Guyana: Electoral law, 1964

An Act to make provision for the election of members of the National Assembly under a system of Proportional Representation and for purposes connected therewith.

 (25TH, SEPTEMBER, 1964)

1. This Act may be cited as the Representation of the People Act.

 2.

1. In this Act
"carriage" includes a mechanically propelled vehicle;

 "certificate of employment" means a certificate issued under section 29(4);

 "Commission" means the Elections Commission established by article VII of the Constitution;

 "disciplined force" has the same meaning as in article 154 of the Constitution, and for the removal of doubts, it is hereby declared that that expression includes the Guyana National Service

 "district" means a polling district constituted under section 6(1);

 "division" means a polling division as defined by section 6(2)

 "election" means an election in accordance with the Constitution of members to the National Assembly, and "elector" shall be construed accordingly;

 "election day", in relation to any election, means the day appointed under article 61 of the Constitution for the holding of the election;

 "election expenses declaration" means a declaration as to election expenses as required by section 108;

 "election officer" means-

 

1. the Chief Election Officer;

 

2. a returning officer;

 

3. a deputy returning officer;

 

4. an election clerk;

 

5. a presiding officer;

 

6. an assistant presiding officer;

 

7. a poll clerk;

 

"elector", in Parts IV, V, VI, VII, LVIII and IX, means an elector whose name is on the official list of electors;

 "Form" means Form in the Schedule;

 "group of candidates" means the candidates named in a list of candidates:

 "Guyana National Service" means the organisation known as the Guyana National Service and established by the Government

 "identity paper" means an identification card issued under the National Registration Act and includes a replacement identification card so issued;

 " member", in relation to a disciplined force, has the same meaning as in article 154 of the Constitution, and, for the removal of doubts it is hereby declared that, in relation to the Guyana National Service, that expression includes every person who is an officer or other employee of that Service and every person who is enlisted therein

 "official list of electors" means the official list of electors for a polling division as prescribed by subsection (3);

 "official mark" means such official mark as the Chief Election Officer shall approve for the purpose of stamping ballot papers;

 "payment" includes any pecuniary or other reward;

 "personal expenses", in relation to the expenses of a candidate, includes his reasonable traveling expenses and the reasonable expenses of his living at hotels or elsewhere for the purposes of and in relation to the election:

 "poll" means the poll, by voters whose names are on the official lists of electors, for the purpose of any election;

 "presiding officer" means-

 

1. a presiding officer of a polling place;

 

2. an assistant presiding officer;

 

"Registration card" has the same meaning as in the National Registration Act;

 "Returning officer" means-

 

1. a returning officer of a polling district;

 

2. a deputy returning officer.

 

"region" means any of the ten regions which may be established under article 72(1) of the Constitution.

 

2. In this Act the expression "committee room" does not include any house or room occupied by a candidate at an election as a dwelling, by reason solely of the candidate there transacting general business with his agents in relation to the election; nor shall any room or building be deemed to be a committee room for the purposes of this Act by reason only of the candidate or any agent of the group of candidates addressing therein electors, committee men, or others.

 

3. The official list of electors for any division shall be the preliminary list of the electors resident in that division, prepared before election day in pursuance of section 14 of the National Registration Act or last prepared in pursuance thereof before such day, as the case may be, but with every such modification as may be necessary to bring that list into conformity with the divisional register-

 

1. as altered under section 15(6) of the National Registration Act to give effect to claims and objections finally determined before the said election day;

 

2. pursuant to any alteration thereto made under section 8 of the National Registration Act, prior to compliance with section 34(2)(a)(iv) in respect of the said official list, for the purpose of changing the registered address of any elector's residence within Guyana or the registered name or occupation of any elector; or

 

3. pursuant to the cancellation of any elector's registration therein effected in contravention of section 11(1) of the National Registration Act, or relating to an elector who is dead, under section 8 of the National Registration Act, and every reference made to the official list of electors in the provisions hereinafter contained shall, in relation to any time on or before election day, be construed as a reference to such preliminary list as aforesaid with such modifications thereto (if any) as, at that time, shall have been made in conformity with this subsection.

 

4. In subsection (3) reference to a preliminary list is a reference to such list read in conjunction with any supplementary list prepared for a revision of that preliminary list pursuant to regulations made under the Act for the purpose of showing the aforementioned modifications.

 

1. An election shall be conducted by secret ballot in conformity with this Act.

 

2. Throughout Guyana, votes shall be cast in favour of lists of candidates published in accordance with section 19.

 

 5. Where under this Act any act is required to be done not later than a specified number of days before election day, the Minister may by direction under his hand, if he deems it requisite or desirable so to do, with the approval of the Commission extend the time allowed by reducing the number of days so specified; and the following provisions shall have effect in relation to that power-

1. the power may be exercised either generally or specially;

 

2. the power may be exercised so as to make valid anything already done after the expiration of the time allowed;

 

3. the Commission shall, as soon as practicable after any exercise of the power, publish in the Gazette a notification thereof, which shall include a brief statement of the reasons for, and the effect of, that exercise.

 

1. Guyana shall be divided into polling districts, each of which shall consist of such polling divisions, and be distinguished by such names as may be specified by order of the Minister.

 

2. Subject to any orders made by the Minister under subsection (1), every registration division as constituted under section 5(2) of the National Registration Act shall be a polling division for the purposes of this Act.

 

3. There shall be for each division such polling places as the returning officer of the district in which the division is situate, subject to the approval of the Chief Election Officer, may appoint; and each polling place shall bear such numerical or other designation as may be approved by the Chief Election Officer.

 

4. Where the Chief Election Officer is satisfied that it is impracticable to appoint a polling place within a division or any part thereof, be may appoint some other place in another division within the same district as a polling place at which electors of the first-mentioned division or that part thereof shall be entitled to vote.

 

5. The Chief Election Officer shall publish in the Gazette not later than the 20th day before election day a notice of any polling place appointed under subsection (4).

 

1. a Chief Election Officer;

 

2. for each district a returning officer and an election clerk;

 

3. for each polling place a presiding officer and a poll clerk;

 

4. such deputy returning officers, assistant presiding officers and other staff as may be necessary or desirable for the implementation of this Act.

 

1. Every election officer shall, before performing any of his functions under this Act, take and subscribe an oath in Form I before a Justice of the Peace or an election officer.

 

2. Every Justice of the Peace and every election officer is authorised and empowered to administer any oath required by or under this Act:

Provided that no election officer shall administer an oath until he has himself taken the oath prescribed in pursuance of subsection (1).

 

3. Forthwith upon taking the oath prescribed in pursuance of subsection (1), the returning officer of every district shall establish an office in his district and cause an advertisement to be inserted in a newspaper circulating in the district specifying the place at which he has established his office

 

9. The Minister shall, by notice published in the Gazette, appoint date for the day, being a day not later than the 32nd day before election day, on which lists of candidates may be submitted to the Chief Election Officer; and there shall be included in the notice particulars of the hours between which and the place at which the Chief Election Officer will attend to receive the lists.

 10. The Chief Election Officer shall attend in accordance with the notice given under section 9 to receive the lists of candidates; and no list shall be received at any other time or place.

 11.

1. A list of candidates may be submitted by not less than two hundred and not more than two hundred and twenty persons whose names appear at the time of submission on the preliminary list mentioned in section 2(3), whether or not that list has at that date been modified as required by that section and shall be handed together with one copy thereof to the Chief Election Officer by the representative or the deputy representative of the list or by two of the persons named as candidates on the list at the time and place appointed; and the Chief Election Officer shall forthwith cause the copy of the list to be posted in a conspicuous place outside his office.

 

2. A list of candidates shall be in Form 2; and the submission shall bear the signature of each person submitting the same together with his name and the serial number of his registration card:

Provided that if any such person is unable to sign his name, his mark, made against his name written by some other person, shall be deemed to be his signature for the purposes of this paragraph but not for the purposes of section 12

 

3. A list of candidates shall set out the names, one below the other in the alphabetical order of the surnames, of not less than 53 nor more than 65 persons who are qualified to be elected to the National Assembly and who have consented to the inclusion of their names in the list as candidates for election, together with the address and occupation of each such person.

 

4. Each list of candidates shall be accompanied by a statutory declaration, in Form 3, by each person named therein as a candidate Form 3. Of his qualifications and consent, made before a justice of the peace, commissioner of oaths, notary public or other person authorised by law to administer an oath in the place where the declaration is made.

 

5. Each list of candidates shall bear a title selected by the persons by whom it is submitted.

 

6. No person shall be a candidate on more than one list of candidates and no person shall be a signatory to more than one list.

 

7. For the avoidance of doubt it is declared that a person may be a signatory to a list of candidates notwithstanding that he is named therein as a candidate.

 

8. Stamp duty shall not be chargeable on any statutory declaration made for the purposes of this section.

 

9. In the event of the name of the person designated by any list of candidates as a Presidential candidate being deleted pursuant to section 21 from the list -
1. the representative of the list; or

 

2. if there is no representative or if the representative is unwilling or unable (by reason of absence, illness or any other cause) to act, the deputy representative of the list; or

 

3. in the case oœ any such unwillingness or inability on the part of the deputy representative or if there is no deputy representative, a majority of persons named as candidates in the list may designate in writing any such person able and willing to act, who shall forthwith and before election day, by written notice signed by him and delivered to the Elections Commission, amend the list by designating any person whose name remains as a candidate on the list as the Presidential candidate designated by that list.
10. On receipt of any notice of amendment pursuant to subsection (9), the Elections Commission shall forthwith and before election day give public notice of the amendment in such manner as it may in all the circumstances deem the most practicable, and with effect from the time when such notice is given the new Presidential candidate specified in the notice shall be the Presidential candidate designated by that

 

 14.

1. If it appears to the Commission that a list of candidates is defective, that is to say, that the list or its submission does not comply in all respects with the requirements of section 11(1), (2), (3), (4) and (5) or bears a misleading title, the Chief Election Officer shall, not later than the 30th day before election day, so inform the representative and the deputy representative of the list, specifying the defects:

Provided that if the list does not bear a title the Commission may, if it seems to them just and proper to do so, instead of treating the list as defective, allocate a title thereto.

2. If the name of any person appears as a candidate on two or more lists of candidates the Chief Election Officer shall-
1. not later than the 30th day before election day inform the representatives and deputy representatives of the lists concerned;
2. delete the name of that person from any list on which the Commission are satisfied he did not consent to the inclusion of his name;
3. delete his name from each list on which it appears if the Commission are satisfied that he consented to the inclusion of his name on more than one list.

 

3. If the name of any person appears as a signatory to the submission of more than one list, his signature shall be inoperative on any list other than the one first delivered to the Chief Election Officer and the Chief Election Officer shall delete his name from each other list, and if by reason of such deletion it appears to the Commission that any list is defective in that there remain less than two hundred signatories thereto, such list shall be treated as defective.

 16.

1. The representative and deputy representative of a list of candidates or either of them, may, not later than the 32nd day before election day, make application in writing addressed to the Chief Reg. Election Officer for the allocation of a symbol which shall be a symbol approved by the Commission.
2. Applications for symbols shall be considered by the Commission in the order in which they have been received but no right shall be conferred by priority of application to the allocation of the symbol for which application is made or for any particular symbol.

 

1. Subject to section 18 no list of candidates shall be valid Approval unless it has been approved by the Commission not later than the 28th day before election day.
2. If it appears to the Commission that a list of candidates is not defective or that defects in it have been cured by corrections submitted in accordance with section 15, they shall approve it and allocate thereto such symbol as they in their discretion decide; and if it appears to the Commission that a defective list has not been so corrected, they shall refuse to approve it.
3. Not later than the 28th day before election day, the Commission shall notify the representative and deputy representative of each list that the list is or is not approved and shall publicly declare the titles of the approved lists and the names of candidates thereon.
4. The refusal of the Commission to approve a list shall not be called in question in any court except by appeal under section 18, and the approval of a list by the Commission shall not be called in question in any court except in accordance with a law made under article 163 of the Constitution.

 

1. Where the Commission have refused to approve a list of candidates, the representative and deputy representative of the list, or either of them, may, not later than the 26th day before election day, appeal to the High Court against such refusal.
2. The High Court shall hear the appeal and deliver judgment within such time before election day as will enable the Commission duly to comply with the requirement of section 19 relating to publication of the list; and the judgment of the court shall not be subject to appeal.

 

3. The court may-
1. dismiss the appeal; or

 

2. approve the list to which the Commission have refused to give their approval; or

 

3. approve that list with such modifications as to the court may seem just;

 

and when the court approves a list, with or without modification, the list as approved by the court shall have effect as if it had been approved by the Commission under section 17.

 

 20. A list of candidates may be withdrawn by notice in writing addressed to the Chief Election Officer and signed by both the representative and deputy representative of the list:

Provided that a list shall not be withdrawn after the Commission have notified the representative and deputy representative thereof that it has been approved.

 

1. If a person whose name is included in a list of candidates which has been submitted to the Chief Election Officer dies or, by notice in writing signed by him and addressed and delivered to the Chief Election Officer, withdraws his candidature, his name shall be deleted from the list and, if the list has already been published under section 19, the Commission shall cause notification of the deletion to be published in like manner:

 

Provided that no such notice shall be delivered as aforesaid after the 31st day before election day.

2. The deletion of the name of any candidate by reason of his death from any list of candidates after its approval by the Commission shall not render the list defective; and correction of any defect caused by deletion of a dead candidate's name from any list of candidates may, notwithstanding anything to the contrary provided in section 15, be submitted at any time before the approval of such list:

 

Provided that where, by reason of any deletion first mentioned in this paragraph no names remain on a list of candidates, such list shall cease to have effect.

 

1. Subject to subsection (2), two or more lists of candidates shall be joined for the distribution of seats (but not for the purpose of voting) if the representative and deputy representative of each list to be so joined gives notice accordingly in writing to the Chief Election Officer not later than the 25th day before election day; and lists so joined are hereinafter referred to collectively as a combination of lists.
2. No list of candidates shall be included in more than one combination of lists and if any notice given under subsection (l) would, if given effect, result in a contravention of this section, that list shall not be included in any combination of lists.

 

3. The Commission shall cause a notification of combinations of lists to be published not later than the 23rd day before election day in the Gazette and may cause such further publication of the same, for the information of electors, as the Commission considers desirable.

 

23.

1. The representative of each list of candidates shall not later than the 32nd day before election day give notice in writing to the Chief Election Officer appointing himself or some other person to be the election agent of the candidates in the list and if the appointment of an election agent is revoked or the election agent dies and no further appointment is made, the representative of the list of candidates shall be deemed to have been appointed to be the election agent of the candidates

 

2. The Chief Election Officer shall cause a notice to be published in the Gazette of the name and address of the person appointed or deemed to be appointed as election agent.

 

1. An election agent may appoint-

 

1. an assistant agent for each district;

 

2. a counting agent for each district;

 

3. a polling agent for each polling place.

 

2. Notice in writing of every appointment of an assistant agent, counting agent and polling agent, stating the name and address of the person appointed shall be given not later than the 7th day before election day by the election agent to the returning officer of the district for which the assistant agent or counting agent is appointed or in which is situate the polling place for which the polling agent is appointed.
3. The returning officer shall upon receiving a notice of an appointment of an assistant agent give public notice Of the name and address of the person appointed.

 

4. There shall not be, at the same time, more than one assistant agent or more than one counting agent of a group of candidates for any one district nor shall there be more than one polling agent of that group for any one polling place.

 

5. Upon the revocation of the appointment of or upon the death of an assistant agent, counting agent or polling agent the election agent shall forthwith give notice in writing thereof to the returning officer to whom notice of appointment was given and shall give notice in writing of any further appointment made in accordance with subsection (2):

 

Provided that the appointment of an assistant agent, counting agent or polling agent shall not be vacated solely by reason of the revocation of the appointment or the death of the election agent who appointed him.

 

6. Nothing in this section shall preclude the appointment of a person as an assistant agent for two or more districts or as polling agent for two or more polling places or as both assistant agent and counting agent, or as both assistant agent and polling agent, or a both counting agent and polling agent, or as assistant agent, counting agent and polling agent.

 

1. Every election agent may act, in relation to any matter required to be done in any district, by the assistant agent for that district; and anything done for the purposes of this Act by an assistant in his district shall be deemed to have been done by the election agent.

 

2. Any act or default by an assistant agent which, if he were an election agent, would be an illegal practice or other offence against this Act, shall be an illegal practice or other offence against this Act committed by the assistant agent who shall be liable to punishment accordingly.

