Over 38 million Americans with disabilities are eligible to vote, which is close to one out of every six voters.  But as voters with disabilities, we vote at a lower rate than people without disabilities and we’re twice as likely to face barriers when voting.   In fact, Lisa Schur and Douglas Kruse at Rutgers University have determined that, “If people with disabilities voted at the same rate as people without disabilities, there would be about 2.35 million more voters ” There’s a lot of history behind this disparity. In the late 19th and early 20th centuries, people with disabilities were often isolated in large institutions while states implemented provisions to their constitutions denying voting rights to people with developmental disabilities.   While the 15th and 19th Amendments to the Constitution prohibit the government from denying the right to vote to any U.S. citizen on account of “race, color, or previous condition of servitude” or sex, it does grant states the power to set qualifications for voting. The consensus back then was that people who needed state assistance were isolated from the rest of society, thus losing the right to vote, as one of the freedoms sacrificed in exchange for state support.   The Federal Voting Rights Act of 1965 specifically gave states permission to make laws that denied voting rights for two reasons: “by reason of criminal conviction or mental incapacity.” It wasn’t until the American with Disabilities Act (ADA) was passed in 1990 that — for the first time — the segregation of people with disabilities was considered discrimination.   In 1999, the Supreme Court ruling in Olmstead v L.C. further confirmed the inalienable right of inclusion and access to participation in our communities for people with disabilities. Doris Maldonado Mendez The Biden administration has passed executive orders addressing specific barriers faced by underserved communities by requiring federal agencies to integrate equity into planning and decision-making. People whose preferred language is not English and people with disabilities who have limited or no access to resources or that are otherwise disenfranchised are protected by equity-advancing requirements for federal agencies with the intent to deliver greater access to racial equity and support for Americans. We have the right to vote unless a probate court has specifically ruled that we are “incompetent” to exercise that right.  Connecticut law does provide, however, that the supervising officials at a supervised absentee ballot voting session have the authority to reject a ballot when they are unable to determine how the voter wants to vote (presumably, because the voter is unable to communicate that).  There is no constitutional disqualification provision. CT Early Voting  From October 21 – 31 and November 1 – 3, for the first time in a presidential election, Connecticut will implement early voting: “Your Say. Your Day.”  Early voting allows us to vote in person safely and securely before Election Day, which helps with scheduling or transportation arrangements to cast an in-person vote. This opportunity varies by availability and municipality, but it represents a big step forward in accessibility for many people with disabilities. Click image to open guide. It’s up to all of us to know our rights when we go to vote. We have the right to an accessible polling place, and accommodations should be made when we have difficulty standing in line at the polls.   We have the right to vote independently and privately, but we also have the right to receive assistance when help is needed casting our ballot. Voters with print disabilities have the right to request accommodations.   We may request curbside voting if we become temporarily disabled when arriving at the polling place. We have the right to vote by absentee ballot when we have a physical disability that prevents us from voting in person on Election Day. We may also participate in supervised absentee voting if we reside in a nursing home, assisted living facility or other qualified institution. We may obtain permanent absentee voter status when we have a permanent disability.  Only a judge of probate may decide that you are not competent to vote. And we have the right to file a complaint about accessibility or other voting rights violations. This is a call to action for my peers with disABILITIES. It’s our civic duty! We the people call on our elected leaders and communities to comply with election laws that guarantee access and to act, giving priority to voters with disabilities. The lack of voters with disabilities is not simply an oversight; it is an unconstitutional systemic problem that requires a concerted effort. Doris Maldonado Mendez is a member of the Connecticut Mirror’s Community Editorial Board.