A critical vision of the Organic Law 2/2018, of 5 December, to reform the LOREG to guarantee the right to vote of all persons with disabilities

This paper includes an openly critical analysis of Organic Law 2/2018, of 5 December, amending Organic Law 5/1985, of 19 June, on the general electoral regime, in order to guarantee the right to vote of all persons with disabilities, and by which the provision for assessment of the capacity to vote of persons undergoing capacity modification or psychiatric detention has been abolished, in addition to repealing existing court decisions on electoral incapacity and introducing a general declaration on the exercise of suffrage. The critique of the Reform Act is structured around three arguments: first, the fallacy of the incompatibility of the derogated provision with the 2006 Convention on the Rights of Persons with Disabilities and the Constitution; second, the unjust disregard, on the contrary, the role that this rule played in the legal system in terms of constitutional rights and property; and, thirdly, the inadequate way in which the complementary provisions have been articulated, with the negative legal effects that this entails.