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United
Kingdom
General Right to
Vote
Electoral Law:
(2000: Representation of People Act)
Section 1, subsection (1) states: "A person is entitled to
vote as an elector at a parliamentary election in any constituency if
on the date of the poll he (a) is registered in the register of parliamentary
electors for that constituency; (b) is not subject to any legal incapacity
to vote (age apart); (c) is either a Commonwealth citizen or a citizen
of the Republic of Ireland; and (d) is of voting age (that is, 18 years
or over)."
Exclusion Based
on Mental Disability
Electoral Law:
(1983: Representation of People Act)
Disqualification on the grounds of mental incapacity
(2000: Representation of People Act)
Section 2 discusses the "disenfranchisement of offenders detained
in mental hospitals."
Poll Worker Manuals:
Knight's Handbook for Presiding Officers and Polling and Counting Clerks:
Produced by Charles Knight Publishing (1989)
"It is possible that a person applying for a ballot paper
will appear to the presiding officer [. . .] to be suffering from some
mental disability. The presiding officer should not prevent such a person
voting unless he is in such a state that he does not understand the purpose
for which he has come to the polling station." P 23
Voter Assistance
By Other Citizens
Electoral Law:
(2000: Representation of People Act)
Section 13 revises Rule 39 of Representation of the People Act
of 1983. This rule now reads:
o "(1) If a voter makes an application to the presiding officer to
be allowed, on the grounds of (a) blindness or other physical incapacity
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 voter to declare, orally or in writing, whether he is so incapacitated
by his blindness or other incapacity
as to be unable to vote without
assistance."
o "(2) If the presiding officer (a) is satisfied that the voter is
so incapacitated, and (b) is also satisfied by a written declaration made
by the companion (in these rules referred to as 'the declaration made
by the companion of a voter with disabilities') that the companion (i)
is a qualified person within the meaning of this rule, and (ii) has not
previously assisted more than one voter with disabilities to vote at the
election, the presiding officer shall grant the application, and then
anything which is by these rules required to be done to or by that voter
in connection with the giving of his vote may be done to, or with the
assistance of, the companion."
o "(3) For the purposes of these rules, a person is a voter with
disabilities if he has made such a declaration as is mentioned in paragraph
(1) above, and a person shall be qualified to assist a voter with disabilities
to vote if that person (a) is a person who is entitled to vote as an elector
at the election; or (b) is the father, mother, brother, sister, husband,
wife, son or daughter of the voter and has attained the age of 18 years."
o "(4) The name and number in the register of electors of every voter
whose vote is given in accordance with this rule and the name and address
of the companion shall be entered on a list (in these rules referred to
as 'the list of voters with disabilities assisted by companions'). In
the case of a person voting as proxy for an elector, the number to be
entered together with the voter's name shall be the elector's number."
o "(5) The declaration made by the companion (a) shall be in the
form in the Appendix; and (b) shall be made before the presiding officer
at the time when the voter applies to vote with the assistance of a companion
and shall forthwith be given to the presiding officer who shall attest
and retain it."
o "(6) No fee or other payment shall be charged in respect of the
declaration."
Further, the phrases "blind person" and "blind voter"
are substituted "voter with disabilities. A note is added: "A
voter with disabilities is a voter who has made a declaration under the
parliamentary elections rules that he is so incapacitated by his blindness
or other incapacity
as to be unable to vote without assistance."
Poll Worker Manuals:
Knight's Handbook for Presiding Officers and Polling and Counting Clerks:
Produced by Charles Knight Publishing (1989)
If a voter declares orally or on his voter application that he
is incapacitated by blindness, other physical cause or that he is unable
to read, "the presiding officer must, in the presence of the polling
agents," mark the ballot paper for the voter as the voter directs.
p 23
A blind voter may vote with the assistance of someone of his choice
who accompanies him to the polling station.
The assistant must declare on written form that he has not assisted
anyone else and under what qualification he/she fall in order to be an
assistant
The voter must declare orally that he is blind and unable to vote
without assistance p 24
Off-Site Voting
Alternatives
Electoral Law:
(1983: Representation of People Act)
Section 19, subsection (1) states: "A person voting as an
elector at a parliamentary election shall do so in person at the polling
station allotted to him under the parliamentary elections rules except
in so far as this section makes exceptions for
(c) those unable or
likely to be unable, by reason either of blindness or any other physical
incapacity
to go in person to the polling station or, if able to
go, to vote unaided
"
Section 20 states: "(1) An application to be treated as an
absent voter at parliamentary elections shall be made to the registration
officer and shall be allowed by him if he is satisfied that the applicant
is, or will if registered be, entitled under section 19 above to vote
as an absent voter. (2) The application shall be for a particular election
only, unless it is based on
(b) the applicant's physical incapacity
"
Promotes
Access
Electoral Law
(1983: Representation of People Act)
Rule 29 (3A) states: "The returning officer shall also provide
each polling station with (a) at least one large version of the ballot
paper which shall be displayed inside the polling station for the assistance
of voters who are partially-sighted; and (b) a device of such description
as may be prescribed for enabling voters who are blind or partially-sighted
to vote without any need for assistance from the presiding officer or
any companion."
(2001:
Representation of People Regulations)
Section 12 states:
o "(1) The device referred to in rule 29(3A)(b) of the rules in Schedule
1 to the 1993 shall be of the description set out in this regulation."
o "(2) The device must be capable of being attached firmly to a ballot
paper and of being removed from it after use without damage to the paper."
o "(3) On the right-hand side of the device there shall be tabs of
equal size which satisfy the condition in paragraphs (4) to (7) below.
o "(4) The tabs shall be capable of being positioned on the ballot
paper so that each one is above one of the spaces to the right of the
particulars of the candidates on which the vote is to be marked ('the
relevant space').
o "(5) Each tab shall be numbered so that, when the devide is positioned
over a ballot paper, the number of each tab corresponds to that of the
candidate whose particulars are to the left of the relevant space covered
by the tab in question.
o "(6) Each number on a tab shall be in a raised form so that it
can be clearly identified by touch.
o "(7) Each tab shall be capable of being lifted so as to reveal
the relevant space and so that there is suffficient room to allow a voter
to mark a cross on that space."
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