Parliamentary Election Rules 1979

BERMUDA STATUTORY INSTRUMENT

BR 30/1980

PARLIAMENTARY ELECTION RULES 1979

[made under section 76 of the Parliamentary Election Act 1978 [title 2 item 11] and brought into operation on 3 January 1980]

Citation

1 These Rules may be cited as the Parliamentary Election Rules 1979.

Forms

2 The forms in the First Schedule shall be used in connection with the provisions of the Act referred to in each form.

Fees

3 The fees set out in the Second Schedule shall be paid to persons not in Government service who discharge duties in connection with parliamentary elections.

FIRST SCHEDULE

Form 1

Form to be Completed by Householders

(Section 12 (2) )

Qualifying date 15th January, 19 [blank]

I have to compile and publish a register of electors for 19 [blank]
To do so I need information which you as a householder or person owning or occupying premises are obliged by law to supply.

Registers of Electors are needed so that everybody entitled to vote in an election may do so. A person whose name does not appear in the Register cannot vote.

The following notes tell you how to fill out the form but if you need further help, I or one of my officers will be glad to give it.

Please complete the form NOW and post it to me IMMEDIATELY.

There is no need to put a postage stamp on it.

Parliamentary Registrar

NOTES:

You should complete the form in respect of any person you believe is eligible to vote who is or will be normally living on the premises or was living on them on the 15th January, 19[blank] even if he is temporarily away on holiday, on business or as a student. Persons to be included on the form are Commonwealth citizens who are eighteen years of age or over, or will be eighteen years of age on the 16th June, 19[blank]^* and either—

(i) where born Bermudian or have been granted or otherwise obtained Bermudian status; or

(ii) were registered as electors on the 1st May, 1976.

[Notes amended by 1989:57 effective 1 January 1990]

Address

No. or name of apartment where applicable

Name of house or Number if numbered

Name of street or road

Remainder of address including postal code

Land valuation assessment No.

Residents believed to be eligible including householders. (See notes)
SURNAME and title (Mr. Mrs. etc.) (BLOCK LETTERS)	Full Christian names or forenames (BLOCK LETTERS)	Date of Birth	If at present on a parliamentary register state which con sti tu ency	[1]*	[2]**

* [1] If a born Bermudian or person with Bermudian status enter "B" in this column

** [2] If Not a Bermudian enter have [sic] whether to your knowledge—

(a) he was resident in Bermuda prior to 1st May, 1976; and

(b) on that date was registered as an elector

Other residents:

Is any part of your house/apartment separately occupied by persons not entered above whom you believe may be eligible to vote. Please answer yes or no.

Declaration:

I declare that to the best of my knowledge and belief the particulars given above are true and accurate and all those whose names are entered above are Commonwealth citizens.

Sign here:

Date:

Form 2

Declaration to be made before Registrar if so required by person wishing to be registered as an elector

(Section 13 (1) )

I do swear/I do solemnly and sincerely affirm and declare that the following particulars relating to my qualifications to be registered as an elector are true and that the attached copy of a birth certificate is a true copy of my birth certificate (A).

PART I

I, (full name) of (residential address) on applying to be registered in the parliamentary register of the constituency in which I live, declare that —

(a) I am a Commonwealth citizen.

(b) I possess Bermudian status under the provisions of the Bermuda Immigration and Protection Act 1956. (See note (B) ).

(d) I will have attained the age of eighteen years before the 15th January next. [amended by 1989:57 effective 1 January 1990]

(e) I am not registered in the parliamentary register of a constituency and I have no other application for registration as a parliamentary elector under consideration by the Parliamentary Registrar or on appeal.

(f) I am not disqualified for registration in a parliamentary register. (See note (C) ).

(g) I have answered the questions in Part II of this Form which apply to me to the best of my knowledge, information and belief.

Date [blank] (Signature) [blank]

Note:

A. To be deleted if Registrar does not require to see birth certificate.

B. Applicants possessing Bermudian status should delete (c);
applicants not possessing Bermudian status should delete (b).

C. A summary of the provisions relating to the disqualification for registration as a parliamentary elector are set out after Part II of this Form. _

PART II
Questions to be answered by the Applicant

1 Where were you born?

2 On what date were you born?

3 Were you born In Bermuda? (Answer "Yes" or "no")

4 If Bermudian status was granted to you, what was the date of the grant?

5 If you do not have Bermudian status were you registered as a voter on the 1st May, 1976 and if so in what constituency?

