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| State | Constitutional Disqualification | Statutory Disqualification |
| Alabama | No person...who is mentally incompetent, shall be qualified to vote until...removal of disability. Ala. Const. art. VIII, § 182 (Michie Supp. 1999) | Any person possessing the qualifications of an elector set out in Article 8 of the Constitution of Alabama, as modified by federal law, and not laboring under any disqualification listed therein, shall be an elector, and shall be entitled to register and to vote at any election by the people. Ala. Code § 17-3-9 (Michie 1995) |
| Alaska | No person may vote who has been judicially determined to be of unsound mind unless the disability has been removed. Alaska Const. Art. V, § 2 (Michie 1998) | Disenfranchising statute, § 15.05.040, repealed. (Michie Supp. 1999) |
| Arizona | No person under guardianship, non compos mentis, or insane, shall be qualified to vote at any election... Ariz. Const. Art. 7, § 2 (West 1984) | Has not been adjudicated an incapacitated person as defined in section 14-5101. Ariz. Rev. Stat. § 16-101(A)(6) (West 1999). |
| Arkansas | No idiot or insane person shall be entitled to the privileges of an elector. Ark. Const. Art. 3 § 5 (Michie 1987) | “Qualified elector” means a person who holds the qualifications of an elector and who is registered pursuant to Arkansas Constitution, Amendment 51. Ark. Stat. Ann. § 7-1-101(20) (West Supp. 1999)
No guardian shall make any of the following decisions without filing a petition and receiving express court approval…Prohibit the incapacitated person from voting. Ark. Stat. Ann. § 28-65-302(a)(5) (West 1987) |
| California | The Legislature...shall provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony. Cal. Const. Art. 2, § 4 (West 1983) | (a) A person shall be deemed mentally incompetent, and therefore disqualified from voting, if, during the course of any of the proceedings set forth below, the court finds that the person is not capable of completing an affidavit of voter registration in accordance with Section 2150 and any of the following apply: (1) A conservator for the person or the person and estate is appointed pursuant to Division 4 (commencing with Section 1400) of the Probate Code. (2) A conservator for the person or the person and estate is appointed pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code. (3) A conservator is appointed for the person pursuant to proceedings initiated under Section 5352.5 of the Welfare and Institutions Code, the person has been found not competent to stand trial, and the person’s trial or judgment has been suspended pursuant to Section 1370 of the Penal Code. (4) A person has pled not guilty by reason of insanity, has been found to be not guilty pursuant to Section 1026 of the Penal Code, and is deemed to be gravely disabled at the time of judgment as defined in paragraph (2) of subdivision (h) of Section 5008 of the Welfare and Institutions Code.
(b) If the proceeding under the Welfare and Institutions Code is heard by a jury, the jury shall unanimously find that the person is not capable of completing an affidavit of voter registration before the person shall be disqualified from voting. Cal. Elec. Code § 2208(a) (West Supp. 2000) If the court determines the conservatee is not capable of completing an affadavit of voter registration in accordance with Section 2150 of the Elections Code, the court shall by order disqualify the conservatee from voting pursuant to Section 2208 or 2209 of the Elections Code Cal. Prob. Code § 1910 (Supp. 2000) |
| Colorado | No Constitutional disqualification (West 1990, Supp. 1999) | No electoral statute |
| Connecticut | The qualifications of electors as set forth in Section 1 of this article shall be decided at such times and in such manner as may be prescribed by law. Conn. Const. Art. 6, § 2 (West 1988) | No mentally incompetent person shall be admitted as an elector. Conn. Gen. Stat. § 9-12(a) (West Supp. 1999) |
| Delaware | No idiot or insane person...shall enjoy the right of an elector. Del. Const. Art. 5, § 2. (Michie 1999) | No idiot or insane person...shall be a qualified voter. 15 Del. Code Ann. § 1701 (Michie 1999) |
