Advanced Search

Representation of the People Act


Published: 1975

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Representation of the People (CAP. 379 1

CHAPTER 379

THE REPRESENTATION OF THE
PEOPLE ACT

Arrangement of Sections
Section

Part I

THE FRANCHISE AND ITS EXERCISE

1. Short title.
2. Interpretation.
3. Powers and duties of Supervisor of Elections.
4. Date for registration as an elector.
5. Residence.
6. Registration officers and areas and the register of

electors.
7. Revising officers and areas.
8. Right to vote.
9. Preparation of register.

10. Polling district and polling places.
11. Place and manner of voting as elector.
12. Rules for elections.
13. Returning officer.
14. Discharge of functions of returning officer.
15. Payments by and to returning officer.
16. Effect of registers, etc.
17. Corrupt and illegal practices list.
18. Discharge of registration duties.
19. Regulations for the registration of electors, etc.
20. Payment of expenses of registration.
2 1. Ascertainment of amount of registration expenses.
22. Personation.
23. Other voting offences.
24. Breaches of oficial duty in connection with elections.
25. Tampering with nomination papers, ballot papers, etc.
26. Requirement of secrecy.

LAWS OF ANTIGUA AND BARBUDA

CAP. 379) Representation of the People

27. Intoxicating liquor not to be sold or given on polling day.
28. Employers to allow employees time to vote.

Part I1
L

THE ELECTION CAMPAIGN

29. Use of wireless stations abroad.
30. Broadcasting during election.
3 1. Disturbances at election meetings.
32. False statements as to withdrawal of candidates.
33. Corrupt withdrawal from candidature.
34. Premises not to be used as committee rooms.
35. Payments for exhibition of election notices.
36. Name and address of printer on election publications.
37. Prohibition of paid canvassers.
38. Bands of music, torches, flags and banners.
39. Providing money for illegal purposes.
40. Bribery.
41. Treating.
42. Undue influence.

Part I11

LEGAL PROCEEDINGS

43. Method of questioning election.
44. Presentation and service of election petition.
45. Time for presentation or amendment of election petition.
46. Constitution of election court.
47. Security for costs.
48. Petition at issue.
49. List of petitions.
50. Trial of petition.
51. Witnesses.
52. Conclusion of trial of election petition.
53. Withdrawal of petition.
54. Evidence required for withdrawal of petition.
55. Punishment for corrupt withdrawal.
56. Substitution of a new petitioner.
57. Report on withdrawal.
58. Withdrawal after double return at election.
59. Abatement of petition.
60. Withdrawal and substitution of respondents before trial.
61. Costs of petition.
62. Further provisions as to costs of petition.

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 3

63. Appeals and jurisdiction.
64. Report as to candidate guilty of a corrupt or illegal

practice.
65. Avoidance of election and incapacity of candidate

reported guilty of a corrrupt or illegal practice.
66. Provisions applying to all persons reported personally

guilty of a corrupt or illegal practice.
67. Disciplinary action on report of corrupt practice.
68. Avoidance of election for general corruption etc.
69. Avoidance of election for employing corrupt agent.
70. Votes to be struck off for corrupt or illegal practices.
7 1. Power to except innocent act from being illegal practice,

payment, employment or hiring.
72. Prosecutions for corrupt practices.
73. Prosecutions for illegal practices.
74. Conviction of illegal practice on charge of corrupt prac-

tice, etc.
75. Prosecution of offences disclosed on election petition.
76. Costs in prosecutions of corrupt practices.
77. Incapacities on conviction of corrupt or illegal practice.
78. Illegal payments, employments or hirings.
79. Time limit for prosecutions.
80. Offences by corporations.
81. Evidence by certificate of holding of elections.
82. Provisions as to Director of Public Prosecutions.
83. Power to make orders.
84. Repeals and savings.

FIRST SCHEDULE
Election Rules.

SECOND SCHEDULE
Registration Regulations.

THIRD SCHEDULE
Provisions which may be contained in regu-
lations as to registration etc.

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 5

REPRESENTATION OF T H E PEOPLE

1911975. (31s t October, S.R.0. 4611981.

Part I

THE FRANCHISE AND ITS EXERCISE

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

2 . ( 1 ) In this Act, unless the context otherwise Interpretation.
requires-

' < at an election7' means that period of time beginning
with the issue of the writ of election and ending
with the return of the said writ in accordance with
the provisions of this Act;

"during an election" shall bear the same meaning as
"at an election" for the purpose of this Act;

"dwelling house" includes any part of a house where
that part is occupied separately as a dwelling house;

< < election" means an election of a member or members
to the House of Representatives;

"election court" means in relation to an election
petition, the High Court having jurisdiction by
virtue of the provisions of section 44 of the
Constitution or the provisions of this Act;

"election petition" means a petition presented in
pursuance of Part I11 of this Act;

"election officer" means a registration officer, presiding
officer, poll clerk or other person appointed to
perform duties under this Act;

LAWS OF ANTIGUA AND BARBUDA

CAP. 3 79) Representation of the People

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

"legal incapacity" includes any disqualification imposed
by section 49 of the Constitution, by this Act or
any other Act;

"Election Rules" means the Election Rules in the First
Schedule to this Act;

"Part" means Part of this Act;

' 6 person" does not include any corporation either
aggregate or sole, any company established under
the Companies Act, any corporation established by
statute or any club, society, association or other
body of one or more individuals;

"prescribed" save in Part 111, means prescribed by
regulations made under this Act; and in Part I11
means prescribed by Rules of the Supreme Court;

"registration duties" includes the duties of a registration
officer as such with respect to voting by proxy, with
respect to any corrupt and illegal practices list and
with respect to the lists to the use of which
candidates are entitled under this Act;

L 6 voter" means a person voting at an election and
includes a person voting as proxy; and

"vote" (whether noun or verb) shall be construed
accordingly, except that in the Election Rules any
reference to an elector voting or an elector's vote
shall include a reference to an elector voting by
proxy or an elector's vote given by proxy.

(2) Reference in this Act to any enactment shall, except
insofar as the context otherwise requires, be taken as referring
to that enactment as amended by any other enactment.

(3) Where the returning officer for an election is
required or authorised by this Act to give any public notice,

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 7

he shall do so by advertisements or such other means as he
thinks best calculated to afford information to the voters.

(4) Any person before whom a declaration is authoris-
ed to be made under this Act may take the declaration.

(5) Any power conferred by this Act to make regulations
shall, except where this Act otherwise provides, be a power
exercisable by the Governor-General.

3. The Supervisor of Elections shall- Powers and
duties of

(a) exercise general direction and supervision over :~'$,9' Of
the administrative conduct of elections and enforce on
the part of all election officers fairness, impartiality and
compliance with the provisions of this Act;

(6) 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 by this Act are conferred and imposed upon him.

4. (1) The dates for application for registration as an Dates for
registration as an

elector under section 40 of the Constitution shall be as .lector.
provided for in section 9 (1):

Provided however that in respect of the first registration
of electors under the provisions of this Act the date shall
be the 17th day of November immediately following the
coming into force of this Act and the six days (including
the Sunday) immediately succeeding.

(2) If any part of a register is not published within the
time required by section 6, then until the day following that
on which it is published the corresponding part of the existing
register prepared under the provisions of this Act shall
continue in use; and where any part of the register used at
an election is a part continued in force by this subsection,
this Act shall have effect in relation to the election and the
area to which that part relates as if the dates by reference
to which that part was prepared were the dates for
registration.

LAWS OF ANTIGUA AND BARBUDA

8 C A P . 379) Representation of the People

Residence. 5 . (1) Any question as to a person's residence on the
dates for application for registration shall be determined in
accordance with the general principles applied in deter-
minin3 questions as to a person's residence and, in particular,
regard shall be had to the purpose and other circumstances,
as well as to the fact, of his presence at, or absence from
the address in question.

(2) Without prejudice to the said general principles, a
person's residence in a dwelling house shall not be deemed
to have been interrupted-

(a) by reason of that person's absence in the
performance of any duty arising from or incidental to
any office, service or employment held or undertaken
by him, if he intends to resume actual residence within
six months of giving it up and will not be prevented
by the performance of the duty aforesaid; or

( 6 ) by reason of permission being given for its
furnished occupation by some other person-

(i) if the permission is given in the expectation
that throughout the period for which it is given
the person giving it or his wife or her husband
will be absent for six months or less in the
performance of any such duty as aforesaid; or

(ii) if the first mentioned person intends to resume
actual residence within nine weeks of giving
it up and will not be prevented by the
permission given as aforesaid.

(3) A person who is a patient in any establishment
maintained wholly or mainly for the reception and treatment
of persons suffering from mental illness or mental
defectiveness, or who is detained in legal custody at any place,
shall not by reason thereof be treated for the purposes
aforesaid as resident there.

Registration of Electors
Registration 6. (1) For the registration of electors there shall be
officers and areas
and the register electoral registration officers (in this Act referred to as
of electors. "registration officers").

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 9

(2) There shall be a registration officer for each
constituency, and that officer shall be such person, as the
Governor-General, by notice published in the Gazette,
appoints.

(3) It shall be the duty of every registration officer to
prepare and publish in each year a register of electors for
each constituency or part of a constituency in the area for
which he acts.

(4) The date of the publication of the register shall, sub-
ject to the provisions of this Act, be on or before the 22nd
day of August in each year:

Provided however that in respect of the first publica-
tion under the provisions of this Act the date shall be on
or before the 14th day of January immediately following the
coming into force of this Act.

7. (1) There shall be electoral revision officers (in this z;:;:;ficers
Act referred to as "revising officers").

(2) There shall be a revising officer for each constituency
and that officer shdl be such person as the Governor-General,
by notice published in the Gazette, appoints:

Provided that the Governor-General may, if he deems
it expedient so to do, appoint the same person to be the
revising officer for more than one constituency.

(3) It shall be the duty of each revising officer to hold
a tribunal in each constituency for the purpose of hearing
and determining claims and objections in respect of the
electors list prepared for such constituency by the registration
officer appointed for that constituency.

(4) The tribunal to be held in each constituency shall
be in public and shall be held at such time and in such place
as the Registration Regulations in the Second Schedule, or
any amendments thereinafter made to such Regulations, may
specify.

8. Subject to section 40 (2) of the Constitution, to Right to vote.
any other provisions contained herein, and to any enactment
imposing any disqualification for registration as an elector,

LAWS 01; ANTIGUA AND BARBUDA

10 CAP. 379) Representation of the People

all persons who are registered as electors at elections for which
any register is to be used shall be entitled to vote thereat.

Preparation of
register. gi (1) Subject to the proviso to section 4 (I), with

a view to the preparation of the register, the registration
officer shall-

(a) set up offices in the constituency which shall
be open for persons wishing to apply to be registered
as electors to attend in person between the hours of
6 a.m. and 8 p.m. on the 1st day of July in each year
and during the six days (including the Sunday)
immediately succeeding and shall also have sufficient
inquiry made as to the persons entitled to be registered;
and

( b ) have prepared and published electors lists
showing the persons appearing to him to be entitled to
be registered together with their qualifying addresses.

(2) A person applying to be registered under sub-
section (1) shall apply in the prescribed form and shall be
given the prescribed receipt therefor.

(3) Each revising officer shall hear and determine claims
to have names of persons inserted on the electors list, and
mistakes rectified and objections to the appearance on the
electors list of the names of persons appearing thereon and
such hearings shall be held in public at such time, in such
place and in such manner as may be appointed under
Registration Regulations.

Place and Manner of Voting at Elections
Polling districts
and polling

10. (1) Every constituency shall be divided into
places. polling districts 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 registration officer for
each constituency to make the division 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, that is to say-

( a ) the registration officer shall exercise the powers
conferred by this section with a view to giving all electors

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 1 1

in the constituency such reasonable facilities for voting
as are practicable in the circumstances;

( 6 ) each electoral division shall in the absence of
special circumstances be a separate polling district;

(c) the polling place for any polling district shall
be an area in that district, except where special
circumstances 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;

(d) a polling place need not be designated for any
polling district, if the size and other circumstances of
the district are such that the situation of the polling
stations thereat does not materially affect the convenience
of the electors or any body of them.

(3) If not less than thirty electors in a constituency make
a representation to the Supervisor of Elections 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
Supervisor of Elections shall consider the representation and
may, if he thinks fit,

( a ) direct the registration officer by whom the
powers are exercisable to make any alterations which
the Supervisor of Elections thinks necessary in the
circumstances; and

( 6 ) if the registration officer fails to make those
alterations within a week after the direction is given,
himself make the alterations,

and any alterations made by the Supervisor of Elections under
this subsection shall have effect as if they had been made
by the registration officer.

(4) On the exercise of any power given by this section
the registration officer shall publish in the constituency a
notice showing the boundaries of any polling districts or
polling places constituted as a result of the exercise of the
power, and, unless the power was exercised by the Supervisor

LAWS OF ANTIGUA AND BARBUDA

CAP. 379) Representation of the People

of Elections, shall also send him a report giving the same
information.

(5) Regulations may provide for adapting the register
in fo;ce 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 electors lists and the coming into force of the register
prepared from those lists 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 first register prepared from electors lists published after
the alteration is made.

(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.

Place and
manner of voting

1 . (1) All persons voting as electors at an election
as elector. shall do so in person at the polling station allotted to them

under the Election Rules except in so far as this section makes
exceptions for those unable or likely to 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) the particular circumstances of that person's
employment, on the date of the poll for a
purpose connected with the elections by the
returning officer;

(iii) that a person is unable or likely to be unable
by reason of blindness to vote unaided.

(2) Any of the persons mentioned in paragraphs (i) and
(ii) of subsection (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 regulations the name and address of
some other person within Antigua and Barbuda whom he
wishes to act as proxy for him.

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 13

(3) 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.

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

Conduct of Elections

12. (1) The proceedings at an election shall be Rules for
conducted in accordance with the Election Rules in the First
Schedule.

(2) It shall be the general duty of the returning officer
at an election to do all such acts and things as may be
necessary for effectually conducting the election in manner
provided by the said Election Rules.

(3) No election shall be declared invalid by reason 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 Election Court having cognizance of 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 results.

13. (1) The returning officer for an election shall be Returning
officer.

in each constituency such person as the Governor-General
may by notice in the Gazette appoint.

(2) The execution of the writ for an election shall be
the responsibility of and belong to the returning officer as
such.

(3) No person shall be subject to any incapacity to vote
at an election by reason of his being or acting as returning
officer.

14. (1) The duties of the returning officer for elections Discharge of
functions of

shall be discharged by the registration officer (or the person office,.
authorised to act as registration officer if the registration
officer himself is incapable of acting or there is a vacancy)

LAWS OF ANTIGUA AND BARBUDA

14 CAP. 379) Representation of the People

as acting returning officer if for the time being the returning
officer is for any reason incapable of discharging his duties
as such, or is under any enactment discharged from
persoyally performing the office by virtue of which he is
returning officer.

( 2 ) An acting returning officer, in the discharge of the
duties imposed on him by subsection ( I ) , shall have all
powers, obligations, rights and liabilities of the returning
officer under this Act and this Act shall have effect
accordingly.

( 3 ) An acting returning officer shall have power to
appoint deputies to discharge all or any of the said duties,
but the appointment shall require the approval of the
Supervisor of Elections where the powers of the deputy
extend-

(a ) to matters other than the receipt of nomination
papers and matters connected therewith; or

( b ) to the taking or deciding of objections to
nomination papers.

Payments by and 15. ( 1 ) NO consideration shall be given by or to a
to returning
officer. returning officer for the making out, receipt, delivery or

return of the writ for an election or, subject to the following . - -
provisions of this section, otherwise in connection with the
execution thereof:

Provided that nothing in this subsection shall be taken
as applying to any inclusive salary payable to a returning
officer in respect of the office by virtue of which he becomes
returning officer.

( 2 ) The Supervisor of Elections shall, by notice
published in the Gazette, prescribe a scale of maximum charges
in respect of services rendered and expenses incurred by a
returning officer for the purposes of or in connection with
elections, and may revise the scale as and when he thinks fit.

( 3 ) A returning officer shall be entitled to his reasonable
charges, not exceeding the sums specified in the said scale,
in respect of services and expenses of several kinds so specified

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 15

which have been properly rendered or incurred by him for
the purposes of or in connection with an election.

(4) The amount of any such charges shall be charged
on and paid out of the Consolidated Fund.

( 5 ) The Minister responsible for finance may make
regulations as to the time when and manner and form in
which accounts are to be rendered to him for the purpose
of the payment of a returning officer's charges.

Supplemental Provisions as to Elections

16. (1) The register of electors shall for the purposes ::z;:e;{ etc.
of this Part be conclusive on the following questions-

( a ) whether or not a person registered therein was
on the dates for application for registration resident at
the address shown;

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

(2) The relevant list prepared under this Act for an
election shall, for the purposes of this Part, be conclusive
as to whether or not a person's right to vote at the election
is exercisable by proxy.

(3) No misnomer or inaccurate description of any person
or place named in the register of electors or in any list, record,
proxy paper, nomination paper, ballot paper, notice or other
documents required for the purposes of this Part shall affect
the full operation 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 commonly understood.

17. The registration officer shall in each year make $;;;~iz:~~~
out a corrupt and illegal practices list containing- lists.

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

LAWS OF ANTIGUA AND BARBUDA

16 CAP. 379) Representation of the People

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

Discharge of
registration

18. ( 1 ) A registration officer shall comply with any
duties. general or special directions which may be given by the

Supervisor of Elections with respect to the arrangements to
be made by the registration officer for carrying out his
registration duties.

(2) Any of the duties and powers of a registration officer
may be performed and exercised by any deputy for the time
being approved by the Supervisor of Elections, and the
provisions of this Act shall apply to any such deputy so far
as respects any duties or powers to be performed and
exercised by him as they apply to the registration officer.

(3) Any acts authorised or required to be done by or
with respect to the registration officer may, in the event of
his incapacity to act, or of a vacancy, be done by such person
as the Governor-General may by notice appoint to act in
the event of such incapacity or a vacancy.

Regulations for
the registration

19. ( 1 ) The registration of electors, the preparation
electors, etc. of an electors' list and the revision of such list shall be

conducted in accordance with the Registration Regulations
in the Second Schedule.

(2) The Governor-General may by regulations
published in the Gazette revoke, 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 the electors' lists or any special lists or records
required by this Act in connection with the register or
with any election;

(b) with respect to the procedure to be followed in
the preparation of the register, the electors' lists and
any such special lists or records as aforesaid, and with
respect to the time, place and manner of their
publication; and

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 17

( 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 be taken to include
the time and manner 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 fore-
going subsections, regulations made with respect to the
matters therein mentioned may contain any such provisions
as are mentioned in the Third Schedule.

20. (1) The registration expenses of a registration Payment of
expenses of

officer shall be paid out of the Consolidated Fund. registration.

(2) Any fees or other sums received by the registration
officer in respect of his registration duties, other than sums
paid to that officer in respect of his registration expenses,
shall be accounted for by that officer and paid into the
Consolidated Fund.

21. (1) The registration expenses payable to a Ascertainment of
amount of

registration officer shall include all proper and reasonable registration
charges for his own personal remuneration for performing expenses.
his registration duties and for the remuneration and expenses
of any staff employed by him to enable him to perform them.

