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Cook
Islands
General Right to Vote
Constitution
(1994)
- Section 28, subsection (1) states, "Without limiting the provisions of any law prescribing any additional qualifications not inconsistent with any provision of this Constitution, a person shall be qualified to be an elector for the election of a Member of Parliament for any constituency other than the Overseas Constituency, if, and only if...(a) He is a Commonwealth citizen, or he has the status of a permanent resident of the Cook Islands as defined by Act..."
- Section 28, subsection (2) contains the same guarantees as subsection (1), but it pertains to the election of a Member of Parliament for the Overseas Constituency.”
Exclusion Based on Intellectual Disability
Electoral Law
(2004, as amended 2007)
- Section 7, subsection (1) states, “A person shall be qualified to be registered as an elector of a constituency if that person...(f) is not of unsound mind.”
Voter Assistance
Electoral Law
(2004, as amended 2007)
- Section 60 states, “If at any polling booth any elector is blind, or is unable to read or write (whether because of physical handicap or otherwise), and so desires, the Presiding Officer shall, together with any scrutineers present not exceeding one for each candidate, and if necessary an interpreter, retire with the elector into the inner compartment and there in the sight and presence of the Presiding Officer and scrutineers mark the voting paper according to the instruction of the elector, and the Presiding Officer shall sign his or her own name at the foot thereof.”
- Section 60, subsection (3) states, “Unless an elector is blind, disabled or illiterate, in which case the provisions of section 60 with all necessary modifications shall apply, every person present when an elector so votes shall refrain from making himself or herself acquainted with the vote...”
- Section 66, subsection (2) states, “Where any elector - (a) is wholly or partially blind; or (b) is unable to read or write (whether because of physical handicap or otherwise); or (c) is not sufficiently familiar with the English or Cook Islands’ Maori languages to vote without assistance...the voting paper may be marked by an elector with the assistance of a person, other than a person who is an elector or a person having an interest in the outcome of the election, in accordance with the instructions of the elector.”
Off-Site Voting
Constitution
(1994)
- Section 28D states, "Provision may be made by Act for any elector of a constituency other than the Overseas Constituency who is outside the Cook Islands on polling day to vote by postal vote at any election of a member representing the constituency for which the elector is enrolled."
Electoral Law
(2004, last amended 2007)
- Section 61 states, “(1) If any elector is precluded by reason of old age, illness, or disability from attending at any polling booth, that elector shall in writing, no later than noon on polling day, apply to the Returning Officer for a certificate enabling the elector to vote as a special care elector. (2) On polling day, between noon and the close of the poll, the Returning Officer shall make such arrangements as may be necessary to provide a mobile booth comprising of a Presiding Officer, Poll Clerk and no more than one scrutineer for each candidate, for the administering of all special care votes in the constituency.”
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