Global Initiative to Enfranchise People with Disabilities: Mauritius - www.electionaccess.org
Back to Africa  
  Best Practices: IFES and other groups have implemented innovative practices around the world.
Laws and Regulations:  A country-by-country analysis of election laws, constitutions and regulations, and how these affect citizens with disabilities.     Publications  
   
   

Mauritius

General Right to Vote
Constitution
(1981)

  • See sections 42-44

Exclusion Based on Intellectual 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..."

Electoral Law
Local Government Act
(1989)

  • Section 29 states, “No person shall be entitled to be registered as an elector for the election of members of a local authority where he...(b) is a person adjudged to be of unsound mind or detained as a criminal lunatic under any enactment.”

Rodrigues Regional Assembly Act
(2001)

  • Section 5, subsection (2) states, “no person shall be registered as an elector- (c) if he- (ii) is a person sdjudged 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
Electoral Law
Municipal Council Elections Regulations
(1958)

  • Section 30, subsection (1) states, “If any elector is incapacitated by blindness or other physical cause from voting in the manner laid down in these regulations or declares that he is unable to read or understand the symbols, 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...”
  • Section 30, 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.”

Representation of the People Act
(1958)

  • Section 10 states, “(c) Where, for a physical reason the claimant cannot affix his thumb print, he may affix the print of another finger. (d) Where, for a physical reason, a claimant cannot affix the print of any finger, the registration officer shall insert a note to that effect on the registration form.”

National Assembly Elections Regulations
(1968)

  • Section 31, subsection (1) discusses inking the 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.”
  • Section 37 repeats verbatim section 30 of the Municipal Council Elections Regulations

Village Council Elections Regulations
(1961)

  • 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 (hereinafter referred to as “the companion”), the presiding officer shall proceed as hereinafter provided.
  • Section 30, subsection (2) states, “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 the 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 regulatiosn required to be done to or 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) lists those persons qualified to assist an incapacitated voter to vote.
  • Section 30, subsection (4) states, “If the incapacitated person declares to the presiding officer that he is not accompanied by a companion as provided in paragraphs (1), (2), and (3) of this regulation, the poll clerk shall, at the request of the presiding officer, and in his presence mark in vote of such incapacitated person in the manner directed by such incapacitated person.”
  • Section 30, subsection (5) states, “The name and number of the register of electors of every elector whose vote is marked in accordance with this regulation and the name and number in the register of electors of the companion, if any, shall be entered by the presiding officer on a list to be called “the lsit of electors assisted.”
  • Section 30, subsection (6) describes the declaration the companion of an incapacitated elector must make.
  • Section 30, subection (7) states, “For the purposes of this regulation an incapacitated person means a person incapacitated by blindness or other physical cause from voting in the manner laid down in these regulations or a person who declares that he is unable to read or understand the symbols or write.”

Rodrigues Regional Assembly Election Regulations
(2002)

  • Section 39 repeats section 30 of the Village Council Elections Regulations verbatim.

 



 
  Laws and Regulations:  A country-by-country analysis of election laws, constitutions and regulations, and how these affect citizens with disabilities.
  Rights and Standards:  IFES and other groups have drafted global standards on the electoral rights of citizens with disabilities.
  Best Practices: IFES and other groups have implemented innovative practices around the world.
  Publications
  Contacts and Links