TRENTON, NJ — Public Advocate Ronald K. Chen announced today that his Department is spearheading a campaign of advocacy and education to protect the voting rights protection of people with disabilities in New Jersey on Election Day.

The Department has broadly circulated an informational letter from Chen that is specifically aimed at educating voters with disabilities about their rights.  Voters with disabilities have been encouraged to bring the voter education letter with them when they go to the polls on Election Day, and to seek the Department’s assistance if they face any problems related to voting.  The education campaign also has contacted county election officials and urged them to educate local poll workers on the rights of individuals with disabilities.

To assist voters directly, the Public Advocate has mobilized more than 50 volunteer attorneys from the private sector, who will be available to represent voters with disabilities if they confront problems at the polls on Nov. 7.   In addition, more than a dozen staff attorneys from the Department will be assigned to monitor Election Day activities in counties throughout the state and to provide information to voters and assist them as requested.

Voters with disabilities who are in need of legal assistance on Election Day are urged to contact the Department at 609-826-5090.  Additionally, any voter who encounters a problem exercising the right to vote at the polls on Election Day should contact the Department.

Voters with disabilities have historically battled a number of problems when visiting the polls.

Common problems range from polling sites located in inaccessible buildings to misinformed poll workers who improperly turn away voters from the polling place.

The Public Advocate explained in his letter that the law guarantees people with disabilities the right to vote without any encumbrances and that reasonable accommodations must be made at the polls to allow those individuals to cast their ballots.

Under New Jersey law, only a judge can stop a person from voting because of a concern about capacity. Before deciding a person lacks the capacity to vote, a judge must first hear evidence from a doctor or other expert that proves the person is not able to understand what voting is and cannot form an opinion about the choices on the ballot.

“This does not mean that a person with a disability has to prove that he or she understands how government works or has a good reason for voting a certain way,” Chen said.  “No voter can be asked those types of questions.”

The letter has been distributed to individuals with disabilities, self-advocacy organizations, community-based groups that serve individuals with disabilities, and state-run programs for people with disabilities.

The Public Advocate sent a letter to attorneys who practice in New Jersey to join the Department of the Public Advocate’s efforts to address “any disenfranchisement of people with disabilities and to ensure that voters with disabilities in our State can exercise their right to vote privately and independently at the polls on Election Day”.

 “I am gratified by the response we have received from the private bar.  Dozens of attorneys have offered to help us in this effort to protect voting rights by offering their help, at no charge, to assist voters with disabilities assert their rights on Election Day 2006,” said Chen.

A Letter to New Jersey Voters with Disabilities from Ronald K. Chen, Public Advocate

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