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Jamaica
General Right to
Vote
Constitution:
(1962)
Section 37, subsection (1) states, "Subject to the provisions
of subsection (2) of this section a person shall be qualified to be registered
as an elector for elections to the House of Representatives if, and shall
not be so qualified unless, he is (a) a citizen of Jamaica resident in
Jamaica at the date of registration, or (b) Commonwealth citizen (other
than a citizen of Jamaica) who is resident in Jamaica at the date of registration
and who has been so resident for at least twelve months immediately preceding
that date, and has attained the prescribed age."
Exclusion Based
on Mental Disability
Constitution:
(1962)
Section 37 subsection (2) states: "No person shall be qualified
to be registered as an elector for elections to the House of Representatives
who
(c) is, under any law for the time being in force in Jamaica,
certified to be insane or otherwise adjudged to be of unsound mind or
detained as a criminal lunatic
"
Section 40 subsection (2) states: "No person shall be qualified
to be appointed as a Senator or elected as a member of the House of Representatives
who
(f) is, under any law for the time being in force in Jamaica,
certified to be insane or otherwise adjudged to be of unsound mind or
detained as a criminal lunatic
"
Electoral Law:
(1986: Representation of People Act)
Section 5 subsection (2) states: "
every person shall
be entitled to vote at an election of a member of the House of Representatives
for any constituency if his name appears upon the official list for a
polling division comprised in such constituency unless
(b) on election
day he is an inmate of any mental hospital or undergoing any sentence
of imprisonment."
Section 5 subsection (3) states: "The following persons are
incapable of being registered as electors and disqualified from voting
at an election and shall not be so registered or vote at an election that
is to say
(b) any person who is, under any enactment for the time
being in force in Jamaica, certified to be insane or otherwise adjudged
to be of unsound mind or detained as a criminal lunatic
"
Voter Assistance
by Other Citizens
Electoral Law:
(1986: Representation of People Act)
Section 36 subsection (3) states: "The presiding officer,
on the application of any elector who is incapacitated, from any physical
cause other than blindness, from voting in the manner prescribed by this
Act, shall require the elector making such application to make oath
of
his incapacity to vote without assistance, and shall thereafter assist
such elector by marking his ballot paper in the manner directed by such
voter in the presence of the poll clerk and of the sworn agents of the
candidates and of no other person, and shall place such ballot in the
box."
Section 36, subsection (4) states: "The presiding officer
shall either deal with a blind elector in the same manner as with an otherwise
incapacitated voter, or, at the request of any blind voter
and who
has taken the oath
and is accompanied by a friend who is a voter
in the local electoral district, shall permit such friend to accompany
the blind elector into the voting compartment and mark the elector's ballot
for him. No person shall at any election be allowed to act as the friend
of more than one blind elector."
Section 36, subsection (5) states that any friend who marks the
ballot paper for a blind voter is first required to fill out a form.
Section 36, subsection (6) states "whenever any voter has
had his ballot paper marked as provided in subsection (3), (4) or (5),
the poll clerk shall enter into the poll book opposite the elector's name
the
reason why such ballot paper was so marked.
Poll Worker Manuals:
Instructions to Returning Officers, Assistant Returning Officers, Presiding
Officers, and Poll Clerks (1997)
"Any elector who is unable to mark his ballot by reason of
any physical disability other than blindness can vote only by having his
ballot marked for him by the Presiding Officer in the presence of the
Poll Clerk and the agents of the candidate at the polling station."
P 14
must take oral oath first p 14
Blind Elector Voting Provision states that a blind elector may
vote with assistance of Presiding Officer or "in a voting compartment
through the medium of a friend of the elector." Blind elector must
take oral oath, and a friend must take oral oath p 14
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