Millions of Americans will be unable to vote. Who are they, and why are they unable to vote?
The 2020 General Election is just over a month away, and millions of Americans will be unable to vote. Britney Spears is one of them. Spears, 38, is one of an estimated 1.5 million Americans who live under conservatorship (or guardianship, depending on the state), which means that a court has assigned a guardian who makes decisions regarding daily living and financial issues, as well as voting in certain jurisdictions.
According to the American Bar Association, two kinds of Americans may be barred from voting under federal election law: convicts and those with mental disabilities in some form.
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Voting and Conservatees
Spears, for example, has been a conservatee in California since 2008, after many public breakdowns. Jamie Spears, the star’s father, controls financial and personal choices for her. The #FreeBritney campaign, which has recently trended on social media platforms such as TikTok, Twitter, and Instagram, has thrown attention on conservatorships and the ability to vote.
Conservatorships are often utilized for those who are unable to make financial or healthcare choices for themselves. After evidence satisfies the judge that a conservatorship is justified, a court appoints an adult to make such choices for the conservatee. Individuals who are aware that they want assistance may establish a Durable Power of Attorney to identify the person they wish to make decisions on their behalf. A conservatorship is a unique procedure because it often includes people who are not actively seeking treatment or may not have the mental ability to recognize that they should be getting care, despite the fact that they do.
In 2016, the legislation in California regulating conservatorships and voting changed. There is a presumption of competency to vote under the new legislation dealing to voting and conservatees, which may be contested before a court or jury by proof to the contrary. However, thousands of Americans have lost their ability to vote throughout the country because they were considered incapable. According to the Pew Trusts, courts in 39 states and Washington, D.C. have the authority to revoke a person’s voting rights if they are declared mentally incompetent. This includes those suffering from schizophrenia, Down syndrome, autism, and other conditions.
Conservatorships, according to disability activists, generally have nothing to do with a person’s capacity to vote, and the Americans with Disabilities Act (ADA) says that reasonable adjustments should be provided so that persons with disabilities may still participate in elections. In an election year rife with strife, uncertainty, and distrust, the rules determining who gets to vote and who does not have gotten additional attention, which may be a good thing.
Voting and Criminals
Another group barred from voting are over 6 million Americans convicted of felony felonies. According to the National Conference of State Legislatures, voting rights restoration differs by state. Often, the jail is in charge of telling election authorities that a person’s right to vote has been restored. That individual is then in charge of registering to vote.
In the District of Columbia, Maine, and Vermont, felons never lose the ability to vote (even while jailed), while other states need a waiting time or extra processes before voting rights are restored. In Florida, for example, felons who have served all of their sentences or had their voting rights restored by the State Clemency Board in the case of murder or sexual crimes may register to vote. Prison time, probation or parole, and payment of any fines, fees, and restitution issued as part of the sentence are all possible punishments.
Visit the National Conference of State Legislatures for more information on Felon Voting Rights. You may see a lawyer if you have a legal issue concerning your voting rights.
In many states, it is not too late to register to vote. To discover your state or local election website, click to USA.gov.