| Florida | No person...adjudicated in this or any other state to be mentally incompetent, shall be qualified to vote... until...removal of disability. Fla. Const. Art. 6 § 4(a) (West 1995) | A person who has been adjudicated mentally incapacitated with respect to voting in this or any other state and who has not had his or her right to vote restored pursuant to law. Fla. Stat. § 97.041(2)(a) (West Supp. 2000)
Rights that may be removed from a person by an order determining incapacity include the right:…[t]o vote. Fla. Stat. § 744.3215(2)(b) (West Supp. 1997) The committee’s written report must include…[a]n evaluation of the alleged incapacitated persons’ ability to retain her or his rights, including, without limitation, the rights...[to] vote.… Fla. Stat. § 744.331(3)(d)(2) (West Supp. 1997) |
| Georgia | No person who has been judicially determined to be mentally incompetent may register, remain registered, or vote unless the disability has been removed. Art. 2, § 1, ¶ III(b) (Michie 1998) | No person who has been judicially determined to be mentally incompetent may register, remain registered, or vote unless the disability has been removed. Ga. Code Ann. § 21-2-216(b) (Michie Supp. 1999)
Subject to the provisions of law relating…the right to vote, which matters shall be independently determined, all persons for whom guardians are appointed shall retain the powers, rights, and privileges not removed from the ward pursuant to this chapter. This subsection, however, shall not prevent the court from specifically removing from the ward powers, rights, and privileges other than those specified in subsections (d) and (e) of this Code section. Ga. Code Ann. § 29-5-7(f) (Michie 1999) |
| Hawaii | No person who is non compos mentis shall be qualified to vote. Haw. Const. Art. 2, § 2 (Michie 1993) | Whenever the clerk receives from the department of health or any informing agency, information of the...adjudication as an incapacitated person under the provisions of chapter 560, a mentally retarded person under the provisions of chapter 333F...the clerk shall thereupon make such investigation as may be necessary to prove or disprove the information, giving the person concerned, if available, notice and an opportunity to be heard. If after the investigation the clerk finds that the person...incapacitated to the extent that the person lacks sufficient understanding or capacity to make or communicate responsible decisions concerning voting...the clerk shall remove the name of the person from the register. Haw. Rev. Stat. § 11-23(a) (Michie 1998) |
| Idaho | Removed disenfranchising provision, Idaho Code Const. Art. VI, § 3, stating people under guardianship, idiotic or insane could not vote in 1998. (Michie Supp. 1999) | Every developmentally disabled person has the following rights...unless limited by prior court order, to exercise all civil rights, including the right to...vote. Idaho Code §66-412(3)(j) (Michie 1996) |
| Illinois | Insane via caselaw not overruled by Const. Art. 3, § 1. Const. Commentary (West 1993) (West’s Smith-Hurd Illinois Compiled Statutes Annotated, Constitution of the State of Illinois, Articles 2 to End, p. 54) | No electoral statute disqualification. (Michie 1996; Supp. 1999) |
| Indiana | No Constitutional disqualification. (Michie 1997, Supp. 1999) | No electoral statute disqualification. (Michie 1996, Supp. 1999) |
| Iowa | No idiot, or insane person...shall be entitled to the privilege of an elector. Iowa Const. Art. 2, § 5 (West 1989) | A person who has been legally determined to be mentally incompetent. Certification by the clerk of the district court that any such person has been found no longer incompetent by a court shall qualify such person to again be an elector, subject to the other provisions of this chapter. Iowa Code § 48A.6(2) (West 1999) |
| Kansas | The legislature may, by law, exclude persons from voting because of mental illness. Ks. Const. art 5, § 2 (Division of Printing, Department of Administration, 1988) | No electoral statute disqualification. (Division of Printing, Department of Administration, 1996, Supp. 2000) |
| Kentucky | The following persons are excepted and shall not have the right to vote... Idiots and insane persons. Ky. Const. § 145(3). (Michie 1988) | Disqualified under Ky. Const. § 145. Ky. Rev. Stat. § 116.025(1). (Michie Supp. 1998)
