recording of personal details, fearing retribution from opponents. It is therefore important that the voter education programmes clarify the purpose of this list and allay fears that voters may harbour in respect of having their names and particulars recorded by the polling officer. • Another point to note is that where the voter is visually impaired Section 59 (5) provides that the presiding officer shall have the power to observe the casting of the vote to ensure that the voter’s intention is respected by the person who is assisting the voter. This means the presiding officer would in these circumstances become aware of the voter’s choice. This might pose a risk where voters may feel that they are unable to exercise their free will for fear of potential retribution. Again voter education programmes must address this aspect to ally the fears of visually handicapped and illiterate voters. • Further, Section 59(4) states that where the presiding officer is assisting a person, he may put such questions to the voter as are necessary to ascertain his intentions where such wishes are not clear in the first place. Such questioning may also be viewed with circumspection by voters and it is important that presiding officers’ only resort to this power when it is absolutely necessarily otherwise it should be used very sparingly. In all circumstances, it is important that election observers exercise vigilance to ensure that voters’ are not unnecessarily questioned or harassed and that their intentions are carried out. • Overall, this provision is a generous and welcome departure from the old provision whereby police officers were given the power to provide assistance to illiterate or physically-handicapped voters. This had the potential to interfere with the electoral bodies by persons outside the electoral institutions and also risked intimidating the voters particularly given the tense relations between the police and the general public, especially opposition supporters. By ensuring that voters bring a person of their choice or are assisted only by the presiding office or electoral officers, this keeps the process with the exclusive jurisdiction of the Commission. XIII POSTAL AND Clause 26 deals with amendments to provisions relating to two forms of voting outside the normal voting on polling days, namely, Postal Voting and Special Voting. Most of the provisions relating 31

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