(i)who has a right hand upon which there are any digits that finger on the right hand which is nearest to the right thumb, or if the elector has no right thumb to the right thumb socket, or if the elector has a right thumb but has no fingers on his right hand, the right thumb;
(ii)who has no right hand or has a right hand but has no digits upon such hand, the finger on the left hand which is nearest to the left- thumb, or if the elector has no left thumb to the left thumb socket, or if he has a left thumb but no fingers upon his left hand the left thumb;

"candidate" or "candidate at an election" means any person who is nominated as a candidate for election to the House of Representatives;

"designated police officer", in relation to any constituency, means the officer of the Jamaica Constabulary Force designated by the Commissioner of Police for the purposes of this Act;

"digit" includes both fingers and thumb;

"during an election" or "at an election" or "throughout an election" includes the period after the issue it for an election, or after the dissolution of the House of Representatives or the occurrence of a vacancy in consequence of which a writ for an election is eventually issued, until the elected candidate is returned as elected;

"election" means an election of a member to serve in the House of Representatives of Jamaica;

"election day" means the day upon which the poll is taken at any election or, if no poll is required to be taken, nomination day;

"election documents" or "election papers" means the papers which the returning officer is required by subsection (1) of section 49 to transmit to the Chief Electoral Officer after an election;

"election officer" includes the Chief Electoral Officer, every returning officer, election clerk, presiding

"election petition" means a petition presented in accordance with the provisions of any Act for the time being in force in relation to election petitions;

"illegal payment" means any payment made in contravention of the provisions of this Act;

"member" means a member of the House of Representatives;

"nomination day" means the day appointed in accordance with the provisions of section 21 for the nomination of candidates;

"oath"includes affirmation and statutory declaration;

"official agent" means the agent appointed by a candidate and specially charged with the paying of all legal expenses on account of the management or conduct of the election, whose name and address have been declared in writing to the returning officer on or before nomination day of as by this Act required;

"personal expenses" as used herein with respect to the expenditure of any candidate in relation to the election at which he is a candidate, includes the reasonable travelling expenses of such candidate and the reasonable expenses of his living at hotels or elsewhere for the purposes of and in relation to such election, and all other expenses which, except as restrained by this Act, he may in person lawfully incur and pay;

"polling day" means the day fixed for holding the poll at an election;

"polling division" means any polling division constituted in accordance with the provisions of section 4,

"polling station" means any room secured by the returning officer for the taking of the vote of the electors on polling day and to which the whole or a portion of the official list of electors for a polling division is allotted;

"prospective candidate" means any person who within three months next before nomination day publicly announces or permits others publicly to announce his intention to stand as a candidate at the next ensuing election;

"recount" includes either or both-

(a) adding again the votes given for each candidate as recorded in the statements of the polls returned by the several presiding officers;
(b)examining and counting the used and counted, the unused, the rejected and the spoiled ballot papers in accordance with the provisions of section 48;

"spoiled ballot paper" means a ballot paper which, on polling day, has not been deposited in the ballot box but has been found by the presiding officer to be soiled or improperly printed, or which has been handed by the presiding officer to an elector to cast his vote, and

(a) has been spoiled in marking by the elector; and
(b) has been handed back to the presiding officer and exchanged for another;

"writ" means the writ for an election.

(2) Writs of election shall be dated and shall be directed to the persons appointed to be returning officers for the several constituencies and shall be forwarded to them by the Chief Electoral Officer forthwith after their issue.

(3) Every returning officer to whom a writ is directed shall forthwith upon its receipt, or upon notification by the Chief Electoral Officer of the issue thereof, whichever may be the sooner, cause to be promptly taken such of the proceedings directed by this Act as are necessary so that the election may be regularly held, and any returning officer who wilfully neglects so to do shall be liable on summary conviction before a Resident Magistrate to a fine of fifty dollars, or to imprisonment with hard labour for three months, or to both such fine and imprisonment.

(a) subsequent to his registration he ceases to be a Commonwealth citizen or to be ordinarily resident in Jamaica; or
(b) on election day he is an inmate of any mental hospital or undergoing any sentence of imprisonment.

(a) the Chief Electoral Officer;
(b) any person who is, under any enactment for the time being in force in Jamaica, certified to be insane or otherwise adjudged to be of unsound mind or- detained as a criminal lunatic;
(c) any person who is under sentence of death imposed on him by. a court in any part of the Commonwealth or is serving a sentence of imprisonment (by whatever name called) of or exceeding six months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court or is under such a sentence of imprisonment the execution of which is suspended;
(d) any person who is disqualified for registration by or under any enactment for the time being in force in Jamaica because he has been convicted of any offence connected with the election of members of the House of Representatives or of any local authority or body for local purposes; and
(e) any person who is disqualified from voting by reason of his employment for pay or reward in connection with the election in the constituency in which such person would otherwise be entitled to vote:

Provided that at an election the person who is performing the functions of a returning officer in a constituency shall, whether registered as an elector or not, vote only where there is in that constituency an equality of votes on the final count of votes or on a recount, as in this Act provided.

(4) Nothing in this Act shall be construed as making it obligatory for any person to be registered under this Act or as subjecting a person to a penalty for failing to furnish an election officer with information relative to the registration of any person who is not registered or has not sought registration under this Act.
(5) Notwithstanding anything to the contrary no person shall be entitled to be registered as an elector for more than one polling division.

(a) returning officers, election clerks, presiding officers, poll clerks, enumerators, scrutineers, messengers, constables and persons otherwise necessarily and properly employed by an election officer for the conduct of the election;
(b) official agents or sub-agents of candidates;
(c) persons engaged in printing election material on behalf of a candidate;
(d) persons employed, whether casually or for the period of the election or part thereof, in advertising of any kind or as clerks or stenographers or as messengers on behalf of a candidate or prospective candidate, so, however, that the total number of persons so employed does not exceed one for each three hundred electors in the constituency, and that the name, address and occupation of every person so employed is communicated, in writing, to the returning officer.

(a) notify the scrutineers in the prescribed manner whenever he proposes to conduct a house-to-house enquiry; and
(b) keep the scrutineers informed of the notices issued by him during the course of any such enquiry.

(a) except between the hours of 5 a.m. and 9 p.m., unless the occupier of such premises consents to his entering thereon otherwise than during such hours; and
(b) at any time when he is not wearing an enumerator's badge supplied to him by the Chief Electoral Officer.

(a) obstructs any enumerator or any scrutineer in the lawful exercise of his duties; or
(b) refuses to permit any enumerator or any scrutineer to enter upon any premises under section 15; or
(c) refuses to answer any question lawfully put to him by any enumerator,

(a) Her Majesty's Government having become engaged or being likely to become engaged in any war, or
(b) the proclamation of any state of emergency under the Emergency Powers Act; or
(c) the occurrence of any earthquake, hurricane,flood; fire, outbreak of pestilence or outbreak of infectious disease or other calamity whether similar to the foregoing or not; or

(d) the likelihood that the official lists for all constituencies or for any particular constituency will not be printed the day appointed under section 19 for the holding of poll or that any essential electoral supplies or materials will not be available in adequate quantities upon such day; or

(e) riot, open violence or other civil disturbance resulting in such interruption, obstruction or abandonment of the electoral process as to prejudice the holding of a fair election,

Provided that if such twenty-third day is a Sunday or a public holiday nomination day shall be deemed to be adjourned to the~first day not being a Sunday or a public holiday after such twenty-third day. (5) Where any proclamation is made under this section after nomination day the adjournment by such proclamation of the day upon which the poll is taken shall in no way affect the validity of any nomination validly made upon nomination day and no other nomination shall be made.

(a) to the time fixed for nomination, shall include any time allowed for' nomination pursuant to such adjournment; and
(b) to the period after nomination day, shall, except in section 20 (5), be construed as a period commencing after the day of adjournment pursuant to this subsection.

(4) Where, consequent on the interruption or obstruction referred to in subsection (3), the Governor-General in Council by proclamation adjourns the holding of a poll in any constituency pursuant to section 20, the proclamation, in relation to that poll, shall for the purposes of section 20 (4) be deemed to have been made before nomination day and accordingly-

(a) notwithstanding the completion of any nomination proceedings in that constituency prior to the proclamation aforesaid, those proceedings shall be null and void; and
(b) a new nomination day shall be deemed to have been appointed being the twenty-third day next before the day to which the holding of the poll in that constituency is adjourned by such proclamation:

Provided that, if such twenty-third day is a Sunday or a public holiday, nomination day shall be deemed to be adjourned to the first day not being a Sunday or a public holiday after such twenty-third day.
(5) Where the returning officer causes the nomination proceedings to be adjourned pursuant to subsection

(a) he shall take all appropriate steps to bring to the attention of the public the fact of such adjournment and the day and place at which the nomination proceedings will continue; and
(b) if there is any such further riot, open violence or civil disturbance as aforesaid at the Subsequent nomination proceedings he shall cause the subsequent nomination proceedings to be abandoned and report the matter to the Chief Electoral Officer for reference to the Governor-General in Council.

(2) Every election notice shall specify-

(a) the day and place fixed for the nomination of candidates;
(b) the day on which the poll for taking the votes of the electors is to be held, in case a poll is necessary;
(c) the place where and day and time when the number of votes given to the several candidates will be finally counted;
(d) an exact description of the place in the constituency where the returning officer has established his office.

The returning officer shall at the same time notify in writing each postmaster within his constituency of the provisions of subsection (3).

(3) Every postmaster shall, forthwith after receipt of the notice referred to in subsection (1), post it up in some conspicuous place within his office to which the public has access and maintain it posted there until the time fixed for the nomination of candidates has passed, and for the purposes of this provision such postmaster shall be deemed an election officer and liable as much.
(4) Every election notice shall be published in at least one issue of a daily newspaper and in at least one issue of the Gazette.

(3) Every nomination paper shall specify-

(a) such particulars of the name, address and occupation of the candidate as are sufficient to identify him; and
(b) his address for service of process and papers under this Act; and
(c) the name, address and occupation of his official agent (if any).

(4) Each candidate shall be nominated by a separate nomination paper.
(5) No nomination paper shall be valid or acted upon by the returning officer unless it is accompanied by-

(a) the. consent in writing of the person therein nominated, except where such person is absent from the constituency in which the election is to be held, when such absence shall be stated in the nomination paper, and
(b) a deposit of one hundred dollars in legal tender.

