Guidelines

Current international voting practices for disabled and elderly people

The majority of countries are now experimenting with, trialling and implementing electronic voting systems as the main voting method for all citizens. Some countries however, only forsee offering e-voting as an additional channel to complement more traditional methods. Legislation recommends that e-voting should be accessible for disabled and elderly people, however some of these people are "put off" by the new technology. In this instance, and has been the practice for many years, there are alternative non-electronic ways of voting for the disabled and elderly.

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Australia

Assistance to vote

Assistance is provided if the polling official in charge of the polling place is satisfied that voting can not be done without help. The following electors may seek help:

• the elderly;
• people with a disability (including visual impairment);
• non-literate people;
• people from culturally and linguistically diverse backgrounds.

The voter can nominate any person (except a candidate) to assist. This nominated person could be a friend or relative, a Scrutineer or a party worker. The polling official in charge can also br chosen to provide assistance.

If the polling official in charge is the one providing assistance, Scrutineers have the right to be present while the ballot papers are filled in. If assistance is being provided by a person nominated by the voter, then only the voter and the nominated assistant enter a polling booth. The assistant helps to complete, fold and deposit the ballot paper in the ballot box. In this situation Scrutineers are not allowed to enter the polling booth while the ballot paper is being completed.

Mobile polling

Australian Electoral Commission mobile polling teams take portable polling places to many electors who are not able to get to a polling place. Mobile polling is carried out on or before polling day. Mobile polling teams visit electors in selected hospital and nursing homes, in remote areas and prisons.

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Belgium

For the disabled person, assistance in voting at the polling station can be provided by a companion or the presiding officer.

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Canada

Elections Canada has worked to remove the obstacles electors may encounter at the polls by making constant improvements to administrative practices. Additional recommendations have been made by parliamentary committees that have reviewed the Canada Elections Act over the years. Amendments to the legislation in 1992, 1993, 1996, 2000 and 2007 have produced services that are better adapted to the needs of the Canadian electorate, particularly persons with disabilities. Some of these services include:

• The special ballot, through the use of a unique system of envelopes that protects the secrecy of the vote, allows Canadians to vote by mail or in person at their local Elections Canada office. While all electors can use the special ballot, it is particularly useful to persons with disabilities who would have difficulty reaching a polling station


• Elections Canada has modified buildings and offices that are used during electoral events everywhere in Canada to ensure level access. Many of these modifications are permanent
  
  
• Electors with disabilities may now request a transfer certificate on election day which allows electors with disabilities to use a polling station with level access, when, on rare occasions their polling station does not provide level access
  
  
• Mobile polling stations can be provided for institutions where seniors or persons with disabilities reside
  
  
• An elector who is registered for a special ballot and who cannot go to the local Elections Canada office and who cannot mark the ballot due to a disability may vote at home in the presence of an electoral officer and a witness
  
  
• The term "interpreters" in the Canada Elections Act includes interpreters for persons with disabilities
  
  
• "Permitted personal expenses" for a candidate with a disability or one who cares for a person with a disability now include expenses directly related to that disability
  
  
• Returning officers are receiving accessibility training and awareness sessions designed to help them recognize the needs of persons with disabilities in their electoral districts
  
  
• Public education and information programs have been put in place to make the referendum and electoral processes better known to the public, particularly those persons and groups most likely to experience difficulty in exercising their democratic rights

Additional services for people with disabilities:

• Information in alternative formats, such as large print, Braille, audio-cassette and diskette
  
  
• Information, e-mail access and special ballot registration forms available on the Internet
  
  
• A toll-free inquiries line for persons who are deaf or hard of hearing
  
  
• Documentation specifically for persons with reading disabilities
  
  
• Open- and closed-captioned videotapes for persons who are deaf or hard of hearing
  
  
• Transportation of the ballot box from room to room to facilitate voting in hospitals and certain residential institutions
  
  
• Voting template for persons with a visual disability


• Language or sign language interpreter services on request
  
  
• Assistance in marking the ballot is available at the polling station at the request of the elector

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Croatia

Current voting law in Croatia states that a person who is blind or partially sighted, has learning impairments or physical disabilities that prevent them from voting by themselves may be accompanied by a trustworthy person who can help them to vote.

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Denmark

The Danish Election Act 1987 makes provision for disabled and elderly people to vote with assistance. Assistance with voting must be provided by two officials or officially appointed voters. However blind and partially sighted people may request the assistance of a person of their choice.

Absentee ballots may be cast by those voters who are hospitalised, in care homes or house-bound. This is organised, upon request, by the local council.

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India

The Election Commission in India is using the following two initiatives on an experimental basis: For accessibility to polling booths for those with physical impairments temporary ramps are fitted. In some constituencies voters who are blind or partially sighted are provided with ballot papers written in Braille.

