Jamaica

Table of Contents:

• Exclusion or Potential Exclusion Based on Disability
• Assistive Tools and Policies
• Candidacy or Holding Office

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Section 5, subsection (2) states:

…every person shall be entitled to vote at an election of a member of the House of Representatives for any constituency if his name appears upon the official list for a polling division comprised in such constituency unless…

• (b) on election day he is an inmate of any mental hospital or undergoing any sentence of imprisonment.

(3) The following persons are incapable of being registered as electors and disqualified from voting at an election and shall not be so registered or vote at an election that is to say:…

• (b) any person who is, under any enactment for the time being in force in Jamaica, certified to be insane or otherwise adjudged to be of unsound mind or detained as a criminal lunatic…

 

Section 34 states:

(3) Subject to subsections (8) and (9), no elector shall  receive a ballot paper or be permitted to vote unless his identity as the person whose name appears on the official list of electors for that polling division has been established, as directed by the presiding officer or any other person authorized by him, in accordance with the provisions of this section. (3A) Before receiving his ballot paper, every elector shall, on the direction of the presiding officer, place his finger in or on the specified equipment…

 

Section 35, subsection (2) states:

The presiding officer shall instruct the elector how and where to affix his mark, and shall properly fold the elector's ballot paper, directing him to return it,' when marked, folded as shown, but without inquiring or seeing for whom the elector intends to vote, except when the elector is unable to vote in the manner prescribed by this Act on account of blindness or other physical incapacity.

 

Section 36, subsection (3) states:

The presiding officer shall act in accordance with subsection (4) upon the request of

• (a) an elector who-
  • (i) is incapacitated from voting -in the 'manner prescribed b; this Act, due to any physical cause other than blindness; and
  • (ii) takes an oath in the form set out in Form 12 of the Second Schedule; or
• (b) a blind elector who takes an oath in the form set out in Form 13 of the Second Schedule.

 

Section 36, subsection (4) states:

The presiding officer shall, at the option of the elector

• (a) assist the elector by marking the elector's ballot paper
  •  (i) in the manner directed by the elector; and
  • (ii) in the presence of the poll 'clerk and the sworn agents of the candidates or of the sworn electors representing the candidates in the polling station, but no other person, and placing the ballot in the ballot box; or
• (b) permit the person described in subsection (5) to accompany the elector into the voting compartment and mark the elector's ballot for him.

 

Section 36, subsection (5) states:

The person referred to in subsection (4) is a friend of the elector, being a person who-

• (a) has not already acted pursuant to subsection (4)(b) in relation to any other elector in that election; and (b) takes an oath in the form set out in Form 14 of the Second Schedule
  • (i) will keep secret the name of the candidate for whom he marks the ballot on behalf of the elector; and
    • (ii) has not already acted pursuant to subsection (4)(b) in relation to any other elector in that election.

 

Section 36, subsection (6) states:

Whenever any elector has had his ballot paper marked as provided in subsection (4), the presiding officer shall enter in the poll book opposite the elector's name, in addition to any other requisite entry, the reason why such ballot paper was so marked.

 

Section 44A, subsection (4A) states:

Where any member who is appointed under sub- section (3) (b) dies or is unable to perform his functions by reason of infirmity of body or mind or for any other cause, the Governor-General, after consultation with the prime Minister and the Leader of the Opposition, shall appoint another person to replace that member.

 

Section 65, subsection (3) states:

If at any time between the issue of a writ for an election and the declaration of the result of that election, the retuning officer dies or becomes incapable of performing his duties as such, the assistant retuning officer shall forthwith report the fact to the Chief Electoral Officer and shall discharge all the duties and enjoy all the powers of the returning officer until some other retuning officer is appointed or the returning officer ceases to be incapable of performing his duties, as the case may be.

 

Section 68, subsection (3) states:

If any presiding officer dies or becomes incapable of performing his duties during the taking of the poll; the poll clerk shall forthwith assume the office of presiding officer and shall appoint some other person to act as poll clerk.

 

First Schedule, section 8, subsection (5) states:

Before affixing his signature as aforesaid and delivering the original to the person enumerated. the enumerator shall require that person. unless he is unable to do so by reason of illiteracy or physical disability, to read the certificate of enumeration and after satisfying himself that the contents thereof are correct sign a declaration thereon in duplicate verifying the particulars given by him to the enumerator and entered on the certificate.

