The Constitution (Amendment) Bill, 2014 · the Constitution to prevent the President from appointing a ... the Bill would make consequential amendments to the Representation of the

Fifth Session Tenth Parliament Republic ofTrinidad and Tobago

HOUSE OF REPRESENTATIVES

BILLAN ACT to amend the Constitution of the Republic of

Trinidad and Tobago

PRINTED BY THE GOVERNMENT PRINTER, CARONI

REPUBLIC OF TRINIDAD AND TOBAGO–2014

Legal Supplement Part C to the “Trinidad and Tobago Gazette’’, Vol. 53,No. 105, 8th August, 2014

No. 18 of 2014

THE CONSTITUTION (AMENDMENT) BILL, 2014

Explanatory Note

(These notes form no part of the Bill but are intended only to indicate its general purport)

This Bill seeks to amend the Constitution to limit the period forwhich a person could serve as Prime Minister, to provide for therecall of members of the House of Representatives, and to permitonly candidates who have earned more than fifty per cent of thevotes cast in their respective constituencies to be elected asmembers of the House of Representatives.

By clause 2, the proposed Act would come into operation onsuch date as is fixed by the President by Proclamation. Byclause 3, the proposed Act would be construed as altering theConstitution.

With respect to term limits for the office of Prime Minister, theBill would, by clause 8, amend the Constitution to limit service asPrime Minister to no more than ten years and six months, whethersuch service is continuous or has been interrupted. A Prime Minister would therefore be required to vacate his officeupon attaining that length of service. No account would, however,be taken of any time spent serving as acting Prime Minister for thepurposes of calculating length of service. Further, no one would beappointed as Prime Minister who has served ten years or more inthat office, whether or not such service is continuous or has beeninterrupted.

In relation to the recall of members of the House ofRepresentatives, the Bill would, by clause 5, amend section 49(2) ofthe Constitution to require a member of the House ofRepresentatives to vacate his seat where the Speaker informs theHouse that he has received from the Chairman of the Elections andBoundaries Commission, a petition requesting that the member berecalled and that a bye-election be held in the constituency that themember represents. The petition would need to be supported by atleast two-thirds of all the persons who, on the date of issuance ofthe petition, were registered voters in that constituency.

By clause 6, a new section 49B of the Constitution would beinserted to provide for the procedure relating to the application for,and the issuance of, a recall petition, as well as the casting of

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ballots in support of the petition and the announcement of thevacancy of the seat of the member of the House of Representativeswho is the subject of the recall petition.

Two registered voters in a constituency, who also reside in theconstituency, would be required to apply to the Elections andBoundaries Commission for the issuance of a petition for the recallof the member of the House of Representatives who was elected torepresent that constituency and for the holding of a bye-election inthat constituency. An application for a recall petition would berequired to be in a form which would be included in a new FourthSchedule to the Constitution. A person would not be able to applyfor a recall petition before the expiration of three years, or after theexpiration of four years, from the first poll of the last generalelection. The Elections and Boundaries Commission would not,however, approve the application unless it is supported by at leastten per cent of all the persons who are registered to vote in theconstituency.

A person who is registered to vote, and who resides, in theparticular constituency would be able to canvass for signatures insupport of an application for a recall petition after the expiration ofthree years from the first poll of the last general election. The textof the petition would need to be on each page containing thesignatures of persons who are in support of the application. Aperson who canvasses for signatures would be required to make astatutory declaration that he is registered to vote, and resides, inthe constituency specified in the petition, that the signatures werevoluntarily given and were not obtained by means of harassment,intimidation or threat, and that to the best of his knowledge, thesignatures were given by persons whose names appear on the listof registered voters in the constituency.

Where the Elections and Boundaries Commission is satisfiedthat the application has received the support of at least ten per centof all the persons who are registered to vote in the constituencyspecified in the application, the Chairman of the Elections andBoundaries Commission would so certify on the application and theElections and Boundaries Commission would approve theapplication in principle. The applicants, the member concerned andthe Speaker would then be notified of the approval of theapplication and the Elections and Boundaries Commission wouldissue the petition within three days of giving such notice.

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The Elections and Boundaries Commission would cause thepetition to be published in the Gazette, newspapers and on itswebsite and would make it available for inspection and for thecasting of ballots in support of it for a period of twenty-one days.Registered voters would be able to cast their ballots at advertisedlocations between 8.00 a.m. and 4.00 p.m., including on Saturdaysand Sundays, but not on public holidays. In as much as theElections and Boundaries Commission may not have the resourcesto ensure that each registered voter who casts a ballot still residesin the constituency, a person would be required to make astatutory declaration that he is registered to vote, and resides inthe constituency, before he casts his ballot.

Where the Elections and Boundaries Commission is satisfiedthat the petition has received the support of at least two-thirds ofall the registered voters in the constituency, the petition would becertified by the Chairman of the Elections and BoundariesCommission and forwarded to the Speaker who would inform theHouse of Representatives and announce that the seat of themember concerned has fallen vacant.

A new section 49C of the Constitution would provided for thesupervision of the casting of ballots, the daily recording of thenumber of ballots cast and the announcement of the results of thecasting of the ballots on the last day only. The form of the ballotwould be included in the new Fourth Schedule.

The Bill would amend section 73 of the Constitution bypreventing a candidate in a general election from being elected asthe member of the House of Representatives for a constituency,unless he obtains more than fifty per cent of the votes cast in theconstituency. Where none of the candidates in a constituency in ageneral election obtains more than fifty per cent of the votes cast inthe constituency, a supplementary poll between those candidateswho earned the highest and second highest number of votes wouldbe held within fifteen days of the declaration of the results of thegeneral election and the list of electors for the purposes of thesupplementary poll would be the same list which was used for thepurposes of the general election.

