CACI 4013 Disqualification From Voting

California Civil Jury Instructions CACI

4013 Disqualification From Voting

If you find that [name of respondent], as a result of [a mental disorder/impairment by chronic alcoholism], is gravely disabled, then you must also decide whether [he/she/nonbinary pronoun] should also be disqualified from voting. To disqualify [name of respondent] from voting, all 12 jurors must find, by clear and convincing evidence, that [he/she/nonbinary pronoun] cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process.

Directions for Use

This instruction should be given if the petition prays for this relief.

In addition to the required jury finding, one of the following must apply (See Elec. Code, § 2208(a)):

(1)A conservator for the person or the person and estate is appointed under Division 4 (commencing with Section 1400) of the Probate Code.

(2)A conservator for the person or the person and estate is appointed under Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code.

(3)A conservator is appointed for the person under proceedings initiated under Section 5352.5 of the Welfare and Institutions Code, the person has been found not competent to stand trial, and the person’s trial or judgment has been suspended pursuant to Section 1370 of the Penal Code.

(4)A person has pleaded not guilty by reason of insanity, has been found to be not guilty under Section 1026 of the Penal Code, and is deemed to be gravely disabled at the time of judgment as defined in paragraph (2) of subdivision (h) of Section 5008 of the Welfare and Institutions Code.

The court should determine if one of the above requirements has been met.

Sources and Authority

Disqualification from Voting. Elections Code section 2208.

Affidavit of Voter Registration. Elections Code section 2150.

Secondary Sources

2 California Conservatorship Practice (Cont.Ed.Bar) § 11.34
32 California Forms of Pleading and Practice, Ch. 361A, Mental Health and Mental Disabilities: Judicial Commitment, Health Services, and Civil Rights, § 361A.42 (Matthew Bender)