(Answer "Yes" or "no")

6 In what Constituency do you now reside?

7 Describe briefly the location of your residence in the Constituency and its Postal Code

DISQUALIFICATION FOR REGISTRATION

(See note (C) )

A person is disqualified for registration in a parliamentary register of any Constituency if —

(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, preventive detention or corrective training the adjudged term of his sentence has not yet expired, whether or not be 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; or

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

Form 3
Bermuda Voter's Identification Card
(Section 25(5))

Photo

Parliamentary Registrar

Name
Date of birth

Date of issue

Signature

Form 4
Nomination Paper

(Section 32 (2))

We the undersigned (full name of proposer) of (residential address) and (full name of seconder) of (residential address), being parliamentary electors of the [blank] constituency, do hereby, as proposer and seconder respectively, nominate the following person as a proper person to serve as member for the said constituency in the House of Assembly and certify that he is not nominated for any other constituency and neither of us has nominated any other candidate at this parliamentary election.

Surname

Other Names

Residential Address

Profession or Occupation

(Signed)
Proposer

Seconder

Dated this [blank] day of [blank] 19 [blank]

I accept candidature for the forthcoming parliamentary election in the above constituency and no other. ^*I wish it to be shown in all the election documents that I am standing for election on behalf of the [blank}. Party, and I attach a letter from/on behalf of the chairman of that Party showing that my candidature is endorsed by that Party.

^*(Delete if not appropriate)

Signed

Prospective Candidate.

Dated this [blank] day of [blank] 19 [blank]

N.B. Attention is drawn to the provisions of the Legislature (Qualification and Disqualification) Act 1968, which require an undertaking to be given by persons holding or acting in a "prescribed office" within the meaning of that Act as a condition of standing for election.

Form 5
Ballot Paper
(Section 46)

The voter should make one cross opposite the name of not more than one/two^* candidates.

NAMES OF CANDIDATES

James John Hunt	**
Samuel John	**
John Peters	**
John Roe	**
James Smith	**
Peter Swan	**

***

^*To be printed in terms to suit the circumstances.

^**Here print the political party of the candidate if he is a party candidate; otherwise print "Independent".

Form 6
Declaration of Intending Voter

(Section 50)

I, (full name) of (address) do solemnly declare that —

(1) I am registered in the parliamentary register of the [blank] constituency.

(2) I have read (or have had read to me) and understand the provisions relating to the qualifications and disqualifications of parliamentary electors set out below.

(3) I am entitled to vote at this parliamentary election in this constituency.

Dated this [blank] day of [blank] 19 [blank]

Signed and declared by the above named (full name) in the presence of [blank]

(Signature of declarant)

Returning Officer

Provisions related to Qualifications and
Disqualifications of Electors

1 Subject to the provisions of paragraph 2 below, a person shall be entitled to vote at a parliamentary election in a constituency if on the polling day he is registered in the parliamentary register for that constituency.

2 A person shall not be entitled to vote at a parliamentary election In any constituency if —

(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 of the Parliamentary Election Act 1978; or

(e) he is in prison or detained in a senior training school or, he having been sentenced to a term of imprisonment, preventive 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; or

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

Form 7
(Section 52)

Oath to be taken by an elector who is blind, unable to read or so physically incapacitated as to be unable to vote in the manner prescribed by section 51

I do swear/I do solemnly and sincerely affirm and declare that I am incapable of voting without assistance by reason of being blind/ unable to read/so physically incapacitated as to be unable to vote in manner prescribed by section 51^*.

Sworn before me [blank]

Returning Officer for the [blank] Constituency.

Date [blank]

SECOND SCHEDULE (Rule 3)

The following fees shall be payable to the following persons not in the Government Service discharging duties in connexion with a parliamentary election—

Scrutineers:		$10.00 per meeting
Returning Officers:		$250.00 a contested election
Returning Officers:		$75.00 an uncontested election
Returning Officers:		$100.00 an advanced poll
Presiding Officers:		$10.00 per hour for discharging duties on polling day between the hours of 9:00 in the forenoon and 7:00 in the afternoon and thereafter when reques ted by the Returning Officer to assist in the counting of ballots $15.00 per hour
Presiding Officers:		$50.00 an advanced poll
Other persons employed temporarily to assist in the election procedure:		$8.00 per hour.

[Second Schedule replaced by BR 36/1994 effective 8 July 1994]

[Amended by

^*A person will be eligible to vote if he is eighteen years old on polling day.

^*The voter should only be required to repeat the incapacity from which he is suffering.

Bermuda Consolidated Legislation

Parliamentary Election Rules 1979