This Bill would amend section 67 of the Constitution to providethat where a supplementary poll is to held after a general election,no session of Parliament shall commence before the results of thesupplementary poll have been declared, except that where anemergency arises of such a nature that in the opinion of the Prime Minister it is necessary for the two Houses of Parliament to

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be summoned before all the supplementary polls can be held, thePresident, acting in accordance with the advice of the Prime Minister, would be able to summon the two Houses of thepreceding Parliament. The supplementary polls would, however,proceed and the Parliament that has been summoned would, if notsooner dissolved, again stand dissolved on the day on which the lastsupplementary poll is held. The Bill would also amend section 76 ofthe Constitution to prevent the President from appointing a Prime Minister before the results of all supplementary polls havebeen declared.

Finally, the Bill would make consequential amendments to theRepresentation of the People Act, the Registration Rules and theElection Rules, so as to facilitate the implementation of theproposed Act.

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THE CONSTITUTION (AMENDMENT) BILL, 2014

Arrangement of Clauses

Clause

1. Short title2. Commencement3. Alteration of the Constitution4. Section 3 amended5. Section 49 amended6. Section 49B inserted7. Section 67 amended8. Section 73 amended9. Section 76 amended

10. Consequential Amendments

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BILLAN ACT to amend the Constitution of the Republic of

Trinidad and Tobago

[ , 2014]

ENACTED by the Parliament of Trinidad and Tobago asfollows:

1. This Act may be cited as the Constitution(Amendment) Act, 2014.

2. This Act comes into operation on such date as isfixed by the President by Proclamation.

3. This Act shall be construed as altering theConstitution.

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Enactment

Alteration of theConstitution

Short title

Commencement

4. Section 3(1) of the Constitution is amended byinserting in appropriate alphabetical sequence, thefollowing definitions:

“ “first poll” means the first poll referred to insection 73(4);

“supplementary poll” means the supplementarypoll referred to in section 73(4);”.

5. Section 49(2) of the Constitution is amended–

(a) by deleting the full stop and substituting thewords “; or”; and

(b) by inserting after paragraph (e), thefollowing paragraph:

“(f) subject to section 49B, the Speakerinforms the House ofRepresentatives that he hasreceived from the Chairman of theElections and BoundariesCommission, a petition undersection 49B which–

(i) requests that themember be recalled andthat a bye-election be heldin the constituency thatthe member represents;and

(ii) is certified by theChairman of the Electionsand BoundariesCommission as havingreceived the support of atleast two-thirds of all thepersons who, on the dateof issuance of the petition,were registered voters inthe constituency that themember represents.”.

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Section 3amended

Section 49amended

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6. The Constitution is amended by inserting aftersection 49A, the following new section:

49B.(1) Two persons who are registeredto vote, and who reside, in a constituencymay, in the form set out as Form No. 1 inthe Fourth Schedule, apply to theElections and Boundaries Commission forthe issuance of a petition for the recall ofthe member who represents thatconstituency.

(2) An application under subsection (1)(hereinafter in this section referred to as“the application”) shall not be made–

(a) before the expiration of threeyears; or

(b) after the expiration of four years,

from the first poll of the last generalelection.

(3) The Elections and BoundariesCommission shall not approve theapplication unless it is supported by atleast ten per cent of all the persons who areregistered to vote in the constituencyspecified in the application.

(4) A person who is registered tovote, and who resides in the constituencyspecified in the application may, at anytime after the expiration of three yearsfrom the first poll of the last generalelection, canvass for signatures in supportof the application.

(5) The text of the petition appliedfor shall be printed on each pagecontaining the signatures of persons whoare in support of the application.

“Recallpetition andannouncementof vacation ofseat wheremember isrecalledFourthSchedule

Section 49B

inserted

(6) A person shall not submit to theElections and Boundaries Commission, thesignatures of persons who are in support ofthe application, unless he first makes astatutory declaration in the form set out asForm No. 2 in the Fourth Scheduledeclaring that he is registered to vote, andresides in the constituency specified in thepetition, that the signatures werevoluntarily given and were not obtained bymeans of harassment, intimidation orthreat, and that to the best of hisknowledge, the signatures were given bypersons whose names appear on the list ofregistered voters in the constituency.

(7) Where the Elections andBoundaries Commission is satisfied thatthe application has received the support ofat least ten per cent of all the persons whoare registered to vote in the constituencyspecified in the application, the Chairmanof the Elections and BoundariesCommission shall so certify in theappropriate place on the application andthe Elections and Boundaries Commissionshall approve the application in principle.

(8) Where the Elections andBoundaries Commission approves theapplication in principle, it shall–

(a) notify the applicants, the memberspecified in the application andthe Speaker of the approval; and

(b) issue the petition in the form setout as Form No. 3 in the FourthSchedule within three days afternotice is given under paragraph (a).

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(9) The Elections and BoundariesCommission shall cause a petition issuedunder subsection (8)(b) (hereinafter in thissection referred to as “the petition”) to be–

(a) published in the Gazette, at leasttwo newspapers in dailycirculation in Trinidad andTobago and on its website withinseven days of issuing the petition;and

(b) available for inspection and thecasting of ballots in supportthereof–

(i) between the hours of 8.00 a.m. and 4.00 p.m.for a period of twenty-onedays from the date of its first publication in a newspaper, includinginspection and the casting of ballots onSaturdays and Sundays,but not on public holidays; and

(ii) at such locations as theElections and BoundariesCommission shall advertise in at least twonewspapers in daily circulation in Trinidadand Tobago and on itswebsite.

(10) The Elections and BoundariesCommission shall ensure that ballots insupport of the petition are cast only–

(a) during the twenty-one day periodand at the locations referred to insubsection (9)(b);

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(b) by persons who, on the date ofthe issuance of the petition, wereregistered voters in theconstituency specified in thepetition; and

(c) once by a registered voter referredto in paragraph (b).