The rights of which a ward is legally deprived upon a determination of disability in managing his personal affairs and financial resources include, but are not limited to, the right to vote….Ky Rev. Stat. § 387.590(10) (Michie 1984) A partially disabled or disabled person for whom a limited guardian, limited conservatorship, or conservator has been appointed retains all legal and civil rights except those which have by court order been designated as legal disabilities or which have been specifically granted to the limited guardian, limited conservator, or conservator. A person who is partially disabled may be subject to some but not all of the disabilities specified in subsection (10) of this section. Ky. Rev. Stat. § 387.590(11) (Michie 1984) |
| Louisiana | Right may be suspended while a person is interdicted and judicially declared mentally incompetent. La. Const. Art. 1, § 10(A) (West 1996) | No person shall be permitted to register or vote who is... interdicted after being judicially declared to be mentally incompetent. La. Rev. Stat. Ann. § 18:102(2) (West Supp. 2000) |
| Maine | Persons under guardianship for reasons of mental illness. Me. Const. Art II, § 1 (West Supp. 1999) | A person under guardianship because of mental illness may not register or vote in any election, as provided in the Constitution of Maine, Article II, Section 1. Me. Rev. Stat. Ann. tit. 21A § 115(1) ( West 1999) |
| Maryland | The General Assembly by law may regulate or prohibit the right to vote of a person...under care or guardianship for mental disability. Md. Const. Art 1, § 4 (Michie 1981) | An individual is not qualified to be a registered voter if the individual...is under guardianship for mental disability. Elec. 3-102(b)(2) (Michie 1997) |
| Massachusetts | Persons under guardianship. Mass. Const. Amend. Art. III (Law Co-op 1979) | Not being a person under guardianship. Mass. Ann. Laws ch. 51 § 1 (Law Co-op 1990) |
| Michigan | The legislature may by law exclude persons from voting because of mental incompetence. Mich. Const. Art. 2, § 2 (West 1985) | No electoral statute disqualification. (West 1989, Supp. 1999) |
| Minnesota | The following persons shall not be entitled or permitted to vote at any election in this state:...a person under guardianship, or a person who is insane or not mentally competent. Minn. Const. Art. VII, § 1 (West 1976) | The following individuals are not eligible to vote. Any individual...under a guardianship of the person; or found by a court of law to be legally incompetent. Minn Stat. § § 201.014(2)(b)(c) (West 1992) |
| Mississippi | Idiots and insane persons. Miss. Const. Art. 12, § 241 (Law Co-op Supp. 1999) | Idiots and insane persons. Miss. Code Ann. § 23-15-11 (Law Co-op 1990) |
| Missouri | No person who has a guardian of his or her estate or person by reason of mental incapacity, appointed by a court of competent jurisdiction and no person who is involuntarily confined in a mental institution pursuant to an adjudication of a court of competent jurisdiction shall be entitled to vote. Mo. Const. Art. VIII, § 2 (West 1995) | No person who is adjudged incapacitated shall be entitled to register or vote. Mo. Ann. State § 115.133(2) (West Supp. 2000) |
| Montana | Is of unsound mind, as determined by a court. Mont. Const. Art. IV, § 2 (Mont. Legislative Service 1999) | No person adjudicated to be of unsound mind has the right to vote, unless he has been restored to capacity as provided by law. Mont. Code Ann. § 13-1-111(3) (Montana Legislative Service 1999) |
| Nebraska | No person shall be qualified to vote who is non compos mentis...unless restored to civil rights. Ne. Const. art. VI, § 2. (Revisor of Statutes 1995) | No person shall be qualified to vote or to register to vote who is non compos mentis...unless restored to civil rights. Neb. Rev. Stat. Ann. § 32-313(1) (Revisor of Statutes, 1998) |
| Nevada | No idiot or insane person shall be entitled to the privilege of an elector. Nev. Const. Art. 2, § 1. (Legislative Council, State of Nevada, 1999) | No person admitted to a public or private mental health facility pursuant to this chapter shall, by reason of such admission, be denied the right to...vote...unless such person has been specifically adjudicated incompetent by a court of competent jurisdiction and has not been restored to legal capacity. Nev. Rev. Stat. Ann. § 433A.460(1) (Legislative Council, State of Nevada, 1995) |
| New Hampshire | No Constitutional disqualification. (Michie 1988, Supp. 1999) | No electoral statute disqualification. (Michie 1996, Supp. 1999) |
