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Mauritius
General Right to
Vote
Constitution:
(1981)
See sections 42-44
Exclusion Based
on Mental Disability
Constitution:
(1981)
Section 34, subsection (1) states: "No person shall be qualified
to be elected as a member of the Assembly who
(e) is a person adjudged
to be of unsound mind or detained as a criminal lunatic under any law
in force in Mauritius..."
Section 43 states: "No person shall be entitled to be registered
as an elector who
(b) is a person adjudged to be of unsound mind
or detained as a criminal lunatic under any law in force in Mauritius
"
Exclusion Based
on Physical Disability
Constitution:
(1981)
Section 33 states: "Subject to section 34, a person shall
be qualified to be elected as a member of the Assembly if, and shall not
be so qualified unless, he
(d) is able to speak and, unless incapacitated
by blindness or other physical cause, to read the English language with
a degree of proficiency sufficient to enable him to take an active part
in the proceedings of the Assembly."
Voter Assistance
by Other Citizens
Electoral Law:
(1968: Legislative Assembly Elections Regulations)
Section 37, subsection (1) states: "If any elector is incapacitated
by blindness or other physical cause from voting in the manner laid down
in these regulations
the poll clerk shall, at the request of the
elector, and on being so ordered by the presiding officer, and in his
presence and that of another election officer, mark the vote of such elector
on a ballot paper in the manner directed by such elector, and the ballot
paper so marked shall be placed in the ballot box; and the name and number
on the register of electors of every elector whose vote is so marked for
him, and the reason why it is so marked, shall be entered on a list to
be called the 'list of votes marked by the presiding officer.'"
Section 37, subsection (2) states: "All necessary precautions
shall be taken by the presiding officer to ensure that no person, save
the person by whom the ballot paper is marked for the voter and the other
election officer present, shall know for whom such voter has voted."
(1958: Village Council Elections)
Section 30, subsection (1) states: "If any elector makes an
application to the presiding officer to be allowed to vote with the assistance
of another person by whom he is accompanied
the presiding officer
shall proceed as hereinafter provided."
Section 30, subsection (2) continues: "If the presiding officer
is satisfied that the elector is an incapacitated person and is also satisfied
by a declaration made by the companion that the companion is a qualified
person within the meaning of this regulation, has not previously assisted
more than one incapacitated person to vote at the election, is not a relative
of a candidate or his agent and neither a polling agent nor a candidate
at such election, the presiding officer shall grant the application, and
thereupon anything which is by these regulations required to be done or
to by the said elector in connection with the giving of his vote may be
done to, or with the assistance of, the companion."
Section 30, subsection (3) lays out who may act to assist an incapacitated
voter; only an immediate family member who is of voting age is eligible.
Section 30, subsection (4) states: "If the incapacitated person
declares to the presiding officer that he is not accompanied by as companion
as provided in paragraphs (1), (2) and (3) of these regulations, the poll
clerk shall, at the request of the presiding officer, and in his presence
mark the vote of such incapacitated person in the manner directed by such
incapacitated person."
Section 30, subsections (5) concerns entry into the "list
of electors assisted" for incapacitated voters.
Section 30, subsections (6) concerns the oath of the companion.
Section 30, subsection (7) defines incapacitated person as "a
person incapacitated by blindness or other physical cause from voting
in the manner laid down in these regulations
"
Indelible Ink Excusal
Electoral Law:
(1968: Legislative Assembly Elections Regulations)
Section 31 contains discussion of inking thumb of voter. It reads
"
and may require such person to furnish an impression of his
thumb or, if he is incapacitated by physical cause from impressing his
thumb print, of such other finger as may be available for the purpose."
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