A Legislative Alert From MDLC

Sorry I took so long to post.

LEGISLATIVE ALERT

Senate Bill 28 - Election Law - Voter Qualifications - Individuals Under Guardianship for Mental Disability

Did you know that under Maryland law an individual who is under guardianship for a mental disability is NOT eligible to register to vote?

Senate Bill 28 strikes the language that bans a person under guardianship from voting. This is a great step in making sure that Maryland does not exclude an entire group of individuals with disabilities from the voting process.

• In 2001, a federal district court struck down as unconstitutional Maine’s prohibition on voting by anyone under guardianship by reason of mental illness. Since that decision, several states have corrected their election law language that bars individuals with disabilities from voting. In fact, there are ten additional states that do not have any voting competency standard including Colorado, Idaho, Illinois, Indiana, Kansas, Michigan, New Hampshire, North Carolina, Pennsylvania and Vermont.

• In 2006, the Governor’s Transition Election Work Group recommended that Maryland correct the election law language that broadly denies this specific group of individuals with disabilities the right to vote. The American Bar Association has made a similar recommendation for states whose statutes exclude persons with disabilities from voting on the basis of guardianship and election laws.

• In November 2009, the Maryland Department of Legislative Services issued a report that highlighted the possible constitutional and federal law challenges to laws similar to Maryland’s. The report also noted the conflict in Maryland’s law which in one provision states that guardianship does not modify any civil right of the individual unless the court so orders, yet in another provision states that a person loses the right to vote automatically upon the appointment of a guardian.

It is time for Maryland to address the exclusion of individuals under guardianship from exercising the fundamental right to vote.

Please consider supporting SB 28. Come and testify and show your support or consider submitting written testimony In addition, if you know someone who is not able to vote because of guardianship and would like to testify please let us know.

Hearing Date: Tuesday, January 26, 2010 at 1 pm

Where: Senate Education Health and Environmental Affairs Committee

Thank you for your support.