As a parent of an adult son with developmental disabilities and an advocate for all residents in long-term care, I am appalled that in 2024, any state—let alone seven—still has restrictions in place that deny individuals with guardians the right to vote. This is not just a legal issue; it’s a moral one. The right to vote is fundamental to our democracy, and it should not be taken away lightly or without due process.
According to the Bazelon Center for Mental Health Law, seven states currently have laws that automatically strip away the voting rights of individuals under guardianship, regardless of their actual ability to participate in the electoral process. These states deny people the opportunity to make their voices heard simply because they have a guardian.
In a recent article from The New York Times titled "In Some States, Having a Guardian Means Not Having a Vote," the gravity of this issue is highlighted. It is shocking that such outdated and discriminatory policies still exist. These blanket policies are not only unjust but also illegal under federal civil rights laws, as the Justice Department noted earlier this year. However, despite this declaration, the Biden administration has yet to take action to enforce this position and protect the voting rights of those affected.
This inaction is unacceptable. A judge, with advice from medical professionals, should be the only authority allowed to revoke a person’s right to vote. Any blanket policy that denies voting rights based on guardianship status alone is a direct violation of the principles of justice and equality that our country claims to uphold.
As advocates, we must stand up and demand that these laws be changed. We must fight to ensure that every person with a guardian, particularly those with intellectual or developmental disabilities, can regain their right to vote. Our democracy is only as strong as the voices it includes, and we cannot allow these voices to be silenced any longer.
Join us in this fight. Let’s work together to protect and restore the voting rights of all individuals, regardless of their guardianship status. The time for change is now.
Individuals with developmental disabilities and those living in long-term care communities have the right to vote, just like any other citizen. We want to make sure that elders and people with disabilities living in long-term care communities have the ability to do so, which is why we have launched the Long-Term Care Right to Vote #LTCVOTES campaign.
We have created an Outreach Kit, which you will find below, to help you help us get the word out!
In the Outreach Kit, you will find a general email template, a general campaign poster, and some other documents specific to federal rights and voting rights for people with I/DD. Also, we have put a copy of the letter that was sent to CMS.
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