Global Initiative to Enfranchise People with Disabilities: Mauritius - www.electionaccess.org Text Only Version
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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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