(6) The returning officer shall not accept any deposit until after all the other steps necessary to complete the nomination of the candidate have been taken, and upon his accepting any deposit he shall give to the person by whom it is paid to him a receipt therefor which shall be conclusive evidence that the candidate has been duly and regularly nominated.
(7) At the close of the time for nominating the candidates the returning officer shall deliver to every candidate or the agent of a candidate applying therefor a duly certified list of the names of the several candidates who have been nominated.

(2) The returning officer shall include in his return to the Chief Electoral Officer a report of his proceedings and of any nomination proposed and rejected for non compliance with the requirements of this Act.
(3) Nothing in this Act shall be construed to impose any liability upon any person nominated as a candidate by others without his consent, unless he has afterwards given his assent to such nomination or has been elected.

(a) the names, addresses and occupations of the candidates officially nominated, in the order in which they are to be printed on the ballot papers; and
(b) the names, addresses, and occupations of the official agents of such candidates, if any, as stated in the applicable nomination papers; and
(c) the several polling stations fixed by him for the various polling divisions and the number of such polling divisions.

(a) a list of the presiding officers and poll clerks who will officiate at each polling station; and
(b) a copy of each separate of electors, relating to each polling station having regard to any division of the official list pursuant to section '20; and
(c) a list of the persons assigned to transport ballot boxes from polling stations:

(4) Forthwith upon receipt of the notice referred to in subsection (2), every postmaster shall display it in some conspicuous place to which the public has access in the post office of which he is postmaster and maintain it there displayed until the hour fixed for the closing of the poll.

(5) For the purposes of this section every postmaster who receives the notice referred to in subsection (2) shall be deemed to be an election officer.

(2) Each polling station shall be established in premises of convenient access, with an outside door for the admission of electors, and where possible with another door through which electors may leave after they have voted.

(a)in any case in which the area comprised in a polling division is not divided geographically and the official list is arranged in the alphabetical order of the names of electors, such official list shall be divided alphabetically by being cut through between the last name thereon commencing with one letter of the alphabet and the first name thereon commencing with the next succeeding letter of the alphabet;

(b)in any other case, it shall be divided numerically by being cut through between the name of the elector whose number is last in numerical order of the electors allotted to one polling station and the name of the elector whose number is first in numerical order of the electors allotted to another polling station.

(a) a sufficient number of ballot papers for at least the number of electors on the official list of electors of such presiding officer's polling station;
(b) a statement showing the number of ballot papers so supplied, with their serial numbers;
(c) the necessary materials for electors to mark their ballots;

(d) at least three copies of printed directions in the form set out in the Second Schedule for the guidance of electors in voting;
(e) a copy of or excerpts from this Act;

(f) the official list of electors for use at his polling station;
(g) a ballot box;
(h) a blank poll book;
(i) the several forms of oaths to be administered to electors;
(j) the necessary envelopes and such other forms and supplies as may be authorized or furnished by the Chief Electoral Officer;

(k) a record (by way of computer printout or otherwise) of the information contained in the particulars on the registration record card concerning every elector whose name appears on the official list for use at that polling station; and
(1) the equipment referred to in section 37 (2).

(a) the blank poll book, official list of electors, forms of oaths, envelopes, ballot papers and other election supplies carefully locked up in the ballot box;
(b) any equipment referred to in section 37 (2) in a safe place,

(3) Before the hour fixed for the opening of the poll each presiding officer shall post up in each compartment of the polling station and in a conspicuous place outside the polling station one copy of the directions referred to in paragraph (d) of subsection (1).

(3) The ballot papers shall be numbered on the top of the stub and the counterfoil, the same number being printed or written on the stub as on the counterfoil. The ballot papers shall be bound or stitched in books containing ten, twenty-five, fifty or one hundred ballots.

22/1957
S. 4(b).

Second Schedule Form 8.

(4) No elector shall vote more than once in the same constituency at the same election nor in more than one constituency on the same day.

(a) he produces to the presiding officer his identification. card or other prescribed document establishing identity:
Provided that where a prescribed document establishing identity has been issued in substitution for an identification card only that document shall be produced to and accepted by the presiding officer, or
(b) in respect of that elector all the conditions specified by subsection (7) are satisfied.

(a) that the elector is unable to produce his identification card or other prescribed document establishing his identity or use it for the purposes of establishing his identity by reason of the fact that the Chief Electoral Officer has not yet pursuant to section 9 caused it to be delivered to him or destroyed, mutilated that it has been lost, stolen, or defaced;

(b) that the elector shall take the oath of identity: in the form set out in the Second Schedule and otherwise establish his identity to the satisfaction of the presiding officer.

(a) his date of birth;
(b) his place of birth;
(c) the maiden name of his mother;

(d) the place of birth of his mother, and the presiding officer shall compare the answers given by such person with the information appearing on the record referred to in section 32 (1) (k) pertaining to the elector in whose name the ballot is demanded.

Second Schedule Form 8.

(2) The presiding officer shall instruct the elector how and where to affix his mark, and shall properly fold the elector's ballot paper, directing him to return it, when marked, folded as shown, but without inquiring or seeing for whom the elector intends to vote, except when the elector is unable to vote in the manner prescribed by this Act on account of blindness or other physical incapacity.

(3) The elector on receiving the ballot paper shall forthwith enter one of the polling compartments and there mark his ballot paper by making, a cross with a black lead pencil within the space containing the name of the candidate for whom he intends to vote, and he shall then fold the ballot paper as directed so that the initials and the numbers on the counterfoil can be seen without opening it, and hand the paper to the presiding officer, who shall, without unfolding it, ascertain by examination of the initials and numbers appearing thereon that it is the same paper as that delivered to the elector and if the same he shall subject to the provisions of section 38 forthwith in full view of the voter and all others present remove and destroy the counterfoil and deposit the ballot in the ballot box.

(4) An elector who has inadvertently so dealt with the ballot paper delivered to him that it cannot conveniently be used shall restore it to the presiding officer who shall so deface it as to render it a spoiled ballot. The presiding officer shall then deliver another ballot paper to the elector.

(5) Every elector shall vote without undue delay and shall leave the polling station as soon as his ballot paper has been put into the ballot box.

Second Schedule Form 11.

(2) In such case, the presiding officer shall put on the ballot paper his initials, together with a number corresponding to the consecutive number given to the voter and entered in the poll book opposite the name of such voter, and the poll clerk shall enter in the poll book

(a) the name of such voter,
(b)a note of his having voted on a second ballot paper issued under the same name.
(c) the fact of the oath of identity having been required and taken, and the fact of any other oaths being so required or taken; and
(d) any objections made on behalf of any and of which of the candidates.

(6) Whenever. any elector has had his ballot paper marked as provided in subsection (3), (4) or (5), the presiding officer shall enter in the poll book opposite the elector's name, in addition to any other requisite entry, the reason why such ballot paper was so marked.

(a) upon the appropriate digit of such elector; or
(b) in the case of an elector who the presiding officer is satisfied is suffering from an injury to the appropriate digit, upon any of the digits of such elector,

Provided that if the prescribed equipment fails to function or is illegally removed from, or is for any reason not avail able for use at, any polling station, the presiding officer, in lieu of using that equipment, shall require the elector-

(i) to take an oath in the prescribed form to the effect that he has not previously voted in that election;
(ii) to make one or more impressions ink on the form of the oath as follows:
(aa) with his right thumb;
(bb) with his left thumb, should he not have a right thumb; or
(cc) with any other finger should he not have any thumb.

(a) removes such bandage or other material and wholly uncovers the appropriate or other digit aforesaid; or
(b) satisfies the presiding officer that he is suffering from injury to such appropriate or other digit, takes an oath to that effect in the prescribed form and makes one or more impressions in ink on that form, as follows-

(i) with his right thumb;
(ii) with his left thumb, should he not have a right thumb; or
(iii) with any other finger, should he not have any thumb.

(2B) Where the presiding officer issues a ballot paper to an elector pursuant to subsection (2A) he shall make an entry in the poll book setting out the facts in relation to such an issue.

(3) Every presiding officer who refuses to deliver any ballot paper to any elector under the provisions of this section shall make an entry in the poll book setting. out the facts in relation to such refusal.

(4) Every person who applies for any ballot paper at a time when there is upon any of his digits any mark of electoral ink shall be guilty of personation within the meaning of this Act.

Provided that where the presiding officer is satisfied that the elector is suffering from some injury to his appropriate digit which is of such nature as to render It undesirable for him to immerse such digit in the electoral ink the presiding officer may require him to immerse in such ink any other digit upon which the presiding officer is satisfied that there is no substance which is likely to prevent the adhesion of electoral ink.

(2) If any elector on being required so to do fails or refuses to immerse his appropriate digit or any other digit in electoral ink the presiding officer shall destroy the ballot paper handed to him by such elector and make an entry in the poll book setting out the particulars in relation to the destruction of such ballot paper.

Provided that no candidate and his agent shall be in the same polling station at the same time for more than five consecutive minutes.

(3) Agents of candidates or electors representing candidates may, with the permission of the presiding officer, absent themselves from and return to the polling station at any time before one hour previous to the close of the poll.

(2) A candidate may himself undertake the duties which any agent of his, if appointed, might have undertaken, or may assist his agent in the performance of such duties, and subject to the provisions of subsection (2) of section 41, may be present at any place at which his agent may in pursuance of this Act, be authorized to attend.

(3) The non-attendance of any agent or agents of candidates at any time or place required by this Act shall not in any wise invalidate any act or thing done during the absence of such act or agents if such act or thing is otherwise duty done, and wherever in this Act any expressions are used requiring or authorizing any act to be done at the polls or otherwise, in the presence of agents of the candidates, such expressions shall be deemed to refer to the presence of such agents of the candidates as are authorized to attend, and as have, in fact, attended at the time and place where such act or thing is being done.

(a) cause such printed directions to electors as have been supplied to him in the form set out in the Second Schedule to be posted up in conspicuous places outside of and near to the polling station and also in each compartment of the polling station; and
(b) deliver to the aforesaid agents or electors, as the case may be, who are in attendance, copies of a certificate signed by the returning officer. setting out the serial number sequence of the total number of ballot papers issued for use at that polling station, so, however, that nothing in this paragraph shall prevent a presiding officer from delivering such copies as aforesaid to an agent or an elector as aforesaid who arrives at the polling station after the opening of the poll.

