General Right to Vote
Constitution:
(1995)
Section 59 states: "(1) Every citizen of Uganda of eighteen years
of age or above, has a right to vote
(4) Parliament shall make laws to
provide for the facilitation of citizens with disabilities to register and vote."
Specific Inclusion of
People with Disabilities
Constitution:
(1995)
Section 35 states: "(1) Persons with disabilities have a right to
respect and human dignity and the State and society shall take appropriate measures
to ensure that they realize their full mental and physical potential. (2) Parliament
shall enact laws appropriate for the protection of persons with disabilities."
Section 78 states: "Parliament shall consist of
(c) such numbers
of representatives of the army, youth, workers, persons with disabilities and
other groups as Parliament may determine
Exclusion Based on Mental
Disability
Constitution:
(1995)
Section 80, subsection (2) states: "A person not qualified for election
as a member of Parliament if that person (a) is of unsound mind
"
Electoral Law:
(1995)
Section 38, subsection (2) states: "A person is not qualified for
election as a member of Parliament if that person (a) is of unsound mind
"
Section 54, subsection (1) states: "The following persons may be
registered as voters and their names may remain in the voters register and voters
roll in their respective polling divisions, but shall not be qualified to and
shall not vote at an election
(b) every person whose liberty of movement
is lawfully restrained or who is lawfully deprived of management of his or her
property by reason of being of unsound mind."
Voter Assistance by Other
Citizens
Electoral Law:
(1995)
Section 66, subsection (1) states: "Where a voter is by reason of
blindness, illiteracy, old age or any other disability unable to fix the authorized
mark of choice on the ballot paper, that voter may report at the polling station
accompanied by a person of his or her choice to assist the voter to fix the
authorized mark of choice on the ballot paper on the voter's behalf or the voter
may request another person present at the polling (sic) station to assist such
voter in that behalf."
Section 66, subsection (2) continues: "It shall be lawful for any
member of a voter's family to assist a voter under subsection (1) notwithstanding
the fact that the former is below the age of eighteen years."
Section 66, subsection (3) continues: "An election officer, a candidate's
agent, an observer or monitor, at any polling station, is not permitted to assist
any voter with a disability under subsection (1)."
Section 66, subsection (4) continues: "No person is authorized to
assist any voter to mark the ballot paper under subsection (1) unless the voter
has voluntarily requested such assistance."
Poll Worker Manuals:
Guidelines on Referendum 2000 on Political Systems: Produced by The Electoral
Commission
Where a voter is, by reason of blindness, illiteracy, old age, or any
other disability unable to vote independently, that voter may report at the
polling station accompanied by a person of his or her choice to assist the voter."
10
The voter may also request the assistance of another person present at
the polling station to assist him/her. 10
An election officer, an agent, or observe, at any polling station, is
not permitted to assist any voter with a disability
Promotes Access
Poll Worker Manuals:
Local Government Elections: Election Officials'Manual (Unknown)
"Some people may be allowed to vote without waiting in the line
of voters. Such people may include pregnant women, the old, sick voters or those
with disabilities and persons required for essential duties" p 29.
Indelible Ink Excusal
Electoral Law:
(1995)
Section 59, subsection (6) states: "Where for the purposes of paragraph
(d) of subsection (5) [which discusses thumb inking procedure] (a) the voter
has no thumb on the right hand, the process specified in that paragraph shall
be applied to the finger nearest to the position of the thumb on the voters'
right hand; or (b) the voter has no right hand the process shall be applied
to the left hand; or (c) a voter has no fingers on the left or right hand, the
voter may dip the tip of any hand into indelible ink; or (d) the voter has no
hands, the process shall be applied to any other conspicuous part of the voter's
body as a polling assistant may determine."