Johnson: Voting is a right and responsibility of all Americans
Election Day, Tuesday, Nov. 3, will soon be here. Regardless of your political persuasion, voting is a defining virtue of American society, a fundamental right and civic responsibility of all Americans.
Unfortunately, the legal framework protecting the voting rights of individuals with behavioral health disorders still sometimes fail to prevent these vulnerable people from being excluded from the political process.
The 15th, 19th, 24th, and 26th amendments to the U.S. Constitution together affirm that no citizen can be denied the right to vote on the basis of race, gender, ability to pay poll taxes, or age. However, they do not specifically grant the right to vote to those with behavioral health disorders. Several pieces of Federal legislation, including the Voting Rights Act of 1965, the National Voter Registration Act of 1993 and the Help American Vote Act of 2002, include provisions relevant to individuals with behavioral health disorders but use ambiguous language.
As in many other states, in Michigan, our state constitution allows the legislature to prohibit voting among individuals deemed mentally incapacitated. Many people confuse this term, a legal determination made by a judge, with mental illness. However, the vast majority of people with mental illness are not determined mentally incapacitated and thus have the same voting rights as everyone else.
The Americans with Disabilities Act (ADA) provides the most robust protection for people with disabilities, requiring that both state and public governments ensure that people with disabilities have an equal opportunity to vote. In particular, it prohibits the establishment of practices that would prevent individuals from voting based on residence in a hospital, group home, or developmental disabilities center. However, in spite of these provisions, in practice many individuals with behavioral disorders still face barriers to exercising their franchise. There are several reasons for this.
People with behavioral health disorders and other disabilities are less likely than the average American to vote. Several studies show that because individuals with depressive symptoms are less active, interested and confident, they are less politically engaged and less likely to vote. These same studies suggest that, facing the burden of many additional tasks related to their disorder, many people with behavioral health disorders fail to vote because it is just one task too many.
However, the chief explanation appears to be with the access to polling places. All voters have the right to vote in person at polling places and while state and federal laws require an absence of physical barriers at polling places, in practice this is difficult to enforce and voters with disabilities still sometimes encounter difficulty at their polling place. For example, nationwide the Federal Election Commission reports that more than 20,000 polling places are not fully accessible. Because of this, people who require special access to the polls should call their local clerk's office ahead of time to make sure their voting site is free of obstructions. Also, the Michigan Bureau of Elections now has an Ombudsperson for Accessible Elections to respond to and assist individuals with behavioral health or other disabilities attempting to vote. The Ombudsperson for Accessible Elections can be contacted at 800-292-5973, ext. 3 or by email at MDOS-ADAVoting@Michigan.gov.
There are some important dates everyone who plans to vote should be aware of. First, Sept. 24 marked the beginning of the period that Michiganders can vote by absentee ballot. Voters can request an absentee ballot through Oct. 30 by completing an online application at Michigan.gov/Vote or by submitting a completed application to their local clerk, whose name and location can also find at Michigan.gov/Vote. Absentee ballots need to be returned by mail with a postmark no later than Nov. 3 or in person to their local clerk’s office. In addition, while people can register in person up to Election Day at designated locations in each town, usually the clerk’s office, it is best to register by the Oct. 19 deadline for both online registration and postmarked registration by mail by Oct. 19. Please note that in Michigan registration is not available at your polling place! For detailed information about voting in Michigan, go to the Michigan Voter Information Center at Michigan.gov/vote.
It is also important to know that to vote in person you must show a legal photo ID or sign an affidavit under pain of perjury. A legal ID includes a driver’s license, state identification card, current U.S. passport, current military ID, or current student photo ID card issued by a Michigan high school or college. One of the largest populations of citizens without photo IDs are people with behavioral health disorders.
Voting is a both a right and a responsibility. Be sure to vote this year and if you know anyone with behavioral health disorders or other disabilities, ask if they need any assistance voting as well.
Debra B. Johnson is the executive director of St. Clair County Community Mental Health.