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British Virgin Islands
General Right to
Vote Electoral Law
(1996)
Exclusion Based on Mental Disability
Constitution Act
(2007)
- Article 66, section (1) states, “No person shall be qualified to be elected as a member of the House Assembly who...(c) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in the Virgin Islands.”
- Article 68, section (3) states, “No person shall be qualified to be registered as a voter under this section who on the qualifying date...(a) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in the Virgin Islands.”
Voter Assistance
Electoral Law
(1994)
- Section 46, subsection (3) states: "The presiding officer, on the application of any voter who is incapacitated from any physical cause other than blindness...from voting in the manner prescribed by this Act, shall require the voter making such application to make oath in Form No. 22 of the incapacity to vote without assistance, and shall thereafter assist such voter by marking his ballot paper in the manner directed by such voter in the presence of the poll clerk and of the sworn agents of the candidates and of no other person, and shall place such ballot in the box."
- Section 46, subsection (4) states: "The presiding officer shall either deal with a blind voter...in the same manner as with an otherwise incapacitated voter, or, at the request of any blind voter...and who has taken the oath in Form No. 23, and is accompanied by a friend who is a voter in the local electoral district, shall permit such friend to accompany the blind...voter...into the voting compartment and mark the voter's ballot paper for him. No person shall at any election be allowed to act as such friend to more than one voter."
- Section 46, subsection (5) states that any friend who marks the ballot paper for a blind voter is first required to fill out Form No. 24.
- Section 46, subsection (6) states "whenever any voter has had his ballot paper marked as provided in subsection (3) or (4), the poll clerk shall enter into the poll book opposite the voter's name...the reason why such ballot paper was so marked."
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