Can Individuals with Disabilities Vote?

And what about Cooper? Will he be able to vote?

This morning my husband and I were chatting about our plan to vote today. With four kids home from school, we are trying to be strategic when we go. We also live in a very populated area so the polling lines will most likely be long.

‘Will Cooper ever be able to vote, mom?’

That’s what Sawyer asked over his breakfast.

Jamie and I looked at each other quickly, our eyes meeting for a split second.

We both know the answer is most likely no, but I could tell that neither of us felt all that confident in our ability to answer his question.

But the truth is…Cooper has a disability that will impact his ability to understand and cast a vote without being influenced. He will also be under guardianship at the age of 18.

And someone once told me that individuals under guardianship forfeit their right to vote. But was that true? I honestly don’t know.

A quick Google search returned this…

People with Down syndrome and other developmental disabilities such as autism, living in Minnesota have the right to vote and can utilize accessibility services to exercise this right.

From Minnesota DHS:

You have the right to vote. If you are a person with a developmental disability and understand what it means to vote, Federal law guarantees your right to vote. The law that gives you that right: The Americans with Disabilities Act, 42 U.S.C. § 12132; Doe v. Rowe, 156 F.Supp.2d 35 (D.Me.2001).

You can vote if you are under guardianship. If you are under guardianship, you are still eligible to vote UNLESS a court order revokes that right. The law that gives you that right: Minnesota Statute § 201.014, subd. 2

You have the right to get help to vote from a person YOU choose. If you are unable to read or need help voting because of your disability, you can have someone help you vote. You can bring a friend, family member or someone else you trust.

You can ask an election judge to help you vote if you do not bring anyone with you. The law that gives you that right: The Voting Rights Act, 42 U.S.C. §§1973aa-6; The Americans with Disabilities Act, 42 U.S.C. § 12132; Minnesota Statute §204C.15, subd. 1

AWESOME! But what about Cooper? Will be able to vote?

Cooper will be placed under guardianship of Jamie and I at age 18. Does this alone take away his right?

I googled the statute above about guardianship. I found this:

201.014 ELIGIBILITY TO VOTE.

Subdivision 1. Requirements. Except as provided in subdivision 2, an individual who meets the following requirements at the time of an election is eligible to vote. The individual must:

(1) be 18 years of age or older;

(2) be a citizen of the United States; and

(3) maintain residence in Minnesota for 20 days immediately preceding the election.

Subd. 2. Not eligible. The following individuals are not eligible to vote. Any individual:

(1) convicted of treason or any felony whose civil rights have not been restored;

(2) under a guardianship in which the court order revokes the ward's right to vote; or

(3) found by a court of law to be legally incompetent.

As I was writing this right now, I just felt a wave of emotions wash over me.

Under a guardianship in which the court order revokes the ward's right to vote; or found by a court of law to be legally incompetent.

All of this feels like a gut punch sometimes.

When Cooper was born, and I held him in my arms, it never crossed my mind that he might never vote. Or drive a car. Or go to college. Or live independently.

I never thought I would ever have to google something like…will my son be able to vote?

A disability never crossed my mind.

Life. What a trip I tell ya.

So often I feel like I am figuring this stuff out as I go. And by stuff…I mean navigating a differently lived life. And realistic hope.

Thanks for being here all!

Let’s figure this stuff out together.

-Kate