# Are the mentally impaired allowed to vote? **URL:** \ **Category:** Factual Questions\ **Created:** [May 27, 2003, 8:48pm UTC](https://boards.straightdope.com/t/are-the-mentally-impaired-allowed-to-vote/177867 "2003-05-27T20:48:59Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [May 27, 2003, 8:48pm UTC](https://boards.straightdope.com/t/are-the-mentally-impaired-allowed-to-vote/177867/1 "2003-05-27T20:48:59Z")
Firstly, I’m not sure what is acceptable usage these days when talking about mental impairments, so no offense is meant. What are the laws governing whether people with various mental impairments are allowed to vote: 1. Mental retardation 2. Down’s Syndrome (as distinct from #1) 3. Someone with severe trauma to the head that has significanly impaired mental ability. Assuming the person in question is of legal voting age. Primarily interested in the situation in the US, but curious as well about how it is handled in other countries. ---
**Author:** ![x-ray\_vision](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/x-ray_vision/32/351_2.png) [@x-ray\_vision](https://boards.straightdope.com/u/x-ray_vision)\ **Post date:** [May 27, 2003, 9:03pm UTC](https://boards.straightdope.com/t/are-the-mentally-impaired-allowed-to-vote/177867/2 "2003-05-27T21:03:39Z")
some info [here](http://www.iamaw.org/territories.asp?c=334) ---
**Author:** ![stuyguy](https://avatars.discourse-cdn.com/v4/letter/s/ec9cab/32.png) [@stuyguy](https://boards.straightdope.com/u/stuyguy)\ **Post date:** [May 27, 2003, 9:14pm UTC](https://boards.straightdope.com/t/are-the-mentally-impaired-allowed-to-vote/177867/3 "2003-05-27T21:14:54Z")
> [@](#): > > Are the mentally impaired allowed to vote? Yes. They’re called Democrats. [Yuk, yuk. C’mon someone had to do it. Grinny.] ---
**Author:** ![Sengkelat](https://avatars.discourse-cdn.com/v4/letter/s/e36b37/32.png) [@Sengkelat](https://boards.straightdope.com/u/Sengkelat)\ **Post date:** [May 27, 2003, 9:17pm UTC](https://boards.straightdope.com/t/are-the-mentally-impaired-allowed-to-vote/177867/4 "2003-05-27T21:17:02Z")
Funny, stuyguy, I was going to say “Not sure, but they apparently can hold office.” ---
**Author:** ![UrbanChic](https://avatars.discourse-cdn.com/v4/letter/u/9dc877/32.png) [@UrbanChic](https://boards.straightdope.com/u/UrbanChic)\ **Post date:** [May 27, 2003, 9:21pm UTC](https://boards.straightdope.com/t/are-the-mentally-impaired-allowed-to-vote/177867/5 "2003-05-27T21:21:17Z")
I just called my aunt who worked for BARC and now works for another agency that works with the mentally challenged. She assured me they can vote. ---
**Author:** ![Cerowyn](https://avatars.discourse-cdn.com/v4/letter/c/82dd89/32.png) [@Cerowyn](https://boards.straightdope.com/u/Cerowyn)\ **Post date:** [May 27, 2003, 9:24pm UTC](https://boards.straightdope.com/t/are-the-mentally-impaired-allowed-to-vote/177867/6 "2003-05-27T21:24:45Z")
> [@](#): > > \*Originally posted by stuyguy \* > **C’mon someone had to do it.** Really? Are you sure? In **GQ**? :wally Getting back to the OP… In Canada, mentally disabled people weren’t [“re-enfranchised”](http://www.elections.ca/youth/english/el_039_e.html) until our new Canadian Charter of Rights & Freedoms in 1982. ---
**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\ **Post date:** [May 27, 2003, 9:24pm UTC](https://boards.straightdope.com/t/are-the-mentally-impaired-allowed-to-vote/177867/7 "2003-05-27T21:24:49Z")
Since there’s no Constitutional protection for mentally disabled people voting, I believe this would be purely a matter of state law. Looking up each state’s laws regarding mental disabilities and voting rights is left as an exercise for the reader. ---