(2) The Governor-General may by notice published in
the Gazette specify a scale of registration expenses applicable
to all or any class or classes of those expenses, and may at
any time alter the scale as and when he thinks fit, and any
expenses incurred by a registration officer of a class to which
the scale is applicable-

(a) shall be taken to be properly incurred if they
do not exceed the maximum amount determined by or
in accordance with the scale; and

( b ) shall be taken not to have been properly incur-
red so far as they do exceed that amount, unless the
approval of the Supervisor of Elections is specially given
for the excess.

LAWS OF ANTIGUA AND BARBUDA

18 CAP. 379) Representation of the People

(3) Nothing in subsection ( 2 ) (a) shall be construed as
entitling a registration officer to receive payments in excess
of the expenses actually incurred by him, except his proper
and reasonable charges for his own personal remuneration.

(4) If any question arises whether any expenses incurred
by a registration officer of a class to which no scale framed
under this section is applicable have been properly incurred
or not, that question shall be referred to the Financial
Secretary and his decision thereon shall be final.

Offences
Personation. 22. ( 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.

(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 purpose of voting in person
or as proxy for some other person, shall be deemed to have
voted.

Other voting
offences.

23. (1) A person shall be guilty of an offence if-
(a) he votes in person either as an elector or as

proxy or applies to be treated as an absent voter to vote
by proxy at an election, knowing that he is subject to
a legal incapacity to vote;

( b ) he applies for the appointment of a proxy to
vote for him at an election, knowing that he or the person
to be appointed is subject to a legal incapacity to vote; or

(c) he votes, as proxy, for some other person at
an election, knowing that that person is subject to a legal
incapacity to vote.

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

(a) he votes as elector either-

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 19

(i) more than once in the same constituency at
any election;

(ii) in any constituency or in any electoral area
when there is in force an appointment of a
person to vote as his proxy at the election in
some other constituency or electoral district; or

(iii) in more than one constituency at a general
election;

(b) he votes as elector in person at an election at
which he is entitled to vote by proxy.

(3) A person shall be guilty of an offence if he votes
as a proxy for the same elector either-

(i) more than once in the same constituency at
any election; or

(ii) in more than one constituency in a general
election.

(4) A person shall also be guilty of an offence if he
knowingly induces or procures some other person to do an
act which is, or but for that other person's want of knowledge
would be, an offence by that other person under subsection

(1).

(5) A person shall be guilty of an offence if he votes
in a general election or a by-election as proxy for more than
one person.

(6) For the purposes of this section a person who has
applied for a ballot paper for the purpose of voting in person
or by proxy shall be deemed to have voted.

(7) An offence under this section shall be an illegal
practice:

Provided that-

(a) the court before whom a person is convicted
of any such offence may, if it thinks it just in the special
circumstances of the case, mitigate or entirely remit any
incapacity imposed by virtue of section 66 or 77; and

LAWS OF ANTIGUA AND BARBUDA

20 CAP. 3 79) Representation of the People

( b ) a candidate shall not be liable, nor shall his
election be declared void, for an illegal practice under
this section of any agent of his other than an offence
itnder subsection ( 5 ) .

Breaches of
official duty in

24. (1) If any person to whom this section applies,
connection with or who is for the time being under a duty to discharge as
elections. deputy or otherwise any of the functions of such a person,

is, without reasonable cause, guilty of any act or omission
in breach of his official duty, he shall be guilty of an offence
and liable on summary conviction to a fine of fifteen hundred
dollars.

( 2 ) No person to whom this section applies shall be liable
for breach of his official duty to any penalty at common law
or under any enactment other than sections 2 5 , 26 or 35
(1) hereof nor shall any action for damages lie in respect
of the breach by any such person of his official duty.

( 3 ) The persons to whom this section applies are any
registration officer, revising officer, returning officer,
presiding officer or clerk or assistant employed by such an
officer, in connection with his official duties and the
expression "official duty" shall for the purposes of this section
be construed accordingly, but shall not include duties imposed
otherwise than by the law relating to elections or the
registration of electors.

Tampering with
nomination

25. (1) A person shall be guilty of an offence if at
papers, ballot an election he- - -
papers, etc.

( a ) unlawfully defaces or destroys a nomination
paper;

( b ) unlawfully defaces or fraudulently destroys any
ballot 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;

(6) unlawfully puts into any ballot box any paper
other than the ballot paper which he is authorised by
law to put in;

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 2 1

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

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

&) 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 paper, delivers to the
returning 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.

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

( a ) if he is a returning officer, a presiding officer
or clerk in attendance at a polling station to imprison-
ment for two years;

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

26. (1) The following persons, that is to say- Requirement of
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,
communicate 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;

LAWS OF ANTIGUA AND BARBUDA

2 2 CAP. 379) Representation of the People

(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 paper;

( 6 ) communicate any information obtained at the
counting of the votes as to the candidate for whom any
vote is given on any particular ballot paper.

(3) No person whosoever shall-

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

(6) obtain or attempt to obtain in a polling station
information as to the candidate for whom a voter in
that station is about to vote or has voted;

(c) communicate at any time to any person
information 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 number 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.

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 2 3

27. (1) No intoxicating liquor shall be sold, offered ~ ~ ; ~ ~ ; ~ ; ~ be
for sale, or given away at any premises situate in any sold or given on
constituency in which an election is being held to which a polling

Cap. 249.
licence issued under the Licensing (Intoxicating Liquor) Act,
applies at any time between the opening and closing of the
poll on polling day.

(2) Any person who contravenes the provisions of this
section shall be guilty of an offence and shall be liable on
summary conviction to a fine of three thousand dollars and
to imprisonment for twelve months.

28. (1) Every employer shall, on polling day, allow : ;~~~; l~ ;ees
to every voter in his employ a reasonable period for voting, ,;, to vote.
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
for voting, as in this section provided, shall be guilty of an
offence and on summary conviction liable to a fine of three
thousand dollars and to imprisonment for twelve months.

Part I1

THE ELECTION CAMPAIGN

Propaganda at Elections

29. (1) Any person who either within or without zJi;~,":'F;;.
Antigua and Barbuda with intent to influence persons to give
or refrain from giving their votes at an election, uses, or
aids, abets, counsels or procures the use of, any television
or other wireless transmitting station outside Antigua and
Barbuda for the transmission of any matter having reference
to the election shall be guilty of an offence.

(2) An offence under this section shall be an illegal
practice:

Provided that the court before whom a person is
convicted of an offence under this section may, if it thinks
it just in the special circumstances of the case, mitigate or

LAWS OF ANTIGUA AND BARBUDA

2 4 CAP. 379) Representation of the People

entirely remit any incapacity imposed by virtue of section
66 or 7 7 .

(3) Where any act or omission of an association or body
of persons, corporate or unincorporated is an illegal practice
under this section, any person who at the time of the act
or omission was a director, general manager, secretary or
other similar officer of the association or body, or was
purporting to act in any such capacity, shall be deemed to
be guilty of the illegal practice unless he proves that the act
or omission took place without his consent or connivance
and that he exercised all such diligence to prevent the
commission of the illegal practice as he ought to have
exercised having regard to the nature of his functions in that
capacity and to all the circumstances.

Broadcasting
during Election.

30. (1) Pending an election, it shall not be lawful for
any television or wireless transmitting station to broadcast -
any item for the purpose of promoting or procuring the
election of any candidate or of any political party:

Provided however that this subsection shall not apply-

(i) to any bona fide report of the election
campaign presented in any scheduled news
broadcast which gives fair and equitable
coverage of all election meetings held within
Antigua and Barbuda; or

(ii) to any announcement, not exceeding two
minutes, concerning the intention to hold any
election meeting and which said announcement
contains only the time, date and venue of the
meeting, the names of the persons scheduled
to speak, the party or person on whose behalf
or to further the candidacy of whom the
meeting has been held.

(2) Any person who contravenes the provisions of this
section shall be guilty of an illegal practice and where any
offence under this section committed by a body corporate
is proved to have been committed with the consent or
connivance of or to be attributable to any neglect on the
part of any director, manager, secretary or other officer of
the said body corporate or any person purporting to act in

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 2 5

such capacity, he as well as the body corporate shall be guilty
of an illegal practice and shall be liable to be dealt with
accordingly.

( 3 ) Where it is proved to the satisfaction of the Court
that any item has been broadcast from any television or
wireless transmitting station within Antigua and Barbuda
contrary to the provisions of this section, the Court may order
that the licence or permit issued under the provisions of the
Telecommunications Act be revoked and that any person Cap. 423.
who has been convicted under this section be disqualified
from holding any licence or permit under the Tele-
communications Act for such period, not exceeding five years,
as the Court may determine.

(4) For the purposes of subsection ( 1 ) an election shall
be deemed to be pending during the period ending with the
close of the poll and beginning-

( a ) at a general election, with the date of the
dissolution of Parliament or any earlier time at which
the Governor-General's intention to dissolve Parliament
is announced;

( b ) at a by-election, with the date of the issue of
the writ for the by-election.

3 1. (1) Any person who at a lawful public meeting Disturbances at
election

to which this section applies acts, or incites others to act, ,,,tings.
in a disorderly manner for the purpose of preventing the
transaction of the business 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 constituency 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 ( I ) , 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 refuses or fails so to declare his
name and address or gives a false name and address he shall

LAWS OF ANTIGUA AND BARBUDA

26 CAP. 379) Representation of the People

be guilty of an offence and liable on summary conviction
to a fine of one hundred and fifty 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, the police officer may without warrant arrest him.

False statements
as to withdrawal

32. Any person who during an election knowingly
of candidates. publishes a false statement of the withdrawal of a candidate

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

Corrupt 33. Any person who corruptly induces or procures
withdrawal from
candidature. any other person to withdraw from being a candidate at an

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

Premises not to
be used as

34. (1) If a person hires or uses any premises to which
committee rooms. this section applies or any part thereof for a committee room

for the purpose of promoting or procuring the election of
a candidate; or lets any premises tiwhich this section applies
or any part thereof knowina that it was intended to use them . A -
or that part as a committee 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 permanent 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 holding of public meetings or of arbitrations, if that
part has a separate entrance and no direct communication

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 3 79 27

with any part of the premises on which any intoxicating liquor
or refreshment is sold or supplied as aforesaid.

35. (1) No payment or contract for payment shall, Payments for
exhibition of for the purpose of promoting or procuring the election of elect;,,

a candidate at an election, be made to an elector on account
of the exhibition of, or the use of any house, land, building
or premises for the exhibition of, any address, bill or notice,
unless it is the ordinary business of the elector as an
advertising agent to exhibit for payment bills and
advertisements and the payment or contract is made in the
ordinary course of that business.

(2) If any payment or contract for payment is knowingly
made in contravention of this section either before, during
or after 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 receiv-
ing the payment or being a party to the contract, shall be
guilty of an illegal practice.

36. (1) A person shall not- Name and
address of

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

(6) post or cause to be posted any such bill, placard
or poster as aforesaid; or

(c) distribute or cause to be distributed any printed
document 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.

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

(3) A candidate acting in contravention of this section
shall be guilty of an illegal practice, and any other person

LAWS OF ANTIGUA AND BARBUDA

28 C A P . 379) Representation of the People

so acting shall be guilty of an offence and on summary
conviction be liable to a fine of fifteen hundred dollars.

Prohibition of
paid canvassers. 37. If a person is, either before, during or after an

election, for the purpose of promoting or procuring the
election of a candidate, engaged 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.

Bands of music,
torches, flags and

38. ( I ) No payment or contract for payment shall,
banners. for the purpose of promoting or procuring the election of

a candidate at an election, be made on account of bands
of music, torches, flags or banners.

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

Providing money 39. Where a person knowingly provides money for
for illegal
purposes. any payment which is contrary to the provisions of this Act,

or for replacing 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
of section 7 1 to be an exception, that person shall be guilty
of an illegal payment.

Bribery.

Bribery, Treating and Undue Influence

40. ( 1 ) A person shall be guilty of a corrupt practice
if he is guilty of bribery.

( 2 ) A person shall be 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;

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 29

( 6 ) 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 person in order to induce that person to
procure the return of any person at an election or the
vote of any voter,

or if upon or in consequence of any such gift or procurement
as aforesaid he procures or engages, promises or endeavours
to procure the return of any person at an election or the
vote of any person at an election or the vote of any voter.
For the purposes of this subsection 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.

(3) A person shall be 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 that money or any
part thereof shall be expended in bribery at any election or
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.

(4) The foregoing provisions of this section shall not
extend 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.

(5) A voter shall be 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 himself or for any other person for
voting or agreeing to vote or for refraining or agreeing to
refrain from voting.

(6) A person shall be 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.

LAWS OF ANTIGUA AND BARBUDA

3 0 CAP. 379) Representation of the People

(7) In this section the expression "voter" includes any
person who has or claims to have a right to vote either as
an elector or as proxy.

Treating. 4 1. ( 1 ) A person shall be guilty of a 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, drink, 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

( 6 ) on account of that person or any other person
having voted or refrained from voting, or being about
to vote 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.

Undue influence. 42. ( 1 ) A person shall be guilty of a corrupt practice
if he is guilty of undue influence.

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

(a ) if he, directly or indirectly, by himself or by
any other person on his behalf, makes use of or threatens
to inflict, by himself or by any other person, any
temporal or spiritual injury, damage, harm or loss upon
or against any person in order to induce or compel that
person to vote or refrain from voting, or on account
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
exercise 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.

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 3 1

Part I11

LEGAL PROCEEDINGS

Questioning of an Election

43. (1) No election and no return to the House of Method of
questioning Representatives shall be questioned except by a petition election.

complaining of an undue election or undue return (hereinafter
referred to as an election petition) presented in accordance
with this Part.

(2) A petition complaining of no return shall be deemed
to be an election petition and the High Court may make
such order thereon as it considers expedient for compelling
a return to be made or may allow the petition to be heard
by an election court as provided with respect to ordinary
election petitions.

44. (1) An election petition may be presented by one Presentation and
service of

or more of the following persons- election petition.

(a ) a person who voted as an elector at the election
or who had a right so to vote;

(6) a person claiming to have had a right to be
elected or returned at the election; or

( 6 ) a person alleging himself to have been a
candidate at the election.

(2) The member whose election or return is complained
of is hereinafter referred to as the respondent, but if the
petition complains of the conduct of a returning officer, the
returning officer shall for the purposes of this Part be deemed
to be a respondent.

(3) The petition shall be in such form as may be
Drescribed bv the Rules of the Su~reme Court and shall state
the prescribed matter and be signed by the petitioner or all
the petitioners if more than one, and shall be presented to
the High Court.

(4) The petition shall be presented by delivering it to
the prescribed officer or otherwise dealing with it in the
prescribed manner; and the prescribed officer shall send a
copy of it to the returning officer of the constituency to which

LAWS OF ANTIGUA AND BARBUDA

3 2 CAP. 379) Representation of the People

the petition relates, who shall forthwith publish it in the
constituency.

.,(5) The petition shall be served as nearly as may be
in the manner in which a writ or summons is served or in
such other manner as may be prescribed.

Time for
presentation or

45. (1) Subject to the provisions of this section, an
amendment of election petition shall be presented within 7 days after the
election petition. return has been made in respect of the member to whose

election the petition relates.

(2) If the petition questions the election or return upon
an allegation of corrupt practices and specifically alleges a
payment of money or other reward to have been made by
the member or on his account or with his privity since the
time of the said return in pursuance or in furtherance of
the alleged corrupt practice, it may be presented within 14
days of the payment.

(3) An election petition presented within the time limited
by subsection (1) or (2) may, for the purpose of questioning
the election or return upon an allegation of an illegal practice,
be amended with the leave of the High Court.

(4) Subsection (3) shall apply notwithstanding that the
act constituting the alleged illegal practice amounted to a
corrupt practice.

(5) For the purposes of this section, an allegation that
an election is avoided under section 68 shall be deemed to
be an allegation of corrupt practice, notwithstanding that
the offences alleged are or include offences other than corrupt
practices.

(6) The jurisdiction vested by subsection (3) of Section
44 in the High Court shall, subject to rules of court, be
exercised by a judge sitting either in court or in chambers.

Constitution of
election court.

46. (1) An election petition shall be tried by the High
Court and the judge presiding at the trial of an election
petition is hereinafter referred to as the election court.

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 33

(2) The election court shall, subject to the provisions
of this Act, have the same powers, jurisdiction and authority
as a judge of the High Court.

Procedure on all election petitions

47. (1) At the time of presenting an election petition Security for
costs.

or within three days afterwards the petitioner shall give
security for all costs which may become payable by him to
any witness summoned on his behalf or to any respondent.

(2) The security specified in subsection (1) shall be an
amount of one thousand dollars or such higher amount as
the election court may direct and shall be given in the
prescribed manner by the recognisance entered into by any
number of sureties not exceeding four or by a deposit of
money or partly in one way and partly in the other.

(3) Within five days after the presentation of the
petition, the petitioner shall serve on the respondent a notice
of the presentation of the petition, and of the nature of the
proposed security, and a copy of the petition.

(4) Within five days after service of the notice, the
respondent may object in writing to any recognisance on
the ground that any surety is insufficient or is dead or cannot
be found or ascertained for want of sufficient description in
the recognisance, or that a person named in the recognisance
has not duly acknowledged the recognisance.

(5) An objection to a recognisance shall be decided in
the prescribed manner.

(6) If the objection is allowed, the petitioner may within
five days, remove it by a deposit in the prescribed manner
of such sum of money as will, in the opinion of the court
or officer having cognizance of the matter, make the security
sufficient.

(7) If no security is given as required by this section
or any objection is allowed and not removed as aforesaid,
no further proceedings shall be had on the petition.

LAWS OF ANTIGUA AND BAKBUDA

3 4 C A P . 379) Representation of the People

Petition at issue. 48. On the expiration of the time limited for
objections, or, after objection made, on the objection being
disallowed or removed whichever last happens, the petition
shall b,e at issue.

List of petitions. 49. (1) The prescribed officer shall, as soon as may
be, make out a list of all election petitions at issue presented,
placing them in the order in which they were presented, and
shall keep at his office a copy of the list, open to inspection
in the prescribed manner.

(2) The petitions shall, so far as conveniently may be,
be tried in the order in which they stand in the list.

(3) Where more petitions than one are presented relating
to the same election, all those petitions shall be bracketed
together in the election list and shall be dealt with as one
petition, standing, unless the election court otherwise direct,
in the election list in the place where the last of them would
have stood if it had been the only petition presented.

Trial of petition. 50. (1) An election petition shall be tried in open
court, without a jury, and notice of the time and place of
trial shall be given in the prescribed manner, not less than
seven days before the day of trial.

(2) The election court may in its discretion adjourn the
trial from time to time, but the trial shall so far as is
practicable, consistently with the interests of justice in respect
of the trial, be continued from day to day on every lawful
day until its conclusion.

(3) O n the trial of a petition, unless the court other-
wise directs, any charge of a corrupt practice may be gone
into, and evidence in relation thereto received, before any
proof has been given of agency on behalf of any candidate
in respect of the corrupt practice.

(4) O n the trial of a petition complaining of undue
election and claiming the seat for some other person, the
respondent may give evidence to prove that that other person
was not duly elected, in the same manner as if he had
presented a petition against the election of that other person.

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 3 5

( 5 ) If the petition relates to an election conducted under
the Election Rules and it appears that there is an equality
of votes between anv candidates at the election. and that
the addition of a votd would entitle any of those candidates
to be declared elected, then the court shall forthwith make
an order for the holding of a new election which election
shall be held in accordance, mutatis mutandis, with the
provisions of the Election ~ u l e s relating to an 'election in
which the death of a candidate has occurred after nomination
and before the poll is held.

