5 House Of Assembly Elections

• Author: Ralph Hone
• Pages: #1

[CH.5. 153CHAPTER 5.

HOUSE OF ASSEMBLY ELECTIONS.

ARRANGEMENT OF SECTIONS.

PART I.

PRELIMINARY.

SECTION 1. SHORT TITLE.

2. INTERPRETATION.

PART II.

THE HOUSE OF ASSEMBLY.

3. DURATION OF HOUSE OF ASSEMBLY.

4. DEMISE OF THE CROWN NOT TO CAUSE DISSOLUTION.

5. NUMBER OF MEMBERS.

6. BOUNDARIES OF CONSTITUENCIES.

7. QUALIFICATION AND DISQUALIFICATION FOR MEMBERSHIP OF THE HOUSE OF ASSEMBLY.

8. COURT TO NOTIFY SPEAKER WHEN A MEMBER'S SEAT IS VACATED.

PART III.

REGISTRATION OF VOTERS.

Qualifications of Voters.

9. QUALIFICATIONS FOR REGISTRATION.

10. PERSONS ENTITLED TO VOTE.

11. LEGAL INCAPACITIES OF VOTERS.

12. POLLING DIVISION.

13. PARLIAMENTARY REGISTRAR AND PARLIAMENTARY REGISTRATION DEPARTMENT.

14. NEW REGISTER.

15. QUINQUENNIAL REGISTER.

16. ATTENDANCE OF REVISING OFFICER TO RECEIVE APPLICATIONS.

17. DIRECTIONS AS TO REGISTERING.

18. INITIAL APPLICATION FOR REGISTRATION.

19. PROCEDURE ON SUBSEQUENT APPLICATIONS FOR REGISTRATION OR TRANSFER OF REGISTRATION.

20. RIGHT OF OBJECTION.

21. REVISION OF REGISTER.

22. HEARING OF OBJECTIONS.

23. APPEALS FROM THE REVISING OFFICER.

24. CLOSING OF THE REGISTER FOR ELECTIONS, AND SUSPENSION OF REGISTRATION DURING ELECTIONS.

25. PUBLICATION AND INSPECTION OF REGISTER.

26. CORRECTED REGISTER FOLLOWING AN ORDER UNDER SECTION 63(7) OF THE CONSTITUTION OR SECTION 12(4).

27. REPLACEMENT OF VOTERS' CARDS.

PART IV.

ELECTIONS.

Writs of Elections.

SECTION.

28. GENERAL ELECTIONS.

29. BYE- ELECTIONS.

30. FORM OF WRITS OF ELECTION.

31. PUBLIC NOTICE OF ELECTIONS.

Nominations.

32. NOMINATION OF CANDIDATES.

33. DEPOSIT.

34. DELIVERY AND VALIDITY OF NOMINATION PAPERS.

35. PUBLICATION OF NOTICE OF NOMINATIONS.

36. ADJOURNMENT OF NOMINATION PROCEEDINGS.

37. WITHiDRAWAL OF CANDIDATES.

38. OFFENCES RELATING TO WITHDRAWALS.

39. DEATH OF A CANDIDATE.

Method of Election.

40. METHOD OF ELECTION AND NOTICE OF POLL.

Contested Elections.

41. VOTING BY BALLOT.

42. ELECTION AGENTS.

43. PROHIBITION OF OUT ISLAND COMMISSIONERS ACTING AS AGENTS, ETC.

44. APPOINTMENT OF PRESIDING OFFICERS, ETC.

45. PROVISION OF POLLING PLACES.

46. ADJOURNMENT OF POLL.

47. BALLOT PAPERS AND BOXES.

48. EQUIPMENT OF POLLING PLACES.

The Poll.

49. DURATION OF THE POLL.

50. ADVANCED POLL.

51. ADMISSION TO POLLING PLACE.

52. SEALING OF BALLOT BOXES.

53. VOTER TO BE IDENTIFIED BEFORE VOTING.

54. PROTEST VOTES.

55. VOTING PROCEDURE.

56. SPOILT AND VOID BALLOT PAPERS.

57. DECLARATION AS TO QUALIFICATIONS BY REGISTERED VOTER.

58. CHALLENGE AND ARREST OF VOTER.

59. VOTING BY DISABLED PERSONS.

60. KEEPING OF ORDER IN POLLING PLACE.

Procedure on Close of Poll.