**Author:** ![barbitu8](https://avatars.discourse-cdn.com/v4/letter/b/839c29/32.png) [@barbitu8](https://boards.straightdope.com/u/barbitu8)\ **Post date:** [May 27, 2003, 9:39pm UTC](https://boards.straightdope.com/t/are-the-mentally-impaired-allowed-to-vote/177867/8 "2003-05-27T21:39:08Z")
As **friedo** stated, that’s a matter of state law. The one state law cited in this thread says only if the person is adjudicated to be mentally incompetent and has not regained his mental competency. This is consonant with the general rule as far as person being able to act. _Sui juris_ is the legal term, meaning possessing full social and civil rights; not under any legal disability. Generally, you are not under any legal disability until a court says you are. ---
**Author:** ![handy](https://avatars.discourse-cdn.com/v4/letter/h/b5a626/32.png) [@handy](https://boards.straightdope.com/u/handy)\ **Post date:** [May 27, 2003, 9:39pm UTC](https://boards.straightdope.com/t/are-the-mentally-impaired-allowed-to-vote/177867/9 "2003-05-27T21:39:52Z")
I think that every american citizen of the right age has the right to vote. Why wouldn’t they be allowed to? ---
**Author:** ![Captain\_Amazing](https://avatars.discourse-cdn.com/v4/letter/c/6de8d8/32.png) [@Captain\_Amazing](https://boards.straightdope.com/u/Captain_Amazing)\ **Post date:** [May 27, 2003, 9:49pm UTC](https://boards.straightdope.com/t/are-the-mentally-impaired-allowed-to-vote/177867/10 "2003-05-27T21:49:56Z")
> [@](#): > > \*Originally posted by handy \* > \*\*I think that every american citizen of the right age has the right to vote. Why wouldn’t they be allowed to? \*\* Because states are allowed to set restrictions on who can vote, so long as there’s nothing in the Constitution keeping them from setting those restrictions. So, in some states, ex-felons can’t vote, for example. Then, of course, there are the residents of territories, who are US citizens, but can’t vote (for President). ---
**Author:** ![Derleth](https://avatars.discourse-cdn.com/v4/letter/d/b9e5f3/32.png) [@Derleth](https://boards.straightdope.com/u/Derleth)\ **Post date:** [May 27, 2003, 9:51pm UTC](https://boards.straightdope.com/t/are-the-mentally-impaired-allowed-to-vote/177867/11 "2003-05-27T21:51:25Z")
> [@](#): > > \*Originally posted by handy \* > \*\*I think that every american citizen of the right age has the right to vote. Why wouldn’t they be allowed to? \*\* Well, felons lose the franchise. It’s part of their punishment, at least while they’re behind bars. I can’t imagine a comatose person casting a meaningful ballot, but I’m sure some manage to in some states. Of course, you need a minimum of brains to register and actually make the decision to hie thee to a polling place on time. I believe _that_ is the Major Determinant in this country. ---
**Author:** ![barbitu8](https://avatars.discourse-cdn.com/v4/letter/b/839c29/32.png) [@barbitu8](https://boards.straightdope.com/u/barbitu8)\ **Post date:** [May 27, 2003, 9:52pm UTC](https://boards.straightdope.com/t/are-the-mentally-impaired-allowed-to-vote/177867/12 "2003-05-27T21:52:19Z")
**handy** , > [@](#): > > CALIFORNIA > > Register to Vote > You must: > > Be a citizen of the United States > Be a resident of California > Be at least 18 years of age at the time of the next election > Not be imprisoned or on Parole for the conviction or a felony > Not currently be judged mentally incompetent by a court of law. From \*\*x-ray vision’s \*\* cite, and this, from a cursory glance at the link, appears to be the law in all the states. ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [May 27, 2003, 9:54pm UTC](https://boards.straightdope.com/t/are-the-mentally-impaired-allowed-to-vote/177867/13 "2003-05-27T21:54:24Z")
> [@](#): > > \*Originally posted by handy \* > \*\*I think that every american citizen of the right age has the right to vote. Why wouldn’t they be allowed to? \*\* I don’t know. Is someone with Down’s syndrome allowed to have a driver’s license? I’m completely ignorant on this. It has come up a few times in GD, and I’ve always assumed that someone who is severely mentally retarded couldn’t vote. Not sure how I see that it makes sense to allow this and not allow a 17 yr old. Of course you have the sticky problem of defining mental ability. Where do you draw the line? I really don’t know and am interested in how this is handled. ---