51. (1) Witnesses shall be summoned and sworn in Witnesses.
the same manner as nearly as circumstances admit as in an
action tried at the assizes.

(2) At the trial, the election court may, by order under
the hand of the judge, require any person who appears to
him to have been concerned in the election to attend as a
witness, and any person refusing to obey the order shall be
guilty of contempt of court.

(3) The election court may examine any person so
required to attend or who is in court although he is not called
and examined by any party to the petition.

(4) A witness may, after his examination by the court,
be cross-examined by or on behalf of the petitioner and
respondent, or either of them.

(5) The Director of Public Prosecutions shall obey any
direction given him by the election court with respect to the
summoning and examination of any witness to give evidence
at the trial.

(6) The Director of Public Prosecutions shall without
any direction from the court cause any person appearing
to him to be able to give material evidence as to the subject
of the trial to attend the trial and shall, with the leave of
the court, examine him as a witness.

(7) A persoil called as a witness respecting an election
before any election court shall not be excused from answering
any question relating to any offence at or connected with
the election, on the ground of privilege:

LAWS OF ANTIGUA AND BARBUDA

3 6 CAP. 379) Representation of the People

Provided that-

(a) a witness who answers truly all questions which
he is required by the election court to answer shall in
thC discretion of the court be eligible to receive a
certificate of indemnity under the hand of the court
stating that the witness has so answered; and

( 6 ) an answer by a person to a question put by
or before any election court shall not, except in the case
of any criminal proceeding for perjury in respect of the
evidence, be in any proceeding, civil or criminal,
admissible in evidence against him.

(8) The giving or refusal to give a certificate of
indemnity to a witness by an election court trying a petition
questioning an election shall be final and conclusive.

(9) Where a person has received a certificate of
indemnity in relation to an election, and any legal proceeding
is at any time instituted against him for any corrupt or illegal
practice committed by him previously to the date of the
certificate at or in relation to the election, or any illegal
payment, employment or hiring or offence under section 36
or section 55 so committed, the court having cognizance of
the case shall on production of the certificate stay the
proceeding, and may in its discretion award to the said person
such costs as he may have been put to in the proceeding.

(10) Nothing in this section shall be deemed to relieve
a person receiving a certificate of indemnity from any
incapacity under this Act or from any proceedings to enforce
that incapacity other than a criminal prosecution.

(1 1) The reasonable expenses incurred by any person
in appearing to give evidence at the trial of an election
petition, according to the scale allowed to witnesses on the
trial of civil actions, may be allowed to him by a certificate
of the election court or of the prescribed officer, and if the
witness was called and examined by virtue of subsection (2)
shall be deemed part of the expenses of providing a court,
but otherwise shall be deemed costs of the petition.

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379

52. (1) At the conclusion of the trial of an election z;y~,"~;t~
petition, the election court shall determine whether the petition.
member whose election or return is complained of, or any
and what other person, was duly returned or elected or
whether the election was void or whether there was an
equality of votes at that election, and shall forthwith certify
in writing the determination to the Speaker, and the deter-
mination so certified shall be final to all intents and purposes.

(2) Where any charge is made in the petition of any
corrupt or illegal practice having been committed at the
election the court shall, in addition to giving a certificate,
and at the same time, make a report to the Speaker as
required by sections 64 and 66 also stating whether corrupt
or illegal practices have, or whether there is reason to believe
that corrupt or illegal practices have, extensively prevailed
at the election.

(3) The election court may at the same time make a
special report to the Speaker as to matters arising in the course
of the trial an account of which in the judgment of the court
ought to be submitted to the House of Representatives.

(4) Every report sent to the Speaker under this section
shall be signed by the judge of the election court.

(5) The House of Representatives, on being informed
by the Speaker of a certificate and any report of an election
court, shall order the certificate and report (if any) to be
entered in the report of the House and shall give the necessary
direction for confirming or altering the return, or for the
issue of a writ for a new election, or for carrying the deter-
mination into execution, as the circumstances may require;
and where the court make a special report, the House of
Representatives may make such order in respect of that report
as they think proper.

53. (1) A petitioner shall not withdraw an election Wi$?;walof
petition without the leave of the election court on special
application.

(2) The application shall not be made until the
prescribed notice of the intention to make it has been given
in the constituency to which the petition relates.

LAWS OF ANTIGUA AND BARBUDA

38 CAP. 379) Representation of the People

(3) Where there are more petitioners than one, the
application shall not be made except with the consent of all
petitioners.

(4f If a petition is withdrawn the petitioner shall be liable
to pay the costs of the respondent.

Evidence
required for

54. (1) Before leave for the withdrawal of an election
withdrawal of petition is granted, there shall be produced affidavits by all
petition. the parties to the petition and their solicitors, but the election

court may on cause shown dispense with the affidavit of any
particular person if it seems to the court on special grounds
to be just so to do.

(2) Each affidavit shall state that, to the best of the
deponent's knowledge and belief, no agreement or terms of
any kind whatsoever has or have been made, and no under-
taking has been entered into, in relation to the withdrawal
of the petition; but if any lawful agreement has been made
with respect to the withdrawal of the petition, the affidavit
shall set forth that agreement and shall make the foregoing
statement subject to what appears from the affidavit.

(3) The affidavit of the applicant shall further state the
ground on which the petition is sought to be withdrawn.

(4) Copies of the said affidavits shall be delivered to
the Director of Public Prosecutions a reasonable time before
the application for the withdrawal is heard, and the court
may hear the Director of Public Prosecutions in opposition
to the allowance of the withdrawal of the petition, and shall
have power to receive the evidence on oath of any person
or persons whose evidence the Director of Public Prosecutions
or his assistant, or other representative, may consider
material.

(5) The jurisdiction vested by subsection (1) in the High
Court in matters relating to elections shall, subject to rules
of court, be exercised by a judge sitting either in court or
at chambers.

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 3 9

55. If any person makes any agreement or terms or Punishment for
enters into any undertaking, in relation to the withdrawal ~ ~ ~ ~ W a l .
of an election petition, and such agreement, terms or under-
taking is or are for the withdrawal of an election petition,
in consideration of any payment or in consideration that the
seat or office shall at any time be vacated, or in consideration
of the withdrawal of any other election petition, or is or are
(whether lawful or unlawful) not mentioned in the aforesaid
affidavits, he shall be liable on conviction on indictment to
imprisonment for twelve months and to a fine of three
thousand dollars.

56. (1) On the hearing of the application for leave Substitution of a
new petitioner. to withdraw, any person who may have been eligible to be

a petitioner in respect of the election may apply to the court
to be substituted as a petitioner, and the court may, if it
thinks fit, substitute him accordingly.

(2) If the proposed withdrawal is in the opinion of the
court the result of any agreement, terms or undertaking
prohibited by the last foregoing section or induced by any
corrupt bargain or consideration, the court may by order
direct that the security given on behalf of the original
petitioner shall remain as security for any costs that may
be incurred by the substituted petitioner, and that, to the
extent of the sum named in the security, the original
petitioner and his sureties shall be liable to pay the costs
of the substituted petition.

(3) If the court does not so direct, then security to the
same amount as would be required in the case of a new
petition, and subject to the like conditions, shall be given
on behalf of the substituted petitioner before he proceeds
with his petition and within the prescribed time after the
order of substitution.

(4) Subject as aforesaid, a substituted petitioner shall,
as nearly as may be, stand in the same position and be subject
to the same liabilities as the original petitioner.

57. (1) In every case of the withdrawal of an election :;~h:,","~,
petition, the court giving leave for the withdrawal shall make
a report to the Speaker as required by subsection (2).

LAWS OF ANTIGUA AND BARBUDA

40 CAP. 3 79) Representation of the People

Withdrawal after
double return at
election.

(2) The report shall state whether in the opinion of the
court the withdrawal of the petition was the result of any
agreement, terms or undertaking or was in consideration
of anyapayment, or in consideration that the seat or office
should at any time be vacated or in consideration of the
withdrawal of any other election petition or for any other
consideration, and, if so, shall state the circumstances
attending the withdrawal.

58. Where-
(a) a petition complains of a double return to a

writ for an election;

( b ) the respondent has given notice to the
prescribed officer that he does not intend to oppose the
petition;

( c ) no party has been admitted under the following
provisions to defend the petition; and

(4 there is no petition complaining of the other
member returned on the double return,

the petitioner may withdraw by notice addressed to the
prescribed officer who upon receipt of the notice shall report
the fact of the withdrawal to the Speaker; and the House
of Representatives shall thereupon give the necessary
direction for amending the double return by striking out the
certificate by which the respondent declining to oppose the
petition was returned, or otherwise as the case may require.

Abatement of
petition.

59. (1) An election petition shall be abated by the
death of a sole petitioner or of the survivor of several
petitioners.

(2) The abatement shall not affect the liability of the
petitioner or any other person to the payment of costs
previously incurred.

(3) On the abatement the prescribed notice thereof shall
be given in the constituency to which the petition relates;
and within the prescribed time after the notice is given, any
person who might have been a petitioner in respect of the
election may apply to the election court or in the prescribed
manner and at the prescribed time and place to be substituted

L4WS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 41

as a petitioner; and the court may, if it thinks fit, substitute
him accordingly.

(4) Security shall be given on behalf of a petitioner so
substituted, as in the case of a new petition.

60. (1) If before the trial of an election petition a W$iP;;";t g d
respondent other than a returning officer gives the prescribed respondents
notice that he does not intend to oppose the petition or dies, befbre trial.
notice thereof shall be given in the constituency to which
the petition relates, and, within the prescribed time after
notice is given, any person who might have been a petitioner
in respect of the election may apply to the election court to
be admitted as a respondent to oppose the petition and shall
be admitted accordingly, except that the number of persons
so admitted shall not exceed three.

(2) A respondent who has given the prescribed notice
that he does not intend to oppose the petition shall not be
allowed to appear or act as a party against the petition in
any proceedings thereon, and he shall not sit or vote in the
House of Representatives until the House of Representatives
has been informed of the report on the petition.

(3) Where a respondent to an election petition has given
the said notice in the prescribed time and manner the election
court shall report that fact to the Speaker.

61. All costs of and incidental to the presentation of costs of petition.
an election petition and the proceedings consequent thereon,
except such as are by this Act otherwise provided for, shall
be defrayed by the parties to the petition in such manner
and in such proportions as the election court may determine;
and in particular any costs which in the opinion of the election
court have been caused by vexatious conduct, unfounded
allegations or unfounded objections on the part either of the
petitioner or of the respondent, and any needless expense
incurred or caused on the part of the petitioner or respondent,
may be ordered to be defrayed by the parties by whom it
has been incurred or caused whether or not they are on the
whole successful.

LAWS OF ANTIGUA AND BARBUDA

42 CAP. 379) Representation of the People

Further provision
as to costs of
petition.

62. (1) If it appears to the court that any person or
persons is or are proved, whether by providing money or
otherwise, to have been extensively engaged in corrupt
practices or to have encouraged or promoted extensive
corrupt practices in reference to the election, the court may,
after giving that person or those persons an opportunity of
being heard by counsel or solicitor and examining and cross-
examining witnesses to show cause why the order should not
be made, order the whole or part of the costs to be paid
by that person, or those persons or any of them, and may
order that if the costs cannot be recovered from one or more
of those persons they shall be paid by some other of those
persons or by either of the parties to the petition.

(2) Where any person appears to the court to have been
guilty of a corrupt or illegal practice the court may, after
giving that person an opportunity of making a statement
to show why the order should not be made, order the whole
or any part of the costs of or incidental to any proceeding
before the court in relation to the said offence or to the said
person to be paid by the said person to such person or persons
as the court may direct.

Appeals and
Jurisdiction.

63. The High Court shall, subject to the provisions
of this Act, have the same powers, jurisdiction and authority
with respect to an election petition and the proceedings
thereon as if the petition were an ordinary action within its
jurisdiction.

Consequences of finding by Election Court
of corrupt o r illegal practice

Report as to 64. (1) The report of an election court under
candidate guilty
of a corrupt or section 52 shall state whether any corrupt or illegal practice
illegal practice. has or has not been proved to have been committed by or

with the knowledge and consent of any candidate at the
election, and the nature of the corrupt or illegal practice.

(2) For the purposes of the next two following sections,
if it is reported that a corrupt practice other than treating
or undue influence was committed with the knowledge and
consent of a candidate, he shall be treated as having been
reported personally guilty of that corrupt practice, and if
it is reported that an illegal practice was committed with the

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 43

knowledge and consent of a candidate at an election, he shall
be treated as having been reported personally guilty of that
illegal practice.

(3) The report shall also state whether any of the
candidates has been guilty by his agents of any corrupt or
illegal practice in reference to the election; but if a candidate
is reported guilty by his agents of treating, undue influence
or any illegal practice, and the court further reports that the
candidate has proved to the court-

(a) that no corrupt or illegal practice was committed
at the election by the candidate or with his knowledge
or consent and the offences mentioned in the report were
committed contrary to the orders and without the
sanction or connivance of the candidate;

(b) that all reasonable means for preventing the
commission of corrupt and illegal practices at the election
were taken by and on behalf of the candidate;

(c) that the offences mentioned in the report were
of a trivial, unimportant and limited character; and

(d) that in all other respects the election was free
from any corrupt or illegal practice on the part of the
candidate and of hls agents,

then the candidate shall not be treated for the purposes of
the next following section as having been reported guilty by
his agents of the offences mentioned in the report.

(4) The provisions of the next two following sections
as to consequences of the report that a candidate was guilty
by his agents of a corrupt or illegal practice shall have effect
subject to the express provisions of this Act relating to
particular acts which are declared to be corrupt or illegal
practices.

65. (1) If a candidate who has been elected is reported g'if~,',:f
by an election court personally guilty or guilty by his agents incapacity of
of any corrupt or illegal practice his election shall be void. :,";,d2eypi,ty of

a corrupt or
(2) A candidate at an election shall also be incapable illega practice.

from the date of the report of being elected to and sitting
in the House of Representatives for the constituency for which

LAWS OF ANTIGUA AND BARBUDA

44 CAP. 379) Representation of the People

the election was held or any constituency which includes the
whole or any part of the area of the first-mentioned
constituency as constituted for the purpose of the election-

.* (a) if reported personally guilty of a corrupt
practice, for five years;

(6) if reported guilty by his agents of a corrupt
practice or personally guilty of an illegal practice, for
three years; or

(c) if reported guilty by his agents of an illegal
practice, during the Parliament for which the election
was held, or for two years, whichever period shall be
the shorter.

Provisions
applying to all

66. (1) The report of the election court under
persons reported section 52 shall state the name of all persons (if any) who
personally guilty have been proved at the trial to have been guilty of any
of a corrupt or
illegal practice. corrupt or illegal practice and whether they have been

furnished with certificates of indemnity, but, in the case of
someone who is not a party to the petition nor a candidate
on behalf of whom the seat or office is claimed by the petition,
the court shall first cause notice to be given to him, and if
he appears in pursuance of the notice, shall give him an
opportunity of being heard by himself and of calling evidence
in his defence to show why he should not be so reported.

(2) The report shall be laid before the Director of Public
Prosecutions with a view to his instituting or directing a
prosecution against such persons as have not received
certificates of indemnity, if the evidence should in his opinion,
be sufficient to support a prosecution.

(3) A candidate or other person reported by an election
court personally guilty of a corrupt practice shall for five
years from the date of the report be incapable-

(a) of being registered as an elector or voting at
any election in Antigua and Barbuda;

(6) of being elected to and sitting in the House of
Representatives; and

(c) of holding any public or judicial office, and,
if already elected to the House of Representatives or

LAWS OF ANTIGUA AND BARBUDA

t Representation of the People (CAP. 379
45

holding such office, shall from the said date vacate the
I seat or office.

[ (4) A candidate or other person reported by an election
I court personally guilty of an illegal practice shall for five years
I from the date of the report be incapable of being registered
i as an elector or voting at any election held for or within the

constituency for which it was held or for or within any
constituency area wholly or partly within the area of the first-
mentioned constituency as constituted for the purpose of the
election.

67. (1) Where a barrister, solicitor or any person who Disciplinary
action on report belongs to any profession the admission to which or practise of

of which is regulated by law is reported by an election court practice.
to have been guilty of any corrupt practice in reference to
an election, whether he had obtained a certificate of indemnity
or not, it shall be the duty of the Director of Public
Prosecutions to bring the matter before the court, tribunal
or professional disciplinary body having power to take
cognizance of any misconduct of the person in his profession;
and the court, tribunal or professional disciplinary body may
deal with him as if the corrupt practice were misconduct by
him in his profession.

(2) If it appears to an election court that a person
holding a licence under the Licensing (Intoxicating Liquor)
Act had knowingly suffered any bribery or treating in
reference to any election to take place upon his licensed
premises-

(a) the court shall, after affording him such rights
as are conferred on those about to be reported under
subsection (1) of section 66 report the fact; and

(6) whether that person has obtained a certificate
of indemnity or not, it shall be the duty of the Director
of Public Prosecutions to bring the report before the
licensing authority from whom or on whose certificate,
that person obtained his licence, and the licensing
authority shall cause the report to be entered in the
proper register of licences.

(3) The entry of the report in the said register shall be
taken into consideration by the licensing authority in

LAWS OF ANTIGUA AND BARBUDA

46 CAP. 379) Representation of the People

determining whether they will or will not grant a renewal
of the licence or certificate of the person reported and may
be a ground, if the authority thinks fit, for refusing the
renewal thereof or for withdrawing such licence.

a

Further provision as to avoidance of
Elections and striking off votes

Avoidance of
election for

68. (1) Where on an election petition it is shown that
general corrupt or illegal practices or illegal payments, employments
corruption, etc. or hiring committed in reference to the election for the

purpose of promoting or procuring the election of any person
thereat have so extensively prevailed that they may be
reasonably supposed to have affected the result, his election,
if he has been elected, shall be void and he shall be incapable
of being elected to fill the vacancy or any of the vacancies
for which the election was held.

(2) An election shall not be liable to be avoided, other-
wise than under this section by reason of general corruption,
bribery, treating or intimidation.

Avoidance of
election for

69. If at an election a candidate personally engages
employing as a canvasser or agent for the conduct or management of
corrupt agent. the election any person whom he knows or has reasonable

grounds for supposing to be subject to an incapacity to vote
at the election by reason of his having been convicted or
reported of any corrupt or illegal practice within the meaning
of this Act, the candidate shall be incapable of being elected
to fill the vacancy or any of the vacancies for which the
election is held.

Votes to be
struck off for

70. (1) Where, on an election petition claiming the
corrupt or illegal seat for any person, a candidate is proved to have been guil-
practices. ty by himself, or by any person on his behalf, of bribery,

treating or undue influence in respect of any person who
voted at the election there shall, on a scrutiny, be struck
off from the number of votes appearing to have been given
to the candidate one vote for every person who voted at the
election and is proved to have been so bribed, treated or
unduly influenced.

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 47

( 2 ) If any person who is guilty of a corrupt or illegal
practice or of illegal payment, employment or hiring at an
election votes at the election, his vote shall be void.

(3) If any person who is subject under any enactment
whether under this Act or otherwise relating to corrupt or
illegal practices to an incapacity to vote at an election votes
at that election, his vote shall be void.

71. (1) An application for relief under this section Power to except
innocent act from

may be made to an election court. being illegal
practice,
payment, ( 2 ) If it is shown to the court by such evidence as to employment or

the court seems sufficient- hiring.

