General Right to Vote
Constitution:
(1972)
See sections 25-27
Voter Assistance By Other
Citizens
Electoral Law:
(1995 rev: Elections Law of 1983)
Section 41, subsection (3) states: "the presiding officer, on the
application of any voter who is incapacitated from physical or other disability
from voting without assistance
shall require the voter making such application
to make oath in Form 29 of his incapacity to vote without assistance
"
Section 41, subsection (4) continues: "if any such voter as is referred
to in subsection (3) requests the assistance of the presiding officer in marking
his ballot, the presiding officer shall thereafter assist such voter by marking
his ballot paper in the manner directed by such voter in the presence of the
poll clerk and, if so requested by the voter, the presence of a friend."
Section 41, subsection (5) states that such a friend "shall not
be allowed to be present unless he first takes the oath in Form 20.
Section 41, subsection (6) states that "whenever any voter has had
his ballot paper marked as provided in subsection (4) the poll clerk shall enter
in the poll book opposite the voter's name
the reason why such ballot paper
was so marked."
Poll Worker Manuals:
(1996: Handbook for Presiding Officers and Poll Clerks)
Under section 41 subsection (4), in italics: "Special Note: Agents
at the polling station cannot observe how the presiding officer marks the ballot
paper if he is requested to do so by a voter who suffers from a physical or
other disability."
Off-Site Voting Alternatives
Electoral Law:
(1995 rev: Elections Law of 1983)
Section 42, subsection (1) states: "Subject to this section, where
(b)
a voter is 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
that voter may vote by post if
he applies to
be treated as an absentee voter and furnishes an address
and if his application
is allowed by the registering officer under section 43."
Section 43, subsection (1) states: "An application to be treated
as an absentee voter shall be made to the registering officer and shall be allowed
by him if he is satisfied that the applicant is, or will, if registered, be
entitled under section 42 to vote as an absentee voter."
Section 43, subsection (2) states: "The application shall be for
a particular election only, unless it is based on
(b) the applicant's physical
incapacity."