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Samoa
General Right to
Vote
Constitution
(1920)
See section 44
Exclusion Based
on Mental Disability
Electoral Law:
(1963: Electoral)
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 Ordinance 1961."
Section 16, subsection (1) states: "Subject to the provisions
of the Constitution and of this Act every person shall be qualified to
be registered as an elector of a constituency if
(c) Hs (sic) is
not disqualified as a candidate for election by virtue of any of the provisions
of section 5 of this Act."
Section 18, subsection (2) states: "A person shall not be
qualified to be elected to the office of Head of State (a) if he is not
a person qualified to be elected as a Member of Parliament
"
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 of this Act
"
Voter Assistance
by Other Citizens
Electoral Law:
(1963: Electoral)
Section 73 states:
o "(1) 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."
o "(2) 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."
o "(3) 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."
o "(4) 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."
o "(5) 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."
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