(11) A person shall not cast a ballotin support of the petition unless he residesin the constituency specified in the petitionand first makes a statutory declaration inthe form set out as Form No. 4 in theFourth Schedule declaring that he isregistered to vote, and resides in thatconstituency.

(12) Where the Elections andBoundaries Commission is satisfied thatthe petition has received the support of atleast two-thirds of all the persons who areregistered to vote in the constituencyspecified in the petition and that therequirements of subsections (10) and (11)have been met, the Chairman of theElections and Boundaries Commissionshall so certify in the appropriate place onthe petition and shall immediately forwardthe petition to the Speaker.

(13) At the next sitting of the Houseof Representatives after he receives thepetition, which sitting shall be convened assoon as practicable and, in any event,before the expiration of four years from thefirst sitting of Parliament after the lastgeneral election, the Speaker shall informthe House of Representatives of his receiptof the petition and announce that the seatof the member specified in the petition isvacant.”.

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49C. (1) For the purposes of the castingof ballots in support of a petition undersection 49B, there shall be a PresidingOfficer, a Deputy Presiding Officer andsuch number of Poll Clerks as may benecessary for each location.

(2) Immediately after the lastregistered voter has cast his ballot insupport of a petition under section 49B

after 4.00 p.m. on any day, the PresidingOfficer shall announce the close of thecasting of ballots for that day.

(3) The Presiding Officer shall, in adiary kept for the purposes of thissubsection, record the hour at which thecasting of ballots is closed on each day andthe number of persons who cast ballots atthat location as recorded on the numberedstub of the last ballot paper issued,excluding the total number of destroyedand spoiled ballots.

(4) The Presiding Officer shall signthe record in the diary referred to insubsection (3) and cause the DeputyPresiding Officer, the Poll Clerk, anypetitioner or his agent, and the memberspecified in the petition or his agent, toappend their signatures thereto.

(5) Immediately after the closing ofthe casting of ballots on the last day of thetwenty-one day period referred to insection 49B(9)(b), the Chief Election Officershall ascertain the result of the casting ofthe ballots and publicly declare andannounce the same.

(6) No result of the casting of ballotsunder section 49B shall be publicly

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Interpretationof certainwords andphrases

declared or announced, except inaccordance with subsection (5).

(7) For the purposes of section 49B,a ballot in support of a petition shall be inthe form set out as Form No. 4 in theFourth Schedule.”.

7. Section 67 of the Constitution is amended–

(a) in subsection (1), by deleting the word“Each” and substituting the words “Subjectto subsection (3), each”;

(b) by inserting after subsection (2), thefollowing subsection:

“ (3) Subject to subsection (4), whereone or more supplementary polls are,or are to be held in accordance withsection 73(4), no session of Parliamentshall commence before the results ofall the supplementary polls have beendeclared.

(4) Where, between the first polland one or more supplementary pollsreferred to section 73(4), an emergencyarises of such a nature that in theopinion of the Prime Minister it isnecessary for the two Houses ofParliament to be summoned before allthe supplementary polls can be held,the President, acting in accordancewith the advice of the Prime Minister,may summon the two Houses of thepreceding Parliament but thesupplementary polls shall proceed andthe Parliament that has been

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Fourth Schedule

Section 67amended

summoned shall, if not soonerdissolved, again stand dissolved on theday on which the last supplementarypoll is held.”.

8. Section 73 of the Constitution is amended byinserting after subsection (2), the following subsections:

“(3) A candidate shall not be elected inaccordance with subsection (1) as the memberof the House of Representatives for aconstituency, unless he obtains more than fiftyper cent of the votes cast in the constituency.

(4) Where a poll (hereinafter in this sectionreferred to as “the first poll”) is held and nocandidate is elected in accordance withsubsections (1) and (3) as the member of theHouse of Representatives for a constituency, asupplementary poll between those candidateswho earned the highest and second highestnumber of votes shall be held–

(a) on the fifteenth day followingthe date of the first poll; or

(b) if the fifteenth day underparagraph (a) falls on a Saturday,Sunday or public holiday, on thefirst following day that is not aSaturday, Sunday or publicholiday,

and the list of electors for the purposes of thesupplementary poll shall be the same list whichwas used for the purposes of the first poll.”.

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Section 73amended

9. Section 76 of the Constitution is amended–

(a) in subsection (1)–

(i) by inserting after the words “Wherethere is occasion”, the words “,whether following a general electionor otherwise,”; and

(ii) by inserting after the words “PrimeMinister” in the last place wherethey occur, the words “; save that noone shall be appointed who hasserved ten years or more as PrimeMinister, whether or not suchservice is continuous or has beeninterrupted”;

(b) by inserting after subsection (1), thefollowing subsections:

“ (1A) No person shall hold the officeof Prime Minister for more than tenyears and six months, whether or notsuch service is continuous or has beeninterrupted, and on attaining thatlength of service the Prime Ministershall vacate his office.

(1B) In calculating the length ofservice of a Prime Minister, no accountshall be taken of any time spentserving as acting Prime Ministerwithout having been appointed PrimeMinister.

(1C) Where, after the first poll of ageneral election, one or moresupplementary polls are, or are to be,

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Section 76amended

held in accordance with section 73(4),the President shall not appoint thePrime Minister before the results of allthe supplementary polls have beendeclared, but the current PrimeMinister and Ministers shall remainin office until they are requiredto vacate office in accordancewith section 77(2)(a) and (3)(a),respectively.”.

