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  4. Power of attorney can be used for voter registration, guidance confirms

Power of attorney can be used for voter registration, guidance confirms

5th March 2019 | human rights

A power of attorney can be used to achieve voter registration for someone without the physical or mental capacity to complete the form themselves, the Electoral Commission confirmed.

The move has been welcomed by the Equality & Human Rights Commission (EHRC), which was concerned at the lack of clarity inprevious official guidance.

Updated guidance for electoral registration officers in Scotland confirms the assistance that can be provided to make sure disabled people, or people with temporary incapacity, can register to vote.

The EHRC had pointed out that someone may have a physical condition that prevents them from completing the voter registration form, or may not have capacity to complete the form. However, in both examples, they are eligible to vote and so the voting and voter registration system should not prevent them from exercising their right to vote at an election or referendum.

As a result, the guidance now confirms that someone who has an appropriate power of attorney may complete the voter registration application and make the required declaration of truth on behalf of someone who does not have the capacity to do so themselves.

However the attorney cannot use the power to vote on behalf of the granter.

Lynn Welsh, head of legal at EHRC Scotland, welcomed the new guidance, saying: "Granting a power of attorney lets people plan what decisions or actions they want their attorney to make for them if, in the future, they become incapable of making decisions about their own affairs.

"This guidance makes it clear that your attorney can register you to vote if you become incapable of doing this yourself. It means people who have been appointed as an attorney can be confident that they have the power to complete the voter registration form and declaration of truth.

"It is a positive move by the Electoral Commission which removes any unnecessary barriers that may prevent disabled people, or people with temporary incapacity, from exercising their right to vote."

Click here to view the guidance. 

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