Parliamentary Election Act 1978

PART I

PRELIMINARY

1 Interpretation

2 Meaning of resident and ordinarily resident

PART II

THE RIGHT OF REPRE SENTATION

3 Qualifications and dis qualifications for registration

4 Entitlement to vote

5 Qualification for election

PART III

PARLIAMENTARY REGIS TERS

6 Parliamentary Registrar and registration officers

7 Parliamentary registers

8 Publication of parliamentary registers

9 Preparation of parliamentary registers

10 Right to be registered

11 Voters' lists

12 Householders and others to give information to the Registrar

13 Registrar may require at tendance of persons

14 Scrutineers

15 Publication of draft registers

16 Notice of claim or objection

17 Objections to registration

18 Objections to omissions

19 Hearing of objections

20 Corrections to the draft registers

21 Other corrections to the draft registers

22 Publication of parliamentary registers

23 Corrections to the parlia mentary registers

24 Appeals to the Supreme Court

25 Voter's identification card

26 Preparation of new par liamentary registers after report of a Boundaries Commission

PART IV

CALLING ELECTIONS

27 Issue of writs of election

27A Power to postpone elections

28 Endorsement over of writ in certain circumstances

29 Duties of Returning Offi cers

30 Notice of election

31 Delivery of parliamentary registers etc. to Returning Officer

PART V

NOMINATION PROCEDURE

32 Nomination of candidates

33 Uncontested elections

34 Bye-election to fill unfilled vacancies

PART VI

CONTESTED ELECTIONS

35 Special interpretation of Parts VI and VII

36 Taking a poll in contested election

37 Withdrawal of candidate

38 Death of candidate

39 Duration of poll

40 Advanced polls for sick, infirm and absent voters

41 Advanced polls for inca pacitated voters

42 Conduct of advanced polls

43 General duties of Return ing Officer as to taking of poll

44 Adjournment of poll in special circumstances

45 Rules for taking a poll

46 Ballot papers

47 Premises not to be used as committee rooms

PART VII

VOTING PROCEDURE

48 Issue of ballot papers

49 Identification of intending voters

50 Challenge of intending voters

51 Marking the ballot paper

52 Incapacitated voters

53 Spoilt ballot papers

54 Void ballot papers

55 Arrest of voter for person ation

PART VIII

CLOSE OF POLL PROCE DURE

56 Count of ballots

57 Procedure in the event of a tie

58 Return of writ of election

59 Disposal of deposits

[7 June 1978]

[preamble and words of enactment omitted]

PART I

PRELIMINARY

Interpretation

1 (1) In this Act, unless the context otherwise requires�

"bye-election" means a parliamentary election to fill a casual va cancy in the House of Assembly;

"constituency" means one of the constituencies into which Bermuda is divided in accordance with the Constitution [title 2 item 1];

"election agent" has the meaning given in section 32(6);

"election room" means the place appointed in a writ of election for a parliamentary election to take place;

"excepted day" means a Sunday or other public holiday as de fined by the Public Holidays Act 1947 [title 28 item 8];

"general election" means a parliamentary election to constitute a new House of Assembly pursuant to section 51(1) of the Con stitution [title 2 item 1];

"general register" means the register referred to in section 7(2);

"House of Assembly" means any House of Assembly about to as semble or being assembled in Bermuda pursuant to the Con stitution [title 2 item 1];

"independent candidate" has the meaning given in section 32(4);

"nomination day" means the day appointed for the nomination of candidates for a parliamentary election in accordance with section 30;

"parliamentary election" means an election of a person to serve as a member of the House of Assembly and consists of the nomination of candidates, the taking of a poll if necessary and the declaration of the result of the election, in accor dance with this Act;

"parliamentary elector" or "elector" means a person entitled to vote at a parliamentary election in a constituency in accor dance with section 4;

"parliamentary register" means a register referred to in section 7(1);

"party candidate" has the meaning given in section 32(3);

"person" means an individual natural person;

"polling place" means that part of an election room which is set aside, and separated by a barrier, from the other parts of an election room pursuant to sub-paragraph (a) of paragraph (1) of rule 2 of the Rules contained in the Schedule;

"qualifying date" means the date fixed as such by section 8(2);

"Registrar" means the Parliamentary Registrar appointed under section 6 and, to the extent that a registration officer is au thorized to exercise the powers or perform the duties of the Parliamentary Registrar under section 6(4), includes such registration officer;

"registration" with its grammatical variations and cognate ex pressions includes the transfer of registration from the par liamentary register of one constituency to that of another;

"registration officer" means a person appointed as such under section 6;

"Returning Officer" has the meaning given in section 29 and, to the extent that a presiding officer appointed pursuant to sec tion 29(3) is authorized to exercise the powers or perform the duties of a Returning Officer, includes such presiding officer;

"scrutineer" means a person appointed under section 14 to be a scrutineer for a constituency;

"voter's identification card" means a card for which provision is made in section 25;

"voters' list" means the current voters' list prepared and pub lished in accordance with section 11.

(2) In reckoning a period of time for any of the purposes of this Act all days, whether excepted days or not, shall be counted unless it is otherwise expressly provided.

