General Right to Vote
Constitution:
(1996: Second Draft)
Section 26 states "Every citizen of The Gambia of full age and capacity
shall have the right, without unreasonable restrictions
(b) to vote and
stand for elections at genuine periodic elections for public office, which elections
shall be by universal and equal suffrage and be held by secret ballot."
Specific Inclusion of
People with Disabilities
Constitution:
(1996: Second Draft)
Section 31 states: "(1) The right of the disabled and handicapped
to respect and human dignity shall be recognized by the State and society. (2)
Disabled persons shall be entitled to protection against exploitation and to
protection against discrimination, in particular as regards access to health
services, education and employment. (3) In any judicial proceedings in which
a disabled person is a party, the procedure shall take his or her condition
into account."
Exclusion Based on Mental
Disability
Constitution:
(1996: Second Draft)
Section 39 subsection (1) states: "Every citizen of The Gambia being
of eighteen years or older and of sound mind shall have the right to vote for
the purpose of elections of a President and members of the National Assembly,
and shall be entitled to be registered as a voter in a National Assembly constituency
for that purpose."
Section 39 subsection (3) continues: "Every citizen of The Gambia
being of eighteen years or older and of sound mind shall be entitled, in accordance
with the provisions of this Chapter and any Act of the National Assembly providing
for local government authorities and traditional rulers in the area in which
he or she is ordinarily resident."
Electoral Law:
(1996: Elections Decree 1996, No. 78)
Section 13 states "No person shall be entitled to have his name
entered or retained on a register of voters if he is
(c) a person adjudged
to be of unsound mind or detained as a criminal lunatic under any law."
Voter Assistance by Other
Citizens
Electoral Law:
(1996: Elections Decree 1996, No. 78)
Section 17 subsection (3) states, "Where a claimant is incapacitated
from affixing his signature or thumbprint on a form of claim, the election officer
conducting the registration shall note such circumstances in the register of
voters."
Section 66 subsection (10) states "Where a voter is incapacitated
by blindness or other physical cause from recording his vote without assistance,
the Presiding Officer or other election officer may accompany such voter into
the screened compartment to assist him to record his vote."