| New Jersey | No idiot or insane person shall enjoy the right of suffrage. N.J. Const. Art 2, § 6. (West Supp. 1999) | No person shall have the right of suffrage...who is an idiot or is insane. N.J. Stat. Ann. § 19:4-1(1) (West 1999) |
| New Mexico | Except idiots, insane persons. N.M. Const. Art. 7, § 1 (Michie 1992) | “Qualified elector” means any person who is qualified to vote under the provisions of the constitution of New Mexico and the constitution of the United States. N.M. Stat. Ann. § 1-1-4 (Michie 1995) |
| New York | Laws shall be made for ascertaining, by proper proofs, the citizens who shall be entitled to the right of suffrage hereby established, and for the registration of voters. N.Y. Const. Art. 2, § 5 (West Supp. 2000) | No person who has been adjudged incompetent by order of a court of competent judicial authority shall have the right to register for or vote at any election in this state unless thereafter he shall have been adjudged competent pursuant to law. N.Y. Elec. Law § 5-106(6) (West 1998) |
| North Carolina | No Constitutional disqualification. (Michie1999) | Except as otherwise provided in this Chapter, each adult client of a facility keeps the same right as any other citizen of North Carolina to exercise all civil rights, including the right to...register and vote...unless the exercise of a civil right has been precluded by an unrevoked adjudication of incompetency. N.C. Gen. Stat. § 122C-58 (Michie 1996) |
| North Dakota | No person who has been declared mentally incompetent by order of a court or other authority having jurisdiction, which order has not been rescinded, shall be qualified to vote. N.D. Const. Art. 2, § 2 (Michie 1998) | Election statute disqualification repealed. N.D. Cent. Code § 16.1-01-04 (Michie Supp. 1999)
Except upon specific findings of the court, no ward may be deprived of any of the following legal rights: to vote. N.D. Cent. Code § 30.1-28-04(3) (Michie 1996) |
| Ohio | No idiot, or insane person, shall be entitled to the privileges of an elector. Ohio Const. Art 5, § 6 (Anderson Publishing Company 1994) | Adjudicated incompetent for the purpose of voting, as provided in section 5122.301 [5122.30.1] of the Revised Code...Ohio Rev. Code Ann. § 3503.18 (Anderson Publishing Company, 1996) |
| Oklahoma | Subject to such exceptions as the Legislature may prescribe...Okla. Const. Art. III, § 1 (West 1981) | Any person who has been adjudged to be an incapacitated person as such term is defined by Section 1-111 of Title 30 of the Oklahoma Statutes, shall be ineligible to register to vote. When such incapacitated person has been adjudged to be no longer incapacitated such person shall be eligible to become a registered voter. The provisions of this paragraph shall not prohibit any person adjudged to be a partially incapacitated person as such term is defined by Section 1-111 of Title 30 of the Oklahoma Statutes from being eligible to register to vote unless the order adjudging the person to be partially incapacitated restricts such persons from being eligible to register to vote. Okla. Stat. tit. 26, § 4-101(2) (West 1997)
In establishing the specific limitations on the legal activities of a ward for whom a limited guardian of the person is appointed, the court shall make specific determinations regarding the capacity of the subject of the proceeding, including but not limited to determining whether the ward retains sufficient capacity…to vote. Okla. Stat. Ann. Tit 30, § 3-113(b)(1) (West 1991) |
| Oregon | A person suffering from a mental handicap is entitled to the full rights of an elector, if otherwise qualified, unless the person has been adjudicated incompetent to vote as provided by law. Or. Const. Art. 2, § 3 (Butterworth 1998) | Every mentally ill person committed to the Mental Health and Developmental Disability Services Division shall have the right to...[e]xercise all civil rights in the same manner and with the same effect as one not admitted to the facility, including, but not limited to, the right to...vote, unless the person has been adjudicated incompetent and has not been restored to legal capacity. Or. Rev. Stat. § 426.385(1)(n) (Butterworth Supp. 1996)
Every resident shall have the right to exercise all civil rights in the same manner, and with the same effect, as one not admitted to a state training center, including, but not limited to, the right to...vote, unless the resident has been adjudicated incompetent and has not been restored to legal capacity. Or. Rev. Stat. § 427.031(1) (Butterworth 1995) |
