European Parliament Elections Act 1997
Voting by incapacitated persons.
64. (1) Where a European elector applying for a ballot paper satisfies the presiding officer that the elector’s sight is so impaired or that the elector is otherwise so physically incapacitated or is unable to read or write to such an extent that he or she is unable to vote without assistance, this rule shall apply.
(2) For the purposes of paragraph (1) the presiding officer may, and if required by any personation agent present in the polling station shall, administer to the European elector before delivery of the ballot paper an oath or (in the case of a person who objects to taking an oath on the ground that the person has no religious belief or that the taking of an oath is contrary to the person’s religious belief) an affirmation in the following form:
“ I swear by Almighty God (or — do solemnly, sincerely and truly declare and affirm — as the case may be) that my sight is so impaired (or — that I am so physically incapacitated or — that I am unable to read or write to such an extent — as the case may be) that I am unable to vote without assistance”;
and if the elector refuses to take the oath or make the affirmation, this rule shall not apply.
(3) Where this rule applies in the case of a European elector who satisfies the presiding officer that the elector’s sight is so impaired or that the elector is otherwise so physically incapacitated F95[or he or she is unable to read or write to such an extent] that he or she is unable to vote without assistance, the elector may request that the ballot paper shall be marked by a companion and, subject to paragraph (4), the companion may go with the elector into one of the compartments in the polling station and there shall mark the ballot paper for the elector and shall fold it and show the back of the folded paper to the presiding officer so as to disclose the official mark and forthwith place the paper in the ballot box.
(4) The presiding officer may, and if required by any personation agent present in the polling station shall, put to the companion before delivery of the ballot paper, the following questions or any one or more of them:
(i) Have you attained the age of sixteen years?
(ii) Have you marked as a companion more than one ballot paper at this election?
(iii) Are you a candidate at this election?
(iv) Are you an agent of a candidate at this election?
and unless such of those questions as are put to the companion are answered, in the case of the first of those questions, in the affirmative and, in the case of any other of those questions, in the negative, the companion may not mark the ballot paper.
(5) Where this rule applies and —
(a) the European elector is unable to read or write, or
(b) the European elector does not request that the ballot paper shall be marked by a companion, or
(c) the European elector having so requested, the marking of the ballot paper by the companion would be in contravention of paragraph (4),
the presiding officer shall, in the presence of the elector and the personation agents and no other person, mark a ballot paper as instructed by such elector and shall then fold it and place it in the ballot box.
(6) A request made by a European elector within two hours before the hour fixed by the Minister for the close of the poll to have the ballot paper marked for the elector under this rule otherwise than by a companion may be refused by the presiding officer if, in the presiding officer ’ s opinion, having regard to the number of European electors then coming in to vote or likely to come in to vote before the close of the poll, acceding to such request would interfere with the proper discharge of the presiding officer ’ s duties or would unduly obstruct the voting of other European electors.
(7) Where a ballot paper is to be marked pursuant to paragraph (5) the presiding officer may assist the European elector by reading out in full from the ballot paper the particulars stated in respect of each candidate, but the presiding officer shall not act on any written instruction.
(8) Where, pursuant to this rule, a person has marked as a companion two ballot papers at a European election, that person shall not, at that election, mark as a companion any other ballot paper.
(9) A person shall not mark as a companion a ballot paper at a European election if that person has not reached the age of 16 years or is a candidate or an agent of a candidate at that election.
Annotations
Amendments:
F95
Inserted (1.11.2001) by Electoral (Amendment) Act 2001 (38/2001), s. 51(n), S.I. No. 497 of 2001.
