No. 17 of 2001. The Representation of the People 1 ANTIGUA
(Amendment) Act 2001. AND

BARBUDA

[L.S. ]

I Assent,

James B. Carlisle,
Governor-General.

3rd December, 200 1.

ANTIGUA AND BARBUDA

No. 17 of 2001

AN ACT to amend the Representation of the People Act Cap.
379.

[ 3rd December, 2001 ]

ENACTED by the Parliament of Antigua and Barbuda.

1. This Act may be cited as the Representation of the People Short title.
(Amendment) Act 200 1.

2. The Representation of the People Act (in this Act referred Amendment of
to as the principal Act) is amended in section 2 as follows - 2.

(a) by the repeal of the following definitions "election
officer", "elector", "election rules", and "prescribed";
and

(b) by the substitution in their appropriate alphabetical
order of the following -

ANTIGUA 2 The Representation of the People No. 17of 2001.
AND (Amendment) Act 2001.

BARBUDA

"elector" in relation to an election, means any person,
whose name is for the rime being on the appropriate
register to be used at that election;

"Election Rules" means the Election Rules contained in
the First Schedule to this Act.

"Comrnission" means the Electoral Commission established
under section 3;

"Constitution" means the Antigua and Barbuda Constitu-
tion Order 198 1 Cap. 23;

"election officer" includes .the Supervisor of Elections,
the Assistant Chief Elections Officer, returning officer, elec-
tion clerk, presiding officer, poll clerk, registration officer
and any other person having any duty to perform under
this Act or the regulations relating to the registration of
electors, the proceedings on polling day and the counting
of the votes;

"Minister" means the Minister responsible for the admin-
istration of the Act;

"polling day" means the day fixed for the .holding of a poll
of electors at election;

"polling district" means any enclosed or unenclosed space
secured by the returning officer for the taking of votes of
electors on polling day and any extension of such space
where the extension is deemed necessary or expedient by
the returning officer;

"prescribed" in relation to Parts I and 11, means prescribed
by regulations made under this Act, and in Part I11 means
prescribed by the Rules of the Supreme Court;

"qualifying date" in relation to the qualification of any
person to be registered as an elector, means the date on
which that person applies to be registered as an elector
unless in respect of any particular year of election, the
Commission, by order, appoints some other date;

"qualified person" means any person who is qualified to
be registered as an elector and entitled to vote as such;

No. 17 of 2001. The Representation of the People 3 ANTIGUA
(Amendment) Act 2001. AND

BARBUDA

"registration officer" means a registration officer appointed
under section 20 to be registration officer for a constitu-
ency or a person acting in that office.

3. The principal Act is amended by the repeal of sections 3 -
42 and the substitution of the following -

ESTABLISHMENT OF ELECTORAL COMMISSION

"Electoral 3. (1) For the purposes of conducting elec-
Commission. tions under this Act, there shall be established

the Electoral Commission.

(2) The Commission shall consist of a Chair-
man, a Deputy Chairman, and three other Mem-
bers who shall be persons of integrity.

(3) The Chairman and two other members of
the Commission shall be appointed by the
Governor-General, acting on the recomrnenda-
tion of the Prime Minister after consultation
with the Leader of the Opposition, by instru-
ment under the Public Seal and two other mem-
bers shall be appointed by the Governor-Gen-
eral, acting on the recommendation of the
Leader of the Opposition after consultation
with the Prime Minister, by instrument under
the Public Seal.

(4) A person shall not be qualified to hold
office as a member of the Commission if he is a
Minister of Government, Parliamentary Secre-
tary, a Member of Parliament, or a Candidate
for election to the House of Representatives
or a Senator or a senior public servant, or a
former Parliamentarian who has ceased to be a
Parliamentarian for less than ten years.

(5) The office of a member of the Commis-
sion becomes vacant -

(a) at the expiration of seven years
from the date of his appointment
but he shall be eligible for reap-
pointment;

ANTIGUA 4 The Representation of the People No. 17 of 2001.
AND (Amendment) Act 2001.

BARBUDA

(b) where any circumstances arise,
that, if he were not a member of
the Commission, would cause him
to be disqualified for appointment
as a member; or

(c) if he resigns his office by writing
under his hand addressed to the
Governor-General;

(d) if he dies.

(6) Where a member of the Commission, other
than the Chairman, is unable by reason of his
illness,'or for any other reason, to perform the
functions of his office, the Governor-General
may in accordance with the manner prescribed
by subsection (3) appoint a person to act as
temporary member of the Commission and
authorise him to perform the functions of that
office.

(7) If the Chairman is unable, by reason of
his illness, or for any other reason, to perform
the functions of his office, the Deputy Chair-
man shall perform the functions of that office."

(8) A member of the Electoral Commission
shall cease to hold office on attaining the age
of seventy-five years.

(9) The members of the Commission shall
take an Oath or Affirmation before the Gover-
nor-General.

Removal from 4. (1) A member of the Commission may be removed from
office. office only for inability to exercise the functions of his office

(whether arising from infirmity of body or mind or any other
cause) or for misbehaviour and shall not be so removed except in
accordance with the provisions of this section.

(2) A member of the Commission shall be removed from office
by the Governor-General if the question of his removal has been
referred to a tribunal appointed under subsection (3) and the
tribunal has recommended to the Governor-General that he ought

No. 17 of 2001. The Representation of the People 5 ANTIGUA
(Amendment) Act 2001. AND

BARBUDA

to have been removed from office for inability as aforesaid or for
rnisbehaviour.

(3) If the-Prime Minister or Leader of the Opposition repre-
sents to the Governor-General that the question of removing a
member of the Conmission under this section ought to be inves-
tigated then -

(a) the Governor-General may appoint a tribunal which
shall consist of a chairman and not less than two
other members, selected by the Chief Justice from
among persons who hold or have held office as a
judge of a court having unlimited jurisdiction in civil
and criminal matters in some part of the Common-
wealth or a court having jurisdiction in appeals from
such a court; and

(b) the tribunal shall enquire into the matter and report
on the facts thereof to the Governor-General and
recommend to him whether the member ought to be
removed under this section.

(4) If the question of removing a member has been referred to
a tribunal under t h s section, the Governor-General, after consul-
tation with the Prime Minister and the Leader of the Opposition,
may suspend that member from the functions of his office and
any such suspension may at any lime be revoked by the Gover-
nor-General, a f t ~ r consultation with the Prime Minister and the
Leader of the Opposition, and shall in any case cease to have
effect if the tribunal recommends to the Governor-General that
the member should not be removed.

(5) If the office of Chairman is vacant, the functions of that
office shall be exercised by a person appointed by the Governor-
General acting in accordance with the advice of the Prime Minis-
ter after consultation with the Leader of the Opposition to be the
Chairman.

(6) If the office of Deputy Chairman is vacant, the functions of
that office shall be exercised by a person appointed by the Gov-
ernor-General acting in accordance with the advice of the Leader
of the Opposition after consultation with the Prime Minister to
be the Deputy Chairman.

ANTIGUA
AND

BARBUDA

Quorum at
meetings.

Functions and
duties of the
Commission.

6 The Representation of the People No. 17 of 2001.
(Amendment) Act 2001.

5. (1) At any meeting of the Commission, a quorum shall be
constituted if four members are present; and, if a quorum is
present, the Commission shall not be disqualified for the transac-
tion ofbusiness by reason of any vacancy among its members or
the absence of any member, and any proceedings of the Com-
mission shall be valid notwithstanding that some person who
was not entitled so to do took part therein.

(2) The Commission may regulate its own procedure.