(2) Immediately after the ballot box is so locked, the presiding. officer shall call upon the electors to vote.

(3) The presiding officer shall secure the admittance of every elector into the polling station, and shall see that they are not impeded or molested at or about the polling station.

Second Schedule Form 16.

(5) The poll clerk shall-

(a) make such entries in the poll book as the presiding officer pursuant to any provision of this Act directs; and
(b) enter in the poll book opposite the name of each voter, as soon as the voter's ballot paper has been deposited in the ballot box, the word "Voted"; and
(c) enter in the poll book the word "Sworn" or "Affirmed" opposite the name of each elector, to whom any oath or affirmation has been administered, indicating the nature of the oath or affirmation; and

(d) enter in the poll book the words "Refused to be sworn" or "Refused to affirm" or "Refused to answer, opposite the name of each elector who has refused to take an oath or to affirm, when he has been legally required so to do, or has refused to answer questions which he has been legally required to answer; and

(e)record in the poll book such objections as may be made by the agent of any candidate in relation to the taking of the poll.

(a) count the number of voters whose names appear in the Poll book as having voted and make an entry thereof on the line immediately below the name of the voter who voted last, thus: "The number of voters who voted at this election in this polling station is" (stating the number), and sign his name thereto;
(b) count the spoiled ballot papers, if any, place them in the special envelope supplied for that purpose and indicate thereon the number of such spoiled ballot papers and seal it up;
(c) count 'the unused ballot papers undetached from the books of ballot papers, place them with all the stubs of all used ballots in the special envelope supplied for that purpose and indicate thereon the number of such unused ballot papers;
(d) check the number of ballot papers supplied by the returning officer against the number of spoiled ballot papers, if any, the number of unused ballot papers and the number of voters whose names appear in the poll book as having voted, in order to ascertain that all ballot papers are accounted for;
(e) open the ballot box and empty its contents upon a table;
(f) count the number of votes given to each candidate on one of the tally sheets supplied, giving full opportunity to those present to examine each ballot paper. The poll clerk and not less than two witnesses shall be supplied with a tally sheet upon which they may keep their own score, as each vote is called out by the presiding officer.

(2) In counting the votes the presiding officer shall reject all ballot papers-

(a) which have not been supplied by him; or
(b) which have not been marked for any candidate; or
(c) on which votes have been given for more than one candidate; or (d) upon which there is any writing or mark by which the voter could be identified, other than the numbering by the presiding officer in the cases hereinbefore referred to, but no ballot paper shall be rejected on account of any writing, number or mark placed. thereon by any presiding officer.

(3) If, in the course of counting the votes any ballot paper is found with the counterfoil still attached thereto, the presiding officer shall (carefully concealing the numbers; thereon from all persons present and without examining them himself) remove and destroy such counterfoil. He shall not reject the ballot merely by reason of his former failure to remove the counterfoil.

(5) Nothing in subsection (3) or subsection (4) shall relieve the presiding officer. from any, penalty to which he may have become liable by reason of his failure to remove or destroy the counterfoil at the time of the casting of the vote to which it relates or to affix his initials to any ballot paper before handing it to any elector.

(6) The presiding officer shall keep a record on the special form printed in the poll book of every objection made by any candidate, or his agent or any elector present, to any ballot paper found in the ballot box, and shall decide every question arising out of the objection. The decision of the presiding officer shall be final, subject to reversal on the final count by the returning officer or on a recount under section 47 or on petition questioning the election or return; and every such objection shall be numbered, and a corresponding number placed on the back of the ballot paper and initialled by the presiding officer.

(a) one copy of such form shall be initialled by the presiding officer and pasted in the poll book and shall form part of the official records of the polling station; and
(b) another copy of such form shall be initialled by the presiding officer and returned to the candidate, agent or elector making such objection.

(7) All the ballot papers not rejected by the presiding officer shall be counted and a list kept of the number of votes given to each candidate and of the number of rejected ballot papers. The ballot papers which respectively indicate the votes given for each candidate shall be put into separate envelopes; all rejected ballot papers shall be put into a special envelope and all such envelopes shall be endorsed so as to indicate their contents and shall be sealed by the presiding officer, and by such agents or witnesses present as may desire to seal them or to sign their names thereon in addition or instead.

Second Schedule Form 19.

21/1979
S. 12(b)

21/1979
S. 12(c)

Second Schedule Form 20.

(11) The presiding officer shall, with the ballot box, transmit or deliver to the returning officer, in the envelope provided for that purpose, the key of such ballot box, the preliminary statement of the poll in the form prescribed by the Chief Electoral Officer and the polling station account furnished him in blank by the returning officer, having first caused it to be Filled in and signed by the officials of his polling station entitled to fees, and by the landlord thereof, if any.

(12) The presiding officer shall transmit to the returning officer-

(a) the ballot box;
(b) the envelope containing the key thereof;
(c) the -preliminary statement of the poll;
(d) the polling station account;

(e)the record of information referred to in section 32 (1) (k); and
(f) the equipment referred to in section 37 (2).

(13) If any presiding officer shall omit to enclose within the ballot box, and in the proper envelopes provided for that purpose, any of the documents mentioned in this section, he shall, in addition to any other punishment to which he may be liable, forfeit all right to payment for his services as such officer.

(2) After all the ballot boxes have been received, the returning officer, at the place, date and time specified in the election notice referred to in section 22 for the final Count of the votes, and in the presence of the election clerk and of such of the candidates or their representatives as are present, shall open such ballot boxes, and-

(a) count the votes contained therein cast for each candidate (allowing, the candidates and their representatives to see such votes) and determine whether any of the votes so cast should be rejected;
(b) count the votes rejected by the presiding officer (allowing the candidates and their representatives to see such votes) and determine whether any of such votes should be regarded as having been validly cast for any, and if so for which candidate;
(c) add up the total number of votes (including any votes rejected by the presiding officer but which he thinks should not have been so rejected) cast for each candidate;
(d)make and sign any necessary amendments to the statement of the poll.

(4) The provisions of subsection (6) of section 44 shall apply to the returning officer as they apply to the presiding officer except that for references in the subsection to the presiding officer there shall be substituted references to the returning officer and that the words "on the final count by the returning officer or" shall be- deemed to be omitted from the section.

(5) The provisions of subsection (7) of section 44 shall apply to the returning officer as they apply to the presiding officer except-

(a) that the words "returning officer" shall be deemed to be substituted for the words "presiding officer"; and
(b) that the documents referred to in that subsection shall be replaced in the envelopes from which they were removed by the returning officer and such envelopes shall be fastened by a sheet of paper being pasted over the opening thereof.

(6) If at the final count of the votes none of the candidates or their representatives is present, it shall be the duty of the returning officer to secure the presence of at least two electors who shall remain in attendance until such final count of the votes has been completed.

(7) The candidate who, on such final count of the votes, is found to have the largest number of votes, shall then be declared elected in writing and a copy of such declaration shall be forthwith delivered to each candidate or his agent, if present at the final count of the votes, or, if any candidate is neither present nor represented thereat, shall be forthwith transmitted to such candidate by registered post.

(8) Whenever on such final count of votes, an equality of votes is found to exist between any two or more candidates and an additional vote would entitle one of such candidates to be declared elected, the returning officer shall give such additional vote.

(2) In case the statement of the poll cannot be found and the number of votes polled for the several candidates cannot be ascertained, or if, for any other cause, the returning officer cannot, at the day and hour appointed by him for that purpose, ascertain the exact number of votes given for each candidate, he may thereupon adjourn to a future day and hour the final count of the votes given for each candidate, not being more than seventy-two hours after the time specified in the election notice under section 22.

(3) At the time to which the proceedings are adjourned in accordance with the provisions of subsection (2), the returning officer shall ascertain by such evidence as he is able to obtain the total number of votes cast for each candidate and shall declare elected the candidate appearing to him to have the largest number of votes.

(4) For the purposes of this section the returning officer shall have all the powers of and be deemed to be a commissioner appointed under the Commissions of Enquiry Act and the provisions of section 11 of the Commissions of Enquiry Act shall apply to all persons required by the returning officer to give evidence or to produce any documents before him as they apply to persons summoned to attend and give evidence or to produce documents before a commission of enquiry under the Commissions of Enquiry Act.

(2) The Resident Magistrate to whom applications under this section may be made shall be the Resident Magistrate for the parish in which is situated the place whereat the declaration of the election was made.

(3) If applications for a recount of the-votes in two or more constituencies are made under this section to the same Resident Magistrate, such Resident Magistrate shall first proceed with the recount in the constituency in respect of which the first application is made to him, and successively with the recounts in the constituency or constituencies in respect of which applications were later made, and all such recounts shall proceed continuously from day to day until the last of them has been completed.

(4) The Resident Magistrate shall appoint and give written notice to the candidates or their agents of a time and place at which he will proceed to recount the votes.

(5) The Resident Magistrate shall also summon the returning officer and his election clerk to attend at the time and place so appointed with the parcels containing the used and counted, the unused, the rejected, and the spoiled ballot papers, or the original statements of the poll signed by the presiding officers, as the case may be, with respect to or in consequence of which such recount is to take place.

(6) Every candidate shall be entitled to be present and to be represented by an agent at any proceedings under this section.

(2) At every recount the Resident Magistrate shall recount the votes according to the directions in this Act set forth for presiding officers at the close of the poll, and shaft verify or correct the statement of the poll giving the ballot paper account and the number of votes given for each- candidate; and he shall also, if necessary or required, review the decision of the returning officer with respect to the rejection of any ballot papers or to the number of votes given for a candidate at any polling place where the ballot box used was not forthcoming when the returning officer made his decision, or when the proper statements of the poll were not found therein, and for the purpose of arriving at the facts as to such missing box and the statements of the poll the Resident Magistrate shall have all the powers of a returning officer with regard to the attendance and examination of witnesses, who in case of non-attendance shall be subject to the same consequences as in case of refusal or neglect to attend on the summons of a returning officer.

(3) If in the course of the recount any ballot paper is found with the counterfoil still attached thereto, the Resident Magistrate shall remove and destroy such counterfoil He shall not reject the ballot by reason merely of the presiding officer's failure to remove the counterfoil, nor shall he reject any ballot paper by reason merely of the presiding officer's failure to affix his initials to such ballot paper

(4) The Resident Magistrate shall, as far as practicable, proceed continuously, except on Sunday with the recount, allowing only necessary adjournments for rest and refreshment, and excluding the hours between six o'clock in the afternoon and nine in the succeeding forenoon.

