ELECTORAL ACT (as amended at 24th January 2008)
60
Voting by physically incapacitated voters
(1) At the request in person of a voter who is incapacitated by blindness or other physical
cause from voting in the manner provided in section fifty-seven, the presiding officer, in the
presence of two other electoral officers or employees of the Commission at the polling
station, shall cause the vote of such voter to be there and then marked on a ballot paper in the
manner directed by the voter and the ballot paper to be placed in the ballot box, and if the
directions of the voter as to the manner in which the vote is to be marked on the ballot paper
are not sufficiently clear to enable the vote to be so marked without further directions from
the voter, the presiding officer may cause such questions to be put to the voter as, in his or her
opinion, are necessary to elicit such further directions.
(2) The name of every person whose ballot paper is marked in terms of subsection (1)
and the reason why it is so marked shall be entered on a list.
61
Procedure at close of poll
The presiding officer shall, immediately after the close of the poll, in the presence of such
candidates and their chief election agents or election agents as are present—
(a) close and seal the aperture in the ballot box; and
(b) make up into separate packets sealed with his or her own seal and with the seals of
those candidates and election agents, if any, who desire to affix their seals—
(i) the unused and spoilt ballot papers and counterfoils of the unused ballot
papers placed together;
(ii) the counterfoils of the used ballot papers, including the counterfoils of the
spoilt ballot papers;
(iii) the list of votes marked by the presiding officer in terms of sections fifty-nine
and sixty.
62
Procedure after sealing of ballot boxes
(1) The presiding officer shall, as soon as the last packet is sealed in terms of paragraph
(b) of section sixty-one, open and unseal the ballot boxes and count the votes.
(2) At the counting of the votes the following persons and no others may be present—
(a) the presiding officer and such polling officers as he or she may consider necessary
and not more than the prescribed number of monitors and observers; and
(b) the candidates and one chief election agent or election agent for each candidate:
Provided that a candidate or his or her chief election agent or election agent may not be
present at the counting of the votes at an election for which that candidate was not nominated.
(2a) For the avoidance of doubt it is declared that the proviso to subsection (2) does not
prevent a candidate or his or her chief election agent or election agent from being present at
the counting of the votes for a Presidential election or general election of members of
Parliament or councillors which takes place concurrently with the election for which he or she
was nominated, so long as the counting of the votes for the elections in question are held
concurrently at the polling station concerned.
(3) At the time for the counting of the votes referred to in subsection (1) and in the
presence of such persons referred to in paragraph (a) of subsection (2) and candidates and
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