Village Councils Act - Subsidiary

Link to law: http://www.belizelaw.org/web/lawadmin/PDF%20files/cap088s.pdf
Published: 2000

CAP. 088, VILLAGE COUNCILS ACT- SUBSIDIARY LAW BELIZE

VILLAGE COUNCILS ACT CHAPTER 88

REVISED EDITION 2003 SHOWING THE SUBSIDIARY LAWS AS AT 31ST OCTOBER, 2003

This is a revised edition of the Subsidiary Laws, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Substantive Laws of Belize, Revised Edition 2000.

ARRANGEMENT OF SUBSIDIARY LAWS

BELIZE

VILLAGE COUNCILS ACT CHAPTER 88

REVISED EDITION 2003 SHOWING THE SUBSIDIARY LAWS AS AT 31ST OCTOBER, 2003

This is a revised edition of the Subsidiary Laws, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Substantive Laws of Belize, Revised Edition 2000.

This edition contains a consolidation of the following laws- Page

VILLAGE COUNCILS (ELECTIONS) REGULATIONS 3 - 14

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CHAPTER 88

VILLAGE COUNCILS (ELECTIONS) REGULATIONS

ARRANGEMENT OF REGULATIONS

1. Short title.

2. Interpretation.

3. Procedure for conducting elections.

4. Extent of application.

5. Commencement.

FIRST SCHEDULE

SECOND SCHEDULE

____________

CAP. 88]

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Village Councils

CHAPTER 88

VILLAGE COUNCILS (ELECTIONS) REGULATIONS (Section 35)

[12th July, 2003.]

1. These Regulations maybe cited as the

VILLAGE COUNCILS (ELECTIONS) REGULATIONS.

2. In these Regulations, “Ministry” means the Ministry responsible for local government.

3. Subject to the provisions of the Village Councils Act, all village council and community council elections shall be conducted in accordance with the procedure set out in the First Schedule to these Regulations.

4. These Regulations shall apply to all village council and community council elections held under the Village Councils Act.

5. These Regulations shall come into force on the 14th day of July, 2003.

MADE by the Elections and Boundaries Commission, after consultation with the National Association of Village Councils, this 1st day of July, 2003.

(KARL H. MENZIES) Chairman

Elections and Boundaries Commission

100 of 2003. Ch. 88.

Short title.

Interpretation.

Procedure for conducting elections. CAP. 88. First Schedule

Extent of application. CAP. 88.

Commencement.

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FIRST SCHEDULE [Regulation 2]

1. (1) Subject to paragraph (2) below, all village council and community council elections shall be conducted by the Ministry.

(2) The Ministry shall conduct and supervise all village council and community council elections save and except for those villages with an electorate of seven hundred (700) or voters whose elections shall be supervised only by the Elections and Boundaries Commission.

2. (1) Any person shall be eligible to be elected as Chairperson or a member of a council who:-

(a) is a citizen of Belize; and

(b) has ordinarily resided in the village or the community (as the case may be) for at least one year immediately preceding the date of the election; and

(c) is at least eighteen years old.

(2) A person shall be disqualified from being the Chairperson or a member of a council if found to be of unsound mind under any law in force in Belize.

3. (1) In order to vote at an election, a person shall

(a) be a citizen or a permanent resident of Belize; and be at least eighteen years of age; and

(b) have ordinarily resided in the village or the community concerned (as the case may be) for at

Authority to conduct elections.

Qualifications of Chairperson and members of councils.

Who may vote.

CAP. 88]

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Village Councils

least two months immediately preceding the date of the election; and

(c) be of sound mind; and

(d) produce some means of identification, such as a Voter’s ID card, driver’s licence, birth certificate, social security card, or any other form of identification approved by the Ministry.

(2) The Elections and Boundaries Commission shall make available to the Ministry the list of electors for those villages with an electorate of seven hundred (700) or more voters to be used as a guide only for voting purposes.

4. (1) The Ministry shall appoint an election day and time for each village and community council at least seven days before the date set for the election, and different election days may be appointed for different villages and communities.

(2) After the date and time for a village or community council election has been appointed by the Ministry pursuant to sub-paragraph (1) above, it shall cause the same to be properly advertised by:

(a) regular radio announcements;

(b) placing notices strategically in the village or the community, e.g., at grocery shops, bars, etc.;

(c) requesting the local Pastor to announce it in the Church;

(d) requesting the assistance of teachers;

(e) house-to-house visits; or

Election day and publicity regarding elections.

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(f) any other appropriate means.

5. (1) The Ministry shall appoint an Election Clerk for each village and community council election, and such other supporting staff only from the Ministry (including scrutineers and recorders) as may be considered necessary.

(2) The Ministry shall appoint such number of Supervisors, as it may consider necessary to supervise the conduct of elections.

(3) All election staff including Election Clerks and Supervisors shall be appointed only from the Ministry.

6. On the day of an election, the Election Clerk shall ensure that the following material is available at the polling station:

(a) black-board(s),

(b) chalk/dusters,

(c) scrap paper,

(d) pens/pencils,

(e) chairs and tables,

(f) any other material as may be necessary.

7. At every election, the electors shall elect a person as Chairperson of the council and six other persons as members who shall together form the village council or the community council, as the case may be.