(3) Where in this Act any person is required to make or sign a declaration he shall do so on oath or with solemn affirmation.

Meaning of resident and ordinarily resident

2 (1) For the purpose of this Act, the place where a person is or dinarily resident shall be taken to be the place where he is resident un less he satisfies the Registrar that he is ordinarily resident in some other place,

(2) Subject to this section, the place where a person is resident shall be taken to be �

(a) if the person is a married person, the place where his family lives and sleeps and to which, when away he in tends to return or, if he is living apart from his family with the intent of remaining apart from it, then the place where he lives and sleeps and to which when away he intends to return, without regard to the place where he takes his meals or is employed; and

(b) if the person is unmarried, then the place where he lives and sleeps the majority of the time.

(3) No person shall, for the purpose of this Act, be deemed to be resident in lodgings, or a hostel, refuge or similar institution con ducted for charitable or benevolent purposes, unless that person has been in continuous residence in such lodgings or such hostel, refuge or similar institution for at least ten days immediately preceding the quali fying date and intends to live there indefinitely.

(4) No person shall, for the purposes of this Act, be deemed to be resident in a hospital, a home for the aged, or other institution for the treatment of any chronic illness or disability unless that person has been in continuous residence therein for at least ten days immediately pre ceding the qualifying date and intends to live there indefinitely.

(5) A person shall not be deemed to have changed his place of residence by reason only of his absence from Bermuda for a period of not more than six months if he intends to continue to reside in Bermuda.

PART II

THE RIGHT OF REPRESENTATION

Qualifications and disqualifications for registration

3 (1) A person is qualified for registration in the parliamentary register of a constituency if he is qualified and is not disqualified, under section 55 of the Constitution [title 2 item 1] and this Act on the qualify ing date.

(2) For the purposes of section 55(2)(c) of the Constitution [title 2 item 1] a person is disqualified for registration as an elector if on the qualifying date, he is in prison or is detained in a senior training school or if, having been sentenced to a term of imprisonment, preventive de tention or corrective training the adjudged term of his sentence has not yet expired, whether or not he is then at large on licence, unless he has been granted a free pardon or has been granted remission under section 10 of the Prisons Act 1979 [title 10 item 32].

(3) For the purposes of section 55(2)(d) of the Constitution [title 2 item 1] a person is disqualified for registration as an elector if, on the qualifying date, he is disqualified for voting at a parliamentary election under section 71.

Entitlement to vote

4 (1) Subject to subsection (2), a person is entitled to vote at a parliamentary election in a constituency if, and only if, on the polling day, he is registered as an elector in the parliamentary register of that constituency.

(2) Notwithstanding that a person may be registered in the parliamentary register of a constituency, he is not entitled to vote at a parliamentary election in that constituency if, on the polling day �

(a) he has ceased to be a Commonwealth citizen; or

(b) he has ceased to be ordinarily resident in Bermuda; or

(d) he is disqualified from voting at a parliamentary election under section 71; or

(e) he is in prison or detained in a senior training school or having been sentenced to a term of imprisonment, pre ventive detention or corrective training the adjudged term of his sentence has not yet expired, whether or not he is then at large on licence, unless he has been granted a free pardon or has been granted remission under section 10 of the Prisons Act 1979 [title 10 item 32]; or

(f) he is a person suffering from mental disorder within the meaning of the Mental Health Act 1968 [title 11 item 36] or is otherwise adjudged to be of unsound mind under any statutory provision.

Qualification for election

5 (1) A person may be elected as a member of the House of As sembly for a constituency if�

(a) he is qualified and not disqualified under sections 29 and 30 of the Constitution [title 2 item 1]; and

(b) his nomination as a candidate has been duly accepted by the Returning Officer for that constituency pursuant to section 32.

(2) For the purposes of section 30(1)(e) of the Constitution [title 2 item 1] a person is disqualified for membership of the House of Assem bly if he is disqualified from being elected as such a member under sec tion 71 of this Act.

PART III

PARLIAMENTARY REGISTERS

Parliamentary Registrar and registration officers

6 (1) The Governor shall appoint a Parliamentary Registrar (hereinafter referred to as "the Registrar") for the purposes of this Act, and may appoint such number of registration officers as are from time to time required to enable the Registrar to carry out his functions under this Part.

(2) The Registrar shall be a public officer and every registration officer shall be deemed to be such an officer in carrying out his functions under this Act.

(3) Any duty of a registration officer under this Act may be per formed by the Registrar.

(4) The Registrar may authorize any registration officer to exer-

cise such powers and perform such duties on his behalf as he may in any case direct.

(5) Subject to this Act, the Registrar shall exercise general su pervision and control over the conduct of Returning Officers in and about the conduct of elections.

(6) Expenses incurred by the Registrar pursuant to this section shall be defrayed from moneys provided by the Legislature.

Parliamentary registers

7 (1) The Registrar shall prepare annually in relation to each constituency a parliamentary register of the persons entitled to be regis tered therein.

(2) The Registrar shall also prepare a composite register of the persons registered in the several parliamentary registers and such com posite register shall be known as the general register.

