Global Initiative to Enfranchise People with Disabilities: Dominica - www.electionaccess.org Text Only Version
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Dominica

General Right to Vote
Constitution:
(1978)
• See section 33

Exclusion Based on Mental Disability
Electoral Law
Registration of Electors Act
(1974, last amended 1990)

  • Section 6 states "A person is disqualified from being registered as an elector and shall not be so registered if he: (a) is a person found or declared to be a person of unsound mind or a patient in any establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental illness or mental defectiveness by virtue of any written law."

Exclusion Based on Physical Disability
Constitution
(1978)

  • Article 31, section (1) states, "...a person shall be qualified to be elected as a Representative if, and shall not be qualified to be so elected unless, he...(c) is able to speak, and, unless incapacitated by blindness or other physical cause, to read English well enough to take an active part in the proceedings of the House."

Electoral Law
House of Assembly Elections Act
(1951, last amended 1990)

  • Form 13 (Statutory Declaration of a Person Nominated as a Candidate for Election as a Member of the House of Assembly) includes a declaration that, “I am not a person adjudged to be of unsound mind nor detained as a person found guilty but insane of a criminal offence under any law in force in the State.”
  • Form 14 (Statutory Declaration of Agent of a Person Nominated as a Candidate for Election as a Member of the House of Assembly) includes a declaration that, “he is not a person adjudged to be of unsound mind nor detained as a person found guilty but insane of a criminal offence under any law in force in the State.”

Voter Assistance
Electoral Law
House of Assembly Elections Act
(1951, last amended 1990)

  • Section 34 states, “The presiding officer shall instruct the elector how to make his mark, and shall properly fold the elector’s 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 to vote in the manner prescribed by this Act on account of blindness or other physical incapacity.”
  • Section 36, subsection 3 states, “An elector who is incapacitated by any physical cause other than blindness from voting in the manner prescribed in this Act, may apply to the presiding officer to adopt one of the following modes of voting...
  • The elector may request the presiding officer to mark his ballot paper on his behalf, in which case the presiding officer shall require the elector to make oath in Form 23 of his incapacity to vote without assistance and shall thereafter assist the elector by marking his ballot paper in the manner directed by the elector...:if so requested by the elector, the presiding officer shall mark the ballot paper in the presence of the poll clerk and of the sworn agents of the candidates or any of them but of no other person.
  • Alternatively the elector may apply to the presiding officer to be allowed to vote with the assistance of another person by whom he is accompanied...(See subsections 1, 2, and 3 for specific information on required forms).
  • Section 36, subsection 4 lists the persons qualified to assist a blind or incapacitated elector.
  • Section 36, subsection 5 describes a similar procedure to be followed for blind electors.
  • Includes Form 23 (Oath of Incapacitated Elector), Form 24 (Oath of Blind Elector), Form 25 (Oath of Friend of Incapacitated Elector), Form 25A (Oath of Friend of Blind Elector).

 



 
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