Endorse the bill to remove the words "idiot" and "insane" from the New Jersey State Constitution

We ask for your endorsement of Senate Concurrent Resolution (SCR134), introduced by Senate President Richard J. Codey to eliminate the words idiot and insane from the New Jersey State Constitution. These words, which were adopted in 1789, are offensive to people with intellectual and psychiatric disabilities.

At issue is Article II, Section I, of the constitution regarding elections and voting. Paragraph six of the section states that, "No idiot or insane person shall enjoy the right of suffrage. That language is considered offensive and archaic, and does not recognize the rights of voters with disabilities who want to vote in all elections.

Sen. Codey's proposal to remove the offensive language would be placed on the November statewide ballot after approval by both legislative houses.

The following interpretive statement would be included alongside the ballot question:

"Approval of this amendment concerning the denial of the right to vote would delete the phrase 'idiot or insane person' and replace that phrase with 'person who has been adjudicated by a court of competent jurisdiction to lack the capacity to understand the act of voting' in describing those persons who shall be denied the right to vote."

The phrase 'idiot or insane person' is outdated, vague, offensive to many, and may be subject to misinterpretation. This constitutional amendment acknowledges that individuals with cognitive or emotional disabilities may otherwise be capable of making decisions in the voting booth and that their right of self-determination should be respected and protected in this regard. The amendment only denies the right of suffrage to those individuals determined by a court, on a case-by-case basis, to lack the capacity to understand the act of voting."

Seven other states, including North Carolina, Pennsylvania and New Hampshire, have successfully removed similar discriminatory language from their Constitutions.