5. Section 40 of the Parliamentary Elections Act, No. 1

of 1981 (hereinafter in this Part referred to as the “principal enactment”) is hereby amended by the repeal of subsection (2) of that section and the substitution therefor of the following subsection :—

“(2) (a) Any voter who is subject to a disability and such disability prevents the voter from voting in

Amendment of section 40 of the

Parliamentary

Elections Act,

No. 1 of 1981.

accordance with the directions given for the guidance of voters in the Third Schedule to the principal enactment may be accompanied by a person who shall mark the ballot paper of such voter in the manner directed by the voter in the presence of the presiding officer and another member of his polling staff and cause such ballot paper to be placed in the ballot box.

A person subject to a disability who wishes to be accompanied by a person to vote shall be eligible to do so if such person produces a Certificate of Eligibility substantially in the Form set out in the Fifth Schedule to this Act, to the presiding officer or another member of his staff.

For the purposes of this section —

not be a candidate who is contesting at the relevant election;

not be a presiding officer, an authorized officer or a polling agent at the relevant election;

not be a person subject to a disability;

a total or partial visual impairment; or

a physical disability, which prevents the voter from validly marking his ballot paper.”.