(3) The particulars to be entered in the appropriate parliamen tary register and the general register shall, in relation to each person registered, include the date of registration, the full names of such per son, the address at which he is ordinarily resident including its postal zone number, and in the case of a transfer of registration a reference to the parliamentary register in which he was formerly registered.

(4) The misdescription of any person or his address in any par liamentary register or the general register shall not invalidate the regis tration of such person if the description is such as to be commonly known.

Publication of parliamentary registers

8 (1) Parliamentary registers shall be published not later than the 15th of June in each year, and registers published in any year shall be used for elections at which the date fixed for the poll falls within the period of twelve months beginning with the 16th of June in that year.

(2) Subject to this section the 15th of January in any year shall be the qualifying date for the purposes of section 55(3) of the Constitu tion [title 2 item 1] and of this Act for a parliamentary election at which the date fixed for the poll falls within the period of twelve months begin ning with the 16th day of June of that year.

(3) If any part of a register is not published within the time re quired by this section, then until the day following that on which it is published the corresponding part of the previous register shall continue in use; and where any part of the register used at an election is a part continued in force by this subsection, this Act shall have effect in rela tion to the election and the area to which that part relates as if the qual ifying date by reference to which that part was prepared were the quali fying date for the election.

(4) Notwithstanding subsection (2) the qualifying date in re spect of the age of any person shall be polling day.

(5) A person otherwise qualified shall accordingly be entitled to be registered in the appropriate parliamentary and general registers if he will attain voting age before the 16th June in the year following the year such registers are prepared.

(6) The entry of any person referred to in subsections (4) and (5) in any parliamentary or general register shall show the date on which he will attain voting age, and until that date he shall not be treated as an elector for any purposes other than the purposes of an election at which the day fixed for the poll is that or a later date.

(7) Voting age shall mean for the purposes of this section the age of eighteen years.

[Section 8 amended by 1989:57 effective 1 January 1990]

Preparation of parliamentary registers

9 With a view to the preparation of the register, the Registrar shall�

(a) have a house to house or other sufficient inquiry made as to the person entitled to be registered; and

(b) have prepared and published draft parliamentary regis ters (hereinafter referred to as draft registers) showing the persons appearing to him to be entitled to be regis tered together with their qualifying addresses.

Right to be registered

10 Subject to not being disqualified for registration all persons qualified for registration in the parliamentary register of a constituency shall be entitled to be registered in the register to be used at parliamen tary elections.

Voters' lists

11 (1) In addition to the parliamentary registers the Registrar shall prepare and publish in relation to each constituency a voters' list which shall be a true and comprehensive list of the names and addresses in cluding the postal zone number of the persons registered in the parlia mentary register of such constituency.

(2) Publication of the voters' list of each constituency shall be effected by their deposit on the date of the publication of the parliamen tary registers in the office of the Registrar and at the police stations, post offices and such other places as the registrar may select within the con stituency.

(3) The omission or inclusion of any name on the voters' list or any omission therein shall not, of itself, affect the validity of any parlia mentary register, or the general register or in any way confer any right or diminish any right in relation to entitlement to registration, voting or candidature under this Act.

(4) In the preparation of the voters' list the Registrar may omit all styles, titles and decorations.

(5) Voters' lists shall be available for sale at the office of the Registrar and at such other places as he shall appoint for a fee of 30 per page or $250 for a bound volume.

[Section 11 amended by 1994:19 effective 1 July 1994]

Householders and others to give information to the Registrar

12 (1) The Registrar may require any householder or person own ing or occupying any premises to give information required for the pur poses of preparing parliamentary registers and voters' lists.

(2) Without prejudice to the generality of subsection (1) the Registrar may require any householder or person owning of occupying any premises to complete and return to him within fourteen days of its receipt by him such form as may be prescribed.

(3) No postage charge shall be levied on forms sent to the Reg istrar by virtue of subsection (2).

(4) Any person who without reasonable excuse fails to give any information required under subsection (1) or to complete and return a form in accordance with subsection (2) commits an offence:

Punishment on summary conviction: a fine of $200.

Registrar may require attendance of persons

13 (1) The Registrar before entering the name of any person in a draft register or a parliamentary register may, if he thinks it necessary require such person to appear before him and produce his birth certifi cate and make and sign a declaration in the prescribed form showing the qualifications for his name to be included in a parliamentary register.

(2) The Registrar may omit from a parliamentary register the name of any person who fails within one month to appear before him or to produce his birth certificate or to make and sign a declaration when so required under subsection (1).

Scrutineers

14 (1) For the purpose of assisting the Registrar in preparing draft registers and the parliamentary registers there shall be appointed annu ally for each constituency two scrutineers, who shall be persons regis tered as electors in that constituency and who shall not be members of either House of the Legislature or public officers.

(2) Every scrutineer appointed under this section shall be so appointed by the Governor acting upon the recommendation of the Pre mier in respect of one such scrutineer for each constituency and upon the recommendation of the Opposition Leader in respect of the other such scrutineer.

