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Trinidad and Tobago
General Right to
Vote
Constitution:
(1980)
Section 51 states: "Subject to such disqualifications as Parliament
may prescribe, a person shall be qualified to vote at an election of member
to serve in the House of Representatives if, and shall not be qualified
to vote at such an election unless, he (a) is a Commonwealth citizen (within
the meaning of section 18) of the age of eighteen years or upwards; and
(b) has such other qualifications regarding residence or registration
as may be prescribed."
Exclusion Based
on Mental Disability
Constitution:
(1980)
Section 42, subsection (1) states: "No person shall be qualified
to be appointed as a Senator who
(d) is mentally ill, within the
meaning of the Mental Health Act, 1975."
Section 48, subsection (1) states: "No person shall be qualified
to be elected as a member of the House of Representatives who
(c)
is mentally ill, within the meaning of the Mental Health Act, 1975."
Electoral Law:
(1990: Representation of the People)
Section 15, subsection (1) states: "No person is qualified
to be or to remain registered as an elector who
(a) is mentally ill,
within the meaning of the Mental Health Act."
Voter Assistance
By Other Citizens
Electoral Law:
(1990: Representation of the People)
Rule 15, subrule (5) states: "If a person referred to in subrule
(4) has no finger on either hand, the registration record card and the
identification card of the person shall be signed for and on behalf of
the person by a friend of his choice in the presence of the Assistant
Registration Officer.
Rule 48 states: "Subject to rules 38 to 46, the Presiding
Officer, on the application of an elector who is physically incapacitated
by blindness from voting in the manner directed by these Rules, shall
require the elector to make oath in the form set out as Form No. 58 or
59 in the Prescribed Forms Rules, as the case may be, and on the elector
making such oath the Presiding Officer shall, in the presence of the elector,
the poll clerk and any other polling agent who may be present, record
the vote of the elector in the manner directed by him."
Rule 49, subrule (1) states: "If an elector makes an application
to the Presiding Officer to be allowed on the ground of physical incapacity
other than blindness to vote with the assistance of another person by
whom he is accompanied (in these Rules referred to as 'the companion'),
the Presiding Officer shall require the elector to make oath in the form
set out as Form No. 59 in the Prescribed Forms Rules."
Rule 49, subrule (2) continues: "On the elector making such
oath the Presiding Officer shall require the companion to make a declaration
in the form set out as Form No. 60 in the Prescribed Forms Rules, that
the companion is a qualified person within the meaning of this rule and
has not previously assisted more than one physically incapacitated person
to vote at the election."
Rule 49, subrule (3) continues: "Upon the applicant and the
companion complying with subrules (1) and (2), and subject to rules 38
to 47, the Presiding Officer shall grant the application, and thereupon
anything which is by these Rules required to be done to or by the elector
in connection with the giving of his vote may be done to, or with the
assistance of, the companion."
Rule 49, subrule (4) continues: "For the purpose of this rule,
a person is qualified to assist a physically incapacitated person if that
person is either (a) a person who is entitled to vote as an elector at
the election, or (b) the father, mother, brother, sister, husband, wife,
son or daughter of the physically incapacitated elector and has attained
the age of eighteen years."
Rule 49, subrule (1) concludes: "Nothing in this rule applies
or shall be deemed to apply to a person who is physically incapacitated
by reason of blindness."
Poll Worker Manuals:
Instruction Guide on the Election Process for Trainers: Produced by Elections
and Boundaries Commission (1996)
An elector who is incapacitated other than by blindness may be
assisted by a companion.
The elector must make an Affirmation and the companion must sign
the Declaration Form p 9
Off-Site Voting
Alternatives
Electoral Law:
(1990: Representation of the People)
Rule 59 states: "An elector is eligible to be treated as a
special elector if he is
(j) unable or likely to be unable to go
in person to the polling station at which he is entitled to vote by reason
of being (i) a patient in a public hospital, or in a private hospital
approved by the Commission, or an inmate in a public institution
"
Rule 83 discusses provisions for physically incapacitated special
electors.
Indelible Ink Excusal
Electoral Law:
(1990: Representation of the People)
Rule 15, subrule (4) states: "When a person who is being registered
is unable to sign his name because of illiteracy or physical disability,
he shall, subject to subrule (5), make an impression in ink on the original
and the duplicate of his registration record card and on his identification
card as follows: (a) with his right thumb; (b) with his left thumb, should
he not have a right thumb; or (c) with any other finger, should he not
have any thumb.
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