Parliamentary Election Amendment Act 2003
PARLIAMENTARY ELECTION AMENDMENT ACT 2003
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BERMUDA
2003 : 11
PARLIAMENTARY ELECTION AMENDMENT ACT 2003
[Date of Assent: 9 June 2003]
[Operative Date: 9 June 2003]
WHEREAS it is expedient to amend the Parliamentary Election
Act 1978 to make provisions consequential on the enactment of the
Bermuda Constitution (Amendment) Order 2003:
Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:
Citation
1 This Act which amends the Parliamentary Election Act 1978
(hereinafter referred to as "the principal Act") may be cited as the
Parliamentary Election Amendment Act 2003.
Repeals and replaces section 33 of principal Act
2 Section 33 of the principal Act is repealed and replaced by the
following
"Uncontested election
33 Where at the close of the period for the acceptance of
nomination of candidates at a parliamentary election in a
constituency only one person is duly nominated as a candidate
for the vacancy to be filled at that election, the Returning Officer
shall forthwith declare such duly nominated person to be elected
and shall return his name to the office of the Deputy Governor
with the writ of election duly completed and signed by him.".
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Repeals section 34 of principal Act
3 Section 34 of the principal Act is repealed.
Amends section 36 of principal Act
4 Section 36 of the principal Act is amended by deleting
subsection (1) and substituting the following
"(1) Subject to section 38, where at the close of the period for
the acceptance of nominations of candidates at a parliamentary
election in a constituency, more than one person has been duly
nominated as candidates in respect of the vacancy to be filled at
that election, then a poll shall be taken at the election room on
the polling day therefor.".
Amends section 37 of principal Act
5 Section 37 of the principal Act is amended by deleting
subsection (3) and substituting the following
"(3) Where a withdrawal from election pursuant to subsection
(1) renders the taking of a poll in the parliamentary election
unnecessary, the Returning Officer shall as soon as may be on
the polling day declare the candidate for election in the
constituency who has not withdrawn to be elected and shall
return his name to the office of the Deputy Governor with the
writ of election duly completed and signed by him.".
Amends section 38 of principal Act
6 Section 38 of the principal Act is amended in subsection (1) by
deleting the words "or vacancies".
Amends section 40 of principal Act
7 Section 40 of the principal Act is amended
(a) by deleting subsection (2) and substituting the
following
"(2) Where any parliamentary elector who is duly
registered in the parliamentary register for a
constituency in which a parliamentary election is
pending expects to be absent from Bermuda, or to travel
to or from Bermuda, on polling day, he may apply to the
Registrar for a certificate of intended absence or
intended travel, as the case may be, and the Registrar, if
satisfied that the application is made in good faith, shall
thereupon issue him with a certificate under his hand
for the purpose of enabling him to vote at an advanced
PARLIAMENTARY ELECTION AMENDMENT ACT 2003
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poll stating the name of such parliamentary elector and
the fact that he intends to be absent from Bermuda, or
to travel to or from Bermuda, as the case may be, on
polling day.";
(b) in subsection (3) by inserting next after the words
"absent from", the words ", or to travel to or from
Bermuda"; and
(c) in subsection (5) by deleting the word "candidates" and
substituting the words "a candidate".
Amends section 49 of principal Act
8 Section 49 of the principal Act is amended by deleting
subsection (2) and substituting the following
"(2) Notwithstanding anything contained in subsection
(1), in any case where a document produced by a person
as a means of identification is defective only because it
bears a date or date stamp showing that it expired
before the date of production, such document shall still
be accepted as valid or current as the case may be if the
document
(a) bears a photograph of the person from which the
person can be identified;
(b) bears the date of birth of the person and that date is
verified by the Returning Officer; and
(c) bears the signature of the person.".
Amends section 51 of the principal Act
9 Section 51 of the principal Act is amended by deleting
subsection (2) and substituting the following
"(2) A person voting at a parliamentary election in a
constituency shall not be entitled to vote for more than one
candidate on a ballot paper in respect of the vacancy to be filled
at that parliamentary election.".
Amends section 54 of principal Act
10 Section 54 of the principal Act is amended
(a) in subsection (1)
(i) by deleting paragraph (b) and substituting the
following
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"(b) on which votes are given for more than
one candidate at the parliamentary
election in the constituency concerned;";
and
(ii) in paragraph (d), by deleting the words "or
candidates, as the case may be,"; and
(b) in subsection (2)
(i) by deleting the words "one or more of the
candidates, as the case may be," and
substituting the words "one candidate"; and
(ii) in paragraph (c) by deleting the words "each
candidate" and substituting the words "a
candidate".
Amends section 56 of principal Act
11 Section 56 of the principal Act is amended in subsection (4) by
deleting the words "or candidates, as the case may be,".
Amends section 57 of principal Act
12 Section 57 of the principal Act is amended
(a) by deleting subsection (1) and substituting the
following
"(1) Where it appears to the Returning Officer
that as a result of an equality of votes cast between any
of the candidates for election it is not possible to declare
the election of a candidate as respects a vacancy falling
to be filled at a parliamentary election in the
constituency, then the Returning Officer shall report the
circumstances of the casting of the equality of votes to
the Deputy Governor forthwith."; and
(b) in subsection (2)
(i) by deleting all the words beginning with ", to the
extent" and ending with "declaration,"; and
(ii) by deleting the words "or vacancies" where they
appear for the second time.
Amends section 58 of principal Act
13 Section 58 of the principal Act is amended by deleting all the
words beginning with "or names" and ending with "declared" and
substituting the words "of the candidate who has been declared".
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Amends section 61 of principal Act
14 Section 61 of the principal Act is amended in subsection
(1)(a)(iv), by deleting the word "candidates" and substituting the word
"candidate".
Amends paragraph 4 of Schedule to principal Act
15 Paragraph 4 of the Schedule to the principal Act is amended by
deleting subparagraph (2)(a)(i) and substituting the following
"(i) every political party having a party candidate in the
election; and".
