Bermuda Consolidated Legislation

Provision applied and
subject matter

Modification

Section 2 Section 2................... (meaning of resi ...................................... dent and ordi ................................... narily resi dent)

Section 4 (Entitle ment to .......................... vote)

Section 25 (Voter's identifi ................ cation Card)

Section 27 (Issue of writs of ................. election)

Omit and substitute "27(1) On the issue of the notice of the referendum under section 2(4) of the Act, the Minister shall by notice published in the Gazette appoint the polling room for the holding of the referendum in a constituency.

  (2)  The place appointed for the holding of a referendum in a con stituency shall be some convenient building or part of a building within, or in the opinion of the Minister conveniently near the boundary of the constituency concerned, not being a building licensed for the sale of intoxicating liquor.".

Section 29 (Duties of return .............. ing Officers)

In subsections (1) and (2), omit "executing a writ of election" and substitute "conducting the referen dum in a constituency".

Section 30 (Notice of election)

Omit and substitute— "30  The Registrar shall also give notice of the holding of the referendum by publi cation of a notice in two successive issues of the Gazette and in at least one other newspaper circulating in Bermuda specifying the day for the holding of the referendum and the location of the polling place in a constituency.".

Section 31 (Delivery of parlia mentary regis ters etc to Returning ................ Officer

In subsection (1), omit "eleven o'clock in the forenoon of nomina tion day in any parliamentary elec tion" and substitute "nine o'clock in the forenoon of the polling day in the referendum".

Section 36 (Taking a poll in contested election)

Omit subsection (1).

Section 39 (Duration of poll)

Section 40 (Advanced polls for sick, in firm and absent vot ers)

Omit subsection (5) and

"(5)  The Registrar shall invite the attendance of observers at any ad vanced poll.".

Section 41 (Advanced polls for ... incapa citated vot ers)

Section 42 (Conduct of ad ........... vanced polls)

Omit subsections (1), (2) and (3) and substitute the following—

"(1)  At any advanced poll held in accordance with section 40 or 41 a ballot box shall be provided and at the close of such advanced poll the ballot papers shall without any ex amination be placed in a packet and sealed by the officer conducting the poll, such packet clearly designating the number of ballot papers it con tains.

(2)  Each sealed packet of ballot pa pers taken at an advanced poll shall be immediately given by the officer conducting the poll to the Registrar to be kept intact in his office until delivery by him on the polling day in the referendum to the designated central counting station.

(3)  The Registrar shall open every packet of ballot papers delivered to him pursuant to subsection (2) im mediately before the count of the ballots for all areas in the referen dum and without examining them, in the presence of observers and such other persons who are lawfully in the designated central counting station at that time, place the ballot papers in the ballot box which con tains all the other ballot papers.".

Section 43 (General duties of Returning Officers as to taking of a ................... poll)

In subsection (1), omit the words "and the counting of the votes".

Section 44 (Adjourn ment of ...... poll in spe cial circum stances)

Section 45 (Rules for taking a ................ poll)

Section 46 (Ballot pa pers)

In subsection (1), omit the words "in the prescribed form showing the full names of all the nominated candi dates in alphabetical order" and substitute "in the form set out in the Schedule to the Capital Punishment Referendum Act 1989".

Omit section (2)

Section 47 (Premises not to be ... used as committee rooms)

In subsection (3), omit the words "promoting the election of any can didate nominated in a parliamentary election" and substitute "the referen dum".

Section 48 (Issue of ballot pa ............................ pers)

Section 49 (Identifica tion of ........... in tending voters)

Section 50 (Challenge of ................. intend ing voters)

In subsection (1), delete the words "at the request of the election agent of any candidate or".

Omit subsection (2)

Section 51 (Marking of ballot .......................... pa per)

Omit subsection (2)

Section 52 (Incapaci tated .............................. voters)

Section 53 (Spoilt ballot pa ................................ pers)

Section 54 (Void ballot .................................. papers)

For paragraph (1)(b), substitute—

"(b)  on which more than one vote is given; or".

In paragraph (1)(d), omit from "which" where it appears for the second time to the end of paragraph and substitute "void for uncer tainty".

In paragraph (2)(c) —

(i) omit "in respect of each candidate voted for".

(ii) omit "for one or more of the candidates, as the case may be," and substitute "for or against the ques tion".

