General Right to Vote
Constitution:
(1962)
• Section 37, subsection (1) states, "Subject to the provisions of
subsection (2) of this section a person shall be qualified to be registered
as an elector for elections to the House of Representatives if, and shall not
be so qualified unless, he is (a) a citizen of Jamaica resident in Jamaica at
the date of registration, or (b) Commonwealth citizen (other than a citizen
of Jamaica) who is resident in Jamaica at the date of registration and who has
been so resident for at least twelve months immediately preceding that date,
and has attained the prescribed age."
Exclusion Based on Mental
Disability
Constitution:
(1962)
• Section 37 subsection (2) states: "No person shall be qualified
to be registered as an elector for elections to the House of Representatives
who…(c) is, under any law for the time being in force in Jamaica, certified
to be insane or otherwise adjudged to be of unsound mind or detained as a criminal
lunatic…"
• Section 40 subsection (2) states: "No person shall be qualified
to be appointed as a Senator or elected as a member of the House of Representatives
who…(f) is, under any law for the time being in force in Jamaica, certified
to be insane or otherwise adjudged to be of unsound mind or detained as a criminal
lunatic…"
Electoral Law:
(1986: Representation of People Act)
• Section 5 subsection (2) states: "…every person shall be entitled
to vote at an election of a member of the House of Representatives for any constituency
if his name appears upon the official list for a polling division comprised
in such constituency unless…(b) on election day he is an inmate of any
mental hospital or undergoing any sentence of imprisonment."
• Section 5 subsection (3) states: "The following persons are incapable
of being registered as electors and disqualified from voting at an election
and shall not be so registered or vote at an election that is to say…(b)
any person who is, under any enactment for the time being in force in Jamaica,
certified to be insane or otherwise adjudged to be of unsound mind or detained
as a criminal lunatic…"
Voter Assistance by Other
Citizens
Electoral Law:
(1986: Representation of People Act)
• Section 36 subsection (3) states: "The presiding officer, on the
application of any elector who is incapacitated, from any physical cause other
than blindness, from voting in the manner prescribed by this Act, shall require
the elector making such application to make oath…of his incapacity to vote
without assistance, and shall thereafter assist such elector by marking his
ballot paper in the manner directed by such voter in the presence of the poll
clerk and of the sworn agents of the candidates and of no other person, and
shall place such ballot in the box."
• Section 36, subsection (4) states: "The presiding officer shall
either deal with a blind elector in the same manner as with an otherwise incapacitated
voter, or, at the request of any blind voter…and who has taken the oath
…and is accompanied by a friend who is a voter in the local electoral district,
shall permit such friend to accompany the blind elector into the voting compartment
and mark the elector's ballot for him. No person shall at any election be allowed
to act as the friend of more than one blind elector."
• Section 36, subsection (5) states that any friend who marks the ballot
paper for a blind voter is first required to fill out a form.
• Section 36, subsection (6) states "whenever any voter has had his
ballot paper marked as provided in subsection (3), (4) or (5), the poll clerk
shall enter into the poll book opposite the elector's name…the reason why
such ballot paper was so marked.
Poll Worker Manuals:
Instructions to Returning Officers, Assistant Returning Officers, Presiding
Officers, and Poll Clerks (1997)
• "Any elector who is unable to mark his ballot by reason of any physical
disability other than blindness can vote only by having his ballot marked for
him by the Presiding Officer in the presence of the Poll Clerk and the agents
of the candidate at the polling station." P 14
• must take oral oath first p 14
• Blind Elector Voting Provision states that a blind elector may vote with
assistance of Presiding Officer or "in a voting compartment through the
medium of a friend of the elector." Blind elector must take oral oath,
and a friend must take oral oath p 14