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Ireland

There are extensive provisions in Irish Electoral Law providing special arrangements to assist electors with disabilities to exercise their right to vote. These include:

• voting at an alternative polling station if a person’s local station is inaccessible
• postal voting by electors living at home who cannot go to the polling station due to a physical disability or illness
• assistance in voting at the polling station by a companion or the presiding officer for people with a visual impairment, physical or literacy impairment
• special voting facilities provided in hospitals, nursing homes or similar institutions for residents who cannot go to the polling station due to a physical disability or illness
• the use of photographs and party emblems on ballot papers and the display of a large print copy of the ballot paper in polling stations to assist visually impaired people and people with literacy impairments

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Lithuania

People with disabilities have the right to be accompanied in the polling station by a person of their choice to help them vote, or they are able to vote by post before the election day.

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Malaysia

Although there are no regulations regarding special provisions for the disabled and elderly, it is generally accepted in Malaysia that a blind or partially sighted person may be accompanied by a family member who can help them to vote.

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Slovakia

Visually impaired people have the right to be accompanied in the polling station by a person of their choice to help them to vote.

If a person is unable to get to the polling station due to physical impairments the electoral authority can organise mobile voting from the voter's premises. Both of these practices may also be combined.

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Spain

The Spanish Council of Ministers has recently adopted a Royal Decree to regulate voting procedures for blind and partially sighted people in Spain. This ensures voting is secret.
According to the Council, the new voting system will be used in the upcoming general elections scheduled for March 2008.

Furthermore, the system will be used in elections for the European Parliament and regional assemblies and also in referenda, while in the case of local elections specific regulations must be drawn up given the complexity of the issue.

The government believes around 15,000 voters will benefit from this measure. The procedure adopted states that once an application has been submitted to the Ministry of the Interior, the president of each polling table shall give the voter an envelope containing instructions and voting envelopes for each party running in which the name appears in print and braille.

For elections to the Senate, given that an open-list system is used, the envelope will contain a template with holes stamped out; this is placed on top of the normal ballot paper to enable voters to mark their preferences with a cross.

The Royal Decree also makes it compulsory for each polling station to have a specific, accessible and suitable space that guarantees voters’ privacy as close as possible to the polling table.

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Sweden

All polling stations and voting places are accessible to everybody. If the Election Committee wishes to use premises that are not deemed accessible they must refer the matter to the County Administrative Board for a decision and prove that there are no alternative accessible premises.

Mobile voting

If access to the polling station is still not possible for people with physical disabilities then the election officers may collect the vote outside the polling station.

At some hospitals and other nursing institutions the Election Committee may organise mobile voting.

Voting by messenger

Any person who cannot get to a polling station may vote by messenger. Relatives or carers may act as a messenger. In addition the Election Committee may appoint specific people to be messengers.

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United Kingdom

Polling stations and local information

Under the Disability Discrimination Act (1995), service providers are legally obliged to make any 'reasonable' physical adjustments to their premises to make them accessible to disabled people. This legislation covers polling stations.

Local authorities should provide information about polling stations, including details about:

• physical access - disabled parking spaces and entrance ramps
• low-level polling booths
• equipment such as magnifying glasses for voters with a visual impairment

This information is often available on the authority's website. They should also have a helpline and an email address for more information.

Voting information in alternative formats

The Electoral Commission website contains leaflets which can be downloaded in large print, various language formats and as audio files. The leaflets include:

• an easy-guide to voting - aimed mainly at first-time voters
• how to register to vote
• voting by post

Braille versions should also be available from the electoral registration office at the local council.

Tactile voting devices for blind and partially sighted people

All polling stations must provide a tactile voting device and at least one large print display version of the ballot paper. This makes it easier to vote without another person's help for blind and partially sighted people.

It is also considered permissable for polling station staff to read the list of candidates and their details to the blind or partially sighted person if required.

'Easy-read' voting information for people with learning difficulties

The Disability Rights Commission (DRC) website contains several useful downloads about voting. These are written especially for people with learning disabilities using simple vocabulary and images.

Postal voting

Postal voting is open to everyone and a reason to vote by post does not have to be given.

Voting by proxy

If a vote can not be made in person, it is possible to apply to vote by proxy. The electoral registration office at the local council should provide an application form on request.

Acting on someone else's behalf

Some people who have cognitive impairments may have someone to act on their behalf in certain situations. A 'power of attorney' is a process in which a person gives one or more people the legal right to manage their affairs. This might be to sign cheques or withdraw money from a savings account for them.

However, a power of attorney does not extend to the electoral process. An attorney has no powers to vote on behalf of another person, unless they have been appointed proxy on a form signed by the person.

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USA

The Voting Accessibility for the Elderly and Handicapped Act of 1984 generally requires polling places across the United States to be physically accessible to people with disabilities for federal elections. Where no accessible location is available to serve as a polling place, a political subdivision must provide an alternate means of casting a ballot on the day of the election. This law also requires states to make available registration and voting aids for disabled and elderly voters, including information by telecommunications devices for the deaf.

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Legislation

Further information

Acknowledgements

The information contained in this section was taken from the following sources:

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