The Accuracy of Electoral Regulations: The Case of the Right to Vote by People with Cognitive Impairments

Abstract

People with cognitive impairments are regularly denied access to the vote in democratic nations. At the same time, the accuracy of legal regulations is uncertain due to the variety of legal classifications and the vague administrative procedures envisaged for their implementation. This article offers an extensive analysis of the accuracy of legal restrictions on the vote for people with cognitive impairments in all electoral democracies. The article argues that the prospect of ever regulating the vote accurately, in the sense of avoiding both misclassifications and arbitrary administration of restrictions, is difficult to envisage. In the face of the regulatory problems associated with the attempt to restrict the vote for people with cognitive impairment, it is concluded that enfranchisement of all adult citizens would constitute an improvement.