Angry about a thread pushing voting restrictions

[arlyellowdog]

I wrote a longer reply. My adult son is “mentally retarded” (DD and autistic) in a community group home. My late husband and I fought for his right to placement in the community under the Olmsted Decision by beloved Judge Ginsberg. However, we were required to go to court and declare guardianship. The judge took my son’s voting rights away. He cannot read the Constitution, but he voted for “Obama, a good man.” I would have to pay thousands to get his voting rights restored and go to court and have him investigated. I did not do this because so may people do not understand autism. My son is as aware as a lot of people who voted in the last election. If any facility is abusing DD or elderly people, go after the facility and shut it down. Get a good community alternative going, but preserve voting rights for the disabled community. Drop the idea of going after disabled voters.

[Skittles]

1. I am curious, why did the judge take away his voting rights

my austistic brother is an avid reader and does not like Trump - that sounds to me like he has a sound mind; yes indeed

[wishstar]

3. Disabled people under guardianship often lose voting rights

https://www.abajournal.com/magazine/article/disabled_guardianship_voting_rights/

"In the 39 states and Washington, D.C., where it is allowed, there is no generally accepted standard probate judges use to determine whether people under guardianship should retain or lose voting rights. Archaic language in some state constitutions identifies the “idiots and insane” as those who should lose their voting rights. Others have election laws that disqualify those who have been adjudicated incompetent, incapacitated or of “unsound mind.”

The existing laws are largely applied unevenly, says Michelle Bishop, disability advocacy specialist for voting rights at the National Disability Rights Network.

“Whether or not you lost the right to vote can depend on the county you live in, what judge you have, how supportive your guardian is. ...

[left-of-center2012]

2. Perhaps I do not understand

Are you saying there was a thread on Democratic Underground pushing voting restrictions?

[Pacifist Patriot]

9. I don't believe so. I think it is an honest misunderstanding.

The other OP replied to clarify, but this OP was posted prior to that response.

[abqtommy]

4. I'm saddened by reading about your experience. I've been the primary caregiver of my 38-year-old

autistic son and since the year 2000 he has lived with me. He's now blind but we always go to vote together. At one time I looked into the possibility of going to court and obtaining power of attorney over his affairs but found out that this doesn't always work out in the best way. So we go on the best we can. I take care of his money and his affairs and I always tell people that I'm his Dad and they can deal with me. It's not the best situation but it works for us.

I agree that we should defend all the rights of disabled persons, including the right to vote.

[Pacifist Patriot]

5. I saw that thread and honestly think you are misunderstanding it.

I did not see the OP seeking to deny voting rights to anyone. The OP was raising the issue of vulnerable voters being taken advantage of. That absolutely does happen and we need to do something about it, but disenfranchisement of the vulnerable was not a suggested solution.

In fact, in a reply to you the OP made it clear in bold type that they were not in favor of denying voting rights to anyone and asked how we could get your son's voting rights restored. I understand your ire, but I think it is misplaced and this post does a disservice to the OP on the other thread.

[arlyellowdog]

7. I totally understand

Making this an issue is wrong

[Pacifist Patriot]

8. Then I don't understand you.

The practice described in that OP was clearly voter fraud and taking advantage of the infirm. Why would anyone be in favor of that? It undermines the integrity of our elections and human beings simultaneously.

The solution to the problem is not disenfranchising voters, and that wasn't even suggested. The solution is holding people accountable who circumvent the system by casting votes for their personal choices multiple times using the ballots of legitimate voters who are unaware that is happening. People in such places of authority should not exploit that ability for their own ends.

[arlyellowdog]

11. Pray for us Oh Stacey Abrams

Even the term, “taking advantage of the infirm” is offensive. It is a Republican lie that when Democrats go into nursing homes and care facilities and bus residents to vote or help them fill out ballots, they are cheating. In fact, that was a big charge of fraud in Georgia. People were saying that Democrats need to fight against supposed “voter fraud” among disabled or elderly populations. That is a Republican ploy. If there is a problem with a care facility, then go after the individual facility because there would certainly be other areas of abuse. But, stifling voter outreach to elderly and disabled is definitely a Republican goal, one that was pushed in courts. In addition, targeting the votes of elderly and disabled is against everything we are fighting for.

[Pacifist Patriot]

12. I suppose it is entirely possible my view is colored by what my aunt...

and the staff member of the nursing home did to my grandparents.

"If there is a problem with a care facility, then go after the individual facility because there would certainly be other areas of abuse."

I think that's part of what the OP was talking about though. If people don't know this can and does happen they won't know that is one of the things to vet about a facility and take steps to make sure it doesn't happen to their loved ones.

Although I know it happens, I do have a hard time believing it happens on a wide enough scale to impact the outcome of elections. Regardless of scope and scale though, I don't want it to happen to anyone and it certainly seemed like neither does that OP.

[arlyellowdog]

6. Thank you, I think the issue of guardianship is tricky

We paid a lot of money to become my son’s guardians. It really is catch 22. We needed him to be judged incompetent for us to have decision making power, but the attorneys and the judge just routinely assumed that meant he was incompetent to vote. If you get guardianship, make clear that you mist preserve your child’s right to vote. We, Democrats, do not stand for poll tests. Fox News viewers have the right to vote. A person with autism or cerebral palsy may not be able to take a quiz, but that does not mean they don’t understand. As I get older, I want my children to steady my shaking hand to fill in my absentee ballot. Republicans fight tooth and nail against bus rides to the polls or any assistance for elderly and disabled voters. Questioning the votes of these populations is not right for Democrats. If there is a specific incidence of Republicans coming voter fraud, close down that facility.

[Kaleva]

10. In Michigan, a person judged mentally incompetent does not lose the right to vote

http://www.bazelon.org/wp-content/uploads/2017/11/2016_State-Laws-Affecting-Voting-Rights-of-PWD.pdf