Montserrat

Elections Act (1952, last amended 2008)

Updated: June 2015

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Section 12, subsection 1 states:

Subject to the provisions of subsection (2), every person who—

  • (a) has attained the age of eighteen years; and
  • (b) is not a person of unsound mind so found under any law in force in Montserrat; and
  • (c) is a Commonwealth citizen; and
  • (d) has resided in Montserrat for 36 months immediately preceding the date of registration as a voter or is domiciled in Montserrat and is resident therein at the date of such registration; and
  • (e) is not disqualified under the provisions of this Act from being registered as a voter; shall be entitled to be registered as a voter and, when registered, to vote at an election…

 

Excerpt from the Elections Act (1952, last amended 2008)

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Section 2, subsection 5 states:

Where by this Act any person is directed or power is conferred on any person or authority to appoint a person to perform the functions of an office if the holder thereof is unable to perform those functions, the validity of any performance of those functions by the person so directed or of any appointment made in exercise of that power shall not be called in question in any court on the ground that the holder of the office is not unable to perform the functions of the office.

 

Section 12, subsection 1 states:

Subject to the provisions of subsection (2), every person who—

  • (a) has attained the age of eighteen years; and
  • (b) is not a person of unsound mind so found under any law in force in Montserrat … shall be entitled to be registered as a voter and, when registered, to vote at an election…

 

Section 28 states:

…(3) If any presiding officer dies or becomes incapable of performing his duties during the taking of the poll, the poll clerk shall forthwith assume the office of presiding officer and shall appoint some other person to act as poll clerk.

(4) If any poll clerk dies or becomes incapable of performing his duties during the taking of the poll, the presiding officer shall forthwith appoint some other person to act as poll clerk…

 

Section 40, subsection 2 states:

The presiding officer shall instruct the voter how to make his mark, and shall properly fold the voter’s ballot paper, directing him to return it, when marked, folded as shown, but without inquiring or seeing for whom the voter intends to vote, except when the voter is unable to vote in the manner prescribed by this Act on account of illiteracy, blindness or other physical incapacity.

 

Excerpts from the Elections Act (1952, last amended 2008)

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Article 39, subsection 1 states:

The presiding officer shall keep order at his polling station and shall regulate the number of voters to be admitted at a time, and shall exclude all other persons except the Supervisor of Elections, the returning officer, the poll clerk, the candidates, one agent for each candidate appointed by such candidate in accordance with the provisions of section 31, the police officers on duty and the friend, if any, of a blind or otherwise incapacitated voter.

 

Article 40, subsection 2 states:

The presiding officer shall instruct the voter how to make his mark, and shall properly fold the voter’s ballot paper, directing him to return it, when marked, folded as shown, but without inquiring or seeing for whom the voter intends to vote, except when the voter is unable to vote in the manner prescribed by this Act on account of illiteracy, blindness or other physical incapacity.

 

Article 42 states:

…(3) The presiding officer, on the application of any voter who is incapacitated from any physical cause other than blindness or by reason of illiteracy from voting in the manner prescribed by this Act, shall require the voter making such application to make oath in the form set out as Form No. 19 in the Second Schedule of his incapacity to vote without assistance, and shall thereafter assist such voter by marking his ballot paper in the manner directed by such voter in the presence of the poll clerk and of no other person, and shall place such ballot in the ballot box.

(4) The presiding officer shall either deal with a blind voter and a voter who is unable to mark his ballot paper by reason of illiteracy in the same manner as with an otherwise incapacitated voter, or, at the request of any blind voter or a voter who is unable to mark his ballot paper by reason of illiteracy and who has taken the oath in the form set out as Form No. 20 in the Second Schedule, and is accompanied by a friend who is a voter, shall permit such friend to accompany the blind or illiterate voter, as the case may be, into the voting compartment and mark the voter’s ballot paper for him. No person shall at any election be allowed to act as such friend to more than one voter.

(5) Any friend who in accordance with the provisions of subsection (4) is permitted to mark the ballot paper of a blind voter or a voter who is unable to mark his ballot paper by reason of illiteracy shall first be required to take an oath in the form set out as Form No. 21 in the Second Schedule that he will keep secret the name of the candidate for whom the ballot of such voter is marked by him, and that he has not already acted as the friend of any other voter for the purpose of marking his ballot paper at the pending election.

 

Article 60 states:

…(b)  permits any person whom he knows or has reasonable cause to believe not to be a blind person, an illiterate person or an incapacitated person to vote in the manner provided for blind persons,  illiterate  persons  or  incapacitated  persons,  as  the case may be; or

(c)  refuses  to  permit  any  person  whom  he  knows  or  has reasonable cause to believe to be a blind person, an illiterate person  or  an  incapacitated  person  to  vote  in  the  manner provided for blind persons, illiterate persons or incapacitated persons, as the case may be…

 

Excerpts from the Elections Act (1952, last amended 2008)

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Section 28 states:

…(3) If any presiding officer dies or becomes incapable of performing his duties during the taking of the poll, the poll clerk shall forthwith assume the office of presiding officer and shall appoint some other person to act as poll clerk.

(4) If any poll clerk dies or becomes incapable of performing his duties during the taking of the poll, the presiding officer shall forthwith appoint some other person to act as poll clerk…

 

Excerpt from the Elections Act (1952, last amended 2008)