communicating his “desire to participate in the voting process[.]” See EL § 3-102(b)(2).
For example, as William took the stand in the courtroom, in circumstances that commonly
induce anxiety for any witness about to be questioned under oath, the court expressly
prohibited Parents from offering any assistance, including help that might have avoided the
correction made by the judge when William raised the wrong hand to take his oath. We
also note that after counsel for Parents elicited William’s affirmations that he wants to vote
and talks about voting with Parents, William became unresponsive to the judge’s
compound questions about why he wanted to vote. Once counsel resumed questioning,
William testified affirmatively when asked whether he cares about who is leading the
country and, without prompting, identified specific candidates, his favorite former
president, and where the president lives. Based on this record, we cannot say that the denial
of any and all accommodations to assist William in understanding and responding to
questions had no impact on his testimony or on the court’s assessment of it.
We discern nothing in the Election Law statute that would preclude Parents from
offering reasonable help to William as an accommodation contemplated by the
disqualification statute. To the extent the court misunderstood the statute to preclude such
assistance, the court erred as a matter of law. To the extent the court applied the statute in
refusing such assistance, the court abused its discretion in these circumstances.
Because the court applied the incorrect legal standard and failed to permit
reasonable accommodations to assist William in communicating his desire to vote, we must
vacate the order denying William “the right to register to vote and to participate in the
voting process[.]” We will remand for reconsideration of that disqualification question.
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