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Hi, I'm Amy Messer Legal Director of the Disabilities Rights Center
Today's show is all about voting.
The right to vote is a critical way of voicing your opinion
on issues that matter to you.
In voting for national and local leaders,
you have the opportunity to raise your voice
for health care, education, the economy,
accessibility or the many other areas the government affects.
Interestingly the U.S. Constitution says little about the right to vote.
Certain constitutional amendments address voting,
such as the right to vote at 18,
or that individuals cannot be excluded from voting based on race or gender.
Largely, however, eligibility for voting is left up to individual states.
In New Hampshire, our State Constitution protects the right of people with disabilities to vote
by providing that voting registration and polling places
shall be accessible to ALL individuals including the disabled and elderly.
You will hear later in this program
about some of the steps the State has taken to ensure this responsibility is met.
You should be aware that the only way a person with a disability,
who is otherwise legally eligible to vote, can have that right taken away
is by Court Order through a guardianship proceeding.
What is important here is that
you do not lose your right to vote
simply because you may be under guardianship.
You can only lose that right by an express finding of the Court
that you are incapable of exercising that right.
This would also need to be in the Guardianship Letter issued by the Court.
Both Guardians, and those under guardianship, should recognize that individuals with disabilities have the right to vote
and only if a Court removes that right should a person not be allowed to vote.
Guardians are under a duty to safeguard to the greatest extent possible
all the civil rights of an individual under guardianship.
Individuals with disabilities and others
should be aware that there can be no competency test
given at polling places or places of registration,
and there should be no other interference with the right to vote.
Congress has also sought to protect the right to vote
for individuals with disabilities by passing the Help America Vote Act.
This Act included provisions expressly designed
to ensure voting access for people with disabilities.
It includes provisions such as federal funds
to ensure that polling places are accessible to the same extent as for any other voter.
It includes provisions for outreach programs
to provide information about accessibility,
and ensures every polling place have a voting system
accessible to individuals with disabilities in a manner
that provides the same opportunity for access and participation as for any other voter.
So, in this election season, exercise your right to vote.
Should you have any questions about this,
or if problems arise on voting day,
please feel free to contact the DRC