General Right to Vote
Constitution:
(1986)
See section 10
Exclusion Based on Mental
Disability
Electoral Law:
Section 80, subsection (1) states: "The following persons are disqualified
for registration as electors
(c) a person who is detained in a hospital
under the Mental Health (Compulsory Assessment and Treatment) Act 1992, being
o (i) A person who, having been found by a Court or Judge to be under disability
within the meaning of Part VII of the Criminal Justice Act 1985, or having been
acquitted on account of his or her insanity within the meaning of that Act,
is detained as a special patient pursuant to an order or direction under section
115(1) or section 116 or section 117 of that Act and has been so detained for
a period exceeding three years:
o (ii) A person who, having been found by a Court, on conviction of any offence,
to be mentally disordered, is detained as a patient pursuant to an order under
section 118 of the Criminal Justice Act 1985 and has been so detained for a
period exceeding 3 years:
o (iii) A person who has been subject to, and has for a period exceeding 3 years
been subject to, a compulsory treatment order made on an application under section
45(3) of the Mental Health (Compulsory Assessment and Treatment) Act 1992:
o (iv) A person detained under section 46 of the Mental Health (Compulsory Assessment
and Treatment) Act 1992, being a person to whom paragraph (d) of this subsection
would otherwise apply
" (i.e. a person in prison)
Voter Assistance by Other
Citizens
Electoral Law:
Section 170 states:
o "(1) Any elector who is wholly or partially blind or
is unable to
read or write or has severe difficulty in reading or writing
may vote in
accordance with the provisions of this section."
o "(2) At the request of any such voter, any person nominated by the voter,
or, if no person is so nominated, the Deputy Returning Officer, shall accompany
the voter into one of the inner compartments provided for the marking of ballot
papers, and the ballot paper may there be marked by the voter with the assistance
of the person nominated or, as the case may be, of the Deputy Returning Officer,
or may be marked by the person nominated or, as the case may be, by the Deputy
Returning Officer in accordance with the instructions of the voter."
o "(3) A voter to whom subsection (2) of this section applies, whether
or not he or she nominates a person for the purposes of that subsection, may
nominate a person or another person, as the case may require, to inspect the
ballot paper before it is deposited in the ballot box."
o "(4) Any elector voting as a special voter may vote in the manner prescribed
by this section, with any necessary modifications, or in any manner prescribed
by regulations made under this Act."
o "(5) Any person commits an offence, and shall be liable on summary conviction
to imprisonment for a term not exceeding 3 months, who, being a person who is
present in accordance with this section or with any regulations when an elector
votes, communicates at any time to any person any information obtained as to
the constituency candidate or party for whom the voter is about to vote or has
voted, or as to the number on the ballot paper given to the voter."
Off-Site Voting Alternatives
Poll Worker Manuals:
Returning Officer's Manual (1996)
Out of four types of votes, two of them are Ordinary Hospital votes and
Special Votes. (1996 Sec. 3.2.1)
Special voting must be made available at every hospital, maternity home,
or institution for the reception and relief of people requiring treatment or
care for any illness, disease, disability, or for the convalescent, infirm,
etc.
Special voting must also be made available to voters who by reason of
hardship or serious inconvenience may vote prior to polling day. (1996 Sec.
3.6.3)
Special voter declaration forms must be signed by the special voters
and hospital voters themselves. (1996 Sec. 3.5.6)
Handbook: A guide for polling day staff (1996)
Details of issuance of Special Voter Declaration form and process (1996a
24-32)
Promotes Access
Poll Worker Manuals:
Returning Officer's Manual (1996)
"At least twelve polling places in each electorate must have access
that is suitable for persons who are physically disabled. Returning Officers
should select as many polling places with access for the disabled as possible."
(1996, Sec. 2.2.15)