(3) It shall be the duty of the two scrutineers to examine the draft registers of the constituency for which they are appointed, to con sult together in order to advise the Registrar as to any alteration which ought in their opinion to be made in order to ensure its accuracy and in particular in order to remove therefrom the names of any persons who have died, who have ceased to be ordinarily resident in Bermuda, who are disqualified by reason of serving a term of imprisonment or who have ceased to be ordinarily resident in the constituency for which they are registered as electors.

(4) If the scrutineers are unable to agree on the advice they shall give to the Registrar then they shall each advise him separately.

(5) If for any reason only one scrutineer advises him, then the Registrar shall consider that advice.

(6) On receipt of advice from the scrutineers the Registrar may in his discretion amend a draft register.

(7) If for any reason the Registrar receives no advice from scru tineers then he shall act without such advice.

Publication of draft registers

15 (1) The Registrar shall publish the draft registers by�

(a) making copies thereof available for inspection at his of fice;

(b) as soon as practicable making copies of the draft regis ters available at police stations, post offices and such other places as the Registrar may select in each con stituency; and

other evidence before him, be sufficient evidence to the facts stated therein.

(7) If requested by an objector, the Registrar shall inform him of his decision upon his objection and shall if requested by the objector give his reasons for making the decision.

Corrections to the draft registers

20 The Registrar shall make alterations to the draft registers �

(a) to carry out a decision with respect to any claim or ob jection;

(b) to correct any clerical error;

(d) to delete the name of any person who the Registrar is satisfied is dead.

Other corrections to the draft registers

21 (1) Where it appears to the Registrar that it is necessary to make any alteration to the draft register, other than an alteration made as a result of a claim or objection to the draft register, in order to ensure that no person is incorrectly registered, or registered when not entitled he shall send to the person affected by the alteration a notice stating the proposed alteration and shall give him an opportunity within fourteen days from the date of such notice of objecting to the alteration and, if necessary, of appearing and being heard in accordance with section 19.

(2) After the said fourteen days the Registrar shall make such alteration, if any, as seems to him to be necessary.

Publication of parliamentary registers

22 (1) So soon as may be after claims and objections to the draft registers have been decided, the Registrar shall publish the parliamen tary registers by �

(a) making copies available for inspection at his office;

(b) making further copies available at police stations, post offices and such other places as he may select in each constituency; and

(2) The parliamentary registers shall be kept available for in spection until the coming into force of the next registers.

Corrections to the parliamentary registers

23 (1) Sections 20 and 21 (except as respects alterations arising out of claims and objections) shall have effect for the making of alter ations to the parliamentary registers as those sections have effect for the making of alterations to the draft registers.

(2) Without prejudice to subsection (1), where a parliamentary register as published does not carry out the intention of the Registrar be cause there has not been included therein the name of any person shown in the draft parliamentary register as a person entitled to be reg istered then (subject to the decision on any appeal from a decision on a claim or objection) the Registrar on becoming aware of the fact shall make the necessary correction in the register.

(3) No alteration shall be made in a parliamentary register as published otherwise than under this section or the provisions of section 24 relating to appeals.

(4) An appeal shall lie to the Supreme Court from any decision under this section of the Registrar to make or not to make an alteration in a parliamentary register as published and section 24(3), (4), (5), (6), (7) and (8) shall apply to any such appeal.

(5) Where the Registrar makes an alteration in a parliamentary register pursuant to subsection (2), he shall�

(a) send to the person affected by the alteration and, if he gives effect to a decision on an objection, to the objector a notice stating the alteration;

(b) make a copy of the alteration available for inspection at his office;

(c) make copies of the alteration available for inspection at police stations, post offices and such other places at which copies of the register to which the alteration re lates have been made available for inspection;

(d) send a copy of the alteration to every political party.

(6) Copies of alterations made available for inspection under this section shall be kept available for the same length of time as the parliamentary register is kept published.

Appeals to the Supreme Court

24 (1) Where any person is aggrieved because his name does not appear in a particular parliamentary register or because some person's name does appear in such a register then subject to this section he may within thirty days of the publication of the register appeal to the Supreme Court.

(2) No appeal under this section shall lie�

(a) by any person on the grounds that some other person's name appears on the parliamentary register of a partic ular constituency if that person's name appeared on the draft register of that constituency and he made no ob jection under section 17; or

(b) by any person whose name has been omitted from the parliamentary register of a particular constituency if his name did not appear in the draft register of that con stituency and he made no objection under section 18.

(3) An appeal under this section shall be heard in chambers at a time appointed by the Court for that purpose of which due notice shall be given to the appellant, the Registrar and any other person appearing to be concerned.

(4) Upon the determination of an appeal the Court shall give such directions in the matter as appear to it to be just and necessary for the disposal of the issue arising thereupon and the Registrar shall give effect to any such directions.

(5) The costs of the appeal shall be within the discretion of the Court.

(6) The decision of the Court on any appeal under this section shall be final and conclusive.

(7) No person registered in a parliamentary register shall be precluded from voting at any parliamentary election by reason only that an appeal is pending under this section.

(8) The Chief Justice may make rules governing the practice and procedure in relation to appeals under this section.

(9) Such rules shall not be subject to section 6 of the Statutory Instruments Act 1977 [title 1 item 3].

