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1 State Laws Affecting the Voting Rights of People with Mental Disabilities 1 (2016)

handle is hein.scsl/slvormed0001 and id is 1 raw text is: State Laws Affecting the Voting Rights of People with Mental Disabilities' State Constitution/ Electoral Guardianship/ Conservatorship Mental Health Statutes Developmental Disabilities/ STATE Statutes: Persons Disqualified Statutes Mental Retardation Statutes ALABAMA No person who is mentally incompetent In a limited guardianship, the partially Consumers of mental Persons with developmental shall be qualified to vote, unless the incapacitated person retains all legal rights which health services have the disabilities and traumatic brain disability has been removed. ALA. CONST. the court has not seen fit to delegate to the same general rights as injury have the right to vote and art. 8, § 177(b). limited guardian. Comment to ALA. CODE other citizens of Alabama, participate in the political § 26-2A-105. including the right to vote process, subject to applicable Persons disqualified under the Constitution and participate in the laws. ALA. CODE § 38-9C-4(7). are not entitled to vote. ALA. CODE § 17-3- political process. ALA. 30. CODE § 22-56-4(a)(5). Persons with developmental disabilities and traumatic brain injury are presumed competent until a court determines otherwise. ALA. CODE § 38-9C- 4(5). ALASKA No person may vote who has been Guardian may not prohibit a ward from Persons undergoing judicially determined to be of unsound registering or voting. ALASKA STAT. mental health evaluation mind unless the disability has been § 13.26.150(e)(6). or treatment may not be removed. ALASKA CONST. art. 5, § 2. denied the right to vote. An incapacitated person for whom a guardian Undergoing court-ordered The judicial determination of unsoundness has been appointed is not presumed to be mental health treatment is of mind necessary to disqualify a mentally incompetent and retains all legal and civil rights not a determination of impaired individual from voting must be except those that have been expressly limited by legal incapacity. ALASKA specifically raised in a guardianship hearing or court order or have been specifically granted to STAT. § 47.30.835(a)(b). raised in a separate proceeding. Alaska Atty the guardian by the court. ALASKA STAT. Gen. Op. (I nf.) No. 123 (Aug. 28, 1992). § 13.26.090. ARIjZONA No person who is adjudicated an Voter registration cancelled if a person under Persons undergoing court- incapacitated person shall be qualified to guardianship is committed as an insane person in ordered mental health vote. ARIZ. CONST. art. 7, § 2(C). a court proceeding. ARIZ. REV. STAT. § 16- evaluation or treatment are 165(C). not determined to be The County Recorder shall cancel a voter's legally incompetent. seitayratinistey are adudiasi ern rcutodro aebe pcfclygated rgic tatnifhed p e u eder Incapacitated person defined as any person who Persons undergoing mental Sncaacitat d person 14-51 ARIZ. REV. is impaired by reason of mental illness, mental health evaluation or 15. §o- deficiency, mental disorder, physical illness or treatment may not be disability, chronic use of drugs, chronic denied the right to vote. Not qualified to register to vote if adjudicated intoxication or other cause, except minority, to ARIZ. REV. STAT. § 36- an incapacitated person. ARIZ. REV. STAT. the extent that he lacks sufficient understanding 506(A). § 16-101(A)(6)m or capacity to make or communicate responsible decisions regarding his person. In cases of limited guardianship only, a person is not deemed an incapacitated person for purposes of . voting if the person files a petition, has a This table is based on the table published by Kay Schriner, Lisa Ochs, & Todd Shields, Democratic Dilemmas: Notes on the ADA & Voting Rights of People with Cognitive and Emotional Impairments, 21 BERKLEYJ. EMP. & LAB. L. 437 (2000). The table was updated by the National Disability Rights Network (NDRN) in June 2004, and by the Bazelon Center for Mental Health Law and the law firm of Schulte Roth & Zabel in 2016. DOC ID - 23956684.4

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