(5) During such adjournments the ballot papers and other documents shall be kept enclosed in parcels under the seals of the Resident Magistrate.

(6) The Resident Magistrate shall personally supervise such parcelling and sealing and take all necessary precautions for the security of such papers and documents.

(7) The Resident Magistrate shall thereupon declare the recount at an end, seal up all the ballot papers in separate packages, and forthwith certify the result of the recount to the returning officer, who shall. forthwith in writing declare to be elected the candidate so certified as having the highest number of votes. Such declaration shall be communicated to candidates, in the same way as the prior declaration made under subsection (7) of section 45 and shall be deemed for all purposes to have been substituted therefor, whether it is the same as such prior declaration or different therefrom.

(8) In case of an equality of votes the returning officer, notwithstanding that he may have already voted pursuant to subsection (8) of section 45, shall have and cast another or deciding vote.

(9) If the recount does not so alter the result of the poll as to affect the return, the Resident Magistrate shall-

(a) order the costs of the candidate appearing to be elected to be paid by the applicant;
(b) tax such costs, following as closely as possible the tariff of costs allowed with respect to proceedings in the Resident Magistrate's Court.

(10) The moneys deposited as security for costs shall, so far as necessary, be paid out to the candidate in whose favour costs are awarded and if the said deposit is insufficient the party in whose favour the costs are awarded shall have his action for the balance.

(a) the election writ with his return in the form set out in the Second Schedule endorsed thereon that the candidate having the majority of votes has been duly elected;
(b) a report of his proceedings in the form prescribed by the Chief Electoral Officer;
(c) the recapitulation sheets, in the form prescribed by the Chief Electoral Officer, showing the number of votes cast for each candidate at each polling station, and making such observations as the returning officer may think proper as to the state of the election papers as received from his presiding officers;
(d) the statements of the polls;
(e) the reserve supply of undistributed blank ballot papers;
(f) the returns from the various polling stations enclosed in sealed envelopes, as prescribed. by this Act, and containing the poll book used at the poll, a packet of stubs and of unused ballot papers, packets of ballot papers cast for the several candidates, a packet of spoiled ballot papers, a packet of rejected ballot papers and a packet containing- the official list of electors used at the poll, and the written appointments of candidates' agents; and
(g) all other documents used for the 'election.

(2) In case of such receipt of notice of recount the returning officer shall delay transmission of such return and report until he shall have received from the Resident Magistrate a certificate of the result of such recount, whereupon he shall transmit the same in manner hereinbefore directed.

(3) The returning officer shall forward to each of the candidates a duplicate or copy of the return to the writ made by him.

(4) A premature return shall be deemed not to have reached the Chief Electoral Officer until die same should have reached him in due course, and he shall, if circumstances so require, send back such return and any or all election documents connected therewith to the returning officer for completion or correction.

(5) The Chief Electoral Officer shall, on receiving the return of any member elected to serve in the House of Representatives, enter it, in the order in which such return is received by him, in a book to be kept by him for such purpose and thereupon immediately give notice in the Gazette of the name of the candidate so elected and in the order in which it was received.

(2) Upon delivery to him of such ballot boxes, locks and keys the custodian shall issue his receipt and shall at the next ensuing election, upon request, deliver the said ballot boxes, locks and keys to the returning, officer to whom the writ is directed, taking such returning officer's receipt.

(3) An order under subsection (2) may be made by the judge on being satisfied by evidence on oath that the inspection or production of such election documents or election papers is required for the purpose of instituting or maintaining a prosecution for an offence in relation to an election, or for the purpose of a petition which has been filed questioning an election or return.

(4) Any such order for the inspection or production of election documents or election papers may be made subject to such conditions as to persons, time, place and mode of inspection or production as the judge deems expedient.

(5) All other reports or statements received from election officers, all instructions issued by the Chief Electoral Officer pursuant to the provisions of this Act, all decisions or rulings by him upon points arising thereunder, and all correspondence with election officers or others in relation to any election shall be public records, and may be inspected by any person upon request during business hours.

(6) Any person may take extracts therefrom and shall be entitled to certified copies of the papers relating to any subject upon payment for the preparation of such certified copies at the prescribed rate.

(7) Any such copies purporting to be certified by the Chief Electoral Officer under his hand shall be receivable in evidence without further proof thereof.

(2) Every candidate may at any time give notice in writing to the returning officer revoking the appointment of his agent and in the event of such revocation, or of the death of the agent, whether such event is before, during or after the election, then forthwith another election agent shall be appointed and his name and address declared in writing, to the returning officer.

(3) Every election agent appointed under sub-section (1) may act in relation to any matter required to be done in any polling division by a sub-agent, and anything done for the purposes of this Act by or to a sub-agent in his polling division shall be deemed to be done by or to the election agent and any act or default of a sub-agent, which, if he were the election agent,.would be an illegal practice or other offence against this Act, shall be an illegal practice and offence against this Act committed by the sub-agent, and the sub-agent shall be liable to punishment accordingly-, and the candidate shall suffer the like incapacity as if the said act or default had been the act or default of the election agent.

(4) Not later than one clear day before the poll the election agent shall declare in writing the name and address of every sub-agent to the returning officer.

(5) The appointment of a sub-agent shall not be vacated by the election agent who appointed him ceasing to be election agent, but may be revoked by the election agent for the time being of the candidate, and in the event of such revocation or of the death of a sub-agent another sub-agent may be appointed, and his name and address shall be forthwith declared in writing to the returning officer, who shall forthwith give public notice of the same.

(6) Every document delivered to the address referred to in the notice under subsection (1) shall be deemed to have been duty served upon the election agent and every election agent may, in respect of any matter connected with the election for which he Is acting, be sued in any court having jurisdiction over the place where such address is situated.

(2) A contract whereby any expenses are incurred on account of or in respect of the conduct or management of an election shall not be enforceable against a candidate at such election unless made by the candidate himself or by his election agent, either by himself or by his sub-agent:

Provided that the inability under this section to enforce such contract against the candidate shall not relieve the candidate from the consequences of any illegal practice having been committed by his agent.

(3) Except as permitted by or in pursuance of this Act, no payment and no advance or deposit shall be made by a candidate at an election or by any agent on behalf of the candidate or by any other person at any time, whether before, during, or after such election, in respect of any expenses incurred on account of or in respect of the conduct or management of such election, otherwise than by or through the election agent of the candidate, whether. acting in person or by a sub-agent; and all money provided by any person other, than the candidate for any expenses incurred on account of or in respect of the conduct or management of the election, whether as gift, loan, advance, or deposit, shall be paid to the candidate or his election agent and not otherwise:

Provided that this section shall not be deemed to apply to a tender of security to or any payment by the returning officer or to any sum disbursed by any person out of his own money for any small expense legally incurred by him self, if such sum is not repaid to him.

(2) In determining the total expenditure incurred in relation to the candidature of any person at any election regard shall not be had-

(a) to the deposit required to be made by the candidate under paragraph (b) of subsection (5) of section 23; or
(b) to any expenditure incurred before the issue of the writ for the election in respect of services rendered or materials supplied before the issue of such writ.

(2) Every person who contravenes subsection (1) shall be guilty of an offence and, upon summary conviction thereof before a Resident Magistrate, shall be liable to a fine not exceeding. one hundred dollars or to be imprisoned for any term not exceeding six months.

(a) expenditure for his personal living expenses during the period of the election to an amount not exceeding one hundred dollars; and
(b) petty expenditure to an amount not exceeding twenty dollars:

Provided that this section shall not apply to any candidate who is his own official agent.

(2) Every person who contravenes subsection (1) shall be guilty of an offence and, upon summary conviction thereof before a Resident Magistrate, shall be liable to a fine not exceeding one hundred dollars or to be imprisoned for any term not exceeding six months.

(2) No candidate shall be deemed to be guilty of an illegal practice by reason of any other person having incurred any expenditure in connection with the candidature of the candidate in contravention of any of the provisions of section 55, 56 or 58 if the candidate proves affirmatively that such expenditure was incurred without his knowledge or consent and that he took all reasonable steps to prevent the incurrence of such expenditure.

(2) Every return made under this section- shall contain in the return of all expenditure incurred in connection with the election by or on behalf of the candidate by whose election agent the return is made and shall be supported by vouchers for all payments in excess of four dollars.

(3) Every return made under this section shall contain a full statement of all moneys, securities, or the equivalent of money, received by the election agent from the candidate or from any other source in connection with the election.

(5) Every return under this section shall be supported by a declaration sworn to before a Justice by the candidate stating-

(a) that the return fully and accurately sets out all payments made by the candidate himself; and
(b) that to the best of his knowledge information and belief the return is a full and accurate return of all expenditure incurred by any person and of all moneys, securities or the equivalent of money received by the election agent from any source in connection with the election:

(a) by the deletion of the heading "Payments made by candidate to persons other than his agent" and the substitution of the heading "Payments made by candidate acting as his own agent";
(b) by the deletion from item (1) of the return of the words "not to exceed $100";
(c) by the deletion from item (2) of the words "not to exceed 320";
(d) by the deletion of the heading "Expenditure incurred by agent";
(e) by the deletion from the form of the declaration headed "Declaration of Candidate."

(7) The returning officer, within ten days after he receives any return under this section, shall publish a summary thereof in a daily newspaper accompanied by a notice of the time and place at which the return and. the documents in support thereof can be inspected.

(2) All expenses incurred by or on behalf of a candidate at an election, which are incurred on. account of or in- respect of the conduct or management of such election, shall be paid within six weeks next after election day and not otherwise; and an election agent who makes a payment in contravention of this provision shall be guilty of an illegal practice.

(a) exercise general direction and supervision over the administrative conduct of elections and enforce on the part of all election officers fairness, impartiality and compliance with the provisions of this Act;
(b) issue to election officers such instructions as from time to time he may deem necessary to ensure effective execution of the provisions of this Act; and
(c) execute and perform all other powers and duties which in this Act are imposed upon him.

(3) Forthwith upon taking the oath. referred to in subsection (2), the returning officer shall establish an office in the constituency in respect of which he is appointed and shall cause an advertisement to be inserted in a daily news paper specifying the place at which he has established his office.