(3) Any question for decision at any meeting of the Commis-
sion shall be determined by a majority of the votes of the mem-
bers thereof present and voting.

6. (1) The Commission shall be responsible for the general
direction, control and supervision of the preparation of the vot-
ers' register and the conduct of elections in every constituency
and enforcing with respect to all election officers, fairness, im-
partiality and compliance with the elctoral law.

(2) The Commission shall be responsible for the selection and
appointment of election officers and prescribing the duties of
such officers.

(3) It shall be the duty of the Commission to -

(a) prescribe the qualification for the selection and ap-
pointment of all officers of the Commission;

(b) develop and design training programmes for persons
appointed to be election officers, including such
programmes as shall ensure that the functions of the
Commission are carried out in an independent and
impartial manner;

(c) design a continuous non-partisan voter education
programme for voters;

(d) regulate the conduct of election officers.

(4) The Commission shall, in the exercise of its functions act
impartially and independently of any political or governmental
influence and shall not be subject to the direction or control of
any other person or authority. The Commission shall conduct its
affairs in a transparent manner, consistent with good election
management practice.

No. 17 of 2001. The Representation of the People 7 ANTIGUA
(Amendment) Act 2001. AND

BARBUDA

(5) The Commission shall:

(a) prepare and furnish to the Minister, as soon as prac-
ticable after June 30 in each year, a report on the
operations of the Conxission during the year that
ended on June 30; and

(b) az soon as possible after polling day in a general
election, prepare and furnish to the Minister a re-
port, with special reference to the operations of sec-
tion 83 of the Act with respect to that election.

(6) (a) The Minister shall cause a copy of a report furnished
by the Commission pursuant to subsection (5) (a) to
be laid in the House of Representatives at the sitting
following the receipt of the report.

(b) The Minister shall cause a copy of a report furnished
by the Commission pursuant to subsection (5) (b) to
be laid before each House of Parliament at the meet-
ing next following the receipt of the report.

7. (1) The Commission shall appoint a Counsel to - Appointment of
Counsel and staff

(a) advise it on the interpretation and application of the :LF Cornmi'-
Act and the Regulations made thereunder, and to
provide the Commission with such legal opinion as
it may, fromtime to time, require;

(b) provide training to its officers and assist in the pub-
lic education of voter registration and voting proce-
dures at election.

(2) The Commission shall appoint such number of suitable
officers, as it considers necessary to enable it to carry out its
functions efficiently and impartially.

(3) The adrmnistrative expenses of the Commission, including
salaries, allowances and pensions payable to, or in respect of
Counsel and other persons serving with the Commission, shall
be charged to the Consolidated Fund.

(4) The Commission shall prepare its annual budget propos-
als and submit them to the Minister who shall seek the approval
of Parliament of the budget as proposed by the Commission.

ANTIGUA 8 The Representation of the People No. 170f 2001.
AND (Amendment) Act 2001.

BARBUDA

Protection of the 8. (1) No member shall be personally liable for any act or de-
commission from fault of the Commission done or omitted to be done in good faith
legal proceedings. in the course of the operation of the Commission.

(2) Where any member is exempt from liability by reason only
of the provisions of this section the Commission shall be liable to
the extent that it would be if the said member were a servant or
agent of the Commission.

ADiWJNSTRATION AND SUPERVISION OF ELECTIONS

Powers and duties 9. (1) For the purposes of this Act, the Supervisor of Elec-
Of the Supervisor tions appointed under section 67 of the Constitution shall be the
of Elections. Chief Executive Officer of the Commission and shall, at the direc-

tion of the Commission, perform the duties conferred upon him
under this Act in an impartial, fair and efficient manner.

(2) The Supervisor of Elections shall be the Chief Registration
Officer and, for the purposes of an election be the Chief Elections
Officer and shall, on the written instructions of the Commis-
sion -

(a) issue to election officers such instructions as are
necessary for ensuring effective execution of the pro-
visions of this Act;

(b) execute and perfom, all other functions which by
this Act or the regulations and rules are conferred or
imposed upon him.

(3) Upon the issuing of a Writ of Elections, the Commission
shall appoint an Assistant Chief Elections Officer.

(4) The Assistant Chief Elections Officer shall assist the Su-
pervisor of Elections and shall, subject to any general or specific
directions of the Commission, have power to perform any of the
functions which the Supervisor of Elections is by this Act re-
quired to perform in relation to Elections.

Appointment and 10. (1) The Commission may, by notice published in the Ga-
duties Of returning zette, appoint for each constituency a returning officer who shall
officer. receive such remuneration as the legislature may by resolution

prescribe.

No. 17 of 2001. The Representation of the People 9
(Amendment) Act 2001.

(2) It shall be the duty of the returning officer at any election
to do all such acts as may be necessary for effectively conduct-
ing the election in the manner provided by the Act and regula-
tions and orders made thereunder.

11. (1) The Commission may, appoint one or more election
clerks for each constituency, who shall receive such remunera-
tion as the legislature may by resolution prescribe, and where
more than one such clerk has been appointed for a constituency,
the Commission shall assign an order of seniority among them.

(2) Where at any time between the issue of a writ and the
declaration of the result of the election the returning officer dies
or becomes incapable of performing his functions as such, the
election clerk, where only one such clerk has been appointed or
senior election clerk, where more than one clerk have been ap-
pointed, shall forthwith report the fact to the Commission and
shall perform the functions of the returning officer until some
other returning officer is appointed or the returning officer ceases
to be incapable of performing the functions, as the case may be.

12. (1) The Commission may, after consultation with the Super-
visor of Elections, appoint apresiding officer for each Polling Sta-
tion.

(2) The Commission shall appoint for each polling station
such number of poll clerks as may be necessary, and where more
than one poll clerk has been appointed for a polling station, the
Comnission shall assign an order of seniority among them.

(3) Where a presiding officer dies or becomes incapable of
performing his functions during the taking of the poll, the poll
clerk, where only one such clerk has been appointed, or the se-
nior poll clerk, where more than one such clerk have been ap-
pointed shall report the fact to the Commission and shall, until
some other person is appointed as presiding officer by the Com-
mission perform the functions of the presiding officer and the
Commission may appoint some other person to act as poll clerk.

ANTIGUA
AND

BARBUDA

Appointment of
election clerks.

Appointment and
duties of presiding
officer.

(4) Any person appointed by the Commission as a presiding
officer and any person appointed as a poll clerk under subsec-
tion (3) shall respectively perform the functions of those offices
while acting in the capacity of presiding officer or poll clerk, as
the case may be, and shall receive in respect of their services
such remuneration as may be prescribed.

ANTIGUA
AND

BARBUDA

Saving of rights
of election
officers.

Oath of election
officers.

Persons entitled
to vote.

10 The Representation of the People No. 17of 2001.
(Amendment) Act 2001.

(5) It shall be the general duty of the presiding officer at a
polling station to see that the poll is taken fairly and to keep order
at the station.

13. No person shall be subject to any incapacity to vote at an
election because he is or is acting as Supervisor of Elections,
Assistant Chief Elections Officer, returning officer, election clerk,
or presiding officer or is acting in any capacity as an election
officer.

14. Every election officer shall take an oath or a f f m t i o n
prescribed by regulation before a Magistrate.

15. (1) Subject to section 40 s f the Constitution and this Act,
a person is entitled to vote as an elector at an election in a con-
stituency if on polling day he is qualified to be an elector for that
constituency and is on that day registered in the register of elec-
tors to be used at that election in that constituency.