( a ) that any act or omission of any person would
apart from this section by reason of being in
contravention of this Act be an illegal practice, payment,
employment or hiring;

(b) that the act or omission arose from inadvertence
or from accidental miscalculation or from some other
reasonable cause of a like nature and in any case did
not arise from any want of good faith; and

(c) that such notice of the application has been
given in the constituency for which the election was held,
as to the court seems fit, and under the circumstances
it seems to the court to be just that either that or any
other person should not be subject to any of the
consequences under this Act of the act or omission, the
court may make an order allowing the act or omission
to be an exception from the provisions of this Act making
it an illegal practice, payment, employment or hiring
and thereupon no person shall be subject to any of the
consequences under this Act of the said act or omission.

72. (1) A corrupt practice shall be an offence which P r ~ ~ e c u f i o ~ ~ for
c o m p t practices.

shall be punishable on conviction on indictment or on
summary conviction, including conviction under section 75
by an election court.

( 2 ) A person convicted on indictment of a corrupt
practice, other than personation or aiding, abetting,
counselling or procuring the commission of the offence of

LAWS OF ANTIGUA AND BARBUDA

CAP. 379) Representation of the People

Cap. 249.

Prosecutions for
illegal practices.

Conviction of
illegal practice
on charge of
corrupt practice,
etc.

personation, shall be liable to imprisonment for one year
and to a fine of three thousand dollars.

(33 A person who commits the offence of personation
or of aiding, abetting, counselling, procuring the commission
of the offence of personation shall be guilty of an offence
and liable on conviction therefor on indictment to imprison-
ment for two years.

(4) A person shall be liable if summarily convicted of
a corrupt practice-

(a) by a magistrate's court, to a fine of fifteen
hundred dollars and to imprisonment for three months;

( b ) by an election court, to a fine of three thousand
dollars and to imprisonment for six months.

(5) A person charged with personation shall not be
convicted by a court of summary jurisdiction or, save under
section 75, committed for trial except on the evidence of not
less than two credible witnesses.

(6) If it appears to the court by which any person
holding a licence or certificate under the Licensing
(Intoxicating Liquor) Act is convicted of the offence of bribery
or treating that the offence was committed on his licensed
premises, the court shall direct the conviction to be entered
in the proper register of licences, and the entry shall be taken
into consideration by the licensing authority in determining
whether they will or will not grant a renewal of the licence
or certificate and may be a ground, if the authority thinks
fit, for refusing the renewal thereof.

73. An illegal practice shall be an offence which shall
be punishable on summary conviction, including conviction
under section 75 by an election court, to a fine of fifteen
hundred dollars; and on a prosecution for an illegal practice
it shall be sufficient to allege that the person charged was
guilty of an illegal practice.

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

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 49

illegal practice may be found guilty of that offence not-
withstanding that the act constituting the offence amounted
to a corrupt practice.

75. (1) The Director of Public Prosecutions, if it Prosecution of
offences disclosed

appears to him that any person who has not received a el,ct;on
certificate of indemnity has been guilty of a corrupt or illegal petition.
practice, may prosecute that person for that offence before
the election court, or if he thinks it expedient in the interests
of justice, before any other competent court.

(2) Where a person prosecuted before an election court
appears before that court, that court shall proceed to try him
summarily unless the court thinks it expedient in the interests
of justice that he should be tried before some other court:

Provided that in the case of a corrupt practice the court
before proceeding to try him summarily shall give him the
option of being tried by a jury.

(3) The Magistrate's Code of Procedure Act, shall, so Cap. 255.
far as is consistent with the tenor thereof, apply to the
prosecution of an offence summarily before an election court,
in like manner as if it were an offence punishable only on
summary conviction, and accordingly the attendance of any
person may be enforced, the case heard and determined,
and any summary conviction by such court carried into effect
and enforced, and the costs thereof paid, and the record
thereof dealt with under that Act in like manner as if the
court were a magistrate's court.

(4) Where-

( a ) the person prosecuted does not appear before
the Court;

( b ) the court thinks it expedient in the interests of
justice that he should be tried before some other court; or

(c) the person prosecuted elects under sub-
section (2) of this section to be tried by a jury,

and the court is of opinion that the evidence is sufficient
to put that person upon his trial for the offence, the court
shall order that all papers and documents relating to the
offence be delivered to the Director of Public Prosecutions

LAWS OF ANTIGUA AND BARBUDA

50 CAP. 379) Representation of the People

with a view to his instituting proceedings either on indict-
ment or before a magistrate's court as the case may require,
for the offence and thereupon shall proceed as directed by
subsections ( 6 ) , (7), (8) and (9) of this section:

Provided that, except where the accused has elected to
be tried by a jury, a corrupt practice shall not for the purposes
of the following provisions of this section, be deemed to be
an indictable offence if the election court thinks that it should
be prosecuted summarily.

(5) The election court may name the court before whom
the person is to be prosecuted and for all purposes preliminary
to and of and incidental to the prosecution of the offence
shall be deemed to have been committed within the jurisdic-
tion of the court so named.

(6) If the accused is present before the court and the
offence is an indictable offence, the enactments relating to
charges against persons for indictable offences shall, so far
as is consistent with the tenor thereof, apply and the court
shall commit him for trial.

(7) If the accused is present before the court and the
offence is not an indictable offence, the election court shall
order him to be brought before the magistrate's court before
whom he is to be prosecuted or cause him to give bail to
appear before that magistrate's court.

(8) If the accused is not present before the court, the
court shall as circumstances require issue a summons for
his attendance, or a warrant to apprehend him and bring
him before the magistrate's court.

(9) The magistrate's court before whom he attends or
is brought shall-

(a) if the offence is an indictable offence, on proof
only of the summons or warrant and the identity of the
accused, commit him for trial; and

( b ) if the offence is not an indictable offence,
proceed to hear the case or, if the magistrate's court
is not the court before whom he is directed to be
prosecuted, order him to be brought before that court.

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 5 1

76. (1) Where a person is acquitted on any indict- Costs in
prosecutions of

ment brought by a private prosecutor for any corrupt practice practices.
in Antigua and Barbuda, and the person acquitted has not
been committed to or detained in custody or bound by
recognisance to answer the indictment, the court before which
the person acquitted is tried may order the prosecutor to
pay the whole or any part of the costs incurred in or about
the defence, including any proceedings before the magistrate's
court, as taxed by the proper officer of the court.

In this subsection the expression "prosecutor" includes
any person who appears to the court to be a person at whose
instance the prosecution has been instituted or under whose
conduct the prosecution is at any time carried on.

(2) An order under subsection (1) may be enforced by
the person to whom the costs are ordered to be paid in the
same manner as an order for the payment of costs made
by the High Court in civil proceedings, or as a civil debt
in manner provided by the Magistrate's Code of Procedure
Act.

(3) Where a person has been committed for trial and
is not ultimately tried, the court to which he is committed
shall have power to order payment of costs under sub-
section (1) as if the defendant had been tried and acquitted.

(4) Any criminal court in Antigua and Barbuda, before
which a prosecution is instituted on indictment for a corrupt
practice, may, on conviction, order the defendant to pay the
prosecutor's reasonable costs of the prosecution.

(5) Neither the Director of Public Prosecutions nor any
representatives of his shall be deemed to be a private
prosecutor for the purposes of this section.

(6) Subject to the foregoing provisions of this section,
where a prosecution on indictment for a corrupt practice is
instituted in Antigua and Barbuda the costs of the prosecution
shall, so far as they are not paid by the defendant, be paid
in like manner as costs are paid in the case of a criminal
prosecution.

LAWS OF ANTIGUA AND BARBUDA

5 2 CAP. 379) Representation of the People

Incapacities on
conviction of

77. In addition to any punishment as provided by
corrupt or illegal the foregoing provisions-
practice.

(a) a person convicted of a corrupt practice on . -
hdictment or by an election court shall be subject to
the incapacities imposed by subsection (3) of section 66
as if at the date of the conviction he had been reported
personally guilty of that corrupt practice; and

(6) a person convicted of an illegal practice shall
be subject to the incapacities imposed by subsection (4)
of the said section 66 as if at the date of the conviction
he had been reported personally guilty of the illegal
practice.

Illegal payments, employments or hirings

Illegal payments, 78. ( I ) A person guilty of an offence of illegal
employments or
hirings. payment, employment or hiring shall be guilty of an offence

and liable on summary conviction to a fine of fifteen hundred
dollars; and on a prosecution for such an offence it shall be
sufficient to allege that the person charged was guilty of an
illegal payment, employment or hiring as the case may be.

(2) If an offence of illegal payment, employment or
hiring is committed by a candidate personally or with his
knowledge and consent, the candidate shall be guilty of an
illegal practice.

(3) Any person charged with an offence of illegal
payment, employment or hiring may be found guilty of that
offence, notwithstanding that the act constituting the offence
amounted to a corrupt or illegal practice.

General provisions as to prosecutions

Time limit for 79. (1) A proceeding against a person in respect of
prosecutions.

any offence to which this section applies shall be commenced
within one year after the offence was committed, and the
time so limited by this section shall be substituted for any
limitation of time contained in any other Acts.

(2) For the purposes of this section, the issue of a
summons, warrant or other process shall be deemed to be
a commencement of a proceeding.

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 53

(3) This section applies to any corrupt or illegal practice,
any illegal payment, employment or hiring and any offence
under section 36 or section 55.

80. Where any corrupt or illegal practice or any illegal z&z;br.
payment, employment or hiring or any offence under
section 41 is committed by an association or body of persons,
corporate or unincorporate, the members of the association
or body who have taken part in the commission of the offence
shall be liable to any fine or punishment imposed for that
offence by this Act.

8 1. On any prosecution for a corrupt or illegal prac- Evidence by
certificate of tice or for any illegal payment, employment or hiring, the holding of

certificate of the returning officer at an election that the elec- elections.
tion mentioned in the certificate was duly held and that the
person named in the certificate was a candidate at the elec-
tion shall be sufficient evidence of the facts therein stated.

82. (1) Where information is given to the Director Provisions
Director of

of Public Prosecutions that any corrupt or illegal practice Public
has occurred in reference to any election, it shall be his duty Prosecutions-
to make such inquiries or cause to be made inquiries therein
and institute such prosecutions as the circumstances of the
case appear to him to require.

(2) The Director of Public Prosecutions by himself or
by his assistant or by his representative shall attend the trial
of every election petition.

General

83. Any power conferred by the provisions of this Act :;+".to makc
to make an Order shall be exercisable by statutory
instrument, and any such instrument shall be published in
the Gazette.

84. (1) The Constitution and Elections Ordinance Repeals and
savings.

(hereinafter in this section referred to as the repealed
Ordinance), the Legislative Council Standing Orders, the
Supreme Court (Registration of Voters Appeals) Rules, the
Constitution and Elections (Remuneration and Allowances

LAWS OF ANTIGUA AND BARBUDA

54 CAP. 379) Representation of the People

of Officers) Regulations, and the Antigua Constitution and
Elections Regulations, are hereby repealed:

Provided that without prejudice to the provisions of the
Cap. 224. Interpretation Act this subsection shall have effect subject

to the following provisions of this section.

(2) Nothing in this repeal shall affect any Order in
Council, rule, order, replation or other instrument other
than those specified in subsection (1) made or any other thing
whatsoever done under the repealed Ordinance, and every
such instrument or other thing shall continue in force and,
so far as it could have been made or done under this Act
shall have effect as if made or done under the corresponding
provisions of this Act.

(3) Nothing in this repeal shall affect the terms and
conditions on and subject to which any person held office
or served before the commencement of this Act.

(4) Nothing in this repeal shall affect any incapacity
imposed by or subsisting under the repealed Ordinance and
any such incapacity shall for the purposes of this Act be
treated as having been imposed under the corresponding
provision of this Act.

(5) Any document referring to any Act, Ordinance or
enactment repealed by this Act or any provision of the repeal-
ed Ordinance shall be construed as referring to this Act or
the corrresponding enactment in this Act.

(6) Notwithstanding the provisions of subsections (1)
to (5) inclusive, all lists of electors and Registers of Electors
prepared under any of the enactments specified in this section
shall from the date of the coming into force of this Act be
void and of no effect.

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 55

FIRST SCHEDULE

ELECTION RULES

Arrangement of Rules
Rule

Part I

1. Timetable.
2. Computation of Time.

Part I1

3. Issue of writ.
4. Writs under public seal.
5. Notice of election.
6. Nomination of candidates.
7. Subscription of nomination papers.
8. Consent to nomination.
9. Deposit.

10. Place for delivery of nomination papers.
11. Right to attend nomination.
12. Decisions as to validity of nomination papers.
13. Withdrawal of candidates.
14. Publications of nominations.
15. Adjournment of nomination proceedings in case of riot, etc.
16. Method of election.

Part 111

17. Poll to be taken by ballot.
18. The ballot papers.
19. The official mark.
20. Prohibition of disclosure of vote.
21. Use of schools and public rooms.
22. Notice to Poll.
23. Death of candidate.
24. Provision of polling stations.
25. Appointment of presiding officers and clerks.
26. Proxy list.
27. Equipment of polling station.
28. Appointment of polling and counting agents.
29. Declaration of secrecy.
30. Admission to polling station.
31. Keeping of order in station.
32. Sealing of ballot boxes.
33. Questions to be put to voters.

LAWS OF ANTIGUA AND BARBUDA

56 CAP. 379) Representation of the People

34. Challenge of voter.
35. Voting procedure.
36. Ballot papers not to be delivered to elector unless no marks

of black electoral ink appear on elector.
37. hectors to immerse appropriate digit in black electoral ink.
38. Meaning of "appropriate digit", etc. in relation to an elector.
39. Ballot papers not to be delivered to person voting as proxy

for elector unless no marks of red electoral ink appear
on proxy.

40. Proxies to immerse appropriate digit in red electoral ink.
41. Meaning of "appropriate digit", etc. in relation to a proxy.
42. Penaltv for failure of presiding officer to carry out provisions

ok rules 36, 37,' 39 or 40.
43. Non-application of rules 36, 37, 39 and 40, to proxies or

eleitors with no hands; etc.
Votes marked by presiding officer.
Voting by blind persons.
Tendered ballot papers.
Spoilt ballot papers.
Adjournment of poll in case of riot, etc.
Procedure on close of poll.
Attendance at counting of votes.
The count.
Recount.
Rejected ballot papers.
Decisions on ballot papers.
Equality of votes.

Part IV

56. Declaration of result.
57. Return to writ.
58. Record of returns.
59. Return or forfeiture of candidates' deposits

Part V

60. Verification of ballot paper account.
61. Delivery of documents to Supervisor of Elections.
62. Orders for production of documents.
63. Retention and public inspection of documents.
64. Citation.

Appendix to Election Rules

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 57

FIRST SCHEDULE

SECTION 12

ELECTION RULES

Part I

PROVISIONS AS TO TIME

1. The proceedings at the election shall be conducted in
accordance with the following Table.

TIMETABLE

TIME Proceedings.

In the case of a general elec- In the case of a by-election as Issue of writ.
tion, as soon as practicable after soon as practicable after the
the dissolution of Parliament. seat has become vacant.

In the case of a general election or a by-election, not later than
four in the afternoon on the day after that on which the writ is
received by the Returning Officer.

In the case of a general elec- In the case of a by-election, the Delivery of
tion, between the hours of same as in the case of a general ;:F:ation
8 a.m. and 6 p.m. on the fifth election.
day after the date of issue of the
writ.

Within the time for the delivery of nomination papers at the Delivery of
notices of election. withdrawals of
candidatures.

In the case of a general election or a by-election, during the hours The making of
allowed for delivery of nomination papers on the day for the delivery ~ ~ ~ ~ , " ~ ~ ~
thereof and the hour following: papers.

Provided that no objection may be made between 6 p.m. and
7 p.m. of the said day except to a nomination delivered between
5 p.m. and 6 p.m.

In the case of a general election or a by-election, at the close of Publication of
statement of

the time for making objections to nomination papers or as soon persons
thereafter as any objections are disposed of. nominated.

LAWS OF ANTIGUA AND BARBUDA

58 CAP. 379) Rep~esentation of the People

Polling. In the case of a general elec- In the case of a by-election
tion, between the hours of between the hours of 6 a.m.
6 a.m. and 6 p.m. on the ninth and 6 p.m. on the day fixed by
day after the day for delivery the returning officer, which
of no&ination papers. shall not be earlier than the

ninth day after the day for
delivery of nomination papers.

Computation of 2. (1) In computing any period of time for the purpose
time. of the Timetable, a Sunday or Public Holiday shall be disregarded,

and any such day shall not be treated as a day for the purpose
of any proceedings up to the completion of the Poll.

Cap. 354.

Issue of writ.

(2) In this rule the expression "public holiday" means a
holiday appointed as such by the Public Holidays Act or any
proclamation made thereunder.

Part I1

STAGES COMMON TO CONTESTED AND
UNCONTESTED ELECTIONS

3. (1) The Supervisor of Elections may, by Order-
(a) specify the manner in which writs which shall be in

Form 1 in the Appendix hereto, are to be conveyed, and
make different provisions for different classes of writs; and

( b ) provide for the giving of receipts for writs by persons
to whom they are delivered or who may receive them in the
course of their conveyance.

(2) Delivery of the writ to a person for the time being
authorised by law to act as deputy for the officer who by virtue
of his office is returning officer shall be as good as delivery to
the returning officer.

(3) An Order under this rule may require a returning officer
to furnish an address to which writs are to be conveyed and any
change of that address, and may provide for recording addresses
so furnished, and delivery of a writ to a person found in, and
for the time being in charge of, a place so recorded as the office
of a returning officer shall be as good as a delivery to that returning
officer.

(4) The person to whom the writ is delivered shall endorse
the date of receipt on the writ.

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 59

(5) An Order under this rule may provide for any incidental
or supplementary matters and may revoke or vary an Order
previously made.

4. (1) For the purpose of every general election of members writs under
to the House of Representatives and for the purpose of the election pu

b
l
ic

seal'

of members to supply vacancies caused by death, resignation or
otherwise, the Governor-General shall issue writs under the Public
Seal addressed to the return in^ officers of the res~ective "
constituencies, by the title of his office as returning officer and
not by his name, for which members are to be returned. Such
writs shall be forwarded to the Supervisor of Elections for
transmission to the several returning officers.

(2) Every such writ shall specify the day and place of
nomination of candidates, the day on which, if necessary, the poll
shall be taken, and the day on which such writ shall be returnable
to the Governor-General.

(3) Upon receipt of such writ every returning officer shall
proceed to hold the election in the manner hereinafter provided.

5 . The returning officer shall publish notice of the election, Notice of
election.

in Form 2 in the Appendix hereto stating-

(a) the place and times at which nomination papers are
to be delivered; and

(b) the date of the poll in the event of a contest;
and the notice shall state that forms of nomination paper as set
out in the Appendix may be obtained at the place and time
aforesaid.

6. (1) Each candidate shall be nominated by a separate Nomination of
nomination paper, in Form 3 in the Appendix hereto, delivered candidates'
by the candidate himself, or his proposer or seconder, to the
returning officer at the place fixed for the purpose.

(2) The nomination paper shall state the full names, place
of residence and description of the candidate and the surname
shall be placed first in the list of names.

(3) The description shall not exceed six words in length, and
need not refer to his rank, profession or calling so long as, with
the other particulars of the candidate, it is sufficient to identify him.

7. (1) The nomination paper shall be subscribed by two Subscription of
electors as proposer and seconder, and by eight other electors. ~ ~ t i O n

LAWS OF ANTIGUA AND BARBUDA

CAP. 379) Representation of the People

(2) Where a nomination paper bears the signatures of more
than the required number of persons as proposing, seconding or
assenting to the nomination of a candidate, the signature or
signttures (up to the required number) appearing first on the paper
in each category shall be taken into account to the exclusion of
any others in that category.