| Pennsylvania | No Constitutional disqualification. (West 1994; Supp, 1999) | No electoral statute disqualification. (West 1994; Supp. 1999) |
| Rhode Island | No person who has been lawfully adjudicated to be non compos mentis shall be permitted to vote. R.I. Const. Art. 2, § 1 (Michie 1987) | “Qualified voter” shall mean any person who is eligible to vote under the requirements of age, residence, and citizenship prescribed by the state constitution and who is duly registered to vote, or who is exempt from registration, pursuant to this title, and who is not otherwise disqualified as a voter pursuant to law. R.I. Gen. Laws R.I. § 17-1-2(13) (Michie 1996) |
| South Carolina | The General Assembly shall establish disqualifications for voting by reason of mental incompetence...and may provide for the removal of such disqualifications. S.C. Const. Art. 2, § 7 (Law Co-op 1977) | A person is disqualified from being registered or voting if he...is mentally incompetent as adjudicated by a court of competent jurisdiction. S.C. Code Ann. § 7-5-120(B)(1) (Law Co-op Supp. 1999) |
| South Dakota | Disqualified by law for mental incompetence. S.D. Const. Art. 7, § 2 (Allen Smith 1978) | Not otherwise disqualified. S.D. Codified Laws § 12-3-1 (Allen Smith 1995) |
| Tennessee | No Constitutional disqualification. (Michie 1995; Supp. 1999) | Conservatorship – The rights the court may remove may include, but are not limited to, the right to vote. Tenn. Code Ann. § 34 13-104(8) (Michie 1996)
The following rights of patients and residents apply, whenever appropriate, to both the mentally ill and the mentally retarded:...No patient or resident hospitalized or admitted pursuant to this title shall, solely by reason of such hospitalization or admission, be denied the right to... vote, unless such patient or resident has been adjudicated incompetent by a court of competent jurisdiction and has not been restored to legal capacity. Tenn. Code Ann. § 33-3-104(5) (Michie Supp. 1996) |
| Texas | All persons who have been determined mentally incompetent by a court, subject to such exceptions as the Legislature may take. Tex. Const. Art. 6, § 1 (West 1993, Supp. 2000) | Qualified voter – has not been determined mentally incompetent by a final judgment of a court. Tex. Elec. Code Ann. § 2-11.002(3) (West Supp. 2000)
Register – not have been determined mentally incompetent by a final judgment of a court. Tex. Elec. Code Ann. § 2-13.001(a)(3) (West Supp. 2000) |
| Utah | Any mentally incompetent person...may not be permitted to vote at any election or be eligible to hold office in this State until the right to vote or hold elective office is restored as provided by statute. Utah Const. Art. 4, § 6 (Michie Supp. 1999) | Subject to the general rules of the division, and except to the extent that the director or his designee determines that it is necessary for the welfare of the patient to impose restrictions, every patient is entitled to...exercise all civil rights, including the right to...vote, unless the patient has been adjudicated to be incompetent and has not been restored to legal capacity. Utah Code Ann. § 62A-12-245(1)(c) (Michie 1997) |
| Vermont | Who is not of a quiet and peaceable behavior. Vt. Const. Ch. II, § 42 (Michie 1995) | Subject to the general rules and regulations of the hospital and except to the extent that the head of the hospital determines that it is necessary for the medical welfare or needs of the patient ...or the hospital to impose restrictions, every patient is entitled: to exercise all civil rights, including the right to...vote on his own initiative, unless he has been adjudicated incompetent and has not been restored to legal capacity. Vt. Stat. Ann. tit. 18 § 7705(a)(3) (Michie 1987) |
| Virginia | As prescribed by law, no person adjudicated to be mentally incompetent shall be qualified to vote until his competency has been reestablished. Va. Const. Art. 2, § 1 (Michie 1995) | No person adjudicated incapacitated shall be a qualified voter unless his capacity has been reestablished as provided by law. Va. Code Ann. § 24.2-101 (Michie 1997) |
| Washington | All persons while they are judicially declared mentally incompetent are excluded from the elective franchise. Wash. Const. Art. 6, § 3 (West Supp. 2000) | “Elector” means any person who possesses all of the qualifications to vote under Article VI of the state Constitution. Wash. Rev. Code Ann. § 29.01.065 (West 1993) |
