36Assistance to certain voters

#### 36 Assistance to certain voters (1) If any voter satisfies the presiding officer at a polling booth that his or her sight is so impaired or that the voter is so illiterate or physically incapacitated as to be unable to vote without assistance, the presiding officer shall permit a person appointed by the voter to enter an unoccupied voting compartment of the booth with the voter, and mark and deposit the voter’s ballot paper. (1A) A presiding officer who is visiting a patient under section 48 for the purpose of taking the patient’s vote must explain to the patient the effect of subsection (1) of this section. (2) If a voter referred to in subsection (1) fails to appoint a person pursuant to subsection (1), the presiding officer or a polling official, in the presence of such scrutineers appointed under section 27 as are present, or, if there are no scrutineers appointed under that section present, in the presence of: (a) another person who is either the presiding officer or a polling official; or (b) if the voter so desires, a person appointed by the voter; shall mark and deposit the voter’s ballot paper. (3) Without limiting the generality of subsection (2), a voter to whom that subsection applies may indicate to the presiding officer or polling official the manner in which the voter wishes the officer or official to mark the ballot paper for the voter by presenting to the officer or official a statement in writing (which may be, or include, a how‑to‑vote card) that specifies the manner in which the ballot paper is to be marked. (4) Where subsection (1) applies in relation to a provisional or absent voter, the presiding officer or a polling official shall: (a) fill in the declaration referred to in subsection 37(2) or 46(1) or (1A) with the required particulars as given by the voter; (b) read the declaration to the voter; (c) complete and attest the declaration; and (d) cause the declaration to be witnessed by a scrutineer or, if no scrutineer is present, by another person who is either the presiding officer or a polling official.