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Subcommittee changes default: courts must find lack of voting capacity before stripping voting rights from people under guardianship
Summary
The Civil Law Subcommittee reported a substitute to require courts to find, by clear and convincing evidence, that an individual lacks capacity to vote before removing voting rights in guardianship or conservatorship proceedings; reported 5-2.
A substitute reported by the Civil Law Subcommittee would prevent automatic disenfranchisement of individuals placed under guardianship or conservatorship by requiring a court finding, by clear and convincing evidence, that the person lacks the capacity to understand the act of voting before disqualifying them. The subcommittee reported the substitute 5-2.
Sponsor counsel explained the substitute changes the default presumption: an individual under guardianship or…
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