61. PROCEDURE ON CLOSE OF POLL.

62. ATTENDANCE AT RE-COUNT OF VOTES.

63. THE RE-COUNT.

64. SPECIAL ELECTION PROCEDURE.

65. TESTING OF PROTEST VOTES.

66. EFFECT OF SECTIONS 54, 64 AND 65 IN REGARD TO OFFENCES.

67. EQUALITY OF VOTES BETWEEN CANDIDATES.

[CH.5. 155Final Proceedings in contested and uncontested Elections.

SECTION.

68. DECLARATION OF RESULT.

69. RETURN TO THE WRIT OF ELECTION.

70. KEEPING OF RECORDS IN PARLIAMENTARY REGISTRAR'S OFFICE.

71. INSPECTION OF BALLOT PAPERS PROHIBITED EXCEPT AS ORDERED BY AN ELECTION COURT OR SUPREME COURT.

72. PROOF OF DOCUMENTS PRODUCED BY THE PARLIAMENTARY REGISTRAR.

PART V.

PROCEEDINGS IN THE HOUSE OF ASSEMBLY.

73. PRODUCTION OF WRITS IN THE HOUSE OF ASSEMBLY.

74. QUALIFICATION OATH.

PART VI.

ELECTION PETITIONS.

75. AVOIDANCE OF ELECTION ON ELECTION PETITION.

76. APPOINTMENT AND POWERS OF ELECTION COURT.

77. WHO MAY PRESENT PETITION.

78. RELIEF MAY BE CLAIMED.

79. LEAVE TO PRESENT ELECTION PETITION.

80. TIME FOR PRESENTATION OF ELECTION PETITION AND SECURITY FOR COSTS.

81. CONCLUSION OF TRIAL OF ELECTION PETITION.

82. REPORT OF ELECTION COURT AS TO CORRUPT OR ILLEGAL PRACTICE AND EFFECT.

83. PROHIBITION OF DISCLOSURE OF VOTE.

84. VOTES TO BE STRUCK OFF FOR CORRUPT PRACTICES.

85. EXONERATING CANDIDATES IN CERTAIN CASES OF CORRUPT OR ILLEGAL PRACTICES.

86. ADDITIONAL JURISDICTION OF ELECTION COURT.

87. APPLICATION FOR RELIEF.

88. PROCEDURE AND PRACTICE.

89. REMOVAL OF INCAPACITY BY SUPREME COURT.

PART VII.

VARIOUS OFFENCES.

90. OFFENCES IN CONNECTION WITH REGISTRATION.

91. OFFENCES IN CONNECTION WITH NOMINATION AND VOTING WITHOUT RIGHT.

92. FRAUDULENT AND COLLUSIVE CONVEYANCES.

93. BRIBERY AT ELECTIONS.

94. TREATING.

95. UNDUE INFLUENCE.

96. PROHIBITION ON SALE OF INTOXICATING LIQUOR DURING POLLING HOURS.

97. DISORDERLY CONDUCT AT AN ELECTION.

98. OFFENCES RELATING TO BALLOT PAPERS AND SECRECY OF BALLOT.

99. PROVISION OF TRANSPORT AT ELECTIONS.

100. RULES OF EVIDENCE IN CRIMINAL PROCEEDINGS UNDER THIS ACT.

101. MODE OF TRIAL AND PUNISHMENT FOR CORRUPT AND ILLEGAL PRACTICES.

PART VIII.

MISCELLANEOUS.

SECTION.

102.

103.

104.

105.

106.

107.

108.

109.

CUSTODY OF RECORDS OF HOUSE OF ASSEMBLY.

OATHS AND DECLARATIONS.

PUBLICATION OF NOTICES, ETC.

MODE OF SENDING NOTICES.

PROVISION AND USE OF FORMS.

MISNOMER.

EXPENSES.

AMENDME NT OF FORMS WHEN PROPERTY QUALIFICATION IS ABOLISHED.

SCHEDULES.

FIRST SCHEDULE-NUMBER OF MEMBERS FOR EACH CONSTITUENCY.

SECOND SCHEDULE-PART I. LIMITS OF CONSTITUENCIES.