10. The Constitution is amended by inserting afterthe Third Schedule, the following Schedule:

“FOURTH SCHEDULE

[Sections 49B(1), (6), (8)(b) and(11) and 49C(7)]

FORM NO. 1

(FRONT)

APPLICATION FOR RECALL PETITION

[Pursuant to section 49B(1) of the Constitution ofthe Republic of Trinidad and Tobago]

To: The Elections and Boundaries Commission

We, A.B. of [Residential Address] (proposer of the requestedpetition) and C.D. of [Residential Address] (seconder of therequested petition), who are registered to vote, and who reside, inthe Constituency of ......................... , hereby apply for a petition forthe recall of the Honourable [Name of Member] MP, the Member ofParliament for that constituency, and for the holding of abye-election in that constituency.

Signed this day of , 20 ....

(a) Proposer of the Requested PetitionNational Identification No.:

(b) Seconder of the Requested PetitionNational Identification No.:

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Fourth Scheduleinserted

STATUTORY DECLARATIONS

I, [Name of Proposer of Requested Petition] do solemnly andsincerely declare that I am registered to vote, and that I reside, inthe Constituency of ...............................

I make this declaration conscientiously believing the same to betrue and according to the Statutory Declarations Act, Chap. 7:04and I am aware that if there is any statement in this declarationwhich is false in fact, which I know or believe to be false or do notbelieve to be true, I am liable to fine and imprisonment.

(Signed)........................................................

Declarant

Declared this day of , 20 ......

Before me,

(Signed) ............................................................................................Commissioner of Affidavit/Justice of the Peace

I, [Name of Seconder of Requested Petition] do solemnly and

sincerely declare that I am registered to vote, and that I reside, in

the Constituency of .....................................

I make this declaration conscientiously believing the same to be

true and according to the Statutory Declarations Act, Chap. 7:04

and I am aware that if there is any statement in this declaration

which is false in fact, which I know or believe to be false or do not

believe to be true, I am liable to fine and imprisonment.

(Signed)........................................................

Declarant

Declared this day of , 20....

Before me,

(Signed) ............................................................................................Commissioner of Affidavit / Justice of the Peace

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(BACK)

SIGNATURES OF SUPPORTERS OF APPLICATION

We, the undersigned persons who are registered to vote, and whoreside, in the Constituency of ............................, hereby support thisapplication for a petition for the recall of the Honourable [Name ofMember of Parliament to be recalled] MP from office pursuant tosection 49B of the Constitution and for the holding of a bye-electionin that constituency.

1.

2.

3.

CERTIFICATION BY THE CHAIRMAN, ELECTIONS ANDBOUNDARIES COMMISSION*

I, [Name of the Chairman, Elections and Boundaries Commission],Chairman of the Elections and Boundaries Commission, certifythat this application has been supported by at least ten per cent ofall the persons registered to vote in the Constituency of ...................,that is to say, by at least [number of petitioners] out of [number ofregistered voters in the constituency on the date of receipt of theapplication] registered voters.

Dated this day of , 20...

(Signed) .......................................................................................

Commissioner of Affidavit / Justice of the Peace

*May be omitted when form is used for collecting signatures.

FORM NO. 2

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Name ofRegisteredVoters [inBlock letters]

ResidentialAddress

Signature National ID No. Date

STATUTORY DECLARATION OF PERSON SUBMITTINGSIGNATURES IN SUPPORT OF AN APPLICATION FORA RECALL PETITION

[Pursuant to section 49B(6) of the Constitution ofthe Republic of Trinidad and Tobago]

I, [Name of Registered Voter] do solemnly and sincerely declare

that I am registered to vote, and that I reside, in the Constituency

of ................................... and that the signatures submitted by me in

support of the application dated ...................., 20.... for a petition for

the recall of the Honourable [Name of Member of Parliament to be

recalled] MP from office pursuant to section 49B of the Constitution

and for the holding of a bye-election in that constituency, were

voluntarily given and were not obtained by means of harassment,

intimidation or threat, and that to the best of my knowledge, the

signatures were given voluntarily by persons whose names appear

on the list of registered voters in the constituency.

I make this declaration conscientiously believing the same to be

true and according to the Statutory Declarations Act, Chap. 7:04

and I am aware that if there is any statement in this declaration

which is false in fact, which I know or believe to be false or do not

believe to be true, I am liable to fine and imprisonment.

(Signed)........................................................

Declarant

Declared this day of , 20 .

Before me,

(Signed) .......................................................................................

Commissioner of Affidavit/Justice of the Peace.

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FORM NO. 3

RECALL PETITION

[Pursuant to section 49B(8)(b) of the Constitution ofthe Republic of Trinidad and Tobago]

Issued by the Elections and Boundaries Commission on this dayof ............................... 20.....

(Signed) ..........................................................................................

Chairman, Elections and Boundaries Commission

We, the undersigned persons who are registered to vote, and whoreside, in the Constituency of .............................., hereby petition forthe recall of the Honourable [Name of Member of Parliament to berecalled] MP from office pursuant to section 49B of the Constitutionand for the holding of a bye-election in that constituency.

Signed this day of , 20.....

(a) Proposer of the Requested PetitionNational Identification No.:

(b) Seconder of the Requested PetitionNational Identification No.:

CERTIFICATION BY THE CHAIRMAN, ELECTIONS ANDBOUNDARIES COMMISSION

I, [Name of the Chairman, Elections and BoundariesCommission], Chairman of the Elections and BoundariesCommission, certify that this petition was supported only–

(a) by ballots cast at the locations specified by the Electionsand Boundaries Commission during the period oftwenty-one days from the date of the first publication ofthe petition in a newspaper;

(b) by persons who were, on the date of issuance of the petition, registered to vote in the constituency specifiedin the petition; and

(c) once by each registered voter named herein,

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and I further certify that this petition has been signed by at least

two-thirds of all the persons referred to in paragraph (b), that is to

say, by at least [number of petitioners] out of [number of registered

voters in the constituency on the date of issuance of the petition]

registered voters.

