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Fiji
General Right to
Vote
Constitution:
(27 July 1998)
Section 38 subsection (2) states "A person must not be unfairly
discriminated against, directly or indirectly, on the grounds of his or
her: (a)
age or disability
"
Exclusion Based
on Mental Disability
Constitution:
(27 July 1998)
Section 55 subsection (8) states "A person who
(c) is,
under a law in force in the Fiji Islands, adjudged or declared to be of
unsound mind
does not have a right to be, or ceases to have a right
to be, registered as a voter."
Voter Assistance
by Other Citizens
Electoral Law:
(1999: Electoral Act 1998; amended 1999)
Section 14 subsection (1) states: "If a person making an application
for registration as a voter is physically disabled, an application may
be signed on his or her behalf (a) by a person who has received a power
of attorney from the applicant and who states on the application that
the applicant is physically disabled; or (b) by a voter who signs by direction
of the applicant and who states on the application (i) that the applicant
is physically disabled; and (ii) that the application is singed at the
direction of the applicant."
Section 14 subsection (2) continues: A person who, under this section,
signs an application on behalf of the applicant must make and attach to
the application a statutory declaration (a) that the applicant is physically
disabled; and (b) that the application is being signed (i) under a power
of attorney from the applicant; or (ii) at the direction of the applicant."
Section 14 subsection (3) concludes "For the purposes of this
section, a person is physically disabled if, and only if, he or she is,
because of a physical disability, incapable of complying with section
12(3) or (4).
Section 78 subsection (1) states: "If any voter at a polling
station is
incapacitated by blindness or other physical reason from
voting in the manner prescribed by this Act, the presiding officer must,
at the request of the voter made in the presence of polling agents, if
any, cause (a) the voter's vote or votes to be marked by a clerk in the
presence of another clerk on a ballot paper or papers in the manner directed
by the voter; and (b) the ballot paper or papers so marked to be placed
in the ballot box or boxes."
Section 78 subsection (2) states "The name and roll number
of every voter whose vote is marked under subsection (1) must be entered
on the
incapacitated voters list for the polling station.
Section 78 subsection (3) states, "Nothing in this section
entitles any polling agent to see or hear how a voter votes, unless the
voter requests the assistance of a polling agent."
Off-Site Voting
Alternatives
Electoral Law:
(1999: Electoral Act 1998; amended 1999)
Section 90 subsection (2) states "An application for registration
as a postal voter may be made on one of the following grounds
(b)
because of serious illness or infirmity, the applicant is unable to travel
from his or her place of living to a polling station
"
Section 90 subsection (3) states "An application in which
the applicant claims to be prevented from voting in person on account
of ill-health or infirmity must be accompanied by a certificate to that
effect signed by a registered medical practitioner, a registered medical
assistant or a registered nurse."
Indelible Ink Excusal
Electoral Law:
(1999: Electoral Act 1998; amended 1999)
Section 12, subsection (3) states "
every person making
an application under this Part [application for registration] must sign
his or her name or, if he or she is illiterate, place on the application
his or her mark and the thumbprint of his or her left thumb in ink."
Section 12, subsection (4) continues: "A person who is illiterate
and does not have a left thumb must place on the application (a) his or
her mark and the thumbprint of his or her right thumb in ink; or (b) if
he or she does not have a right thumb, his or her mark and the print in
ink of any of his or her fingers."
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