Voter's identification card

25 (1) Any person whose name is on a parliamentary register may apply to the Registrar for a voter's identification card and if such a per son satisfies the Registrar that he is so registered he shall issue him with such a card which shall be valid for ten years.

(2) The Registrar may issue a voter's identification card to re place a valid card already issued to a person registered in a current par liamentary register, if he is satisfied that the card has been lost or stolen and is unlikely to be found or recovered, or that it has been completely destroyed, mutilated or is in such a condition as to require replacement or that the name of the person to whom the card relates has changed.

(3) Every replacement voter's identification card issued under subsection (2) shall have written on it "replacement card" and the Regis trar shall place an "R" against the elector's name in the parliamentary register and on the voter's list.

(4) Every person found in possession of a voter's identification card other than his own without lawful excuse commits an offence:

Punishment on summary conviction: a fine of $500.

(5) A voter's identification card which shall be in such form as the Governor shall prescribe, shall show the date of birth of the elector to whom it is issued and shall have attached to it a photograph of the elec tor taken without charge under arrangements made by the Registrar.

(6) An elector shall sign any voter's identification card issued to him in the space provided for his signature.

Preparation of new parliamentary registers after report of a Bound aries Commission

26 (1) In addition to the parliamentary registers prepared by virtue of section 7 whenever the Governor has made an order under section 54(6) of the Constitution [title 2 item 1] giving effect to the report of a Constituency Boundaries Commission, either with or without amend ment, the Registrar shall prepare new parliamentary registers based on the constituencies determined in the Governor's order (hereinafter re ferred to as the "new registers" and the "new constituencies").

(2) The Registrar shall prepare new registers on each occasion he prepares parliamentary registers until by virtue of subsection (6) the new registers become the parliamentary registers.

(3) In the preparation of the new registers the Registrar shall in clude the names of all persons qualified for registration in the new con stituencies as shown in the current general register.

ficer" means the Justice or Justices of the Peace charged with the duty of executing a writ of election.

(2) Where two or more Justices of the Peace are charged with the duty of executing a writ of election, then so far as is reasonably practicable and subject to this Act they shall act jointly in the discharge of that duty, but the exercise of the powers conferred upon Returning Officers by this Act by any one or more of the Justices so charged shall be as valid and effectual as the exercise of those powers by all of them and no proceedings relating to a parliamentary election shall be liable to be impugned on the ground that anything required or authorized to be done by, to or before the Returning Officer was done by, to or before one or more but not all of the Justices.

(3) The Returning Officer after consultation with the Registrar may appoint one or more persons approved by the Registrar as presiding officers to assist him in the discharge of his duties and in particular may appoint any one of them to preside at the election room during any tem porary absence of the Returning Officer therefrom and any presiding offi cer so appointed shall on behalf of the Returning Officer exercise such powers and perform such duties as he may be authorized to exercise and perform by the Returning Officer.

(4) The Registrar may, subject to this Act, give Returning Offi cers generally or any particular Returning Officer such directions as he may think necessary and appropriate for ensuring the efficient and or derly conduct of any parliamentary election and it shall be the duty of each Returning Officer to conform to any directions so given.

Notice of election

30 (1) On the issue of every writ of election, the Deputy Governor shall notify the Registrar and the Registrar shall forthwith give notice of the issue of the writ by publication in two successive issues of the Gazette and in at least one other newspaper circulating in Bermuda.

(2) Every such notice shall specify the nomination day and the polling day and the location of the election room appointed for the par liamentary election.

Delivery of parliamentary registers etc. to Returning Officer

31 (1) Before eleven o'clock in the forenoon of nomination day in any parliamentary election the Registrar shall deliver to the Returning Officer the parliamentary register of the appropriate constituency and shall also furnish him with a copy of the voters' list for that constituency certified under his hand to be correct.

(2) The Returning Officer shall retain the parliamentary register in his custody until the conclusion of the parliamentary election and shall then deliver it back to the Registrar.

PART V

NOMINATION PROCEDURE

Nomination of candidates

32 (1) The Returning Officer shall attend at eleven o'clock in the forenoon on the nomination day appointed by the writ of election at the election room appointed for the parliamentary election and shall there until one o'clock in the afternoon, but no later, accept nominations of candidates in accordance with subsection (2).

(2) The Returning Officer shall accept the nomination of a per son as a candidate if, and shall not accept such nomination unless �

(a) the nomination of that person is written on a separate paper (hereinafter referred to as a nomination paper) in the prescribed form or is, in the opinion of the Returning Officer, substantially in that form;

(b) the nomination paper is signed in duplicate by two par liamentary electors whose names are included in the parliamentary register for the constituency concerned, one as proposer and one as seconder, neither of whom has proposed or seconded the nomination of another candidate at that parliamentary election;

(d) the nomination paper is delivered in duplicate to the Returning Officer either by the intended candidate or by his proposer or seconder at the place and between the hours specified in subsection (1);

(e) in the case of concurrent parliamentary elections in more than one constituency, the intended candidate is nominated as a candidate in no other constituency and in the case of a bye-election is not already a member of the House of Assembly or a member of the Senate;

(f) the intended candidate or someone on his behalf has deposited in the Consolidated Fund the sum of two
hun dred and fifty dollars and in proof thereof delivers or causes to be delivered to the Returning Officer an official receipt therefor signed by the Accountant General or an authorized officer of his Department, showing that such sum has been deposited for the purposes of that per son's candidature at that parliamentary election; and

(g) the nomination paper is signed by the intended candi date to denote his acceptance of candidature in that constituency and no other.