| West Virginia | Who has been declared mentally incompetent by a court of competent jurisdiction...shall be permitted to vote while such disability continues. W. Va. Const. Art. IV, § 1 (Michie Supp. 1999) | But no person who... of unsound mind shall be permitted to vote at such election while such disability continues. W. Va. Code § 3-1-3 (Michie 1999)
Any person who has been determined to be mentally incompetent by a court of competent jurisdiction is dis-qualified and shall not be eligible to register or to continue to be registered to vote for as long as that determination remains in effect. W. Va. Code § 3-2-2(b) (Michie 1999) |
| Wisconsin | Excluding from the right of suffrage persons...Adjudged by a court to be incompetent or partially incompetent, unless the judgment specifies that the person is capable of understanding the objective of the elective process or the judgment is set aside. Wis. Const. Art. 3, § 2(4)(b) (West Supp. 1999) | The following persons shall not be allowed to vote in any election and any attempt to vote shall be rejected...Any person who is incapable of understanding the objective of the elective process or under guardianship pursuant to the order of a court under ch. 880, except that when a person is under limited guardianship, the court may determine that the person is competent to exercise the right to vote. Wis. Stat. § 6.03(1)(a) (West 1996)
In accordance with s. 6.03(3), any elector of a municipality may petition the circuit court for a determination that a person residing in such a municipality is incapable of understanding the objective of the elective process and thereby ineligible to register to vote or to vote in an election. This determination shall be made by the court in accordance with the procedures set forth in ss. 880.08(1) and 880.33 for determining limited incompetency. When a petition is filed under this subsection, the finding of the court shall be limited to a determination as to voting eligibility. The appointment of a guardian or limited guardian is not required for a person whose sole limitation is ineligibility to vote. Wis. Stat. Ann. §880.07(3) In a finding of limited incompetency, guardianship of the person shall be limited in accordance with the order of the court accompanying the finding of incompetence…The court shall make a specific finding as to which legal rights the person is competent to exercise. Such rights include but are not limited to the right to vote. Wis. Stat. Ann. §880.33(3) (West 1991) All the rights and privileges afforded a proposed incompetent under this section shall be given to any person who is alleged to be ineligible to register to vote or to vote in an election by reason that such person is incapable of understanding the objective of the elective process. The determination of the court shall be limited to a finding that the elector is either eligible or ineligible to register to vote or to vote in an election by reason that the person is or is not capable of understanding the objective of the elective process. The determination of the court shall be communicated in writing by the clerk of court to the election official or agency charged under s. 6.48, 6.92, 6.925 or 6.93 with the responsibility for determining challenges to registration and voting which may be directed against that elector. The determination may be reviewed as provided in s. 880.34(4) and (5) and any subsequent determination of the court shall be likewise communicated by the clerk of court. Wis. Stat. Ann. §880.33(9) (West 1991) |
| Wyoming | All persons adjudicated to be mentally incompetent or persons convicted of felonies, unless restored to civil rights, are excluded from the elective franchise. Wyo. Const. Art. 6 § 6 (Michie 1999) | No person is a qualified elector who is a currently adjudicated mentally incompetent person. Wyo. Stat. Ann. § 22-1-102(a)(xxvi) (Michie 1999) |
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Published on the Web site of the Institute on Community Integration, University of Minnesota (http://ici.umn.edu) Citation: Schriner, K. and Ochs, L. (2000). “No Right is More Precious”: Voting Rights and People with Intellectual and Developmental Disabilities. Policy Research Brief (University of Minnesota: Minneapolis, Institute on Community Integration), 11(1). |