Trinidad and Tobago

Representation of the People Act (1967, last amended 2000)

Updated: June 2015

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Section 5, subsection 3 states:

The Commission may, after consultation with the political party that nominated a Scrutineer for the appointment, remove the Scrutineer from office if the Commission considers him for good and sufficient cause to be unfit or incompetent to discharge the duties of his office, or if the Scrutineer at any time refuses or wilfully neglects to perform any of his functions under this Act.

 

Section 7, subsection 3 states:
If at any time between the issue of a writ for an election and the delivery or transmission to the Commission of the election return for that election, the Returning Officer dies or becomes incapable of performing his functions as such, the Election Clerk, where only one such Clerk has been appointed, or the Senior Election Clerk, where more than one such Clerk has been appointed, shall forthwith report the fact to the Commission and shall perform the functions of the Returning Officer until some other person is appointed as Returning Officer or the Returning Officer ceases to be incapable of performing and resumes his functions.

 

Section 8 states:

…Where a Presiding Officer dies or becomes unable to perform his functions during the taking of the poll, the Deputy Presiding Officer shall forthwith report the fact to the Returning Officer and shall perform the functions of the Presiding Officer until some other person is appointed as Presiding Officer or the Presiding Officer resumes his functions. (4) Subject to subsection (3), if a Poll Clerk dies or becomes incapable of performing his functions during the taking of the poll, the Presiding Officer shall forthwith report the fact to the Returning Officer, and some other person may forthwith be appointed to act as a Poll Clerk until some other person is appointed as Poll Clerk or the Poll Clerk resumes his duties.

 

Section 15, subsection 1 states:

No person is qualified to be or to remain registered as an elector who:

  • (a) is mentally ill, within the meaning of the Mental Health Act.

 

Registration rules, section 41, subsection 11 states:

An entry against a number in a registration record opposite to the reason for cancellation shall denote that the reason for cancellation is that set out opposite the number as follows:…

  • (10) Adjudged of unsound mind or certified to be insane…

 

Election rules, section 30, subsection 4 states:

If a Polling Agent or a Special Polling Agent dies, or becomes incapable of acting, the candidate or his election agent, as the case may be, may appoint another such agent in his place and the provisions of subrules (2) and (3) shall apply in respect of any such appointment.

 

Election rules, section 38 states:

(8) Where the elector has no finger on either hand, the poll card shall be signed for and on his behalf by a companion or a candidate or Polling Agent or an Election Agent; and the Poll Clerk shall make a note to that effect upon the original of the poll card.

 

Election rules, section 48 states:

(1) Subject to rules 38 to 47, the Presiding Officer, on application of an elector who is incapacitated by blindness, visual impairment or by other physical cause and who is, therefore unable to vote in the manner directed by these Rules, shall require the elector to swear an oath in the form set out as Form No. 58 or 59 in the Prescribed Forms Rules, as the case may be, and on making such oath the elector shall be allowed to cast his vote with the use of a template or the assistance of a companion of his choice. …

(4) Subject to subrule (5) for the purposes of these Rules, “a companion” means—

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

(5) A person incapacitated by blindness, visual impairment or other physical cause shall not be a companion to an elector under these Rules.

 

Excerpts from the Representation of the People Act (1967, last amended 2000)

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Section 56, subsection 3 states:

The application for relief may be made on the ground that the failure, error or false statement arose—

  • (a) by reason of the illness of the applicant;
  • (b) where the applicant is the candidate, by reason of the absence, death, illness or misconduct of his election agent or sub-agent or of any clerk or officer of such agent;
  • (c) where the applicant is the election agent, by reason of the death or illness of any prior election agent of the candidate or of the absence, death, illness or misconduct of any sub-agent, clerk or officer of any election agent of the candidate; or
  • (d) by reason of inadvertence or any reasonable cause of a like nature, and not by reason of any want of good faith on the part of the applicant.

