It is the right of every adult to participate and vote in elections irrespective of age and any health problems they might be experiencing.
Nonetheless, there are certain situations where a lack of mental capacity may preclude an individual to exercise this right. The circumstances under which this occurs are clearly outlined in Maltese legislation.
The Office of the Commissioner for Mental Health and Older Persons Office feels that citizens should be informed of their rights and responsibilities in order to ensure a fair process that allows the exercise of democracy to be expressed while safeguarding the most vulnerable in society.
“My mother is 92, suffers from severe dementia and does not have the mental capacity to vote but has been issued a voting document. What can I do now?”
This is one of the many questions of a similar nature which our Office has been replying to over the past weeks when the voting documents for the European Parliament elections were being distributed.
The discussion on the capacity or otherwise of persons to take part in the electoral process must be placed in the context of the electoral cycle and the legal framework which governs it.
Article 58 (a) of the Constitution of Malta provides that: “No person shall be qualified to be registered as a voter ... if he is interdicted or incapacitated for any mental infirmity by a court in Malta or is otherwise determined in Malta to be of unsound mind.”
This provision is strengthened by the General Elections Act, which outlines a practical and definitive solution to the dilemma: articles 13, 14, 24 and 27 lay down the procedure to be followed for the cancellation of a voter from the Electoral Register.
Most frail elderly and vulnerable persons are in a position to exercise their right to vote
In everyday language terms, concerned family members or carers of persons who are mentally infirm or are not capable of expressing their opinion during an electoral process can apply to the Electoral Commission for cancellation in good time to avoid any unnecessary problems and pressures once the voting document is issued.
The Electoral Register is published on a biannual basis on March 31 and September 30. Any changes to the names listed in the Electoral Register can occur at any time during the electoral cycle.
The procedure in the General Elections Act ensures that every request for the cancellation of a voter due to mental incapacity is examined on an individual basis and decided upon according to the medical facts that are pertinent to that particular case by a medical board appointed to review the case. The decision to strike a person off the Electoral Register has to be unanimously agreed by all members of the board.
Very little can be done to revoke a voting document on grounds of lack of mental capacity once this has been issued. As much as it is fair for persons to have all the necessary assistance to be able to express their right to vote, it is equally important to protect the dignity of those vulnerable persons who may not be able to express their wishes due to mental incapacity at the moment of voting. Relatives or carers are therefore encouraged to act in the appropriate manner if they wish to avoid this unpleasant situation.
There are no charges related to this process. The cancellation of the registration of any voter is a separate process that can be taken given the criteria are met, without affecting in any other way all the other civil rights and privileges that the vulnerable person is entitled to.
The Office of the Commissioner for Mental Health and Older Persons believes that most frail elderly and vulnerable persons are in a position to exercise their right to vote.
All measures to facilitate voting, such as polling stations set up in hospitals and residential homes, should continue to be taken.
It is acknowledged, however, that in certain circumstances, timely action is necessary to protect vulnerable persons from the effects of election fever.
http://commissionermhop.gov.mt
John Cachia is Commissioner for Mental Health and Older Persons.