General Right to Vote
Constitution
(2005)

• Article 5, paragraph 1 states, “National sovereignty belongs to the people. All power emanates from the people who exercise it directly through a referendum or elections and indirectly through their representatives...The suffrage is universal, equal and secret. It is direct or indirect”

Specific Inclusion of People with Disabilities
Constitution
(2005)

• Article 49 states, “An elderly or handicapped person has the right to special measures of protection for his or her physical, intellectual and moral needs...The State has the responsibility to promote the presence of a person with a handicap within national, provincial and local institutions.”

Electoral Law
Bill on Organization of Presidential, Parliamentary, Provincial, Urban, Municipal and Local Elections
(2006)

• The explanatory memorandum before the articles of the electoral code states that one of the goals of the code is, “the equal representation of women and the promotion of people living with handicaps.”
• Article 13 states, “Every party list is drawn up taking into account a joint representation of men and women and of the promotion of people living with a handicap.”

Exclusion Based on Mental Disability
Constitution
(2005)

• Article 72 states, “No one may serve as a candidate for election as President of the Republic if he does not meet the conditions below...in full possession of civil and political rights, is not excluded under the electoral law.” (The electoral code excludes those with total mental incapacity, see below).
• Article 102 states, “No one may be a candidate for legislative elections if he does not meet the conditions below...in full possession of civil and political rights, is not excluded under the electoral law.” (The electoral code excludes those with total mental incapacity, see below).
• Article 106 states, “No one may be a candidate for a member of the Senate if he does not meet the conditions below...in full possession of civil and political rights, is not excluded under the electoral law.” (The electoral code excludes those with total mental incapacity, see below).

Electoral Law
Bill on Organization of Presidential, Parliamentary, Provincial, Urban, Municipal and Local Elections
(2006)

• Article 7 states, “Those people who find themselves in the following cases on the day of an election may not participate in voting...1. people struck with total mental incapacity, which is medically proven.”
• Article 10 states, “Are ineligible to present their candidature for an election...4. Those people struck with medically proven total mental incapacity in the five years preceding the election.”

Voter Assistance
Electoral Law
Bill on Organization of Presidential, Parliamentary, Provincial, Urban, Municipal and Local Elections
(2006)

• Article 58 states, “An elector for whom it is impossible to perform the operation of voting is to be assisted by a person of his choice from the qualified electors. Any member of the voting bureau or any voter who has given assistance to another elector may disclose the choice of that voter.”

• Constitution - http://confinder.richmond.edu/admin/docs/DRCongoDraft2005.pdf
• Electoral Law - http://www.congonline.com/documents/Loi_Electorale_fevrier2006.pdf