Section 55 (Arrest of voters for .............. persona tion)

In subsection (1) omit —

(i) "a candidate or his election agent declares to the Re turning Officer that he" and substitute "the Returning Officer"

(ii) "and undertakes to sub stantiate the change in a court of law,"

Section 56 (Count of ballots)

For section 56 substitute:

"56(1)  Immediately after the close of the poll, the Returning Officer shall—

(a) seal the ballot box so as to pre vent the introduction of addi tional ballot papers and shall take charge of such box, and shall immediately convey such box to the designated central counting station and there he shall turn over the box in its sealed condition to the Regis trar;

(b) seal up in separate packets all—

(i) spoilt ballot papers in his possession,

(ii) unused ballot papers in his possession,

and shall endorse on each packet a description of its contents and the name of the constituency and de liver all the aforesaid packets so en dorsed to the Registrar.

(2)   Upon receipt of a sealed ballot box from a Returning Officer under subsection (1), the Registrar shall break the seal thereon in the pres ence of observers and of any other persons who are lawfully in the central counting station at that time and place all the ballot papers therein contained in the appropriate ballot box which shall be provided, and in such box all the ballot papers removed from the ballot boxes for the areas in the referendum shall be placed and mixed together for the purpose of being counted.

(3)   When all the ballot boxes from all the polling stations have been re ceived by the Registrar and dealt with in accordance with subsection (2), and not before, the Registrar shall then ascertain the result of the poll by counting the votes and the respective answers given by valid votes.

(4)  When the result of the poll has been ascertained the Registrar shall forthwith publicly declare that result and shall subsequently by notice published in the Gazette, publish the result.

Section 60 (Secrecy during and after poll)

In subsection (1)—

(i) omit "candidate" "agent" wherever they occur;

(ii) paragraph (a), omit "the candidate for whom";

(iii) paragraph (c), omit "name of the candidate for or against whom" and sub stitute "manner in which";

(iv) paragraph (d), omit "candidate for whom" sub stitute "manner in which";

(v) paragraph (e), omit "person by whom" and substitute "manner in which".

In subsection (2) omit "a political party" and substitute "or opposition to the referendum".

In subsection (3)(b), omit "name of the candidate for whom" and sub stitute "manner in which".

In subsection (3)(c), omit "declare for whom" and substitute "declare the manner in which"

Section 61 (Miscon duct at ... parlia mentary election etc)

Subsection (1)(a)(iv), omit "candidates for whom" and substi tute "manner in which".

Subsection (1)(a)(v), omit "name of any candidate for whom" and sub stitute "manner in which".

Section 62 (Returning officer ..... to be conser vator of peace)

Section 63 (No person to carry ........ offensive weapons or propa ganda .......... ap para tus on polling day)

In subsection (2)(a), insert after "propaganda" "relating to the refer endum".

Section 64 (Bribery)

In paragraph (c), omit "the election of any person" and substitute "a specific result".

Section 65 (Undue in fluence)

In paragraph (d), omit "election of any person: and substitute "specific result".

Section 66 (Punish ment for bribery and undue influence)

Section 68 (Persona tion and ....... vot ing if not quali fied)

Omit paragraphs (a) and (b)

Section 69 (Offences relating ......... to voting)

Section 70 (Supplying ........ intoxicat ing liquor by way of or ......... ganized treating)

Section 71 (Disqualifi cation)

Section 73 Breaches of official ............... duty)

Section 74 (Registrar to
retain documents)

Section 77 (Duty of Commis sioner of Pris ons)

Omit "issue of a writ of election un der the Act" and substitute "the day for the holding of the referendum has been published in the Gazette under section 2(4) of the Capital Punishment Referendum Act 1989".

SCHEDULE

Paragraph 2

Omit subparagraph (1)(a) and sub stitute —

"(a)  an adequate number of tables is provided in the polling station for use by officers in, and by observers in observing, the checking of the credentials of, and the handing out of ballot papers to, electors;

Paragraph 3

Paragraph 5

Omit "after placing therein any bal lot papers which may be delivered to him in respect of an advanced poll,".

Paragraph 6

Paragraph 7

Paragraph 8

Omit "and subject to any challenge under section 50"

Paragraph 9

Paragraph 10

Omit and substitute —

"10  At the count of votes the Regis trar shall endorse any ballot paper appearing to him to be void under section 52 with the word "rejected".

Paragraph 11

Omit and substitute—

"11(1)  On the completion of the counting of the votes the Registrar shall seal up in separate packets all—

(a) counted ballot papers;

(b) rejected ballot papers;

(c) spoilt ballot papers;

(d) unused ballot papers in his possession,

and shall endorse in each packet a description of its contents and the date of the referendum.

(2)   The Registrar shall then deliver all the aforesaid packets so en dorsed to the Secretary to the Cabi net together with a statement showing the total number of ballot papers prepared by him for the ref erendum.".

The Parliamentary Elections Rules 1979 (BR 30/80)

First Schedule Form 6