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Parliamentary Election Amendment Act 2012

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Parliamentary Election Amendment Act 2012
FA E R
N

AT F
TQUO U

BERMUDA

PARLIAMENTARY ELECTION AMENDMENT ACT 2012

2012 : 17

TABLE OF CONTENTS

Citation
Amends section 3
Inserts section 10B and 10C
Amends section 19
Amends section 20
Amends section 24
Amends section 26
Amends section 32
Amends section 40
Amends section 44
Amends section 61
Amends section 76
Amends Parliamentary Election Rules 1979

WHEREAS it is expedient to amend the Parliamentary Election Act 1978;

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
This Act, which amends the Parliamentary Election Act 1978 (“the principal Act”),

may be cited as the Parliamentary Election Amendment Act 2012.

Amends section 3
Section 3 of the principal Act is amended by repealing subsection (4) and

substituting the following—

1
2
3
4
5
6
7
8
9
10
11
12
13

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2

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PARLIAMENTARY ELECTION AMENDMENT ACT 2012

For the purposes of section 55(3) of the Constitution and of this Act,
the qualifying date shall be—

the date on which a person applies for registration as an elector
under section 10(1); or

where a person is registered in the parliamentary register for a
constituency—

the date on which the Registrar is given notice of any change
in the elector’s registered particulars in accordance with
section 10A or 10C; or

if the Registrar is not given the notice referred to in
subparagraph (i), the date on which the Registrar notifies the
elector under section 10C that the elector is required to give
notice of any change in his registered particulars; or

in a case where the Legislature is dissolved and, upon that
dissolution, a constituency boundaries Order comes into
operation under section 54(6) of the Constitution, the date that
the Order comes into operation.”.

“(4)

(a)

(b)

(i)

(ii)

(iii)

Inserts section 10B and 10C
The principal Act is amended by, immediately after section 10A, inserting the

following—

“Person occupying premises to give information to the Registrar
The Registrar may require any person eighteen years or older who is

occupying any premises to give information required for the purposes of revising
the parliamentary register.

Without prejudice to the generality of subsection (1), the Registrar may,
for the purpose of obtaining the information required for the revision of the
parliamentary register, require any person eighteen years or older who is occupying
any premises to complete and return to him, within 14 days of its receipt by him,
such questionnaire as may be determined by the Registrar.

The duly completed questionnaire referred to in subsection (2) shall be
returned to the Registrar—

by, at the request of the Registrar or a registration officer, giving
the questionnaire to him;

by delivery to the office of the Registrar during the ordinary
working hours of that office; or

by registered post.

A questionnaire returned by registered post under subsection (3)(c)
shall be deemed to be delivered on the expiration of two days after it is posted.

10B (1)

(2)

(3)

(a)

(b)

(c)

(4)

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PARLIAMENTARY ELECTION AMENDMENT ACT 2012

Notwithstanding anything in any other provision of law, no postage
charge shall be levied on questionnaires sent to the Registrar by virtue of
subsection (3)(c).

Any person who without reasonable excuse fails to give any
information required under subsection (1) or to complete and return a
questionnaire in accordance with this section commits an offence:

Punishment on summary conviction: a fine of $200.

Transfer of registration
Where the Registrar has reasonable grounds to believe that an elector

is no longer ordinarily resident in the constituency in which he is registered but is
ordinarily resident in another constituency, the Registrar shall give notice that—

the elector is required to notify him, in the prescribed form, of any
change in his registered particulars; and

if the elector fails to so notify him within 14 days after the
Registrar’s notice, the Registrar intends to transfer the elector’s
registration to the constituency in which the elector is qualified to
be registered.

Notice under subsection (1) shall—

be given in such manner as the Registrar believes will best bring
the notice to the attention of the elector and, without prejudice to
the generality of the foregoing, may be done by publication of a
notice in the Gazette;

inform the elector of the constituency to which it is intended to
transfer his registration;

inform the elector that the elector is required, within 14 days after
the Registrar’s notice is given, to either—

give notice in the prescribed form of any change in his
registered particulars; or

object to the intended transfer of his registration; and

inform the elector—

of the manner in which notice under paragraph (c)(i) is to be
given;

of the manner in which an objection under paragraph (c)(ii) is
to be given; and

that if neither a duly completed notice of change in the elector’s
registered particulars nor an objection to the transfer in
registration is received by the Registrar before the expiration of
14 days after the date on which notice is given under

(5)

(6)

10C (1)

(a)

(b)

(2)

(a)

(b)

(c)

(i)

(ii)

(d)

(i)

(ii)

(iii)

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PARLIAMENTARY ELECTION AMENDMENT ACT 2012

subsection (1), the Registrar intends to transfer the elector’s
registration accordingly.”.

Amends section 19
Section 19(1) of the principal Act is amended by, immediately after “section”,

inserting “10C,”.

Amends section 20
Section 20 of the principal Act is amended by—

in the heading, deleting “draft registers” and substituting “parliamentary
register”;

in paragraph (aa), immediately after “10A”, inserting “or 10C”; and

immediately after paragraph (aa), inserting the following—

to transfer to another constituency the registration of an elector to
whom notice has been given under section 10C(1) and from whom
neither a completed notice of change in registered particulars nor
an objection to the transfer has been received within the 14-day
period referred to in section 10C(2)(d)(iii);

in accordance with section 26;”.

“(ab)

(ac)

Amends section 24
Section 24(1) of the principal Act is amended by, immediately after “under section”,

inserting “10C,”.

