Voting Rights Complaint
News Stories
 


 
Filed with the United States Department of Justice
on July 10, 2014
for Violations by the Los Angeles Superior Court
 


This Disability and Abuse Project of Spectrum Institute has filed a voting rights complaint with the United States Department of Justice.  It alleges that the Los Angeles Superior Court has routinely and systematically engaged in activities that violate the civil rights of people with developmental disabilities. 

Violations of the Voting Rights Act and the Americans with Disabilities Act are alleged in the 100-page complaint.  Victims are identified as adults who have had or who will have a limited conservator appointed by the Probate Court.

Limited conservatorships are a form of adult guardianship.  Petitions for limited conservatorship are generally filed by parents or other relatives of adults with developmental disabilities because the parent or relative believes the adult in question lacks the capacity to make decisions in one or more major life areas: financial, medical, educational, marital, sexual, or social. 

The issue of capacity to vote is raised in each new case after a petition for conservatorship is filed.  A test is used by petitioners, attorneys, court investigators, and judges to decide whether a conservatee should be disqualified from voting.


The test is whether the adult in question is able to complete an affidavit of voter registration.  Judges have told attorneys who represent people with developmental disabilities that the adult must be able to complete the affidavit on his or her own and may not have someone else fill out the form for them.

The federal Voting Rights Act prohibits states from using any test to determine eligibility to vote.  The federal Americans with Disabilities Act requires states to allow an adult with a disability to have someone help them in the voting process.

The Los Angeles Superior Court, including its investigators, judges, and court-appointed attorneys are ignoring the clear mandates of these federal laws.  As a result, thousands of people with developmental disabilities have unnecessarily and improperly been denied the right to vote in Los Angeles County.

The complaint documents these illegal practices and asks the Department of Justice to intervene so that the voting rights of past victims are reinstated.  It also asks the Attorney General to require the court to stop using a test for voter eligibility in the future.  A successful resolution of this case has statewide and national implications.    


Links to Relevant Materials:
 
Press Release Issued on July 10
 
Letter to Attorney General Eric Holder
 
Complaint  /  Exhibits
 
Voting Rights Conference Report
 
Federal and State Law Compared
 


Statements:

Teresa Thompson, Ph.D.
 
Stephen L. (with photo)
 
Nora J. Baladerian, Ph.D.
 
Thomas F. Coleman
 
Letter to Senator Boxer
 

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Click here to learn how to help them get their voting rights back.
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AP Photo: Press Conference at Federal Courthouse on July 10, 2014

Thomas Coleman, right, with Robert Doriah, speaks at news conference Thursday July 10, 2014 in Los Angeles to propose full voting rights and access for the disabled. A Voting Rights Act complaint submitted Thursday to the U.S. Justice Department in Los Angeles goes to a politically delicate subject that states have grappled with over the years: Where is the line to disqualify someone from the voting booth because of a cognitive or developmental impairment? (AP Photo/Nick Ut)
 

Thanks to attorney Marc Dubin, Director of Advocacy, Center for Independent Living of South Florida, for his advice.