Bermuda

Parliamentary Election Act (1978, last amended 2014)

Updated: June 2015

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Section 4, subsection (2) states:

[A person] is not entitled to vote at a parliamentary election…if …

  • (f) he is a person suffering from mental disorder within the meaning of the Mental Health Act 1968 [title 11 item 36] or is otherwise adjudged to be of unsound mind under any statutory provision.


Section 28, subsection (1) states:

If  any  Justice  of  the  Peace  to  whom  a  writ  of  election  has  been  addressed intends  to  be  a  candidate  at  the  parliamentary  election  to  which  the  writ  or  any  other concurrent writ relates, or is or becomes prevented by illness or infirmity or by reason of intended absence from Bermuda or other good cause from executing the writ, he shall, unless  the  writ  is  addressed  also  to  some  other  Justice  of  the  Peace  who  is  capable  of executing  the  same,  forthwith  report  the  circumstances  to  the  Registrar  in  writing  and return the writ to the Registrar.

 

Section 52 states:

The Returning Officer, on the application of any parliamentary elector who is blind, unable to read or so physically incapacitated as to be unable to vote in the manner prescribed by section 51 to assist him in voting, shall require the elector making the application to take an oath in the prescribed form of his incapacity to vote without assistance and shall thereafter assist the elector by marking his ballot paper in the manner directed by such elector and if he so requests in the presence of one other presiding officer and a friend, and shall place the ballot paper in the ballot box.

 

Excerpts from Parliamentary Election Act (1978, last amended 2013)

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Section 2, subsection (4) states:

No person shall, for the purposes of this Act, be deemed to be resident in a hospital, a home for the aged, or other institution for the treatment of any chronic illness or disability unless that person has been in continuous residence therein for at least ten days immediately preceding the qualifying date and intends to live there indefinitely.

 

Section 40, subsection (1) states:

Where any parliamentary elector who is duly registered…is or is likely to be on the polling day an inmate of any institution registered under subsection (4) and to be prevented by illness, infirmity or disability from traveling to the election room, it shall be lawful for such parliamentary elector to record his vote at an advanced poll to be held for that purpose at such institution on such date prior to the polling day as shall be appointed by the Registrar.


Section 40, subsection (4) states:

Any hospital, home for the aged or other institution for the treatment of any chronic illness or disability with permanent accommodation for five or more patients may apply to the Registrar for registration for the purposes of subsection (1) and the Registrar may, if he is satisfied that it is reasonable to hold an advanced poll in such place, so register it.


Section 41, subsection (1) states:

…any parliamentary elector who…is unable or likely to be unable by reason either of illness, infirmity or disability to travel to the election room, it shall be lawful for such parliamentary elector to record his vote at an advanced poll to be held for that purpose at such place…

(2) for the purpose of voting at any advanced poll held as above, such parliamentary elector must apply to the Chief Medical Officer for a specially issued card certifying incapacity and the Chief Medical Officer, if satisfied that the applicant is incapacitated, shall thereupon issue him with such a card under his hand for the purpose of enabling him to vote at an advanced poll, stating the name of such parliamentary elector and the fact that he is incapacitated.

(3) Any parliamentary elector desiring to vote at any advanced poll…shall…be allowed to vote in like manner as he would have been entitled so to do on the day appointed for the taking of the poll.

 

Section 52 states:

The Returning Officer, on the application of any parliamentary elector who is blind, unable to read or so physically incapacitated as to be unable to vote in the manner prescribed by section 51 to assist him in voting, shall require the elector making the application to take an oath in the prescribed form of his incapacity to vote without assistance and shall thereafter assist the elector by marking his ballot paper in the manner directed by such elector and if he so requests in the presence of one other presiding officer and a friend, and shall place the ballot paper in the ballot box.

 

Schedule, section 2, subsection (1) states:

The  Registrar  or  the  Returning  Officer  shall  ensure  that  on  polling  day  the election room is sufficiently furnished and equipped to facilitate the proper and orderly taking of the poll and shall in particular ensure that—…

  • (d) one  of  the  compartments  in  the  polling  place  is  of  sufficient  size  to accommodate  at  least  three  persons  at  a  time  for  the  convenience  of handicapped electors…

 

Excerpts from Parliamentary Election Act (1978, last amended 2013)

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Section 28, subsection (1) states:

If  any  Justice  of  the  Peace  to  whom  a  writ  of  election  has  been  addressed intends  to  be  a  candidate  at  the  parliamentary  election  to  which  the  writ  or  any  other concurrent writ relates, or is or becomes prevented by illness or infirmity or by reason of intended absence from Bermuda or other good cause from executing the writ, he shall, unless  the  writ  is  addressed  also  to  some  other  Justice  of  the  Peace  who  is  capable  of executing  the  same,  forthwith  report  the  circumstances  to  the  Registrar  in  writing  and return the writ to the Registrar.

 

Excerpt from Parliamentary Election Act (1978, last amended 2013)