Voting is a fundamental right. People with disabilities should have the same access and opportunities to have their voices heard as all other eligible individuals. However, disabled voters often face discriminatory barriers when exercising their right to vote, in violation of state and federal laws, including:
- Inaccessible polling places (physical and visual)
- Lack of access to private, independent absentee voting for people with print disabilities
- Impermissible restrictions or disqualification due to “mental incapacity” or guardianship status
- Restrictions on voter assistance
- Restrictions on voting for people who are confined in institutions
CPR is committed to ensuring that people with disabilities are not prevented from voting due to their disabilities. Voting has been on CPR’s radar for nearly 50 years both in the courts and in scholarly articles. In CPR’s first voting rights case in 1975, the Supreme Judicial Court of Massachusetts held that residents of a state institution could not be disenfranchised (made ineligible to vote) simply because they were institutionalized. Doing so “would tend to deprive numerous persons of a basic right of citizenship.” Boyd v. Registrars of Voters, 334 N.E.2d 629 (Mass. 1975). In 1993, CPR’s founder, Steven Schwartz, published a law review article in the University of Miami Law Review, arguing in part that if a person can make a choice about who or what to vote for, then their “competency” should not be a consideration.
CPR’s work to prevent discrimination against voters with disabilities and ensure they have equal access to the ballot continues. In this time where voter suppression tactics have dramatically increased, CPR’s efforts are an important part of the larger civil rights community’s fight to prevent marginalized voices from being silenced.