(2) A person is not entitled to vote as an elector at an election
in a constituency unless be is registered in the register of elec-
tors to be used at that election in that constituency.

(3) A person who is subject under any enactment to and inca-
pacity to vote is not entitled to vote as an elector at an
election in a constituency.

(4) No person may -

(a) at a general election, or at an election held in more
than one constituency, vote as an elector in more
than one constituency;

(bj at any election, vote as an elector more than once in
the same constituency; or

(c) at any election, vote without first producing the iden-
tification card issued to him under section 26 or
where such identification card is lost produces a
special identification card issued to him by the Su-
pervisor of Elections in accordance with subsection
(6).

No. 17 of 2001. The Representation of the People 11 ANTIGUA
(Amendment) Act 2001. AND

BARBUDA

(5) Any person who contravenes subparagraphs (a) and (b)
of subsection (4) commits an offence and is liable on conviction
to a fine not exceeding five thousand dollars or to a term of
imprisonment not exceeding two years.

(6) The Supervisor of Elections shall, on application by a per-
son whose identification card is lost, issue to such person a
special identification card if the applicant produces evidence to
prove his identity and that his identification card is lost.

(7) The Supervisor of Elections shall keep a register in which
he shall record the names and addresses of all persons to whom
special identification cards have been issued.

(8) The Register kept under subsection (7) shall be open to
the public for inspection.

16. (1) Subject to this Act and any enactment imposing any Qualification for
disqualification for registration as an elector, a person is quali- regisbation and
fied to be registered as an elector for a constituency if, on the rlght to vote.

qualifying date he -

(a) is a citizen of Antigua and Barbuda; or

(b) is a Commonwealth citizen (other than a citizen of
Antigua and Barbuda) who has resided in Antigua
and Barbuda for a period of at least three years im-
mediately before the qualifying date; and

(c) is 18 years of age or over; and

(d) has resided in that constituency for a period of at
least one (1) month immediately preceding that quali-
fying date.

(2) A person is not qualified to be registered as an elector for
more than one constituency.

(3) Where a person who is registered as an elector for a con-
stituency has ceased to reside in that constituency he shall not
on that account cease to be qualified to be registered as an elec-
tor for that constituency until he has become qualified to be
registered as an elector for another constituency.

ANTIGUA 12 The Representation of the People No. 170f 2001.
AM) (Amendment) Act 2001.

BARBUDA

(4) For the purposes of this section a person is deemed to
have lived in Antigua and Barbuda for a continuous period of
the time specified in this section.

(5) A person employed at a Mission and members of his fam-
ily who are qualified to register to vote are deemed to be resident
at the address where they resided prior to his assumption of
duties at that Mission.

(6) Subject to subsection (7), in calculating any period of resi-
dence in Antigua and Barbuda -

(a) a period of absence from Antigua and Barbuda for
less than six xqonths;

(b) a period of absence from Antigua and Barbuda for
the purpose of education as certified by the Chief
Education Officer; and

(c) a period of absence fiom Antigua and Barbuda for
reasons of health as certified by the Chief Medical
Officer.

shall be treated as residence in Antigua and Barbuda and a per-
son is deemed to be resident in Antigua and Barbuda before that
day and that day is included in any period of absence referred to
in this subsection.

(7) In calculating for the purpose of this Act any period of
residence in Antigua and Barbuda, account shall not be taken -

(a) of any period during which a person was not law-
fully resident in Antigua and Barbuda;

(b) of any period spent as an inmate in prison or as a
person detained in lawful custody in any place other
than a mental hospital under the provision of any
enactment in force in Antigua and Barbuda.

.

Disqualification 17. A person is disqualified fiom being registered as an elec-
for registration. tor and shall not be so registered if he -

(a) is a person certified to be insane or otherwise ad-
judged to be a person of unsound mind under any
enactment in force in Antigua and Barbuda; or

No. 17 of 2001. The Representation of the People 13 ANTIGUA
(Amendment) Act 2001. AND

BARBUDA

(b) is serving any sentence of imprisonment in Antigua
and Barbuda;

(c) is under a sentence of death imposed on him by a
court in any part of the Commonwealth or under sen-
tence of imprisonment (by whatever name called)
exceeding 12 months imposed on hun by such a court
or under some sentence substituted therefor by a
competent authority and has not suffered the pun-
ishment to which he was sentenced or received a
free pardon therefor; or

(d) is under any enactment, disqualified for registration
as an elector.

18. (1) On the coming into force of this Act, the Governor- Requirement to
General acting on the advice of the Commission shall, by Procla- register.
mation, specify a period within which every person who is quali-
fied under section 16, shall apply in person with supporting
documents as prescribed in the Registration Regulations to the
registration officer for that constituency within that period to be
registered as an elector and to have his name entered in the
register of electors for that constituency. The Commission shall,
at the end of the specified period, cause to be prepared a register
of electors for each constituency. The Con?mission shall, at the
end of the specified period, cause to be prepared a register of
electors for each consituency, thereafter the Commission shall
pursuant to subsection (2) and section 2 1 of the Act publish at
intervals of not more than six months commencing on 3 1 st day
of December, 2002, the register of electors for each constitu-
ency.

(2) There shall be continuous registration of all persons quali-
fied to be registered as electors in each constituency immedi-
ately after the publications of the register of electors, under sub-
section (1). Every person who at any time after the period speci-
fied by the Governor-General under subsection (1) is or becomes
qualified to be registered as an elector for a constituency shall
apply in person with supporting documents as prescribed in the
Registration Regulations to the Commission to be registered as
an elector and have his name entered in the register of electors
for that constituency.

(3) The registration of voters carried out in accordance with
this section shall be subject to the claims and objections proce-

ANTIGUA 14 The Representation of the People No. 17 of 2001.
AND (Amendment) Act 2001.

BARBUDA

dures provided for in section 22 of the Act and the regulations
made thereunder.

(4) Continuous registration shall be conducted in accordance
with the regulations made under this Act.

(5) The register of electors prepared under the existing Act
Cap. 379. (Cap. 379) shall cease to have effect on the date when the Com-

mission publishes the register of electors pursuant to subsec-
tion (1).

Right to remain 19. A person registered in accordance with this Act shall
registered. remain registered unless and until his name is deleted from the

register because -

(a) he has died; or

(b) an objection to his registration has been allowed; or

() he has become disqualified for registration as an elec-
tor under this Act or any other enactment imposing
disqualifications for registration as an elector.

Registration 20. (1) The Commission shall appoint a registration officer
Officers. and such registration clerks as m y be necessary for each con-

stituency.

(2) Every registration officer shall carry out his duties in an
impartial, fair and efficient manner.

(3) Each registration officer shall, so long as he acts in that
capacity, receive such remuneration as may be prescribed.

Registers of 21. (1) Subject to subsection 18 (1) the Commission shall
electors. publish not later than the 30th of June and 3 1 st of December in

each year the register of electors for each constituency.

(2) The Register of Electors to be prepared pursuant to sub-
section (1) shall contain the name, address, occupation, electoral
number of the following persons who are ordinarily resident in
the constituency to which the register relates and qualified un-
der this Act as electors, namely -

(a) a person who, after the period specified by the Gov-
emor-General under section 18 (1) was registered in

No. 17 of 2001. The Representation of the People 15 ANTIGUA
(Amendment) Act 2001. AND

BARBUDA

the Register of Elections published for the constitu-
ency to which the register relates;

(b) a person who was registered in accordance with sec-
tion 18 (2) or in the revised register of electors or the
register for elections published by virtue of section
24 since the date on which the register referred to in
p~ragraph (u) was published.