 

3. Where in this Act any action or thing is required to done in the presence of candidates, polling agents or counting agent the non-attendance of any such candidate, polling agent or counting agent at the time and place appointed for the purpose shall not, if  any act or thing is otherwise properly done, invalidate the act or thing done.

 

27.

1. An elector shall be entitled to vote in a polling place at an election if he complies with this Act and with requirements made and directions given thereunder and if the presiding officer of the polling place at which he applies for a ballot paper is satisfied as to the matters specified in section 70(1).

 

2. No person shall be entitled to vote in a polling place at an election unless he is entitled to do so under subsection (1).

 

3. Every elector who votes at an election shall, subject to the provisions of this Act relating to voting by proxy and to the marking of ballot papers on behalf of blind and incapacitated electors, vote at a polling place in person.

 

4. Without prejudice to the provisions of this Act relating to voting as a proxy and to the marking of ballot papers on behalf of blind and incapacitated electors, no elector shall vote more than once at the election.

 

 29.

1. The Minister may by notice published in the Gazette specify divisions or groups of divisions to which subsections (2) and (3) shall apply:
2. An elector whose name appears on the official list of electors of a division which is one of a group of divisions specified by the Minister by notice under this section may vote at any polling place in that group of divisions.

 

3. An elector whose name appears on the official list of electors of a division which is specified by the Minister by notice under this section may vote at any polling place in that division.

 

4. An elector who, in the district in which his address as entered in the official list of electors affixed under section 34(2)(a)(iv) is situate is employed as an election officer, member of the Police Force or of the Guyana Defence Force for a purpose connected with the election at a polling place other than that where his name is displayed under section 28 may vote at that polling place if, not later than the day before election day, he obtains from the returning officer of that district a certificate under his hand, in Form 4, authorised name of the elector, the number of his identity paper and the fact that he is to be so employed.

 

1. The following electors shall be entitled to vote by proxy at an election-

 

1. those unable, or likely to be unable, to go in person to the polling place, at which they are entitled to vote, for any of the following reasons-

 

1. the particular circumstances of that person's employment on-the election day either as a member of a disciplined force, or as a rural constable, or for a purpose connected with the election, by a returning officer;

 

2. the fact that at the election that person is acting as returning officer for a district other than the district in which his address as entered in the official list of electors is situate;

 

3. the particular circumstances of that person's employment on the election day by the returning officer for a district, other than the district in which his address as entered in the official list of electors is situate, for a purpose connected with the election in that district;

 

4. the fact that that person is an employee of the Transport and Harbours Department engaged in running a vessel on the election day;

 

2. a candidate at the election, where he is unable, or likely to be unable, to go in person to the polling place at which he is entitled to vote, by reason of being engaged in any activity connected with the election in a district other than the district in which that polling place is situated.

 

3. those unable, or likely to be unable, by reason either of blindness or any other physical incapacity, to go in person to the polling place or, if able to go, to vote unaided.

 

2. Not more than one person shall be appointed to vote as a proxy on behalf of any one elector.

 

3. No person shall be appointed to vote as a proxy-

 

1. on behalf of another elector unless he is himself an elector who is entitled to vote at the same polling place as that at which the elector on whose behalf his appointment is sought is entitled to vote;

 

2. for more than two electors.
4. An elector voting as a proxy on behalf of another elector so shall do at the same polling place and at the same time as he votes on his own behalf.

 

1. be in writing in the Form 5;
2. be addressed to the returning officer of such district as shall comprise the division in which the applicant's name is displayed under section 34(2)(a)(iv) and be sent to that officer so as to be received by him not later than the 10th day before election day:

 

3. be accompanied by the consent in writing of the elector, named as proxy therein to his appointment.

 

1. If a returning officer is satisfied that an application for the appointment of another elector to vote as a proxy on behalf of the applicant has been duly submitted in accordance with section 31 and that the person whose appointment is sought is entitled to vote as a proxy on behalf of the applicant and consents to his appointment, he shall issue to that person a notice of appointment as a proxy in Form 6 and shall notify the applicant accordingly.

 

2. If the returning officer refuses the application he shall notify the applicant of his refusal and of his reasons therefor.

 

3. The returning officer of each district shall keep a list of proxies which shall be in Form 7 and shall set out the names, addresses and the serial numbers of the registration cards of the electors for whom the proxies have been appointed and of the electors who have been appointed to vote as proxies on their behalf; and the returning officer shall on the request of an election agent allow him, on the 4th day before election day, to inspect and copy the list.

 

1. so notify the elector whose appointment as a proxy is canceled;

 

2. delete the names of both electors from the list of proxies.

 

34.

1. Not later than the 20th day before election day the returning officer of each district shall give a notice of poll which shall be in Form 9 and which shall specify-

 

1. the day on and the hours between which the poll will be taken; and

 

2. the situation of each polling place in the district.

 

2. Not later than the 14th day before election day the returning officer shall-

 

1. cause to be affixed to one building in each division of his district the following:

 

1. a copy of the notice of poll;

 

2. a copy of each list of candidates published in accordance with section 19;

 

3. notification of joinder of any such lists; and

 

4. a copy of the official list of electors for that division;

 

2. cause such further publication of such lists and notification as he may think desirable to bring their contents to the attention of electors in his district.

 

3. The hours between which the poll shall be taken shall be from 6 o'clock in the forenoon until 6 o'clock in the afternoon at all polling places in all districts unless the Minister shall prescribe different hours, being twelve consecutive hours, for any polling place.

 

4. Nothing in subsection (2) shall be construed as precluding the returning officer from annexing to the copy of the official list of voters affixed under that subsection copies of such supplementary lists as are mentioned in section 2(4).

 

 36. The returning officer for each district shall cause to be displayed at every polling place therein a copy of the official list of electors for the division in which that polling place is situate or, as the case may be, a copy of such part of the said list as has been allotted to that polling place under section 35 and the foregoing provisions of this section shall apply mutatis mutandis in the case of any polling place established under Subsections (4) and (5) of section 6.

 37. The returning officer of each district shall before election day cause every polling place in his district to be provided with-

1. such doors, barriers, tables, chairs and other conveniences as are necessary or desirable, or as the Chief Election Officer may direct, for the purpose of implementing this Act;

 

2. such number of compartments as are necessary or desirable and in which electors can vote free from observation.

 

1. directions for voting;
2. ballot papers;

 

3. tendered ballot papers.

 

1. Every such ballot paper shall-

 

1. contain, serially numbered on the left hand side and in alphabetical order of the initial letters of the title of each list of candidates, the initial letters, title and symbol of each list of candidates;

 

2. be capable of being folded up;

 

3. be attached to a counterfoil bearing, printed on the face, a serial number and the words and dots "Elector's number . . .".

 

2. In the printing of the ballot paper-

 

1. no letter, word or design shall be printed on the face except the initial letters, titles and symbols of the lists of candidates;

 

2. no rule shall be printed on the face except the horizontal rules separating the particulars of the lists of candidates from one another and the vertical rules separating those particulars from the numbers on the left hand side and from the spaces on the right where the symbols are shown and separating the spaces for symbols from the spaces on their right where the vote is to be marked;

 

3. the whole space between the top and bottom of the paper shall be equally divided between the lists of candidates by rules separating their Particulars;

 

4. the initial letters of each list of candidates shall be printed in large capitals and the full titles of each list in small capitals.

 

3. Tendered ballot papers shall be of a different colour from ordinary ballot papers but, subject to such difference of colour, this section shall apply to tendered ballot papers as it does to ordinary ballot papers.

 

1. The returning officer of each district shall supply to every presiding officer in his district the following-
1. a sufficient number of ballot papers and tendered ballot papers, together with a statement showing the numbers supplied and their serial numbers;

 

2. a sufficient number of copies of the directions for voting -p
3. a sufficient number of copies cf this Act (including any amendments made thereto for the purpose of holding any election pursuant to article 60(2) of the Constitution but not yet incorporated in the text thereof as published in any revision thereof made pursuant to the Law Revision Act);

 

4. a sufficient number of copies of the official list of electors or part thereof, as the case may require, containing the names of the electors entitled to vote at the polling place;

 

5. a sufficient number of copies of the list of proxies;

 

6. a ballot box and materials for affixing thereto or stamping thereon the seal of the presiding officer;

 

7. the several forms of oaths to be administered to electors;

 

8. a poll book;

 

9. the necessary envelopes and such other forms, documents and supplies as may be authorised by, or furnished at the direction of, the Chief Election Officer;

 

10. a sufficient number of copies of each list of candidates published in accordance with section 19.

 

2. The ballot box shall be of convenient size and so constructed that the ballot papers can be placed therein, but cannot be withdrawn therefrom, without the box being unlocked.

 

3. The poll book shall be in Form 13.

 

1. the directions for voting;

 

2. the lists of candidates published in accordance with section 19.

 

 43. Section 12 of the National Registration Act shall apply in relation to every person who is an elector but, in such application, shall have effect as if-

1. the words, "and cause them to be issued in such manner as he thinks fir to," had been deleted therefrom; and

 

2. the words "and shall cause every such card to be issued in such manner as the Commissioner thinks fit to the person for whom it has been prepared, or to be made available for his procurement in such manner as the Commissioner may specify by notice published in the Gazette" had been inserted immediately after the word "Act" therein;

 

1. for a print of the photograph of any elector to be affixed to such identification card of that elector as may be required for the purposes of this Act;

 

2. for any such identification card of an elector as aforesaid to be prepared in conformity with regulation 20(2)(b) of the National Registration (Residents) Regulations:

 

44.

1. In this Part-

 

"ballot officer" means

 

1. an ambassador or High Commissioner resident in any country and representing Guyana therein;

 

2. any person appointed to be a ballot officer in any other country in which-

 

1. no ambassador or High Commissioner is accredited to represent Guyana;

 

2. an ambassador or High Commissioner is so accredited but is not resident therein;

 

"non-resident" means an elector whose name is on the non-residents' roll;

 "non-resident electors' roll" means the non-resident's roll as prescribed by subsection (2).

 

2. The non-residents' roll shall be the preliminary list of the electors not resident in Guyana, prepared before election day in pursuance of section 14 of the National Registration Act or last prepared in pursuance thereof before such day, as the case may be, but with every such modification as may be necessary to bring that list into conformity with the central register (to the extent to which it consists of the registration cards of electors aforesaid)-

 

1. as altered under section 15(6) of the National Registration Act to give effect to claims and objections finally determined before the said election day;

 

2. pursuant to any alteration thereto made under section 8 of the National Registration Act, prior to the date of publication in the Gazette under section 19 of the names of candidates, for the purpose of changing the registered address, name or occupation of an elector;

 

3. pursuant to the cancellation therein under section 8 aforesaid of an elector's registration effected in contravention of section 11(1) of the National Registration Act, or of relating to an elector who does not exist by reason of death or otherwise ought not to be registered;

 

and every reference made to the non-residents' roll in the provisions hereinafter contained shall, in relation to any time on or before election day, be construed as a reference to such preliminary list as aforesaid with such modifications thereto (if any) as, at that time, shall have been made in conformity with this subsection.

 

3. In subsection (2) reference to a preliminary list is a reference to such list read in conjunction with any supplementary list prepared for a revision of that preliminary list pursuant to regulations made under the National Registration Act for the purpose of showing the aforementioned modifications.

 

 45A.

1. The Chief Election Officer shall cause to be prepared a non -resident electors'' roll and the preparation of it shall be complete not later than the twenty-first day before the election day.

 

2. The non-resident electors' roll shall consist of the names of every elector whose name is on the non-residents' roll and who is-

 

1. employed by the Government, or any public corporation, or a corporate body in which the controlling interest vests in the State or any agency on behalf of the State; or

 

2. a student engaged in any full-time course of study in any educational institution in any country other than Guyana, if he applies for the inclusion of his name in the non-resident electors' roll and his application is allowed under this section.

 

3. An application by any person for the inclusion of his name   the non-resident electors' roll shall-
1. be made to the Chief Election Officer, through the ballot officer in the country outside Guyana where the applicant is living, in writing in Form 12A;

 

2. be made within such day as may be notified in the Gazette by the Chief Election Officer in relation to the country outside Guyana where the applicant is living, being not earlier than five days after the date on which the non residents' roll is displayed in accordance with section 45 in any place in the country outside Guyana where the applicant is living, nor later than thirty days before the election day; and
3. be accompanied by, in the case ot a person referred to in subsection (2) (i), a certificate from his employer about his employment or, in the case of a person referred to in subsection (2) (ii), a certificate from the educational institution, where he is studying, as to his being a full-time student in that institution.

 

4. Every ballot officer shall as soon as possible forward to the Chief Election officer any applications received by him under subsection (3).

 

5. If the Chief Election Officer is satisfied that the applicant is entitled to have his name included in the non-resident electors' roll, the Chief Election Officer shall include his name in that toll.

 

6. The Chief Election Officer shall cause a copy of the non-resident electors' roll to be displayed for public information, or for the information of non-residents, a; every such place as the Commission may appoint by notice published in the Gazette.

 

1. copies of directions for balloting by non-resident electors ­

 

2. ballot papers;

 

3. such envelopes and forms as are requisite;

 

 47

1. Ballot papers supplied to ballot officers and used by non-resident electors shall be of a different colour from all other ballot papers conforming t¢ the requirements of section 39 but, subject to such difference of colour, shall conform to those requirements in the like manner as such other ballot papers.

 

2. Reference in subsection (I) to ballot papers supplied to Additional ballot officers shall be construed to include reference to ballot papers with which the Chief Election Officer is provided under section 46.

 

1. a sufficient number of copies of this Act;

 

2. a sufficient number of copies of the non-resident electors' roll in so far as it comprises entries relating to electors resident in the country in which that ballot officer is accredited to represent Guyana or appointed to be a ballot officer, as the case may be;

 

3. a statement showing the number of ballot papers supplied to him under section 46(b) and their serial numbers; and

 

4. such other documents and supplies as the Chief Election Officer may consider expedient;

 

 49. Every officer shall be responsible for the safe custody of all supplies with which he is furnished or provided under section 46 or 48 and shall take every precaution to prevent any person having unauthorised access thereto.

50.

1. In this Part-

 

"ballot attendant" means an officer appointed under section 53(1);

"ballot officer," "non-resident elector," and "non-resident electors' roll" shall have the meanings assigned to them, respectively, by section 44.

 

2. Reference in this Part to the serial number of a non-resident elector shall be construed as reference to the serial number of his registration card.

 

3. A ballot officer may exercise any powers, and perform any duties, of a ballot attendant under any provisions of Part VII and references in any such provisions to a ballot attendant shall be construed accordingly with such modifications to the context as may be necessary for the purpose.

 

1. by such ballot officer as shall be provided under section 48(b) with copies of entries in the non-resident electors' roll which include the name of that non-resident elector; or

 

2. in any case where there is no such ballot officer, by the Chief Election Officer;

 

1. an unsealed envelope (hereafter referred to in this Part as the addressed envelope) addressed in the name, and to the office, of the officer issuing the same, which shall be recognisable by him on its return as having been issued under this paragraph;

 

2. a declaration of identity in Form 14 which shall bear the serial number of the non-resident elector on its reverse side;

 

3. an unsealed envelope (hereinafter referred to in this Part as the ballot envelope) addressed with the words "To the Chief Election Officer" and capable of containing a ballot paper and of being enclosed, together with the last-mentioned form, in the addressed envelope;

 

4. a copy of the directions for balloting by non-resident as set out in Form 15;

 

5. a ballot paper stamped with the official mark.

 

1. to show that a ballot paper has been issued to the non resident elector, but without showing the particular ballot paper issued, place a mark on such copy of entries in the non-resident electors' roll as shall be used by him for the purposes of this paragraph; and

 

2. enter on the counterfoil of the ballot paper the serial number of the non-resident elector.

 

1. There shall be appointed such number of officers as the Chief Election Officer may consider requisite for the performance in any country of the functions of ballot attendants under this Act.

 

2. The Chief Election Officer shall cause notice of the name and address of every ballot attendant to be published in the Gazette and may cause such further publication of the same, for the information of on-resident electors, as the Chief Election Officer considers desirable; and the address of the office of each ballot officer shall be notified under the foregoing provisions of this subsection as being also the address of a ballot attendant.

 

3. The ballot attendant at every such office as aforesaid shall permit any person having authority by virtue of section 118(1)(f) for promotion of the election of a group of candidates, and designated in writing by their election agent, to attend the balloting there by non-resident elector in the presence of the ballot attendant and shall afford that person, if and when he attends, all such reasonable facilities for observing the said balloting as that attendant can afford consistently with the orderly conduct of the proceedings, the discharge of his duties in connection therewith and the maintenance of the secrecy of the ballot.

