Kids don’t have the right to vote, leaving nearly a quarter of American citizens without a voice in the political process. However, parents have the ability to vote and could potentially vote on behalf of their children. This bipartisan concept, endorsed by individuals such as Cornel West and J.D. Vance, could be the most significant extension of voting rights since the Nineteenth Amendment. It is a reform that any state legislature could implement independently, without the need for action from a divided Congress.
A new paper by Joshua Kleinfeld and myself, to be published in the Notre Dame Law Review, delves into this idea. Our argument proposes that voting parents should be allowed to cast votes for their children who are otherwise qualified to vote. Similarly, court-appointed guardians of individuals unable to vote due to mental incapacity should also have the right to vote on their behalf. The paper highlights the importance of this issue, especially in the context of the COVID-19 pandemic, which underscored the political vulnerability of children.
The article stresses the significant impact of children’s lack of political representation on various policy decisions affecting their well-being. It challenges the assumption that parents can only vote for themselves, suggesting that they should also be able to vote for their underage children. Referred to as “parent proxy voting” or “Demeny voting,” this idea has been proposed in other countries and endorsed by a diverse range of commentators.
The proposal also addresses the exclusion of citizens with severe mental disabilities from the electoral process. These individuals deserve to have their interests considered in a democratic society, and their court-appointed guardians should be permitted to vote on their behalf. While the focus is primarily on children due to their larger numbers, the paper acknowledges the importance of including all disenfranchised groups in the political process.
The article outlines the mechanics of parent proxy voting, emphasizing the need for detailed implementation to ensure fairness and accuracy. It challenges the current system, which counts children for their numbers but overlooks their interests, advocating for a more inclusive approach that considers both factors.
In conclusion, the paper calls for a reevaluation of the existing political system to address the underrepresentation of children and other vulnerable groups. It emphasizes the need to give parents the ability to vote on behalf of their children as a fundamental step towards a more equitable and inclusive democracy.
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