(3) The register referred to in subsection (2) shall not contain
the name of any person who, is proved to the satisfaction of the
Commission, that since the publication of the register referred to
in paragraphs (a) and (b) of that subsection -

(a) to have died;

(b) to have left Antigua and Barbuda for a period of one
year immediately preceding the date of the last pub-
lication of the register to be no longer ordinarily resi-
dent in that constituency, not being a citizen of
Antigua and Barbuda;

(c) to have become ordinarily resident in another con-
stituency;

(d) to have been absent from Antigua and Barbuda for a
period of ten years continuously, being a citizen of
Antigua and Barbuda.

(4) (a) The Commission shall cause to be prepared and pub-
lish not later than 30th April and 3 1st October in
each year a preliminary list of electors for each con-
stituency in pursuance of the revised register pre-
pared under section 23 (1) and the register of elec-
tors published in accordance with section 21 (1).

(b) Where any person whose name does not appear in
the preliminary register of electors claims to be quali-
fied, he shall make an application to the Chief Regis-
tration Officer and his claim shall be determined in
accordance with the Registration Regulations.

(c) Where any person makes an objection to a name in
the preliminary register he shall make application to

ANTIGUA 16 The Representation of the People No. 170f 2001.
AND (Amendment) Act 2001.

BARBUDA

the Chief Registration Officer to have that name re-
moved from the preliminary register and his objec-
tion shall be determined as if it were an objection
made pursuant to section 22.

(d) The Chief Registration Officer shall make all addi-
tions to the appropriate register and removal there-
from in accordance with the decision of the Cornrnis-
sion.

(5) The Conmission may in the exercise of its functions under
this section give directions to the Chief Registration Officer who
shall comply with these directions.

(6) For the purposes of this section, ordinary residence means
a place where in the settled routine of life a person regularly,
normally or customarily lives.

Claims and 22. (1) All claims for registration made by a person whose
objections. name does not appear in the list of electors, supplementary list of

electors, the revised register of electors or the register for elec-
tions and all objections to the registration of persons whose
names appear in the register of electors, as the case may be, shall
be determined in accordance with regulations made under h s Act
by the appropriate registration officer acting with respect to the
constituency to which the register in question relates.

(2) Any person aggrieved by a decision of the registration
officer may appeal to the Conlnlissio~i n the manner prescribed in
the Registration Regulations and such person may appeal a deci-
sion of the Commission to a judge of the High Court in accor-
dance with the Registration Regulations.

Revised register. 23. (1) The Chief Registration Officer shall make all additions
to the register published undcr section 21 and shall make remov-
als therefrom in consequence of any action taken under section
19 or22.

(2) The revised register shall be a list of electors for each
constituency which shall consist of all persons -

(a) whose names appear on the register for the constitu-
ency who have notified the Chief Registration Of-
ficer of a change of address in accordance with the

No. 17 of 2001. The Representation of the People 17 ANTIGUA
(Amendment) Act 2001. AND

BARBUDA

regulations and appear to be ordinarily resident in
the constituency;

(b) whose names appear in the register for the constitu-
ency who have effected a change of address within
the constituency and have notified the Chief Regis-
tration Officer in accordance with the regulations;

(c) who have reached the age of 18 years and who ap-
pear to the Chief Registration Officer to be otherwise
qualified; and

(d) who otherwise become qualified persons.

(3) The revised register shall be published as soon as practi-
cable after it is completed.

24. (1) The Commission shall, not later than 7 days after the Register for
issuing of the writ for an election for a constituency, publish in
respect of that constituency, a register of electors to be known
as a register for elections.

(2) The register for elections must contain the names of all
persons included in the Register of Electors published pursuant
to section 2land the revised register published pursuant to sec-
tion 23.

25. The register for elections published under section 24 (1) Register for
shall be used for any election held in a constituency to which to be

used for any
that register relates until it is superseded by a later register of elections.
electors prepared and published for that constituency pursuant
to section 2 1 (1) and the later revised register pursuant to section
23.

26. The Commission shall cause identification cards contain- Identification
ing the prescribed matters to be issued in accordance with regu- cards.
lations made under this Act.

27. (1) The register of electors prepared under this Act and ~ f f e c t of register.
the regulations shall for the purposes of this Part be conclusive
on the following questions that is to say -

(a) whether or not any person registered therein was on
the date of publication of the register resident at the
address shown;

ANTIGUA 18 The Representation of the People No. 17 of 2001.
AND (Amendment) Act 2001.

BARBUDA

(b) whether or not that address is in any constituency
or any particular part of that constituency.

(2) A person registered as an elector shall not be excluded
from voting on the ground that he is not a Commonwealth citi-
zen, or is not'l8 years of age or over, or was otherwise subject to
any legal incapacity to vote; but this provision shall not prevent
the rejection of the vote on a scrutiny or affect his liability to any
penalty for voting.

(3) No misnomer or inaccurate description of any person or
place named in the register of electors or in any list, record, nomi-
nation paper, ballot paper, notice or other document required for
the purposes of this Act shall affect the full cperation of the
document with respect to that person or place in any case where
the description of the person or place is such as to be conmonly
understood.

(4) Where anything in connection with the preparation or
publication of any register of electors, revised register of elec-
tors or register for elections under this Part is omitted to be done
or cannot be done at the time required to under this Part or is
done before or after that time or is otherwise irregularly done in
matter or form, the Commission may, by order, at any
time before or after the time within which the thing is required to
be done, extend that time or validate anything so done before or
after the time required or so irregularly done in matter or form.

Registration 28. (1) The registration of electors, the preparation of an elec-
regulations. tors' list and the revision of such list shall be conducted in accor-

dance with the Registration Regulations in the Second Schedule.

(2) The Commission, subject to affirmative resolution of the
House of Representatives, may by regulations amend, or add to
the regulations contained in the Second Schedule and may in
particular make provision -

(a) with respect to the form of the register of electors
and of electors' lists or any special lists or records
required by this Act in connection with the register
or any election;

(b) with respect to the procedure to be followed in the
preparation of the register, the electors' lists and any

No. 17 of 2001. The Representation of the People 19 ANTIGUA
(Amendment) Act 2001. AND

BARBUDA

such special lists or records as aforesaid, and with
respect to the time, place and manner of their publi-
cation; and

(c) generally with respect to any matters incidental to
the provisions of this Act so far as those provisions
relate to the registration of electors.

(3) The said incidental matters shall include the time and man-
ner of preparation and publication and form of, and the making
and determination of claims or objections with respect to, the
corrupt and illegal practices lists.

(4) Without prejudice to the generality of the foregoing sub-
sections, regulations made with respect to the matters therein
mentioned may contain any such provisions as are mentioned in
the Third Schedule.

29. (1) A person is guilty of a corrupt practice if he is found Bribery
guilty by a court of competent jurisdiction of bribery.

(2) A person is guilty of bribery if he, directly or indirectly, by
himself or by any other person on his behalf

(a) gives any money or procures any office to or for any
voter or to or for any other person on behalf of any
voter or to or for any other person in order to induce
any voter to vote or refrain from voting;

(b) corruptly does any such act as aforesaid on account
of any voter having voted or refrained from voting;
or

(c) makes any such gift or procurement as aforesaid to
or for any other person in order to induce that per-
son to procure the return of any person at an elec-
tion or the vote of any voter; or

(d) if upon or in consequence of any such gift or pro-
curement as aforesaid he procures or engages, prom-
ises or endeavours to procure the return of any per-
son at an election or the vote of any person at an
election or the vote of any voter.