PART II. POLLING DIVISIONS.

THIRD SCHEDULE-REGISTRATION FORMS.

FOURTH SCHEDULE-ELECTION FORMS.

CHAPTER 5.

HOUSE OF ASSEMBLY ELECTIONS.

AN ACT TO CONSOLIDATE AND AMEND THE LAW RELATING TO THE HOUSE OF ASSEMBLY AND THE ELECTIONS FOR THAT HOUSE AND FOR OTHER PURPOSES CONNECTED THEREWITH.

[3rd September 1959.] [Commencement 12th September 1959.] PART I.

PRELIMINARY.

1. This Act may be cited as The House of Assembly Elections Act.

2. In this Act, unless the context otherwise requires'British subject' means any person who is, by virtue of any Act of the Legislature of the Colony or of the Parliament of the United Kingdom, a British subject;

'candidate' means any person who stands nominated as a candidate for election for any constituency, and 'intending candidate' means any person seeking such nomination for election;

'constituency' means any of the constituencies in the Colony described in Part I of the Second Schedule to this Act;

'corrupt practice' means any offence against the provisions of section 93 or section 95 of this Act;

'current register' means the register in force for the time being in accordance with the provisions of section 14 or 15 of this Act;

'day' includes every day other than a Sunday or a public holiday;

'election agent' means an election agent appointed under the provisions of subsection (1) of section 42 of this Act;

39 of 1959.

1 of 1960.

9 of 1962.

10 of 1962.

11 of 1962.

63 of 1962.

64 of 1962.

65 of 1962.

28 of 1964.

46 of 1964.

14 of 1965.

Short title.

Interpretation.

'election petition' means a petition to an Election Court under Part VI of this Act;

'election' means the election in accordance with the provisions of this Act of a member or members to represent a constituency in the House of Assembly;

'General election' means the election of members to a new House of Assembly after any House of Assembly has been dissolved;

'illegal practice' means any offence against this Act which is not a corrupt practice or an offence by reason of section 96 of this Act;

'member' means a candidate who has been elected and returned to represent a constituency in the House of Assembly;

'nomination day' means, in relation to any constituency, the day appointed under section 31 of this Act for the delivery of nomination papers by intending candidates;

'Parliamentary Registrar' means the Parliamentary Registrar appointed under section 13 of this Act, and includes any person who is duly authorised in accordance with the provisions of that section to act on his behalf;

'polling day' means, in relation to any constituency, the day appointed under section 31 of this Act for the taking of the poll;

'polling division' means any of the polling divisions described in Part II of the Second Schedule to this Act;

'polling place' means, in relation to any polling division in any constituency, the place appointed under section 45 of this Act as the place where the poll shall be taken in that polling division;

'prescribed' means prescribed by Rules made under the provisions of this Act;

'presiding officer' means, in relation to the taking of a poll at any polling place, the person appointed under section 44 of this Act to be in charge of that place;

64 of 1962, s. 2. 'protest vote' means a vote which may be cast upon a coloured ballot paper under the provisions of section 54 of this Act;

'public officer' means a person who is for the time being a public officer within the meaning of the Constitution;

'register' or 'register of voters' means the register of persons entitled to vote at an election which is to be prepared and kept under the provisions of this Act, and includes any part of the register;

'registered voter' means any person whose name is included in the register as being entitled to vote at an election;

'regular vote' means a vote properly cast under the provisions of this Act upon a white ballot paper;

'returning officer' means, in relation to any constituency, any person exercising or performing any of the functions of the returning officer under this Act, being the Parliamentary Registrar or any person who is duly authorised in accordance with the provisions -of section 13 of this Act to act as a returning officer;

'revising officer' means any person exercising or performing any of the functions of the revising officer under this Act in relation to any constituency, being the Parliamentary Registrar or any person who is duly authorised in accordance with the provisions of section 13 of this Act to act as a revising officer;

'Speaker' means the person who holds the office of Speaker and includes any other person who, for the time being, is empowered under the Constitution to exercise the powers of Speaker;

'subscribe' means to sign, or in the case of a person who is unable to sign his name, to make his mark, and the words 'sign' and 'signature' shall be construed similarly;

'voter's card' means a card issued to a person registered as a...