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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