New Jersey Public Advocate Reminds People with Disabilities of Their Right to Vote

Sends letters to disabled citizens, long-term care facilities, developmental centers, group homes and psychiatric hospitals

TRENTON -- Public Advocate Ronald K. Chen announced today that his Department has broadly circulated an informational letter that seeks to educate voters with disabilities about their voting rights and gives specific instructions on what to do if they are denied the ability to vote on Election Day for any reason.

Voters with disabilities are 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. 

Attorneys from the Public Advocate are deployed at court houses throughout New Jersey on Election Day to assist voters who believe they have been incorrectly denied the ability to vote.

"In New Jersey, thousands of voters have disabilities that can affect their experience when they go vote at a polling place on Election Day, or vote by mail prior to Election Day. I am writing to make sure that voters with disabilities in our State know about their right to vote," the letter, signed by Chen, states.

The letter addresses registration deadlines, outlines how voters can vote by mail, and describes voters' rights at the polls.

The information was sent to: 

• Trade groups representing over 115 providers of housing and support services for people with developmental disabilities;  
• The State's seven developmental centers, where over 2,700 people with developmental disabilities reside;  
• The State's nine regional community service offices, where people with developmental disabilities can apply for services;  
• The five state psychiatric hospitals, where about 1,900 citizens reside;  
• The six county psychiatric hospitals, where about 400 citizens reside; 
• About 420 assisted living facilities, comprehensive personal care homes and residential health care facilities; 
• More than 380 nursing homes; and
• Advocacy organizations for people with disabilities.

According to the letter, a person cannot be denied the right to vote simply because: 

• the person has a disability (intellectual, physical, or psychiatric), OR  
• the person has a legal guardian, OR  
• the person lives in an institution, group home, supported apartment, or other residential facility that serves people with disabilities.

The only way a person can be disqualified from voting for incapacity is if a judge, after a hearing that includes expert testimony, determines that the person is incapable of understanding the act of voting.

In order to be allowed to vote, a voter with a disability has to meet the same criteria as everyone else. He or she must:

• be 18 years old
• be a citizen of the United States
• not be serving a sentence of incarceration, probation or parole for an indictable offense
• have registered to vote according to law
• vote on Election Day at the polling place set up for the area where the person lives, or vote by mail before Election Day.

Voters with disabilities who are in need of legal assistance on Election Day are urged to contact the Department at 609-826-5090.

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

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