 

Section 61  states:
An Election Officer, other than a Registration Officer or Assistant Registration Officer, is guilty of a corrupt practice, who—

  • (b) permits any person whom he knows or has reasonable cause to believe not to be a physically incapacitated person to vote in the manner provided for the physically incapacitated persons;
  • (c) refuses to permit any person whom he knows or has reasonable cause to believe to be a physically incapacitated person to vote in the manner provided for the physically incapacitated persons…

 

Section 64, subsection 5 states:

No person having undertaken to assist a physically incapacitated elector to vote shall communicate at any time to any person any information as to the candidate or political party for whom that elector intends to vote or has voted.

 

Registration rules, section 8, subsection 3 states:

Where a person wishing to be registered is physically incapacitated, he shall notify the Registration Officer of the registration area in which he is resident of such infirmity or incapacity and such Registration Officer shall go to the address at which such person is resident and shall effect the registration of such persons in accordance with these Rules.

 

Registration rules, section 15 states:
(1) Where a person who is being registered is unable to read, the Assistant Registration Officer or the Authorised Registering Officer shall, subject to subrule (2), read to him the contents of his registration record.

(2) Before reading the contents of a registration record as in subrule (1), the Assistant Registration Officer or the Authorised Registering Officer shall inform the person who is being registered that the contents will, should he so desire, be read to him in the presence of a witness of his own choice.

(3) Should the person referred to in subrule (2) inform the Assistant Registration Officer or the Authorised Registering Officer that he wishes the contents to be read to him in the presence of a witness of his own choice, the Assistant Registration Officer or the Authorised Registering Officer shall read the contents to the person in the presence of the witness as is there and then produced; but where no such witness is there and then available, the person may fix with the Assistant Registration Officer or the Authorised Registering Officer a time not later than three days thereafter for the production of his witness and, at the time so fixed, the Assistant Registration Officer or the Authorised Registering Officer shall read the contents to the person in the presence of the witness, if any, as may then be produced.

(4) Where a person who is being registered is unable to sign his name because of illiteracy or physical disability he shall, subject to subrule (5), make an impression in ink on the original and the duplicate of his registration record as follows:

  • (a) with his right thumb;
  • (b) with his left thumb, should he not have a right thumb; or
  • (c) with any other finger, should he not have any thumb.

(5) If a person referred to in subrule (4) has no finger on either hand, the registration record of the person shall be signed for and on behalf of the person by a friend of his choice in the presence of the Assistant Registration Officer or the Authorised Registering Officer.

(6) When an impression is made under subrule (4) with a finger other than the right thumb, the Assistant Registration Officer or the Authorised Registering Officer shall make a note of the finger with which it is made upon the original and the duplicate of the registration record of the person who made the impression.

 

Election rules, section 32 states:

The Presiding Officer shall regulate the number of electors to be admitted to his polling station at the same time, and shall exclude all other persons except such of the following persons who he is satisfied have made the declaration required under rule 31:…

  • (d) the companions of physically incapacitated electors…

 

Election rules, section 33 states:

(3) Subject to rule 48, the Presiding Officer shall not allow any person except the companion of a physically handicapped, blind or visually impaired voter to be in any position that will permit such person to see or ascertain how that voter votes or has voted.

 

Election rules, section 38 states:

(7) Where the elector is unable to sign his name because of illiteracy or physical disability, including blindness or visual impairment, he shall make an impression in ink on the original of the poll card in the place directed by the Poll Clerk as follows:

  • (a) with his right thumb, where he has one;
  • (b) where he has no right thumb, with the finger, as ascertained by the Poll Clerk from the unit register with which the elector is recorded as having made his impression on the registration record.

 

Election rules, section 48 states:
(1) Subject to rules 38 to 47, the Presiding Officer, on application of an elector who is incapacitated by blindness, visual impairment or by other physical cause and who is, therefore unable to vote in the manner directed by these Rules, shall require the elector to swear an oath in the form set out as Form No. 58 or 59 in the Prescribed Forms Rules, as the case may be, and on making such oath the elector shall be allowed to cast his vote with the use of a template or the assistance of a companion of his choice.

