Antigua and Barbuda

Representation of the People Act (1975, last amended 2008)

Updated: June 2015

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Section 5, subsection (3) states:

A person who is a patient in any establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental illness or mental defectiveness, or who is detained in legal custody at any place, shall not by reason thereof be treated for the purposes aforesaid as resident there.

 

Section 14, subsection (1) states:

The duties of the returning officer for elections shall be discharged by the registration officer (or the person authorised to act as registration officer if the registration officer himself is incapable of acting or there is a vacancy) as acting returning officer if for the time being the returning officer is for any reason incapable of discharging his duties as such, or is under any enactment discharged from personally performing the office by virtue of which he is returning officer.

 

Section 18, subsection (3) states:

Any acts authorised or required to be done by or with respect to the registration officer may, in the event of his incapacity to act, or of a vacancy, be done by such person as the Governor-General may by notice appoint to act in the event of such incapacity or a vacancy.

 

Section 23, subsection (1) states:

A person shall be guilty of an offence if-

  • (a) he votes in person either as an elector or as proxy or applies to be treated as an absent voter to vote by proxy at an election, knowing that he is subject to a legal incapacity to vote;
  • (b) he applies for the appointment of a proxy to vote for him at an election, knowing that he or the person to be appointed is subject to a legal incapacity to vote; or
  • (c) he votes, as proxy, for some other person at an election, knowing that that person is subject to a legal incapacity to vote.

 

First Schedule, section 28, subsection (3) states:

If an agent dies, or becomes incapable of acting, the candidate may appoint another agent in his place, and shall forthwith give to the returning officer notice in writing of the name and address of the agent appointed.

 

First Schedule, section 44, subsection (1) states:

The presiding officer, on the application of,

  • (a) a person who is incapacitated by blindness or other physical cause from voting in manner directed by these rules or
  • (b) a voter that declares orally that he is unable to read, shall, in the presence of the polling agents, cause the vote of the voter to be marked on a ballot paper in the manner directed by the voter.

 

Excerpts from the Representation of the People Act (1975, last amended 2008)

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Section 11 states:

(1) All persons voting as electors at an election as elector. shall do so in person at the polling station allotted to them under the Election Rules except in so far as this section makes exceptions for those unable or likely to be unable to do so in person at the polling station for one of the following reasons- …

  • (iii) that a person is unable or likely to be unable by reason of blindness to vote unaided.

(2) Any of the persons mentioned in paragraph (i) of section (1) may vote by proxy if he applies to be treated as an absent voter and furnishes in such manner as may be prescribed by regulations the name and address of some other person within Antigua and Barbuda whom he wishes to act as proxy for him.

 

Section 26, subsection (4) states:

No person having undertaken to assist a blind voter to vote shall communicate any information as to the candidate for whom that voter intends to vote or has voted, or as to the number on the back of the ballot paper given for the use of that voter.

 

First Schedule, section 30, subsection (1) states:

The presiding officer shall regulate the number of voters to be admitted to the polling station at the same time, and shall exclude all other persons except- …

  • (e) the companions of blind voters.

 

First Schedule, section 44, subsection (1) states:

The presiding officer, on the application of,

  • (a) a person who is incapacitated by blindness or other physical cause from voting in manner directed by these rules or
  • (b) a voter that declares orally that he is unable to read, shall, in the presence of the polling agents, cause the vote of the voter to be marked on a ballot paper in the manner directed by the voter.

 

First Schedule, section 45 states:

(1) If a voter makes an application to the presiding officer to be allowed on the ground of blindness 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 whether he is so incapacitated by his blindness as to be unable to vote without assistance.

(2) If the presiding officer is satisfied that the voter is so incapacitated and 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 blind voter", that the companion is a qualified person within the meaning of this rule and has not previously assisted any other blind person to vote at the election, the presiding officer shall grant the application, and thereupon anything which is by these rules required to be done to or by the said voter in connection with the giving of his vote may be done to, or with the assistance of, the companion.

(3) For the purpose of this rule, a person shall be qualified to assist a blind voter to vote, if that person is either-

  • (a) a person who is entitled to vote as an elector in that constituency at the election; or
  • (b) the father, mother, brother, sister, husband, wife, son or daughter of the blind voter and has attained the age of eighteen years.

(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 by the presiding officer on a list in these rules referred to as "the list of blind voters assisted by companions. In the case of a person voting as proxy for an elector, the number to be entered together with the name of the voter shall be the number of the elector…

 

Excerpts from the Representation of the People Act (1975, last amended 2008)

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Section 14, subsection (1) states:

The duties of the returning officer for elections shall be discharged by the registration officer (or the person authorised to act as registration officer if the registration officer himself is incapable of acting or there is a vacancy) as acting returning officer if for the time being the returning officer is for any reason incapable of discharging his duties as such, or is under any enactment discharged from personally performing the office by virtue of which he is returning officer.

 

Section 18, subsection (3) states:

Any acts authorised or required to be done by or with respect to the registration officer may, in the event of his incapacity to act, or of a vacancy, be done by such person as the Governor-General may by notice appoint to act in the event of such incapacity or a vacancy.

 

First Schedule, section 28, subsection (3) states:

If an agent dies, or becomes incapable of acting, the candidate may appoint another agent in his place, and shall forthwith give to the returning officer notice in writing of the name and address of the agent appointed.

 

First Schedule, section 44, subsection (1) states:

The presiding officer, on the application of,

  • (a) a person who is incapacitated by blindness or other physical cause from voting in manner directed by these rules or
  • (b) a voter that declares orally that he is unable to read, shall, in the presence of the polling agents, cause the vote of the voter to be marked on a ballot paper in the manner directed by the voter.

 

Excerpts from the Representation of the People Act (1975, last amended 2008)