Dated this day of 20......

(Signed) ..........................................................................................

Chairman, Elections and Boundaries Commission

FORM NO. 4

BALLOT PAPER IN SUPPORT OF RECALL PETITION

(FRONT)

CONSTITUTION OF THE REPUBLIC OF TRINIDAD ANDTOBAGO


[Pursuant to section 49C(7) of the Constitution ofthe Republic of Trinidad and Tobago]

I have read*/have had read to me* the petition for the recall of the

Honourable [Name of Member of Parliament to be recalled] MP

from office pursuant to section 49B of the Constitution and for the

holding of a bye-election in the Constituency of

.................................. and I understand it.

I hereby support the petition for the recall of the Honourable

[Name of Member of Parliament to be recalled] MP from office

pursuant to section 49B of the Constitution and for the holding of a

bye-election in the Constituency of ..................................

*Delete if inapplicable

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Name ofRegisteredVoters [inBlock letters]

ResidentialAddress

Signatureorfingerprint

National ID No. Date

(BACK)

CONSTITUTION OF THE REPUBLIC OF

TRINIDAD AND TOBAGO


Electoral District of

Date:

Space for

Initials

of P.O. or

Chief Election Officer”.

11. The written laws set out in the First Column of the Scheduleare amended to the extent set out in the Second Column of theSchedule.

“SCHEDULE

[Section 11]

CONSEQUENTIAL AMENDMENTS

First Column Second Column

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Consequentialamendments

The Representation of the People Act, Chap. 2:01

The Representation of the People Act isamended–

(a) in section 2(1)–

(i) by inserting after the definitionof “finger”, the followingdefinitions:

‘ “first poll” means the firstpoll referred to insection 73(4) of theConstitution;

“general election” means ageneral election ofmembers to serve inthe House ofRepresentatives andincludes a bye-electionto elect a member toserve in that House;”;

SCHEDULE–CONTINUED


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(ii) by inserting after the definitionof “personal expenses”, thefollowing definition:

“ “poll”, in relation to anelection of amember ormembers to servein the House ofRepresentatives,means the firstpoll or anys u p p l e m e n t a r ypoll;”;

(iii) by inserting after the definitionof “qualifying date”, thefollowing definition:

“ “recall petition” meansa petition referredto in section 49B ofthe Constitution;

(iv) by inserting after the definitionof “Special Polling Agent”, thefollowing definition:

“ “supplementary poll”means as u p p l e m e n t a r ypoll referred to insection 73(4) of theConstitution;”;

(b) in section 33–(i) in subsection (2), by deleting the

word “poll” and substituting thewords “first poll and the date forthe taking of any supplementarypoll”;

(ii) in subsection (3), by deletingparagraph (b) and substitutingthe following paragraph:

“(b) the day upon which, ifnecessary–

(i) in the case of ageneral election–

(A) the first pollshall be taken,being not lessthan twenty-one days afternomination day;and



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(B) a supplementarypoll shall betaken, whichdate shall be onthe fifteenthday followingthe date of thefirst poll or, ifthat day falls ona Saturday,Sunday orpublic holiday,on the firstfollowing daythat is not aS a t u r d a y ,Sunday orpublic holiday;

(ii) in the case of anelection other than ageneral election, thepoll shall be taken,being not less thantwenty-one days afternomination day;”;

(b) in section 34(1), by inserting after thewords “the writ for the holding of thepoll”, the words “, other than asupplementary poll,”;

(c) in section 37, by inserting after thewords “no person”, the words “at apoll”;

(d) in section 96, by inserting aftersubsection (6), the following subsections:

“ (6A) A person is guilty of briberywho, directly or indirectly, byhimself or by any other person onhis behalf–

(a) gives any money or procuresany office to or for any electoror to or for any other personon behalf of any elector or to orfor any other person in orderto induce any elector tosupport, or refrain fromsupporting, an application fora recall petition or a recallpetition;



(b) corruptly does any act as inparagraph (a) on account ofany elector having supportedor refrained from supporting,an application for a recallpetition or a recall petition; or

(c) makes any gift or procure-ment as in paragraph (a) to, orfor any person in order toinduce that person to procure,or endeavour to procure, thesupporting, or abstentionfrom the supporting of anapplication for a recallpetition or a recall petition,

or if upon or in consequence of anysuch gift or procurement he procuresor engages, promises or endeavoursto procure the supporting, orabstention from supporting, of anapplication for a recall petition or arecall petition.

(6B) An elector is guilty of briberywho, directly or indirectly by himselfor by any other person on his behalf,receives, agrees to receive, orcontracts for any money, gift, loan orvaluable consideration, office, placeor employment for himself or for anyother person for supporting oragreeing to support an applicationfor a recall petition or a recallpetition, or for refraining oragreeing to refrain from supportingan application for a recall petition ora recall petition.

(6C) A person is guilty of briberywho, directly or indirectly by himselfor by any other person on his behalf,receives any money or valuableconsideration on account of anyperson having supported orrefrained from supporting anapplication for a recall petition or a

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recall petition, or having inducedany other person to support orrefrain from supporting a recall petition.

(6D) A person is guilty of briberywho–

(a) advances or pays or causes tobe advanced or paid anymoney to or to the use of anyother person with the intentthat the money or any partthereof will be expended inbribery under subsection (6A),(6B) or (6C); or

(b) knowingly pays or causes to bepaid any money to any personin discharge or repayment ofany money wholly or in partexpended in bribery undersubsection (6A), (6B) or (6C).

