General Right to Vote
Constitution:
Section 50, subsection (1) states: "Subject to the express limitations
imposed by this Constitution, every citizen who is of full capacity and has
reached the voting age
has the right, and shall be given a reasonable opportunity
(d)
to vote for, and to be elected to, elective public office at genuine, periodic,
free elections; and (e) to hold public office and to exercise public functions."
Exclusion Based on Mental
Disability
Constitution:
Section 103, subsection (3) states: "A person is not qualified to
be, or to remain, a member of Parliament if
(b) he is of unsound mind within
the meaning of any law relating to the protection of the persons and property
of persons of unsound mind
"
Voter Assistance by Other
Citizens
Electoral Law:
(26 March 1997)
Section 140, subsection (1) states: "If a voter satisfies the presiding
officer that (a) his sight is impaired; or (b) that he is so physically incapacitated
that he is unable to vote without assistance
the presiding officer shall
permit such number of persons appointed by the voter to enter an unoccupied
compartment of the booth with the voter, and mark, fold and deposit the voter's
ballot paper for him."
o Section 143, subsection (1) states: "If a voter who claims to vote under
Section 141 [Voter Claiming to Vote Whose Name On Roll Has Been Marked] or 142
[Person Claiming to Vote Whose Name is Noted as Person to Whom Postal Vote Certificate,
etc., Issued] satisfies the presiding officer that his sight is so handwriting;
and
o (d) cause the signature of the voter, if made by means of a mark, to be witnessed
by a scrutineer present, or if no scrutineer be present, by the poll clerk;
and
o (e) complete and attest the declaration; and
o (f) permit such number of persons appointed by the voter to enter an unoccupied
compartment of the booth with the voter and to mark and fold the ballot paper
for the voter; and
o (g) enclose the ballot paper in the envelope bearing the declaration of the
voter, securely fasten the envelope and deposit it in the ballot box.
Section 143, subsection (2) states: "If a voter to whom Subsection
(1) applies fails to appoint a person under that subsection, the presiding officer
shall take action in accordance with Subsection (1)(a) to (e) (inclusive) and
shall, in the presence of a person appointed by the voter for the purpose if
the voter so desires, or, in the absence of any such appointment, the poll clerk
o (a) mark and fold the ballot paper for the voter; and
o (b) enclose the ballot paper in the envelope bearing the declaration of the
voter, securely fasten the envelope and deposit it in the ballot box.
Poll Worker Manual:
Polling Place Management Procedures (1997)
"If a voter satisfies a Presiding Officer that he is blind or partly
blind; or he is physically incapable of marking a ballot paper without assistance,
the voter shall be permitted to appoint another person" to assist him Sec.
2.5
Discrepancies exist in various manuals as to who exactly may assist incapacitated
voters.
Off-Site Voting Alternatives
Electoral Law:
(26 March 1997)
Section 98, subsection (1) states: "An elector who
(c) is seriously
ill or infirm, and by reason of that illness or infirmity will be precluded
from attending at a polling booth to vote
may make application for a postal
vote certificate and postal ballot-paper."