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You are here: Home / DC Authors / Money Removes Some Disability Barriers in Elections

Money Removes Some Disability Barriers in Elections

June 14, 2021 by Andrew Straw Leave a Comment

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Money Removes Some Disability Barriers in ElectionsI have written about how ballot access requirements discriminate against disabled candidates for state or federal office.  These include state courts not mandating any accommodations to make it easier to gather signatures under state human rights laws.

It is important to note that lacking money makes any task harder.  Senator Tammy Duckworth did not have the same problem with ballot access when she ran for U.S. representative in Illinois District 8.  She did not even sign her own petition.  She paid someone else to do this for her.

When you have money, your wheelchair does not make as much of a difference.  But this shows how different most disabled people are in their poverty from those who want to govern them.  It is hard to get a job when you are disabled and discrimination still runs rampant regardless of the ADA. Benefits for disabled people such as SSDI and SSI are extremely low, hovering around the poverty line.

Either you have wealthy friends or you are wealthy yourself.  Tammy Duckworth as a disabled military officer from active service had heaps of money and a great story to go with it.  But when you are deprived of a pension or even health care after being poisoned by the U.S. Military, like me, there is no money to buy the time of people to gather signatures.  Straw v. McDonough, 20-2090 (Fed. Cir. 1/15/2021); Straw v. U.S., 16-17573 (11th Cir. 2019).

Lack of justice translates into poverty, discrimination, weakness, and retaliation, and eventually an early death because disabled people are poor and poor people die earlier.  Bipolar is especially harsh.  This is another reason to take away any nonsense requirement like masses of ballot access signatures that do not prove anything about popularity, but only serve to create barriers to ballot access for the poor and disabled.

Courts can create or remove barriers for those whose property has been taken by the United States.  This puts courts at the epicenter of power. Who would have known about Ralph Nader without his large civil damages payment from a court case against GM?  Courts make or break those seeking justice and the money and potential political power that go with it.  Compensating property can be done at the U.S. Court of Federal Claims when the federal government (including judges) takes property worth over $10,000 for public use without paying for it.  Straw v. U.S., 21-1596, 21-1597, 21-1598, 21-1600, 21-1602 (Fed. Cir.).

This “Tucker Act” protection gives life to the 5th Amendment’s Takings Clause, and can turn the tables when judges elsewhere take property without paying for it.  Smith v. United States, 709 F.3d 1114, 1115-1117 (Fed. Cir. 2013). Webb’s Fabulous Pharmacies, Inc. v. Beckwith, 449 U.S. 155 (1980) showed that while government may try to “recharacterize” property to take it without compensation, this trick is rejected.  While the 5th Amendment does not create property, it does protect citizens when recognized property is taken away.  So, if a disabled candidate has valuable property like a law license, the 5th Amendment compensation for taking that license can make possible political activity and campaigns to increase disability civil rights protections and democracy access.  Money talks.

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Filed Under: DC Authors Tagged With: Disability and Democracy, Money Politics, Voter Access

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About Andrew Straw

Andrew Straw is a person with disabilities who practiced disability law and engages in disability reform advocacy.  http://disability.andrewstraw.com/  Straw was a Virginia lawyer and has served as corporate counsel for billionaire Alan M. Voorhees, who designed the Interstate Highway System and the Metro in Washington DC.  Straw then worked for the Chief Justice of Indiana and was the assistant dean in charge of the International Programs at Indiana University-Maurer School of Law.  He grew up in Indiana.  

Andrew Straw was born at Camp LeJeune, North Carolina, where his father was training as a U.S. Marine for his Vietnam duty.  Straw was thus poisoned on the first days of his life but was denied compensation and health care.  Straw v. Wilkie, 843 F. App’x 263 (Fed. Cir. 1/15/2021); Straw v. United States, 4 F.4th 1358 (Fed. Cir. 2021).  Straw started a group for people born or poisoned there called Children of Camp LeJeune.  Congress voted to compensate people like Straw and his dead mother from the poisoning (S. 3373, Title VIII, Sec. 804).  This new law was passed in the U.S. House by 342-88 and the U.S. Senate by 86-11.  On August 10, 2022, it became Public Law 117-168, 136 Stat. 1802-1804.  

Straw has visited 16 countries and has lived in the United States, Italy, New Zealand, Turkey, and the Philippines.  Straw provided services to the Italian Foreign Ministry as a contractor and passed the written U.S. Foreign Service Officer Test in 1998.  For more information, Straw’s CV can be found at www.andrewstraw.com.  Straw has lived in the Philippines for a7 years, from June 2018 – present, studying disability access in that country, but may one day return to the United States when the disability human rights situation improves.  

Straw is an asylum seeker due to the discrimination and human rights violations of state and federal courts in the USA.  http://cpa.andrewstraw.com   Andrew Straw lives not far from where his father was stationed in Vietnam.

Straw is an active court reform advocate. See:

http://bivens.andrewstraw.com 

http://chief.andrewstraw.com 

PROFILE: http://profile.andrewstraw.com

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