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BERMUDA
1995 : 24
INDEPENDENCE
REFERENDUM ACT 1995
[10 April 1995]
ARRANGEMENT OF
SECTIONS
1 Short title
2 Holding of referendum
3 Application of Act No 23 of 1978
4 Regulations
5 Expenses
First Schedule
Second Schedule
WHEREAS it is expedient to provide
for the holding of a referendum on the issue of Independence for Bermuda:
[Words of
enactment omitted]
Short title
1 This Act
may be cited as the Independence Referendum Act 1995.
Holding of referendum
2 (1) A
referendum shall be held on the question whether or not Independence is
favoured for Bermuda.
(2) The ballot paper to be used for the purpose
of the referendum shall be in the form set out in the First Schedule.
(3) The persons entitled to vote in the
referendum are those who, on the day of the holding of the referendum, would be
entitled to
vote as electors at a parliamentary election in a constituency.
(4) The Premier shall by notice published in the
Gazette appoint a day for the holding of the referendum, being a day—
(a) not earlier than the thirtieth day next
following the date on which that notice is first so published; and
(b) not later than—
(i) the sixtieth day next following that
date; or
(ii) 31 December 1995,
whichever is earlier.
(5) The question specified in subsection (1)
will not have been answered by the referendum in favour of Independence for
Bermuda unless—
(a) forty per centum or more of those entitled
under subsection (3) to vote in the referendum vote in the referendum in favour
of Independence
for Bermuda; and
(b) the number of persons voting in the referendum
in favour of Independence for Bermuda constitutes a majority of persons voting
in
the referendum.
Application of Act No 23 of 1978
3 For the purposes of the referendum the
votes of the persons voting shall be cast, and the proceedings shall be
conducted, so far
as may be as if the referendum were a general election of
members of the House of Assembly; and the Parliamentary Election Act 1978
[title 2 item 11] and any regula tions
in force under that Act shall for those purposes be construed accordingly.
Regulations
4 (1) Without
prejudice to section 3, the Minister responsible for Home Affairs ("the
Minister") may by regulations—
(a) apply, in relation to the referendum, with such
modifications, exceptions, omissions and additions as may be specified in the
regulations,
any provision of the Parliamentary Election Act 1978 [title 2 item 11] and any regulations
made under that Act;
(b) make such other provision as to the conduct of
the referendum as may appear to him to be expedient.
(2) Regulations
made under subsection (1) are subject to the negative resolution procedure.
(3) Notwithstanding subsections (1) and (2), the
Independence Referendum Regulations 1995 set forth in the Second Schedule have
full
legal effect forthwith by virtue of this subsection as regulations made
under and in accordance with subsections (1) and (2), without
resort to the
negative resolution procedure.
(4) Subsection (3) does not affect the power of
the Minister in future to make regulations under subsection (1) amending,
modifying
or otherwise affecting the said Independence Referendum Regulations
1995.
Expenses
5 Any expenses incurred in carrying this
Act into effect shall be defrayed out of moneys provided by the Legislature.
FIRST
SCHEDULE (Section 2(2))
FORM OF BALLOT PAPER
ARE YOU IN FAVOUR OF INDEPENDENCE FOR BERMUDA?
|
YES: |
|
NO: |
SECOND SCHEDULE (Section 4(3))
THE INDEPENDENCE
REFERENDUM REGULATIONS 1995
ARRANGEMENT OF
REGULATIONS
1 Citation
2 Interpretation
3 Conduct of referendum
4 Application of certain statutory
provisions to the referendum
5 Observers
SCHEDULE
Citation
1 These Regulations may be cited as the
Independence Referendum Regulations 1995.
Interpretation
2 Unless the contrary intention appears,
in these Regulations, and in any provision applied by these Regulations—
"the Act"
means the Independence Referendum Act 1995;
"designated
central counting station" means the place designated by the Minister by
notice published in the Gazette as
the place where the votes in the referendum
shall be counted;
"the
Minister" means the Minister responsible for Home Affairs;
"parliamentary
elector" or "elector" means a person who is enti tled to vote in
the referendum;
"observer"
means a person appointed in accordance with regula tion 5;
"polling
room" means the place appointed by notice for the holding of the
referendum in a constituency;
"the
referendum" means the referendum to be held under the Act;
"the
Registrar" has the meaning ascribed to it in section 1(1) of the
Parliamentary Election Act 1978 [title 2
item 11];
"Returning
Officer" has the meaning ascribed to it in section 1(1) of the
Parliamentary Election Act 1978 [title 2
item 11].
Conduct of
referendum
3 (1) The
functions which, in relation to a general election, are conferred on the
Registrar by any provision of the Parliamentary
Election Act 1978 [title 2 item 11] as
applied by these Regulations shall, in relation to the referen dum, be
discharged by that officer.
