General Right to Vote
Electoral Law
Elections Act
(1952, as amended 2002)

• Section 12, subsection (1) states,”...every person who...is not a lunatic...shall be entitled to be registered as a voter, and, when registered, to vote at an election.”

Exclusion Based on Mental Disability
Constitution
(2010)

• Section 52, subsection (1) states, No person shall be qualified to be elected as a member of the Legislative Assembly who...(e) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Montserrat.”

Electoral Law
Elections Act
(1952, as amended 2002)

• Form No. 5 (Election Registration Regulations) Section (e) states, “No person shall be entitled to register as a voter in any electoral district who...(e) is a person adjudged to be of unsound mind or detained as a criminal lunatic under any law in force in Monserrat.”
• Section 12, subsection (1) states,”...every person who...is not a lunatic...shall be entitled to be registered as a voter, and, when registered, to vote at an election.”

Election Pamphlet
(2009)

• Section (1) states, “Every person who...(b) is not a person of unsound mind so found under any law in force in Monserrat...shall be entitled to be registered as a voter, and, when registered, to vote at an election.”

Voter Assistance
Electoral Law
Elections Act
(1952, as amended 2002)

• Section 39 states, “The presiding officer shall keep order at his polling station and shall regulate the number of voters to be admitted at a time, and shall exclude all other persons except the Supervisor of Elections, the returning officer, the poll clerk, the candidates, one agent for each candidate appointed by such candidate in accordance with the provisions of section 31, the police officers on duty and the friend, if any, of a blind or otherwise incapacitated voter.”
• Section 40, subsection (2) states, “The presiding officer shall instruct the voter how to make his mark, and shall properly fold the voter’s ballot paper, directing him to return it, when marked, folded as shown, but without inquiring or seeing for whom the voter intends to vote, except when the voter is unable to vote in the manner prescribed by this Act on account of illiteracy, blindness or other physical incapacity.”
• Section 42, subsection (3) states, “The presiding officer, on the application of any voter who is incapacitated from any physical cause other than blindness or by reason of illiteracy from voting in the manner prescribed by this Act, shall require the voter making such application to make oath in the form set out as Form No. 19 in the Second Schedule of his incapacity to vote without assistance, and shall thereafter assist such voter by marking his ballot paper in the manner directed by such voter in the presence of the poll clerk and of no other person, and shall place such ballot in the ballot box.’
• Section 42, subsection (4) states, “The presiding officer shall either deal with a blind voter and a voter who is unable to mark his ballot paper by reason of illiteracy in the same manner as with an otherwise incapacitated voter, or, at the request of any blind voter or a voter who is unable to mark his ballot paper by reason of illiteracy and who has taken the oath in the form set out as Form No. 20 in the Second Schedule, and is accompanied by a friend who is a voter, shall permit such friend to accompany the blind or illiterate voter, as the case may be, into the voting compartment and mark the voter’s ballot paper for him. No person shall at any election be allowed to act as such friend to more than one voter.”
• Section 42, subsection (5) states, “Any friend who in accordance with the provisions of subsection is permitted to mark the ballot paper of a blind voter or a voter who is unable to mark his ballot paper by reason of illiteracy shall first be required to take an oath in the form set out as Form No. 21 in the Second Schedule that he will keep secret the name of the candidate for whom the ballot of such voter is marked by him, and that he has not already acted as the friend of any other voter for the purpose of marking his ballot paper at the pending election.”
• Section 42, subsection (6) states, “Whenever any voter has had his ballot paper marked as provided in subsection (3) or (4), the poll clerk shall enter in the poll book opposite the voter’s name, in addition to any other requisite entry, the reason why such ballot paper was so marked.”

• Constitution - http://constitution.gov.ms/?page_id=7
• Elections Act - http://montserrat.worldlegislation.com/Montserrat/DATA/PRIN/01-04/ElectionsAct%5B000%5D.pdf
• Election Pamphlet – http://www.gov.ms/wp-content/uploads/2009/08/coc-election-pamphlet.pdf