General Right to Vote
Electoral Law:
(2000: Representation of People Act)
Section 1, subsection (1) states: "A person is entitled to vote
as an elector at a parliamentary election in any constituency if on the date
of the poll he (a) is registered in the register of parliamentary electors for
that constituency; (b) is not subject to any legal incapacity to vote (age apart);
(c) is either a Commonwealth citizen or a citizen of the Republic of Ireland;
and (d) is of voting age (that is, 18 years or over)."
Exclusion Based on Mental
Disability
Electoral Law:
(1983: Representation of People Act)
Disqualification on the grounds of mental incapacity
(2000: Representation of People Act)
Section 2 discusses the "disenfranchisement of offenders detained
in mental hospitals."
Poll Worker Manuals:
Knight's Handbook for Presiding Officers and Polling and Counting Clerks: Produced
by Charles Knight Publishing (1989)
"It is possible that a person applying for a ballot paper will appear
to the presiding officer [. . .] to be suffering from some mental disability.
The presiding officer should not prevent such a person voting unless he is in
such a state that he does not understand the purpose for which he has come to
the polling station." P 23
Voter Assistance By Other
Citizens
Electoral Law:
(2000: Representation of People Act)
Section 13 revises Rule 39 of Representation of the People Act of 1983.
This rule now reads:
o "(1) If a voter makes an application to the presiding officer to be allowed,
on the grounds of (a) blindness or other physical incapacity
to vote with
the assistance of another person by whom he is accompanied (in these rules referred
to as 'the companion'), the presiding officer shall require the voter to declare,
orally or in writing, whether he is so incapacitated by his blindness or other
incapacity
as to be unable to vote without assistance."
o "(2) If the presiding officer (a) is satisfied that the voter is so incapacitated,
and (b) is also satisfied by a written declaration made by the companion (in
these rules referred to as 'the declaration made by the companion of a voter
with disabilities') that the companion (i) is a qualified person within the
meaning of this rule, and (ii) has not previously assisted more than one voter
with disabilities to vote at the election, the presiding officer shall grant
the application, and then anything which is by these rules required to be done
to or by that voter in connection with the giving of his vote may be done to,
or with the assistance of, the companion."
o "(3) For the purposes of these rules, a person is a voter with disabilities
if he has made such a declaration as is mentioned in paragraph (1) above, and
a person shall be qualified to assist a voter with disabilities to vote if that
person (a) is a person who is entitled to vote as an elector at the election;
or (b) is the father, mother, brother, sister, husband, wife, son or daughter
of the voter and has attained the age of 18 years."
o "(4) The name and number in the register of electors of every voter whose
vote is given in accordance with this rule and the name and address of the companion
shall be entered on a list (in these rules referred to as 'the list of voters
with disabilities assisted by companions'). In the case of a person voting as
proxy for an elector, the number to be entered together with the voter's name
shall be the elector's number."
o "(5) The declaration made by the companion (a) shall be in the form in
the Appendix; and (b) shall be made before the presiding officer at the time
when the voter applies to vote with the assistance of a companion and shall
forthwith be given to the presiding officer who shall attest and retain it."
o "(6) No fee or other payment shall be charged in respect of the declaration."
Further, the phrases "blind person" and "blind voter"
are substituted "voter with disabilities. A note is added: "A voter
with disabilities is a voter who has made a declaration under the parliamentary
elections rules that he is so incapacitated by his blindness or other incapacity
as to be unable to vote without assistance."
Poll Worker Manuals:
Knight's Handbook for Presiding Officers and Polling and Counting Clerks: Produced
by Charles Knight Publishing (1989)
If a voter declares orally or on his voter application that he is incapacitated
by blindness, other physical cause or that he is unable to read, "the presiding
officer must, in the presence of the polling agents," mark the ballot paper
for the voter as the voter directs. p 23
A blind voter may vote with the assistance of someone of his choice who
accompanies him to the polling station.
The assistant must declare on written form that he has not assisted anyone
else and under what qualification he/she fall in order to be an assistant
The voter must declare orally that he is blind and unable to vote without
assistance p 24
Off-Site Voting Alternatives
Electoral Law:
(1983: Representation of People Act)
Section 19, subsection (1) states: "A person voting as an elector
at a parliamentary election shall do so in person at the polling station allotted
to him under the parliamentary elections rules except in so far as this section
makes exceptions for
(c) those unable or likely to be unable, by reason
either of blindness or any other physical incapacity
to go in person to
the polling station or, if able to go, to vote unaided
"
Section 20 states: "(1) An application to be treated as an absent
voter at parliamentary elections shall be made to the registration officer and
shall be allowed by him if he is satisfied that the applicant is, or will if
registered be, entitled under section 19 above to vote as an absent voter. (2)
The application shall be for a particular election only, unless it is based
on
(b) the applicant's physical incapacity
"
Promotes
Access
Electoral Law
(1983: Representation of People Act)
Rule 29 (3A) states: "The returning officer shall also provide each
polling station with (a) at least one large version of the ballot paper which
shall be displayed inside the polling station for the assistance of voters who
are partially-sighted; and (b) a device of such description as may be prescribed
for enabling voters who are blind or partially-sighted to vote without any need
for assistance from the presiding officer or any companion."
(2001:
Representation of People Regulations)
Section 12 states:
o "(1) The device referred to in rule 29(3A)(b) of the rules in Schedule
1 to the 1993 shall be of the description set out in this regulation."
o "(2) The device must be capable of being attached firmly to a ballot
paper and of being removed from it after use without damage to the paper."
o "(3) On the right-hand side of the device there shall be tabs of equal
size which satisfy the condition in paragraphs (4) to (7) below.
o "(4) The tabs shall be capable of being positioned on the ballot paper
so that each one is above one of the spaces to the right of the particulars
of the candidates on which the vote is to be marked ('the relevant space').
o "(5) Each tab shall be numbered so that, when the devide is positioned
over a ballot paper, the number of each tab corresponds to that of the candidate
whose particulars are to the left of the relevant space covered by the tab in
question.
o "(6) Each number on a tab shall be in a raised form so that it can be
clearly identified by touch.
o "(7) Each tab shall be capable of being lifted so as to reveal the relevant
space and so that there is suffficient room to allow a voter to mark a cross
on that space."