ANTIGUA 20 The Representation of the People No. 17 of 2001.
AND (Amendment) Act 2001.

BARBUDA

(3) For the purposes of subsection (2) references to giving
money shall, include references to giving, lending, agreeing to
give or lend, offering, promising, or promising to procure or to
endeavour to procure any office, place or employment.

(4) A person is guilty of bribery if he advances or pays or
causes to be paid any money to or to the use of any other person
with the intent that the money or any part thereof shall be ex-
pended in bribery at an election or knowingly pays or causes to
be paid any money to any person in discharge or payment of any
money wholly or in part expended in bribery at any election.

(5) The foregoing provisions of this section shall not be ex-
tended or be construed to extend to any money paid or agreed to
be paid for or on account of legal expenses incurred in good faith
at or concerning an election.

(6 ) A voter is guilty of bribery if before or during an election
he directly or indirectly by himself or by any other person on his
behalf receives, agrees to or contracts for any money, gift, loan
or valuable consideration, office, place or employment for him-
self or for any other person for voting or agreeing to vote or for
refraining or agreeing to refrain from voting.

(7) A person is guilty of bribery if after an election he 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 to vote or refrain from voting.

(8) In this section, the expression "voter" includes any per-
son who has or claims to have a right to vote either as an elector
or as proxy.

Treating. 29A. (1) A person is guilty of corrupt practice if he is guilty of
treating.

(2) A person shall be guilty of treating if he 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 meat, dnnk,
entertainment or provision to or for any person -

(a) for the purpose of corruptly influencing that person
or any other person to vote or refrain from voting; or

No. 17 of 2001. The Representation of the People 21 ANTIGUA
(Amendment) Act 2001. AND

BARBUDA

(b) on account of that person or any other person hav-
ing voted or refrained from voting, or being about to
Cote or refrain from voting.

(3) Every elector or proxy for an elector who corruptly accepts
or takes any such meat, drink, entertainment or provision shall
also be guilty of treating.

29B. (1) A person shall be guilty of a corrupt practice if he is Undue influence.
guilty of undue influence.

(2) A person shall be guilty of undue influence -

(a) if he directly or indirectly, by hinlself or any other
person on his behalf, makes use of or threatens to
inflict, by himself or by any other person, any tem-
poral or spiritual injury, damage, harm or loss upon
or against any person in order to induce or compel
that person to vote or refrain from voting, or on ac-
count of that person having voted or refrained from
voting; or

(b) if, by abduction, duress or any fraudulent device or
contrivance, he impedes or prevents the free exer-
cise of the franchise of any elector or proxy for an
elector, or thereby compels, induces or prevails upon
an elector or proxy for an elector either to vote or to
refrain from voting.

29C. (1) Any person who at a lawful public meeting to which Disturbances a t
this section applies act, or incites others to act, in a disorderly meetings.

manner for the purpose ofpreventing the transaction of the busi-
ness for which the meeting was called together shall be guilty of
an illegal practice.

(2) This section applies to a political meeting held in any Con-
stituency between the date of the issue of a writ for the return of
a member of the House of Representatives for the constituency
and the date at which a return to the writ is made.

(3) If any police officer reasonably suspects any person of
committing an offence under subsection (1), he may if requested
so to do by the chairman of the meeting require that person to
declare to him immediately his name and address and, if that
person refused or fails so to declare his name and address or

ANTIGUA 22 The Representation of the People No. 17of 2001.
AND (Amendment) Act 2001.

BARBUDA

gives a false name and address he shall be guilty of an offence
and liable on summary conviction to a fine not exceeding two
thousand dollars, and if he refuses or fails so to declare his name
and address or if the police officer reasonably suspects him of
giving a false name and address or if the person continues to
behave in a disorderly manner, tlie police officer may without
warrant arrest him.

False statements 29D. Any person who during an election knowingly pub-
as to withdrawal lishes a false statement of the withdrawal of a candidate at the
of candidates.

election for the purpose of promoting or procuring the election
of another candidate shall be guilty of an illegal practice.

Corrupt withdrwal 29E. Any person who corruptly induces or procures any other
from candidature. person to withdraw from being a candidate at an election, in

consideration of any payment or promise of payment or reward
and any person withdrawing in pursuance of the inducement or
procurement, shall be guilty of an illegal practice.

Premises not to 29F. (1) If a person hires or uses any premises to which this
be used as section applies or any part thereof for a committee room for the
committee
rooms. purpose of promoting or procuring the election of a candidate, or

lets any premises to which this section applies or any part thereof
knowing that it was intended to use them or that part as a com-
mittee room, he shall be guilty of an illegal hiring.

(2) This section applies to any premises -

(a) which are licensed for the sale of any intoxicating
liquor for consumption on or off the premises or on
which refreshment of any kind (whether food or drink)
is ordinarily sold for consumption on the premises;
or

(b) where any intoxicating liquor is supplied to members
of a club, society or association, other than a perma-
nent political club.

Provided that this section shall not apply to the hiring, using,
letting or permitting the use of any part of premises which is
ordinarily let for the purpose of chambers, or offices, or the hold-
ing of public meetings or of arbitrations, if that part has a sepa-
rate entrance and no direct communication with any part of the
premises on which any intoxicating liquor or refreshment is sold
or supplied as aforesaid.

No. 17 of 2001. The Representation of the People 23 ANTIGUA
(Amendment) Act 2001. AND

BARBUDA

29G. (1) No payment or contract for payment shall, for the Payments for
purpose ofpromoting or procuring the election of a candidate at
an election, be made to an elector on account of the exhibition of, elect~on notices.

or the use of any house, land, building or premises for the exhlbi-
tion of, any address, bill or notice, unless it is the ordinary busi-
ness of the elector as an advertisement agent to exhibit for pay-
ment bills and advertisements and the payment or contract is
made in the ordinis~y course of that business.

(2) If any payment or contract for payment is knowingly made
in contravention of this section either before, during or .fter an
election the person making the payment or contract, and, unless
he establishes that he did not know that it was in contravention
of this Act, any person receiving the payment or being a party to
the contract, shall be guilty of an illegal practice.

29H. (1) A person shall not - Name and address
of printer of
election

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

(b) post or cause to be posted any such bill, placard or
poster as specified in subsection (1) (a); or

(c) distribute or cause to be distributed any printed docu-
ment for the said purpose, specified in subsection
(1) (a),

unless the bill, placard, poster or document bears upon the face
thereof the name and address of the printer and publisher.

(2) For the purposes of this section, any process for multiply-
ing copies of a document, other than copying it by hand, shall be
deemed to be printing and the expression "printer" shall be con-
strued accordingly.

(3) A candidate acting in contravention of this section shall
be guilty of an illegal practice and any other person so acting
shall be guilty of an offence and on summary conviction be liable
to a fine not exceeding five thousand dollars.

ANTIGUA
AND

BARBUDA

Prohibition of
paid canvassers.

Providing money
for illegal
purposes.

Corrupt and
illegal practices
list.

Issue of Writ.

24 The Representation of the People No. 17 of 2001.
(Amendment) Act 2001.

291. If a person is, either before, during or after an election for
the purpose of promoting or procuring the election of a candi-
date, engaged or employed or employed for payment or promise
of payment as a canvasser, the person so engaging or employing
him and the person so engaged or employed shall be guilty of
illegal employment.

295. Where a person knowingly provides money for any pay-
ment which is contrary to the provisions of this Act, or for re-
placing any money expended in any such payment or expenses,
except where the payment or the incurring of the expenses may
have been previously allowed in pursuance to section 71 to be
an exception, that person shall be guilty of an illegal payment.