 

4. There shall not be more than one person designated as aforesaid by the election agent of each list of candidates to attend at the same office.

 

1. may upon satisfying any ballot attendant as to his identity by way of production of his passport, travel document or other proof of such identity, and of the envelope directed to him under section 51, not later than the 9th day before election day-

 

1. exhibit the said envelopes, Form 14 and ballot paper (unmarked) to the ballot attendant;

 

2. secretly mark and fold the ballot paper in the like manner as provided by section 72(2), enclose it in the ballot envelope and seal that envelope, in the presence of the ballot attendant, but so that the ballot attendant does not observe the said manner of marking the ballot paper; and

 

3. give the ballot envelope so sealed and Form 14 to the ballot attendant, who shall forthwith complete the said Form 14. in the presence of the non-resident elector and issue to him a receipt in Form 16:

Provided that-

1. if the non-resident elector is incapacitated by blindness or other physical cause from personally complying with the fore- going provisions of this paragraph, the ballot attendant may, at the request of the non-resident elector comply or permit a person appointed by the non-resident elector comply with any such provisions on his behalf, in his presence and according to his directions;

 

2. the person so appointed shall be a non-resident elector, who shall, before the form of declaration is given to the ballot attendant under subparagraph (iii) of this paragraph, endorse on the reverse side of the form a certificate in the following terms:

"I, .....................................................................................................
(names in block letters)

 hereby certify that the non-resident elector whose serial number appears next hereto is physically incapacitated and voted with my assistance rendered at his request. ...........................................................................
(Signature)"; or

 

2. if he prefers so to do, or if no ballot attendant is available, may-

 

1. secretly mark and fold the ballot paper in the like manner as provided by section 72(2) and enclose it in the ballot envelope;

 

2. seal the ballot envelope;

 

3. complete Form 13 and enclose it, together with the ballot envelope, in the addressed envelope for posting under section 55(b).

 

1. having complied with section 54(a), shall thereupon surrender to the ballot attendant the addressed envelope exhibited under subparagraph (i) of that paragraph to such attendant, who shall-
1. forthwith, in the presence of the non-resident, enclose therein the ballot envelope, and the declaration in the form, given by him under subparagraph (iii) of the said paragraph and seal the addressed envelope;

 

2. until its delivery to the officer mentioned in the next following subparagraph, keep the addressed envelope so sealed in safe custody and take every precaution to prevent its being opened or unauthorised access being had thereto; and

 

3. be responsible for delivering the addressed envelope not later than the 5th day before election day to the officer to whose office it is so addressed;
2. having complied with section 54(b), shall seal the addressed envelope containing its enclosures under that paragraph and post it so as to be received by the officer to whose office it is so addressed not later than the 7th day before election day.

 

1. Each officer to whom the addressed envelope issued by him in pursuance of section 51(a) or (b) to any non-resident ls returned as having been duly sealed by a ballot attendant, or as a sealed envelope presumably with enclosures under section 54(b), shall keep it in safe custody. and take every precaution to prevent its being illegally opened or unauthorised access being had thereto, prior to the discharge of his other duties and responsibilities in respect thereof:

 

Provided that any such envelope returned after the time allowed for its delivery or receipt under section 55(a)(iii) or (b), as the case may be, shall be kept separately from all other such envelopes returned in due time; and every ballot officer to whom any such envelope is returned after the time allowed as aforesaid shall cause it to be delivered to the Chief Election Officer as soon as practicable after such return thereof.

 

2. For the purposes of section 137, and without prejudice to the generality of the provisions thereof, every envelope which has been sealed by a ballot attended under section 55(a)(i), or has been returned to any officer as a sealed envelope mentioned in subsection (I) of this section, shall be deemed to be, until removal of the ballot paper therefrom according to law, a packet referred to in section 137(1)(d).

 

3. Where the addressed envelope, form (whether completed or not), marked or unmarked ballot paper and the ballot envelope therefor, or any of the foregoing, issued by any officer in pursuance of section 51(a) or (b) are returned to him in such manner or condition as to preclude the application of subsection (I) in relation thereto, such officer shall nevertheless keep them in safe custody, and take every precaution to prevent unauthorised access being had thereto or any such envelope (if sealed) from being illegally opened, prior to the discharge of his other duties and responsibilities in respect thereof and, if he is a ballot officer, shall cause the same to be delivered to the Chief Election Officer as soon as practicable after their return as aforesaid.

 

1. Each officer referred to in section 56 shall make up into Officers' separate packets, sealed with his seal-

 

1. all the addressed envelopes returned to him as mentioned in section 56(1) and to which the proviso to that paragraph does not apply;
2. such copy of entries in the non-resident roll as has been used by him for the purposes of section 52(a);

 

3. the counterfoils with entries made thereon by him under section 52(b);

 

4. any ballot papers with which he was furnished under section 46 and which have not been issued to non-resident electors pursuant to section 51;

 

5. a statement in writing, to be called "the non-resident elector ballot papers account" prepared by him in Form 17,

 

and, if he is a ballot officer, shall deliver such packets, so sealed,: later than the day next preceding election day to the Chief Election Officer and be responsible for their safe custody until such delivery.

 

2. The Chief Election Officer shall keep each packet sealed by him under subsection (I)(a), or delivered to him pursuant to compliance with paragraph (a) aforesaid, in safe custody and shall take every precaution to prevent any person from having unauthorised access to it, or from opening it except for the purposes of section 61.

 

3. For the purposes of section 137, and without prejudice to the generality of the provisions thereof, each packet made up in pursuance of subsection (l)(a) of this section shall be deemed to be, until it is opened for the purposes of section 61, a packet referred to in section 137(1)(d).

 

1. Notwithstanding anything in the foregoing provisions of this Part, where any non-resident elector present in Guyana has reason to apprehend his being unable to vote (apart from subsection (4)) on account of his absence from the address to which any sealed envelope is required by section 51 to be directed to bim by post, such address being situated outside Guyana, the non-resident elector may apply to the Chief Election Officer for a ballot paper.

 

2. Such application shall be in Form 18 and shall be posted to the office of the Chief Election Officer so as to be received by him not later than the 7th day before election day.

 

3. Unless the Chief Election Officer is not satisfied as to the identity of the applicant upon comparison of his signature with that of the said non-resident elector on his registration card, which shall be made available for the purpose by the Commissioner of Registration, the Chief Election Officer shall grant the application and comply with sections 51 and 52, whether or not previously complied with, in relation to that non-resident elector as if-

 

1. for the reference in section 51 to the 14th day election day there had been substituted a reference to 1 day before election day; and

 

2. his address appearing in the non-resident electors' roll were, by virtue of section 44(2)(b), in such address in Guyana as shall be given by him in the said application.

 

4. Where a non-resident elector is in receipt of a sealed envelope directed to him at an address in Guyana by virtue of the last preceding subsection, sections 54 and 55 apply in relation to such non-resident electors as if-

 

1. reference in section 54(a) to proof of identity in lieu of (but not in so far as it may be requisite in addition to) a passport or travel document had been omitted;

 

2. for every reference in section 54 or 55 to a ballot attendant there had been substituted a reference to the returning officer for the district in which that non-resident electors' address given as mentioned in subsection (3)(b) is situated;

 

3. for the reference in section 54(a) to the 9th day before election day there had been substituted a reference to the second day next before election day;

 

4. for the reference in section 55 to the 5th day before election day there had been substituted a reference to election day:
Provided that section 54(b) or 55 does not apply to any non-resident elector in receipt of a sealed envelope directed to him as aforesaid.
5. For the purposes of section 56(2), a returning officer actin g by virtue of subsection (4)(b) of this section shall be deemed to be a ballot attendant.

Where after the 10th day before election a non-resident elector who apprehends his being unable to vote, apart from this subsection, on account of no ballot paper having been received by him, satisfies as to his identity the ballot attendant at the office of any ballot officer required to have issued a ballot paper to the non-resident elector that ballot officer shall cause such a sealed envelope as is mentioned in section 51 to be thereupon handed to the non-resident elector and its contents as if they had been posted to him by the ballot officer not later than the 14th day before election day:

 

Provided that--
1. section 54(b) or 55 does not apply as aforesaid and no ballot attendant, other than the ballot attendant so satisfied, shall be deemed referred to by subsection (a) of either such section in its application as aforesaid;

 

2. the addressed envelopes duly returned to the ballot officer by virtue of the foregoing provisions of this paragraph shall be parceled together, separately from the other enclosures, in his packet containing addressed envelopes under section 57(1)(a).

 

1. The provisions of the following sections of this Part shall be executed at such place in Guyana, and during such period commencing on election day, as may be specified by the Chief Election Officer by notice published in the Gazette and no person, other than-

 

1. the Chief Election Officer and such staff appointed under section 7(d) as he may designate to assist him in the execution of those provisions;

 

2. the Minister, members of the Commission and any team of observers appointed by the Minister;

 

3. candidates appointed under subsection (2);

 

4. election agents;

 

5. members of the Police Force, the Guyana Defence Force and the bodies known as the Guyana National Service and the Guyana People's Militia;

 

6. such other persons as, m the opinion of the Chief Election Officer, have good reason to be present, shall be present at the execution of any such provisions:
Provided that notwithstanding anything provided by any law or specified as aforesaid, but without prejudice to section 4, the execution of the provisions of the following sections of this Part may, in so far as the Chief Election Officer finds necessary for the purpose of ensuring the casting of the votes of non-resident electors duly delivered to him in accordance with this Act, be continued and completed after the expiration of the said period whether it expired during or with election day.
2. The election agent of each group of candidates may appoint one of the candidates for the purposes of subsection (1)(c).
3. Notice in writing of such appointment, stating the name and address of the candidate, shall be signed by the election agent and delivered to the Chief Election Officer not later than the 7th day before election day.
4. There shall not be more than one candidate appointed from the same list of candidates for the said Purposes.

 

1. open a ballot box, which shall confirm to the requirements non-residents' of section 40(2) but shall not be used for the purpose of casting the votes of any electors other than non-resident electors;

 

2. ensure that there are no ballot papers or other papers in the ballot box;

 

3. lock the ballot box, retain the key thereof and place his seal upon the ballot box in such manner as to prevent it being opened without breaking the seal;

 

4. place the ballot box on a table in full view of all present where it shall remain until the ballot papers have been removed therefrom under section 92(1)(b).

 

1. The Chief Election Officer shall open each packet made up in pursuance of section 57(1)(a) and the addressed envelopes contained therein or delivered to him by virtue of section 58(4)(d); and in the course of execution of the foregoing provisions of this paragraph, the Chief Election Officer shall count and record the number of envelopes contained in each packet aforesaid and the number of envelopes so delivered to him.

 

2. Upon opening any such envelope under subsection (1) of this section, the Chief Election Officer shall, if requested so to do by a candidate appointed under section 59 or election agent, satisfy himself as to the identity of the signatory of any declaration therein, made in Form 14, or of any certificate on the reverse side Form 14. of any such Form, by comparing such signature with-

 

1. the signature made on his registration card by the non- resident; or

 

2. the signature (of which a specimen shall for purposes of record to enable the due execution of the provisions of this paragraph, have previously been required by the Chief Election Officer) of the ballot attendant or returning officer,

 

as the case may be, who the said signatory represents himself to be:

 

Provided that-

 

1. the Chief Election Officer shall not accede to any such request if he has decided that, for any reason, section 62 does not require a vote to be cast from the addressed envelope in question or in cases where in his opinion having regard to all the circumstances the request is unreasonable"

 

2. every decision taken by the Chief Election Officer under the foregoing provisions of this section shall be final unless and until it is reversed by the High Court on an election petition presented under the National Assembly (Validity of Elections) Act.

 

3. The Commissioner shall cause to be made available such registration cards as are required by the Chief Election Officer for the purposes of subsection (2)(a).

 

1. The casting of every vote dealt with in accordance with section 55 shall be effected by way of the ballot paper being removed without being unfolded from the envelope which contains it and being placed in the ballot box by the Chief Election Officer as soon as he shall have opened the addressed envelope so dealt with and, in the event of any request having been duly made in that behalf, satisfied himself under section 61(2) that the identity of the signatory of the declaration enclosed with the ballot envelope conforms to the requirements of this Act; and upon every such casting, the Chief Election, Officer shall place a mark on his copy of the non-resident elector roll against the name of the non-resident elector, whose serial number appears on the reverse side of the declaration enclosed as aforesaid.

 

2. For the purposes of the preceding subsection, a vote shall be deemed to have been dealt with in accordance with section 55 notwithstanding that the ballot envelope containing the same is found open except the ballot envelope appears to the Chief Election Officer to have been tampered with after having been sealed.

 

3. Notwithstanding anything in the foregoing provisions of this section, a vote shall not be cast if upon opening the addressed envelope containing the same, there is disclosed a declaration bearing under section 51(ii) the like serial number-

 

1. as was entered on any counterfoil under section 52(b) and by virtue of section 58(3), the addressed envelope aforesaid not having been delivered as mentioned in section 61(1); or

 

2. as belongs to any non-resident against whose name an additional mark has been placed under section 52(a) and by virtue of section 58(6), the addressed envelope aforesaid not having been among parceled enclosures referred to in the proviso to the last-mentioned subsection.

 

1. The Chief Election Officer shall not leave outside any addressed envelope opened under section 61(1) such contents thereof as are not placed in the ballot box under section 62(1); and he shall make up into separate packets, sealed with his seal-

 

1. all such envelopes from which votes have not been cast by reason of their containing declarations or certificates in respect of which the Chief Election Officer, having been duly requested to satisfy himself as to the identities of the signatories thereof, is not satisfied as mentioned in section 62(1);

 

2. all such envelopes which contained votes cast under section 62(1);

 

3. all other such envelopes from which such casting was not effected by reason of their having been found, upon being opened as aforesaid, to contain enclosures which appear not to have been dealt with in accordance with section 55;

 

4. all the addressed envelopes from which votes were precluded by virtue of section 62(3) from being cast;

 

5. all the addressed envelopes returned as mentioned in the proviso to section 56(1), or delivered under that proviso, to him on or before election day;

 

6. everything returned in such manner (not being the manner provided by virtue of section 58(4)(b) or condition as mentioned in section 56(3), or delivered in pursuance of that subsection, to him on or before election day;

 

7. the copy of the non-resident elector's roll marked under section 62(1).

 

2. The Chief Election Officer shall, for the purpose of compliance with section 62(3), open the packet made up by each officer in pursuance of section 57(1)(b), and the packet made up by him in pursuance of subsection (c) of that section and containing counterfoils with entries made under section 52(b) and by virtue of section 58(3), and shall reseal every packet so opened as soon as its contents cease to be in use for the said purpose.

 

3. The Chief Election Officer shall open the packet made up by each officer pursuant to section 57(1)(d), and the packet containing the non-residents' ballot papers account prepared by that officer under section 57(1)(e), for the purpose of verification of the said account by comparing it with the contents of the packet made up by him as aforesaid and with the relevant records made under sections 48 and 61(1) and the Chief Election Officer shall thereafter reseal both such packets.

 

 65. The Chief Election Officer may depute officers belonging to the staff appointed under section 7(d) to carry out his functions, or any of them, (including, without prejudice to the generality of the foregoing, the exercise of his authority for the casting of any vote), under such provisions of the foregoing sections of this Part as are to be executed in conformity with section 59(1); and the officers so deputed, who shall be called overseas presiding officers, shall subject to any special directions given by the Chief Election Officer have and exercise all the powers and perform all the duties, delegate under this section to them, respectively.

65 A . In this Part "non-resident", "non-resident elector", "non-resident electors' roll" and "non-residents' roll" have the meanings assigned to them, respectively, by section 44.

 65B. Every person whose name is included in the non-residents' roll not being a person whose name is included in a non-resident electors' roll, shall be entitled to vote in such place in the city of Georgetown as may be notified in the Gazette for that purpose by the Chief Election Officer (hereafter in this section referred to as the special polling place") and the provisions of this Act, subject to the other provisions of this Part, shall mutatis mutandis apply to, and in relation to, the exercise by such person of the right to vote as if he were a resident in the polling division wherein the special polling place is situated and the special polling place were a polling place appointed under section 6 (3).

 65C.

1. The Chief Election Officer shall cause to be prepared a list of electors who shall be entitled, by virtue of this Part, to vote at the special polling place.

 

2. The list of electors referred to in subsection (I) shall contain the names of all persons whose names were included in the non-residents' roll, after deleting therefrom the names that were included in the non-resident electors' roll.

