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The Right to Vote While Under Guardianship

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
May 27, 2023

Prye v. Blunt (Ortrie D. Smith, W.D. Mo. 2:04-cv-4248)
A prospective voter filed a federal complaint one month before a general election challenging a state’s disqualification of voters under guardianship. The district judge denied the plaintiff immediate relief because of state-court opportunities to reserve voting rights in limited guardianship. For similar reasons, the judge granted defendants summary judgment against a substituted plaintiff who was erroneously denied the vote because of a misunderstanding about the plaintiff’s reserved voting rights. The court of appeals affirmed the summary judgment because the substituted plaintiff had already received a remedy and an advocacy organization coplaintiff did not have standing to represent the interests of mere constituents.
Subject: Nullifying registrations. Topics: Registration challenges; matters for state courts.

One of many Case Studies in Emergency Election Litigation.