Wood v. Coconino, 1-CA-CV-2022-0710 - Guardianship and Voting

 

    Arizona’s guardianship statutes A.R.S. §§ 14-5101(3), 14-5304, and 14-5304.02, violate the due process rights of a person subject to guardianship proceedings by terminating the right to vote upon establishment of a general guardianship without a determination of the person’s voting capacity and by placing the burden on the ward to justify retaining the right to vote.  The statutes are not narrowly tailored, nor are they the least restrictive means of achieving the State’s interest.  The statutes target all wards, not just those who may lack voting capacity.  Due process requires that, before terminating the right, petitioner must show by clear and convincing evidence that the person lacks the capacity to vote.  The ward does not bear that evidentiary burden.  Wood v. Coconino, 1-CA-CV-2022-0710, 5/30/24.

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