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PASSED: Disabled Voters Act
#1

Disabled Voters Act
A resolution to increase democratic freedoms.
Category: Furtherment of Democracy | Strength: Significant

Description: The General Assembly,


Recognizing
that many citizens of member states, in effect, are unjustly deprived of their voting rights because of common physical or mental impairments, such as blindness, that have absolutely no effect on their capacity for making reasoned choices,

Wishing
to pass legislation preventing such forms of disenfranchisement,

Seeking
to provide reasonable accommodations that enable such people to exercise their democratic freedom,

1. Declares that no person who is otherwise qualified to vote shall be denied the right to vote in a public election on account of blindness, deafness, developmental reading disorder, developmental coordination disorder, limited mobility, or any other physical or mental impairment that does not diminish general intelligence;

2. Requires that member states and their political subdivisions, in all public elections, allow any person covered by Section 1 the freedom to receive assistance in voting from an individual whom he or she has selected freely;

3. Permits member states and their political subdivisions, at their legal discretion, to prevent an individual from rendering assistance under Section 2 if that individual is:
  1. younger than the national or local age of majority;
  2. ineligible to vote because of a criminal conviction;
  3. guilty of committing electoral fraud in the past;
  4. the employer or an agent of the employer of the impaired person;
  5. an agent of the labor union or professional association of the impaired person;
  6. an agent of a political party or a political campaign; or
  7. an agent of the government or one of its instrumentalities;
Provided that no adult family member or cohabitant shall be denied the ability to render assistance if he or she is selected freely by the person who is receiving assistance;

4. Directs member states and their political subdivisions to make good-faith efforts to ensure that all persons covered by Section 1 receive appropriate accommodations allowing them to vote in public elections on an equal basis with voters who do not have physical or mental impairments;

5. Grants any person covered by Section 1 or an appropriate representative the right to sue the government in an appropriate domestic court and to receive appropriate equitable relief from that tribunal if the government does not meet its obligations under this resolution;

6. Affirms that this resolution does not prevent the passage of future resolutions protecting or promoting voting rights in public elections; and

7. Clarifies that this resolution does not affect private elections (such as elections for private clubs or organizations) and that it does not require member states or their political subdivisions to hold elections for public offices.

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