(3) Where a candidate is endorsed by a political party and wishes to have the name of that party shown in the election documents relating to him, there shall be delivered to the Returning Officer along with his nomination paper a letter from or on behalf of the chairman of the party stating that the candidate is endorsed by the party, and a can didate in respect of whom the provisions of this subsection are satisfied is in this Act referred to as a "party candidate".

(4) A candidate in respect of whom the provisions of subsection (3) are not satisfied (in this Act referred to as an "independent candi date") shall be described in the election documents relating to him by the word "independent".

(5) It shall not be necessary for a nomination paper to be sub scribed in the presence of the Returning Officer.

(6) At the time an intended candidate's nomination paper is lodged with the Returning Officer or at some time before the polling day, the Returning Officer shall be informed in writing of the names of the persons (hereinafter referred to as "election agents" or "agents") who will represent him, or where he is a party candidate, the party endorsing him, in the election room in accordance with paragraph (2) of rule 4 of the Rules contained in the Schedule.

(7) The Registrar shall make arrangements to supply nomina tion papers in the prescribed form free of charge to parliamentary elec tors at his office during the period commencing with the first day on which a notice of a parliamentary election is published pursuant to sec tion 30 and ending with the nomination day and shall furnish the Re turning Officers with stocks of such forms for use at the election rooms during the nomination period; but any failure to make such arrange ments shall not affect the validity of any parliamentary election and the use of the prescribed forms shall not be obligatory, so however that each nomination paper actually used is substantially in the form prescribed.

Uncontested elections

33 Where at the close of the period for the acceptance of nomination for candidates at any parliamentary election in a constituency the num ber of persons duly nominated as candidates does not exceed the num ber of vacancies to be filled at that election, then the Returning Officer shall forthwith declare such duly nominated person or persons to be elected and shall return their name or names, as the case may be, into the office of the Deputy Governor with the writ of election duly completed and signed by him.

Bye-election to fill unfilled vacancies

34 (1) Where the number, if any, of persons returned uncontested as members in accordance with section 32 is less than the number of vacancies to be filled at the parliamentary election in the constituency concerned, then a bye-election shall ensue within the next succeeding period of two months to fill any vacancy not duly filled at such parlia mentary election.

(2) The Returning Officer shall forthwith report to the Deputy Governor and the Registrar the circumstances giving rise to a bye-elec tion under subsection (1).

PART VI

CONTESTED ELECTIONS

Special interpretation of Parts VI and VII

35 (1) Subject to subsection (2), any reference in this Part or Part VII to a parliamentary elector or to the parliamentary register shall be construed as the case may be as a reference to a parliamentary elector or to the parliamentary register for the constituency in respect of which the parliamentary election is being held.

(2) Where the writ of election is addressed to two or more Justices of the Peace, each of those Justices may if so directed by the Regis trar assume particular responsibility for the taking of the poll in relation to a particular part of the parliamentary register including the supervi sion and control of a separate ballot box in relation to that part and in that event all references in this Part and in the Rules contained in the Schedule to the Returning Officer, a parliamentary elector, a ballot box, the parliamentary register or ballot paper or a polling place within the election room shall be construed as references to the particular Justice of the Peace and to those matters within his responsibility for the taking of the poll in relation to that particular part
only of the parliamentary reg ister, unless the context otherwise requires.

Taking a poll in contested election

36 (1) Subject to section 38, where at the close of the period for the acceptance of nominations of candidates at a parliamentary election in a constituency, the number of persons duly nominated as candidates exceeds the number of vacancies to be filled at that election, then a poll shall be taken at the election room on the polling day therefor.

(2) In the taking of a poll at a parliamentary election the voting shall be by ballot and �

(a) every parliamentary elector desiring to vote at the elec tion shall have facilities for voting in secrecy, freely and without interference; and

(b) every parliamentary elector who votes at the election shall do so in secrecy, freely and without interference.

(3) Every parliamentary elector whose name appears in the parliamentary register for a constituency in respect of which a contested parliamentary election is held shall, if he is in employment, be entitled to receive from his employer without penalty sufficient time off work on the polling day to enable him to travel to the election room and there record his vote.

Withdrawal of candidate

37 (1) No person whose nomination as a candidate for a parlia mentary election has been duly accepted by the Returning Officer may withdraw from the election except by means of a written notice signed by him and delivered to the Returning Officer not less than two clear days, excluding any excepted days, before the polling day for such election, unless the effect of his withdrawal is to render the taking of a poll in such election unnecessary in which event such person may so withdraw by delivering such notice to the Returning Officer at any time before the polling day.

