Implementing a capacity metric for those with diminished mental capacity comes with inherent risks. Ideally, states should amend their constitutions and statutes to remove voting restrictions based on mental incapacity. Realistically, for states that wish to continue implementing voting restrictions based on mental incapacity, they should implement the ABA’s recommendation absent the third criterion. This method would serve to create uniform standards implemented by the judiciary and deter informal gatekeeping. Mobilization and advocacy through education and non-legislative initiatives should occur to promote enfranchisement and encourage those with diminished mental capacity to vote, thereby cementing their inclusion in society and dismantling the continuation of stigma.
Voting-Rights-for-People-with-Diminished-Mental-CapacityVoting Rights for People with Diminished Mental Capacity
