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New Zealand
General Right to Vote
Constitution
(1986)
- Section 10, subsection (4) states, “The House of Representatives shall have as its members those persons who are elected from time to time in accordance with the provisions of the Electoral Act 1993, and who shall be known as members of Parliament.”
Exclusion Based on Intellectual Disability
Electoral Law
(1993)
- Section 80, subsection (1) states: "The following persons are disqualified for registration as electors...(c) a person who is detained in a hospital under the Mental Health (Compulsory Assessment and Treatment) Act 1992 or in a secure facility under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, and to whom one of the following applies...
- the person has been found by a court or a Judge to be unfit to stand trial within the meaning of the Criminal Procedure (Mentally Impaired Persons) Act 2003, or has been acquitted on account of his or her insanity, and (in either case) is detained under an order or direction under section 24 or section 31 or section 33 of that Act or under the corresponding provisions of the Criminal Justice Act 1985 and has been so detained for a period exceeding 3 years:
- the person has been found by a court, on conviction of any offence, to be mentally impaired, and is detained under an order made under section 34 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 or section 118 of the Criminal Justice Act 1985, and has been so detained for a period exceeding 3 years:
- the person is subject to, and has for a period exceeding 3 years been subject to, a compulsory treatment order made following an application under section 45(2) of the Mental Health (Compulsory Assessment and Treatment) Act 19992 or a compulsory care order made following an application under section 29(1) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003;
- the person is detained under section 46 of the Mental Health (Compulsory Assessment and Treatment) Act 1992, and is a person to whom paragraph (d) would otherwise apply.”
Voter Assistance
Electoral Law
(1993)
- Section 78, subsection (3A) states, “If a Maori who wishes to exercise the option given by section 76(1) [registering to vote] is physically disabled or outside New Zealand, the form may be signed on his or her behalf...”
- Section 85, subsection (2) states, “If a person making an application or declaration in respect of registration as an elector is physically disabled or is outside New Zealand, the application or declaration may be signed on his or her behalf...”
- Section 147, subsection (3) states, “...the Returning Officer for each district in which a poll is required to be taken shall, not later than the day before polling day, publish- the polling places in the district that have suitable access for persons who are physically disabled.”
- Section 155, subsection (4) states, “At least 12 polling places within the limits of each district shall have access that is suitable for persons who are physically disabled.”
- Section 170 states...
- Any elector who is wholly or partially blind, or (whether because of physical handicap or otherwise) is unable to read or write or has severe difficulty in reading or writing, or is not sufficiently familiar with the English language to vote without assistance, may vote in accordance with the provisions of this section.
- At the request of any such voter, any person nominated by the voter, or, if no person is so nominated, the issuing officer, shall accompany the voter into one of the inner compartments provided for the marking of ballot papers, and the ballot paper may there be marked by the voter with the assistance of the person nominated or, as the case may be, of the issuing officer, or may be marked by the person nominated or, as the case may be, by the issuing officer in accordance with the instructions of the voter.
- A voter to whom subsection (2) applies, whether or not he or she nominates a person for the purposes of that subsection, may nominate a person or another person, as the case may require, to inspect the ballot paper before it is deposited in the ballot box.
- Any elector voting as a special voter may vote in the manner prescribed by this section, with any necessary modifications, or in any manner prescribed by regulations made under this Act.
- Every person commits an offence, and shall be liable on summary conviction to a fine not exceeding $1,000, who, being a person who is present in accordance with this section or with any regulations when an elector votes, communicates at any time to any person any information obtained as to the constituency candidate or party for whom the voter is about to vote or has voted, or as to the number on the ballot paper given to the voter.
- Regulations made under section 267 may make provision for electors who are wholly or partially blind to vote by means of devices that enable them to vote without assistance despite the fact that they are wholly or partially blind.
Poll Manuals
Everything you need to know about enrolling to vote
- Page 4 states, “If you are physically disabled and need help to complete and return your enrollment [to vote] form here’s what you can do:
- You can have your form completed and signed by a registered elector. They must print on your form next to their signature ‘Elector Physically Disabled – signed by their direction.’
- Or, you can have the form completed and signed by a person who holds a Power of Attorney from you. They must print on the form next to their signature ‘Elector Physically Disabled - Power of Attorney.”
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