Voting
Rights
by
Herbert D. Hinkle, Esq. and Ira M. Fingles, Esq.
Herbert D. Hinkle
Law Office
2651 Main Street
Lawrenceville, New Jersey 08648
(609) 896-4200 or (215) 860-2100
With a Presidential
election on the horizon, it seems timely to address the voting rights
of people with disabilities.
All citizens residing
in the state who are age 18 or older, and who are properly registered,
are entitled to vote. The presence of a disability is not an automatic
bar to voting. The only legal issue is whether the person has the
capacity to vote.
A 1975 case litigated
by one of authors illustrates this point. The case, Carroll v.
Cobb, involved several residents of a state institution for people
with developmental disabilities. The men in question sought to register
and vote, but were turned away by the town clerk because of where
they lived. The trial court ruled that the mere fact that the men
were disabled or lived in an institution was not a bar to voting.
The court ruled that if they could answer the same questions asked
of other citizens on a standard voter registration form (i.e. name,
address, age, etc.) they were entitled to register and vote just like
any other person. The clerk was also barred from asking additional
questions not contained on the voter registration form; otherwise,
on an arbitrary whim, people could be barred from voting (e.g. who
was the 13th president of the United States, or what does
the 7th Amendment mean?). The trial court decision was
affirmed on appeal.
The Carroll
v. Cobb decision and all voting rights cases are based on recognition
that voting is a key element of a democracy and it must be carefully
protected. For this reason, that mere fact that a person has a disability
or is under guardianship does not bar voting.
From a practical
point of view, people with disabilities should review the standard
registration form so that they are familiar with its content. They
should familiarize themselves with the ballot and voting procedures
and if physical assistance is required, they should not hesitate to
ask for it.
Copyright 2000
H.D. Hinkle. All rights reserved.
Mr. Hinkle maintains
a multi-state law practice with offices in Lawrenceville, Florham
Park, and Marlton, NJ, and Yardley, Pa. Mr. Hinkle and his colleagues
Ira Fingles, and Paul Prior lecture and write frequently on topics
of law, aging, and disability, and are available
to speak to groups in New Jersey and Pennsylvania
at no charge. Call (609) 896-4200.