 

3. A copy of the list of electors referred to in sub-section (I) shall be-

 

1. supplied by the Chief Election Officer to the returning officer of the district wherein the special polling place is situate and to the presiding officer of the special polling place; and

 

2. caused to be displayed at the special polling place by the returning officer of the district wherein the special polling place is situated.

 

 65E. Notwithstanding anything contained in any other Part of this Act, the votes cast at a special polling place at an election shall be counted separately and not along with other votes cast at the election.

 65F. Subject to the provisions of this Part, a person who is entitled to vote under section 6513 at an election shall not be deemed, for the purposes of election to any body in Guyana (not being the National Assembly) to be a resident in Guyana or in any region into which Guyana has been divided under section 4 of the Local Democratic Organs Act 1 980.

65G.

1. In this Part-

 

1. "ballot attendant" means a person appointed as such under section 65 I:

 

2. "balloting place" means a place appointed as a balloting place under section 651:

 

3. "ballot officer" means-a person appointed as such under section 65 I;

 

4. "specified disciplined force" means a disciplined force specified for the purposes of this Part by order under section 65H.

 

2. For the purposes of this Part the Guyana National Service shall be deemed to b a disciplined force and no part of any other disciplined force.

 

 65I.

1. The Chief Election Officer shall appoint by notification in the Gazette-

 

1. one ballot officer for each of the specified disciplined forces;
2. such number of ballot attendants, as he thinks fit, so that there will be one ballot attendant for each balloting place; and

 

3. such place or places, as he thinks fit in each district as balloting place or balloting places.
2. Different ballot attendants and different balloting places may be appointed in relation to electors who are members of different specified disciplined forces.

 

3. A ballot clerk may be appointed by the Chief Election Officer in relation to a balloting place

Provided that it shall be lawful for the Chief Election Officer to appoint the same person as ballot attendant and ballot clerk.

 

1. Each ballot officer shall prepare a list of persons whose names are on any official list of electors and who are members of the specified disciplined force, in relation to which he has been appointed ballot officer.

 

2. The list prepared by a ballot officer under subsection (I) shall be divided into parts according to the division, in the official list of-electors for which the names of the persons mentioned in that part are included, and shall state the identity paper number of each such person, his serial number of registration in the official list of electors, to which division the official list of electors relates, the district in which that division is situate, and such other particulars as may be prescribed by the Minister by regulations.

 

3. Each of the ballot officers shall forward a copy of the list prepared by him under subsection (1), (but excluding therefrom the names of the persons referred to in the proviso to section 65K (6)) to the Chief Election Officer.

 

4. The Chief Election Officer shall forward those parts of the copy of the list referred to in subsection (3) as are relevant in respect of the divisions in any district to the returning officer of that district and the returning officer shall cause to be displayed at each polling place in the district the names and other particulars included in the copy of the list, referred to in subsection (1), of those who are, but for this Part, entitled to vote at that polling place.

 

1. The Chief Election Officer shall by notification in the Gazette appoint a day on which, and the hours during which, persons entitled to vote under this Part may ballot and different days and hours may be appointed in relation to different balloting places:

 

Provided that any day appointed under this subsection for balloting shall not be more than ten days earlier than the election day or later than five days before the election day.

 

2. The Chief Election Officer shall forward to each ballot officer sufficient number of ballot papers having regard to the names in the copy of the list forwarded by that ballot officer to the Chief Election Officer under section 65J (3) and each such ballot paper shall be stamped by the Chief Election Officer with the words "DISCIPLINED FORCES".
3. The ballot officer shall, before the hour appointed for the commencement of balloting under this Part at a balloting place, cause to be displayed at the balloting place a list containing the names, and other particulars referred to in section 65J(2), of the parsons entitled to ballot under this Part at that balloting place, such names being of persons who are, but for this Part, entitled to vote at a polling place in the district where that balloting place is situate.

 

4. The ballot officer shall cause to be supplied to the ballot attendant for a balloting place, the day before the day fixed for balloting at that balloting place, sufficient number of ballot papers having regard to the names in the list, referred to in subsection (3). of persons entitled to ballot at that balloting place.

 

5. Any Person whose name is on a list prepared by a ballot officer under section 65J (1) and who desires to vote at an election may exercise his right to ballot under this Part at the balloting place where a list containing his name is displayed under subsection (3).

 

6. Nothing in this Part shall be deemed to prevent any person whose name is included in a list prepared under section 65J(11) form exercising his right to vote in accordance with any other provision of this Act and not in accordance with this Part.

 

Provided that where any such person desires to vote in accordance with any other provision of this Act he shall intimate the ballot officer in relation to such list wherein his name is included, not later than fifteen days before the day appointed under subsection (1) for balloting at the balloting place where he is entitled to ballot under this Part of this desire so to do so and thereupon the ballot officer shall make a note of it in that list and his name shall not be included in the list referred to in section 65J(3) and forwarded by the ballot officer to the Chief Election Officer.

 

7. Subject to the provisions of this Part, the provisions of this Act in relation to presiding officers and their functions, polling clerks and their functions, polling places, preparation for poll an polling shall mutatis mutandis apply respectively to, and in relation to, ballot attendants, ballot clerks, balloting places, preparation for ballot and balloting under this Part.

 

1. As soon as possible after the expiry of the hour over appointed for the closing of balloting in relation to a balloting place, on the day of the balloting, the ballot attendant shall deliver personally the sealed ballot box and the sealed packets referred to in section 83 (c) to the ballot officer.

 

2. The ballot attendant shall be responsible for the safe custody of the ballot box and the aforesaid sealed packets until they are delivered to the ballot officer under subsection (I) and thereafter the ballot officer shall be responsible for their safe custody until the election day.

 

3. On the election day, during such hours as may be fixed for that purpose by the Chief Election Officer by notification in the Gazette, each ballot officer shall hand over to the Chief Election Officer, the sealed-ballot boxes, and the sealed packets referred to in subsection (1), received by him from each ballot attendant and on such handing over of the ballot boxes, the persons who balloted accordance with the preceding provisions of this Part shall be deemed for all the purposes of this Act to have cast their votes at the election in the districts in which the relevant balloting places were situated.

 

1. The provisions of sections 119, 122(1) (a), 126(a) in so far as it relates to voting on his own behalf, 126(d) (i) and (ii), 127 (a) and (b), 129, 130, 131(a), (b), (c), (d), (h) and (i), 131(e) and (f) in so far as they relates to vote of any elector at an election, 132 in so far as it relates to voting in person and 138, shall apply in relation to balloting under this Part subject to the modification that references therein to-

 

1. poll and voting shall be construed as references to balloting under this Part; and

 

2. a poll clerk and presiding officer shall be construed as references to a ballot clerk and ballot attendant respectively.

 

2. Subsection (l) shall not be deemed to modify the law relating to any other offences under this Act.

 

1. In order to give effect to the right of an elector, who is a member of any of the disciplined forces, to exercise his right to ballot in accordance with the provisions of this Part, and consistently with the interests of defence, public safety and public order, the Minister may by order direct that the provisions of this Act, other than the provisions of this Part, shall apply to, and in relation to, the exercise by members of the disciplined forces of any right they have to vote at an election, with such adaptations, modifications, exceptions or qualifications as may be specified in the order.

 

2. An order made under subsection (1) shall be subject to negative resolution of the National Assembly.

 

 67.

1. The election agent of each group of candidates may appoint one of the candidates, hereinafter in this Part referred to as the "duly appointed candidate" to attend the poll at a polling place.

 

2. Notice in writing of the appointment of a duly appointed candidate, stating his name and address, shall be signed by the election agent and delivered to the returning officer of the district in which the polling place is situate not later than the 7th day before election day.

 

3. There shall not be more than one duly appointed candidate of the same list of candidates for any one polling Place.

 

4. Nothing in this section shall preclude a candidate being a duly appointed candidate for two or more polling places whether or not in the same district

 

1. open the ballot box and ensure that there are no ballot papers or other papers therein;

 

2. lock the ballot box, retain the key thereof and place his seal upon the ballot box in such manner as to prevent it being opened without breaking the seal;

 

3. place the ballot box on a table in full view of all present where it shall remain until the poll is closed:

 

4. call upon the electors to vote.

 

1. Each applicant to vote shall, upon entering the room where the poll is held, and after procuring his identity paper if made available for his procurement at the polling place in pursuance of section 43, state to the poll clerk his name, address and occupation and hand to him-

 

1. his identity paper; and

 

2. if he has been appointed to vote as a proxy on behalf of another elector, the identity paper of that elector and his notice of appointment to vote as proxy; and

 

3. if he claims to be entitled to vote at the polling place by virtue of section 29(4) his certificate of employment.

 

2. The poll clerk shall ascertain if the name of the applicant and that of any elector on whose behalf he holds a notice of appointment to vote as a proxy appear on the official list of electors, or part thereof, for the polling place and shall further ascertain whether any notice of appointment to vote as proxy is recorded in the copy of the list of proxies.

 

3. Where there is contained in the official list of electors, or part thereof, a name or other particulars which correspond so closely with the name or other particulars entered on the identity paper of an applicant to vote as to suggest that the entry in the official list or part thereof is intended to refer to him, the applicant shall, upon taking an oath of identity in Form 19, be deemed to be the person so named in the official list or part thereof.

 

4. Where an applicant to vote hands to the poll clerk both his identity paper and his certificate of employment, the poll clerk shall add his name to the official list of electors or part thereof and shall make an appropriate entry in the poll book.

 

5. The poll clerk shall, after the foregoing provisions of this section have been complied with, return to the applicant to vote his identity paper together with any other documents he has received from the applicant and direct him to hand the same to the presiding officer and apply to him for a ballot paper.

 

1. Upon receipt of the identity paper and other documents as directed under section 69(5) and upon application made to him for a ballot paper the presiding officer shall satisfy himself as to the following-
1. that the applicant has not already voted;
2. the identity of the applicant and his entitlement to vote at the polling place;

 

3. the authority of the applicant to vote as a proxy on behalf of another elector (if he applies so to vote).

 

2. For the purposes of subsection (1) the presiding officer may-

 

1. examine the applicant's fingers to ascertain if there appears on them any stain of electoral ink;

 

2. compare the signature of the applicant with that on his identity paper;

 

3. compare any photograph on his identity paper with his face;

 

4. compare the thumb print or other finger print recorded on his identity paper with that of the applicant;

 

5. compare the height recorded on his identity paper with that of the applicant;

 

6. examine his notice of appointment (if any) to vote as a proxy on behalf of another elector and compare the particulars in the notice with those recorded in the copy of the list of proxies;

 

7. make such further comparisons as are reasonably necessary between the particulars recorded on his identity paper and those of the applicant;

 

8. require the applicant to take an oath of identity in Form pursuant to section 69(3).

 

3. An applicant shall-

 

1. comply with any requirement of the presiding officer made pursuant to subsection (2)(h);

 

2. comply with such requirements of the presiding officer for the examination of his fingers, the taking and recording of his thumb or finger print, of his signature and of his height as are reasonably necessary for the purposes of subsection (I);

 

3. answer such questions as the presiding officer may ask as are reasonably necessary to ask for the aforesaid purposes.

 

4. References in subsection (2) to the identity paper of any applicant shall be construed to include references to his registration card if available pursuant to any direction given under section 40(1)(i).

 

1. The presiding officer shall refuse to issue a ballot paper to any applicant therefor who does not hand to him his identity paper and other documents as directed under section 69(5) and he shall refuse to issue a ballot paper to any applicant if he is not satisfied as required by section 70(1); but if such identity paper and other documents are handed to him and he is so satisfied he shall-

 

1. deliver to the elector a ballot paper stamped with the official mark;

 

2. enter on the counterfoil of the ballot paper the serial number of the elector on the official list of electors;

 

3. add to his copy of the official list of electors or part thereof the name of an elector who has produced to him a certificate of employment:

 

4. place a mark on his copy of the official list of electors, or part thereof, to show that a ballot paper has been delivered to the elector but without showing the particular ballot paper issued:

 

5. return to the elector his identity paper, and also if he has been appointed to vote as a proxy on behalf of another elector the identity paper of that elector unless any such identity paper has been provided at the polling place in pursuance of section 43.

 

2. If the elector has been appointed to vote as a proxy on behalf of another elector the presiding officer shall-

 

1. deliver to him, in addition to his own ballot paper, a ballot paper for each elector on whose behalf he has been appointed to vote as a proxy and shall enter on the counterfoil of such ballot paper the number on the official list of electors of the elector on behalf of whom he has been appointed and place a mark as prescribed by subsection (l)(d) on his copy of the official list of electors, or part thereof, to show that a ballot paper has been issued on behalf of each such elector:

 

2. retain the notice of appointment to vote as proxy of the elector.

 

1. The presiding officer shall ensure that the elector understands how and where to place his mark (without indicating that the elector should vote for any particular list of candidates) and how to fold the ballot paper and shall direct him to return with it when marked, folded as shown.

 

2. The elector shall enter one of the polling compartments and there record his vote by secretly marking his ballot paper within the space opposite the name and symbol of the list of candidates for whom he wishes to vote and shall then fold his ballot paper so as to conceal the vote; and if he has been appointed to vote as a proxy he shall record the vote of the elector on whose behalf he has been so appointed, for the list of candidates for whom that elector wishes to vote by secretly marking, in the manner aforesaid, the ballot paper issued to him for that elector and shall then similarly fold that ballot paper.

 

3. The elector shall, having recorded his vote (and if such be the case that of an elector for whom he has been appointed a proxy), show the folded ballot paper (or papers) to the presiding officer so as to disclose the official mark appearing on the reverse thereof and shall place it (or them) so folded in the ballot box in the presence of the presiding officer:

 

Provided that the presiding officer shall not permit any elector whether voting on his own behalf or as a proxy on behalf of another elector to put a ballot paper in the ballot box unless, immediately before he does so, one of his fingers has been stained by immersion in a container of electoral ink.

 

4. Notwithstanding the proviso to subsection (3), where the presiding officer is satisfied that an elector is suffering from an injury to any finger of such a nature as to render it undesirable for that finger to be stained with electoral ink, he shall not require that finger to be stained but shall stain another finger.

 

5. If an elector fails or refuses to comply with a lawful requirement of the presiding officer for the staining of one of his fingers, the presiding officer shall order him to return to him any ballot paper issued to him and to leave the polling place forthwith; and the presiding officer shall destroy any ballot paper so returned and make an entry in the poll book as to the facts of such failure or refusal.

 

6. An elector who refuses or fails to return a ballot paper when so ordered under subsection (5) shall be liable on summary conviction to a fine of five hundred dollars or to imprisonment for six months.

 

7. An elector who has inadvertently dealt with a ballot paper in such a manner that it cannot conveniently be used as a valid ballot paper may, on delivering such ballot paper to the presiding officer and after satisfying him that it has been spoiled by inadvertence, obtain another ballot paper in its place and the spoiled ballot paper and its counterfoil shall be marked as canceled.

 

8. An elector shall not show the marks which he has placed on his ballot paper to any person and if he does so the ballot paper shall be treated as a spoiled ballot paper:

 

Provided that this subsection shall not apply if an elector shows a ballot paper to a presiding officer solely for the purpose of ascertaining if he has carried out his duties correctly.

 

9. An elector shall vote without delay and shall leave the polling place as soon as he has put his ballot paper and that of any person on whose behalf he has voted as a proxy in the ballot box.

 

10. Whenever in the opinion of the presiding officer an elector does not understand the language spoken to him he may appoint and swear, in Form 20, an interpreter; and the interpreter, so sworn, shall be the means of communication between the presiding officer and the elector with regard to all matters required to enable the elector to vote.

 

1. The presiding officer shall, on the application of any elector who is incapacitated by blindness or other physical cause from voting in the manner prescribed by section 72 and who takes an oath in Form 21, mark the ballot paper of such elector in his presence and in the manner directed by him.

 

2. The presiding officer may, at the request of any elector incapacitated in the manner prescribed in subsection (1) and who has taken the oath in Form 22 and is accompanied by a friend, permit such friend, if he is an elector entitled to vote at the polling place, immediately after he has voted on his own behalf, and notwithstanding that his finger has been immersed in electoral ink, to accompany the elector into the voting compartment and mark his ballot paper for him:

 

Provided that no person may mark the ballot paper of more than one elector as his friend under this subsection or mark such ballot paper unless he first takes an oath in the form prescribed.

 

3. Whenever the ballot paper of an elector has been marked in accordance with this section, the poll clerk shall enter in the poll book opposite the name of the elector the fact that the ballot paper was so marked, the reason therefor and, if marked by a friend, the name and the number in the official list of electors of that friend.