(3) If at any time between the issue of a writ for an election and the declaration of the result of that election, the returning officer dies or becomes incapable of performing his duties as such, the election clerk shall forthwith report the fact to the Chief Electoral Officer and shall discharge all the duties and enjoy all the powers of the returning officer until some other returning officer is appointed or the returning officer ceases to be incapable of performing his duties, as the case may be.

(2) Forthwith upon commencing to discharge the duties of the election clerk the substitute election clerk shall take the oath required by section 65 to be taken by the election clerk.

(3) If any presiding officer dies or becomes incapable of performing his duties during the taking of the poll, the poll clerk shall forthwith assume the office of presiding officer and shall appoint some other person to act as poll clerk.

(4) Every person appointed to act as poll clerk under subsection (3) shall forthwith take the oath of a poll clerk.

(2) Where any motor vehicle or any animal drawn vehicle or any animal is let, lent, employed, hired, borrowed or used for the purpose of the conveyance of electors to or from the poll, it shall be presumed until the contrary is proved that the motor vehicle, animal drawn vehicle or animal was so let, lent, employed, hired, borrowed or used with a view to supporting or opposing the candidature of some individual as against some other or others at the election.

(3) Nothing in this section shall-

(a) prevent any motor vehicle, any animal drawn vehicle or any animal being let to or hired, employed or used by an elector, or several electors at their joint cost, for the purpose of being conveyed to or from the poll; or
(b) prevent any person employing any motor vehicle or any animal drawn vehicle or any animal for the purpose of conveying to or from the Poll himself or any member of the same household, or borrowing any such vehicle or animal from a member of the same household to be employed for that purpose; or
(c) subject to the provisions of section 73, apply to any motor vehicle registered as an electoral vehicle on behalf of any candidate, in relation to the user of such vehicle in accordance with the provisions of section 74:

Provided that in any prosecution under this section the burden of proving any exemption under either paragraph (a) or paragraph (b) or paragraph (c) shall be on the person charged.

s/1967
S. 2.
22/1957
S. 4(b)

(2) Every notice. under subsection (1) shall specify-

(a) the name of the candidate by or on behalf of whom it is given; and
(b) the constituency for which he is a duly nominated candidate; and
(c) the total number of vehicles which are desired to be registered as electoral vehicles on his behalf; and
(d) the name and address of the owner of each such vehicle and the type, make and registration number under the Road Traffic Act of each such vehicle.

(3) So soon as may be after the receipt of any notice under subsection (1) the appropriate police officer shall satisfy himself by personal enquiry or otherwise as he may think fit-

(a) as to the truth of the matters specified pursuant to the provisions of subsection (2) in such notice; and
(b) that the owner of each motor vehicle specified in such notice consents to the use of such motor vehicle as an electoral vehicle on behalf of the candidate by or on whose behalf the notice was given; and
(c) that application has not been made for the registration of such motor vehicle as an electoral vehicle on behalf of any other candidate in such constituency or in any other constituency.

(4) Where the appropriate police officer is satisfied as to the matters referred to in subsection (3) he shall notify the candidate by or on whose behalf the notice under subsection (1) was given of the registration of the vehicles to which such notice relates as electoral vehicles on behalf of such candidate and shall supply to such candidate or to his election agent an electoral vehicle placard in respect of each vehicle so registered.

(5) Every electoral vehicle placard shall specify-

(a) that the vehicle to which the placard relates is a registered electoral vehicle; and
(b) the registration number (under the Road Traffic Act) of such vehicle; and
(c) the name of the candidate on whose behalf such vehicle is registered as an electoral vehicle; and
(d) the name of the constituency in respect of which such vehicle is registered as an electoral vehicle.

(6) In this section "'appropriate police officer" means the police officer in charge of the parish in which is comprised the constituency to which the notice under subsection (1) relates.

(2) The provisions of section 72 shall apply to any constituency situated in the parish of Saint Andrew subject to the following modification-

the deletion from subsection (1) of the section of 'the words "list for the relevant constituency" and the substitution therefor of the words "lists for such of the polling divisions in the relevant constituencies as are wholly comprised in the rural district of the Corporate Area of Kingston and Saint Andrew".

(3) Subsection (1) of section 74 shall take effect in relation to any constituency comprised in the parish of Saint Andrew as if there were substituted for paragraph (b) of the subsection the following paragraph-

(b) outside the boundaries of such portion of the rural district of the Corporate Area of Kingston and Saint Andrew as is comprised in the constituency in respect of which. it is a registered electoral vehicle:
Provided that this paragraph shall not apply to the presence of any motor vehicle upon a public road outside the boundaries of such portion of the rural district of the Corporate Area of Kingston and Saint Andrew as is situated within the constituency in respect of which such vehicle is registered as an electoral vehicle at any time when such vehicle is actually transporting electors in such constituency from some point in such portion of such constituency as is comprised in such rural district to some other point in such constituency which is comprised in such rural district by the most direct route between such points practicable for motor traffic.

(4) In this section "the rural district of the Corporate Area of Kingston and Saint Andrew" means the rural district of such area as defined in the Second Schedule to the Kingston and St. Andrew Corporation Act.

(a) unless there is prominently displayed upon such vehicle the electoral vehicle placard in respect of such vehicle; or
(b) outside the boundaries of the constituency in respect of which it is a registered electoral vehicle:

Provided that this paragraph shall not apply to the presence of any motor vehicle upon a public road outside the boundaries of the constituency in respect of which such vehicle is registered as an electoral vehicle at any time when such vehicle is actually transporting electors in such constituency from some point in such constituency to some other point in such constituency by the most direct route between such points practicable for motor traffic.

(2) Every person who-

(a) drives or causes or permits to be driven any registered electoral vehicle; or
(b) is or causes any other person to be a passenger upon any such vehicle at a time when he knows or has reasonable cause to believe that such vehicle is being driven,

(2) Where any motor vehicle or any animal drawn vehicle is let, lent, employed, hired, borrowed, used or driven for the purpose of the conveyance into or within any constituency during an election therein within a period of six hours before the hour appointed for the opening of the poll and one hour after the closing thereof of any persons not registered as electors in such constituency it shall be presumed until the contrary is proved that such motor vehicle or animal drawn vehicle was let, lent, employed, hired, borrowed, used or driven for the purpose of supporting or opposing the candidature of an individual against some other or others at the election.

(3) Nothing in this section shall prevent the conveyance into or within any constituency of-

(a) any election officer; or
(b) any candidate at any election taking place on that day anywhere in the Island; or
(c) any election agent duly appointed by a candidate in such constituency or any sub-agent duly appointed by such agent; or
(d) any person who has reasonable grounds for believing that he is registered as a voter in such constituency:

Provided that in any prosecution under this section the burden of proving that any person so conveyed is one of the persons aforesaid shall be on the person charged.

(2) If as the result of the questioning referred to in subsection (1) any constable-

(a) is not satisfied that any breach of section 71 or of section 74 or of section 75 has not been committed; and
(b) is satisfied that immediately before such vehicle last stopped previous to such questioning (whether on his instructions or not) there were upon such vehicles more than seven persons (including the driver),

(3) Any driver of any such vehicle who, upon being required to do so in accordance with the provisions of subsection (2), refuses or fails to drive such vehicle to the nearest police station shall be guilty of an offence against this section and shall be guilty of an illegal practice and on summary conviction before a Resident Magistrate shall be liable to a fine not exceeding one hundred dollars or in default of payment thereof to be imprisoned with or without hard labour for any term not exceeding six months.

(4) Any driver of any such vehicle or any passenger in or, upon such vehicle who refuses or fails to answer questions lawfully put to him by a constable under the provisions of subsection (1) shall be guilty of an offence against this section and on summary conviction before a Resident Magistrate shall be liable to a fine not exceeding fifty dollars and in default of payment thereof to imprisonment with or without hard labour for a term not exceeding six months.

(2) This section shall not apply-

(a) to any electors who are waiting to poll their votes at such polling station and who obey any instructions which may be given by the presiding officer or any constable for the purpose of forming a queue with other electors also so waiting; or
(b) to any person who may under the provisions of this Act lawfully enter or remain in such polling station.

(3) Every person who contravenes or fails to comply with the provisions of this section shall be guilty of an offence against this section and shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding one hundred dollars or to imprisonment with or without hard labour for a term not exceeding six months or to both such fine and such imprisonment.

(2) Every person who contravenes the provisions of guilty of an offence and shall be subsection (1) shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding one hundred dollars or to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

80. [Repealed by Act 18 of 1980.1

(2) Every notice under subsection (1) shall specify-

(a) the person in support of whose candidature the meeting is to be held;
(b) the place and approximate time at which such meeting is to commence.

(3) Every person who contravenes subsection (1) shall be guilty of an offence against this section and, on summary conviction before a Resident Magistrate, shall be liable to a fine not exceeding ten dollars or in default of payment to be imprisoned for a term not exceeding thirty days.

(4) In this section "public place" means any street, road, lane or highway and any park, garden, field or sea beach. to which the public has access whether as of right or upon payment of any sum of money or otherwise.

(a) Any premises on which the sale by wholesale or retail of any intoxicating liquor is authorized by a licence (whether the licence be for consumption on or off the premises); or
(b) any premises where any intoxicating liquor is sold or is supplied to members of a club, society, or association other than a permanent political club; or
(c) any premises whereon refreshment of any kind, whether food or drink, is ordinarily sold for consumption on the premises,

(2) The holder of a wholesale licence or a town-off licence or a hotel licence or a special hotel licence or a club licence, granted under the Spirit Licence Act, shall not sell or cause to be sold any alcoholic liquor on election day during the period beginning one hour before the hour appointed for the opening of the poll and ending after the closing of the poll.

(3) Any person who contravenes the provisions of this section shall be guilty of an offence and shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding one hundred dollars and in default of payment to imprisonment with or without hard labour for a term not exceeding six months.

(4) In subsection (1) "licensed premises" has the meaning which it has in the Spirit Licence Act.

(2) A candidate or an election agent of a candidate who is personally guilty of an offence of illegal hiring contrary to the provisions of section 83 or of illegal payment shall be guilty of an illegal practice.

