General Right to Vote
Constitution:
(1937, updated 1995)
• Article 16, section (1.2) states: "(i) All citizens, and (ii) such other persons in the State as may be determined by law, without distinction of sex who have reached the age of eighteen years who are not disqualified by law and comply with the provisions of the law relating to the election of members of the House of Representatives, shall have the right to vote at an election for members of the House of Representatives."

Exclusion Based on Mental Disability
Constitution:
(1937, updated 1995)
• Article 16, section (1.1) states: "Every citizen without distinction of sex who has reached the age of twenty-one years, and who is not placed under disability or incapacity by this Constitution or by law, shall be eligible for membership of the House of Representatives."
Electoral Law:
(1992: Electoral Act)
• Section 41 states: "A person who…(i) is a person of unsound mind…shall not be eligible for election as a member…of the Dail."

Voter Assistance by Other Citizens
Electoral Law:
(1996: Electoral Amendment Act)
• Subsection (3) states: "…the elector may request that his ballot paper shall be marked for him by a companion and, subject to subsection (4), the companion may go with the elector into one of the compartments in the polling station and there shall mark the ballot paper for the elector and shall fold it…and forthwith place the paper in the ballot box."
• Subsection (4) details the questions the presiding officer must put to the companion, before allowing the companion to assist the incapacitated voter.
• Subsection (5) states: "Where this section applies and (a) the Dail elector is unable to read or write, or (b) the Dail elector does not request that his ballot paper shall be marked for him by a companion, or (c) the Dail elector having so requested, the marking of his ballot paper by the companion would be in contravention of subsection (4), the presiding officer shall, in the presence of the elector and the personation agents and no other person, mark a ballot paper as instructed by such elector and shall then fold it and place it in the ballot box."
• Subsection (6) states: "A request made by a Dail elector within two hours before the hour fixed…for the close of the poll to have his ballot paper marked for him under this section otherwise than by a companion may be refused by the presiding officer if, in his opinion, having regard to the number of Dail electors then coming in to vote or likely to come in to vote before the close of the poll, his acceding to such request would interfere with the proper discharge of his duties or would unduly obstruct the voting of other Dail electors."
• Subsections (8) and (9) discuss who may serve as a companion to the incapacitated voter
Poll Worker Manuals:
Manual for Presiding Officers at a Presidential Election (1990)
• If a voter is unable to vote without assistance, he/she may receive assistance in marking his ballot from a companion or from Presiding Officer p12
• If presiding officer assists elector, he must mark the ballot in the presence of the elector and of the other agents p 11
• Elector must take oath that he is indeed incapable of voting unassisted. P 11
• Illiterate voters may not have ballot marked by a companion. If an elector is illiterate, the Presiding Officer may mark his ballot in same manner as provided for incapacitated or blind voters p 14

Off-Site Voting Alternatives
Electoral Law:
(1996: Electoral Amendment Act)
• Section 14, paragraph (d) extends Postal Voting to persons with disabilities. It states: "a person who is ordinarily resident at his residence, applies to be so entered and satisfies the registration authority that (i) such person is unable to go in person to vote at the polling place for his polling district by reason of his physical illness or physical disability, and (ii) the physical illness or physical disability is likely to continue for the period of continuance in force of the register of electors in respect of which the application to be entered as a postal voter is made…"
(1992: Electoral Act)
• Section 17, subsection (2) states: "The registration authority shall enter in the special voters list the name of every elector who applies to be so entered and who satisfies the registration authority that: (a) he is unable to go in person to vote at the polling place for his polling district by reason of his physical illness or physical disability; and (b) the physical illness or physical disability is likely to continue for the period of continuance in force of the register of electors in respect of which the application to be entered as a special voter is made."
• Section 100 contains "authorization of physically ill or physically disabled elector to vote at another polling station" if the station the elector is supposed to vote at is not accessible, or if another station is more easily accessible.
Poll Worker Manuals:
Manual for Presiding Officers at a Presidential Election (1990)
• Under no circumstances may a ballot be taken out of polling place and brought to an incapacitated voter who cannot enter the polling place p 11

Promotes Access
Electoral Law:
(1996: Electoral Amendment Act)
• Section 28, subsection (1A) states: "Each local authority shall, in making a scheme under this section, endeavor to appoint as polling places only such areas as shall allow the returning officer to provide at each polling place at least one polling station which is accessible to wheelchair users."
• Section 28, subsection (5A) states: "Where it is not practicable to provide a polling station which is accessible to wheelchair users at a polling place appointed for a polling district by a scheme for the time being in force in respect of a county or county borough, the local authority may appoint an alternative polling place at which it is practicable to provide a polling station which is accessible to wheelchair users for that polling district."
• Section 94, subsection (1A) states: "The returning officer shall, where practicable, provide polling stations which are accessible to wheelchair users."
• Section 94, subsection (3A) states: "The returning officer shall, where practicable, give public notice of all polling stations which are inaccessible to wheelchair users not later than the eighth day before polling day."
• Section 94, subsection (5) states: "…(i) such other arrangements as may serve to facilitate the marking and placing in the ballot box of ballot papers by voters who may be wheelchair users, (j) such arrangements as the Minister may provide for by regulations as may serve to facilitate voters with visual impairments to mark their ballot papers without assistance."
• Section 103 contains a detailed description of provisions for voting by "incapacitated electors."
o Subsection (2) requires that the incapacitated elector take the following oath: " 'I swear by Almighty God (or - do solemnly, sincerely and truly declare and affirm - as the case may be) that my sight is so impaired (or - that I am so physically incapacitated or - that I am unable to read or write to such an extent - as the case may be) that I am unable to vote without assistance' and if the Dail elector refuses to take the oath…this section shall not apply."