29K. (1) The Commission shall in each year make out a cor-
rupt and illegal practices list containing -

(a) the names and description of persons who though
otherwise qualified to be registered in the register of
electors for each constituency, are not so qualified
by reason of having been convicted of corrupt or
illegal practices; and

(b) a statement of the offence of which each person has
been found guilty.

(2) The Commission shall, at least 14 days before publishing
the register as required by section 21 (I), publish the corrupt
practices list by making a copy available for inspection at the
address as prescribed of each registration officer.

CONDUCT OF ELECTIONS

30. (1) For the purposes of every election the Governor-Gen-
era1 shall issue a writ under the Public Seal addressed to the
returning officer for the constituency for which the election is to
be held. Every such writ shall be forwarded to the Supervisor of
Elections for transmission to the returning officer to whom it is
addressed.

(2) Every writ issued for the purposes of subsection (1) shall
be in Form prescribed by regulation and shall specify the day of
nomination of candidates, the day upon which, if necessary, the
poll shall be taken, being not less than fourteen and not more

No. 17 of 2001. The Representation of the People 25 ANTIGUA
(Amendment) Act 2001. AND

BARBUDA

than twenty-one clear days thereafter, and the day the writ is
returnable to the Governor-General.

(3) On receipt of the writ the returning officer shall endorse
the date of receipt on the writ and shall proceed to hold an elec-
tion in accordance with the election rules.

(4) For the purposes of this section, where the last day of time
allowed for the return of the writ falls on a Sunday or a public
holiday that time shall be extended until the next following day
that is not one of the days mentioned above.

(5) On receipt of the results for each constituency, the Chair-
man of the Commission shall declare the results of the election.

(6) In computing the period of time for the purposes of
subsection (2), Sundays and public holidays shall be in-
cluded.

31. (I) Where at any time between the issue of a writ and the Governor-General
day appointed by the writ for the holding of a poll at any elec- to adjourn polling

day in the event of tion, the Governor-General, after consultation with the Commis- emergency or oc-
sion, is satisfied that it is expedient so to do because of - currence of certain

events.

(a) there being in force a proclamation declaring that a
state of emergency exists;

(b) the likelihood that the registers of electors for any
constituency will not be ready before the day ap-
pointed for the holding of the poll; or

(c) the likelihood that any essential electoral supplies or
materials will not be available in adequate quantities,
upon the day appointed for the holding of the poll,

he may by proclamation adjourn the holding of the poll to some
other day specified in the proclamation not being more than thirty
days after the day specified in the writ.

(2) Any proclamation made under paragraph (b) or (c) of
subsection (1) may be expressed to apply only to such constitu-
encies as are specified in the proclamation, in which case the poll
shall be taken in any constituencies not so specified upon the
day appointed in the writ for the taking of the poll.

ANTIGUA 26 The Representation of the People No. 17of 2001.
AND (Amendment) Act 2001.

BARBUDA

(3) Where any proclamation is made under this section, the
writ for all the constituencies to which such proclamation applies
shall be deemed to have been amended by the substitution for
the day specified in such writ as being the day for the holding of
the poll on the day so specified in the proclamation.

(4) Where a proclamation is made under this section -

(a) before the day which would have been nomination
day if such proclamation had not been made; or

(b) on or after nomination day on the ground set out in
paragraph (b) of section (1);

nomination day shall, subject to subsection (7), be deemed to
have been adjourned to the twenty-third day next before the day
to which the holding of the poll is adjourned by the proclama-
tion.

(5) Where any proclamation is made under this section after
nomination day on a ground other than set out in paragraph (a)
of subsection (I), the adjournment by the proclamation of the
day on which the poll is to be taken shall in no way affect the
validity of any nomination validly made on nomination day and
no other nominatiori shall be made.

(6) Where any proclamation is made under this section after
nomination day on the grounds set out in subsection (1) the
adjournment by such proclamation of the day on which the poll
is to be taken shall in no way affect the validity of the nomination
made before such proclamation and which could validly be made
on the day to which nomination day shall have been deemed to
have been adjourned, and nomination of persons who are not
nominated on the day originally fixed as nomination day may be
made.

(7) Where by virtue of any proclamation made under this sec-
tion nomination shall be deemed to have been adjourned to the
twenty-third day next before the day to which the holding of the
poll is adjourned, then, if such twenty-third day is a Sunday or
public holiday, nomination day shall be deemed to be adjourned
to the first day after such twenty-third day that is not one of the
days mentioned above.

No. 170f 2001. The Representation of the People 27 ANTIGUA
(Amendment) Act 2001. AND

BARBUDA

32. (1) The proceedings at an election shall be conducted in Rules of Election.
accordance with the election rules contained in the First Sched-
ule to this Act.

(2) The Commission subject to affirmative resolution of the
House of Representatives may by regulations amend, or add to
the rules contained in the First Schedule.

(3) It is the general duty of the returning officer to do all such
acts as may be necessary for effectively conducting the election
in the manner provided by rules made under subsection (1).

(4) No election shall be declared invalid because of any act
or omission by the returning officer or any other person in breach
of his official duty in connection with the election or otherwise
of the election rules if it appears to the Court having jurisdiction
to determine the question that the election was so conducted as
to be substantially in accordance with the law as to elections,
and that the act or omission did not affect its result.

33. (1) All persons voting as electors at an election shall do so Place and manner
in person at the polling station allotted to them under rules made voting

elector. under this Act except in so far as this section makes exceptions
for those unable or likely be unable to do so in person at the
polling station for one of the following reasons -

(i) that person's service as a member of the Antigua
and Barbuda Police Force or the Antigua and
Barbuda Defence Force;

(ii) that person is employed as an election officer or poll-
ing agent on the date of the poll for a purpose con-
nected with the elections;

(2) Any person mentioned in paragraph (i) of section (1) may
vote by proxy if he applies to be treated as an absent voter and
furnishes in such manner as may be prescribed by regula-
tions the name and address of some other person within
Antigua and Barbuda whom he wishes to act as proxy to him.

(3) A person who falls within subsection (1) (ii) may vote
by proxy or apply for a transfer in accordance with the elec-
tion rules made under this Act.

ANTIGUA
AND

BARBUDA

Employers to
allow employees
time to vote.

Polling districts
and polling
places.

28 The Representation of the People No. 17of 2001.
(Amendment) Act 2001.

(4) At an election for which a person's application to be treated
as an absent voter is allowed, he shall not be entitled to vote in
person.

(5) Nothing in this section shall be taken as conferring a right
to vote on a person not having the right apart from this section.

34. (1) Every employer shall, on polling day, allow every voter
a period of four consecutive hours for voting and no employer
shall make any deduction from the pay or other remuneration of
any such voter or impose upon or exact from him any penalty by
reason of his absence during such period.

(2) Any employer who, directly or indirectly refuses or by
intimidation, undue influence or in any way, interferes with the
granting to any voter in his employ of such period of voting, as
this section provided, shall be guilty of an offence and on sum-
mary conviction liable to a fine not exceeding three thousand
dollars or to imprisonment not exceeding twelve months.

35. (1) Every constituency shall be divided into polling dis-
tricts and, subject to the provisions of this section, there shall be
a polling place designated for each district.