54/1963
S. 8

(a) obtains without lawful or reasonable cause (the proof of which shall be established by such person), the identification card of any other person or any other prescribed document establishing identity, or
(b) wilfully damages or destroys any identification card or any other prescribed document establishing identity,

(2) Any person who by means of any statement which he either knows to be false or has no reasonable cause to believe to be true obtains or attempts to obtain any identification card or any other prescribed document establishing identity shall be guilty of an offence and on summary conviction before a Resident Magistrate shall be liable to a fine not exceeding two hundred dollars or to imprisonment with or without hard labour for a term not exceeding twelve months or to both such fine and imprisonment.

(a) threatens or assaults an election officer or obstructs such officer in the lawful exercise of his duties; or
(b) wilfully destroys or causes damage to, or takes S. 12. away, without lawful authority any equipment, article, material or document used in, or provided for use in the conduct of, any election,

54/1963
s. 12(b).

(2) Every scrutineer who objects to the registration of any person as an elector on grounds which he knows to be false shall be guilty of an offence and on summary conviction before a Resident Magistrate shall be liable to be imprisoned for a term not exceeding six months and in addition thereto to a fine not exceeding one hundred dollars.

(a) every person who directly or indirectly, by him self or by any other person on his behalf, gives, lends, or agrees to give or lend, or offers, promises, or promises to procure or endeavour to procure, any money or valuable consideration to or for any voter or to or for any person on behalf of any voter, or to or for any person in order to induce any voter to vote or refrain from voting, or corruptly does any such act as aforesaid on account of such voter having voted or refrained from voting at any election;
(b) every person who directly or indirectly, by himself or by any other person on his behalf, gives or procures, or agrees to give or procure, or offers, promises, or promises to procure or to endeavour to procure any office place or employment, to or for any voter, or to or for any person on behalf of any voter, or to or for any other person in order to induce such voter to vote or refrain from voting, or corruptly does any such act as aforesaid on account of any voter having voted or refrained from voting at any election;
(c) 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 or endeavour to procure the return of any person as an elected member of the House of Representatives, or the vote of any voter at an election;
(d) every person who, upon or in consequence of any such gift, loan, offer, promise, procurement or agreement, procures or engages, promises or endeavours to procure the return of any person as an elected member of the House of Representatives, or the vote of any voter at any election;
(e) every person who advances or pays, or causes to be paid, any money to or to the use of another person with the intent that such money or any part thereof, shall be expended in bribery at any election, or who 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;
(f) every voter who, before or during any election, directly or indirectly, by himself or by any other person in his behalf, receives, agrees or contracts for, any money, gift, loan or valuable consideration, office, place or employment, for himself or for any person for voting or agreeing to vote or for refraining or agreeing to refrain from voting, at any election;
(g) 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.

(2) The following persons shall be deemed guilty of treating within the meaning of this Act-

(a) 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 expenses 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 refrain from voting at such election, or on account of such person or any other person having voted or refrained from voting at such election;
(b) every elector who corruptly accepts or takes any such food, drink, entertainment or provision.

54/1963
S. 12.

(a) of being registered as an elector or voting at any election of a member of the House of Representatives or of any Parish Council or of a Councillor of the Kingston and Saint Andrew Corporation; and
(b) of being elected a member of the House of Representatives or of any Parish Council or a Councillor of the Kingston and Saint Andrew Corporation, or, if elected before his conviction, of retaining his seat as such member or Councillor:

(a) votes, or induces or procures any person to vote, at any election, knowing that he or such other person is prohibited by this Act, or by any other enactment, from voting at such election;
(b) before or during the election knowingly publishes a false statement of the withdrawal of a candidate at such election for the purpose of promoting or procuring the election. of another candidate;
(c) before or during any election, for the purpose of affecting the return of any candidate or prospective candidate at such election, makes or publishes any false statement of fact in relation to the personal character or conduct of such candidate or prospective candidate,

54/1963
S. 12(b).

(a) fraudulently defaces or destroys, any ballot paper or the official mark on any ballot paper-, or
(b) without due authority supplies a ballot paper to any person; or
(c) fraudulently puts into any ballot box any paper other than the ballot paper which he is authorized by law to put in; or
(d) fraudulently takes out of the polling station any ballot paper,

18/1980
S. 14.

(3) Any attempt to commit any offence specified in this section shall be punishable in the manner in which the offence itself is punishable.

(4) In any information or prosecution for an offence in relation to the ballot boxes, ballot papers, and other things in use at an election, the property in such ballot boxes, ballot papers or things, may be stated to be in the returning officer at such election.

(2) Every officer, clerk and agent, in attendance at the counting of the votes shall maintain and aid in maintaining the secrecy of the voting, and shall not attempt to ascertain at such counting the number of any ballot paper, or communicate any information obtained at such counting as to the candidate for whom any vote is given in any particular ballot paper.

(3) No person shall, directly or indirectly, induce any voter to display his ballot paper, after he has marked it, so as to make known to any person the name of the candidate for or against whom he has so marked his vote.

(4) Every person who acts in contravention of the provisions of this section shall be liable, on summary conviction, to imprisonment for any term not exceeding six months, with or without hard labour.

(a) makes in any record, return or other document which he is required to keep or make under this Act, any entry which he knows or has reasonable cause to believe to be false, or does not believe to be true; or
(b) permits any person whom he knows or has reasonable cause to believe not to be a blind person or an incapacitated person to vote in the manner provided for blind persons or incapacitated persons, as the case may be; or
(c) refuses to permit any person whom he knows or has reasonable cause to believe to be a blind person or an incapacitated person to vote in the manner provided for blind persons or incapacitated persons, as the case may be; or
(d) wilfully prevents any person from voting at the polling station at which he knows or has reasonable cause to believe such person is entitled to vote; or
(e) wilfully rejects or refuses to count any ballot paper which he knows or has reasonable cause to believe is validly cast for any candidate in accordance with the provisions of this Act; or
(f) wilfully counts any ballot paper as being cast for any candidate, which he knows or has reasonable cause to believe was not validly cast for such candidate,

(2) Every election agent who in any return made under section 60 makes an entry which he knows to be false or does not believe to be true shall be guilty of an offence against this section and, on conviction thereof before a Circuit Court, be liable to be imprisoned for any term not exceeding two years.

(3) Every candidate at an election who contravenes or fails to comply with the provisions of subsection (5) of section 60 shaft be guilty of an offence against this section and, on summary conviction thereof before a Resident Magistrate, shall be liable to a fine not exceeding one thousand dollars or to be imprisoned for any term not exceeding twelve months.

(4) Every candidate who, in any declaration made by him under subsection (5) of section 60, makes any statement which he knows to be false or does not believe to be true shall be guilty of an offence against this section and, on conviction thereof before a Circuit Court, shall be liable to be imprisoned for any term not exceeding two years.

(a) canvasses for votes on behalf of any candidate or political party; or
(b) addresses any meeting on behalf of any candidate or political party; or
(c) in any way actively associates himself with the election campaign of any candidate or political party,

54/1963
S. 12.

(a) of being registered as an elector or Voting at any election of a member of the House of Representatives or of any Parish Council or of a Councillor of the Kingston and Saint Andrew Corporation; and
(b) of being elected a member of the House of Representatives or of any Parish Council or a Councillor of the Kingston and Saint Andrew Corporation, or, if elected before his conviction, of retaining his seat as such member or Councillor:

(a) prescribing the remuneration and travelling allowances to be paid to any election officer other than the Chief Electoral Officer;
(b) prescribing the duties of the returning officers and the procedure to be followed in the performance of those duties;

(c)prescribing the hours between which returning officers shall sit for the purpose of determining claims and objections;
(d) prescribing the symbols to be used on every ballot paper and the mode of the allocation of such symbols to candidates;
(e) prescribing the returns to be made by returning officers to the Chief Electoral Officer;

(f) revoking or amending the forms set out in the Second Schedule and prescribing additional forms;

(g) prescribing the manner in which the official lists shall be published and the number of such lists to be printed;

(h) prescribing the number of copies of the official lists to be distributed by the Chief Electoral Officer and the persons to whom and the terms upon which those lists shall be distributed;
(i) prescribing the period during which every employer shall permit his employees to be absent from work for the purpose of recording their votes.

(j)amending the rules contained in the First, Third and Fourth Schedules and prescribing, additional rules;

(k) providing for the collection and recording of information in- relation to persons registered or to be registered under this Act;

(l) with respect to the cancellation or transfer of registration of any person;

(m) for the making, in respect of any registered person, of returns containing particulars of any change of circumstances affecting the accuracy of such of the particulars recorded in the electoral register in relation to that person as may be prescribed;

(n) regulating the issue or replacement of identification cards and such other documents establishing identity as may be prescribed;

(o) providing for the surrender of an identification card or other prescribed document establishing identity in relation to a person who dies, and in such cases as may be prescribed for the surrender of an identification card or other prescribed document establishing identity relating to a person who leaves Jamaica;

(p) providing for the maintenance of the electoral register; and

(q) prescribing any other matter or thing which is required by this Act to be prescribed.

(a) subsection (1), except under paragraphs (a), (l), (n) and (q) thereof, shall be on the advice of and in conformity with the recommendations of the Committee;
(b) paragraphs (l), (n) and (q) of subsection (1) shall be subject to negative resolution of the House of Representatives.

22/1957
S. 4(b).

(2) The returning officer shall give notice in writing to every candidate in his constituency of any transfer under subsection (1) and to the presiding officer of the polling station at which the person whose name is so transferred would have been entitled to vote but for the provisions of section 106.

22/1957
S. 4(b).

22/1957
S. 4(b).

54/1963
S.12.

(a) any official list of electors or any certificate or notice, required under this Act to be published, supplied or given by any election officer at any time or place or for any period or to any person not having been published, supplied or given at the time or place at which, or for the period for which, or to the person to whom such official list, certificate or notice ought lawfully to have been published, supplied or given, unless the court is satisfied that in failing to publish, supply or give such official list, certificate or notice in the manner required by this Act such election officer acted otherwise than in good faith; or
(b) any irregularity in the appointment of any election officer; or

42/1969
3rd Sch.

(c) the wrongful omission from or inclusion in any official list of electors of the name of any person whose name ought or ought not to have been so omitted or included, as the case may be, unless the court is satisfied that such wrongful omission or inclusion was due to any election officer who was engaged in the preparation of such official list having acted otherwise than in good faith.

(3) The Chief Electoral Officer shall cause the name of any person whose name appears upon the military voters list in any constituency to be deleted from the official list for any polling division in any constituency.