 

1. If an applicant to vote represents himself to be an elector whose name appears on the official list of electors or part thereof for a polling place and there has already been placed a mark against the name of such elector on the presiding officer's copy of such list or part thereof, the presiding officer shall issue to such applicant a tendered ballot paper if-

 

1. the applicant hands to him his identity paper;

 

2. the applicant takes an oath of identity in the form prescribed; and

 

3. the presiding officer is satisfied as to the matters set out in section 70(1).

 

2. A tendered ballot paper shall not be put in the ballot box but shall be given to the presiding officer and endorsed by him with the name of the elector and his number in the official list of electors; and the tendered ballot paper shall be set aside in a separate packet and shall not be counted by the returning officer.
3. The poll clerk shall enter in the poll book the name of every elector to whom a tendered ballot paper is given and a note of his having marked such a ballot paper.

 

 76. The poll clerk shall-

1. make in the poll book such entries as are required by this Act or directed by the presiding officer;

 

2. enter in the poll book the word "SWORN" opposite the name of each elector to whom any oath is administered and "REFUSED TO BE SWORN" or "REFUSED TO ANSWER" opposite the name of each elector who has refused to take an oath or who has refused to answer any question when legally so required.

 

1. Every person specified in section 79(1)tb) attending the polling place shall maintain and aid in maintaining the secrecy of the voting and shall not, except for a purpose authorised by law, communicate to any person before the poll is closed any information as to -

 

1. the name of any elector who has or has not applied for a ballot paper or voted whether on his own behalf or as a proxy on behalf of another elector;

 

2. the number in the official list of electors of any elector who, or whose proxy on his behalf, has or has not applied for a ballot paper or voted;

 

3. the official mark.

 

2. No person shall-

 

1. except in the performance of his duty under this Act interfere with or attempt to interfere with an elector when casting his vote or, as a proxy, that of another elector;

 

2. obtain or attempt to obtain in a polling place information as to the list of candidates for whom an elector in that polling place is about to vote or has voted either on his own behalf or as a proxy on behalf of another elector;

 

3. communicate at any time to any person any information obtained in a polling place as to the list of candidates for whom an elector in that polling place is about to vote or has voted either on his own behalf or as a proxy on behalf of another elector;

 

4. directly or indirectly induce an elector to display his ballot paper or that of another elector for whom he has voted as a proxy after he has marked it, so as to make known the list of candidates for whom he has or has not voted either on his own behalf or on behalf of an elector for whom he has voted as a proxy.

 

3. No person having undertaken to assist an elector incapacitated by blindness or other physical cause to vote shall communicate at any time to any person any information as to the list of candidates for whom that elector intends to vote or has voted.

 

4. Any person who contravenes any of the provisions of this section shall be liable on summary conviction to a fine of one thousand dollars and to imprisonment for six months.

 

1. No person shall anywhere within a distance of two hundred yards of a polling place annoy, molest or otherwise interfere with an elector or attempt to obtain any information as to the list of candidates for whom any elector in the polling place is about to vote or has voted either on his own behalf or as a proxy on behalf of another elector.

 

2. Any person who contravenes any of the provisions of this section shall be liable on summary conviction to a fine of one thousand dollars and to imprisonment for six months.

 

1. Any person who, without due authority, obstructs, or otherwise interferes with-
1. access to, or egress from, a polling place;

 

2. the voting at an election by any person registered as an elector:

 

3. the conveyance of documents, supplies and other material pertaining to an election, including ballot boxes and ballot papers;

 

4. the counting of the votes cast at an election; or

 

5. an election officer in the exercise of any function conferred upon him by this Act, shall be liable on summary conviction to a fine of one thousand dollars together with imprisonment for a term of one year and shall, in addition, be incapable during a period of five years from the date of conviction-

 

1. of being registered as an elector; and

 

2. of being elected as a member of the National Assembly.
2. Section 128(2), as the same applies in relation to a person convicted of an illegal practice, applies mutatis mutandis in relation to a person convicted of an offence under this section.

 

1. The presiding officer may, for the purpose of maintaining order at the polling place-

 

1. regulate the admission of electors and may, if he deems it advisable, direct that not more than one elector for each compartment shall at the same time enter the room where the poll is held;
2. exclude all other persons except-

 

1. the Minister, members of the Commission and members of any team of observers appointed by the Minister;

 

2. election officers;

 

3. duly appointed candidates;

 

4. polling agents for the polling place;

 

5. members of the Police Force, the Guyana Defence Force and the bodies known as the Guyana National Service and the Guyana People's Militia.

 

6. election agents;

 

7. assistant agents for the district in which the polling place is situate;

 

3. issue such directions as may be necessary for such purpose.
2. If any person (whether entitled to enter or not) misconducts himself at a polling place or fails to obey any lawful direction, requirement or order of the presiding officer, whether given or made under this or any other section, he may immediately, by order of the presiding officer, be removed therefrom by a member of the Police Force or by any other person authorised in writing by the presiding officer to remove him, and the person so removed shall not, without the permission of the presiding officer, again enter the polling place on election day:

 

Provided that the powers conferred by this subsection shall not be so exercised as to prevent an elector entitled to vote at a polling place having an opportunity to vote thereat.

 

3. Any person removed from a polling place under subsection (2) may, if charged with the commission of an offence at or anywhere within a distance of two hundred yards of the polling place, be dealt with as a person taken into custody by a police officer for an offence without warrant.

 

1. All premises to which spirit shop licences, off licences and railway station or stelling licences have been issued under the Intoxicating Liquor Licensing Act shall be closed and kept closed on election day.

 

2. No intoxicating liquor shall be sold, offered for sale, or given away at any premises to which a licence issued under the Intoxicating Liquor Licensing Act applies, at any time between the opening of and the closing of the poll on election day.

 

3. No intoxicating liquor shall be supplied to any person at any premises to which a licence issued under the Registration of Clubs Act applies at any time between the opening of and the closing of the poll on election day.

 

4. Any person who contravenes any of the provisions of this section shall be liable on summary conviction to a fine of one thousand dollars and to imprisonment for six months.

 

1. Every employer shall permit every elector in his employ, other than any elector on whose behalf another elector has been appointed to vote as a proxy, to be absent from his work on election day for a reasonable time, in addition to the normal midday meal hour, for the purpose of voting at the election; and no employer shall make any deduction from pay or other remuneration of any such elector or impose on him or exact from him any penalty by reason of his absence during such period.

 

2. Employees of the Transport and Harbours Department shall be deemed to be employees for the purposes of this section except such as are actually engaged in running trains and vessels and to whom time cannot be allowed without interfering with the running of the trains and vessels; and the General Manager of the Transport and Harbours Department shall be deemed to be the employer of such employees.

 

 83. The presiding officer, as soon as practicable after the closing of the poll in the presence of such of the persons entitled by section 79(1)(b) to be present, as attend shall-

1. secure and seal, with his seal and with the seals of such of the duly appointed candidates and polling agents as desire to affix their seals, the ballot box in such manner that it cannot be opened and that nothing can be inserted therein or taken therefrom without breaking the seals;

 

2. make up in the separate packets, sealed, with his seal and with the seals of such of the persons mentioned in paragraph (a) as desire to affix their seals-

 

1. the unused and spoiled ballot papers and tendered ballot papers placed together;

 

2. the used tendered ballot papers;
3. the counterfoils of the used and spoiled ballot papers and tendered ballot papers and the certificates of employment;

 

4. the marked copies of the official list of electors, or part thereof;

 

5. notices of appointments to vote as proxy and copies of the lists of proxies;

 

6. the poll book;

 

3. deliver the sealed ballot box and the sealed packets to the returning officer of the district in which the polling place is situate together with a statement in writing, to be called "the ballot papers account", prepared by the presiding officer in Form 23.

 

84.

1. Subject to the provisions of this Act, the votes cast at the polling places in each district shall be counted by the returning officer of that district in accordance with the provisions of this Part.

 

2. If the Chief Election Officer is satisfied that it is necessary or expedient in the interests of the carrying out of the provisions of this Part with due despatch or security he may, by notice published in the Gazette, direct that for the purposes of the counting of the votes the returning officers of districts specified in the notice shall count the votes for their respective districts at a place appointed by the said notice and this Act shall have effect accordingly.

 

3. Where the Chief Election Officer has given a direction pursuant to subsection (29)

 

1. he may designate one of the returning officers of the districts specified in the notice to exercise general direction and supervision over the counting of votes at the place so appointed;

 

2. references in this Part to election officers, duly appointed candidates and counting agents shall have effect as if they included references to such persons appointed in respect of any of the districts in respect of which the direction applies.

 

1. The election agent of each group of candidates may appoint one of the candidates, hereinafter in this Part referred to as the "duly appointed candidate" to attend at the counting of the votes in a district.

 

2. Notice in writing of appointments made under subsection (1), stating the names and addresses of the candidates appointed shall be signed by the election agent and delivered to the returning officer of the district not later than the 7th day before election day.

 

3. There shall not be more than one duly appointed candidate of the same list of candidates for any one district.

 

1. No person shall be present at the counting of the votes except-

 

1. the returning officer and such other election officers as he may appoint to assist him in the counting.

 

2. the Minister, members of the Commission and members of any team of observers appointed by the minister;

 

3. duly appointed candidates;

 

4. counting agents;

 

5. such other persons as, in the opinion of the returning officer, have good reason to be present.

 

2. The returning officer shall give the counting agents all such reasonable facilities for overseeing the proceedings and all such information with respect thereto as he can give them consistent with the orderly conduct of the proceedings and with the discharge of his duties in connection therewith.

 

1. The returning officer shall, as soon as practicable after the receipt of all the ballot boxes and packets delivered to him in pursuance of section 83(c), in the presence of such of the persons entitled under section 86(1) to be present as attend-

 

1. open each ballot box;

 

2. take out the ballot papers;

 

3. count and record the number of ballot papers taken from each ballot box;

 

4. mix together the whole of the ballot papers taken from the ballot boxes;

 

5. count the votes recorded for each list of candidates.

 

2. In counting the votes the returning officer shall, subject to subsection (3), reject as invalid and not count any ballot paper-

 

1. which does not bear the official mark;

 

2. which has not been marked for any list of candidates or is void for uncertainty;

 

3. on which votes have been given for more than one list of candidates;

 

4. on which there is any writing or mark by which the elector can be identified.

 

3. A ballot paper on which the vote is marked-

 

1. elsewhere than in the proper place;

 

2. otherwise than by means of a cross;

 

3. by more than one mark;

 

shall not be rejected solely by reason thereof if-

 

1. an intention that the vote shall be for one or other of the lists of candidates clearly appears; and

 

2. the elector is neither identified nor can be identified by the manner in which the ballot paper is marked.

 

4. The returning officer shall endorse the word "rejected any ballot paper which he may reject as invalid and shall add to the endorsement the words "rejection objected to" if any objection to his decision be made by a duly appointed candidate or a counting agent present during the counting.

 

5. The decision of the returning officer as to any question arising in respect of any ballot paper shall be final.

 

 89.

1. Upon the conclusion of the counting of the votes the conclusion of returning officer, in the presence of such of the persons entitled under section 86(1) to be present as attend, shall-
1. seal in separate packets the counted and rejected ballot papers;

 

2. verify the ballot papers account given by each presiding officer by comparing it with-

 

1. the number of ballot papers recorded under section 87(1)(c);

 

2. the unused and spoiled ballot papers in his possession; and

 

3. the record of tendered votes contained in the poll book;

 

3. reseal the packets of unused and spoiled ballot papers;

 

4. prepare a written statement as to the result of the verification of the ballot papers account and on request allow any counting agent present to make a copy thereof;

 

5. publicly declare and communicate to the Chief Election Officer by the quickest available means the number of valid votes cast for each list of candidates in the returning officer's district;

 

6. deliver to the Chief Election Officer a return in writing in Form 24 which shall set out the number of- Form 24.

 

1. valid votes cast for each list of candidates as aforesaid;

 

2. rejected ballot papers together with, in each case, the reason for rejection;

 

3. spoiled ballot papers delivered to him;

 

4. tendered ballot papers;

 

5. persons who appear to have voted.
2. The returning officer shall not open the sealed packets containing tendered ballot papers, marked copies of the official list of electors or part thereof or counterfoils of used ballot papers.

 

3. Any counting agent may copy the return made under subsection (I)(f).

 

91.

1. No person, other than-

 

1. The Chief Election and such staff appointed under section7 (d) as he may designate to assist him in the counting;

 

2. The Minister, members of the Commission and any team of observers appointed by the Minister;

 

3. candidates appointed under subsection (2);

 

4. election agents;

 

5. such other persons as, in the opinion of the Chief Election Officer, have good reason to be present, shall be present at the counting of the votes cast under Part VII.

 

2. The election agent of each group of candidates may appoint one of the candidates for the purposes of subsection (1)(c).

 

3. Notice in writing of such appointment, stating the name and address of the candidate, shall be signed by the election agent and delivered to the Chief Election Officer not later than the 7th day before election day.

 

4. There shall not be mote than one candidate appointed from the same list of candidates for the said purposes.

 

5. The Chief Election Officer shall give persons present by virtue of subsection 1(c) or (d) all such reasonable facilities for overseeing the proceedings and all such information with respect thereto as he can give them consistent with the orderly conduct of the proceedings and with the discharge of his duties in connection therewith.

 

1. The Chief Election Officer shall, as soon as practicable after the discharge of his functions assigned by Part VII with reference to election day, in the presence of such of the persons entitled under section 91(1) to be present as attend-

 

1. open each ballot box used for the purposes of that Part;

 

2. take out the ballot papers;

 

3. mix together the ballot papers which were contained in each ballot box;

 

4. count and record the number of such votes for each list of candidates as were cast in each ballot box.

 

2. The provisions of section 87(2), (3), (4) and (5) shall, as they apply in relation to the counting of votes by a returning officer, apply mutatis mutandis in relating to the counting of votes under this section

 

Provided that subsection (4) aforesaid shall, in its application by virtue of the foregoing provisions of this subsection, have effect as if for the reference in that subsection to a counting agent there had been substituted reference to an election agent.

 

 94.

1. Upon the conclusion of the counting of the votes under this Part the Chief Election Officer, in the presence of such of the conclusion of persons entitled under section 91(1) to be present as attend, shall-

 

1. seal in separate packets the counted and rejected ballot papers;

 

2. prepare a written statement, as to the result of the verification of the non-resident electors' ballot papers accounts under section 63(3) and on request allow any candidate appointed under section 91 or election agent present to make a copy thereof;

 

3. publicly declare the aggregate number of valid votes cast under section 62(1) for each list of candidates;

 

4. record, in Form 25, the number of-

 

1. valid votes cast as aforesaid for each list of candidates;

 

2. rejected ballot papers together with, in each case, the reason for rejection;

 

3. persons who appear to have voted under Part VII.

 

2. Any candidate appointed as aforesaid or election agent may copy the record made under subsection (I)(d).

 

96. The Chief Election Officer shall calculate the total number of valid votes of electors which have been cast for each list of candidates and thereupon shall ascertain the result of the election in accordance with sections 97 and 98. 97.

1. The total number of votes cast for all the lists of candidates shall be divided by fifty-three and the whole number resulting from that division shall be known as "the electoral quota".

 

2. The number of votes cast for any list shall be divided by the electoral quota; there shall be allocated to that list a number of seats equal to the whole number resulting from that division; and the number of votes represented by a fraction so resulting shall be known as "surplus votes" of the list; and if the number of votes cast in accordance with this Act for any list is less than the electoral quota, those votes shall accordingly be treated as surplus votes of that list.

 

3. Any seat or seats remaining unallocated after seats have been allocated in accordance with subsection (2) shall be allocated as follows-

 

1. one seat shall be allocated to the list with the largest number of surplus votes;

 

2. if the number of seats so remaining is two or more, one seat shall be allocated to the list with the next largest number of surplus votes, and so on until all the seats so remaining have been allocated;

 

3. for the purposes of this paragraph, where two or more lists have equal numbers of surplus votes, then lots shall be drawn by the Chairman of the Commission in the presence of the representatives of the lists affected to determine which list or lists shall be deemed to have more surplus votes than the other list or lists.

 

4. For the purposes of the foregoing provisions of this section a combination of lists shall be treated as one list.

 

5. The seats allocated to a combination of lists shall be allocated among the lists comprised in the combination in accordance with subsections (2) and (3), the electoral quota for that purpose being the whole number found by dividing the total number of votes cast for the combination of lists by the number of seats allocated to the combination.

