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Malawi
General Right to
Vote
Constitution:
Section 77, subsection (1) states: "All persons shall be eligible
to vote in any general election, by-election, presidential election, local
government election or referendum, subject only to this section."
Electoral Law:
(1993: Parliamentary and Presidential Elections)
Section 15 states: "Every citizen of Malawi residing in Malawi
and who, on or before the polling day, shall have attained the age of
eighteen years shall be eligible to register as a voter in an election."
Specific Inclusion
of People with Disabilities
Constitution:
Section 13 states: "The state shall actively promote the welfare
and development of the people of Malawi by progressively adopting and
implementing policies and legislation aimed at achieving the following
goals
(g) To support the disabled through (i) greater access to public
places; (ii) fair opportunities in employment; and (iii) the fullest possible
participation in all spheres of Malawian society."
Exclusion Based
on Mental Disability
Constitution:
Section 51, subsection (2) states: "Notwithstanding subsection
(1), no person shall be qualified to be nominated or elected as a Member
of Parliament who
(b) is, under any law in force in the Republic,
adjudged or otherwise declared to be mentally incompetent
"
Section 77, subsection (3) states: "No person shall be qualified
for registration as a voter in a constituency if that person (a) is under
any law in force in the Republic adjudged or otherwise declared to be
mentally incompetent
"
Section 80, subsection (7) states: "No person shall be eligible
for nomination as a candidate for election as President or First Vice
President or for appointment as first Vice President or Second Vice President
if that person (a) has been adjudged or declared to be of unsound mind."
Exclusion Based
on Physical Disability
Constitution:
Section 51, subsection (1) states: "A person shall not be
qualified to be nominated or elected as a Member of the Parliament unless
that person
(b) is able to speak and to read the English language
well enough to take an active part in the proceedings of Parliament."
Voter Assistance
by Other Citizens
Electoral Law:
(1993: Parliamentary and Presidential Elections)
Section 87 states: "A voter who is blind or is affected by
disease or other physical disability may vote accompanied by another registered
voter of his own choice or, failing such voter, by a polling station officer
who shall assist such person in casting his vote and shall act faithfully
to the wish expressed by such person and with absolute secrecy regarding
the vote cast by such person."
Poll Worker Manuals:
Voters Registration Procedures Manual for Parliamentary and Presidential
Elections: Produced by the Malawi Electoral Commission (1999)
Handicapped, blind, or disabled people cannot have someone register
for them. However, they may receive assistance at the Registration Centre
p 26
Official Presiding officer's Manual for National Referendum (1993)
Blind voters or people with physical disabilities that incapacitate
them from individually casting their votes may receive assistance from
a person of their choice.
Municipal Council Elections Memo for Presiding Officers (1988)
"Blind and incapacitated voters are to be given every assistance
on arrival and may be conducted by polling agents on duty from the entrance
to the polling station as far as the entrance to their appropriate voting
room"
Off-Site Voting
Alternatives
Poll Worker Manuals:
Voters Registration Procedures Manual for Parliamentary and Presidential
Elections: Produced by the Malawi Electoral Commission (1999)
Persons in the hospital may not register during the Registration
Period. The program will only register persons at Registration Centres
during the Registration Period p 26
Official Presiding officer's Manual for National Referendum (1993)
Proxy voting procedures
Promotes Access
Poll Worker Manuals:
Municipal Council Elections Memo for Presiding Officers (1988)
"Only vehicles carrying incapacitated voters will be permitted
to drop their passengers at the entrance to the precincts of the Polling
Station"
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