(3) The nomination paper shall give the electoral number
of each person subscribing it.

(4) The returning officer shall supply any elector with a form
of nomination paper at the place and during the time for delivery
of nomination papers and shall, at the request of any elector,
prepare a nomination paper for signature; but it shall not be
necessary for a nomination to be on a form supplied by the
returning officer.

(5) No person shall subscribe more than one nomination paper
at the same election and if he does, his signature shall be inoperative
on any paper other than the one first delivered:

Provided that a person shall not be prevented from subscrib-
ing a nomination paper by reason only of his having subscribed
that of a candidate who has died or withdrawn before delivery
of the first mentioned paper.

(6) In this rule-

the expression "elector" means a person who is registered as an
elector in the constituency in the register to be used at the election
or who, pending the publication of that register, appears from
the electors list therefor as corrected by the registration officer
to be entitled to be so registered. The expression "electoral
number" means a person's number in the said register or, pen-
ding the publication of the register, his number (if any) in the
electors lists therefor.

Consent to 8. A person shall not be validly nominated unless his consent
nomination. to nomination, given in writing, in Form 4 in the Appendix hereto,

on the day fixed as the day for the delivery of nomination papers
and attested by one witness, is delivered at the place and within
the time for the delivery of nomination papers.

Deposit. 9. A person shall not be validly nominated unless the sum
of five hundred dollars in legal tender is deposited by him or on
his behalf with the returning officer at the place and during the
time for delivery of nomination papers.

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 6 1

10. The returning officer shall fix the place within the Place for delivery
constituency at which nomination papers are to be delivered to $p","r:ination
him, and shall attend there during the time for the delivery thereof
and for the making of objections thereto.

11. ( 1 ) Except for the purpose of delivering a nomination Right to attend
paper or of assisting the returning officer, no person shall be entitled
to attend the proceedings during the time for the delivery of
nomination papers or making objections thereto unless he is a
person standing nominated as a candidate or is a proposer or
seconder of such a person.

(2) Where a person stands nominated by more than one
nomination paper, only the persons subscribing, as proposer and
seconder, such one of those papers as he may select or, in default
of any such selection, that one of those papers which is first
delivered, shall be entitled to attend as his proposer and seconder.

( 3 ) The right to attend conferred by this rule shall include
the right to inspect, and to object to the validity of, any nomination
paper.

12. ( 1 ) Where a nomination paper and the candidate's Decisions as to
consent thereto are delivered and a deposit is made in accordance ~ ~ ~ d i ~ ~ t ; " , f ,
with the rules, the candidate shall be deemed to stand nominated papers.
unless proof is given to the satisfaction of the returning officer
of the candidate's death, or the candidate withdraws.

(2) The returning officer shall be entitled to hold a nomination
paper invalid only on one of the following grounds, that is to say-

(a) that the particulars of the candidate or the persons
subscribing the paper are not as required by law; and

(6) that the paper is not subscribed as so required.

( 3 ) The returning officer shall give his decision on any
objection to a nomination paper as soon as practicable and in any
event not later than one hour after it is made.

(4) Where he decides that a nomination paper is invalid, he
shall forthwith endorse and sign on the paper the fact and the
reasons for his decision.

(5) The decision of the returning officer that a nomination
paper is valid shall not be questioned in any proceeding what-
soever, other than by an election petition.

LAWS OF ANTIGUA AND BARBUDA

62 CAP. 379) Representation of the People

Withdrawal of 13. (1) A candidate may withdraw his candidature by
candidates. notice of withdrawal signed by him and attested by one witness

and delivered to the returning officer at the place for delivery of
nomination papers.

.1

(2) In the case of a candidate who is outside Antigua and
Barbuda, a notice of withdrawal signed by his proposer and
accompanied by a written declaration also so signed of the
candidate's absence from Antigua and Barbuda shall be of the
same effect as a notice of withdrawal signed by the candidate:

Provided that where the candidate stands nominated by more
than one nomination paper a notice of withdrawal under this
paragraph shall be effective if, but only if,

(a) it and the accompanying declaration are signed by
all the proposers except any who is, and is stated in the said
declaration to be, outside Antigua and Barbuda; or

(b) it is accompanied, in addition to the said declaration,
by a written statement signed by the candidate that the
proposer giving the notice is authorised to do so on the
candidate's behalf during his absence from Antigua and
Barbuda.

Publications of 14. (1) The returning officer shall prepare and publish a
nominations. statement showing the persons who have been and stand nominated

and any other persons who have been nominated, with the reason
why they no longer stand nominated.

(2) The statement shall show the names, addresses, and
descriptions of the persons nominated as given in their nomination
papers, together with the names of the persons subscribing those
papers.

(3) The statement shall show the persons standing nominated
arranged alphabetically in the order of their surnames, and, if
there are two or more of them with the same surname, of their
other names.

(4) In the case of a person nominated by more than one
nomination paper, the returning officer shall take the particulars
required by the foregoing provisions of this rule from such one
of the papers as the candidate, or the returning officer in default
of the candidate, may select.

Adjournment of 15. Where the proceedings for or in connection with
nomination
proceedings in nomination are on any day interrupted or obstructed by riot or
case of riot, etc. open violencce or by the occurrence of any earthquake, hurricane,

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 63

flood, fire, out-break of pestilence or other calamity the proceedings
shall be abandoned for that day, and the proceedings shall be
continued on the next day as if that were the day for the delivery
thereof, (subject however to any further application of this rule
in the event of interruption or obstruction on that day):

Provided that where proceedings are abandoned by virtue
of this rule nothing may be done after they are continued, if the
time for doing it had passed at the time of the abandonment, nor
shall anything done before the abandonment be invalidated by
reason thereof.

16. (1) If the statement of persons nominated shows more Method of
than one person standing nominated, a poll shall be taken in
accordance with Part I11 of these rules.

(2) If the statement of persons nominated shows only one
person standing nominated, that person shall be declared to be
elected in accordance with Part IV of these rules.

Part I11

CONTESTED ELECTIONS

17. The votes at the poll shall be given by ballot, the result Poll to be taken
by ballot. shall be ascertained by counting the votes given to each candidate

and the candidate to whom the majority of votes have been given
shall be declared to have been elected.

18. (1) The ballot of every voter shall consist of a ballot The ballot
paper, and the persons shown in the statement of persons papers'
nominated as standing nominated, and no other shall be entitled
to have their names inserted in the ballot paper.

(2) Every ballot paper shall be in Form 5 in the Appendix
hereto, and shall be printed in accordance with the directions
therein, and

(a) shall contain the names and other particulars of the
candidates as shown in the statement of persons nominated;

(6) shall be capable of being folded up;

(c ) shall have a number printed on the back; and

(6) shall have attached a counterfoil with the same
number printed on the face.

(3) The order of the names in the ballot paper shall be the
same as in the statement of persons nominated.

LAWS OF ANTIGUA AND BARBUDA

The official
mark.

Prohibition of
disclosure of
vote.

Use of schools
and public
moms.

Notice of Poll.

Death of
candidate.

CAP. 379) Representation of the People

19. (1) Every ballot paper shall be marked with an official
mark, which shall be either embossed or perforated.

*(2) The official mark shall be kept secret, and an interval
of not less than seven years shall intervene between the use of
the same official mark at elections for the same constituency.

20. No person who has voted at the election shall, in any
legal proceeding to question the election or return, be required
to state for whom he voted.

2 1. (1) The returning officer may use, free of charge, for
the purpose of taking the poll-

(a) a room in a government school; and

(b) a room, the expense of maintaining which is payable
out of the Consolidated Fund.

(2) The returning officer shall make good any damage done
to, and defray any expense incurred by the persons having control
over, any such room as aforesaid by reason of its being used for
the purpose of taking the poll.

Action to be Taken Before the Poll

22. (1) The returning officer shall in the statement of
persons nominated include a notice of the poll stating the day on
which and hours during which the poll will be taken.

(2) The returning officer shall also give public notice (which
may be combined with the statement of persons nominated) of
the situation of each polling station and the description of voters
entitled to vote thereat and of the mode in which voters are to vote.

23. (1) If after the publication of the statement of persons
nominated and before the poll is commenced proof is given to
the satisfaction of the returning officer of the death of one of the
persons shown as standing nominated, the returning officer shall
countermand notice of the poll, and all proceedings with reference
to the election shall be commenced afresh in all respects as if the
writ had been received on the day on which proof was given to
the returning officer of the death:

Provided that no fresh nomination shall be necessary in the
case of a person shown in the statement as standing nominated.

(2) Where by reason of the death of a candidate proceedings
at an election are commenced afresh under this rule, then in the
case of a general election, as in the case of a by-election, the time

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 6 5

for delivery of nomination papers and the time for polling shall
be determined in accordance with the third column in the Timetable
specified in rule 1 with the modification required by the forego-
ing sub-rule of any reference to the date on which the writ is
received.

(3) Where the poll is abandoned by reason of the death of
a candidate, the proceedings at or consequent on that poll shall
be interrupted, and the presiding officer at any polling station
shall take the like steps (so far as not already taken) for the delivery
to the returning officer of ballot boxes and of ballot papers and
other documents as he is required to take on the close of the poll
in due course, and the returning officer shall dispose of ballot papers
and other documents in his possession as he is required to do on
the completion in due course of the counting of the votes; but-

(a) it shall not be necessary for any ballot paper account
to be prepared or verified; and

(6) the returning officer, without taking any step or
further step for the counting of the ballot papers, or of the
votes, shall seal up all the ballot papers, whether the votes
on them have been counted or not, and it shall not be
necessary to seal up counted and rejected ballot papers in
separate packets.

(4) The provisions as to the inspection, production, retention
and destruction of ballot papers and other documents relating to
a poll at an election shall apply to any such documents relating
to a poll abandoned by reason of the death of a candidate, with
the following modifications-

(a) ballot papers on which the votes were neither counted
nor rejected shall be treated as counted ballot papers; and

(b) no order shall be made for the production or
inspection of any ballot paper or for the opening of a sealed
packet of counterfoils or certificates as to employment on duty
on the day of the poll unless the order is made by a court
with reference to a prosecution.

24. (1) The returning officer shall provide a sufficient Prayision qf
number of polling stations and, subject to the following provisions pO1l'ng stat'ons.
of this rule, shall allot the electors to the polling stations in such
manner as he thinks most convenient.

(2) One or more polling stations may be provided in the same
building.

LAWS OF ANTIGUA AND BARBUDA

66 CAP. 379) Representation of the People

(3) The polling station allotted to electors from any polling
district shall be in the polling place for that district.

(4) The returning officer shall provide each polling station
with such number of compartments as may be necessary in which
the voters can mark their votes screened from observation.

Appointment of 25. (1) The returning officer shall appoint and pay a
presiding officers
and clerks. presiding officer to attend at each polling station and such clerks

as may be necessary for the purpose of the election, but he shall
not appoint any person who has been employed by or on behalf
of a candidate in or about the election.

(2) The returning officer may, if he thinks fit, preside at a
polling station and the provisions of these rules relating to a
presiding officer shall apply to a returning officer so presiding with
the necessary modifications as to things to be done by the returning
officer or by the presiding officer to the returning officer.

(3) The clerks appointed to assist the presiding officer may
do any act, including the asking of questions, which the presiding
officer is required or authorised by these rules to do at a polling
station except order the arrest, exclusion or removal of any person
from the polling station.

proxy list. 26. (1) The returning officer shall as soon as practicable,
and in any case not later than three days before any polling day,
prepare a list of proxies giving-

(i) the names and numbers on the register of the electors
for whom proxies have been appointed; and

(ii) the names and addresses of the persons appointed,
and shall also place against the name of any elector on
the register of electors on behalf of whom a proxy has
been appointed to vote the letter "p" in any copy of
the register or part thereof provided for a polling station.

(2) Such list of proxies shall be used only for the purposes
of the election next following the reparation of the list.

Equipment of 27. (1) The returning officer shall provide each presiding
polling station. officer with such number of ballot boxes and ballot papers as in

the opinion of the returning officer may be necessary.

(2) Every ballot box shall be so constructed that the ballot
papers can be put therein, but cannot be withdrawn therefrom,
without the box being unlocked.

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 6 7

(3) The returning officer shall provide each polling station
with-

(a) materials to enable voters to mark the ballot papers;

(b) instruments for stamping thereon the official mark;

(c) copies of the register of electors or such part thereof
as contains the names of the electors allotted to the station;

(d) the parts of any list of proxies prepared for the election
corresponding to the register of electors or part thereof
provided under the last foregoing sub-paragraph;

( e ) a blank poll book which shall be in Form 6 in the
Appendix hereto;

Cf) a copy of the Act and these rules;

(g) a sufficient supply of black and red electoral ink; and

(h) such other things as may be necessary for conducting
the election in the manner directed by the Act and these rules.

(4) A notice in Form 7 in the Appendix hereto, giving
directions for the guidance of the voters in voting, shall be printed
in conspicuous characters and exhibited inside and outside every
polling station.

(5) In every compartment of every polling station there shall
be exhibited a notice as follows-

"The voter may vote for not more than one candidate."

28. (1) Each candidate may. before the commencement Appointment of
\ , , ,

of the poll, appoint polling agents to attend at polling stations ~ ~ ~ ~ ~ ~ ~ e n t s .
for the purpose of detecting personation and counting agents to
attend at the counting of the votes:

Provided that the returning officer may limit the number of
counting agents, so however that the number shall be the same
in the case of each candidate and the number allowed to a candidate
shall not (except in special circumstances) be less than the number
obtained by dividing the number of clerks employed on the counting
by the number of candidates.

(2) Notice in writing of the appointment, stating the names
and addresses of the persons appointed, shall be given by the
candidate to the returning officer and, in the case of counting
agents, shall be so given not later than the second day, computed
like any period of time in the Timetable in rule 1, before the day
of the poll.

LAWS OF ANTlGUA AND BARBUDA

68 CAP. 3 79) Representation of the People

(3) If an agent dies, or becomes incapable of acting, the
candidate may appoint another agent in his place, and shall
forthwith give to the returning officer notice in writing of the name
and address of the agent appointed.

(4) In the following provisions of these rules references to
polling and counting agents shall be taken as references to agents
whose appointments have been duly made and notified and, where
the number of agents is restricted, who are within the permitted
number.

(5) Any notice required to be given to a counting agent by
the returning officer may be delivered at or sent by post to the
address stated in the notice of appointment.

(6) A candidate may himself do any act or thing which any
polling or counting agent of his, if appointed, would have been
authorised to do.

(7) Where by these rules any act or thing is required or
authorised to be done in the presence of the polling or counting
agents, the non-attendance of any agents or agent at the time and
place appointed for the purpose, shall not, if the act or thing is
otherwise duly done, invalidate the act or thing done.

Declaration of 29. (1) Before the opening of the poll a declaration of
secrecy. secrecy in the form in subrule (4) hereof, or in a form as near

thereto as circumstances admit, shall be made by-

(a) the returning oficer and the presiding officers;

(6) every officer or clerk authorised to attend at a polling
station or the counting of the votes;

(c) every candidate attending at a polling station or at
the counting of the votes;

(d) every candidate's wife or husband attending at the
counting of the votes;

(e) every person permitted by the returning officer to
attend within the designated restricted area at the counting
of the votes though not entitled to do so.

(2) Notwithstanding anything in subrule (1) hereof, the
following persons attending at the counting of the votes, that is
to say,

(a) any candidate;

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 69

(b) any candidate's wife, or husband attending by virtue
of the rule authorising candidates'wives or husbands to attend
as such;

(c) any person permitted by the returning officer to
attend, though not entitled to do so; and

(d) any clerk making the declaration in order to attend
at the counting of the votes,

need not make the declaration before the opening of the poll but
shall make it before he or she is permitted to attend the counting,
and a polling or counting agent appointed after the opening of
the poll shall make the declaration before acting as such agent.

(3) The returning officer shall make the declaration in the
presence of a magistrate, and any other person shall make the
declaration in the presence either of a magistrate or of the returning
officer, and subsections (I) , (2), (3) and (5) of section 26 shall
be read to the declarant by the person taking the declaration or
shall be read by the declarant in the presence of that person.

(4) The declaration shall be as follows- "I solemnly promise
and declare that I will not do anything forbidden by subsections
(I), (2), (3) and (5) of section 2 6 of the Representation of the
People Act which have been read to/by me."

30. (1) The presiding officer shall regulate the number of Admission to
voters to be admitted to the polling station at the same time, and station'

shall exclude all other persons except-

(a) the candidates;

( b ) the polling agents appointed to attend at the polling
station;

(c) the clerks appointed to attend at the polling station;

(d) the police officers or members of the Antigua and
Barbuda Defence Force on duty; and

( e ) the companions of blind voters

(2) Not more than one polling agent shall be admitted at the
same time to a polling station on behalf of the same candidate.

3 1. (1) It shall be the duty of the presiding officer to keep P e p i n g of order
In station.

order at his polling station.

(2) If a person misconducts himself in a polling station, or
fails to obey the lawful orders of the presiding officer, he may
immediately, by order of the presiding officer, be removed from

LAWS OF AND BARBUDA

7 0 CAP. 379) Representation of the People

the polling station by a police officer in or near the station or
by any other person authorised in writing by the returning officer
to remove him, and the person so removed shall not, without the
permission of the presiding officer, again enter the polling station
during the day.

(3) Any person so removed may, if charged with the
commission in the polling station of an offence, be dealt with as
a person taken into custody by a police office for an offence without
a warrant.

(4) The powers conferred by this rule shall not be exercised
so as to prevent a voter who is otherwise entitled to vote at a poll-
ing station from having an opportunity of voting at that station.

Sealing of ballot 32. Immediately before the commencement of the poll, the
boxes. presiding officer shall show the ballot box empty to such persons,

if any, as are present in the polling station, so that they may see
that it is empty, and shall then lock it up and place his seal on
it in such manner as to prevent its being opened without breaking
the seal, and shall place it in his view for the receipt of ballot
papers, and keep it so locked and sealed.

Questions to be 33. (1) The presiding officer may, and if required by a
put to voters. candidate or his polling agent shall, put to any person applying

for a ballot paper at the time of his application, but not after-
wards, the following questions, or either of them, that is to say-

(a) in the case of a person applying as an elector-

(i) "Are you the person registered in the register of
electors of this election as follows (read the whole
entry from the register)?"

(ii) "Have you already voted, here or elsewhere, at this
by-electionlgeneral election otherwise than as proxy
for some other person?"; and

(6) in the case of a person applying as proxy-

(i) "Are you the person whose name as A.B. in the
list of proxies for this election as entitled to vote
as proxy on behalf of C.D.?"

(ii) "Have you already voted here or elsewhere at this
by-electionlgeneral election as proxy on behalf
of C.D.?"

(2) In the case of a person applying as proxy, the presiding
officer may, and if required as aforesaid shall, put the following

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 7 1

additional question: "Have you at this election already voted as
proxy on behalf of any other person?"

(3) A ballot paper shall not be delivered to any person required
to answer the above questions or any of them unless he has
answered the question satisfactorily.

(4) Save as by this rule authorised, no inquiry shall be
permitted as to the right of any person to vote.

