Global Initiative to Enfranchise People with Disabilities: Samoa

Global Initiative to Enfranchise People with Disabilities: Samoa - www.electionaccess.org

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.

Samoa

General Right to Vote
Constitution
(1962)

See sections 44 and 45

Electoral Law
(1963, last amended 2009)

Section 16, subsection (1) states, “Subject to the provisions of the Constitution and of this Act every adult person shall be qualified to be an elector of a constituency if, (a) He or she is a Samoa citizen; and (b) his or her name does not appear on the individual voters roll.”

Exclusion Based on Intellectual Disability
Electoral Law
(1963, last amended 2009)

Section 5, subsection (5) states: "A person shall be disqualified for being a candidate or being elected as a Member of Parliament if he...(c) Is of unsound mind and is subject to an order of medical custody made under the Mental Health Act 2007."

Section 16B, subsection (1) states, “The following persons are disqualified for registration as electors or voters...(a) A person who is detained in a hospital, a prison or some other place of security under the Mental Health Act 2007.”

Section 19, subsection (1) states, "Subject to the provisions of the Constitution and of this Act every person shall be qualified to be an individual voter and to have his name entered on the individual voters' roll if he is...not disqualified as a candidate for election by virtue of any of the provisions of section 5...”

Voter Assistance
Electoral Law
(1963, last amended 2009)

Section 73

Subsection (1) states, “Any elector or voter who is wholly or partially blind or is unable to read or write (whether because of a physical handicap or otherwise), or is not sufficiently familiar with the English language to vote without assistance, may vote in accordance with the provisions of this section."

Subsection (2)states, “At the request of any such elector or voter who has received a ballot paper the Presiding Officer shall accompany him into one of the inner compartments provided for the marking of ballot papers, and the ballot paper may be there marked by the elector or voter with the assistance of the Presiding Officer or may be marked by the Presiding Officer in accordance with the instructions of the elector or voter."

Subsection (3) states, “The person assisting the elector or voter shall sign his name on the back of the ballot paper and shall add the words 'Witness for blind or partially blind person' or 'Witness for person unable to read or write' or 'Witness for person not familiar with the English language,' as the case may be, and shall fold the ballot paper so that its face cannot be seen before depositing it in the ballot box.”

Subsection (4) states, “A poll clerk or some other person nominated by the elector or voter may also accompany him into the inner compartment and may, if so desired by the elector or voter, inspect the ballot paper before it is deposited in the ballot box.”

Subsection (5) states, “Every person who is present in accordance with this section or with any regulations when an elector or voter votes and who communicates at any time to any person any information obtained as to the candidate for whom the elector or voter is about to vote or has voted, or as to the number on the ballot paper given to the elector or voter, commits an offence, and shall be liable to imprisonment for a term not exceeding three months."