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New Jersey Disability Issues

Ballot Question Replaces Hurtful Language in State Constitution

On November 6th, New Jersey voters will be given the opportunity to remove inaccurate language from the state's Constitution. By voting Yes on Ballot Question #4, voters ask the state to replace hurtful and demeaning words with language that is respectful to people with developmental disabilities and mental illness.

Question #4 would amend Article II, Section I, paragraph 6 of the State Constitution by removing the phrase, "[n]o idiot or insane person shall enjoy the right of suffrage" from the New Jersey Constitution and replacing it with the phrase, "[n]o person who has been adjudicated by a court of competent jurisdiction to lack the capacity to understand the act of voting shall enjoy the right of suffrage."

This amendment acknowledges that individuals with cognitive or emotional disabilities may otherwise be capable of making decisions in the voting booth and that their right of self-determination should be respected and protected in this regard. The amendment only denies the right of suffrage to those individuals determined by a court, on a case-by-case basis, to lack the capacity to understand the act of voting.

Several court rulings have already determined that the words "idiot" and "insane" in New Jersey's Constitution have no legal validity in determining who may or may not be competent to vote. For many years, courts in New Jersey have been using established legal guidelines to determine whether or not individuals have the right to vote.

Co-sponsors Assemblymen Joseph Cryan (D-Union) and Jim Whelen (D-Northfield) introduced the concurrent resolution that put Question #4 on the ballot.

New Jersey is one of only six states still using outdated and humiliating language to describe individuals with cognitive disabilities and mental illness.

The Right to Vote

Voting is the cornerstone of our democracy. Many national and state organizations serving individuals with disabilities have set about to provide assistance to ensure that voters with disabilities can exercise their right to vote. In New Jersey, state voters who encounter difficulties should contact the local county election office or the NJ Office of the Attorney General at www.njelection.org at the” Voting Accessibility” website link. On election days, voters can call a NJ Election Protection Coalition hotline at 1-866-687-8683 to report problems and receive advice on what to do.