(2) It shall be the duty of the Commission to divide each con-
stituency into polling districts and to designate the polling places,
and to keep the polling districts and polling places under review,
in accordance with the following rules -

(a) the Commission shall exercise the powers conferred
by this section with a view to giving all electors in
the constituency such reasonable facilities for vot-
ing as are practicable in the circumstances;

(b) each electoral division shall in the absence of spe-
cial circumstances be a separate polling district;

(c) the polling place for any polling district shall be an
area in that district, except where special circum-
stances make it desirable to designate an area wholly
or partly outside the polling district, and shall be
small enough to indicate to electors in different parts
of the polling district how they will be able to reach
the polling station at the polling place;

No. 17 of 2001. The Representation of the People 29 ANTIGUA
(Amendment) Act 2001. AND

BARBUDA

(d) a polling place need not be designated for any poll-
ing district, if the size and other circumstances of the
district are such that the situation of the polling sta-
tions thereat does not materially affect the conve-
nience of the electors or any body of them.

(3) If not less than thlrty electors in a constituency make a
representation +o the Comiission that the powers conferred by
this section have not been exercised so as to meet the reasonable
requirements of the electors in the constituency or any body of
those electors, specifying in what manner the powers have not
been properly exercised, the Commission shall consider the rep-
resentation and may, if the Commission thinks fit, make the nec-
essary alterations.

(4) On the exercise of any power given by this section the
Commission shall publish in the constituency a notice showing
the boundaries of any polling districts or polling places consti-
tuted as a result of the alteration.

(5) Regulations may provide for adapting the register in force
for the time being to any alteration of polling districts, and may
make special provisions for cases where any alteration of polling
districts is made between the publication of any register of elec-
tors and the coming into force of the register prepared under
section 23, but except in cases for which provision is made by
regulations an alteration of polling districts shall not be effective
until the coming into force of the register of elections published
under section 24 (1).

(6) An election shall not be questioned by reason of any non-
compliance with the provisions of this section or any informality
relative to polling districts or polling places.

PART 11

THE ELECL'ION CAMPAIGN

36. (1) The Commission shall, upon the issuing of the writ for Broadcast and
an election, consult with all electronic and print media operating paper

in Antigua and Barbuda to draw up a timetable for - publications.

(a) public education programmes for voters;

ANTIGUA 30 The Representation of the People No. 17 of 2001.
AND (Amendment) Act 2001.

BARBUDA

(b) political broadcast and access to the print media for
political parties and candidates to promote their
views through the electronic media and to have their
messages printed in the newspapers circulating in
Antigua and Barbuda.

(2) The Commission shall, by regulation, make rules -

(a) governing the procedure for the use of the electronic
and print media during election;

(b) requiring owners of electronic and print media to
provide equitable allocation of time and space, in a
non-discriminatory manner to enable political par-
ties and candidates to carry their messages in accor-
dance with guidelines established by the Cornrnis-
sion;

(c) prescribing penalties for failure to comply with the
rules.

(3) The owners and all persons in control of the electronic and
print media shall, during the election, comply with the regula-
tions made under subsection (2).

Right to use 37. (1) Subject to this section, a candidate at an election is
public school entitled, for purposes of holding a public meeting for promoting
rooms for
election meetings.

or procuring the election of a candidate, to the use at all reason-
able times during the period commencing on the day on which
the notice of election is given, and ending on the day preceding
the day of election, of any suitable room in any public school
situated within the constituency for which he is a candidate.

(2) For the purpose of holding election meeting under this
Act, no person shall hire or use any premises -

(a) which are licensed for the sale of any intoxicating
liquor for consumption on or off the premises or on
which refreshment of any lund (whether food or dnnk)
is ordinarily sold for consumption on the premises; or

(b) where any intoxicating liquor is supplied to members
of a club, society or association, other than a perma-
nent political club.

No. 17 of 2001. The Representation of the People 31 ANTIGUA
(Amendment) Act 2001. AND

BARBUDA

38. (1) Not later than seven days after the issue of a writ by Appointment of
the Gcvernor-General under this Act, a person shall be named by agents.

each candidate as the candidate's election agent and the name
and address of the candidate's election agent shall be declared in
writing by the candidate to the Supervisor of Elections.

(2) Every election agent shall have an office to which all no-
tices, claim, b i t s , sun1:nonses and documents may be sent and
the address of the office shall be declared to the Commission
who shall transmit it to the returning officer at the same time as
the appointment of the agent and the name and the office ad-
dress of the agent shall be published in the Gazette.

(3) Any notice, claim, writ or summons delivered at the office
of the election agent and addressed to him, shall be deemed to
have been served on him and every election agent m y in respect
of any matter connected with the election in which he is acting be
used in any court having jurisdiction at the place where his office
is situate.

(4) Where no name and address is given pursuant to subsec-
tion (1) the candidate shall be deemed at the time to have named
himself as election agent and to have revoked any appointment
of another person as his election agent.

(5) Where a person is declared to be an election agent under
subsection (1) he shall thereupon submit to the Commission a
declaration in writing that he has accepted the appointment as
election agent.

(6) Where a person whose name and address have been so
given as those of the candidate's election agent (not being the
candidate himself) dies or the appointment is revoked and a new
appointment is not made on the day of the death or revocation or
on the following day, the candidate is deemed to have appointed
himself fiom the time of the death of the agent or the revocation.

(7) A candidate shall, not later than three days before the
opening of a poll, submit to the Commission, the name of any
person appointed as a polling agent for attending at a polling
station for the purpose of detecting personation and as a count-
ing agent to attend at the counting of votes.

(8) Where after the appointment of a polling agent but before
the opening of the poll, a polling agent becomes incapable of

ANTIGUA 32 The Representation of the People No. 17of 2001.
AND (Amendment) Act 2001.

BARBUDA

carrying out his duties, a new polling agent shall be appointed
and the name of the new polling agent shall thereupon be sub-
mitted to the commission.

Other offences 39. (1) Any person who -
and penalties.

(a) has ceased to be a Commonwealth citizen after at-
taining the age of 18 years and has not subsequently
thereto become a Commonwealth citizen; or

(b) has not attained the age of 18 years; or

(c) does not have any requisite residential qualifications
for inclusion in the register of electors,

and who willfully makes any claim to be included in the register
of elector commits an offence and is liable on summary convic-
tion to a fine not exceeding five hundred dollars or to imprison-
ment not exceeding three months.

(2) A person shall not -

(a) permit or publish or cause to be printed or published,
any bill, placard, or poster having reference to an
election or any printed document distributed for the
purpose of promoting or procuring the election of a
candidate;

(b) post or cause to be posted any such bill, placard or
poster as specified in subsection (2) (a); or

(c) distribute or cause to be distributed any printed docu-
ment for the said purpose, unless the bill, placard,
poster or document bears upon the face thereof the
name and address of the printer and publisher.

(3) A registration officer who willfully or without reasonable
excuse omits to register the name of any person qualified to be
registered or who willfully hstrates any such person from being
so registered is guilty of an offence and, on conviction on indict-
ment, liable to be imprisoned for a termnot exceeding five years.

(4) A registration officer convicted of an offence under the
foregoing provision shall, in addition to the penalty imposed
thereunder, forfeit his right to payment for his services as a reg-

No. 17 of 2001. The Representation of the People 33 ANTIGUA
(Amendment) Act 2001. AND

BARBUDA

istration officer and shall be incapable during as period of five
years from the date of his conviction -

(i) of being qualified as an elector or of voting at
any election;

(ii) of being elected a member of the House of
Representatives.

(5) Any person who being employed in connection with the
preparation of any register -

(i) knowingly falsely certifies any register to be
correct; or

(ii) willfully enters in any register the name of any
person not qualified; or

(iii) willfully omits from any register the name of
any person entitled to be entered therein,

commits an offence and, on conviction, on indictment, liable to
imprisonment for a term of five years and shall forfeit his right to
payment for his services and be incapable during a period of five
years ofbeing qualified as an elector or of voting at any election,.
or of being elected a member of the House of Representatives.