(2) The Registrar shall, in addition to the
functions conferred upon him by paragraph (1) of this regulation, be
responsible for con
ducting the count of votes cast in the referendum and for
certifying the total of the ballot papers and the respective answers relating
to the refer endum.
(3) The Minister shall in writing appoint such
persons as may be necessary—
(a) as Returning Officers for the purpose of
conducting the referendum in a constituency;
(b) to assist the Registrar in conducting the count
of votes cast in the referendum.
(4) The functions which in relation to a general
election are conferred respectively on Returning Officers and presiding
officers by
any provision of the Parliamentary Election Act 1978 [title 2 item 11] as applied by these
Regu lations shall, in relation to the referendum, be discharged by those offi cers
respectively.
Application of
certain statutory provisions to referendum
4 (1) The
provisions of the Parliamentary Election Act 1978 [title 2 item 11] and the Parliamentary Election Rules 1979
specified in column 1 of the Schedule shall, subject to the modifications or
exceptions
(if any) speci fied in relation to those provisions in column 2 of
the Schedule, apply in connexion with the referendum, but any
reference to a
candidate, nomi nation, election agent or polling agent shall, unless the
context requires otherwise, be disregarded.
(2) Unless the contrary intention appears, in
these Regulations and in the provisions applied by this regulation—
(a) any reference to an election, parliamentary
election or poll shall be construed as a reference to the referendum;
(b) any reference to a constituency shall be
construed as a ref erence to the area for which the relevant Returning Officer
acts;
(c) any reference to the election room shall be
construed as a reference to a polling room.
Observers
5 (1) The
Minister may make arrangements for the appointment of persons to observe the
conduct of the referendum, the verification of
the ballot paper accounts and
the counting of the votes.
(2) Any such appointment shall be in writing and
shall be signed by the Minister.
SCHEDULE (Regulation 4)
Application and
Modification of Provisions of the Parliamentary Election Act 1978 and
Regulations made under that Act.
|
Provision applied and |
Modification |
The
Parliamentary Election Act 1978 [title 2 item 11]
|
Section 2 (Meaning
of resident and ordinarily |
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Section 4 (Entitlement to vote) |
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Section 25 (Voter's identification |
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Section 27 (Issue
of writs of ..................... election) |
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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. |
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(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.". |
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Section 29 (Duties
of Return- ................ ing
Officers) |
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In subsections (1) and (2), omit
"executing a writ of election" and substitute "conducting the
referen dum in
a constituency". |
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Section 30 (Notice
of election) |
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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.". |
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Section 31 (Delivery
of parlia- ........ mentary regis ters
etc to Returning ......................... Officer |
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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". |
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Section 36 (Taking
a poll in ....... contested
election) |
|
Omit subsection (1). |
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Section 39 (Duration
of poll) |
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Delete "seven o'clock in the
afternoon" from subsection (1) and substitute "nine o'clock in the
evening". |
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Section 40 (Advanced
polls for .......... sick, in firm
and absent vot ers) |
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Delete subsections (3) and (5) and substitute— |
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(5) The Registrar shall invite the attendance of
observers at every advanced poll.". |
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Section 41 (Advanced
polls for incapa citated vo- ters) |
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In subsection (1), delete "place, and on such date
not earlier than seven days prior to the polling day," and substitute
"places and on such dates". |
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Section 42 (Conduct
of ad -.................... vanced
polls) |
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Omit subsections (1), (2) and (3) and
substitute the following— |
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"(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 contains. |
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(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. |
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(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 as 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.". |
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Section 43 (General
duties of ....... Returning
Officer as to taking
of |
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In subsection (1), omit the words "and
the counting of the votes". |
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Section 44 (Adjourn ment
of ................ poll in spe cial
circum stances) |
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Section 45 (Rules
for taking a .......................... poll) |
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Section 46 (Ballot
pa pers) |
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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
First Schedule to the Act". |
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Omit subsection (2). |
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Section 47 (Premises
not to be ... used as committee rooms) |
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In subsection (3), omit the words
"promoting the election of any can didate nominated in a parliamen tary
election"
and substitute "the referendum". |
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Section 48 (Issue
of ballot .......................... papers) |
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Section 49 (Identification
of ......... intending voters) |
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Section 50 (Challenge
of ............... intending
voters) |
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In subsection (1), delete the words "at
the request of the election agent of any candidate or". |
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Omit subsection (2). |
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Section 51 (Marking
the ballot ........................ paper) |
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Omit subsection (2). |
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Section 52 (Incapacitated
.............................. voters) |
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Section 53 (Spoilt
ballot .............................. papers) |
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Section 54 (Void
ballot ................................. papers) |
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For paragraph (1)(b), substitute— |
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In paragraph (1)(d), omit from
"sufficient" down to "for whom" and substitute
"clarity how". |
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In paragraph (2)— |
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(i) omit
"in respect of each candidate voted for". |
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(ii) omit
"for one or more of the candidates, as the case may be," and
substitute "for or against the ques tion". |
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Section 55 (Arrest
of voter for ............... personation) |
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In subsection (1) omit — |