(6E) Subsections (1), (6A) and (6D)do not extend and shall not beconstrued to extend to any moneypaid or agreed to be paid for, or onaccount of any legal expenseincurred in good faith concerning arecall petition.”;

(e) in section 97–

(i) by inserting after subsection (2),the following subsection:

“(2A) A person is guilty oftreating who corruptly, byhimself or by any other personon his behalf, directly orindirectly gives or provides orpays wholly or in part theexpense of giving orproviding any food, drink,entertainment or provision to,or for any person–

(a) for the purpose ofcorruptly influencingthat person or anyother person tosupport or refrain

21



from supporting anapplication for a recallpetition or a recallpetition; or

(b) on account of thatperson or any otherperson havingsupported or refrainedfrom supporting, orbeing about tosupport or refrainfrom supporting, anapplication for recallpetition or a recallpetition.

(ii) in subsection (3), by insertingafter the word “provision”, thewords “as is referred to insubsection (2) or (3)”;

(f) in section 98, by inserting aftersubsection (2), the following subsection:

“ (3) A person is guilty of undueinfluence who–

(a) directly or indirectly, byhimself or by any other personon his behalf, makes use of, orthreatens to make use of anyforce, violence or restraint,inflicts or threatens to inflict,by himself or by any otherperson, any temporal orspiritual injury, damage,harm or loss upon or againstany person in order to induceor compel that person tosupport or refrain fromsupporting an application fora recall petition or a recallpetition, or on account of thatperson having supported orrefrained from supporting anapplication for a recallpetition or a recall petition;

(b) by abduction, duress or anyfraudulent device orcontrivance, impedes orprevents the free exercise of

22



The Registration Rules,Chap. 2:01

the franchise of an electorwith respect to the supportingof an application for a recallpetition or a recall petition orthereby compels, induces orprevails upon an elector eitherto support or refrain fromsupporting an application fora recall petition or a recallpetition; or

(c) by duress, induces a public offi-cer to use his office to prevailupon an elector to support orrefrain from supporting anapplication for a recall petitionor a recall petition.”;

(g) in section 99–(i) in subsection (3), by deleting the

words “this section” and substitutingthe words “subsection (2)”;

(ii) by inserting after subsection (3), thefollowing subsection:

“ (3A) A person is guilty ofpersonation if he casts a ballot insupport of a recall petition–

(a) as some other personwhether that other personis living or dead or is afictitious person; or

(b) for a person whom heknows or has reasonablegrounds for supposing tobe dead or to be a fictitiousperson.”.

Rule 62 of the Registration Rules is amended–(a) in subrule (8), by deleting the

word “A” and substituting thewords “Subject to subrule (9), a”;

(b) by inserting after subrule (8), thefollowing subrule:

“(9) Subrule (8) and rules 63 to64Ado not apply in the case of asupplementary poll.”;

The Election Rules is amended–

(a) in rule 4(2)(e), by deleting theword “several”;

23


First Column Second ColumnThe Election Rules, Chap. 2:01

(b) in rule 13, by inserting after subrule (3),the following subrule:

“ (3A) Subrules (2) and (3) do notapply in the case of a supplementarypoll.”;

(c) in rule 14, by inserting after subrule (6),the following subrules:

“ (7) Notwithstanding theprovisions of this rule, where acandidate in a supplementary pollwithdraws his candidature underthis rule, the Returning Officer shallcountermand notice of the poll, andall proceedings with reference to thefirst poll and any supplementarypoll shall be commenced afresh in allrespects as if the writ had beenreceived on the day on which thecandidature was withdrawn, but nofresh nomination shall be necessaryin the case of a person shown in thenotice of taking of the first poll asstanding nominated.

(8) Where proceedings arecommenced afresh undersubrule (7), the Returning Officershall fix–

(a) a new date forthe nomination ofcandidates being a datenot more than fourteendays after the date onwhich the candidaturewas withdrawn;

(b) a new date for thetaking of the first poll,which date shall not beless than seven daysfrom the new date fixedfor the nomination ofcandidates; and

(c) a new date for thetaking of a supplementarypoll, if necessary, whichdate shall be on thefifteenth day followingthe new date fixed forthe first poll or, if thatday falls on a Saturday,

24


First Column Second ColumnSunday or publicholiday, on the firstfollowing day that is nota Saturday, Sunday orpublic holiday.”;

(d) in rule 15, by inserting after subrule(3), the following subrule:

“ (4) This rule does not apply in thecase of a supplementary poll.”;

(e) in rule 16(1), by inserting after thewords “When a poll”, the words “,other than a supplementary poll,”;

(f) by inserting after rule 16, the following rule:

16A (1) When asupplementary poll is to betaken, the Returning Officershall, as soon as practicable,give notice by publication inone or more daily newspapersof–

(a) the day on whichand the hoursduring which thesupplementary pollwill be taken;

(b) the location of eachpolling station; and

(c) the name andaddress andoccupation of eachcandidate as givenin his nominationpaper, and thesymbol assigned tohim.

(2) The ReturningOfficer shall also cause noticesin the form set out as FormNo. 46A in the PrescribedForms Rules to be posted athis office and at such places inhis electoral district as he maydeem necessary.”;

(g) in rule 17(2)–(i) in paragraph (a), by deleting the

word “and” at the end thereof;

25

“Notice oftaking asupplementarypoll



26

(ii) in paragraph (b)–(A) by inserting before the words

“a new”, the words “in thecase of an election other thana general election,”; and

(B) by deleting the full stop andsubstituting the words “;and”;

(iii) by inserting after paragraph (b), thefollowing paragraph:

“(c) in the case of a generalelection–

(i) a new date for thetaking of the first poll,which date shall notbe less than sevendays from the newdate fixed for thenomination ofcandidates; and

(ii) a new date for thetaking of a supplemen-tary poll, if necessary,which date shall be onthe fifteenth dayfollowing the new datefixed for the first pollor, if that day falls on aSaturday, Sunday orpublic holiday, on thefirst following day thatis not a Saturday,Sunday or publicholiday.”;

