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New Zealand
General Right to
Vote
Constitution:
(1986)
See section 10
Exclusion Based
on Mental Disability
Electoral Law:
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, being
o (i) A person who, having been found by a Court or Judge to be under
disability within the meaning of Part VII of the Criminal Justice Act
1985, or having been acquitted on account of his or her insanity within
the meaning of that Act, is detained as a special patient pursuant to
an order or direction under section 115(1) or section 116 or section 117
of that Act and has been so detained for a period exceeding three years:
o (ii) A person who, having been found by a Court, on conviction of any
offence, to be mentally disordered, is detained as a patient pursuant
to an order under section 118 of the Criminal Justice Act 1985 and has
been so detained for a period exceeding 3 years:
o (iii) A person who has been subject to, and has for a period exceeding
3 years been subject to, a compulsory treatment order made on an application
under section 45(3) of the Mental Health (Compulsory Assessment and Treatment)
Act 1992:
o (iv) A person detained under section 46 of the Mental Health (Compulsory
Assessment and Treatment) Act 1992, being a person to whom paragraph (d)
of this subsection would otherwise apply
" (i.e. a person in
prison)
Voter Assistance
by Other Citizens
Electoral Law:
Section 170 states:
o "(1) Any elector who is wholly or partially blind or
is unable
to read or write or has severe difficulty in reading or writing
may
vote in accordance with the provisions of this section."
o "(2) At the request of any such voter, any person nominated by
the voter, or, if no person is so nominated, the Deputy Returning 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 Deputy Returning Officer, or may be marked by the person
nominated or, as the case may be, by the Deputy Returning Officer in accordance
with the instructions of the voter."
o "(3) A voter to whom subsection (2) of this section 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."
o "(4) 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."
o "(5) Any person commits an offence, and shall be liable on summary
conviction to imprisonment for a term not exceeding 3 months, 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."
Off-Site Voting
Alternatives
Poll Worker Manuals:
Returning Officer's Manual (1996)
Out of four types of votes, two of them are Ordinary Hospital votes
and Special Votes. (1996 Sec. 3.2.1)
Special voting must be made available at every hospital, maternity
home, or institution for the reception and relief of people requiring
treatment or care for any illness, disease, disability, or for the convalescent,
infirm, etc.
Special voting must also be made available to voters who by reason
of hardship or serious inconvenience may vote prior to polling day. (1996
Sec. 3.6.3)
Special voter declaration forms must be signed by the special voters
and hospital voters themselves. (1996 Sec. 3.5.6)
Handbook: A guide for polling day staff (1996)
Details of issuance of Special Voter Declaration form and process
(1996a 24-32)
Promotes Access
Poll Worker Manuals:
Returning Officer's Manual (1996)
"At least twelve polling places in each electorate must have
access that is suitable for persons who are physically disabled. Returning
Officers should select as many polling places with access for the disabled
as possible." (1996, Sec. 2.2.15)
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