34. (1) If at the time a person applies for a ballot paper Challenge of
for the purpose of voting in person, or after he has applied for "Oter.
a ballot paper for that purpose and before he has left the polling
station, a candidate or his polling agent declares to the presiding
officer that he has reasonable cause to believe that the applicant
has committed an offence of personation and undertakes to sub-
stantiate the charge in a court of law, the presiding officer may
order a police officer or member of the Antigua and Barbuda
Defence Force to arrest the applicant, and the order of the presiding
officer shall be sufficient authority for the police officer or member
of the Antigua and Barbuda Defence Force so to do.

(2) A person against whom a declaration is made under this
rule shall not by reason thereof be prevented from voting.

(3) A person arrested under the provisions of this rule shall
be dealt with as a person taken into custody by a police officer
or member of the Antigua and Barbuda Defence Force for an
offence, without a warrant.

35. (1) A ballot paper shall be delivered to a voter who voting
procedure. applies therefor, and immediately before delivery-

(a) the ballot paper shall be stamped with the official
mark, either embossed or perforated;

(b) the number, name and description of the elector as
stated in the copy of the register of electors shall be called out;

(c) the number of the elector shall be marked on the
counterfoil;

(d) a mark shall be placed in the register of electors
against the number of the elector to denote that a ballot paper
has been received but without showing the particular ballot
paper which has been received; and

(e) in the case of a person applying for a ballot paper
as proxy, a mark shall also be placed against his name in
the 'list of proxies.

LAWS OF ANTIGUA AND BARBUDA

7 2 CAP. 379) Representation of the People

(2) The voter, on receiving the ballot paper, shall forthwith
proceed into one of the compartments in the polling station and
there secretly mark his paper and fold it up so as to conceal his
vote, and shall then show to the presiding officer the back of the
paper, s o as to disclose the official mark, and after the provisions
of rules 36 to 38 and rules 39 to 41, as the case may be, have
been complied with, put the ballot paper so folded up into the
ballot box in the presence of the presiding officer.

(3) The voter shall vote without undue delay, and shall leave
the polling station as soon as he has put his ballot paper into the
ballot box.

Ballot papers not 36. (1) Subject to the provisions of rule 43, the presiding
to be delivered
to elector unless officer shall refuse to deliver any ballot paper to any elector unless
no marks of he is satisfied that there does not appear-
black electoral
ink appear on (a) upon the appropriate digit of such elector; or
elector.

(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,

any mark of black electoral ink.

(2) For the purpose of satisfying himself in the manner
required by subrule (1) of this rule, the presiding officer shall in
the presence of the poll clerk and of the sworn agents of the
candidates or the candidates in the polling station, as the case
may be, inspect the appropriate digit of each elector or all of the
digits of each elector, as the case may require.

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

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

Electors to 37. (1) The presiding officer shall before permitting any
immerse appropriate digit elector to put his folded ballot paper in the ballot box in accordance
in black electoral with rule 35 (2), if the elector has an appropriate digit, satisfy
ink. himself that there does not appear upon such digit any substance

which in his opinion is likely to prevent the adhesion of black
electoral ink and cause the elector to immerse such digit in the
black electoral ink:

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 7 3

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 black electoral ink the presiding officer may require
him to immerse in such black electoral ink any other digit upon
which the presiding officer is satisfied that there is no substance
which is likely to prevent the adhesion of black electoral ink.

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

Provided that nothing in this rule shall prohibit an elector
who has failed or refused to immerse his appropriate digit in black
electoral ink from returning to the polling station in order to vote
as an elector and to immerse his appropriate digit in black electoral
ink.

38. In rules 36 and 37 "appropriate digit" means in the Meaning of
case of an elector- "appropriate dipit", etc. in

reration to an
(i) who has a right hand upon which there are any digits

that finge; of the right hand which is nearest to the
right thumb, or if the elector as no right thumb the
right thumb socket, or if the elector has a right
thumb but has no fingers on the right hand, the
right thumb and upon which digit there does not
appear any sign of red electoral ink;

(ii) who has no right hand or who 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 and upon which digit there
does not appear any sign of red electoral ink;

"digit" includes both fingers and thumb;
B

"black electoral ink" means the black ink whether composite
or consisting of two or more separate solutions, supplied
by the Supervisor of Elections for use in accordance with
these rules.

LAWS OF ANTIGUA AND BAKBUDA

7 4 CAP. 379) Representation of the People

Ballot papers not 39. (1) Subject to the provisions of rule 43, the presiding
to be del~vered
to voting officer shall refuse to deliver any ballot paper to any person voting
as proxy for as proxy for an elector unless he is satisfied that there does not
elector unless no appear-
marks of red
electoral ink
appear on proxy. (a) upon the appropriate digit of such proxy; or

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

any mark of red electoral ink.

(2) For the purpose of satisfying himself in the manner
required by subrule (I), the presiding officer shalI in the presence
of the poll clerk and of the sworn agents of the candidates or the
candidates in the polling station, as the case may be, inspect the
appropriate digit of each proxy or all of the digits of each proxy,
as the case may require.

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

(4) Every person who applies as a proxy for any ballot paper
at anv time when there is uDon anv of his digits anv mark of red

u

electoral ink shall be guilty of personation within the meaning
of the Act.

Proxies to
immerse

40. (1) The presiding officer shall before permitting any
appropriate digit person voting as proxy to put his folded ballot paper in the ballot
in red electoral box in accordance with rule 35 (2) if the proxy has an appropriate
ink. digit, satisfy himself that there does not appear upon such digit

any substance which in his opinion is likely to prevent the adhesion
of red electoral ink and cause the proxy to immerse such digit
in the red electoral ink:

Provided that where the presiding officer is satisfied that the
proxy 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 red electoral ink the presiding officer may require
him to immerse in such red electoral ink any other digit upon
which the presiding officer is satisfied that there is no substance
which is likely to prevent the adhesion of red electdral ink.

(2) If any proxy on being required so to do fails or refuses
to immerse his appropriate digit in red electoral ink the presiding
officer shall take possession of and destroy the ballot paper of such

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 7 5

a proxy and make an entry in the poll book setting out the
particulars in relation to -the destruction of such ballot paper.

Provided that nothing in this rule shall prohibit a proxy who
has failed or refused to immerse his appropriate digit in red electoral
ink from returning to the polling station in order to vote as a proxy
and to immerse his appropriate digit in red electoral ink.

41. In rules 39 and 40 "appropriate digit" means in the fireaning pf
case of a proxy- appropriate digit", etc. in

refation to a
(i) who has a left hand upon which there are any digits

that finger of the left hand which is nearest to the
left thumb, or if the proxy has no left thumb to the
left thumb socket, or if the proxy has a Ieft thumb
but has no fingers on the left hand, the left thumb
and upon which digit there does not appear any sign
of black electoral ink;

(ii) who has no left hand or who has a left hand but
has no digits upon such hand, the 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 he has a right thumb but no fingers
upon his right hand, the right thumb and upon
which digit there does not appear any sign of black
electoral ink;

"digit" includes both fingers and thumb;

"red electoral ink" means the red ink, whether composite
or consisting of two or more separate solutions, supplied
by the Supervisor of Elections for use in accordance with
these rules.

42. Subject to the provisions of rule 43 of these rules, every Penalty for
presiding officer who fails or neglects to perform any duty imposed Fzii:i
upon him by rule 36, 37, 39 or 40 of these rules shall be guilty to carry out
of an offence against this rule and shall be liable on summary ~e'&~3~f 39
conviction to a fine of one thousand dollars and to imprisonment or 40.
for six months.

43. The provisions of rules 36, 37, 39, 40 and 42 of these Non-applicatwn
rules shall not apply in relation to any elector or proxy who has 30',2~4306;~~~'
no hands or who has only one digit, and is entitled to vote both proxies or
as an elector and as a proxy and who has already voted in one t;;gech no
of such capacities.

LAWS OF ANTIGUA AND BARBUDA

7 6 CAP. 3 79) Representation of the People

Votes marked by 44. (1) The presiding officer, on the application of-
presiding officer. -

(a) a voter who is incapacitated by blindness or other
physical cause from voting in manner directed by these rules;
o r

(b) a voter who declares orally that he is unable to read,
shall, in the presence of the polling agents, cause the vote of the
voter to be marked on a ballot paper in the manner directed by
the voter, and the voter having complied with the other provi-
sions of these rules, the ballot paper to be placed in the ballot box.

(2) The name and number on the register of electors of every
voter whose vote is marked in pursuance of this rule, and the reason
why it is so marked, shall be entered on a list (in these rules called
"the list of votes marked by the presiding officer").

In the case of a person voting as a proxy for an elector, the
number to be entered together with the name of the voter shall
be the number of the elector.

Voting by blind 45. (1) If a voter makes an application to the presiding
persons. officer to be allowed on the ground of blindness to vote with the

assistance of another person by whom he is accompanied, in these
rules referred to as "the companion", the presiding officer shall
require the voter to declare orally whether he is so incapacitated
by his blindness as to be unable to vote without assistance.

(2) If the presiding officer is satisfied that the voter is so
incapacitated and is also satisfied by a written declaration made
by the companion, in these rules referred to as "the declaration
made by the companion of a blind voter", that the companion
is a qualified person within the meaning of this rule and has not
previously assisted any other blind person to vote at the election,
the presiding officer shall grant the application, and thereupon
anything which is by these rules required to be done to or by
the said voter in connection with the giving of his vote may be
done to, or with the assistance of, the companion.

(3) For the purpose of this rule, a person shall be qualified
to assist a blind voter to vote, if that person is either-

(a) a person who is entitled to vote as an elector in that
constituency at the election; or

( 6 ) the father, mother, brother, sister, husband, wife,
son or daughter of the blind voter and has attained the age
of eighteen years.

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 7 7

(4) The name and number in the register of electors of every
voter whose vote is given in accordance with this rule and the
name and address of the companion shall be entered by the
presiding officer on a list in these rules referred to as "the list
of blind voters assisted by companions."

In the case of a person voting as proxy for an elector, the
number to be entered together with the name of the voter shall
be the number of the elector.

(5) The declaration made by the companion-

(a ) shall be in Form 8 in the Appendix hereto;

( b ) shall be made before the presiding officer at the time
when the voter applies to vote with the assistance of a
companion and shall forthwith be given to the presiding officer
who shall attest and retain it.

( 6 ) No fee or other payment shall be charged in respect of
the declaration.

46. (1) If a person, representing himself to be- Tendered ballot
oaners. . .

(a ) a particular elector named on the register and not
named in the absent voters list; or

(b) a particular person named in the list of proxies as
proxy for an elector,

applies for a ballot paper after another person has voted in person
either as the elector or his proxy, the applicant shall, on satis-
factorily answering the questions permitted by law to be asked
at the poll, be entitled, subject to the following provisions of this
rule, to mark a ballot paper in these rules referred to as "a tendered
ballot paper" in the same manner as any other voter.

(2) A tendered ballot paper shall-

(a ) be of a colour differing from the other ballot papers;

( b ) instead of being put into the ballot box, be given
to the presiding officer and endorsed by him with the name
of the voter and his number in the register of electors, and
set aside in a separate packet.

(3) The name of the voter and his number on the register
of electors shall be entered on a list in these rules referred to as
the "tendered votes list. "

LAWS OF ANTIGUA AND BARBUDA

7 8 CAP. 379) Representation of the People

Spoilt ballot
papers.

(4) In the case of a person voting as proxy for an elector,
the number to be endorsed or entered together with the name
of the voter shall be the number of that elector.

47: A voter who has inadvertently dealt with his ballot paper
in such manner that it cannot be conveniently used as a ballot
paper may, on delivering it to the presiding officer and proving
to his satisfaction the fact of the inadvertence, obtain another ballot
paper in the place of the ballot paper so delivered in these rules
referred to as "a spoilt ballot paper" and the spoilt ballot paper
shall be immediately cancelled.

Adjournment of 48. (1) Where the proceedings at any polling station are
poll in case of
riot, etc. interrupted or obstructed by riot or open violence, or by the

occurrence of any earthquake, hurricane, flood, fire, outbreak of
pestilence or other calamity, the presiding officer shall adjourn
the proceedings till the following day and shall forthwith give notice
to the returning officer.

(2) Where the poll is adjourned at any polling station-

(a) the hours of polling on the day to which it is adjourned
shall be the same as for the original day; and

( 6 ) references in this Act to the close of the poll shall
be construed accordingly.

(3) Where the poll is adjourned under the preceding provi-
sions of this rule the presiding officer shall either-

( a ) secure and seal the polling station, having first
ascertained that no persons remain upon the premises; or

( b ) having first sealed each ballot box with his own seal,
remove the ballot boxes and all other papers relating to the
poll to some other secure place and in such latter event the
polling agent of any candidate may upon request accompany
and remain with such papers at such secure place until the
resumption of the poll.

Procedure on 49. (1) As soon as practicable after the close of the poll,
close of poll. the presiding officer shall, in the presence of the polling agents,

make up into separate packets, sealed with his own seal and the
seal of such polling agents as desired to affix their seals-

( a ) each ballot box in use at the station, sealed so as
to prevent the introduction of additional ballot papers and
unopened, but with the key attached;

( b ) the unused and spoilt ballot papers placed together;

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 79

(6) the tendered ballot papers;

(d) the marked copies of the register of electors and of
the list of proxies;

(e) the counterfoils of the used ballot papers and the
certificates as to employment on duty on the day of the poll;

V) the tendered votes list, the list of blind voters assisted
by companions, the list of voters marked by the presiding
officer, a statement of the number of voters whose votes are
so marked by the presiding officer under the heads "physical
incapacity" and "unable to read", the declarations made
by the companions of blind voters, and the poll book,

and shall, accompanied by two police officers, deliver the packets
personally to the returning officer to be taken charge of by him:

Provided that a polling agent of each candidate may, upon
request, accompany the presiding officer from the polling station
until he delivers the packets to the returning officer.

(2) The marked copies of the register of electors and of the
list of proxies shall be in one packet but shall not be in the same
packet as the counterfoils of the used ballot papers and the
certificates as to employment on duty on the day of the poll.

(3) The packet shall be accompanied by a statement (in these
rules referred to q "the ballot paper account") made by the
presiding officer showing the number of ballot papers entrusted
to him, and accounting for them under the heads of ballot papers
issued and not otherwise accounted for, unused, spoilt and tendered
ballot papers.

50. (1) The returning officer shall make arrangements for Attendance at
counting the votes in the presence of the counting agents as soon z,",?
as practicable after the close of the poll, and shall give to the
counting agents notice in writing of the time and place at which
he will begin to count the votes, and shall designate a portion
of such place to be a reserved area, within which the actual counting
of votes will take place.

(2) No person other than-

(a) the returning officer and his clerks;

( b ) the candidates; and

(6) the counting agents,
may be present within the reserved area at the counting of the
votes, unless permitted by the returning officer to attend.

LAWS OF ANTIGUA AND BARBUDA

80 CAP. 379) Representation of the People

(3) The returning officer shall give the counting agents all
such reasonable facilities for overseeing the proceedings, and all
such information with respect thereto, as he can give them
consistent with the orderly conduct of the proceedings and the
disch2ge of his duties in connection therewith.

(4) In particular, where the votes are counted by sorting the
ballot papers according to the candidate for whom the vote is given
and then counting the number of ballot papers for each candidate,
the counting agents shall be entitled to satisfy themselves that the
ballot papers are correctly sorted.

The count. 5 1. (1) The returning officer shall not count any tendered
ballot paper.

(2) The returning officer, while counting and recording the
number of ballot papers and counting the votes, shall keep the
ballot papers with their faces upwards and take all proper
precautions for preventing any person from seeing the numbers
printed on the back of the ballot papers.

(3) The returning officer shall verify each ballot paper account
by comparing it with the number of ballot papers recorded by
him, and the unused and spoilt ballot papers in his possession
and the tendered votes list opening and resealing the packets
containing the unused and spoilt ballot papers and the tendered
votes list and shall draw up a statement as to the result of the
verification, which any counting agent may copy.

(4) The returning officer shall, so far as practicable, proceed
continuously with counting the votes.

Recount.

Rejected ballot
papers.

52. (1) A candidate, if present when the counting or any
re-count of the votes is completed, may require the returning officer
to have the votes re-counted or again re-counted but the returning
officer may refuse to do so if in his opinion the request is
unreasonable.

(2) No step shall be taken on the completion of the counting
or any re-count of votes until the candidates at the completion
thereof have been given a reasonable opportunity to exercise the
right conferred by this rule.

53. (1) Any ballot paper-
(a) which does not bear the official mark;

(6) on which votes are given for more than one candidate;

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 81

(c) on which anything is written or marked by which
the voter can be identified; or

(d) which is unmarked or void for uncertainty,

shall, subject to the provisions of the next following subrule be
void and not counted.

(2) A ballot paper on which the vote is marked-

(a) elsewhere than in the proper place;

( b ) otherwise than by means of a cross; or

( c ) by more than one mark,
shall not by reason thereof be deemed to be void if an intention
that the vote shall be for one or other of the candidates clearly
appears, and the way the paper is marked does not of itself identify
the voter and it is not shown that he can be identified thereby.

(3) The returning officer shall endorse the word "rejected"
on any ballot paper which under this rule is not to be counted,
and shall add to the endorsement the words "rejection objected
to" if an objection is made by a counting agent to his decision.

(4) The returning officer shall draw up a statement showing
the number of ballot papers rejected under the several heads of-

(a) want of official mark;

( 6 ) voting for more than one candidate;

( c ) writing or mark by which voter could be identified;

(6) unmarked or void for uncertainty,
and any counting agent may copy the statement.

54. The decision of the returning officer on any question Decisions on
arising in respect of a ballot paper shall be final, but shall be subject papers'
to review on an election petition.

55 . (1) Where, after the counting of the votes, including Equality of
any recount, is completed, an equality of votes is found to exist "OteS.
between any candidates and the addition of a vote would entitle
any of these candidates to be declared elected then the returning
officer shall forthwith make a declaration under rule 56 that an
equality of votes has been ascertained and that no candidate has
been elected and shall endorse the writ to that effect and deliver
the certified writ to the Supervisor of Elections.

LAWS OF ANTIGUA AND BARBUDA

82 CAP. 379) Representation of the People

(2) Upon receipt of the writ certified as in subrule (1) the
Supervisor shall declare that a fresh election for that constituency
shall be held and all proceedings with reference to that election
shall be commenced afresh in all respects as if the writ had been
received on the day on which the Supervisor of Elections makes
the declaration:

Provided that no fresh nomination shall be necessary in the
case of a person standing nominated and with an equality of votes.

Part IV

FINAL PROCEEDINGS IN CONTESTED
AND UNCONTESTED ELECTIONS

Declaration of 56. (1) In a contested election, when the result of the poll
result. has been ascertained, the returning officer shall forthwith either-

(a) (i) declare to be elected the candidate to whom the
majority of votes has been given; and

(ii) return his name to the Supervisor of Elections; or

( 6 ) (i) declare that there has been an equality of votes
and that no candidate has been elected; and

(ii) return the fact that there has been an equality
of votes to the Supervisor of Elections,

and in either case give public notice of his name or
their names and of the total number of votes given
for each candidate together with the number of rejected
ballot papers under each head shown in the statement
of rejected ballot papers.

(2) In an uncontested election, the Statement of Persons
Nominated, in addition to showing the person standing nominated,
shall also declare that person elected, and the returning officer
shall forthwith return his name to the Clerk to Parliament and
the Supervisor of Elections.

Return to writ. 5 7. (1) The returning officer shall return the name of the
member elected by endorsing on the writ a certificate in Form 1
in the Appendix hereto.

