General Right to Vote
Electoral Law:
(updated 1989: Parliamentary Election Act 1978)
See Sections 3 and 4
Exclusion Based on Mental
Disability
Constitution:
(2000)
Section 30, subsection (1) states: "No person shall be qualified
to be appointed as a Senator or elected as a member of the House of Assembly
who
(c) is a person certified to be insane or otherwise adjudged to be
of unsound mind under any law in force in Bermuda."
Section 55, subsection (2) states: "No person shall be qualified
to be registered as aforesaid who, on the qualifying date
(b) is a person
certified to be insane or otherwise adjudged to be of unsound mind under any
law in force in Bermuda."
Electoral Law:
(updated 1989: Parliamentary Election Act 1978)
Section 4, subsection (2) states that a person "is not entitled
to vote at a parliamentary election
if
(f) he is a person suffering
from mental disorder within the meaning of the Mental Health Act 1968 [title
11 item 36] or is otherwise adjudged to be of unsound mind under any statutory
provision."
Voter Assistance by Other
Citizens
Electoral Law:
(updated 1989: Parliamentary Election Act 1978)
Section 52 states: "The Returning Officer, on the application of
any parliamentary elector who is blind, unable to read or so physically incapacitated
as to be unable to vote in the manner prescribed by section 51 to assist him
in voting, shall require the elector making the application to take an oath
in the prescribed form of his incapacity to vote without assistance and shall
thereafter assist the elector by marking his ballot paper in the manner directed
by such elector and if he so requests in the presence of one other presiding
officer and a friend, and shall place the ballot paper in the ballot box."
Off-Site Voting Alternatives
Electoral Law:
(updated 1989: Parliamentary Election Act 1978)
Section 40, subsection (1) states: "Where any parliamentary elector
who is duly registered
is or is likely to be on the polling day an inmate
of any institution registered under subsection (4) and to be prevented by illness,
infirmity or disability from traveling to the election room, it shall be lawful
for such parliamentary elector to record his vote at an advanced poll to be
held for that purpose at such institution on such date prior to the polling
day as shall be appointed by the Registrar."
Section 40, subsection (4) states: "Any hospital, home for the aged
or other institution for the treatment of any chronic illness or disability
with permanent accommodation for five or more patients may apply to the Registrar
for registration for the purposes of subsection (1) and the Registrar may, if
he is satisfied that it is reasonable to hold an advanced poll in such place,
so register it."
Section 41, subsection (1) states: "
any parliamentary elector
who
is unable or likely to be unable by reason either of illness, infirmity
or disability to travel to the election room, it shall be lawful for such parliamentary
elector to record his vote at an advanced poll to be held for that purpose at
such place
"
Section 41, subsection (2) continues: "for the purpose of voting
at any advanced poll held as above, such parliamentary elector must apply to
the Chief Medical Officer for a specially issued card certifying incapacity
and the Chief Medical Officer, if satisfied that the applicant is incapacitated,
shall thereupon issue him with such a card under his hand for the purpose of
enabling him to vote at an advanced poll, stating the name of such parliamentary
elector and the fact that he is incapacitated."
Section 41, subsection (3) concludes: "any parliamentary elector
desiring to vote at any advanced poll
shall
be allowed to vote in
like manner as he would have been entitled so to do on the day appointed for
the taking of the poll."