1. the representative of the list; or

 

2. if the representative is unwilling or unable (by reason of absence, illness or any other cause when he is called upon by the Chief Election Officer) sot o do, the deputy representative of such list; or

 

3. in case of any such unwiLlingness or inability on the part of the deputy representative, a majority of the persons named in that list may designate in writing any such person able and willing (when called upon as aforesaid) so to do. who,

 

 99. As soon as practicable after election day the Commission shall publicly declare the results of the election and shall cause to be published in the Gazette a notification thereof, specifying-

1. the number of votes cast for each List of candidates;

 

2. the number of rejected ballot papers;

 

3. the number of seats allocated to each list of candidates; and

 

4. the names of the persons who, as a result of the election, have become members of the National Assembly;

 

 99A.

1. If the seat of a member of the National Assembly who was elected pursuant to article 60(2) Or the Constitution is vacant for any cause other than a dissolution of Parliament. the vacancy shall be filled by the person who is not such an elected member of the Assembly but is qualified for election as, and willing to become, such a member and whose name is taken from the relevant list of candidates by way of further extraction therefrom in accordance will the provisions or section 98 by the representative or deputy representative of such list or a person designated by a majority of persons named in such list, as the case may be, as shall be called upon so to do so by the Speaker, following as nearly as may be the like method as was observed at the preceding election of members under article 60(2) of the Constitution. [under article 60(2) of the constitution, the name of every person who became an elected member of the Assembly ar that preceding election, or has since become such a member, being ineligible for extraction under the foregoing provisions of this subsection; and if there is no persons whose name is eligible therefor the seat shall remain vacant until it is filled consequent upon an ensuing election under article 60(2) aforesaid.

 

2. In subsection (1) "the relevant list of candidates" means the list in which was included the name of the member of the Assembly vacating his seat or, where the vacancy exists because a person is held in proceedings under article 163 of the Constitution not to have been qualified to be elected as such a member, the name of that person."

 

 101. The Chief Election Officer shall as soon as practicable after Election the election cause to be prepared and printed a general report on the election including the particulars specified in section 99 and the total number of electors registered under the National Registration Act.

 102.

1. The returning officer of each district shall, as soon as practicable after making the return required by section 89(1)(f), make up in one parcel the packets he has received in pursuance of section 83(c) and the other papers used at the polling places and in his possession and shall seal the parcel so that it cannot be opened without breaking the seals and deliver it to the Chief Election Officer.

 

2. The Chief Election Officer shall keep all parcels received in pursuance of subsection (I) in safe custody and, subject to the provisions of this Act and any law made under article j of the Constitution, allow no person to have access thereto.

 

3. The returning officer of each district shall, as soon as practicable after delivering the election documents, in accordance with subsection (1), cause the ballot boxes used at the election, together with their locks and keys, to be deposited in the custody of the member of the Police Force in charge of a police station in his district.

 

4. The Chief Election Officer shall, as soon as practicable after the discharge of his functions under Part X, cause the ballot boxes used for the purposes of Part VII, together with their locks and keys, to be deposited in the custody of the member of the Police Force in charge of the police station nearest to the place where such functions were discharged in relation to those ballot boxes.

 

5. Subject to the requirements of section 63(2) and (3), the provisions of section 102(2) shall, as they apply to the parcels mentioned therein, apply to every packet delivered to, or made up by, the Chief Election Officer pursuant to section 57(1)(b), (c), (d) or (e), or made up under section 94(1)(a), and to everything not dealt with under section 63(1)(e) or (f) by reason of its having been returned or delivered to the Chief Election Officer after election day.

 

103.

1. The election agent of a group of candidates shall appoint every clerk and messenger employed for payment on behalf of the group at the election and shall hire every committee room hired on behalf of the group.

 

2. A contract whereby any expenses are incurred on account of or in respect of the conduct or the management of the election shall not be enforceable against a candidate unless made by the candidate or by the election agent of the group to which the candidate belongs:

 

Provided that the inability under this Act to enforce such contract against a candidate shall not relieve such candidate from the consequences of any corrupt or illegal practices committed by the election agent or assistant agent of his group with the consent or connivance- of such candidate.

 

1. Except as permitted by this section or in pursuance of section 111, no payment and no advance or deposit shall be made by a candidate or by any other person at any time in respect of election expenses otherwise than by or through the election agent of the group of candidates to which the candidate belongs.

 

2. A candidate may pay personal expenses incurred by him on account of or in connection with or incidental to the election to an amount not exceeding one thousand dollars; and such candidate shall send to the election agent of his group of candidates not later than the 14th day after the declaration of the results of the election under section 99 a written statement of personal expenses so paid.

 

3. Any personal expenses in excess of one thousand dollars incurred by a candidate shall be paid by the election agent.

 

4. If a candidate pays personal expenses in excess of the sum specified in subsection (2) he shall be guilty of an illegal practice.

 

1. A person authorised in that behalf by an election agent may pay any necessary expenses for stationery, postage, telegrams and other petty expenses, or may pay any expenses incurred outside Guyana on account of or in respect of the conduct or the management of the election, to a total amount not exceeding that named in the authority; and such person shall send to the election agent not later than the 14th day after the declaration of the results of the election under section 99 a written statement of the payments so made together with particulars thereof.

 

2. Any petty expenses incurred in excess of the amount named in the authority of the election agent shall be paid by the election agent.

 

1. No expense shall be incurred by or on behalf of a group Maximum of candidates and no payment shall be made on their behalf whether before, during or after the election, on account of or in respect of the conduct and management of the election-

 

1. in excess of the sum of two thousand five hundred dollars multiplied by the number of candidates not exceeding 53 on the list of candidates;

 

2. for purposes other than the following-

 

1. the expenses of printing, advertising, publishing, issuing and distributing addresses and notices;

 

2. the expense of stationery, messages, postages and telegrams;

 

3. the expense of holding public meetings and holding outside Guyana meetings open to electors generally;

 

4. the expenses of committee rooms, no more than one such room being situated in each district within the meaning of the National Registration Act;

 

5. expenses permitted under section 1 18;

 

6. the personal expenses of candidates.

 

2. In determining the total expenditure incurred by a group of candidates no regard shall be had to amounts paid by candidates under section 104(2).

 

3. If an election agent incurs or pays election expenses in excess of the sum specified in subsection (1), or for purposes other than those therein specified, he shall be guilty of an illegal Practice.

 

4. If a candidate pays any election expenses except his personal expenses otherwise than by or through the election agent of his group of candidates or in pursuance of section 111 he shall be guilty of an illegal practice.

 

 108.

1. Not later than the 35th day after the declaration of the return and results of the election under section 99 the election agent of each group declarations of candidates shall forward to the Chief Election Officer a return which shall be in Form 26 and shall contain statements pf-

 

1. all payments made by the election agent;

 

2. the amount of personal expenses paid by each of the candidates;

 

3. all disputed claims of which the election agent is aware;

 

4. all unpaid claims of which the election agent is aware in respect of which application has been or is about to be made to the High Court;

 

5. all money, securities and equivalent of money received by the election agent from the candidates or any other person for the purposes of expenses incurred or to be incurred on account of or in respect of the conduct or management of the election and the name of every person from whom such money, securities and equivalent of money were received;

 

6. any duly authorised expenses incurred for any purpose referred to in section 114(1).

 

2. Every payment made by an election agent, in respect of any expenses incurred on account of or in respect of the conduct or management of the election shall except where less than five dollars be vouched for by a receipt or by a bill stating the particulars; and all such bills and receipts shall be sent to the Chief Election Officer with the election expenses return.

 

3. The election expenses return shall be accompanied by a declaration by the election agent as to election expenses, in Form 27 and each candidate shall make and transmit, or cause to be transmitted, to the Chief Election Officer not later than the 35th day after the declaration of the results of the election under section 99, a declaration as to election expenses in Form 28.

 

4. Where, after the election expenses return has been forwarded to the Chief Election Officer, leave is given by the High Court for any claim to be paid, the election agent shall, within seven days of the payment of such claims, forward to the Chief Election Officer a return of the sums paid together with a copy of the order of the court.

 

5. If without an authorised excuse a candidate or an election agent fails to comply with any requirement imposed on him by this section, he shall be guilty of an illegal practice.

 

1. The Chief Election Officer shall, as soon as may be after the receipt of each election expenses return, cause to be published in the Gazette a summary thereof, accompanied by a notice of the time and place at which the election expenses return and accompanying documents and the election expenses declarations can be inspected.

 

2. Election expenses returns and accompanying documents and election expenses declarations shall at all reasonable times during a period of two years after their receipt be open to inspection at the office of the Chief Election Officer by any person on payment of a fee of twenty four cents; and the Chief Election Officer shall on demand furnish copies thereof or of part thereof on payment of a fee of twelve cents for every one hundred and twenty words or part of one hundred and twenty words.

 

3. After the expiration of two years the Chief Election Officer may cause the election expenses return and accompanying documents and the election expenses declarations to be destroyed unless any election agent requires them to be sent to him.

 

1. Where the election expenses return or any expenses declaration has not been submitted as required by section 108, or having been submitted contains an error or a false statement, then-

 

1. if any candidate applies to the High Court, and shows that his failure to submit an election expenses declaration or any part thereof, or any error or false statement therein has arisen by reason of his illness, or of the absence, death, illness or misconduct of another candidate or of the election agent or of an assistant agent or of any clerk or officer employed by the election agent, or by reason of inadvertence or of any reasonable cause of a like nature, and not by reason of any want of good faith on the part of the applicant; or

 

2. if an election agent applies to the High Court and shows that his failure to submit the return and his declaration, or either of them, or any part thereof, or any error or false statement therein, has arisen by reason of his illness, or by reason of the absence, death, illness or misconduct of a candidate or of a former election agent of the group or of an assistant agent or of any clerk or officer employed by the election agent, or by reason of inadvertence or of any reasonable cause of a like nature, and not by reason of any want of good faith on the part of the applicant;

 

the court may, on being satisfied that notice of the application has been published in two newspapers circulating in Guyana, and on production of such evidence of the grounds stated in the application, and of the good faith of the application, and otherwise, as to the court seems fit, make an order allowing an authorised excuse for the failure to submit the return or any declaration as the case may be or for any error or a false statement therein, as to the court seems just.

 

2. Where it appears to the court that any person being or having been a candidate, an election agent or assistant agent has refused or failed to make such return or declaration or supply such particulars as to enable any candidate or an election agent to comply with any requirement imposed on him by section 108, the court, before making an order allowing an authorised excuse, shall order such person to attend before the court; and, on his attendance shall, unless he shows cause to the contrary, order him to make and deliver such return or declaration or supply such particulars within such time and to such person and in such manner as to the court seems just, or may order him to be examined with respect to such particulars, and may, in default of compliance with any such order, order him to pay a fine of five hundred dollars

 

3. An order allowing an authorised excuse may be made conditional upon the making of the election expenses return or any election expenses declaration or upon the making of them in a modified form or within an extended time and upon the compliance with such other terms as to the court seem best calculated for carrying into effect the objects of these regulations; and an order allowing an authorised excuse shall relieve the applicant for the order from any liability or consequences under this Act in respect of the matter excused by the order.

 

4. The date of the order allowing an authorised excuse, or if conditions and terms are to be complied with, the date on which the applicant for the order fully complies with them, is in this Act referred to as the date of the allowance of the excuse.

 

1. Every claim against any candidate or against an election agent in respect of any expenses incurred on account of or in respect of the conduct or management of an election shall be sent to the election agent not later than the 14th day after the publication under section 99 of the results of the election.

 

2. Any such claim as is specified in subsection (I) which is not sent to the election agent within the time therein prescribed shall be barred and not paid.

 

3. An election agent who pays a claim in contravention of subsection (2) shall be guilty of an illegal practice.

 

4. All expenses incurred on account of or in respect of the conduct or management of the election shall be paid not later than the 28th day after the publication under section 99 of the results of the election.

 

5. An election agent who makes a payment in contravention of subsection (4) shall be guilty of an illegal practice.

 

6. If an election agent disputes any claim received by him within the time limited by subsection (I) or if he refuses or fails to pay such claim within the period mentioned in subsection (4), such claim shall be deemed to be a disputed claim.

 

7. A claimant may, if he thinks fit, bring an action for a disputed claim in any competent court; and anything paid by a candidate or by an election agent in pursuance of the judgment or order of the court shall be deemed to be paid within the time limited by subsection (I) and to be an exception from the provisions of this Act requiring claims to be paid by the election agent.

 

8. The High Court may, on application by the claimant or by a candidate or by an election agent and on cause shown to its satisfaction, by order give leave for the payment by a candidate or by an election agent of a disputed claim or for a claim in respect of expenses incurred on account of or in respect of the conduct or management of an election, notwithstanding that such claim was sent after the time limit prescribed by subsection (1), and notwithstanding the sending of such claim to a candidate and not to the election agent.

 

9. Any sum specified in any order of the court made under subsection (8) may be paid by a candidate or by an election agent and when paid in pursuance of such order shall be deemed to be paid within the time limited by subsection (1).

 

1. any act or omission of any candidate or of any election agent or of any other agent or person, would, by reason of being a payment, contract, engagement, employment or hiring, or the incurring of an expense in excess of the maximum allowed, in contravention of any of the provisions of this Act pertaining thereto, be but for this section an illegal practice, payment, employment or hiring; and

 

2. such act or omission arose from inadvertence or from accidental miscalculation or from some other reasonable cause of a like nature, and in any case did not arise from any want of good faith; and

 

3. notice of the application has been published in two news papers circulating in Guyana,

 

 113. The provisions of this Act prohibiting certain payments creditors, and contracts for payments, and the payment of any sum and the incurring of any expense in excess of the prescribed maximum, shall not affect the rights of any creditor who when the contract was made or the expense incurred was ignorant that such contract, payment or expense was in contravention of this Act.

 114.

1. No expenses shall, with a view to promoting or procuring the election of a group of candidates, be incurred by any person other than the election agent of the group or by a person authorised in writing by him on account of-

 

1. holding any meetings mentioned in section 106(1)(b)(iii) or organising-

 

1. any public display; or

 

2. any display, outside Guyana, open to electors generally;

 

2. issuing advertisements, circulars or publications;
3. otherwise presenting to the electors the candidates of the group or any of them or their views or the extent or nature of their backing or of disparaging the candidates of another group or any of them:

 

Provided that paragraph (c) shall not-

 

1. restrict the publication of any matter relating to the election in a newspaper or other periodical; or
2. apply to any expenses not exceeding in the aggregate the sum of five dollars which may be incurred by an individual and are not incurred in pursuance of a plan suggested by or concerted with others, or to expenses incurred by any person travelling or in living away from home or similar personal expenses.

 

2. Any person other than an election agent or a person authorised in that behalf in writing by him who incurs expenses prohibited by subsection (I) shall be guilty of a corrupt practice.

 

3. Any expenses incurred on account of any purpose referred to in subsection ( I ) and duly authorised by the election agent shall be returned as part of the election expenses of the group of candidates.

 

116. Any person who knowingly provides money-

1. for any payment which is contrary to this Act;

 

2. for any expenses in excess of the maximum allowed by this Act;

 

3. to replace any money expended in any such payment or expenses,

 

 117. Any person who corruptly induces or procures any other person to withdraw from being a candidate at an election, in consideration of any payment or promise of payment shall be guilty of illegal payment; and any person withdrawing in pursuance of such inducement or procurement, shall also be guilty of illegal payment.

 118.

1. No person shall, for the purpose of promoting or pro- curing the election of a group of candidates at an election be engaged or employed for payment or promise of payment for any purpose or in any capacity whatsoever, except for the following-

 

1. one election agent;

 

2. one assistant agent for each district;

 

3. one polling agent in each polling place;

 

4. one counting agent for each district;

 

5. two clerks and two messengers for each committee room;

 

6. persons to exercise outside Guyana such authority mentioned in section 105 or 114 as may be conferred upon them, respectively.

 

2. If any person is engaged or employed in contravention of this section the person engaging or employing him shall be guilty of illegal employment; and the person so engaged or employed shall also be guilty of illegal employment if he knew that he was so engaged or employed contrary to law.

 

1. No person shall let, lend or employ for the purposes of the conveyance of electors to or from the poll, any public stage or hackney carriage, or any horse or other animal kept or used for drawing the same, or any carriage, horse or other animal which he keeps or uses for the purpose of letting out for hire; and any person who contravenes this subsection knowing the purpose of the letting, lending or hiring shall be guilty of illegal hiring.

 

2. No person shall hire, borrow or use for the purpose of the conveyance of electors to or from the poll any carriage, horse or other animal which he knows the owner thereof is prohibited by subsection(l) from letting, lending or employing; and any person who contravenes this subsection shall be guilty of illegal hiring.

