Iowa Constitution: Competency term goes to the voters

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By Charlotte Eby | Sunday, October 12, 2008 11:11 PM CDT | () comments

DES MOINES — Iowa voters will decide this fall whether to change the state’s constitution to reflect a more politically correct term to describe those with mental illness or mental disabilities.

The Iowa Constitution currently refers to an “idiot” and “insane person” when describing which Iowans are ineligible to vote.

The amendment would change that description to “a person adjudged mentally incompetent to vote.”

Alice Phillips of Mason City is president of the local chapter of The Arc of Iowa, which advocates for people with intellectual and developmental disabilities and their families.

The organization has been seeking a change in the state constitution, and Phillips is hopeful the measure will pass Nov. 4.

“The terminology is discriminatory as it is now,” added Phillips, past president of the statewide Arc chapter.

The change also has been the longtime goal of Rep. Pam Jochum, D-Dubuque, whose adult daughter is mentally retarded.

Jochum and others have worked for close to 10 years to get the measure before voters.

Although a wide public awareness campaign has not been launched, Jochum is confident voters will understand what it means and approve it.

“I’m not aware of any opposition to it,” she said. “I think it’s more a matter of just informing the public that it’s there and what the intent of it is.”

Jochum said the language in the Constitution, ratified in 1857, reflects the understanding of mental illness and retardation back then. She said medical breakthroughs now help society understand the conditions much better.

She saw one major setback for the measure after a legislative official and Gov. Chet Culver, when he served as secretary of state, failed to publish notice of it as required.

“We had to start all over again,” she said.

Jochum also has worked to make part of Iowa law a procedure that outlines how people are adjudged mentally incompetent to vote.

“Certainly, most of them are capable of voting, and they should unless they’ve been adjudged that they’re not,” she said.

The procedure is triggered when someone applies to be a legal guardian or conservator for another adult. At that time, a judge can make a determination of the person’s competency to vote.

Judges appoint guardians to make decisions about someone’s physical well-being or conservators to make financial decisions. But Jochum said that does not always mean someone is mentally incompetent to vote, noting that people with mental illness often have above-average IQs.

She also points out that there are varying degrees of mental retardation. Her daughter has the IQ of a toddler, Jochum said, but that is not the case for all with mental retardation.

At a glance

On the ballot: Changing the Iowa Constitution, which describes those ineligible to vote as an “idiot” and an “insane person.” The words would be replaced with: “a person adjudged mentally incompetent to vote.”

Why: Advocates of people with disabilities say the terms are offensive and outdated.

The process: The change has already been approved by two general assemblies of the Iowa Legislature. The measure now needs a simple majority of the votes cast on Nov. 4.

Charlotte Eby can be contacted at (515) 243-0138 or chareby@aol.com. Comment on this story at qctimes.com.