 

Excerpts from the Representation of the People Act (1944, last amended 2011)

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Section 36 subsection (3) states:

The presiding officer shall act in accordance with subsection (4) upon the request of

• (a) an elector who-
  • (i) is incapacitated from voting -in the 'manner prescribed b; this Act, due to any physical cause other than blindness; and
  • (ii) takes an oath in the form set out in Form 12 of the Second Schedule; or
• (b) a blind elector who takes an oath in the form set out in Form 13 of the Second Schedule.

 

Section 36, subsection (4) states:

The presiding officer shall, at the option of the elector

• (a) assist the elector by marking the elector's ballot paper-
  • (i) in the manner directed by the elector; and
  • (ii) in the presence of the poll 'clerk and the sworn agents of the candidates or of the sworn electors representing the candidates in the polling station, but no other person, and placing the ballot in the ballot box; or
• (b) permit the person described in subsection (5) to accompany the elector into the voting compartment and mark the elector's ballot for him.

 

Section 36, subsection (5) states:

The person referred to in subsection (4) is a friend of the elector, being a person who-

• (a) has not already acted pursuant to subsection (4)(b) in relation to any other elector in that election; and
• (b) takes an oath in the form set out in Form 14 of the Second Schedule
  • (i) will keep secret the name of the candidate for whom he marks the ballot on behalf of the elector; and
  • (ii) has not already acted pursuant to subsection (4)(b) in relation to any other elector in that election.

Section 36, subsection (6) states:

Whenever any elector has had his ballot paper marked as provided in subsection (4), the presiding officer shall enter in the poll book opposite the elector's name, in addition to any other requisite entry, the reason why such ballot paper was so marked.

 

Section 100 states:

Every election officer who--…

• (b) permits any person whom he knows or has reasonable cause to believe not to be a blind person or an incapacitated person to vote in the manner provided for blind persons or incapacitated persons, as the case may be; or
• (c) refuses to permit any person whom he knows or has reasonable cause to believe to be a blind person or an incapacitated person to vote in the manner provided for blind persons or incapacitated persons, as the case may be…shall be guilty of an offence against this section and, on conviction thereof before a Circuit Court, shall be liable to a fine not less than twenty thousand dollars nor more than eighty thousand dollars or to imprisonment for such term as the Court may impose, being not less than three years; and the Court may order that the person be disqualified from holding any post of election officer for a period not less than seven years from the date of conviction.

 

First Schedule, section 19D states:

Where a person who is, by reason of physical disability, unable to attend a registration centre to be enumerated, he may request the Chief Electoral Officer to send to the place where he resides an enumerator and scrutineers to have him enumerated and the Chief Electoral Officer shall comply with any such request.

 

First Schedule, section 27 states:

The registration officer shall-…

• (b) require the person being registered. unless he is unable to do so by reason of illiteracy or physical infirmity. to read the registration record card and sign the original and both copies after satisfying himself that the contents thereof are correct…

 

First Schedule, section 28 states:

Where a person who is being registered is unable to read, the registration officer shall read over to him and where practicable in the presence of scrutineers the contents of his registration record card.

 

Excerpts from the Representation of the People Act (1944, last amended 2011)

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Section 44A, subsection (4A) states:

Where any member who is appointed under sub- section (3) (b) dies or is unable to perform his functions by reason of infirmity of body or mind or for any other cause, the Governor-General, after consultation with the prime Minister and the Leader of the Opposition, shall appoint another person to replace that member.

 

Section 65, subsection (3) states:

If at any time between the issue of a writ for an election and the declaration of the result of that election, the retuning officer dies or becomes incapable of performing his duties as such, the assistant retuning officer shall forthwith report the fact to the Chief Electoral Officer and shall discharge all the duties and enjoy all the powers of the returning officer until some other retuning officer is appointed or the returning officer ceases to be incapable of performing his duties, as the case may be.

 

Section 68, subsection (3) states:

If any presiding officer dies or becomes incapable of performing his duties during the taking of the poll; the poll clerk shall forthwith assume the office of presiding officer and shall appoint some other person to act as poll clerk.

 

Excerpts from the Representation of the People Act (1944, last amended 2011)