Mental Incapacity and the Right to Vote in Colorado

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The United States Constitution protects its citizens’ right to vote. However, the Constitution also allows states to determine who qualifies to vote within their jurisdiction. This right is, of course, limited and must comply with the Constitution and Federal Statutes. Some states have decided to restrict those who are mentally incapacitated from voting. Federal Law- 52 U.S.C. § 20507 (a)(3)(B) allows States to remove voters from registration rolls if they have a “mental incapacity”. Many have done so: currently only eleven states have placed no mental disability-related restrictions on the right to vote. Colorado is one of those states.

Colorado Law

The State of Colorado guarantees the right to vote to individuals who:

  • are U.S. Citizens,
  • will be at least 18 years old on Election Day, and
  • will have resided in the state for 22 days prior to the election.

The only exception to this rule is that those who are currently serving a sentence or are on parole for a felony conviction are not eligible to vote in Colorado.

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