(2) On receipt of a notice of withdrawal in accordance with subsection (1) the Returning Officer shall forthwith publish the notice of withdrawal in the constituency concerned and shall, subject to subsec tion (3), make arrangements for the preparation of new ballot papers or, if the circumstances do not so allow, for the amendment of existing ballot papers, so that the poll may take place on the polling day.

(3) Where a withdrawal from election pursuant to subsection (1) renders the taking of a poll in the parliamentary election unneces sary, the Returning Officer shall as soon as may be on the polling day declare the candidate or candidates for election in the constituency who have not withdrawn to be elected and shall return their name or names as the case may be into the office of the Deputy Governor with the writ of election duly completed and signed by him.

Death of candidate

38 (1) Where under section 36 a poll is required to be taken in a parliamentary election in a constituency and before the close of the poll in that election a person duly nominated as a candidate in that election dies, then the parliamentary election in that constituency shall be void and shall be so declared by the Returning Officer and a bye-election shall ensue within the next succeeding period of two months to fill the vacancy or vacancies existing at that time of the issue of the relevant writ of elec tion.

(2) The Returning Officer shall forthwith report to the Deputy Governor and the Registrar the circumstances giving rise to a bye-elec tion under subsection (1).

Duration of poll

39 (1) Subject to sections 40 to 42, the poll in a parliamentary election shall be taken on the polling day between the hours of ten o'clock in the forenoon and seven o'clock in the afternoon.

(2) If at the hour of closing of the poll there are any electors in the election room, or in line at the door, who are qualified to vote and have not been able to do so since their arrival at the election room, the poll shall be kept open a sufficient time to enable them to vote before the outer door of the election room is closed, but no person who is not actu ally present at the election room at the hour of closing shall be allowed to vote, even if the poll is still open when he arrives.

Advanced polls for sick, infirm and absent voters

40 (1) Where any parliamentary elector who is duly registered in the parliamentary register for a constituency in which a parliamentary election is pending is or is likely to be on the polling day an inmate of any institution registered under subsection (4) and to be prevented by illness, infirmity or disability from travelling to the election room, it shall be lawful for such parliamentary elector to record his vote at an ad vanced poll to be held for that purpose at such institution on such date prior to the polling day as shall be appointed by the Registrar.

(2) Where any parliamentary elector who is duly registered in
the parliamentary register for a constituency in which a parliamentary election is pending expects to be absent from Bermuda on the polling day, he may apply to the Registrar for a certificate of intended absence, and the Registrar, if satisfied that the application is made in good faith, shall thereupon issue him with a certificate under his hand for the pur pose of enabling him to vote at an advanced poll, stating the name of such parliamentary elector and the fact that he intends to be absent from Bermuda on the polling day.

(3) An advanced poll for parliamentary electors intending to be absent from Bermuda shall be held at such place, and on such date not earlier than seven days prior to the polling day, as the Registrar may by notice published in the Gazette appoint for the purpose, and it shall be lawful for every such parliamentary elector on production of a certificate issued under subsection (2) to record his vote at such advanced poll.

(4) Any hospital, home for the aged or other institution for the treatment of any chronic illness or disability with permanent accommo dation for five or more patients may apply to the Registrar for registration for the purposes of subsection (1) and the Registrar may, if he is satisfied that it is reasonable to hold an advanced poll in such place, so register it.

(5) The Registrar shall invite the attendance at any advanced poll of one representative from each party which has candidates at the forthcoming election and such representative shall be deemed to be an election agent for the purposes of section 50.

Advanced polls for incapacitated voters

41 (1) Without prejudice to section 52 where any parliamentary elector who is duly registered in the parliamentary register for a con stituency in which a parliamentary election is pending is unable or likely to be unable by reason either of illness, infirmity or disability to travel to the election room, it shall be lawful for such parliamentary elector to record his vote at an advanced poll to be held for that purpose at such place, and on such date not earlier than seven days prior to the polling day, as the Registrar may by notice in the Gazette appoint for the pur pose.

(2) For the purpose of voting at any advanced poll held as above, such parliamentary elector must apply to the Chief Medical Offi cer for a specially issued card certifying incapacity and the Chief Medical Officer, if satisfied that the applicant is incapacitated, shall thereupon issue him with such a card under his hand for the purpose of enabling him to vote at an advanced poll, stating the name of such parliamentary elector and the fact that he is incapacitated.

(3) Any parliamentary elector desiring to vote at any advanced poll held as above shall upon the production of a specially issued card certifying incapacity under this section be allowed to vote in like manner as he would have been entitled so to do on the day appointed for the taking of the poll.

Conduct of advanced polls

42 (1) At any advanced poll held in accordance with section 40 or 41 a separate ballot box shall be provided for each constituency and at the close of such advanced poll the ballot papers in each box shall with out any examination be placed in separate packets and sealed by the of ficer conducting the poll, each packet clearly designating the number of ballot papers it contains and the constituency to which it relates.

(2) Each sealed packet of ballot papers 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 parliamentary election concerned to the Returning Of ficer for the constituency to which the packet relates.

