General Right to Vote
Constitution:
(1981)
See sections 42-44
Exclusion Based on Mental
Disability
Constitution:
(1981)
Section 34, subsection (1) states: "No person shall be qualified
to be elected as a member of the Assembly who
(e) is a person adjudged
to be of unsound mind or detained as a criminal lunatic under any law in force
in Mauritius..."
Section 43 states: "No person shall be entitled to be registered
as an elector who
(b) is a person adjudged to be of unsound mind or detained
as a criminal lunatic under any law in force in Mauritius
"
Exclusion Based on Physical
Disability
Constitution:
(1981)
Section 33 states: "Subject to section 34, a person shall be qualified
to be elected as a member of the Assembly if, and shall not be so qualified
unless, he
(d) is able to speak and, unless incapacitated by blindness
or other physical cause, to read the English language with a degree of proficiency
sufficient to enable him to take an active part in the proceedings of the Assembly."
Voter Assistance by Other
Citizens
Electoral Law:
(1968: Legislative Assembly Elections Regulations)
Section 37, subsection (1) states: "If any elector is incapacitated
by blindness or other physical cause from voting in the manner laid down in
these regulations
the poll clerk shall, at the request of the elector,
and on being so ordered by the presiding officer, and in his presence and that
of another election officer, mark the vote of such elector on a ballot paper
in the manner directed by such elector, and the ballot paper so marked shall
be placed in the ballot box; and the name and number on the register of electors
of every elector whose vote is so marked for him, and the reason why it is so
marked, shall be entered on a list to be called the 'list of votes marked by
the presiding officer.'"
Section 37, subsection (2) states: "All necessary precautions shall
be taken by the presiding officer to ensure that no person, save the person
by whom the ballot paper is marked for the voter and the other election officer
present, shall know for whom such voter has voted."
(1958: Village Council Elections)
Section 30, subsection (1) states: "If any elector makes an application
to the presiding officer to be allowed to vote with the assistance of another
person by whom he is accompanied
the presiding officer shall proceed as
hereinafter provided."
Section 30, subsection (2) continues: "If the presiding officer
is satisfied that the elector is an incapacitated person and is also satisfied
by a declaration made by the companion that the companion is a qualified person
within the meaning of this regulation, has not previously assisted more than
one incapacitated person to vote at the election, is not a relative of a candidate
or his agent and neither a polling agent nor a candidate at such election, the
presiding officer shall grant the application, and thereupon anything which
is by these regulations required to be done or to by the said elector in connection
with the giving of his vote may be done to, or with the assistance of, the companion."
Section 30, subsection (3) lays out who may act to assist an incapacitated
voter; only an immediate family member who is of voting age is eligible.
Section 30, subsection (4) states: "If the incapacitated person
declares to the presiding officer that he is not accompanied by as companion
as provided in paragraphs (1), (2) and (3) of these regulations, the poll clerk
shall, at the request of the presiding officer, and in his presence mark the
vote of such incapacitated person in the manner directed by such incapacitated
person."
Section 30, subsections (5) concerns entry into the "list of electors
assisted" for incapacitated voters.
Section 30, subsections (6) concerns the oath of the companion.
Section 30, subsection (7) defines incapacitated person as "a person
incapacitated by blindness or other physical cause from voting in the manner
laid down in these regulations
"
Indelible Ink Excusal
Electoral Law:
(1968: Legislative Assembly Elections Regulations)
Section 31 contains discussion of inking thumb of voter. It reads "
and
may require such person to furnish an impression of his thumb or, if he is incapacitated
by physical cause from impressing his thumb print, of such other finger as may
be available for the purpose."