Note of Qualifications to be Registered as an Elector

As set out in sections 90, 91 and 61(3) of Schedule 2 to the Cayman Islands (Constitution) Order 2009

Qualifications of Electors:

90. (1) Subject to section 91, a person shall be entitled to be registered as an elector in one electoral district only, but he or she shall not be entitled to be registered as an elector for elections to the Legislative Assembly unless:

  • (a) he or she was, on the day immediately preceding the date of commencement of this Constitution, entitled to be registered as an elector; or
  • (b) he or she:
    • (i) is a Caymanian; and
    • (ii) has attained the age of eighteen years; and
    • (iii) is resident in the Cayman Islands at the date of registration; and
    • (iv) has been resident in the Cayman Islands for a period or periods amounting to not less than two years out of the four years immediately preceding the date of registration; or
  • (c) on the day of the issue of a writ ordering an election, he or she is otherwise qualified under paragraph (b) but has not attained the age of eighteen, but he or she will attain that age on or before the polling day at the election.

90. (2) Any period of absence for any of the purposes specified in section 61(3) shall be disregarded in determining whether a person is or has been resident in the Cayman Islands for the purposes of this section.

Section 61(3):

In ascertaining whether a person has been absent from the Cayman Islands, any period of absence by reason of the following shall be disregarded:

  • (a) the performance of duty on behalf of the Government;
  • (b) attendance as a student at any educational establishment;
  • (c) attendance as a patient at any hospital, clinic or other medical institution;
  • (d) employment as a seaman aboard an ocean-going vessel; or
  • (e) employment as a crew member on board any aircraft.

Disqualifications of Electors:

91. (1) A person shall not be entitled to be registered as an elector in any electoral district who:

  • (a) subject to subsection (2), is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him or her by a court in any country or substituted by competent authority for some other sentence imposed on him or her by such a court, or is under such a sentence of imprisonment the execution of which has been suspended;
  • (b) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in the Cayman Islands; or
  • (c) disqualified for registration as an elector by any law in force in the Cayman Islands relating to offences connected with elections.

91. (2) For the purposes of subsection (1)(a):

  • (a) where a person is serving two or more sentences of imprisonment that are required to be served consecutively he or she shall, throughout the whole time during which he or she so serves be regarded as serving a sentence exceeding twelve months if (but not unless) any one of those sentences exceeds that term;
  • (b) no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine; and
  • (c) no account shall be taken of a sentence of imprisonment imposed by a court outside the Cayman Islands other than a sentence on conviction of an offence constituted by conduct which, if it occurred within the Cayman Islands, would constitute an offence punishable under the law of the Cayman Islands by imprisonment of twelve months or any greater punishment.