Amends section 26
Section 26 of the principal Act is amended by renumbering the existing section as

subsection (1) and, immediately after that subsection, inserting the following—

As soon as practicable after the coming into force of the order referred
to in subsection (1), the Registrar shall publish, in the Gazette, notice that the order
is in operation and that, in consequence, certain constituency boundaries have
changed and that a revised parliamentary register for the general election is
available for inspection at such places as are specified in the notice.”.

“(2)

Amends section 32
Section 32 of the principal Act is amended—

in subsection (1), by deleting “the election room appointed for the
parliamentary election” and substituting “such place as the Registrar shall,
by notice published in the Gazette, appoint”; and

in subsection (7), by deleting “election rooms” and substituting “place
appointed for accepting nominations”.

4

5

(a)

(b)

(c)

6

7

8

(a)

(b)

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PARLIAMENTARY ELECTION AMENDMENT ACT 2012

Amends section 40
Section 40 of the principal Act is amended—

in the section heading, by deleting “sick, infirm and absent voters” and
substituting “voters who are sick, infirm, absent or have polling duties”;

by, immediately after subsection (2), inserting the following—

Where—

the Registrar, a returning officer, presiding officer, candidate or
election agent; or

a police officer or other person certified by the Registrar to be
employed at the polling on polling day,

is duly registered in the parliamentary register for a constituency in which a
parliamentary election is pending, it shall be lawful for such parliamentary elector
to record his vote at an advanced poll to be held for that purpose at such place on
such date as the Registrar appoints.

The date appointed under subsection (2A) shall be a date not earlier
than the publication, under section 26A(5), of the revised parliamentary register for
the parliamentary election.”;

“(2A)

(a)

(b)

(2B)

in subsection (3) by deleting “not earlier than seven days prior to the polling
day” and substituting “or dates not earlier than the publication of the
revised parliamentary register for a parliamentary election under section
26A(5)”; and

by, immediately after subsection (3), inserting the following—

An advanced poll referred to in subsection (3) may be held on one, two
or more days.”.

“(3A)

Amends section 44
Section 44(1) of the principal Act is amended by deleting “ten o’clock” and

substituting “eight o’clock”.

Amends section 61
Section 61(2) of the principal Act is amended by—

deleting the full stop at the end of paragraph (b) and substituting “; or”;
and

immediately after paragraph (b), inserting the following—

any person who assembles or congregates in the manner referred
to in that subsection, if he so assembles and congregates—

on private property; and

“(c)

(i)

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(a)

(b)

(c)

(d)

10

11

(a)

(b)

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PARLIAMENTARY ELECTION AMENDMENT ACT 2012

that private property is not the property on which the election
room is situated.”.

(ii)

Amends section 76
Section 76(1) of the principal Act is amended by—

in paragraph (a), deleting “, scrutineers and other persons not in
Government service” and substituting “and other persons”; and

immediately after paragraph (a), inserting the following—

the fees to be paid to registration officers and scrutineers in respect
of such functions as may be specified in the rules;”.

“(aa)

Amends Parliamentary Election Rules 1979
The Parliamentary Election Rules 1979 are amended—

by repealing rule 3(1) and replacing it with the following—

The fees set out in the Second Schedule shall be paid to—

persons who discharge duties in connection with a parliamentary
election; and

registration officers and scrutineers who discharge duties under
the Act.”; and

“(1)

(a)

(b)

in the First Schedule by—

in the note at the end of Form 1, deleting “, Parliament Street, Hamilton”
both times it occurs;

in paragraph (2) of the notes at the end of Form 1A, deleting “,
Parliament Street, Hamilton” both times it occurs;

in the heading of Form 2, immediately after “10A”, inserting “and
10C”; and

at the end of Form 2, inserting the following—

“WARNING: Section 145 of the Criminal Code makes it a criminal offence for a person
to give any public officer information which that person does not believe to be true
intending thereby to cause, or knowing it to be likely to cause, any public officer to
do or omit to do anything which such public officer would not otherwise do or omit to
do.

Note: This form may be completed in person at the offices of the Parliamentary
Registrar, or may be delivered to the offices of the Parliamentary Registrar.”; and

by repealing the Second Schedule and replacing it with the following—

12

(a)

(b)

13

(a)

(b)

(i)

(ii)

(iii)

(iv)

(c)

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PARLIAMENTARY ELECTION AMENDMENT ACT 2012

“SECOND SCHEDULE

(Rule 3(1))

The following persons shall be paid the specified fees for discharging the
following duties under the Act—

Scrutineers: $15 per meeting
Registration Officers: $15 per investigation of a person’s registered

particulars that is approved as complete by the
Registrar.

Returning Officers: $500 a contested election.

Returning Officers: $150 an uncontested election.

Returning Officers: $500 an advanced poll. If the advanced poll is held
on more than one day, $500 in respect of each day
of the advanced poll.

Returning Officers: $150 for nomination day.

Presiding Officers: $20 per hour for discharging duties on polling day,
and at an advanced poll, between the hours of 7:00
in the forenoon and 8:00 in the afternoon and
thereafter, when requested by the Returning
Officer to assist in the counting of ballots, $25.00
per hour. Presiding officers who are public officers
shall be paid fees in respect of only the hours they
discharge such duties outside of their normal
working hours.

Other persons employed
temporarily to assist in the
election procedure:

$10 per hour. Persons so employed who are public
officers shall be paid fees in respect of only the
hours they are so employed outside of their normal
working hours. ”.

[Assent Date: 04 May 2012]

[Operative Date: 04 May 2012]

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