 

3. Nothing in this section or in section 122 shall prevent a carriage, horse or other animal being let to or hired, employed or used by an elector or several electors at his own or their own joint cost, for the purpose of being conveyed to or from the poll.

 

1. No person shall let, hire or use as a committee room forthe purpose of promoting or procuring the election of a group of candidates at an election any of the following premises-
1. any premises wherein the sale by wholesale or retail of any intoxicating liquor is authorised by any licence, whether such licence authorises the sale for consumption on or off the premises;

 

2. any premises where any intoxicating liquor is sold or supplied to members of a club, society or association other than a permanent political club;

 

3. any premises wherein refreshment of any kind, whether food or drink, is ordinarily sold for consumption in the premises.

 

2. Any person who hires or uses premises in contravention of subsection (I) shall be guilty of illegal hiring and any person who lets or permits to be used such premises or part thereof shall also, if he knew it was intended to use such premises or part thereof as a committee room, be guilty of illegal hiring.

 

3. Nothing in this section shall apply to any part of premises described in subsection (1) which is ordinarily let for the purpose of chambers or offices or the holding of public meetings or arbitrations if such part has a separate entrance and no direct communication with any part of the premises on which intoxicating liquor or refreshment is sold or supplied.

 

122.

1. No payment or contract shall, for the purpose of promoting the election of a group of candidates at an election, be made-
1. on account of the conveyance of electors to or from the, poll, whether for the hiring of horses or carriages or for railway fares, water or air transport fares or otherwise: or

 

2. to an elector on account of the use of any house, land, building or premises for the exhibition of any address, bill or notice, or on account of the exhibition of any address, bill or notice:

 

Provided that where it is the ordinary business of an elector as an advertising agent to exhibit for payment bills and advertisements, a payment to or contract with such elector, if made in the ordinary course of business, shall not be deemed to be an illegal practice within the meaning of this section.

 

2. If payment or contract for payment is knowingly made in contravention of this section either before, during or after an election, the person making such payment or contract for payment shall be guilty of an illegal practice; and any person receiving such payment, or being a party to any such contract, knowing it to be in contravention of this section, shall also be guilty of an illegal practice.

 

 124.

1. Any person who, before or during an election, shall, for the purpose of affecting the return of any group of candidates, make or publish any false statement of fact in relation to the personal character or conduct of the candidates of that group or any of them shall, subject to subsection (2), be guilty of an illegal practice.

 

2. No person shall be deemed to be guilty of illegal practice under this section if he can show that he had reasonable grounds for believing, and did believe, the statement made by him to be true.

 

3. A person making or publishing a false statement of fact in contravention of subsection (l) may be restrained by interim or perpetual injunction by the High Court from any repetition of that false statement or of a false statement of a similar character in relation to the candidate, and, for the purposes of granting an interim injunction, prima facia proof of the falsity of the statement shall be sufficient.

 

1. No person shall-

 

1. print or publish, or cause to be printed or published, any bill, placard or poster having reference to an election or any printed document distributed for the purpose of promoting or procuring the election of a group of candidates;

 

2. post or cause to be posted any such bill, placard or posters specified in paragraph (a);

 

3. distribute or cause to be distributed any printed document for the purpose specified in paragraph (a), unless the bill, placard, poster or document bears upon the face thereof the names and addresses of the printer and publisher.

 

2. For the purposes of this section, any process for multiplying copies of a document, other than copying it by hand, shall be deemed to be printing and the word "printer" shall be construed accordingly.

 

3. Any candidate, or any election agent who contravenes this section shall be guilty of an illegal practice; and any other person who contravenes this section shall be liable on summary conviction to a fine of five hundred dollars, or if the offence be not triable summarily by reason of anything comprehended therein having been done, omitted or situated anywhere beyond the limits of summary jurisdiction exercisable in Guyana, he shall, unless it is proved that he was not a citizen of Guyana at the time of the offence, be liable upon conviction on indictment in Guyana to a fine of one thousand dollars or to imprisonment for one year.

 

1. votes either on his own behalf or as a proxy on behalf of another person or procures any person to vote either on his own behalf or as a proxy on behalf of another person, at an election, knowing that he or such other person is not an elector;

 

2. applies for the appointment of a person to vote on his behalf at an election as a proxy knowing that he or the person for whose appointment he applies is not an elector or who in such application makes a false statement as to his entitlement to vote by proxy;

 

3. before or during an election knowingly publishes a false statement of the withdrawal of a list of candidates or of any of the candidates named therein for the purpose of promoting orprocuring the election of the candidates named in another list;

 

4. hands to a, poll clerk or a presiding officer-

 

1. a forged identity paper; or

 

2. save as permitted by these regulations the identity paper of some other person; or

 

3. a forged notice of appointment to vote as a proxy on behalf of some other person,

 

 127. Any person who-

1. votes on his own behalf more than once; or

 

2. votes in person on his own behalf when there is in force an appointment of another person to vote as a proxy on his behalf; or

 

3. applies for a person to be appointed as a proxy to vote on his behalf without applying for the cancellation of an existing appointment of some other person to vote as a proxy on his behalf or without withdrawing a pending application for such appointment; or

 

4. votes as a proxy more than once on behalf of the same elector; or

 

5. votes as a proxy on behalf of more than two electors,

 

 128.

1. Any person guilty of an illegal practice-

 

1. shall, on summary conviction, be liable to a fine of five hundred dollars and to imprisonment for six months or, if the offence be not triable summarily by reason of anything comprehended therein having been done, omitted or situated anywhere beyond the limits of summary jurisidiction exercisable in Guyana, he shall, unless having been neither a candidate nor an election agent at the time of the offence he is proved not to have been a citizen of Guyana at that time, be liable on conviction on indictment in Guyana to a fine of one thousand dollars or to imprisonment for one year; and

 

2. subject to subsection (2), shall be incapable during a period of five years from the date of his conviction, whether summarily or on indictment, of being registered as an elector.

 

2. In the case of any conviction of an illegal practice the court may, if it deems it just in the special circumstances of the casc, mitigate or entirely remit any incapacity imposed by this section.

 

1. every person who corruptly, by himself or by any other person, either before, during or after an election, directly or indirectly, gives or provides or pays wholly or in part the expense of giving or providing any food, drink, entertainment or provision to or for any person for the purpose of corruptly influencing that person, or any other person, to vote or to refrain from voting, at the election, or on account of such person, or any other person,having voted or refrained from voting, or being about to vote or refrain from voting, at the election;

 

2. every elector who corruptly accepts or takes any such food, drink, entertainment or provision.

 

1. every person who directly or indirectly by himself or by any other person on his behalf-

 

1. makes use of, or threatens to make use of, any force, violence or restraint; or

 

2. inflicts, or threatens to inflict, by himself or by any other person, any temporal or spiritual injury, damage, harm or loss upon or against any person, in order to induce or compel such person to vote or refrain from voting or on account of such person having voted or refrained from voting at any election; or

 

2. every person who by abduction, duress, or any fraudulent contrivance, impedes or prevents the free exercise of the franchise of any elector, or thereby compels, induces or prevails upon any elector either to vote or to refrain from voting at any election.

 

1. every person who, directly or indirectly, by himself or by any other person on his behalf-

 

1. gives or agrees to give; or

 

2. lends or agrees to lend; or

 

3. offers or promises; or

 

4. promises to procure or promises to endeavour to procure-

 

any money or valuable consideration to or for any elector, or to or for any other person, in order to induce any elector to vote or to refrain from voting;

 

2. every person who, directly or indirectly, by himself or by any other person on his behalf, corruptly-

 

1. gives or agrees to give; or

 

2. lends or agrees to lend; or

 

3. offers or promises; or

 

4. promises to procure or promises to endeavour to procure-

 

any money or valuable consideration to or for any elector, or to or for any person on behalf of any elector, or to or for any other person, on account of such elector having voted or refrained from voting at any election:

 

3. every person who, directly or indirectly, by himself or by any other person on his behalf, corruptly-

 

1. gives or agrees to give; or

 

2. procures or agrees to procure; or

 

3. offers or promises; or

 

4. promises to procure or promises to endeavour to procure-

 

any office, place or employment or to or for any elector or to or for any person on behalf of any elector, or to or for any other person, in order to induce such elector to vote or refrain from voting;

 

4. every person who, directly or indirectly, by himself or by any other person on his behalf, corruptly-

 

1. gives or agrees to give; or

 

2. procures or agrees to procure; or

 

3. offers or promises; or

 

4. promises to procure or promises to endeavour to procure-

 

any office, place or employment to or for any elector or to or for any person on behalf of any elector, or to or for any other person, on account of any elector having voted or refrained from voting at any election

 

5. every person who, directly or indirectly, by himself or by any other person on his behalf, makes any such gift, loan, offer, promise, procurement or agreement as aforesaid to or for any person, in order to induce such person to procure the return of a group of candidates, as members of the National Assembly, or the vote of any elector at any election
6. every person who, upon or in consequence of any such gift, loan, offer, promise, procurement or agreement, procuresor engages, promises or endeavours to procure the return of any group of candidates as members of the National Assembly, or the vote of any elector at any election;

 

7. every person who-

 

1. advances or pays, or causes to be paid, any money to or to the use of any other person, with the intent that such money, or any part thereof, shall be expended in bribery at any election; or

 

2. knowingly pays, or causes to be paid, any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any election;

 

8. every elector who, before or during any election, directly or indirectly, by himself or by any other person on his behalf, receives, agrees or contracts for any money, gift, loan or valuable consideration, office, place or employment for himself or for any other person, for voting or agreeing to vote, or for refraining or agreeing to refrain from voting at any election;

 

9. every person who, after any election, directly or indirectly, by himself or by any other person on his behalf, receives any money or valuable consideration on account of any person having voted or refrained from voting, or having induced any other person to vote or refrain from voting at any election.

 

1. A person shall be deemed to be guilty of the corrupt practice of personation at an election if he-

 

1. votes as some other person whether as an elector on his own behalf or as a proxy on behalf of another elector, and whether that other person is living or dead or is a fictitious person; or

 

2. having any mark of electoral ink upon any of his fingers applies for a ballot paper for the purpose of voting as an elector; or

 

3. votes in person or as proxy-

 

1. for a person whom he knows or has reasonable grounds for supposing to be dead or to be a fictitious person; or

 

2. when he knows or has reasonable grounds for supposing that his appointment as proxy is no longer in force.

 

2. For the purpose of subsection 1(a) and (c), a person who has applied for a ballot paper for the purpose of voting shall be deemed to have voted.

 

 134. Every person who is guilty of personation or aiding, abetting, counselling or procuring the commission of the offence of personation shall, on conviction on indictment, be liable to imprisonment for two years.

 135.

1. Subject to this section, every person who is convicted of a corrupt practice shall, in addition to any other punishment, be incapable during a period of five years from the date of conviction-

 

1. of being registered as an elector;

 

2. of being elected as a member of the National Assembly.

 

2. In the event of any conviction under section 114, the court may, if it deems it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by this section.

 

1. No person shall play any instrument in a band at any meeting or in any procession held for the purpose of promoting or procuring the election of any group of candidates.

 

2. Every person who contravenes subsection (I) shall be liable on summary conviction to a fine of twenty-five dollars or to imprisonment for thirty days.

 

3. No person shall, for the purpose of promoting or procuring the election of any group of candidates-

 

1. hire any band; or

 

2. use or permit to be used in or upon any vehicle any instrument for the purpose of reproducing or amplifying any music.

 

4. Every person who contravenes subsection (3) shall be liable on summary conviction to a fine of one hundred and fifty dollars or to imprisonment for three months.

 

1. Every person who-

 

1. forges or counterfeits or fraudulently defaces, or destroys, any ballot paper or the official mark thereon or any identity paper or notice of appointment of a person to vote as a proxy; or

 

2. without due authority supplies a ballot paper to any person; or

 

3. fraudulently puts or causes to be put into any ballot box any paper other than the lawful ballot paper; or

 

4. without due authority destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers then in use for the purposes of any election; or

 

5. wilfully or negligently fails to discharge any duty or responsibility imposed on him by any of the provisions of Part V1I and relating to any packet to which paragraph (d) applies by virtue of section 56(2)(d); or

 

6. being present at any proceedings under section 54 or 55(a) of these sections to be executed in conformity with section 59(1) or section 92, 93 or 94-

 

1. interferes or attempts to interfere with any person balloting as an elector, or obstructs or attempts to obstruct the course of any such proceedings, except in the exercise of any functions required by law to be discharged for the purposes of such balloting or proceedings, as the case may be; or

 

2. obtains or attempts to obtain (except for the purposes of the proviso to section 54(a) information as to the list of candidates for whom any person is about to vote or has voted; or

 

3. acquires any such information as aforesaid and, at any time thereafter, communicates it to any person; or

 

4. directly or indirectly induces any person balloting as an elector to display his ballot paper so as to make known the list of candidates for whom he has or has not voted; or

 

5. is guilty of any wilful act or omission inconsistent with the maintenance of the secrecy of the ballot; or

 

7. undertakes to assist any person under the proviso to section 54(a) and at any time thereafter communicates any information as to the list of candidates for whom such person intends to vote, or has voted, to any other person; or

 

8. being a ballot attendant participating in any proceedings under section 54 or 55, influences or attempts to in9uence any person either not to vote or in his choice of a list of candidates to vote for at those proceedings; or

 

9. in any Form, or in any certificate on the reverse side thereof, makes any declaration or statement that he does not believe to be true, or has reasonable grounds to believe to be false, in any material respect; shall be guilty of a misdemeanour, and be liable on conviction-

 

1. if he is an election officer or other person exercising powers or performing duties connected with or relating to the conduct of elections, to a fine of one thousand dollars and to imprisonment for two years;

 

2. if he is not an election officer or such a person, to a fine of two hundred and fifty dollars and to imprisonment for six months.

 

2. Any person who attempts to commit an offence under this section shall be deemed to be guilty of an offence under this section.

 

1. not being registered as a qualified person on an electoral register compiled under the National Registration Act, votes at an election; or

 

2. induces or procures any person not so registered to vote at an election.

 

 139. Every person who wilfully mutilates, tears down, destroys, obscures, or makes any alteration in any list or notice published in accordance with this Act, shall be liable on summary conviction to a fine of one hundred dollars or to imprisonment for three months.

 140.

1. Except to the extent that jurisdiction in that behalf has been conferred, and the exercise thereof is required, by the Constitution or any law made under article~¨3 thereof (which provides for the determination by the Supreme Court of Judicature of questions as to membership of the National Assembly and elections thereto) and save as hereinbefore provided to the contrary, no question whether any function of the Elections Commission or of any of its members has been performed validly or at all shall be enquired into in any court.

 

2. No evidence of any deliberations of the Elections Commission or communications between members of the Commission regarding its business shall be admissible in any court.

141. In any indictment, information or complaint for an offence in relation to ballot boxes, ballot papers and other election material, the property in them may be stated to be in the Chief Election Officer.

 142. In any prosecution under this Act, whether on indictment or summarily, the certificate of the Chief Election Officer that the election was duly held and that the person or persons named therein were named as a candidate or candidates at such election, shall be sufficient evidence of the facts therein stated.

 143. Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of any director, manager, secretary or other officer of the body corporate, or any person purporting to act in any such capacity, he, as well as the body corporate, shall be deemed to be guilty of the offence and punished accordingly.

 144. A complaint or information against a person in respect of any offence under this Act shall be made or filed within one year or, in the case of an offence to be tried on indictment, two years after the offence was committed.

 145.

1. Any person charged with illegal payment, employment or hiring, may, notwithstanding that the act constituting the offence amounted to a corrupt or illegal practice, be found guilty of illegal payment, employment or hiring, as the case may be, if the circumstances warrant such finding.

 

2. A person charged with an illegal practice or other offence not being a corrupt practice may, notwithstanding that the act constituting the offence amounted to a corrupt practice, be found guilty of an illegal practice or other offence, as the case may be, if the circumstances warrant such finding.

 

3. Any person charged with a corrupt practice may, if the circumstances warrant such finding, be found guilty of an illegal practice and for that purpose the offence of an illegal practice shall be an indictable offence.

 

 147. No election officer shall produce for inspection or supply the thumb-print of an elector, or a copy thereof except-

1. for the purposes of this Act and its enforcement;

 

2. for purposes connected with the conduct of an election;

 

3. as otherwise expressly provided by law.

