A Hawaii group representing the disabled is applauding the recent enactment of a state law that eliminates a "discriminatory" provision preventing people with mental retardation from voting. Voting rights for retarded
earns acclaimA recent law prevents discrimination
against the mentally disabledBy Gary T. Kubota
gkubota@starbulletin.comAct 15 says a person will not be denied the right to vote solely on the basis of mental retardation.
Under the new law, a voter may be disqualified based on mental incompetence only after a determination by the courts.
The Association for Retarded Citizens, now known as the ARC of Hawaii, said the measure recognizes there are different levels in mental retardation, just as the range of abilities varies among people who are not mentally retarded.
ARC Executive Director Garrett Toguchi said mentally retarded people have been exercising their right to vote despite the previous provision in the law.
"Just because someone has severe disabilities doesn't take away the fact that they have an understanding of what's going around them," said Toguchi.
"They feel pain, pleasure. They have opinions. How they express them may be different than others."
Pearl City resident Peggy Proffitt said her 37-year-old son, Carl, is a good example of a person who has some mental retardation but enough of an emotional and mental capacity to form his own opinions and thoughts.
Proffitt recalled that in the early 1980s, Carl became upset at the killing of a disabled friend who was abducted from a bus stop and strangled in a sugar cane field.
She said her son was impressed with then-city Prosecutor Charles Marsland's promise to investigate the death and asked her to take him to the voting polls so he could vote for Marsland.
ARC officials said with the signing of the bill on April 15 by Gov. Ben Cayetano, Hawaii joined six other states that no longer have discriminatory provisions in their constitutions or statutes.
Toguchi said the act is consistent with quite a few federal laws, including the American Disabilities Act. He said there are about 12,000 Hawaii adults with some form of mental retardation.
The group describes the mentally retarded generally as those with an intelligence quotient of below 75 or limitations in activities, such as communications, self-care and academic exercises.
State elections chief Dwayne Yoshina said mentally retarded people have been voting during previous elections, and he does not expect an increase in their numbers as a result of the new law.
Toguchi said the new law lets the public know that the mentally retarded are equal as citizens, and the recognition helps them to be included in the electoral process as candidates campaign on issues.
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