(3) The Returning Officer shall open every packet of ballot pa pers delivered to him pursuant to subsection (2) immediately before the commencement of the poll in the presence of any persons who are law fully in the election room at that time and shall place the ballot papers without examining them in the ballot box at his poll before he locks it up and places his seal upon it as provided in the Schedule.

(4) For the avoidance of doubt it is hereby declared that the other provisions of this Act applying to parliamentary electors, to voting procedure and to parliamentary elections shall apply so far as is conve nient to the taking of an advanced poll under this section, section 40 and section 41 as they apply to the taking of a poll at an election room.

General duties of Returning Officer as to taking of poll

43 (1) The Returning Officer or a presiding officer appointed under section 29(3) shall be present at the election room throughout the taking of the poll and the counting of votes and shall conduct and have charge of the proceedings and it shall be his duty to keep good order in and about the election room during the proceedings.

(2) If any person during a parliamentary election misconducts himself in or about the election room or fails to obey the lawful order of the Returning Officer, he may immediately by order of the Returning Of ficer be removed from the election room or the vicinity thereof by any po lice officer or other person authorized by the Returning Officer to remove him:

Provided that the powers conferred by this subsection shall not be exercised so as to deprive any parliamentary elector who is entitled to vote at a parliamentary election of his opportunity so to vote.

Adjournment of poll in special circumstances

44 (1) Where the proceedings at an election room on polling day in a parliamentary election are interrupted or obstructed by general dis order or by any other circumstances beyond the control of the Returning Officer which, in his opinion, makes it impracticable to continue the taking of the poll, he may adjourn the proceedings until the hour of ten o'clock in the forenoon of the following day not being an excepted day and in that event he shall inform the Registrar forthwith of his decision, shall seal up the ballot boxes effectively and ensure that they are so stored as to be free from interference and shall take every practicable step to bring the adjournment to the attention of the public in the con stituency.

(2) Where the poll is adjourned pursuant to subsection (1) the hours of polling on the day to which it is adjourned shall be the same as for the original day and the other provisions of this Act shall apply mu tatis mutandis to the taking of such adjourned poll.

Rules for taking a poll

45 The Rules contained in the Schedule shall have effect with re spect to the taking of the poll at a parliamentary election:

Provided that no parliamentary election shall be declare void by reason of a failure to comply with any such rule if it appears that the poll was conducted substantially in accordance with section 36(2) and that the failure to comply did not affect the result of the election.

Ballot papers

46 (1) The ballot of each voter at a parliamentary election shall consist of a paper, hereinafter called a ballot paper, in the prescribed form, showing the full names of all the nominated candidates in alpha betical order impressed with the official mark in accordance with sub section (3).

(2) There shall be shown on the election documents relating to a candidate, in addition to his name�

(a) where he is a party candidate, the name of his political party;

(b) in any other case, the word "Independent".

(3) The Returning Officer shall, at the time he issues a ballot paper in accordance with section 48, impress the official mark on the back of the ballot paper.

(4) The official mark shall be of such design and shall be im pressed by use of such instruments as may be approved by the Regis trar.

(5) All Returning Officers and other persons concerned with parliamentary elections shall comply with such directions as may be given by the Registrar regarding the safe custody of any instrument for impressing the official mark.

Premises not to be used as committee rooms

47 (1) No premises which are situated above, below, adjacent to or within the same curtilage as the election room shall be used by any per son at any time on the polling day in a parliamentary election for any of the purposes of a committee room.

(2) Any person who uses or permits any other person to use any premises in contravention of subsection (1) commits an offence:

Punishment on summary conviction: a fine of $500.

(3) In this section, "the purposes of a committee room" means any of the purposes of a political party or other association of persons interested or concerned in promoting the election of any candidate nomi nated in any parliamentary election.

PART VII

VOTING PROCEDURE

Issue of ballot papers

48 (1) Subject to sections 49 and 50 every person whose name is registered in the parliamentary register for a constituency in which a poll is taking place shall, upon application therefor be given one ballot paper by the Returning Officer and shall be allowed to vote thereat.

(2) It is hereby declared that nothing in subsection (1) shall �

(a) entitle any person to vote at a parliamentary election who is not so entitled by section 4; or

(b) relieve any person from any punishment to which he may be or become liable under this Act for so voting.

Identification of intending voters

49 (1) A person shall not be given a ballot paper and shall not be allowed to vote at a parliamentary election unless�

(a) he produces to the Returning Officer one of the following documents issued to him�

(i) a valid and signed voter's identification card;

(ii) a current Bermudian driving licence;

(iii) a valid special person's card issued by the Transport Control Board;

(iv) a valid passport issued by a Commonwealth country; or

(v) any other document of identity of a type pre scribed; and

(b) the Returning Officer is satisfied that the documents produced relate to that person and that he is registered in the parliamentary register for the constituency and that he has not already voted in the parliamentary elec tion.

(2) Notwithstanding anything contained in subsection (1), in any case where a driving licence, a special person's card or a passport produced by a person as a means of identification is defective only be cause it bears a date or date stamp showing that it expired three months before the date of production such document shall still be accepted as valid or current as the case may be.

Challenge of intending voters

Bermuda Consolidated Legislation

Parliamentary Election Act 1978