Article
French
ID: <
10670/1.o2xkdr>
Abstract
International audience The case of possibly fraudulent proxy votes in an assisted living facility during the first round of municipal elections is an opportunity to examine an under-researched and under-theorized topic in constitutional law: i.e. the right to vote for people with mental or cognitive impairments. The March 23rd, 2019 legislation, which expanded voting rights to all “insane person”, including those deprived of their legal capacity, constitutes a revolution in regard to the French legal tradition: the legislator delinked election law from civil law. This reform, grounded on the inherent dignity and worth of every person as a human being to have access to civil rights regardless of his mental and/or legal capacity, still raises some issues.