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(i) "a
candidate or his election agent declares to the Re turning Officer that he"
and substitute "the Returning
Officer" |
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(ii) "and undertakes to substan tiate the
charge in a court of law,". |
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Section 56 (Count
of ballots) |
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For section 56 substitute— |
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"56(1) Immediately after the
close of the poll, the Returning Officer shall— |
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(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; |
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(b) seal up in separate packets all— |
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(i) spoilt
ballot papers in his possession, |
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(ii) unused
ballot papers in his possession, |
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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. |
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(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. |
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(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. |
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(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.". |
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Section 60 (Secrecy
during ................ and after
poll) |
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In subsection (1)— |
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(i) omit
"candidate" and "agent" wherever they occur; |
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(ii) paragraph
(a), omit "the candidate for whom" and substitute "how"; |
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(iii) paragraph
(c), omit "name of the candidate for or against whom" and sub stitute
"manner in which"; |
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(iv) paragraph
(d), omit "candi date for whom" sub stitute "manner in
which"; |
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(v) paragraph
(e), omit "person by whom" and substitute "manner in
which". |
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In subsection (2) omit "a political
party" and substitute "or opposition to the referendum". |
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In subsection (3)(b), omit "name of the
candidate for whom" and sub stitute "manner in which". |
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In subsection (3)(c), omit "declare for
whom" and substitute "declare the manner in which" |
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Section 61 (Miscon duct
at .................. parlia mentary
election) |
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In paragraph (a) of subsection (1), delete
sub-paragraphs (i) to (v) and substitute— |
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"(i) interferes with a voter who is engaged
in voting; or (ii) obtains or attempts to obtain in a
polling room information as to the manner in which a voter is about to vote
or has voted;
or |
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(iii) directly or indirectly induces or
attempts to induce any voter to display his ballot paper so as to show the manner
in which
the voter has voted; or |
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(iv) behaves in a violent, offensive or
disorderly manner in or about, or within fifty metres of, a polling room or
the designated
central counting station, or improperly disturbs or impedes
the proceedings; or |
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(v) fails to leave a polling room when
requested to do so by the Returning Officer, or fails to leave the designated
central counting
station when requested to do so by the Registrar;". |
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Section 62 (Returning
Officer ........ to be conser vator
of peace) |
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Section 63 (No
person to carry .... offensive
weapons or propaganda
ap .......... paratus on polling day) |
|
In subsection (2)(a), insert after
"propaganda" "relating to the refer endum". |
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Section 64 (Bribery) |
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In paragraph (c), omit "the election of
any person" and substitute "a specific result". |
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Section 65 (Undue
in fluence) |
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Section 66 (Punish ment
for .......... bribery and undue influence) |
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Section 68 (Persona tion
and ......... voting if not quali fied) |
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Omit paragraphs (a) and (b). |
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Section 69 (Offences
relating ................... to
voting) |
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Section 70 (Supplying
.................. intoxicating
liquor by way of or .................... ganized treating) |
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Section 71 (Disqualifi cations) |
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Section 73 Breaches
of official ......................... duty) |
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Section 74 (Registrar
to |
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Section 77 (Duty
of Commis- ......... sioner of
Pris ons) |
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Omit "issue of a writ of election un der
this Act" and substitute "the day for the holding of the referendum
has been published in the Gazette under section 2(4) of the Act". |
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SCHEDULE |
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Paragraph 2 |
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Omit sub-paragraph (1)(a) and sub stitute — |
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"(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;". |
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Paragraph 3 |
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Paragraph 4 |
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Delete sub-paragraph (1) and substitute— " (1) Except
for the pur- |
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Paragraph 5 |
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Omit "after placing therein any bal lot
papers which may be delivered to him in respect of an advanced poll,". |
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Paragraph 6 |
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Paragraph 7 |
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Paragraph 8 |
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Omit ", and subject to any challenge
under section 50,". |
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Paragraph 9 |
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Paragraph 10 |
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Omit and substitute — |
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"10 At the count of votes the
Regis trar shall endorse any ballot paper appearing to him to be void under
section
54 with the word "rejected". |
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Paragraph 11 |
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Omit and substitute— |
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"11(1) On the completion of
the counting of the votes the Registrar shall seal up in separate packets
all— |
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(a) counted
ballot papers; |
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(b) rejected
ballot papers; |
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(c) spoilt
ballot papers; |
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(d) unused
ballot papers in his possession, |
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and shall endorse on each packet a description
of its contents and the date of the referendum. |
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(2) The Registrar shall then deliver all the aforesaid packets so en dorsed to the Secretary to the Cabi net together with a statement showi | |