 

1. No charge laid, and no proceedings taken, in Guyana against aby person or with a view to his indictment for any offence under this Act shall, unless the contrary intention hereinbefore appears, be deemed to be unsanctioned by law, or otherwise untenable; on the ground that anything to which the indictment relates or might relate was done, ommited or situated outside Guyana or beyond any territorial limitation affecting the exercise of jurisdiction by the High Court, whether within the territory of any other State or not, provided that such person was a candidate, election agent or citizen of Guyana at the time of the offence in question.

 

2. For the purposes of subsection (1), a person against whom any charge is laid as aforesaid shall, in any proceedings taken against him as aforesaid, be deemed to have been a citizen of Guyana at the said time unless the contrary is proved.

 

3. No objection to any such proceedings as aforesaid on indictment for an offence punishable under the provisions of section 121 or 125(3) or 128(1) shall be taken or allowed for inconsistency with any such a provision conditioning the proceedings upon the absence of summary jurisdiction:

 

Provided that where the person so indicted is convicted on such indictment and the juge is satisfied that the offence could have been tried summarily, such person shall be liable to no more than the like punishment as on summary conviction for such an offence.

 

4. The foregoing provisions of this section are in addition to, and not in derogation of, such provisions of any other laws as sanction the prosecution of indictable offences.

 

 150. The Minister may make regulations for giving effect to the provisions of this Act and for amending the schedule including subject to the provisions of the Constitution and this Act regulations to make provisions for all matters, in respect of the conduct of an election, for which in his opinion it is necessary or expedient to make provision, and, without prejudice in the generality of the foregoing, any such regulation may prescribe the ours between which an act may be done on any day not later than which the act is required by virtue of this Act to be done before election day and the particulars to be included in a list prepared undcr section 65J(I),

 151.

1. For the purposes of any requirements under this Act that anything be done in a country other than Guyana not later than a specified number of days before election day, election day shall be deemed to be the like date in that country as is appointed in Guyana for the holding of the election.

 

2. Anything required by this Act to be posted by a non-resident within the meaning of Part VII to any officer shall nevertheless be deemed to have been duly transmitted if delivered at his office by the non-resident within the time allowed for its transmission to such officer in accordance with such requirement.

 

3. Any requirement of this Act that anything for the use of a non-resident be posted to his address by any officer shall nevertheless be deemed to have been duly complied with if the officer, acting within the time allowed for its posting under this Act, causes such thing to be delivered by hand to that address so that the non-resident may avail himself thereof in conformity with this Act.

 

1. Oath (a) by election officer.
2. List of candidates.
3. Statutory declaration of a candidate named in a candidates' list.
4. Certificate of Employment.
5. (Part A) Application for appointment of a proxy.

(Part B) Consent of person named in application for proxy paper.
6. Appointment as proxy.
7. List of proxies.
8. Cancellation of proxy.
9. Notice of poll.
10. Directions for voting.
11. Form of ballot paper.
12. Tendered ballot paper.
13. (Page 1) Poll book.
(Page 2) Blind or incapacitated electors.
(Page 3) Tendered ballots.
(Page 4) Ballot papers refused.
(Page 5) Certificates of employment (Section 69(4)) and entries directed by the Presiding Officer (Section 76(a)).
14. Declaration of identity.
15. Directions for balloting.
16. Receipt for ballot envelope sealed by non-resident elector and form of declaration of his identity.
17. Non-residents' ballot papers account.
18. Application by non-resident to vote in Guyana.
19. Oath (a) of identity.
20. Interpreter's oath (a).
21. Oath (a) of blind and incapacitated elector.
22. Oath of friend of incapacitated or blind elector.
23. Ballot paper account.
24. Election return.
25. Election return-votes of non-residents.
26. Election expenses return.
27. Declaration of election expenses-by election agent.
28. Declaration of election expenses-by candidate.

I..................(b).................having been appointed.(c)...................swear (d) that 1 will faithfully perform the duties of the said office according to law, without partiality, fear, favour or affection.

 So help me God (e)

 Sworn (g) before me at..........................this...................day of............................l9..........

 Notes:

1. In the case of an affirmation, substitute "Affirmation for "Oath".

 

2. Full names in BLOCK CAPITALS.

 

3. Title of appointment and (except for the Chief Election Officer) the name of the Polling District and/or Polling Division to which appointed.

 

4. In the case of an affirmation substitute "solemnly, sincerely and truly declare and affirm" for "swear".

 

5. Delete in the case of an affirmation.

 

6. Signature of election officer.

 

7. In the case of an affirmation substitute "affirmed" for'sworn".

 

8. Delete as necessary.

 

To the Chief Election Officer.

 We, whose signatures appear overleaf, do hereby submit this ourlist of..candidates numbered serially in and in the alphabetical order of their Surname, whos election to the National Assembly is sought. The title of our list is....................

 The candidate named....................and numbered..........................hereunder is here by designated as Presidential candidate in accordance with Article 177(1) of the Constitution.

We nominate Mr...of to be representative of the list and Mr......of to be deputy representative. We, the persons submitting the list shown on the face of this form are:

Received by me at.................. o'clock this day of l9.........

Note: this form completed in respect of each candidate named in a list of candidates is to accompany the list of candidates submitted to the Chief Election Officer.

I, (full name).........................................of(address)..................................having been nominated as a candidate in the list of candidates for the.......................party for election as Members of the National Assembly in the general election to be held on the..........................day of.........................19......

Do solemnly and sincerely declare

(1) that I consent to the inclusion of my name in the said list of candidates

 (2) that I am aware of the provisions of articles 53 and 155 of the constitution with respect to the qualifications and disqualifications for election as a Member of the national Assembly.

 (3) that I may, consistently with such provisions be elected as a Member of the National Assembly at the election for which I have been nominated as aforesaid.

 

Declared before me..............................at .....................this day of.............................19.......

 Date..............................

 ....................Polling District

 I (surname) ........................................................................................................................

 Of (address) ................................................................................

 and holder of identity paper No.................................................................................

 being registered in Polling Division No.................of the........................Polling District, hereby certify that I am entitled to vote by proxy by reason of.....Not having any person appointed as proxy to vote for me, I do hereby apply for the issue of a proxy paper appointing the following person as proxy to vote for me:-

Full names..............................................................................................................

 Occupation .........................................................................................................

 Address ...................................................................................................................

 Signature of applicant........................................... date......................

 

l. This application if approved entitles the proxy to vote for you and disentitles you from voting in person.

 2. You may cancel this application if you give notice on Form 8 to the Returning Officer so that he receives the form not later than the tenth day before election day.

 3. To be your proxy a person must be entitled to vote at the same polling place as you are and must not already have been appointed oroxy for more than one other elector.

 4. You are enititled to vote by proxy if you are-

 

1. unable, or likely to be unable, to go in person to the polling place for any of the following reasons,-

 

1. the particular circumstances of your employment on the election day either as a member of a disciplined force or as a rural constable, or for a purpose connected with the election, by the returning officer;

 

2. the fact that at the election, you are acting as a returning officer for a district other than the district in which your address as entered in the official list of electors is situate:

 

3. the particular circumstances of your employment on the election day by the returning officer for a district, other than the district in which your address as entered in the official list of electors is situate, for a purpose connected with the election in that district:
4. the fact that you are an employee of the Transport and Harbours Department engaged in running a vessel on the election day;

 

2. a candidate at the election and is unable or likely to be unable, to go in person to the polling place at which you are entitled to vote by reason of being engaged in any activity, connected with the election, in a district other than the district in which that polling place is situate;

 

3. unable, or likely to be unable, by reason either of blindness ot any other physical incapacity to fo in peron to the polling place, or if able to fo, to cote unaided.

 

I (full names)..............................................of (address)..........................................0ccupation......................... identity paper No.......................being registered in No..............................Polling Division of the.......Polling District hereby consent to act as proxy for the above named....................

 ...................................19.....

Polling District ...................................................................................................................

 Polling Division No..........................................................................................................

 Polling Place ........................................................................................................................

 Name of Proxy ...................................................................................................................

 No. of identity paper ....................................................................................................

 No. on official list..........................................is hereby appointed as proxy for

 Name of voter ..................................................................................................................

 No. on official list........................................to vote for him/her at the election to be held on the..............day of ......., 19.....

 Date........................................

To the Returning Officer

 .................... Polling District

 I (full names)..being registered in No.............Polling Division hereby cancel the appointment of (name of proxy)....................as proxy to vote for me at the election to be held on the day of.................... , 19......

 Date.....................................

. 

 TAKE NOTICE that

 a poll will be held on the..................day of, 19 , between the hours of........a.m. and ...........p.m. to elect fifty-three members of the National Assembly.

 Date....................................

1. You can vote for only one list of candidates at this election.

 

2. You should see that the ballot paper, before it is handed to you, has been stamped with the official mark.

 

3. You are to go into one of the compartments and there place a cross within the blank space opposite the name and symbol of the list of candidates for which you wish to vote. You are to make the cross like this - X

 

4. When you have marked your vote, fold your ballot paper so as to conceal your vote but so as to show the official mark appearing at the back. Then show that mark to the officer presiding and permit your finger to be immersed in electoral ink. After that put your ballot paper in the ballot box and leave the polling place.

 

5. If you accidentally spoil your ballot paper you may return it to the presiding officer who on being satisfied of the fact will give you another.

 

6. If you vote for more than one list of candidates or place any mark on the ballot paper by which you can afterwards be identified your vote will be void and will not be counted.

 

To the Chief Election Officer

 I (surname) ...................................................................

 (other names) ................................................................

 Of (address) ..............................................................

 and holder of identity paper No............................................

 being an elector whose name is included in the non-resident's roll in.....................................................

 (at serial No......................................................................................................................... *being employed by the Government Of Guyana .....................................................................................................

 .....................................................................................................................................

 (name of public corporation or corporate

 .....................................................................................................................................

 body in which the controlling interest

 .......................................................................................................................................

 vests in the State or any agency on behalf

 ........................................................................................................................................

 of the State)

 being a full-time student at .................................................................................................................................................

 2.I am submitting herewith a certificate* from my employer about my employment/the educational institution where I am sludying as to my being a full-time student in that institution.

 Date....................................................................

.

* Strike out the words that are not applicable."

(I) the name etc. of any blind or incapacitated elector whose ballot paper is marked by a friend or by the Presiding Officer.

 (2) the reason therefor (i.e. the nature of his incapacity).

 (3) the oath taken by such elector and his friend, and the friend's particulars.

Entries on this page only to be made to show the name etc. of any elector who is given a tendered ballot paper and the oath taken by such elector.

Entries on this page only to be made to show the name etc. of an elector to whom a ballot paper of any kind (ballot or tendered ballot) was refused by the Presiding Officer under section 71(1) or 72(5).

Entries on this page only to be made of persons submitting certificates of employment and entries, other than those covered by previous pages, directed by the Presiding Officer.

 Dated.................................................................................................................................

 * Delete the words in square brackets unless signing as a ballot attendant or returning officer.

1. Enclosed herewith for the exercise of your single vote are-

 

1. a ballot paper;

 

2. an envelope addressed "To the Chief Election Officer";

 

3. a larger envelope addressed to the officer who has issued the ballot paper to you; and

 

4. a form of Declaration of Identity.

 

2. You may vote in one of the following ways-

 

1. In the presence of a ballot attendant-not later than the.........day of............. , 19..........to whom you must-

 

1. produce proof of your identity, including any passport or other document;

 

2. exhibit all the abovementioned enclosures.

 

If you need assistance to vote on account of physical incapacity, get another non-resident elector to be present with you before the ballot attendant and to certify in his presence the rendering of such assistance.
OR
2. If no ballot attendant is available-

 

1. secretly mark the ballot paper, fold it so as to conceal your vote, enclose it in the envelope addressed "To the Chief Election Officer" and seal that envelope;

 

2. complete the form of Declaration of Identity and enclose it, together with the envelope you have sealed, in the larger envelope addressed to the officer who issued the ballot paper to you;

 

3. seal the last-mentioned envelope and post or deliver it to the office of that officer so that he receives it not later than the............................

 

BUT
3. If you belong to the particular class of non-resident electors that took special steps to obtain the ballot paper in order to ensure your being able to vote you may, in case of your having obtained the ballot paper at the office of a ballot officer, vote only as at A above in the presence of the ballot attendant at that office.

 

3. Whichever way you may vote, the Chief Election Officer or an overseas presiding officer deputed by him will be authorised on election day in Guyana to cast your vote from the larger addressed envelope. The officer to whom that envelope is addressed will be responsible for making it available, unopened, in Guyana where it will be opened when the casting of your vote is about to be effected by inserting the envelope addressed "To the Chief Election Officer" in a ballot box.

 

4. In order to ensure that your vote will be counted, you should comply strictly with paragraph 2 of these Directions. You should mark the ballot paper like this: "X" within the blank space opposite the name and symbol of the list of candidates for which you wish to vote. If you vote for more than one list of candidates or place any mark on the ballot paper by which you can be identified, your vote will not be counted.

 

 I ........................................................................................................................................of

 ...............................................................................................................................................

 Dated..................................................

1. Number of ballot papers furnished ............................................ Serial Numbers from .......................................to.............................

 

2. Number of ballot papers issued to non-residents in sealed envelopes...........................................

 

3. Number of ballot papers not issued to non-residents.....................

 

4. Number of addressed envelopes packaged in pursuance of section 57(1)(a)..............................

 

To the Chief Election Officer.

 I (surname) ...................................................................................................................

 Of (address outside Guyana) .....................................................................................

 being present in Guyana, apprehending my being unable to vote on account of my absence from the above mentioned address and whose registration card number is hereby apply for a ballot paper to vote at the election to be held on the...............................My address in Guyana is :.................situate in.....................polling district-No.........(State name and number of polling district.)

 Dated..................................................

1. In the case of an affirmation substitute "solemnly and sincerely declare" for "swear" and omit "SO HELP YOU GOD".

1. In the case of an affirmation substitute "solemnly and sincerely declare" for "swear" and omit "SO HELP YOU GOD".

 

Note:

1. In the case of an affirmation substitute "solemnly and sincerely declare" for "swear" and omit "SO HELP YOU GOD".

 

You swear

1. In the case of an affirmation substitute "solemnly and sincerely declare" for "swear" and omit "SO HELP YOU GOD".

General Election, 19.....

 

 Polling Place.............................................

for the Polling District of....................

 l. Number of valid votes cast for each list of candidates

List of.............................................total ............votes

 List of.............................................total ............votes

 List of.............................................total ............votes

 List of.............................................total ............votes

 List of.............................................total ............votes

 List of.............................................total ............votes

 

 3. ADD total number of rejected ballot papers (see statement below)

 4. Grand total number of persons who appear to have voted

 5. Total number of spoilt Ballot Papers............................................................

 6. Total number of Tendered Ballot Papers used........................................

 7. Statement of Rejected Ballot Papers in the Polling District...............

 Number of ballot papers rejected for-

1. want of official mark.....................................................................................

 

2. unmarked or void for uncertainty............................................................

 

3. marked for more than one candidates' list........................................

 

4. marked so that the elector can be identified........................................

 

 ............................................................

 Returning Officer

 Date............................................................

List of...total votes List of...total votes List of...total votes List of...total votes List of...total votes List of...total votes

 3. ADD total number of rejected ballot papers

 4. Grand total number of persons who appear to have voted in accordance with Part X of this Act

 5. Statement of rejected ballot papers.

1. want of official mark....................................................................

 

2. unmarked or void for uncertainty

 

3. marked for more than one candidates' list

 

4. marked so that the elector can be identified.

 

 Dated this..day of ......., 19.....

 Chief Election Officer

I, (name)..being election agent to the group of candidates entitled the......at the general election held on the........day of....., 19 , make the following return in respect of the election expenses of the said (title)group of candidates at the said election.

 (name)................$............

 (name)................$............

 (Here enter the name and description of every person-including every candidate-club, society or organisation from whom any money, securities or the equivalent of money was received towards defraying the expenses of the (title)group incurred on account of the above election, and the amount received from each).

 And I further solemnly and sincerely declare I have received from the said group of candidates dollars and no more (or nothing) for the purpose of the said election, and that, except as specified in the said return sent by me, no money, security or equivalent for money has been paid, advanced, given, or deposited by any one to me or in my hands, or, to the best of my knowledge and belief, to or in the hands of any other person for the purpose of defraying any expenses incurred on behalf of the said group of candidates on account of, or in respect of the conduct or management of the said election.

 Signature of declarant....................

 Signed and declared by the abovenamed declarant on the....................day of..at...............before me. (Signed)....................

 Justice of the Peace

 Signature of declarant....................

 Signed and declared by the abovenamed declarant on the.................... day of....at before me

 Signed....................

 Justice of the Peace