Clients' Right to Vote

  1. Law
  2. Georgia Code
  3. Mental Health
  4. Habilitation of the Developmentally Disabled Generally
  5. Rights and Privileges of Developmentally Disabled Persons Undergoing Habilitation, Their Representatives, etc., Generally
  6. General Provisions
  7. Clients' Right to Vote

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Each client in a facility who is eligible to vote shall be given his right to vote in primary, special, and general elections and in referendums. The superintendent or regional state hospital administrator of each facility shall permit and reasonably assist clients:

  1. To obtain voter registration forms, applications for absentee ballots, and absentee ballots;
  2. To comply with other requirements which are prerequisite for voting; and
  3. To vote by absentee ballot if necessary.

(Code 1933, § 88-2503.9, enacted by Ga. L. 1978, p. 1826, § 1; Ga. L. 1995, p. 10, § 37; Ga. L. 2002, p. 1324, § 1-19.)

Cross references.

- Right to elective franchise generally, U.S. Const., amend. 15; Ga. Const., 1983, Art. II, Sec. I, Para. III; and § 1-2-6.

Absentee voting, § 21-2-380 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Right of the mentally retarded to vote generally.

- There is no statutory or constitutional provision which would permit removal of an elector from the electors' list on the ground that the elector is mentally retarded. In fact, under O.C.G.A. § 37-4-104, the contrary is true with respect to those mentally retarded electors receiving treatment. 1981 Op. Att'y Gen. No. 81-11.


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