Electoral Act, 1960

Voting by blind and incapacitated persons.

10.—(1) Part I of the Fifth Schedule to the Principal Act is hereby amended by the substitution of the following rule for Rule 24:

“24. (1) (a) If any elector 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 and he requests that his ballot paper shall be marked for him by a companion, then, subject to sub paragraph (b) of this paragraph, the companion may mark the ballot paper for the elector and shall place it so marked in the ballot box.

(b) For the purposes of subparagraph (a) of this paragraph—

(i) the presiding officer may, and, if requested by an agent of a candidate, shall, administer to the elector before delivery of the ballot paper 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:

‘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—as the case may be) that I am unable to vote without assistance’

and if the elector refuses to take the oath or make the affirmation, the ballot paper shall not be marked for him under this rule;

(ii) 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:

(I) Have you attained the age of sixteen years?

(II) Have you marked as a companion more than one ballot paper at this election (or bye-election, as the case may be)?

(III) Are you a candidate at this election (or bye-election, as the case may be)?

(IV) Are you an agent of a candidate at this election (or bye-election, as the case may be)?

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;

(iii) the presiding officer may, and, if requested by the agent of a candidate, shall, administer to the companion before delivery of the ballot paper 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:

‘I swear by Almighty God (or—do solemnly, sincerely and truly declare and affirm—as the case may be) that I have attained the age of sixteen years and that I have not marked as a companion more than one ballot paper at this election (or this bye-election, as the case may be) and that I am not a candidate or an agent of a candidate thereat’

and if the companion refuses to take the oath or make the affirmation, he shall not mark the ballot paper.

(c) If any elector 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 and either—

(i) he does not request that his ballot paper shall be marked for him by a companion, or

(ii) having so requested, the marking of his ballot paper by the companion would be in contravention of clause (ii) or (iii) of sub paragraph (b) of paragraph (I) of this rule,

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 place the ballot paper so marked in the ballot box.

(d) For the purposes of subparagraph (c) of this paragraph, the presiding officer may, and, if requested by an agent of a candidate, shall, administer to the elector before delivery of the ballot paper 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 form set out in clause (i) of paragraph (b) of this paragraph, and if the elector refuses to take the oath or make the affirmation, the ballot paper shall not be marked for him under this rule.

(e) If any elector satisfies the presiding officer that he is so illiterate that he is unable to vote without assistance, 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 place the ballot paper so marked in the ballot box.

(2) A request made by any elector within four hours before the hour fixed for closing 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.

(3) Where under this rule the presiding officer marks a ballot paper, he shall observe the directions contained in Part II of this Schedule.”

(2) (a) Where, pursuant to paragraph (1) of Rule 24 of Part I of the Fifth Schedule to the Principal Act (as amended by subsection (1) of this section), 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.

(b) A person shall not, pursuant to paragraph (1) of Rule 24 of Part I of the Fifth Schedule to the Principal Act (as amended by subsection (1) of this section), mark as a companion a ballot paper at an election if he is a candidate or agent of a candidate at that election.

(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.

(3) Rule 19 of Part I of the Fifth Schedule to the Principal Act is hereby amended by the insertion after “the agents of the candidates”, of “companions of electors whose sight is so impaired or who are otherwise so physically incapacitated that they are unable to vote without assistance while such companions are assisting such electors.”