As mid-term elections approach, the stakes are high for individuals with disabilities. Budget battles are being waged at every level of government, threatening Medicaid, SSDI, Medicare and other programs that are essential to their quality of life. The Voting Rights Act of 1965, Americans with Disabilities Act and Help American Vote Act of 2002 are just a few of the laws that ostensibly guarantee their voting rights, but many individuals with special needs will still find themselves unable to cast ballots.
Guardianship
Every state has its own guardianship laws, which grant legal authority to handle the affairs of someone who is not deemed competent to act on their own behalf. It’s a serious responsibility, involving the loss of personal rights. But disability competency is complex; abilities range on a spectrum. An individual may not be able to manage her finances, yet be perfectly capable of voting. Unfortunately, only a handful of states recognize this difference by preserving the voting rights of individuals, despite the adjudication of incompetence.
Every state has its own board of elections or oversight committee; if you experience difficulty with registration or voting, you should contact these officials to learn about the complaint process. In Kansas, for instance, there is both a website and phone number that voters can access in order to understand the procedure.
If you meet resistance on election day, do not assume that the first poll worker you encounter understands what supports you are entitled to. If you encounter resistance, insist on speaking to a supervisor.
Understand your rights and be prepared to stand up for them. The law is on your side in exercising this right essential to a free and well-functioning democracy.
