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Trinidad and Tobago
General Right to
Vote Constitution
(1976, as amended 2000)
- 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
(1976, as amended 2000)
- 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
Representation of the People Act
(1967, as amended 2000)
- Rule 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."
- Form 39 “Statutory Declaration of a Person Nominated for Election as a Member of The House of Assembly” includes the statement, “5. I am not a person to be of unsound mind under any law.”
Representation of the People Act- Registration Rules
(1967, as amended 2000)
- Rule 41, subsection (11), part 10 lists, “adjudge of unsound mind or certified to be insane,” as a reason for removal from the list of registered voters.
Voter Assistance
Electoral Law
Representation of the People Act
(1967, as amended 2000)
- 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.”
- Rule 33, subsection (3) states, “Subject to Rule 48, the presiding officer shall not allow any person except the companion of a physically handicapped, blind, or visually impaired voter to be in a position that will permit such person to see or ascertain how that voter votes or has voted.”
- Rule 37, subsection (7) states, “Where the elector is unable to sign his name because of illiteracy or physical disability, including blindness or visual impairment, he shall make an impression in ink on the original of the poll card in the place directed by the Poll Clerk as follows: (a) with his right thumb, where he has one; (b) where he has no right thumb, with the finger, as ascertained by the Poll Clerk from the unit register with which the elector is recorded as having made his impression on the registration record.”
- Rule 37, subsection (8) states, “Where the elector has no finger on either hand, the poll card shall be signed for and on his behalf by a companion or a candidate or Polling Agent or an Election Agent; and the Poll Clerk shall make a note to that effect upon the original of the poll card.”
- Rule 48, subsection (1) states, “Subject to rules 38 to 47, the Presiding Officer on application of an elector who is incapacitated by blindness, visual impairment or by other physical cause and who is, therefore unable to vote in the manner directed by these rules, shall require the elector to swear an oath in the form set out as Form No. 58 or 59 in the Prescribed Forms Rules, as the case may be, and on making such oath the elector shall be allowed to cast his vote with the use of template or the assistance of a companion of his choice.”
- Rule 48, subsection (2) states, “Where a blind or visually impaired elector opts to vote with the use of a template, the Presiding Officer shall provide him with a template to assist him in marking his ballot paper.”
- Rule 48, subsection (5) states, “A person incapacitated by blindness, visual impairment or other physical cause shall not be a companion to an elector under these Rules.”
- Rule 48, subsection (6) states, “Where the assistance of a companion is required the elector may request that the Presiding Officer present with the elector and his companion in the voting booth.”
- Rule 83, subsection (1) states, “Where the Special Presiding Officer is of the opinion that a special elector is physically incapacitated by blindness or otherwise to the extent that he is unable to record his vote on the ballot paper or to insert his ballot into the special box without the assistance of another person, the Special Presiding Officer shall allow that special elector to vote with the assistance of a companion who is of the age of eighteen years or over, in the presence of the Presiding Officer, after the companion has made a declaration of secrecy in the form set out as Form No. 51 in the Prescribed Forms Rules.”
- Rule 83, subsection (2) states, “Where a special elector is unable to sign the declaration of identity by reason of illiteracy or physical incapacitation, the declaration of identity shall be signed by a companion who is of the age of eighteen years or over and who shall indicate in block letters the identity and address of the special elector.”
Off-Site Voting
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 76 discusses the establishment of special polling stations for special electors.
- Rule 83 discusses provisions for physically incapacitated special electors
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