Voting Rights of Mentally Retarded People

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The right to vote is a fundamental prerogative of a democratic nation. However, according to King and Ebrahim (2), significant segments of the U.S. population have been facing discrimination in exercising this right. One of these groups includes people with mental retardation, who are subject to unfair restrictions in exercising their franchise. Majority of the Americans with mental disabilities have been denied the right to vote on basis of inaccessibility to polling locations and discriminatory rules and procedures.

The case law bars mentally retarded people from voting by terming them idiots, insane, or lunatics (Field and Sanchez 9). Their incapacity and incompetence to vote are determined by a court of law (Brakel et al 21). However, the case law does not precisely determine the extent of incompetence to vote. Neither does the federal law nor the Americans with Disabilities Act (ADA) sufficiently protect their rights to vote (King and Ebrahim 3).

In my opinion, local registrars should neither use prejudice nor discrimination during the evaluation of prospective voters to deny people with mental disabilities their franchise to vote. Some mentally retarded persons exhibit a high degree of intelligence and capability to vote, and hence, they should be allowed to vote provided they are registered U.S citizens who are above 18 years and not under felony conviction as stipulated by the constitution. They should be given fair treatment just like any other voter. They do not need to undergo any intelligence test, know how to read and write or be aware of the platforms of candidates and their political parties.

If people with mental retardation were allowed to vote on their own, the majority of them would make a correct decision more often than a wrong one. However, those under guardianship or conservatorship should be closely monitored during the voting process to ensure their choice is not predicted for them; otherwise, it would bring into governance a system of administration that is either authoritarian or unfair to the majority of its citizens.

Works Cited

Brakel, James, et al. The Mentally Disabled and the Law. 3rd ed. Chicago: American Bar Foundation, 1985. Print.

Field, Martha, and Sanchez Valerie. Equal Treatment for People with Mental Retardation: Having and Raising Children. Harvard: Harvard University Press, 1999. Print.

King, Michael, and Ebrahim Roufeda. Voting Rights under the Americans with Disabilities Act: Are People with Intellectual or Psychiatric Disabilities Protected. DBTAC: Southeast ADA Center, 2007. Web.

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