General Right to
Vote
Constitution:
(1996)
• See sections 57 and 58.
Exclusion Based
on Mental Disability
Constitution:
(1996)
• Section 54 states: "No person shall be qualified to be elected
as a member of the House of Representatives…(e) if he is interdicted
or incapacitated for any mental infirmity or for prodigality by a court
in Malta, or is otherwise determined in Malta to be of unsound mind..."
• Section 58 states: "No person shall be qualified to be registered
as a voter for the election of members of the House of Representatives
if (a) he is interdicted or incapacitated for any mental infirmity or
for prodigality by a court in Malta, or is otherwise determined in Malta
to be of unsound mind..."
Voter Assistance
by Other Citizens
Electoral Law:
(1996)
• Section 72, subsection (1) states: "Any voter who declares
to, and shows to the satisfaction of, the Assistant Commissioners that
he is unable by reason of blindness, other physical cause, or illiteracy
to mark his ballot paper, may request an Assistant Commissioner to mark
the paper on his behalf indicating for which candidate or candidates he
wishes to vote and the order in which he wishes to record his vote: provided
that the voter may not ask for any particular Assistant Commissioner to
mark the ballot paper on his behalf."
• Section 72, subsection (2) states: "The Assistant Commissioners
are bound to secrecy with regard to the voting of persons whom they have
assisted to vote."
• Section 72, subsection (3) states: "There shall be not less
than two Assistant Commissioners present when the vote is being recorded
under the provisions of subsection (1) of this section, but no other person
shall be allowed in the room."
• Section 72, subsection (40) states: "When an Assistant Commissioner
is authorized to assist a voter to record his vote, the Assistant Commissioner
shall require such voter to confirm his declaration on oath, and on satisfying
himself of the correctness of such declaration he shall record the vote
of such voter on the ballot paper…" A procedure is further laid
out for the taking of the vote.
Off-Site Voting
Alternatives
Electoral Law:
(1996)
• Part XII (Sections 80-84) discusses "Voting in Retirement
Homes," which are defined as "such place or places principally
used for the care of elderly persons in which at least fifty voters reside."