(6) Every election officer who -

(a) makes, in any record, return or other document which
he is required to keep or make, an entry which he
knows or has reasonable cause to believe is false, or
does not believe to be true; or

(b) permits any person whom he knows or has reason-
able 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 pro-

ANTIGUA 34 The Representation of the People No. 17 of 2001.
AND (Amendment) Act 2001.

BARBUDA

vided for blind persons or incapacitated persons, as
the case may be; or

(d) willfully prevents any person from voting at the poll-
ing station at which he knows or has reasonable
.cause to believe such person is entitled to vote; or

(e) willfully rejects or refuses to count any ballot paper
which he knows or has reasonable cause to believe
is validly cast for any candidate; or

&I willfully 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 candi-
date,

(g) wilfully permits any person to vote at the polling
station who he knows or has reasonable cause to
believe is not entitled to vote.

commits an offence and on conviction on indictment, liable to be
imprisoned for a term not exceeding five years.

(7) Any person who directly or indirectly, by himself or by
any other person on his behalf makes use of or threatens to
inflict, by himself or any other person, any tenipiaral or spiritual
injury, damage, harm or loss upon or against any person in order
to induce or compel that person to vote car refrain from voting or
on account of that person having voted or refrained from voting
commits an offence.

(8) Where a person knowingly provides money for any pay-
ment which is contrary to the provisions of this Act, or for re-
placing any money expended in any such payment or expenses,
except where the payment or the incurring of the expenses may
have been previously allowed under this Act that person com-
mits an offence.

(9) A candidate acting in contravention of this section conl-
mits an illegal practice, and any other person so acting commits
an offence and on summary conviction is liable to a fine of three
thousand dollars".

Personation. 40. (1) A person shall be guilty of a corrupt practice if he
commits, or aids, abets, counsels or procures the commission of
the offence of personation.

No. 17 of 2001. The Representation of the People 35 ANTIGUA
(Amendment) Act 2001. AND

BARBUDA

(2) A person shall be deemed to be guilty of personation at an
election if he votes in person as some other person, and whether
that other person is living or dead or is a fictitious person.

(3) For the purposes of this section, a person who has applied
for a ballot paper for the purposes of voting in person or as proxy
for some other person, shall be deemed to have voted.

41. (1) A person shall be guilty of an offence if at an election Tampering
he - nomination

papers, ballot
papers, etc.

(a) unlawfully defaces or destroys a nomination paper;

(b) unlawfully defaces or fraudulently destroys any bal-
lot paper, or the official mark on any ballot paper, or
any declaration of identity;

(c) without due authority supplies any ballot paper to
any person;

(d) unlawfully puts into any ballot box any paper to any
person;

(e) unlawfully takes out of the polling station any ballot
paper;

r'$ without due authority destroys, takes, opens, or
otherwise interferes with any ballot paper then in
use for the purposes of the election; or

(g) fraudulently or without due authority, as the case
may be, attempts to do any of the foregoing acts.

(2) A person shall be guilty of an offence if at an election -

(a) he forges any nomination papers, delivers to the re-
turning officer any nomination paper knowing it to
be forged, or forges or counterfeits any ballot paper
or the official mark on any ballot paper;

(b) he signs any nomination paper as candidate or
proposer knowing any of the statements contained
therein to be false; or

(c) he fraudulently or without due authority, as the case
may be, attempts to do any of the foregoing acts.

ANTIGUA 36 The Represe~~tation of the People No. 17 of 2001.
AND (Amendment) Act 2001.

BARBUDA

(3) A person guilty of an offence under this section shall be
liable, on summary conviction -

(a) every returning officer, a presiding officer or clerk in
attendance at a polling station to imprisonment for
two years;

(b) if he is any other person, to imprisonment for six
months.

Requirement 42. (1) The following persons, that is to say -
secrecy.

(a) every returning officer and every presiding officer or
clerk attending at a polling station; and

(b) every candidate or polling agent so attending,

shall maintain and aid in maintaining the secrecy of voting and
shall not, except for some purpose authorised by law, communi-
cate to any person before the poll is closed any information as
to -

(i) the name of an elector who has or has not
applied for a ballot paper or voted at a polling
station;

(ii) the number on the register of electors of any
elector who has or has not applied for a ballot
paper or voted at a polling station; or

(iii) the official mark.

(2) Every person attending at the counting of the votes shall
maintain and aid in maintaining the secrecy of voting and shall
not -

(a) ascertain or attempt to ascertain at the counting of
the votes the number on the back of any ballot pa-
per;

(b) communicate any information obtained at the count-
ing of the votes as to the candidate for whom any
vote is given on any particular ballot paper.

No. 17 of 2001. The Representation of the People
(Amendment) Act 2001.

37 ANTIGUA
AND

BARBUDA

(3) No person whosoever shall -

(a) interfere with or attempt to interfere with a voter when
recording his vote;

(b) obtain or attempt to obtain in a polling station infor-
mation as to the candidate for whom a voter in that
stztion is about to vote or has voted;

(c) communicate at any time to any person infomation
obtained in a polling station as to the candidate for
whom a voter in that station is about to vote or has
voted, or as to the number on the back of the ballot
paper given to a voter at that station;

(d) directly or indirectly induce a 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
whom he has or has not voted.

(4) No person having undertaken to assist a blind voter to
vote shall communicate any information as to the candidate for
whom that voter intends to vote or has voted, or as to the num-
ber on the back of the ballot paper given for the use of that voter.

(5) If any person acts in contravention of this section he shall
be guilty of an offence and liable on summary conviction to
imprisonment for six months.

43. Section 83 of the principal Act is repealed and the follow- Sections 83 and

ing substituted. 84 repealed and replaced.

Campaign 83. (1) Every political party shall keep an
Financing. account book into which shall be recorded

(a) all monetary and other forms of
contributions received by him dur-
ing an election.

(b) the name and address of any per-
son or entity who contributes any
money or other thing which ex-
ceeds twenty-five thousand dol-
lars.

ANTIGUA 38 The Representation of the People No. 17 of 2001.
AND (Amendment) Act 2001.

BARBUDA

(2) No political party shall accept any mon-
etary or other contribution exceeding five thou-
sand dollars unless it can identify the source
of the money or other contribution to the Com-
mission.

(3) Every political party procuring the elec-
tion of a candidate shall, within six weeks after
the announcement of the results of the elec-
tion, file a report of the contributions made by
individuals and entities to the Commission.

(4) Every political party shall grant to any
officer of the Commission authorised in writ-
ing, access to examine the records and audited
accounts kept by the political party in accor-
dance with this section and, on request, shall
give all such information as may be requested
in relation to all contributions received by or
on behalf of the party.

(5) Every political party shall have its ac-
counts audited within six months after an elec-
tion that it contested.

(6) The Commission shall impose a penalty
of two thousand dollars a day on any party or
organization who fails to comply with this sec-
tion.

Passed the House of Representatives Passed the Senate this 30th day of
this 27th day ofNovember, 2001. November, 2001.

S. Bowen,
Deputy Speaker.

M. Percival,
President.

S. Walker, S. Walker,
CPerk to the House of Representatives. Clerk to the Senate.

Printed at the Government Printing 0ffice;Antigua and Barbuda,
bv Donovan Southwell, Government Printer

-By Authority, 200 1.
1000-12.01 [Price $14.501