General Right to Vote
Constitution
(1994)

• Section 6 states, “Save as otherwise provided in this Constitution, the authority to govern derives from the people of Malawi as expressed through universal and equal suffrage in elections held in accordance with this Constitution in a manner prescribed by an Act of Parliament.”
• Section 80, subsection 2 states, “The President shall be elected by a majority of the electorate through direct, universal and equal suffrage.”

Electoral Law
Parliamentary and Presidential Elections Act
(1993)

• 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
(1994)

• 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 Intellectual Disability
Constitution
(1994)

• 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
Electoral Law
Parliamentary and Presidential Elections Act
(1993)

• 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
Malawi Voting Procedures

• Page 11 states, “The voters should be allowed to enter the polling station to vote, in the order in which they arrive.  However, in certain exceptional circumstances the Presiding Officer may use discretion in allowing a voter to vote out of turn (e.g. a very old person or someone who is incapacitated or blind).
• Page 13 states, “In the case of a voter with any physical disability that incapacitates him/her from individually casting his/her vote, a person of the voters’ choice shall be allowed to assist him/her. If no such person is available, the Presiding Officer may assist the voter, in absolute Secrecy.”

• Constitution - http://www.icrc.org/ihl-nat.nsf/162d151af444ded44125673e00508141/4953f2286ef1f7c2c1257129003696f4/$FILE/Constitution%20Malawi%20-%20EN.pdf
• Malawi Voting Procedures - http://aceproject.org/ero-en/topics/voting-operations/Malawi%20Voting%20Procedures.pdf/view