California Civil Jury Instructions (CACI) (2017)
4013. Affidavit of Voter RegistrationDownload PDF
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] 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] cannot communicate, with
or without reasonable accommodations, a desire to participate in the
New June 2005; Revised June 2016
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.
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)
4014–4099. Reserved for Future Use