(2) Any provision of the Constitution, any rule or law or
enactment as to the effect of, or manner of dealing with, the return
of a member to serve in the House of Representatives shall apply
to the certificate.

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 83

(3) The returning officer shall deliver the writ with the
certificate endorsed thereon to the Supervisor of Elections.

58. (1) The Supervisor of Elections shall from the certificate Record of
on each writ returned to him enter the name of the member returns.
returned in a book to be kept by him at his office.

(2) The Supervisor of Elections shall also enter in the book
any declaration of equality of votes, any double return and any
alteration or amendment made by him in the certificate endorsed
on any writ.

(3) The book shall be open to public inspection at reasonable
times and any person may, on payment of a reasonable fee, take
copies from the book.

59. (1) Subject to the provisions of subrules (4) and (5) Return
forfeiture of

of this rule, the deposit made under rule 9 shall either be returned
to the person making it or his personal representatives or be deposits.
forfeited to Antigua and Barbuda.

(2) Except in the cases hereinafter mentioned in this rule,
the deposit shall be returned as soon as practicable after the result
of the election is declared.

(3) If the candidate is not shown as standing nominated in
the statement of persons nominated, or if the poll is countermanded
or abandoned by reason of his death, the deposit shall be returned
as soon as practicable after the publication of the statement or
after his death, as the case may be.

(4) Subject to the last foregoing subrule the deposit shall be
forfeited if a poll is taken and, after the counting of the votes by
the returning officer (including any re-count) is completed, the
candidate is found not to have polled more than one-eighth of
the total number of votes polled by all the candidates.

(5) Notwithstanding anything in the three last foregoing
subrules, if at a general election a candidate is shown as standing
nominated in more than one constituency in the statements of
persons nominated, not more than one of the deposits shall be
returned and, if necessary, the Supervisor of Elections shall direct
which it is to be.

LAWS OF ANTIGUA AND BARBUDA

84 CAP. 379) Representation of the People

Part V

DISPOSAL OF DOCUMENTS
Verification of 60. (1) O n the completion of the counting at a contested
ballot paper
account. electidn the returning officer shall seal up in separate packets the

counted and rejected ballot papers.

(2) The returning officer shall then in the presence of the
counting agents verify each ballot paper account by comparing
it with the number of ballot papers recorded by him, and the unused
and spoilt ballot papers in his possession and the tendered votes
list (opening and resealing the packets containing the unused and
spoilt papers and the tendered votes list) and shall draw up a state-
ment as to the result of the verification, which any counting agent
may copy.

(3) The returning officer shall not open the sealed packets
of tendered ballot papers or of counterfoils and certificates as to
employment on duty on the day of the poll, or of marked copies
of the register of electors and lists of proxies.

Delivery of
documents to

61. (1) The returning officer shall then forward to the
of Supervisor of Elections the following documents, that is to say-

Elections.
(a) the packets of ballot papers in his possession;

(6) the ballot paper accounts and the statements of
rejected ballot papers and of the result of the verification of
the ballot papers accounts;

(6) the tendered votes lists, the lists of blind voters assisted
by companions, the lists of votes marked by the presiding
officer and the statements relating thereto, and the declarations
made by the companions of blind voters;

(d) the packets of counterfoils and certificates as to
employment on duty on the day of the poll;

(e) the packets containing marked copies of registers and
of lists of proxies,

endorsing on each packet a description of its contents, the date
of the election to which they relate, and the name of the consti-
tuency for which the election was held.

(2) The returning officer shall forward the documents by
delivering them personally to the Supervisor of Elections.

(3) The Supervisor of Elections shall on receiving the
documents give a receipt to the person delivering them, and shall

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 85

register them in the books of his office specifying the date and
time of receipt.

(4) Any receipt to be given for the documents shall show the
date and time of their receipt.

62. (1) An Order- Orders for
production of

(a) for the inspection or production of any rejected ballot
papers in the custody of the Supervisor of Elections; or

(b) for the opening of a sealed packet of counterfoils and
certificates as to the employment on duty on the day of the
poll or the inspection of any counted ballot papers in his
custody may be made-

(i) by the House of Representatives;

(ii) if satisfied by evidence on oath that the Order is
required for the purpose of instituting or maintaining
a prosecution for an offence in relation to ballot
papers, or for the purpose of an election petition,
by the High Court (whether sitting as an election
court or not).

(2) An order for the opening of a sealed packet of counter-
foils and certificates or for the inspection of any counted ballot
papers in the said custody may be made by an election court.

(3) An Order under this rule may be made subject to such
conditions as to persons, time, place and mode of inspection,
production or opening as the House of Representatives or court
making the order may think expedient:

Provided that in making and carrying into effect an order
for the opening of a packet of counterfoils and certificates or for
the inspection of counted ballot papers, care shall be taken that
the way in which the vote of any particular elector has been given
shall not be disclosed until it has been proved that his vote was
given and that the vote has been declared by a competent court
to be invalid.

(4) Any power given under this rule to the High Court may
be exercised by any judge of the Court otherwise than in open court.

(5) Where an order is made for the production by the
Supervisor of Elections of any document in his possession relating
to any specified election, the production by him or his agent of
the document ordered, in such manner as may be directed by
that order shall be conclusive evidence that the document relates

LAWS OF ANTIGUA AND BARBUDA

CAP. 379) Representation of the People

to the specified election; and any endorsement on any packet of
ballot papers so produced shall be prima facie evidence that the
ballot papers are what they are stated to be by the endorsement.

(6) The production from proper custody of a ballot paper
purporting to have been used at any election, and of a counterfoil
marked with the same printed number and having a number
marked thereon in writing, shall be prima facie evidence that the
elector whose vote was given by that ballot paper was the person
who at the time of the election has affied to his name in the register
of electors the same number as the number written on the
counterfoil.

(7) Save as by this rule provided, no person shall be allowed
to inspect any rejected or counted ballot papers in the possession
of the Supervisor of Elections or to open any sealed packets of
counterfoils and certificates.

Retention and 63. (1) The Supervisor of Elections shall retain for a year
public inspection
of documents. all documents relating to an election forwarded to him in pursuance

of these rules by a returning officer, and then, unless otherwise
directed by order of the House of Representatives or the High
Court, shall cause them to be destroyed.

(2) The said documents, except ballot papers, counterfoils
and certificates as to employment on duty on the day of the poll,
shall be open to public inspection at such time and subject to such
conditions as may be prescribed by the Supervisor of Elections
with the consent of the Speaker of the House of Representatives.

(3) The Supervisor of Elections shall on request, supply copies
of or extracts from the documents open to public inspection on
payment of such fees and subject to such conditions as may be
sanctioned by him.

Citation. 64. These rules may be cited as the Election Rules.

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 8 7

APPENDIX T O ELECTION RULES

Note - The forms contained in this Appendix may be adapted so far as
circumstances require.

FORM No. 1.

Rule 3(1)

Form of Writ for Elections

Elizabeth the Second, by the Grace of God, Queen of Antigua and Barbuda
and of Her other Realms and Territories, Head of the Commonwealth, to the
Returning Officer for the Constituency, Greeting:

Whereas by Section 61 (1) of the Constitution it is provided that a general
election of Members of the House of Representatives shall be held at such time
within three months after every dissolution of Parliament as the Governor-General,
acting in accordance with the advice of the Prime Minister, shall appoint;

AND WHEREAS Parliament was dissolved on the day
of 7 19

AND WHEREAS the day of , 19 has
been appointed as the date on which the said general election shall be held

NOW THEREFORE I, , Governor-General
of Antigua and Barbuda command you that, due notice being first given, you
do cause election to be made according to law of a Member to serve in the House
of Representatives for the said Constituency and that you do cause
the name of such member when so elected, whether he be present or absent, to
be certified to me without delay.

Given under my hand and the Public Seal this

day of and in the
Our Reign, and in the Year of Our Lord 19

Year of

Governor-General

Label or direction of writ

To the Returning OMicer for the Constituency.
A Writ of a new Election of a Member for the said Constituency.

Endorsement

Received the within Writ on the day of , 19

(Signed)
Returning Officer.

LAWS OF ANTIGUA AND BARBUDA

88 CAP. 379) Representation of the People

Certificate endorsed on writ

I hereby certify, that the Member elected for the Constituency in pursuance of
the within written Writ is
of

1

(Signed)
Returning Officer.

FORM No. 2.

Rule 5

Form of notice of election

ELECTION FOR T H E CONSTITUENCY

1. An election is to be held of a Member to serve in the House of
Representatives for the said Constituency.

2. Nomination papers may be delivered by the candidate or his proposer
or seconder to the returning officer at

between the hours of 8 a.m. and 6 p.m. on the
day of , 19

3. Forms of nomination papers may be obtained at the place and times
aforesaid. The returning officer will at the request of any elector prepare for signature
a nomination paper. -

4. If the election is contested, the poll will take place on the
day of , 19

(Signed)
Returning Officer.

NOTE

1. The attention of candidates and electors is drawn to the rules for filling
up nomination papers and other provisions relating to nomination contained in
the Election Rules in the First Schedule to the Representation of the People Act.

2. Every person guilty of a corrupt or illegal practice will, on conviction,
be liable to the penalties imposed by the Representation of the People Act.

3. Electors and their proxies should take note that applications to be treated
as an absent voter and other applications and notices about proxy voting must
reach the registration officer by the day of next, if they are
to be effective for this election.

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 89

FORM No. 3.

Rule 6

Form of nomination for parliamentary election

Election of a Member to serve in the House of Representatives for the
Constituency

We, the undersigned, being electors for the said Constituency, do hereby
nominate the under-mentioned person as a candidate at the said election, and
we certify that to the best of our belief he is qualified for election as a member
of the House of Representatives.

Candidate's
surname

Other names
in full

Description Home Address
in full

LAWS OF ANTIGUA AND BARBUDA

CAP. 3 79) Representation of the People

Signatures Electoral Number
(See note 2)

Proposer. .......... .? ..................................

.............................................. Seconder.

We, the undersigned, being electors

for the said Constituency, do hereby

assent to the foregoing nomination. I

NOTE

1. The attention of candidates and electors is drawn to the rules for filling
up nomination papers and other provisions relating to nomination contained in
the Election Rules in the First Schedule to the Representation of the People Act.

2. A person's electoral number is his number in the register to be used
at the election except that before publication of the register his number (if any)
in the electors lists for that register shall be used instead.

3. An elector may not subscribe more than one nomination paper for the
same election.

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 9 1

FORM No. 4.

Rule 8

Consent to Nomination

I, , of
hereby consent to my nomination as a candidate for election as a member of the
House of Representatives for the Constituency of

Witness my hand this day of , 19

Signature of Witness Signature of Candidate

FORM No. 5.

Rule 18(2)

Form of Ballot Paper
Form of Front of Ballot Paper

Counterfoil
No.

The Counter-
foil is
to have
a number
to Cor-
respond
with that
on the
back of
the
Ballot
Paper.

I BROWN
1.

THOMAS WILLIAM

Brown, of Sidney Hill,
Parham, salesman.)

(JOHN EDWARD Brown
of 52 West Street,
St. John's, Merchant)

1 JONES
(William David Jones, of
Welsh Harbour,

unemployed.)

SMITH

4. (Mary Smith, of 72 High Street,
All Saints,

married woman.)

LAWS OF ANTIGUA AND BARBUDA

92 CAP. 379) Representation of the People

Form of Back of Ballot Paper

No.

Election for the
1

Constituency on the day of , 19

Note: The number on the back of the ballot paper is to correspond with that on the Counterfoil.

Directions as to printing the ballot paper

1. Nothing is to be printed on the ballot paper except in accordance with
these instructions.

2. So far as practicable, the following arrangements shall be observed in
the printing of the ballot paper-

( a ) no word shall be printed on the face except the particulars of the
candidates;

( 6 ) no rule shall be printed on the face except the horizontal rules
separating the particulars of the candidates from one another and the vertical
rules separating those particulars from the numbers on the left-hand side
and the spaces on the right where the vote is to be marked;

(c) the whole space between the top and bottom of the paper shall be
equally divided between the candidates by the rules separating their particulars.

3. The surname of each candidate shall in all cases be printed itself in large
capitals, and his full particulars shall be set out below it and shall be printed in
ordinary type except that small capitals shall be used-

( a ) if his surname is the same as another candidate's, for his other names;
and

( 6 ) if his other names are also the same as the other candidate's, either
for his residence or for his description unless each of them is the same as
that of another candidate with the same surname and other names.

F
O

R
M

N
o.

6


P
ol

l
B

oo
k

R
ul

e
27


I

P
ar

ti
cu

la
rs

o
f

V
ot

er


P
ar

ti
cu

la
rs

o
f

pe
rs

on
s

ap
pl

yi
ng

f
or

B
al

lo
t

P
ap

er
s

af
te

r
an

ot
he

r
pe

rs
on


ha

s
vo

te
d

as
s

uc
h

pe
rs

on


*W
he

n
B

al
lo

t
pu

t
in

to
B

al
lo

t
B

ox
i

ns
er

t
"

V
ot

ed
"


O
bj

ec
ti

on
s

if
an

y
m

ad
e

on
b

eh
al

f
of

a
ny


ca

nd
id

at
es



R
em

ar
ks



LAWS OF ANTIGUA AND BARBUDA

94 CAP. 379) Representation of the People

FORM No. 7.

Rule 27(4)

Form of directions for the guidance of the voters in voting

1. The voter should see that the ballot paper, before it is handed to him,
is stamped with the official mark.

2. The voter will go into one of the compartments and, with the pencil
provided in the compartment, place a cross on the right-hand side of the ballot
paper, opposite the name of the candidate for whom he votes, thus "XU'

3. The voter will then fold up the ballot paper so as to show the official
mark on the back, and leaving the compartment will, without showing the front
of the paper to any person, show the official mark on the back to the presiding
officer, and then, in the presence of the presiding officer, having first immersed
such digit as the presiding officer shall direct in the appropriate electoral ink,
put the paper into the ballot box, and forthwith leave the polling station.

4. If the voter inadvertently spoils a ballot paper he can return it to the
officer, who will, if satisfied of such inadvertence, give him another paper.

5 . If the voter votes for more than one candidate, or places any mark on
the paper by which he may afterwards be identified, his ballot paper will be void,
and will not be counted.

6. If the voter fraudulently takes a ballot paper out of a polling station
or fraudulently puts into the ballot box any paper other than the one given to
him by the officer, he will be guilty of an offence and liable on conviction to
the penalties laid down by law.

FORM No. 8.

Rule 45(5)(a)

Form of declaration to be made by the companion of a blind
voter at an election

I A.B., of , having been
requested to assist C.D. (in the case of a blind person voting as proxy add "voting
as proxy for M. N.") whose number on the register is , to record his
vote at the election now being held in this constituency, hereby declare that (I
am entitled to vote as an elector at the said election) (I am the of the
said voter and have attained the age of eighteen years), and that I have not previously
assisted any blind person to vote at the said election.

(Signed) A.B.,
this day of 19

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 9 5

I, the undersigned, being the presiding officer for the
polling station for the Constituency, hereby certify that the
above declaration, having been first read to the above-named declarant, was sign-
ed by the declarant in my presence.

(Signed) G.H.,
this day of 19 .

NOTE If the person making the above declaration knowingly and wilfully
makes therein a statement false in a material particular, he will be guilty of an
offence.

SECOND SCHEDULE

REGISTRATION REGULATIONS

Arrangement of Regulations
Regulation

1. Citation.
2. Interpretation.
3. Separate part of register for each registration unit.
4. Separate letters for registration units.
5. Order of names.
6. Marking of names to indicate manner of voting.
7 . Form of electors lists.
8. Publication of the electors lists.
9. Notice of claims and objections.

10. Time for making claims and objections.
11. Form of claims and objections.
12. Entry and preliminary disposal of claims and objections.
13. Tribunal to revise list.
14. Procedure of tribunal revising list.
15. Hearing of claims and objections.
16. Sitting of tribunal.
17. Appeals.
18. Correction to the electors lists.
19. Revised list to be certified and deemed Register of Voters
20. Publication of register.
2 1. Free copies of register.
22. Sale of register.
23. Declaration as to age and nationality.
24. Power of registration officer to delegate his duties.
25. Information from householders.

LAWS OF ANTIGUA AND BARBUDA

96 CAP. 379) Representation of the People

26. Adaptation of electors lists and register in consequence of
altered polling districts.

27. Corrupt and illegal practices lists.
28. Application to be treated as an absent voter.
29. Record and listiof absent voters and proxies.
30. Validity of proxies.
31. Appeals.
32. Forms.
33. Sending of notices, etc.
34. Publication of documents.
35. Misnomer.
36. Penalties.

SECOND SCHEDULE

SECTION 19

REGISTRATION REGULATIONS

Part I

GENERAL
Citation. 1. These regulations may be cited as the Registration

Regulations.

Interpretation. 2. (1) In these regulations, unless the context otherwise
requires-

"the Act" means the Representation of the People Act.

" proxy" means a person entitled to vote as proxy at an elec-
tion; and

"the registration officer" means an electoral registration officer
appointed for a particular constituency.

(2) A reference in these regulations to a regulation shall be
construed as a reference to a regulation contained in these
regulations.

(3) A reference in these regulations to the record and list of
absent voters and proxies shall be taken as referring to the records
and lists prepared for elections.

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 97

Part I1

REGISTRATION

3. (1) The register shall be prepared in separate parts for Separate part of
each registration unit in the constituency. register for each registration unit.

(2) A registration unit shall be such portion or portions of
the constituency as the registration officer has declared to be an
electoral district in each constituency.

4. There shall be a separate letter or letters in the register Separate letters
for each registration unit and such letters or letter shall be deemed ~ , i ~ g i s t r a t i O n
to form part of an elector's number in the register.

5 . (1) The names in each registration unit shall be arranged Order of names.
in alphabetical order of surnames of electors and if more than
one elector has the same surname shall be arranged in alphabetical
order of their other names.

(2) The names in the register shall be numbered so far as
is reasonably practicable consecutively; and there shall be a separate
series of numbers (beginning with the number one) for each
polling district.

(3) Each name in the register shall be followed by the address
and occupation of the person whose name appears.

6. To indicate the manner in which an elector is entitled Marking of
vote at an election, there shall be placed by such person and ~ ~ ~ e ~ o ~ d i c a t e
such time as may be prescribed by the Election Rules, against voting.

the name of any elector on behalf of whom a proxy is entitled
to vote the letter "p" in any copy of the register, or part thereof,
provided for a polling station.

7. (1) The electors lists shall be prepared in separate parts Form of electors
for each registration unit in the constituency. lists.

(2) The electors lists for a registration unit shall consist of-

List A - a copy of the register in force for the unit;

List B - a list of new electors, that is to say, persons who
have applied for registration as electors in respect of addresses
for which they are not registered in the register in force; and

List C - a list to be prepared by the registration officer
of persons who have ceased to be qualified as electors or whose
qualifications have been altered, that is to say, persons who,

LAWS OF ANTIGUA AND BARBUDA

98 CAP. 379) Representation of the People

being registered in the register in force, have ceased to be
qualified for registration in such registration unit:

Provided that in respect of the first electors list to be prepared
after ;the coming into force of these regulations the foregoing
provisions of this subregulation shall not apply and there shall
be one list consisting of the names of electors who have applied
to be placed on the register in accordance with the provisions of
the Act:

And further provided that where the area of a registration
unit differs from the area of that unit as constituted for the purposes
of the register in force, the registration unit may be treated as
having the same area as it had for the purposes of the register
in force.