**Author:** ![Derleth](https://avatars.discourse-cdn.com/v4/letter/d/b9e5f3/32.png) [@Derleth](https://boards.straightdope.com/u/Derleth)\ **Post date:** [May 27, 2003, 9:54pm UTC](https://boards.straightdope.com/t/are-the-mentally-impaired-allowed-to-vote/177867/14 "2003-05-27T21:54:29Z")
Triple-simulpost. _Someone_ needs to get out more. 😃 ---
**Author:** ![Derleth](https://avatars.discourse-cdn.com/v4/letter/d/b9e5f3/32.png) [@Derleth](https://boards.straightdope.com/u/Derleth)\ **Post date:** [May 27, 2003, 9:54pm UTC](https://boards.straightdope.com/t/are-the-mentally-impaired-allowed-to-vote/177867/15 "2003-05-27T21:54:29Z")
Triple-simulpost. _Someone_ needs to get out more. 😃 ---
**Author:** ![manhattan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/manhattan/32/7_2.png) [@manhattan](https://boards.straightdope.com/u/manhattan)\ **Post date:** [May 27, 2003, 11:23pm UTC](https://boards.straightdope.com/t/are-the-mentally-impaired-allowed-to-vote/177867/16 "2003-05-27T23:23:18Z")
> [@](#): > > \*Originally posted by stuyguy \* > \*\*Yes. They’re called Democrats. > > [Yuk, yuk. C’mon someone had to do it. Grinny.] \*\* No, you really didn’t. We’re trying to run a factual forum here, thanks. ---
**Author:** ![x-ray\_vision](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/x-ray_vision/32/351_2.png) [@x-ray\_vision](https://boards.straightdope.com/u/x-ray_vision)\ **Post date:** [May 27, 2003, 11:24pm UTC](https://boards.straightdope.com/t/are-the-mentally-impaired-allowed-to-vote/177867/17 "2003-05-27T23:24:54Z")
From [this](http://www.sptimes.com/State/113098/Debate_surrounds_voti.html) site: > [@](#): > > Developmentally disabled citizens are eligible to vote unless a court has specifically found them to be mentally incompetent, which is rare. Even if someone has a legal guardian making many major decisions for them, they can still vote unless a court rules otherwise. ---
**Author:** ![x-ray\_vision](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/x-ray_vision/32/351_2.png) [@x-ray\_vision](https://boards.straightdope.com/u/x-ray_vision)\ **Post date:** [May 27, 2003, 11:31pm UTC](https://boards.straightdope.com/t/are-the-mentally-impaired-allowed-to-vote/177867/18 "2003-05-27T23:31:07Z")
From the moderator’s notes on General Questions (bolding mine): These rules are not meant to discourage threads or posts! The SDMB and this forum in particular rely on a constant stream of high-quality questions, accurate answers and **witty wisecracks** to stay alive. In particular, if you have a **good joke that fits in an existing thread** , go right ahead and post it. ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [May 28, 2003, 12:01am UTC](https://boards.straightdope.com/t/are-the-mentally-impaired-allowed-to-vote/177867/19 "2003-05-28T00:01:55Z")
X-ray: Thanks! Both cites were very informative. I’m starting to think that the difficulties that would entail if we tried to restrict the vote would not be worth the potential abuses, given the relatively small number of individuals involved and the fact that both sides of any issue could easily find their willing supporters among the mentally impaired. ---
**Author:** ![stuyguy](https://avatars.discourse-cdn.com/v4/letter/s/ec9cab/32.png) [@stuyguy](https://boards.straightdope.com/u/stuyguy)\ **Post date:** [May 28, 2003, 12:59am UTC](https://boards.straightdope.com/t/are-the-mentally-impaired-allowed-to-vote/177867/20 "2003-05-28T00:59:14Z")
> [@](#): > > …In particular, if you have a good joke that fits in an existing thread, go right ahead and post it… **x-ray** , you’re my hero! [Non-partisan grinnies to all, even Mister Manny the mean ol’ moderator.] [Next page](https://boards.straightdope.com/t/are-the-mentally-impaired-allowed-to-vote/177867.md?page=2)