(4) Subject to the provisions of subsection (3) of section 111, the military voters list shall be deemed to form part of the official list of electors for the polling station nearest to the office of the returning officer.

(5) Every returning officer shall supply a copy of the military voters list to each candidate in his constituency.

(a) was serving in the Jamaica Constabulary Force on the day of the issue of the writ for the election pending in the constituency; or
(b) on such day was a Special Constable and on or before the third day thereafter, made application to the designated Police officer for inclusion in such list,

(3) The Chief Electoral Officer shall cause the name of any person whose name appears upon the Police and Special Constables voters list in any constituency to be deleted from the official list for any polling division in any constituency.

(4) Subject to the provisions of subsection (3) of section 111, the Police and Special Constables voters list shall be deemed to form part of the official list of electors for the polling station nearest to the office of the returning officer.

(5) Every returning officer shall supply a copy of the Police and Special Constables voters list to each candidate in his constituency.

22/1957
S. 4(b).

(2) The presiding officer at any polling station in the constituency in which the holder of any certificate under this section is entitled to vote shall, on production by such holder of the said certificate, allow him to vote at that. polling station and shall forthwith cancel the said certificate and deal with the same in like manner as the counterfoils of ballot papers are directed by law to be dealt with.

(3) No person to whom the provisions of this section apply shall, under this section, be entitled to vote at any election at which he would not, but for the provisions of this section, be entitled to vote not more than once in any election and if he so votes or attempts to vote he shall be subject to all the penalties imposed by law on impersonating or attempting to impersonate a voter at such an election.

(3) No person shall be entitled to vote in any polling division if-

(a) he is under the age of eighteen years; or

(b) he is not a Commonwealth citizen resident in Jamaica; or
(c) he is a person who is disqualified from voting under subsection (3) of section 5.

Third Schedule

(2) Every person who contravenes the provisions of subsection (1) shall be guilty of an offence against this section and, on summary conviction thereof before a Resident Magistrate, shall be liable to a fine not exceeding fifty dollars or to be imprisoned for any term not exceeding three months.

Fourth Schedule.

(2) Every person who contravenes the provisions of subsection (1) shall be guilty of an offence against this section and, on summary conviction thereof before a Resident Magistrate, shall be liable to a fine not exceeding fifty dollars or to be imprisoned for any term not exceeding three months.

3. Subject to the provisions of rules 1, 2. 4, 5 and 6 the question as to whether a person is or was ordinarily resident at any material period shall be determined by reference to all the facts of the case.

4. The place of ordinary residence of a person is, generally, that place which has always been. or which he has adopted as the place of his habitation or home whereof when away from there he intends to return. Specifically when a person usually sleeps in one place and ..has his meals or is employed in another place, the place of his ordinary residence is where the person sleeps.

5. Generally, a person's place of ordinary residence is where his family is; if he is living apart from it in another place, the place of ordinary residence of such person is such other place. Temporary absence from a place of ordinary residence does not cause the loss or change of place of ordinary residence:

6. Any person on actual service with or embodied in any unit of the regular Force in the Jamaica Defence Force shall be deemed to continue to ordinarily reside in the polling division in which he was ordinarily resident at the time that he entered upon such actual service or was embodied as the case may be, unless he has thereafter established some other ordinary residence in the Island.

(a) to vote; or
(b) to be registered as electors in that polling division.

14/1984
S. 3(a)

(2) Any representative aforesaid may, within seven days of receipt of the list. make objections or representations to the returning officer against the assignment of any enumerator named in the list and the returning officer shall transmit such objections or representations to the Chief Electoral Officer who shall, after consultation with the Committee-

(a) confirm the assignment of the enumerator: or

(b) reassign the enumerator to some other polling division in the constituency; or
(c) request the Committee to take such other action pursuant to section 10 of the Representation of the People (interim Electoral Reform) Act, and in conformity with section 11 of this Act. as the Committee thinks fit.

(a) to vote, or
(b) to be registered as electors.

81/1980.

(7) Pursuant to paragraph (6) the returning officer shall as soon as practicable summon the scrutineer to appear before him to give evidence concerning his objection.

(8) Subject to the provisions of the rules in this Schedule, every person in respect of whom a certificate of enumeration has been issued pursuant to paragraph (3) or rule 17 shall be registered as an elector for the polling division in which he ordinarily resides:
Provided that where the returning officer cancels the certificate of enumeration of any person for a polling division in accordance with the provisions of rule 16 such person shall not be registered as an elector in respect of that polling division and if he has been so registered the Chief Electoral Officer shall cause his registration to be cancelled.

(9) Where a person is being registered pursuant to paragraph (8) such registration shall be carried out in accordance with the rules in Part III

9.-(1) Each enumerator conducting the house-to-house enquiry shall be supplied by the Chief Electoral Officer with the current official list for the polling division in which he is appointed to act and any accompanying scrutineer shall obtain a similar list from the political party by which he was appointed.

11. The names of-

(a) persons whose oral requests for enumeration have been refused by the enumerator; and
(b) persons against whose enumeration objection has been taken by a scrutineer,

(a) is not ordinarily resident in the dwelling-place which appears opposite his name on such list;
(b) is dead;
(c) is not known;
(d) is not to the best of his knowledge and belief ordinarily resident in the polling division; or
(e) ordinarily resides at a dwelling-place (to be named) which is situated in the same constituency.

(2) If the enumerator has grounds for believing that a person whose name appears on the current official list does not wish or is not entitled to be enumerated, entries stating the grounds for such belief shall be made on the form mentioned in paragraph (1) by the enumerator accordingly.

(a) prepare a notice in the form set out in the Schedule to these Rules informing the elector in respect of whom the entry is made that he may appear before the returning officer to refute the statement in the entry; and
(b) send the notice by registered mail to the elector; and
(c) if the entry is made pursuant to paragraph (2) in respect of an elector who is present when the entry is made, leave with him a true copy of the notice.

13. The enumerator shall exercise the utmost care in conducting the house-to-house enquiry in the polling division for which he has been appointed and he shall take all necessary precautions to ensure that he obtains accurate information regarding the name, occupation, address and other required particulars of persons in the polling division and that he has not enumerated any person who is not qualified to vote or to be registered as an elector.

(2) The register to which reference is made in paragraph (1) shall be signed at the end of each day's enumeration by the enumerator and by the scrutineers assigned to him (and, where a scrutineer is absent, the fact of his absence shall be noted on the record) and shall be given by the enumerator to the returning officer after the house-to-house enquiry is completed.

15. If any notice forwarded pursuant to paragraph (3) of rule 12 is returned by the post office as undelivered the enumerator shall deliver such notice to the returning officer.

16.-(1) If, in consequence of information received by him, the returning officer suspects that a person in respect of whom a certificate of enumeration has been issued by an enumerator for a polling division is not qualified to be enumerated in respect of that polling division he may summon that person to appear before him and after a fair hearing shall cancel the certificate of enumeration if he is satisfied that such person is not qualified as aforesaid:
Provided that where a person who is summoned as aforesaid fails to appear the hearing may take place in his absence.

17.-(1) The returning officer shall deal with the cases of persons whose oral requests for enumeration were refused by the enumerator or in respect of whom entries were made on the prescribed form pursuant to paragraph (1) or (2) of rule 12 and if any such person appears in person before the returning officer and satisfies him that he is entitled to be enumerated in respect of the relevant polling division within his constituency the returning officer shall if the person so wishes, duly issue a certificate of enumeration.

(2) If any person in respect of whom entries were made on the prescribed form pursuant to paragraph (1) or (2) of rule 1 does not appear before the returning officer, the returning officer may issue to that person a. notice of the kind described in paragraph (3) of the said rule 12.

Schedule Form 11.

(2) The returning officer shall upon receipt of an application under this rule, make such investigations as he may think fit and if he is satisfied that-

(a) a certificate of enumeration was issued in respect of the applicant; and
(b) the applicant has not been registered,

19.-(1) Subject to the provisions of paragraph (2) the returning officer when sitting for the purpose of hearing claims, objections, and other matters under the rules in this Schedule shall have all the powers of a Resident Magistrate in relation to the calling and the examining of any witness and the administering or causing to be administered to any person of an oath.

(2) Every person who is required to take an oath in pursuance of the provisions of this rule may elect to make a solemn affirmation instead of taking such oath.

(a) whose oral request for enumeration was refused by the enumerator: or
(b) in respect of whom entries were made in the prescribed form pursuant to paragraph (1) or paragraph (2) of rule 12,

20. In this Part-

"inventory form" means a registration record inventory form referred to in rule 24;
"registration officer" means, in relation to the registration of a person enumerated in a polling division under Part II of this Schedule-

(a) the enumerator appointed for such polling division. or
(b) in any case where a certificate of enumeration has been issued by the returning officer pursuant to rule 17, that returning officer or an election officer nominated by him;

"electoral number" means the number printed on a registration record card as provided by paragraph (2) of rule 26.

22.-(1) The Chief Electoral Officer shall establish and maintain an electoral register for the Island which shall consist of the registration record and thumb print cards of all persons registered under these Rules.

(2) Subsections (2), (3) and (4) of section 52 of this Act shall apply as respects the electoral register in like manner as they apply to the election documents and papers mentioned in subsection (1) of that section.

(3) Where it appears to the Chief Electoral Officer that any person has been or is about to be registered as an elector for more than one polling division contrary to subsection (5) of section 5 of this Act, he shall, without prejudice to any criminal or other proceedings which may be taken in the matter, take such steps and issue such directions as will cause the same to be remedied.

23. There shall be supplied by the Chief Electoral Officer to every registration officer-

(a) unused registration record cards;
(b) unused thumb print cards; and
(c) such other documents and material as may be necessary for the performance of his duties

(2) Every person in respect of whom a certificate of enumeration is issued shall. so soon as may be convenient. be registered by the registration officer if he has not been previously registered; but where he had been so registered and it is necessary to re-register him, or to effect a transfer of registration, the registration officer shall notify the Chief Electoral Officer accordingly and the re-registration or transfer of registration as the case may be shall be effected by such person and in such manner as the Chief Electoral Officer shall direct:
Provided that where objection has been taken by a scrutineer to the issue of a certificate of enumeration in respect of any person pursuant to paragraph (6) of rule 8 the registration of such person may be deferred until the appropriate returning officer has decided the issue.

