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Cayman
Islands
General Right to
Vote Constitution
(2009)
- Section 92, subsection (1) states, “Any person who is registered as an elector in an electoral district shall, while so registered, be entitled to vote at any election in that district for an elected member of the Legislative Assembly, unless he or she is prohibited from so voting by any law in force in the Cayman Islands.”
Exclusion Based on Mental Disability
Constitution
(2009)
- Section 62 states, “No person shall be qualified to be elected as a member of the Legislative Assembly who...(d) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in the Cayman Islands.”
- Section 91 states, “A person shall not be entitled to be registered as an elector in any electoral district who...(b) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in the Cayman Islands.”
Voter Assistance
Electoral Law
Elections Law of 1983
(Reviewed 2004)
- Section 13, subsection (3) states, “Provided that he [the registering official] may, on his own motion, place on such list any person whom he has reasonable grounds for believing is qualified to be registered and who he is satisfied is unable to complete Form 4 by reason of either blindness, illiteracy of any physical incapacity.”
- Section 47 states, “The presiding officer shall instruct the elector how to make his mark, and shall properly fold the elector’s paper ballot, directing him to return it, when marked, folded as shown, but without inquiring or seeing for whom the elector intends to vote, except when the elector is unable from physical or other disability from voting without assistance to vote in the manner prescribed by this law.”
- Section 49, subsection (3) states, “The presiding officer, on the application of any elector who is incapacitated from physical or other disability from voting without assistance in the manner prescribed by this law, shall require the elector making such application to make an oath in Form 28 of his incapacity to vote without assistance, and shall thereafter deal with such votes in the manner specified in subsection (4).”
- Section 49 subsection (4) states, “If any such elector as is referred to in subsection 93) requests assistance of the presiding officer in making his ballot, the presiding officer shall thereafter assist such elector by marking his ballot paper in the manner directed by such elector in the presence of the poll clerk and, if so requested by the elector, the presence of a friend.”
- Section 49, subsection (5) states that such a friend, “shall not be allowed to be present unless he first takes the oath in Form 29.”
- Section 49, subsection (6) states, “Whenever any elector has had his ballot paper marked as provided in subsection (4) the poll clerk shall enter in the poll book opposite the elector’s name...the reason why such ballot paper was so marked.”
- Forms 28 and 29 referenced above are included in the Elections Law.
Off-Site Voting
Electoral Law
Elections Law of 1983
(Reviewed 2004)
- Section 3, subsection (1) states, “If the reason, or one of the reasons, for the application to be treated as an absent elector is that set out in paragraph (b) of section 50(1) (blindness or other physical incapacity), the application must be accompanied by a certificate from a registered health practitioner in the form set out in Form E.”
- Form E is included in the Electoral Law
- Section 50, subsection (1) states, "Subject to this section, where...(b) an elector is unable or likely to be unable by reason either of blindness or any other physical incapacity to go in person to the polling station or, if able to go, to vote unaided...that voter may vote by post if...he applies to be treated as an absentee voter and furnishes an address...and if his application is allowed by the registering officer under section 51.”
- Section 51, subsection (1) states, "An application to be treated as an absent elector shall be made to the registering officer and shall be allowed by him if he is satisfied that the applicant is, or will, if registered, be entitled under section 42 to vote as an absentee voter.’
- Section 51, subsection (2) states: "The application shall be for a particular election only, unless it is based on...(b) the applicant's physical incapacity."
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