(h) in rule 37(2), by inserting after thewords “polling station on”, the word“that”;

(i) in rule 38(1), by deleting the words “anelection” and substituting the words “apoll”;

(j) in rule 38(9), by deleting the word“Deputy”;

(k) in rule 39, by inserting after subrule (2),the following subrule:

“(3) This rule does not apply inthe case of a supplementary poll.”;


First Column Second Column(l) in rule 40–

(i) in subrule (3), by deleting theword “election” and substitute theword “poll”;

(ii)in subrule (4), by deleting theword “If” and substituting thewords “Subject to subrule (4A), if”;

(iii) by inserting after subrule (4), thefollowing subrule:

“ (4A) In the case of asupplementary poll, thePresiding Officer or his nomineeshall, for the purposes ofsubrule (4) or (7), disregard anymark of electoral ink which hereasonably believes to beelectoral ink from the first poll.”;

(iv) in subrule (6), by deleting the word“index”;

(v) by inserting after subrule (6), thefollowing subrule:

“ (6A) For the purposes of ageneral election, the colour of theelectoral ink used in the first pollshall be different from the colourof the electoral ink used in anysupplementary poll.”;

(vi) in subrule (7), by deleting theword “Where” and substituting thewords “Subject to subrule (4A),where”;

(vii) in subrule (12), by inserting afterthe words “polling station on” theword “that”;

(viii) in subrule (19), by deleting theword “election” and substituting theword “poll”;

(m) in rule 50(1), by deleting the words “anelection” and substituting the words “apoll”;

(n) in rule 65, by inserting after the words“rule 63(6)”, the words “and, in the caseof a supplementary poll, as soonpracticable after the first poll”;

(o) in rule 101–(i) by repealing subrule (1) and

substituting the following subrules:“ (1) Where by 12.00 noon on

27


First Column Second Columnthe day following the closing ofthe poll neither a candidate norhis agent requests the ReturningOfficer to conduct a final count,the Returning Officer shallconfirm the count conducted bythe Presiding Officer as set outin his Statement of the Poll, andthe Returning Officer shallthen–

(a) in the case of a pollother than the first pollof a general election,declare in writing thecandidate who is foundto have the most votesto be elected;

(b) in the case of the firstpoll of a generalelection, declare inwriting–

(i) the candidatewho is found tohave more thanfifty per cent ofthe votes to beelected; or

(ii) that asupplementarypoll betweent h o s ecandidates whoearned thehighest andsecond highestnumber of votesshall be heldwithin fifteendays,

and a copy of thedeclaration shall bedelivered by theReturning Officer toeach candidate or hisagent present andwhere any candidate isneither present northere represented, theReturning Officer shallforthwith transmit byregistered post to thecandidate a copy of thedeclaration.”;

28



29

(ii) in subrule (13), by deleting the word“Where” and substituting the words“Except in the case of the first poll ofa general election, where”;

(iii) in subrule (14), by deleting theword “Where” and substituting thewords “Except in the case of the firstpoll of a general election, where”;

(iv) in subrule (15)–(A) by deleting the word

“Where” and substitutingthe words “Except in the caseof the first poll of a generalelection, where”; and

(B) by deleting the word “election” in both caseswhere it occurs and substi-tuting in each place the word“poll”;

(v) by inserting after subrule (15), thefollowing subrules:

“ (16) In the case of the firstpoll of a general election, where afinal count results in an equalityof votes–

(a) between two candidatesobtaining the mostvotes, the Chief ElectionOfficer shall so certify tothe Returning Officerwho shall make adeclaration in accordance with subrule (1)(b)(ii);

(b) among three or morecandidates obtainingthe most votes, theChief Election Officer oran officer designated forthe purpose shallconduct a recount notlater than four daysafter the closing of thepoll; or

(c) between two, or amongthree or more,candidates obtainingthe second most votes

SCHEDULE–Continued


30

and no candidateobtains more than fiftyper cent of the votes, theChief Election Officer oran officer designated forthe purpose shallconduct a recount notlater than four daysafter the closing of thepoll.

(17) Where a recount undersubrule (16)(b) or (c) results in–

(a) one candidateobtaining the mostvotes and anotherc a n d i d a t eobtaining thesecond most votes;or

(b) an equality ofvotes between twoc a n d i d a t e sobtaining the mostvotes,

and no candidate obtains morethan fifty per cent of the votes,the Chief Election Officer shallso certify to the ReturningOfficer who shall make adeclaration in accordance withsubrule (1)(b)(ii).

(18) Where a recount undersubrule (16)(b) or (c) does notresult in–

(a) one candidate obtainingthe most votes andone other candidateobtaining the secondmost votes; and

(b) one candidate obtainingmore than fifty per centof the votes,



31

the Chief Election Officer shallso certify to the ReturningOfficer who shall declare the pollvoid and a new poll shall, as soonas possible, be held in accordancewith these Rules.”;

(p) in rule 103–

(i) by deleting the word “Where” andsubstituting the words “Except inthe case of the first poll of a generalelection, where”; and

(ii) by deleting the word “election” andsubstituting the word “poll”;

(q) in rule 104, by deleting from the words“the same and announce the candidatefor whom most votes have been givento be elected as the member for theelectoral district” and substituting thewords “and announce the same”;

(r) in rule 108(1), by deleting paragraph (a)and substituting the followingparagraph:

“(a) the writ with–

(i) his return in the form set outas Form No. 72 or 73 in thePrescribed Forms Rules, asthe case may be, and endorsethereon the candidate whohas been elected; or

(ii) in the case of the first poll ofa general election where nocandidate has obtained morethan fifty per cent of the votescast, a notice in the form setout as Form 74 in thePrescribed Forms Rules;”;

