Many states in the USA have laws that prevent individuals deemed “mentally incompetent” and other disabled citizens from voting. However, the criteria for determining someone to be “incompetent” is not federally regulated and varies widely by state. This denial of voting rights is one of the many ways voters are disenfranchised in the United States.
Instead of creating more laws restricting citizens’ right to vote, lawmakers should pass legislation to make voting easier and more accessible.
Current Challenges
Despite the fact that it is federally illegal to deem a person incompetent and prevent them from voting except in very limited circumstances, many states retain laws that appear to do just that. Arizona’s legislation declares that a citizen’s voter registration may be canceled if they are deemed an “incapacitated person.” An incapacitated person is defined as “any person who is impaired by reason of mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication or other cause, except minority, to the extent that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person.” While this last provision may seem reasonable enough, the definition of “incapacitated person” is extremely broad and how the law is actually applied is questionable at best. Vermont’s laws state that to be entitled to the privilege of voting, persons must be of “quiet and peaceable behavior” – a requirement that no person could be said to meet 100% of the time. Kentucky’s constitution even uses the insulting and outdated language “idiots and insane persons” to refer to those barred from voting. In addition, several states have provisions removing the right to vote from disabled people under guardianship or conservatorship, regardless of whether or not the person has any cognitive disabilities. Over one million disabled people in the US are under guardianship or conservatorship – some states protect their right to vote, and some expressly remove it.
These hurdles blocking access to the fundamental right to vote are intentional and insidious. Instead of protecting and uplifting disabled people and ensuring their right to vote, many states place intentional barriers to prevent as many people as possible from voting. Olivia Coley-Pearson, a voting rights activist, stated: “It’s by design, I believe, because they want to maintain that power and that control.”
Making Voting Accessible
The COVID-19 pandemic proved that state and federal governments can make many jobs, services, etc., more accessible. However, funding for such projects is limited because modern capitalist societies rarely prioritize their disabled citizens. That being said, other countries have modernized their voting systems, such as Canada, where 80 cities and towns have allowed citizens to vote online; voting increased by 300% the first year online voting was introduced. Estonia is also at the forefront of online voting – reportedly, one in four people voted remotely in the last election. A national ID card is used to verify the voter’s identity, and Estonia’s security officials have not detected any serious efforts to tamper with voting. Rob Weber, a former IT professional who runs the blog Cyber the Vote, stated the following regarding potential vote tampering: “If there are concerns about any of this, the answer is to further work on those concerns, not declare that the Internet is entirely dangerous and will always be entirely dangerous, and you can never trust it.”
Following the examples of other nations, voting in the USA can be made simpler and more accessible. Those who seek to hinder and complicate the process are usually motivated by bigotry and the desire to prevent certain people from voting. ABC reported that the United States ranked 138 out of 172 countries in terms of voter participation. Instead of empowering citizens to vote, many states seem determined to prevent voting access by enacting legislation such as Florida’s new law, which prohibits volunteers from asking people if they need help. Voting is undoubtedly under attack – but not through “voter fraud,” as many politicians like to claim. It is under attack by these legislators, who are committed to disenfranchising as many people as possible from voting. Texas, which had previously implemented drive-thru and 24-hour voting during the COVID-19 pandemic, recently passed a law removing those accommodations. What reason could Texas legislators have to remove an accessibility feature previously approved by the state other than to make voting more difficult?
Future Hope
As of this year, online voting registration is still not offered in every state – Arkansas is the last holdout where online registration is as yet unavailable. Potential voters must complete the laborious task of printing and mailing the voter registration form or delivering it in person to a local office. However, many states have enacted laws that make voting more accessible. Initially implemented during the COVID-19 pandemic, Nevada and Vermont have codified into law universal mail voting – mailing ballots to all active registered voters for each election. This increases the total to eight states which allow all elections to be conducted entirely by mail. Minnesota offers same-day voter registration and no voter ID laws, and the state has consistently topped the charts of voter turnout statistics for the past two decades. 23 states plus the District of Columbia currently have automatic voter registration. Six states plus D.C. have automatic voter registration and a permanent absentee voting list, and one more state (New Mexico) passed legislation set to go into effect next year. Three states – Massachusetts, Missouri, and Rhode Island – even send out absentee ballot applications to permanently disabled voters each election.
The National Disability Rights Network can help you find resources in your state and assist you with registering to vote. The Bazelon Center also provides resources to help inform disabled voters of their rights.
Voting rights differ by state, so it’s crucial to understand your rights to plan your vote effectively and make your voice heard.