8. (1) On the day of the election, at such time as maybe prescribed by the Ministry, the Election Clerk shall be present at the polling station and

Appointment of Election Clerks and Supervisors and other staff.

Material for elections.

Election of Chairperson and members.

Nomination of Chairperson and members.

CAP. 88]

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shall explain the election rules to all persons present at the polling station.

(2) The Election Clerk shall then invite nominations of candidates from the floor, first for the Chairperson and then for the members of the council.

(3) Every candidate shall be nominated by an eligible elector and seconded by a second eligible elector.

(4) A person who is nominated must accept his nomination before his name is placed on the blackboard.

(5) After the nominations for the Chairperson have been closed, the names of the nominated candidates will be placed on the blackboard in the order in which they were nominated with the relevant number placed beside their names (e.g., if John Jones is nominated first, his name will be placed on the blackboard with the number ‘one’ beside it).

(6) The Election Clerk shall then invite nominations for members of the council and the same process will be repeated as for nominations for the Chairperson. The names of nominated candidates will be placed on the blackboard in the order in which they were nominated with the relevant number placed beside their names.

(7) No person shall be accepted as a candidate in absentia unless he or she has sent a written acceptance to the Election Clerk.

9. (1) After the nominations have been closed, voting will take place in the manner herein prescribed.

(2) The name of each voter will be called and he will be given two slips of blank paper bearing the stamp of the Ministry, one for the election of the Chairperson and the other for the election of members.

(3) On one slip of paper, the voter will place the number or name

Voting.

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of one person out of the nominated candidates for election as Chairperson. On the second slip of paper, the voter will place the number of names of six persons out of nominated candidates for election as members.

(4) A voter will be entitled to vote only for one candidate for election as Chairperson and only for six candidates for election as members. A vote will be considered as spoilt if a voter votes for more than one candidate for election as Chairperson or for more than six candidates for election as members.

(5) After marking the two slips of papers, the voter will fold them and drop the same in the respective box in the presence of the Election Clerk. There will be two boxes one for the election of the Chairperson and the other for the election of members.

(6) Those voters who are visually or otherwise impaired and are unable to mark their papers on their own will be assisted by the Election Clerk and his staff. The Election Clerk (or his staff) will first read out the names of the nominated candidates to the voter and then ask the voter to indicate the names of the candidates of his choice. The official assisting the voter will then mark the papers in accordance with the instructions of the voter.

(7) The voting will close at such time as may be fixed for each village or community by the Ministry having regard to the number of voters at such village or community, except that those persons already in the queue will be allowed to cast their votes even after the closing time.

(8) No voter will be allowed to vote by proxy.

10. (1) After the poll has closed, the counting of votes will take place as herein prescribed.

(2) The Election Clerk shall count the votes slowly and in an audible voice so as to give the recorder sufficient time to record the votes.

Counting.

CAP. 88]

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(3) The Election Clerk will request the scrutineers to pay keen attention to the counting process. He shall hold up each paper until it is properly recorded before putting it aside.

(4) The Election Clerk will have his back turned towards the blackboard when counting the votes.

(5) All spoilt votes will be kept separately and will not be counted.

11. (1) The candidate receiving the highest number of votes for the election of the Chairperson will be declared elected as the Chairperson of the council.

(2) The six candidates receiving the highest number of votes for the election of members shall be declared elected as members of the Council.

(3) In the event of a tie for the Chairperson or for the sixth place as a member, the matter will be resolved by the toss of a coin.

12. Within two days of the conclusion of each election, the Election Clerk shall send a report to the Ministry with a copy to the Elections and Boundaries Commission in the form set out in the Second Schedule to these Regulations.

13. Any complaints about the conduct or result of the elections shall be referred to the Elections and Boundaries Commission whose decision thereon shall be final.

14. A contravention of any of these Regulations may be declared to be an illegal practice and any person committing or taking part in the commission of such illegal practice shall be liable on summary conviction to a fine not exceeding three thousand dollars or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment.

Result of election.

Reporting of results.

Complaints about elections.

Contravention of Regulations.

Second Schedule.

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SECOND SCHEDULE

REPORT ON VILLAGE/COMMUNITY COUNCIL ELECTION

Name of Village/community _________________ District _____________

Date of election ______________________________________________

Total number of Time of election ____________________ votes cast______________

Total number of Venue of election ___________________ spoilt votes ____________

Election Clerk _____________________ Scrutineers

Supervisor (if any) __________________ (1) ___________________

Recorder _________________________ (2) ___________________

(3) ___________________

CAP. 88]

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Village Councils

NOMINATIONS FOR CHAIRPERSON

NOMINEES NOMINATED BY SECONDED BY

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

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NOMINATIONS FOR MEMBERS

NOMINEES NOMINATED BY SECONDED BY

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

CAP. 88]

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Village Councils

ELECTED OFFICERS

CERTIFICATE IN CONNECTION WITH CONDUCT OF ELECTION

I, _____________________________ the Election Clerk for the above village/community hereby certify that the election was conducted fairly and in accordance with the rules, and that the above is the true result of the election.

___________________ _______________ Election Clerk Date

NAME POSITION NO. OF VOTES

OBTAINED

1. CHAIRPERSON

2. MEMBER

3. MEMBER

4. MEMBER

5. MEMBER

6. MEMBER

7. MEMBER
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