ADVOCACY GROUPS HAVE criticised a circular issued for polling station staff ahead of tomorrow’s referendum ballots which legally allows them to “refuse” to mark a disabled voter’s ballot paper.

The circular, published by the Department of Housing and Local Government last week, says that in certain circumstances, some disabled people may be refused assistance if trying to cast a ballot in the final two hours of the voting. This applies if the presiding officer believes that helping the voter would “interfere” with their duties or “unduly obstruct” other voters.

The document, which was first issued in 1992 as part of the Electoral Act, specifies voters with “a physical disability, visual impairment or literacy difficulty” as among those impacted.

It has led the Independent Living Movement of Ireland and Access for All Ireland campaign group expressing unhappiness about the circular issued to presiding officers for tomorrow’s ballots

The issue of the State’s position of assisting disabled people has emerged as a prominent issue in the debate around the second referendum being voted on tomorrow.

While there are no known incidents of a disabled voter finding themselves unable to cast a vote due to a decision by a presiding officer, advocacy groups believe the voting circular is “outdated” and “dangerous” legislation.

Des Kenny, chair of ILMI, said the organisation learned of the circular last week and has contacted presiding officers about it.

“We received a response from one of them saying there’s nothing they could do about it, but the fact that it’s emphasised in the handbook is crazy and it shouldn’t be there for the next election,” Kenny told The Journal.

It looks to be an insert in a handbook rather than having been used to stop a person from voting, but it’s an outdated and very dangerous piece of legislation.

Kenny added that it may contravene the UN’s Convention on the Rights of Persons with Disabilities in 2017 if ever used by polling staff. Ireland signed up to the convention in 2017.

“We hope that all returning officers would share the view that disabled people have a right to vote and that their rights as electors should be recognised and respected as such,” Kenny said.

Access for All Ireland said that a disabled person needed to be allowed the same time period to vote as any voter.

Department response

The department defended the circular when contacted, telling The Journal that it has been a “longstanding feature” of electoral law.

It added that the manual “emphasises” that the decision to refuse marking the card of a disabled voter “should only be made where absolutely necessary”.

“Presiding officers are encouraged to accommodate requests to mark voters’ ballot papers where assistance is required insofar as possible,” the department said.

It added that visually impaired voters can avail of ‘companion voting’ of up to the close of poll. This is where a voter is accompanied by a companion who marks their ballot paper, as directed by the voter.