(s) in rule 109(1), by deleting the words “;and after the expiration of twelvemonths from polling day theCommission may cause the documents


First Column Second Columnused at the election to be burnt or to beshredded by a suitable shreddingmachine”;

(t) by inserting after rule 109, the followingrule:

109A Notwithstandingrule 109, theCommission may causethe documents used atan election to be burntor to be shredded by asuitable shreddingmachine, after the expiration of twelvemonths from–

(a) in the case of ageneral election,the first pollingday; or

(b) in the case of anelection other thana general election,polling day.”;

The Schedule to the Prescribed Forms Rules isamended–

(a) in Form No. 2, by deleting the words “apoll to be taken on the … day of… 20…”and substituting the words “the first pollto be taken on the …day of… 20… and,if necessary, a supplementary poll to betaken on the … day of… 20…*/ a poll tobe taken on the … day of… 20…*”;

(b) in Form No. 29, by deleting the words“the election to be held on the …dayof…, 20…” and substituting the words“the first poll to be taken on the …dayof… 20… and, if necessary, asupplementary poll to be taken on the …day of… 20…*/the poll to be taken onthe … day of… 20…*”;

(c) in Form No. 29A, by deleting the words“the election to be held on the …dayof…, 20…” and substituting the words“the first poll to be taken on the …dayof… 20… and, if necessary, asupplementary poll to be taken on the …day of… 20…*/ the poll to be taken onthe … day of… 20…*”;

“Destructionof electiondocuments byCommission

The Prescribed FormsRules, Chap. 2:01

32


First Column Second Column(d) in Form No. 30–

(i) by deleting the words “the electionto be held on the …day of…, 20…”and substituting the words “thefirst poll to be taken on the …dayof… 20… and, if necessary, a supplementary poll to be taken onthe … day of… 20…‡/the poll to betaken on the … day of… 20…‡”; and

(ii) by inserting at the end of the form,the words “‡ Delete if inapplicable.”;

(e) in Form No. 35–

(i) by deleting the words “the poll willtake place between the hours of6.00 a.m. and 6.00 p.m. on the…day of…, 20…” and substitutingthe words “the first poll will takeplace between the hours of 6.00 a.m. and 6.00 p.m. on the…day of… 20… and, if necessary, asupplementary poll will take placebetween the hours of 6.00 a.m. and6.00 p.m. on the … day of… 20…*/the poll will take place between thehours of 6.00 a.m. and 6.00 p.m. onthe … day of… 20…*”; and

(ii) by deleting the words “thereafterthe preliminary results of the poll”and substituting the words “thepreliminary results of any suchpoll*/the poll*”;

(iii) by inserting after the words “shallconfirm”, the words “and declare”;

(iv) by deleting the words “and declarethe candidates recorded as havingreceived the most to be elected”;and

(v) by inserting after the words“commencing at the hour of…a.m./p.m.”, the words “[and in thecase of a supplementary poll, … at… on the … day of…, 20…commencing at the hour of …a.m./p.m.*]”;

33


First Column Second Column(f) by inserting after Form No. 46, the

following form:“FORM NO. 46A

[Election Rule 16A(2)]

REPRESENTATION OF THE PEOPLE ACT

NOTICE OF TAKING A SUPPLEMENTARYPOLL

The Electoral District of......................................

NOTICE IS HEREBY given to the electors of theElectoral District aforesaid that asupplementary poll will be taken for theelection now pending for the said electoraldistrict and that such poll will be opened on the................ day of ..................................., 20........,at the hour of six in the forenoon and kept opentill the hour of six in the afternoon in thefollowing polling stations established in thevarious polling divisions comprised in the saidelectoral district–Polling Stations:............................................................................................................................................................................................................................................................................................................................

And that the two candidates in the aboveelectoral district are as follows:Name Address Occupation Symbol...........................................................................................................................................................................................................................................................................................................................................................................................................of which all persons are hereby required to takenotice and govern themselves accordingly.

Given under my hand at .............................. this................... day of ..................................., 20......……………………………………..

Returning Officer”;

34


First Column Second Column(g) in Form 48, by deleting the

word, “ELECTION” and substitutingthe word “POLLING”;

(h) in Form 50, by deleting the words “thepoll” and substituting the words “anypoll”;

(i) in Form 52, by deleting thewords “ELECTION DATE” and substi-tuting the words “POLL DATE”;

(j) by inserting after Form 72, the followingforms:

“FORM NO. 73[Election Rule 108(1)(a)]

REPRESENTATION OF THE PEOPLE ACT

RETURN AFTER FIRST POLL IN A

GENERAL ELECTION WHERE THE

MEMBER HAS BEEN ELECTED

I HEREBY CERTIFY that the member elected for the electoral district of.....................................................................inpursuance of the within writ, having receivedmore than fifty per cent of the votes lawfullygiven, is:..............................................................................

(Name)..............................................................................

(Address)

Dated at ................... this....................... day of........................., 20..................................................................

Returning Officer

35



Passed in the House of Representatives this 21st dayof Fe bruary, 2014.

Clerk of the House

I confirm the above.

Speaker

FORM NO. 74[Election Rule 108(1)(a)]

REPRESENTATION OF THE PEOPLE ACTRETURN AFTER FIRST POLL IN A

GENERAL ELECTION WHERE THEMEMBER HAS NOT BEEN ELECTED

I HEREBY CERTIFY that, after the taking of thefirst poll in pursuance of the within writ, nocandidate has received more than fifty percentof the votes lawfully given and, accordingly, themember has not been elected for the electoraldistrict of ..............................................................

Dated at ................... this....................... day of

........................., 20.....

......................................................Returning Officer”.

36

Passed by the Senate this 5th day of J une, 2014.

Clerk of the Senate

I confirm the above.

President of the Senate

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