(2) Where a blind or visually impaired elector opts to vote with the use of a template, the Presiding Officer shall provide him with a template to assist him in marking his ballot paper.

(3) For the purposes of these Rules “template” means a pocket-shaped cardboard device opened at the top and the right into which a ballot paper is inserted in such a way that the holes in the template correspond with the circles opposite the names of the candidates

(4) Subject to subrule (5) for the purposes of these Rules, “a companion” means—

  • (a) a person who is entitled to vote as an elector at the election except an Election Officer or a Polling Agent; or
  • (b) the father, mother, brother, sister, husband, wife, son or daughter of the elector who has attained the age of eighteen years.

(5) A person incapacitated by blindness, visual impairment or other physical cause shall not be a companion to an elector under these Rules.

(6) Where the assistance of a companion is required the elector may request that the Presiding Officer be present with the elector and his companion in the voting booth.

 

Election rules, section 59 states:

An elector is eligible to be treated as a special elector if he is—…

  • (j) unable or likely to be unable to go in person to the polling station at which he is entitled to vote by reason of being—
  • (i) a patient in a public hospital, or in a private hospital approved by the Commission, or an inmate in a public institution…

 

Election rules, section 83 states:

(1) Where the Special Presiding Officer is of the opinion that a special elector is physically incapacitated by blindness or otherwise to the extent that he is unable to record his vote on the ballot paper or to insert his ballot into the special ballot box without the assistance of another person, the Special Presiding Officer shall allow that special elector to vote with the assistance of a companion who is of the age of eighteen years or over, in the presence of the Presiding Officer, after the companion has made a declaration of secrecy in the form set out as Form No. 51 in the Prescribed Forms Rules.

(2) Where a special elector is unable to sign the declaration of identity by reason of illiteracy or physical incapacitation, the declaration of identity shall be signed by a companion who is of the age of eighteen years or over and who shall indicate in block letters the identity and address of the special elector.

 

Excerpts from the Representation of the People Act (1967, last amended 2000)

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Section 5, subsection 3 states:

The Commission may, after consultation with the political party that nominated a Scrutineer for the appointment, remove the Scrutineer from office if the Commission considers him for good and sufficient cause to be unfit or incompetent to discharge the duties of his office, or if the Scrutineer at any time refuses or wilfully neglects to perform any of his functions under this Act.

 

Section 7, subsection 3 states:
If at any time between the issue of a writ for an election and the delivery or transmission to the Commission of the election return for that election, the Returning Officer dies or becomes incapable of performing his functions as such, the Election Clerk, where only one such Clerk has been appointed, or the Senior Election Clerk, where more than one such Clerk has been appointed, shall forthwith report the fact to the Commission and shall perform the functions of the Returning Officer until some other person is appointed as Returning Officer or the Returning Officer ceases to be incapable of performing and resumes his functions.

 

Section 8 states:

…Where a Presiding Officer dies or becomes unable to perform his functions during the taking of the poll, the Deputy Presiding Officer shall forthwith report the fact to the Returning Officer and shall perform the functions of the Presiding Officer until some other person is appointed as Presiding Officer or the Presiding Officer resumes his functions. (4) Subject to subsection (3), if a Poll Clerk dies or becomes incapable of performing his functions during the taking of the poll, the Presiding Officer shall forthwith report the fact to the Returning Officer, and some other person may forthwith be appointed to act as a Poll Clerk until some other person is appointed as Poll Clerk or the Poll Clerk resumes his duties.

 

Election rules, section 30, subsection 4 states:

If a Polling Agent or a Special Polling Agent dies, or becomes incapable of acting, the candidate or his election agent, as the case may be, may appoint another such agent in his place and the provisions of subrules (2) and (3) shall apply in respect of any such appointment.

 

Excerpts from the Representation of the People Act (1967, last amended 2000)