In Some States, Having a Guardian Means Not Having a Vote

Nicole Noblet, a 32-year-old with disabilities, moved from Minnesota to Missouri and discovered that her voluntary guardianship agreement with her parents would prevent her from voting in her new state. Missouri is one of at least seven states that prohibit people under guardianship from voting, based on outdated laws assuming mental incompetence.

Determined to protect her voting rights, Noblet took legal action, eventually persuading a Minnesota judge to dissolve her guardianship, allowing her to vote in Missouri. Her story highlights broader issues surrounding voting rights for people with disabilities, with many states restricting their ability to vote under guardianship agreements.

The Justice Department has stated that such restrictions are illegal under federal civil rights laws, but enforcement has been lacking. Advocates argue that these restrictions unfairly hold people with disabilities to a higher standard than other voters. Despite legal challenges, many states still enforce these restrictions, with Missouri being particularly aggressive in removing voters deemed mentally incompetent.

Noblet’s determination to vote underscores the importance of participation in elections for people with disabilities. She even served as an election judge in Missouri to help ensure accessibility for others with disabilities.

For more information see Rachel Nostrant “In Some States, Having a Guardian Means Not Having a Vote” The New York Times, August 29, 2024.

Special thanks to Lewis Saret (Attorney, Washington, D.C.) for bringing this article to my attention.