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Voting by blind, incapacitated, and illiterate persons.
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27.—(1) The following Rule is hereby substituted for Rule 24 of Part I of the Fifth Schedule to the Principal Act:
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“24. (1) (a) If any elector satisfies the presiding officer that his sight is so impaired or that he is otherwise so physically incapacitated or that he is so illiterate that he is unable to vote without assistance, this Rule shall apply.
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(b) For the purposes of subparagraph (a) of this paragraph, the presiding officer may, and, if requested by an agent of a candidate, shall, administer to the elector an oath (or, in the case of a person who objects to taking an oath on the ground that he has no religious belief or that the taking of an oath is contrary to his religious belief, an affirmation) in the following form:
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‘I swear by Almighty God (or—do solemnly, sincerely and truly declare and affirm—as the case may be) that my sight is so impaired (or—that I am so physically incapacitated or—that I am so illiterate— as the case may be) that I am unable to vote without assistance’
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and if the elector refuses to take the oath or make the affirmation, this Rule shall not apply.
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(2) (a) Where this Rule applies in the case of an elector who satisfies the presiding officer that his sight is so impaired or that he is otherwise so physically incapacitated that he is unable to vote without assistance, the elector may request that his ballot paper shall be marked for him by a companion and, subject to subparagraph (b) of this paragraph, the companion may mark the ballot paper for the elector and shall forthwith place it so marked in the ballot box.
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(b) The presiding officer may, and, if requested by an agent of a candidate, shall, put to the companion before delivery of the ballot paper, the following questions or any one or more of them:
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(i) Have you attained the age of sixteen years?
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(ii) Have you marked as a companion more than one ballot paper at this election?
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(iii) Are you a candidate at this election?
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(iv) Are you an agent of a candidate at this election?
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and unless the first question is answered in the affirmative and the other question or questions, as the case may be, is or are answered in the negative the companion shall not mark the ballot paper.
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(3) Where this Rule applies and—
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(a) the elector is illiterate, or
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(b) the elector does not request that his ballot paper shall be marked for him by a companion, or
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(c) the elector having so requested, the marking of his ballot paper by the companion would be in contravention of subparagraph (b) of paragraph (2) of this Rule,
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the presiding officer shall, in the presence of the agents of the candidates and no other person, cause the vote of the elector to be marked on a ballot paper in the manner directed by the elector and shall forthwith place the ballot paper so marked in the ballot box.
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(4) A request made by an elector within four hours before the hour fixed for the closing of the poll to have his ballot paper marked for him under this Rule otherwise than by a companion may be refused by the presiding officer if, in his opinion, having regard to the number of electors then coming in to vote or likely to come in to vote before the close of the poll, his acceding to such request would interfere with the proper discharge of his duties or would unduly obstruct the voting of other electors.
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(5) Where a ballot paper is to be marked pursuant to paragraph (3) of this Rule the presiding officer may assist the elector by reading out in full from the ballot paper, as respects each candidate, the particulars stated in respect of him, but he shall not act on any written instruction.”
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(2) (a) Where, pursuant to paragraph (2) of Rule 24 of Part I of the Fifth Schedule to the Principal Act, a person has marked as a companion two ballot papers at an election, he shall not, at that election, mark as a companion any other ballot paper.
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(b) A person shall not, pursuant to paragraph (2) of Rule 24 of Part I of the Fifth Schedule to the Principal Act, mark as a companion a ballot paper at an election if he is a candidate or agent of a candidate at that election.
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(c) A person who contravenes paragraph (a) or paragraph (b) of this subsection shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.
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