Papua New Guinea

Section 105 states:

• (g) in the case of an elector suffering from a disability referred to in Section 140 the authorized witness shall mark the elector’s vote on the ballot-paper and shall then and there fold the ballot-paper so that the vote cannot be seen, place it in the envelope addressed to the Returning Officer, fasten the envelope, and hand it to the voter, who shall post or deliver it, or cause it to be posted or delivered, to the Returning Officer for the electorate in which he is entitled to vote;
• (h) the authorized witness shall not suffer or permit any person (other than the elector) to see or become acquainted with the elector’s vote, or to assist the elector to vote, or to interfere in any way with the elector in relation to his vote…

Section 140 states:

(1) If a voter satisfies the presiding officer that–

• (a) his sight is impaired; or
• (b) that he is so physically incapacitated that he is unable to vote without assistance; or
• (c) that he is so illiterate that he is unable to vote without assistance, the presiding officer shall permit such number of persons appointed by the voter to enter an unoccupied compartment of the booth with the voter, and mark, fold and deposit the voter’s ballot-paper for him.

(1A) voter may present to a Presiding Officer or other polling officer a list indicating the candidates the voter wants to vote for and upon receipt of such a list and in the presence of another polling official, the Presiding Officer or polling officer shall read to the voter the candidates named on the list and confirm if the voter wishes to mark votes for these candidates and in the order of preference so indicated and only after this can the Presiding Officer or other polling officer complete a ballot paper for the voter in accordance with the voters instructions.

(2) A person appointed under Subsection (1) to assist a voter shall restrain from disclosing any knowledge of the vote of the voter.

Section 143 states:

(1) If a voter who claims to vote under Section 141 or 142 satisfies the presiding officer that his sight is so impaired or that he is so physically incapacitated that he is unable to vote without assistance, the presiding officer shall–

• (a) fill in the form of declaration with the required particulars relating to the enrolment of the voter as required by the voter; and
• (b) read over to the voter the form of declaration; and
• (c) require the voter to sign the form of declaration–
  • (i) in his own handwriting if he is able to do so; or
  • (ii) with his mark as his personal signature if he is unable to sign his name in his own handwriting; and
• (d) cause the signature of the voter, if made by means of a mark, to be witnessed by a scrutineer present, or if no scrutineer be present, by the poll clerk; and
• (e) complete and attest the declaration; and
• (f) permit such number of persons appointed by the voter to enter an unoccupied compartment of the booth with the voter and to mark and fold the ballot-paper for the voter; and
• (g) enclose the ballot-paper in the envelope bearing the declaration of the voter, securely fasten the envelope and deposit it in the ballot-box.

(2) If a voter to whom Subsection (1) applies fails to appoint a person under that subsection, the presiding officer shall take action in accordance with Subsection (1)(a) to (e) (inclusive) and shall, in the presence of a person appointed by the voter for the purpose if the voter so desires, or, in the absence of any such appointment, the poll clerk–

• (a) mark and fold the ballot-paper for the voter; and
• (b) enclose the ballot-paper in the envelope bearing the declaration of the voter, securely fasten the envelope and deposit it in the ballot-box.

Section 188, subsection (2) states:

Where a person who is unable to sign his name in writing makes his mark as his signature to an electoral paper, the mark shall be deemed to be his personal signature, if it is identifiable as such and is made in the presence of a witness who signs the electoral paper as a witness to the signature.

Excerpts from the Organic Law on National and Local-level Government Elections (1997, last amended 2006)

Section 83 states:

(1) An elector is to mark his ballot-paper personally.

(2) An elector who is unable to mark his ballot-paper personally may seek the assistance of a relative or friend who is to accompany him to the voting compartment and the relative or friend may, in accordance with the elector’s instructions, mark the ballot-paper for the elector.

(3) Where an elector does not have a friend or relative to assist him to mark his ballot- paper, he may seek the assistance of a policeman or the assistance of the presiding officer, assistant presiding officer or poll clerk.

(4) Where a ballot-paper is marked for an elector, the person marking the ballot-paper shall mark the ballot-paper in strict compliance with the elector’s instructions as to the three candidates the elector wishes to give his first, second and third preference votes.

(5) A person assisting an elector under this section who fails to mark a ballot-paper in compliance with the elector’s instructions is guilty of an offence. Penalty: A fine not exceeding K200.00.

(6) An elector may present to a presiding officer or other polling officer a list indicating the names of the three candidates that the elector wants to vote and upon receipt of such a list and in the presence of another polling officer, the presiding officer or other polling officer shall read the candidates names on the list and confirm if the voter wishes to mark votes for these candidates and in the order of preference so indicated and only after this can the presiding officer or other polling officer complete a ballot-paper for the elector in accordance with the electors instructions.

Excerpt from the Electoral Law (National Elections) Regulation (2007)