Cayman Islands

Table of Contents:

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

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Section 19, subsection 3 states:

The Chief Medical Officer shall transmit to the Supervisor the name, street address, date of birth and occupation of any person who has been certified to be insane or otherwise adjudged to be of unsound mind under the Mental Health Law (1997 revision) or any other law in force in the Islands. Such transmission shall be made not later than ten days after the person concerned has been so certified or adjudged.

 

Section 36, subsection 2 states:

Where a presiding officer cannot perform his duties on polling day due to illness or other inability, the Supervisor shall appoint an alternative presiding officer to undertake those duties.

 

Section 37, subsection 3 states:

Where a field officer, logistics officer or poll clerk cannot perform his duties on polling day due to illness or other inability, the Supervisor shall appoint an alternative field officer, logistics officer or poll clerk, as the case may be, to undertake those duties.

 

Section 47, subsection 2 states:

The presiding officer shall instruct the elector how to make his mark, and shall properly fold the elector’s ballot paper, directing him to return it, when marked, folded as shown, without inquiring or seeing for whom the elector intends to vote, except when the elector is unable from physical or other disability from voting without assistance to vote in the manner prescribed by this Law.

 

Section 109, subsection 1 states:

The Governor in Cabinet, acting on the recommendation of the Supervisor, may make rules-…

• (d) generally with respect to any matters incidental to this Law so far as those provisions relate to the registration of electors, the taking of a vote at a mobile station or to voting by post and, without prejudice to the generality of the foregoing, such rules may include provisions relating to-
  • (i) the evidence which shall or may be required or be deemed sufficient or conclusive evidence in connection with a person’s application to be treated as an absent elector, or of his being subject to any physical incapacity, or of the fact that he is acting as returning officer at any election;
  • (ii) the marking of any register so as to distinguish persons having special rights as to the place or manner of voting at any election; and
  • (iii) the procedure in connection with the issue and receipt of ballot papers for voting at a mobile station or by post (including provisions as to the persons who are to be entitled or may be allowed to attend and the rights and obligations of persons attending) and as to the steps to be taken to ensure the secrecy of the voting and the safe custody (before and after the count) of the ballot papers returned and other documents.

 

Form 4 states:

…A person is entitled to be registered as an elector…provided that person is not…

• (b) a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in the Islands…

 

Excerpts from the Elections Law (1983, last amended 2009)

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Section 13, subsection 3 states:

Every registering officer shall also, within the period specified in section 14(1), proceed to list the name, street address and occupation of every person qualified to vote for the election of the Assembly in the electoral district for which he has been appointed, and shall prepare such list from the current register from the applications in Form 4 that have been received, duly completed and signed and from the information obtained from the returns submitted to him under section 19 or 21. Provided that he may, on his own motion, place on such list any person whom he has reasonable grounds for believing is qualified to be registered and who he is satisfied is unable to complete Form 4 by reason either of blindness, illiteracy or any physical incapacity.

 

Section 47 states:

(2) The presiding officer shall instruct the elector how to make his mark, and shall properly fold the elector’s ballot paper, directing him to return it, when marked, folded as shown, without inquiring or seeing for whom the elector intends to vote, except when the elector is unable from physical or other disability from voting without assistance to vote in the manner prescribed by this Law…

(3) …the elector who shall deposit the ballot in the ballot box; except that where the elector is unable from physical or other disability to deposit the ballot in the ballot box, the presiding officer shall, on the elector’s behalf, deposit the ballot in the ballot box.

 

Section 49 states:

…(3) The presiding officer, on the application of any elector who is incapacitated from physical or other disability from voting without assistance in the manner prescribed by this Law, shall require the elector making such application to make oath in Form 28 of his incapacity to vote without assistance, and shall thereafter deal with such votes in the manner specified in subsection (4).

(4) If any such elector as is referred to in subsection (3) requests the assistance of the presiding officer in marking his ballot, the presiding officer shall thereafter assist such elector by marking his ballot paper in the manner directed by such elector in the presence of the poll clerk and, if so requested by the elector, the presence of a friend.

(5) Where an elector requires the presence of a friend in accordance with subsection (4) that person shall not be allowed to be present unless he first takes the oath in Form 29.

 

Section 50, subsection 1 states:

Subject to this section, where:

(a) an elector is unable or likely to be unable:

• (i) to go in person to the polling station because he is or is likely be in a hospital, rest home or other similar institution, or because he is a geriatric at home;
• (ii) by reason either of blindness or any other physical incapacity to in person to the polling station or, if able to go, to vote unaided…that elector is entitled to have his vote taken at a mobile station if, in the prescribed manner and within the prescribed time, he applies to be treated as an absent elector voting at a mobile station  and if his application is allowed by the registering officer under section 53.

 

Section 93 states:

Every election officer who:…

• (b) permits a person, whom he knows or has reasonable cause to believe not be a person unable from physical or other disability to vote without assistance, to vote in the manner provided by Law for a person who is unable to from physical or other disability to vote without assistance…is guilty of an offence…

 

Excerpts from the Elections Law (1983, last amended 2009)

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Section 36, subsection 2 states:

Where a presiding officer cannot perform his duties on polling day due to illness or other inability, the Supervisor shall appoint an alternative presiding officer to undertake those duties.

 

Section 37, subsection 3 states:

Where a field officer, logistics officer or poll clerk cannot perform his duties on polling day due to illness or other inability, the Supervisor shall appoint an alternative field officer, logistics officer or poll clerk, as the case may be, to undertake those duties.

 

Excerpts from the Elections Law (1983, last amended 2009)