General Right to Vote
Constitution:
(1988)
Section 27 subsection (1) states, "Subject to subsection (2) of
this section, a person shall be qualified to be registered as an elector for
the purpose of the election of members of the Legislative Council if, and shall
not be so qualified unless, on the qualifying date (a) he has attained the age
of eighteen years; and (b) he is resident in the Islands and has been so resident
for not less than twelve months, in the aggregate, out of the two years immediately
preceding the qualifying date
"
Exclusion Based on Mental
Disability
Constitution:
(1988)
Section 25, subsection (1) states, "No person shall be qualified
to be an elected member or an appointed member of the Legislative Council who
(d)
is a person certified to be insane or otherwise adjudged to be of unsound mind
under any law in force in the Islands."
Section 27, subsection (2) states, "No person shall be qualified
to be registered as an elector under this section who on the qualifying date
(a) is a person certified to be insane or otherwise adjudged to be of unsound
mind under any law in force in the Islands."
Voter Assistance by Other
Citizens
Electoral Law:
(1994)
Section 37, subsection (3) states: "The presiding officer, on the
application of any voter who is incapacitated from any physical cause, other
than blindness or by reason of illiteracy, from voting in the manner prescribed
by this Ordinance shall require the voter making such application to make oath
in the form set out as Form No. 20 in Schedule I, of his incapacity to vote
without assistance, and shall thereafter assist such voter 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 paper in the ballot box: Provided that, where there is more
than one candidate of the same political party contesting for the seat in the
electoral district concerned, the presiding officer shall be entitled, in his
absolute discretion, to limit the number of agents witnessing the marking of
the ballot paper to one agent for the said political party."
Section 37, subsection (4) continues: "The presiding officer shall
either deal with a blind voter and a voter who is unable to mark his ballot
paper by reason of illiteracy in the same manner as the otherwise incapacitated
voter, or, at the request of any blind voter
and who has taken the oath
in the form set out as form No. 21 in Schedule I and is accompanied by a friend
who is a voter in the electoral district, shall permit such friend to accompany
the blind or illiterate voter, as the case may be, into the voting compartment
and mark the voter's ballot paper for him. No person shall at any election be
allowed to act as such friend to more than one voter."
Section 37, subsection (5) states that any friend who marks the ballot
paper for a blind voter is first required to fill out Form No. 21.
Section 37, subsection (6) states "whenever any voter has had his
ballot paper marked as provided in subsection (3) or (4) the poll clerk shall
enter into the poll book opposite the voter's name
the reason why such
ballot paper was so marked."