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In October 2004, the ACLU of
Eastern Missouri, in conjunction with the ACLU National Voting Rights Project,
the Bazelon Center for Mental Health, and the Illinois Guardianship and
Advocacy Commission, filed suit in federal court challenging Missouri statutory and constitutional
provisions that bars those with court-appointed guardians from registering to
vote without any consideration of the individual’s capacity to vote. Missouri is one of 26
states with such a law. Prye, a former lawyer and law professor, had a guardian
but stayed abreast of public affairs and wanted to vote. Prye died before the
suit could be resolved, but additional plaintiffs, including Missouri
Protection and Advocacy, have been added.
The suit argues that the law violates his rights to Due Process and
Equal Protection as well as rights guaranteed under the Americans with
Disabilities Act and the Rehabilitation Act.
The State of Missouri has claimed that
the ADA is unconstitutional as applied, if it
applies, so the United
States intervened to defend the
constitutionality of the statute as applied to state voting laws. Cross-motions for summary judgment are
pending. Trial is scheduled for
September 2006.
Legal Documents
Complaint
Briefs
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