Justice recently released updated guidance regarding voting rights for people with disabilities. These guidelines stress the importance of ensuring that disabled individuals have the same opportunity to vote as everyone else and highlight protections provided by the Americans with Disabilities Act.
“For too long,” per the release from the department’s Civil Rights Division, “many people with disabilities have been excluded from this core aspect of citizenship” and “prevented from voting because of prejudicial assumptions about their capabilities.”
The regulations also cover a significant number of individuals living under guardianships or conservatorships in the U.S. These arrangements involve giving control of a person’s civil rights to a guardian, often a family member. It is also important to note that guardianships aren’t just for individuals with intellectual disabilities – people with mental health disabilities are included as well.
States have varying rules regarding the voting rights of individuals under guardianship. Most can be categorized into the following groups:
1. States with no restrictions: In states like Illinois, individuals under guardianship face no limitations on their voting rights.
2. States with the power for judges to suspend voting rights: California and Florida, for example, fall into this category, where judges have the authority to suspend the voting rights of individuals under guardianship.
3. States with no voting rights by default: In states such as Arizona and Delaware, individuals under guardianship are not granted voting rights automatically. They must obtain approval from a judge in order to vote.
4. States with no voting rights at all: Louisiana, Missouri, South Carolina, Tennessee, Utah, Virginia and West Virginia are the seven states where individuals under guardianship have no voting rights whatsoever.
Under the new regulations, disabled individuals who have been placed under guardianship now have the option to take legal action to regain their voting rights through the Americans with Disabilities Act (ADA).
“There needs to be litigation now where the government, or other organizations, take the states to court and say that the [guardianship] laws violate the ADA,” Zoe Gross, advocacy director of the Autistic Self-Advocacy Network, told Mother Jones. Gross also emphasizes that it is important for disabled individuals to know that their right to vote is not automatically taken away.
To help with this, the network has created a plain-language guide that explains the voting policies of each state.
The lack of transparency in guardianship and conservatorship is a major concern. In 2021, senators Elizabeth Warren and Bob Casey requested data from the DOJ and Department of Health and Human Services, in light of the attention surrounding Britney Spears’ conservatorship battle with her father. However, the exact number of people nationwide who have had their voting rights taken away due to guardianship remains unclear. Plus, it is difficult to determine the number of people currently under guardianship in each state. According to Gross, disenfranchising disabled individuals in guardianship “is one of many ways that our legal system discriminates against people with disabilities.”
Depriving the rights of individuals with physical or mental impairment has far-reaching consequences. It affects their ability to support politicians and policies that can enhance their quality of life at every level of government. As Gross aptly stated, “We should have the opportunity to vote for the individuals who shape the policies that directly impact our lives.”
This fundamental right to vote can determine critical outcomes, such as whether a state chooses to expand Medicaid or reject its expansion, a decision that holds immense implications for people with disabilities.
The Bottom Line
Everyone should have the right to vote, regardless of their circumstances. If an individual has a disability and is under guardianship, there may be a misconception that they are unable to exercise this right. However, it is important to note that in many states, individuals under guardianship can still vote. The specific laws in your state will determine your eligibility, and it is not up to your guardian to make this decision on your behalf.
Additional Resources:
GoVoter Project – Self Advocates Becoming Empowered (to learn more about voting)