(3) The registration officer shall cause a registration record card and a thumb print card to be prepared for each person in respect of whom a certificate of enumeration has been issued and who is being registered by him.

27. The registration officer shall-

(a) record in ink on the original and by carbon on both copies of the registration record card of each person being registered the required particulars which shall be obtained from certificate of enumeration issued in respect of such person;
(b) require the person being registered, unless he is unable to do, so by reason of illiteracy or physical infirmity, to read the registration record card and sign the original and both copies after satisfying himself that the contents thereof are correct;

(c) require the scrutineers assigned to him to sign the registration record card and both copies or, where a scrutineer is absent, note the fact of such absence on the registration record card and both copies;
(d) sign the original and both copies of the registration record card.

28. Where a person.who is being registered is unable to read the registration officer shall read over to him and where practicable in the presence of scrutineers, the contents of his registration record card.

(a) with his right thumb; or
(b) with his left thumb, should be not have a right thumb; or
(c) with any other finger, should he not have any thumb.

(2) Where an impression is made under paragraph (1) with a finger other than the right thumb the registration officer shall make a note of the finger with which it is made upon the thumb print card of the person who made such impression.

(3) Where a person has no hand or has no finger on either hand an appropriate note shall be made on the registration record card and thumb print card of such person.

31.-(1) A registration officer, upon being satisfied that a registration record card cannot properly or conveniently be used or that he is unable to complete such card, shall cancel it by writing the word "spoilt" thereon.

(3) Paragraphs (1) and (2) shall apply as respects a thumb print card as they apply in relation to a registration record card.

32.-(1) The Chief Electoral Officer or a registration officer may correct any clerical error in a registration record card or an identification card or a thumb print card that has been caused by inadvertence.

(2) A correction made under this rule shall be initial.led and dated by the Chief Electoral Officer or the registration officer as the case may be, and if practicable by the person to whom the card relates.

(a) cause to be affixed to the form attached to the registration record card in the position indicated thereon the photograph which bears the electoral number corresponding to the electoral number on that registration record card;
(b) cause to be entered on an identification card (which shall be in the prescribed form) the required particulars in respect of such person including his name and electoral number;
(c) cause the identification card to be laminated; and
(d) forward the laminated card to the returning officer.

35.-(1) So soon as may be convenient after he has completed as respects any polling division the matters mentioned in rules 8, 16 and 17 the returning officer shall forward to the Chief Electoral Officer-

(a) the duplicates of the certificates of enumeration issued in relation to such polling division together with any other forms and documents which the Chief Electoral Officer may require;
(b) the cards, forms and other documents mentioned in rule 33 which might not already have been transmitted at the request of the Chief Electoral Officer.

36.-(1) Subject to the provisions of paragraph (2), in urban areas-

(a) where the area comprised in any polling division is divided geographically, for example, into streets, roads, avenues or lanes and the houses therein are designated by numbers, the official list shall be arranged with reference to the names of such streets, roads, avenues or lanes and shall specify the number, if any, of the houses wherein each elector resides:
(b) where the area comprised in any polling division is not divided geographically, the official list shall be arranged in the alphabetical order of the names of the electors therein.

(2) If the Chief Electoral Officer thinks it expedient to do so, he may direct that the geographical arrangement of electors' names required by paragraph (1) (a) shall be replaced by an arrangement in alphabetical order or that the alphabetical order of electors' names required by paragraph (1) (b) shall be replaced by such other arrangement as the Chief Electoral Officer may direct

(3) In rural areas the names of electors shall be arranged in the official list in the order of the household of which the electors are members and the address of each elector shall include the name of the district in which he resides and the post office by which he is served.

(4) The names of electors in both urban and rural areas shall be numbered in the official list in numerical sequence,

37. [Revoked by L.N. 76/1983].

21/1979
S. 16
L.N.
81/1980/td>

(2) Upon the publication of the notice referred to in paragraph (l) every certificate of enumeration, notice of objection and every other certificate, notice or claim of a similar character in relation to the polling division to which the provisions of this rule have been applied shall become void and of no effect

(3) So soon as may be after the publication of the notice referred to in paragraph (1), the Chief Electoral Officer shall appoint a day for the commencement of a fresh preparation of the official list for the polling division which shall as far as possible be carried out in accordance with the rules in this Schedule and within such period as the Chief Electoral Officer may notify to the returning officer concerned.

39A. In this Part-

"designated period" means any period designated by the Committee pursuant to rule 39C;
"the last enumeration" means the enumeration last conducted in accordance with Part II;
"the specified categories" means-

(a) persons who become qualified persons after the last enumeration; and
(b) persons who, although they were qualified persons at time of the last enumeration, were not enumerated at that time,
being, in either case, persons who are not precluded by any provisions of the Act from being registered as electors;
"supplemental enumeration" means, in relation to the preparation of the official list for a polling division, the listing, during the designated period, of persons who fall within the specified categories and reside in that polling division during the designated period;
"supplemental registration" means, in relation to the preparation of the official list for a polling division, the registration, during the designated period, of persons enumerated during a supplemental enumeration.

39B. The provisions of this Part shall have effect in relation to the carrying out of supplemental enumeration and supplemental registration.

39C.-(1) The Committee may designate any period as a period during which supplemental enumeration and supplemental registration may be carried out, so, however, that-


(a) any period so designated shall not fall within an enumeration period; and
(b) there shall be at least one period so designated within a period of one year commencing immediately after the date of the last publication of the official lists relating to an enumeration period unless, within such period of one year as aforesaid. an enumeration period is prescribed.

(2) The Committee shall take such steps as are necessary to ensure that the public is adequately informed as to-


(a) the duration of the designated period;
(b) the date during the designated period by which applications under rule 39D should be made; and
(c) the respective periods during which supplemental enumeration and supplemental registration will take place.

39E.-(1) In relation to any supplemental enumeration and supplemental registration-

(a) the qualifications as to residence specified in Part I shall apply in like manner as they apply in relation to enumeration and registration under Parts II and III respectively; and
(b) the provisions of Parts II and III relating. respectively, to enumeration and registration shall apply in like manner, subject to the modifications specified in paragraph (2).

(2) For the purposes of this Part, any reference (however expressed) in Part II or III-

(a) to a person residing in a polling division shall be construed as a reference to a person residing in that polling division and fall within the specified categories;
(b) to the enumeration period, shall be construed as a reference to the designated period;
(c) to a house-to house enquiry or enumeration, shall be construed as a reference to such enquiry or enumeration. as the case may be, in respect of persons falling within the specified categories who have applied pursuant to rule 39D to be registered as electors;
(d) to an oral request for enumeration shall be construed as a reference to a written application for enumeration made pursuant to rule 39D.

39F. The registration officer shall attach to every registration record card prepared under Part III in respect of a person enumerated and registered pursuant to this Part, the application for registration made by that person pursuant to rule 39D: and the electoral number that is printed on the registration record card shall be entered on such application.

39G.-(1) Without prejudice to the use of a Statement of Changes for the purposes contemplated by rule 38 (1), the Chief Electoral Officer may, by means of Statements of Changes duly certified by him, add to the official list for any polling division the names of persons within that polling division who have been enumerated and registered pursuant to this Part.

(2) The restriction imposed under rule 33 (1) and (3) as to the time after which no addition of names to the official list shall take place shall apply in relation to the addition of names authorized under paragraph (I)-

39H. Nothing in this Part shall be construed to authorize the transfer of a person's name from the official list for one polling division to the official list for another polling division. whether or not in the same constituency.

40.-(1) Where any form. document or film required to be sent to the Chief Electoral Officer under the rules in this Schedule is not received by him or is lost or is cancelled in error or there is any error or insufficiency therein the Chief Electoral Officer, may require the appropriate enumerator registration officer or returning officer to cause the same to be remedied.

(2) The provisions of the rules in this Schedule which govern any action which might have been taken in the first instance in respect of such form, document or film shall apply in respect of the said form, document or film, and action may be taken thereunder to effect the said remedy.

(2) Forthwith upon his appointment each distributor shall take and subscribe an oath in the form set out in the Schedule to these Rules and shall transmit such oath to the returning officer.

(a) deliver such identification card in the company of the scrutineers attending: or

(b)cause such identification card to be delivered by-

(i) any returning officer or election clerk; or
(ii) any distributor appointed pursuant to rule 40A (1)

The person delivering such identification card shall. twenty-four hours before commencing such delivery, notify in writing every scrutineer appointed for the polling division of the times and places where he will start such delivery from day to day and from time to time. and such notification shall be acknowledged in writing by the scrutineer of be witnessed by two signatories as proof of service.

(2) Where the person delivering an identification card is satisfied-

(a) that the person to whom it relates is unable to produce the certificate of enumeration issued in respect of him; and
(b) as to the identity of such person, he may issue the identification card to the person to whom it relates on such person giving him a receipt therefor in a form approved by the Chief Electoral Officer.

(3) Within thirty days of the receipt of an identification card by the returning officer pursuant to rule 34 (d), the returning officer shall, after taking reasonable steps to effect delivery of the card.in accordance with this rule, return the identification card to the Chief Electoral Officer if it is not so delivered

(4) Upon the application of any person to whom an identification card returned under paragraph (3) relates, the Chief Electoral Officer way cause the identification card to be issued to that person-

(a) in exchange for the certificate of enumeration issued in respect of him; or
(b) in keeping with paragraph (2).

.....................................................P.O.
.................................19..................

I..................................................................
the undersigned, appointed as photographer for polling division No.
....................... of the constituency of...................
swear (or solemnly affirm) that I will faithfully perform all the duties
of such photographer in accordance with the Representation of the
People Act or any regulations made thereunder to the best of my ability.

[Forms 3 and 4 deleted by L.N. 81/1980.]

To Mr. .........................................................
Returning officer for the constituency of.......................
Address.........................................................
I,..............................................................
a Scrutineer appointed for polling division No............in the
Constituency of....................................hereby object
to the issue of a certificate of enumeration to.................
................................................................
whose address is................................................
and whose occupation is.........................................
on the ground that to the beg of my knowledge and belief the person
enumerated is...................................................
................................................................
................................................................

Copy to be delivered to person to whom Certificate of Enumeration has been issued.

I COMMAND YOU that notice of the time and place of election being first duly given. you do cause election to be made according to law of a member to serve in the House of Representatives for the said