(3) Notwithstanding the provisions of subregulations (2) and
(4) hereof but subject to the first proviso to subregulation (2) the
electors lists for a registration unit may, with the consent of the
Supervisor of Elections, be prepared as a draft register so as to
show only the persons appearing to the registration officer to be
entitled to be registered, together with their qualifying addresses,
and to comply with the provisions of the preceding regulations:

Provided that the names in the draft register need not be
numbered.

(4) Any person whose name appears upon List A and whose
name does not appear upon List C or whose name appears on
a draft register prepared under the provisions of subregulation
(3) shall be deemed to have made due application for registration
under the Act and these regulations.

Publication of
the electors lists.

8. (1) The registration officer shall publish the electors lists
by-

(a) making a copy thereof available for inspection at his
office;

(b) as soon as practicable making copies of the part of
the electors lists relating to each electoral district available
for inspection at such place or places to which the public
have access in or near that electoral district;

(6) publishing a notice (to be combined with the notice
of claims and objections referred to in regulation 9) specifying
the said place or places.

(2) The electors lists shall be published on or before the 15th
day after the last day for application for registration under the

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 99

provisions of the Act, and shall be kept published till the publication
of the register prepared from those lists.

9. (1) The registration officer shall at the time of publishing Notice of claims
the electors lists publish a notice in the prescribed Form or, in and Objections.
the case of electors lists to which regulation 7 ( 3 ) applies, in such
other prescribed Form specifying the manner in which and the
time within which claims and objections in respect of electors lists
may be made.

(2) The said notice shall be published in the way the
registration officer thinks best calculated to bring the said notice
to the attention of the electors.

10. A claim or objection in respect of the electors lists which Time for making
is delivered to the registration officer after the 31st day after the ~ $ , " r ~ i ~ ~ ~
last day for application for registration under the provisions of
the Act shall be disregarded:

Provided that an objection to a claim shall not be disregard-
ed if it is delivered to the registration officer within three days
after the claim has been entered in the list of claims.

11. (1) A claim shall be in the prescribed Form and may Form of claims
be made by a person either on his own behalf or by any registered and
elector in that constituency on his behalf.

(2) An objection shall be in the prescribed form and may
be made by any person eligible to apply to be registered for that
constituency or who is a registered elector in that constituency.

( 3 ) Claims and objections shall be made available for
inspection in the registration officer's office till completion of the
hearing of claims and objections.

12. (1) The registration officer shall keep separate lists of Entry and
claims and objections and shall on receipt of a claim or objection, $ ~ ~ ~ ~ d ~ " , ; y c l a i m s
forthwith enter in the appropriate list the name and qualifying and objections.
address and description of the claimant or the person in respect
of whom the objection is made.

(2) If the registration officer is of the opinion-

(a) that the particulars given in a claim or objection are
insufficient, he may ask for further information and take no
further action until such information is supplied;

LAWS OF ANTlGUA AND BARBUDA

100 CAP. 379) Representation of the People

(b) that a claim may be allowed without a hearing, he
may allow the claim, provided that no objection is made
thereto, and shall so inform the person making the claim;

. (c) that the objector is not entitled to object, he may
'disallow the objection and shall so inform the objector;

(d) that a claim or objection cannot be allowed because-

(i) the matter has been concluded by the decision of
a court, or

(ii) the particulars given in a claim or objection do not
entitle the claimant or objector to succeed,

he may send to the person making the claim or objection
a notice stating his opinion and the grounds thereof and
that he intends to disallow the claim or objection unless
that person gives him notice within three days from the
date of delivery of the first mentioned notice that he
requires the claim or objection to be heard by the revising
officer and, if he receives no such notice within the said
time, he may disallow the claim or objection.

(3) The registration officer, shall, unless he allows the claim
or disallows the objection under subregulation (2) hereof, send
a notice, in the case of a claim, to the person making the claim,
and in the case of an objection, to the objector and the person
objected to, stating the time and place at which the revising officer
proposes to hear the claim or objection; and the notice sent to
a person objected to shall also state the name and address of the
objector and the grounds of the objection.

(4) The registration officer shall make available for inspection
at his office till completion of the hearing of claims and objections
the lists of claims and objections together with the time and place
at which the revising officer proposes to hear any claim or objection.

Tribunal to 13. (1) A tribunal shall be held in one or more places in
revise list. each constituency by and before a revising officer for the purpose

of revising the electors lists and the determination of claims or
objections.

(2) The said tribunal shall be held at such time and such
day as may be fixed by the revising officer and three days notice
in the prescribed Form of the holding of such tribunal and of the
place at which the same is to be held shall be given in the Gazette,
in one or more of the newspapers published or circulating in
Antigua and Barbuda, and by posting such notice on the outer
doors of the Court House, Treasury and the police stations in

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 101

Antigua and Barbuda, and at such other places within the consti-
tuency as he thinks best suited so that the notice may be brought
to the attention of the public.

14. Upon the production at the tribunal by the registration Procedure of
officer of a polling division of a constituency of the list of claims revising

and objections received by such registration officer the revising
officer shall go through the same and shall insert in the electors
list the name of every person who is proved to his satisfaction
to be entitled to have his name inserted therein, rectify any mistake
in such electors list of which he is satisfied, and shall strike out
of such electors list the name of every person who, upon the
application of an objector, is proved to the satisfaction of the
revising officer to be disentitled to have his name retained on the
electors list.

15. (1) O n the hearing of a claim, the person making the Hearing of
claim, on the hearing of an objection, the objector and the person :$~:~,","p
objected to and, on the hearing of either, any other person who
appears to the revising officer to be interested shall be entitled
to appear and be heard.

(2) The right to appear and be heard includes the right to
lodge with the revising officer any written representations that
he may wish.

(3) Any person entitled to appear and be heard may do so
either in person or by counsel or by any other person on his behalf.

(4) If the objector appears neither in person nor by counsel,
nor by some person duly authorized by him in that behalf the
objection shall be overruled, and the name of the person objected
to shall be retained in the electors list for that constituency.

(5) The revising officer may, at the request of any person
entitled to appear and be heard or, if he thinks fit, without such
a request, require that the evidence tendered by any person shall
be given on oath and may administer an oath for the purpose.

(6) Every revising officer holding a tribunal under these
regulations shall have power to adjourn the same to such time
and as often as may be necessary and shall have the same powers
for the keeping of order in his court as are given to a magistrate
under the Magistrate's Code of Procedure Act. Cap. 255.

16. (1) The revising officer shall at the sitting of the tribunal sitting of
which shall be held in public, determine all claims or objections,
and shall write his initials against any name struck out of the electors
list or inserted therein, and against any mistake or omission

LAWS OF ANTIGUA AND BARBUDA

102 C A P . 379) Representation of the People

corrected, and shall sign his name to every page of the electors
list when the same is finally settled.

(2) If the revising officer is of the opinion that the claim or
objeciion of any person is without foundation or is frivolous he
may order such person to pay the actual costs of the inquiry
including the costs of witnesses, and such costs shall be recoverable
by an action before any court of competent jurisdiction.

Appeals. 17. Any person aggrieved by a decision of the revising
officer may appeal to a judge of the High Court in accordance
with Part IV hereof.

Correction to the 18. Any further alteration to the electors lists which is
electors lists. required-

( a ) to carry out the revising officer's decision with respect
to any claim or objection;

( b ) to correct any clerical error; or

( 6 ) to correct any misnomer or inaccurate description,
shall be made by the registration officer.

Revised list to be 19. (1) O n the completion of the revision of the electors
certified and
deemed Register list of the polling divisions of each constituency and the necessary
of Voters. alterations having been made under regulation 18, the revising

officer shall after signing such lists cause them to be printed and
bound separately in respect of each constituency.

(2) The revising officer shall certify such bound lists and shall
thereupon transmit one copy thereof to the returning officer for
the constituency to which it relates and one copy to the Supervisor
of Elections.

(3) The copy of the lists-transmitted to the Supervisor of
Elections shall be deemed to be the Register of Electors for that
constituency and shall remain in force until the next lists of electors
have been revised and certified in accordance with the provisions
of the Act and these regulations.

(4) If as the result of an appeal from a decision of the revising
officer, or for other sufficient cause, the insertion of any name
in the Register of Electors or the deletion of any name therefrom
shall be necessary, such insertion or deletion shall be made by
the Supervisor of Elections who shall number any name inserted
with the same number as the preceding name followed by a letter
or letters.

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 103

20. (1) The registration officer shall publish the register
by making a copy available for inspection at his office and by
making copies of the part of the register relating to each electoral
district available for inspection as soon as practicable at the place
at which copies of the part of the electors lists relating to that
electoral district have been made available for inspection.

(2) The register shall be kept published until the coming into
force of the next register.

2 1. The registration officer shall on request supply without Free copies of
fee- register.

(a) four copies of the register for the constituency and
four copies of lists B and C of the electors lists thereof, or,
in the case of electors lists to which regulation 7 (3) applies
to the draft register therefor, so long as the lists are kept
published, to any person who satisfies the registration officer
that he requires them for use in connection with his own or
some other person's prospective candidature at an election
for that constituency:

Provided that, not more than one person in respect of the
same candidature shall be so supplied; and

(b) two copies of the register for the constituency to each
candidate at an election for that constituency and two to the
returning officer.

22. The regstration officer shall supply to any person copies Sale of register.
of any part or parts of the register in force or of any electors lists
therefor so long as there are sufficient copies available after allowing
for the number which may be required for the purposes of any
election (including the purposes of regulation 21) on payment of
such fee per copy as may be determined by the Supervisor of
Elections.

23. (1) The registration officer before registering any person Declaration as to
may, if he thinks it necessary- age and nationality.

(a) require that person either to produce a birth certificate
or to make a statutory declaration as to the date of his birth;

(b) require that person either to produce a certificate of
naturalisation or other evidence to the satisfaction of the
registration officer that he is qualified to be registered as a
voter under section 40 of the Constitution or make a statutory
declaration that he is so qualified.

LAWS OF ANTIGUA AND BARBUDA

CAP. 379) Representation of the People

Power of
registration
officer to
delegate his
duties.

Information from
house-holders.

Adaptation of
electors lists and
register in
consequence of
altered polling
districts.

Corrupt and
illegal^ practices
list.

(2) Any such declaration shall be made available for inspection
in the registration officer's office till completion of the hearing
of claims and objections by the revising officer.

24. The registration officer may delegate to any person to
perform on his behalf all or any of his registration duties so far
as they relate to the preparation and publication of the electors
lists for any registration unit including the duty of carrying out
sufficient inquiry as to the persons entitled to be registered, and
to give information required for the purposes of his registration
duties.

25. The registration officer may require any householder
or person owning or occupying any premises within the area for
which he acts or the agent of any such person to give information
required for the purposes of his registration duties.

26. (1) Where the Supervisor of Elections makes any
alterations of polling districts, he may also direct that-

(a) the register in force be adapted to the alteration; and

( 6 ) if the alteration takes place between the publication
of any electors lists and the coming into force of the register
prepared from those lists, the form of that register be in
accordance with the alterations.

(2) Where an alteration of polling districts is made other-
wise than by virtue of section 10 (3) of the Act (which relates to
powers exercisable by the Supervisor of Elections), the registration
officer shall make the adaptations set out in subregulation (1).

(3) Except as otherwise provided by this regulation an
alteration of polling districts shall not be effected until the coming
into force of the first register prepared from the electors lists
published after the alteration is made.

27. (1) The registration officer shall, at the same time as
he publishes the electors lists, prepare and publish the corrupt
and illegal practices list (if any) required by section 17 of the Act
by making a copy thereof available for inspection at the same places
as he makes available copies of the electors lists or any part thereof.

(2) A person named in the corrupt and illegal practices list
may claim to be omitted therefrom and any person may object
to the omission of any person from such list and regulations 10,
11, 12 and 13 shall apply to any such claim and objection as they
apply to a claim or objection in respect of the electors lists.

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 105

(3) A claim may be made by a person either on his own behalf
or by another elector in that constituency on his behalf and shall
give particulars of the grounds on which the person concerned
should be omitted, and objection to the omission of any person
shall give the name and address of the objector and the person
in respect of whom the objection is made and the grounds on which
such person should be entered in the corrupt and illegal practices
list including particulars of the alleged report of any election court.

(4) The registration officer shall make such alterations to the
corrupt and illegal practices list as are required to carry out the
revising officer's decision on any claims or objections or to cor-
rect any clerical error, misnomer or inaccurate description.

(5) Where it appears to the registration officer that a person
not named in the corrupt and illegal practices list should be entered
therein, he shall send to that person a notice that he intends to
enter him therein and shall give him an opportunity within five
days from the date of such notice of objecting and being heard
in accordance with the provisions of regulation 13, and after the
said five days he shall make such alteration as seems to him to
be necessary.

(6) The registration officer shall publish the revised corrupt
and illegal practices list (if any) at the same time as he publishes
the register and in the same manner as he publishes each part
of the register.

(7) The corrupt and illegal practices list as first published
and as revised shall be kept published for the same length of time
as the electors list and the register.

Part I11

ABSENT VOTERS AND PROXIES

28. (1) An application to be treated as an absent voter shall Application to be
be made in the prescribed form and shall be made in person before ~ ~ S " , ' ~ f ~ ~ t ~
the returning officer.

(2) An application to be treated as an absent voter shall be
allowed by the returning officer if the application is accompanied
by a certificate in the prescribed form signed by the Commissioner
of Police, Commanding Officer of the Antigua and Barbuda
Defence Force, or Supervisor of Elections as the case may be
certifying that the applicant will by virtue of his official duties
be unable to vote in person on polling day and such certificates
shall be retained by the returning officer and forwarded by him

LAWS OF ANTIGUA AND 8ARBUDA

106 CAP. 379) Representation of the People

to the presiding officer in charge of the polling station at which
the proxy is entitled to vote.

(3) An application to be treated as an absent voter shall be
disregarded for the purposes of an election if it is received by the
returning officer after the third day before the day of the poll at
that election.

Record and list 29. (1) Subject to the provision of this regulation the record
of absent voters
and proxies. and list of absent voters and of proxies appointed shall be in such

a form as appears to the returning officer to be convenient. The
letter "p" shall be placed opposite the name of the absent voter
in the register of electors.

(2) As soon as the absent voters and proxies list has been
prepared, the returning officer shall publish it by making a copy
thereof availabe for inspection at his office.

(3) As soon as practicable after the preparation of the absent
voters and proxies list, the returning officer shall, on request and
without fee, supply to each candidate a copy of the absent voters list.

Validity of 30. An appointment of a proxy shall be valid only for the
proxies. election immediately following the date on which the proxy is

appointed.

Part IV

SUPPLEMENTARY

Appeals. 31. (1) A person desiring to appeal against the decision
of a revising officer must give notice of appeal to the revising officer
and to the opposite party (if any) when the decision is given up,
or within seven days thereafter, specifying the grounds of appeal.

(2) The revising officer shall file any such notice in the High
Court without fee or stamp duty together in each case with a
statement of the material facts which in his opinion have been
established in the case and of his decision upon the whole case
and on any point which may be specified as a ground of appeal,
and shall also furnish to the court any further information which
the court may require and which he is able to furnish.

(3) Where it appears to the revising officer that any notices
of appeal given to him are based on similar grounds, he shall inform
the High Court of the fact for the purposes of enabling the court
(if it thinks fit) to consolidate the appeals or select a case as a
test case.

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 107

(4) The hearing of such appeal shall be heard as nearly as
possible in the same manner as appeals from the Magistrate's Court
save that the matter shall be heard by a single judge.

32. The prescribed forms are such as shall be res scribed Forms.
by regulation. Forms substantially to the like effect may be used
for the purposes stated therein with such variations as the
circumstances may require.

33. (1) Any application, notice, claim or objection which Sending of
is required by these regulations to be made to the registration notices3 etc'
officer or returning officer or revising officer shall be in writing
and sent by post or delivered to his office or to the address specified
by him for the purpose.

(2) Where the registration officer or returning officer or
revising officer is required by these regulations to notify any person,
such notifications shall be in writing and may be sent by post or
delivered to the address furnished by that person for the purpose
of such notification or of any record, or if there is no such address,
to the last known place of abode of that person.

34. (1) Any failure to publish a document in accordance Publication of
with these regulations shall not invalidate the document, but this documents.
provision shall not relieve the appropriate officer from any penalty
for such failure.

(2) A document which is made available for inspection in
pursuance of these regulations shall be made available during
ordinary business hours.

(3) Where a document is made available for inspection, any
person may make a copy of, or take extracts from, such document.

35. NO misnomer or inaccurate description of any person Misnomer.
or place in any notice, electors list, list of claims or objections,
corrupt and illegal practices list, absent voters and proxies list,
special list or register shall prejudice the operation of that document
with respect to that person or place in any case where the description
of the person or place is such as to be commonly understood.

36. (1) If any person fails to comply with or gives false Penalties-
information in pursuance of any such requirement of the
registration officer as is mentioned in regulation 23 or 25 he shall
be liable on summary conviction to a fine of seven hundred and
fifty dollars and to imprisonment for three months.

LAWS OF ANTIGUA AND BARBUDA

108 CAP. 379) Representation of the People

(2) If any person without lawful authority destroys, mutilates,
defaces or removes any notice published by the registration officer
or revising officer in connection with their duties or any copies
of ,a document which have been made available for inspection in
pufsuance of those duties, he shall be liable on summary conviction
to a fine of three hundred dollars.

THIRD SCHEDULE

Provisions which may be contained in Regulations
as to Registration etc.

1. Provisions authorising a registration officer to require any householder
or person owning or occupying any land or premises within the area for which
he acts or the agent or factor of any such person, to give information required
for the purpose of his registration duties.

2. Provisions laying down a timetable for the preparation of the register
and other matters, and providing that notices and other documents received by
the registration officer out of time may be or shall be disregarded either altogether
or for the purposes of a particular register or election.

3. (1) Provisions as to the evidence of age or nationality which may be
required in connection with a person's registration and provisions exempting
statutory declarations made for that purpose from stamp duty, and requiring any
fee payable in connection with the making of such declaration to be paid to the
registration officer.

(2) Provisions as to the evidence which shall or may be required, or be deemed
sufficient or conclusive evidence, in connection with a person's application to be
treated as an absent voter.

4. Provisions as to the cases in which a claim or objection may be determined
by the registration officer without a hearing, and as to a person's right in any
such cases to make written representations to him.

5 . Provisions authorising a registration officer to require any person's
evidence at a hearing before him to be given on oath and to administer oaths
for the purpose.

6. Provisions requiring copies of the electors lists, register and other
documents or prescribed parts thereof to be available for inspection by the public
at such places as may be prescribed.

LAWS OF ANTIGUA AND BARBUDA

Representation of the People (CAP. 379 109

7. Provisions authorising or requiring the registration officer to supply to
such persons as may be prescribed copies of the electors lists, register and other
documents or prescribed parts thereof, whether free of charge or on payment of
a prescribed fee.

8. (1) Provisions imposing pecuniary penalties (not exceeding fifteen
hundred dollars for any offence) on persons summarily convicted-

(a) of having failed to comply with, or given false information in
pursuance of, any such requisition of the registration officer as is mentioned
in paragraph 1 of this Schedule;

(6) of having, without lawful authority, destroyed, mutilated, defaced
or removed any notice published by the registration officer in connection
with his registration duties, or any copies of a document which have been
made available for inspection in pursuance of those duties.

(2) Any other provisions incidental or supplementary to those mentioned in
the foregoing paragraphs of this Schedule.