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Referendum Act 2012

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Referendum Act 2012
FA E R
N

AT F
TQUO U

BERMUDA

REFERENDUM ACT 2012

2012 : 23

TABLE OF CONTENTS

PART 1
PRELIMINARY

Citation
Interpretation
Meaning of ordinarily resident

PART 2
GENERAL PROVISIONS

Entitlement to vote
Functions of Parliamentary Registrar

PART 3
CALLING OF REFERENDUM

Holding of referendum and answer to question
Publication of referendum notice
Notice of referendum by Registrar
Publication of parliamentary register for referendum
Power to postpone referendum
Duties of Returning Officers
Delivery of parliamentary registers etc. to Returning Officers

PART 4
TAKING OF REFERENDUM POLL

Special interpretation
Taking of poll
Duration of poll
Advanced polls for voters who are sick, infirm, absent or have polling duties

1
2
3

4
5

6
7
8
9
10
11
12

13
14
15
16

1

REFERENDUM ACT 2012

Advanced polls for incapacitated voters
Conduct of advanced polls
General duties of Returning Officer as to taking of poll
Adjournment of poll in special circumstances
Rules for taking a poll
Ballot paper
Premises not to be used as committee room

PART 5
POLLING PROCEDURE

Issue of ballot papers
Identification of intending voters
Challenge of intending voters
Marking the ballot paper
Incapacitated voters
Spoilt ballot papers
Void ballot papers
Arrest of voter for personation

PART 6
CLOSE OF POLL PROCEDURE

Count of ballots
Declaration and publication of referendum results

PART 7
OFFENCES

Secrecy during and after poll
Misconduct at referendum
Returning Officer to be conservator of peace
No person to carry offensive weapons or propaganda apparatus on polling day
Bribery
Undue influence
Punishment for bribery and undue influence
Personation and voting if not qualified
Offences relating to voting
Supplying intoxicating liquor by way of organized treating
Disqualifications
Publishing of forms
Breaches of official duty
General penalty

PART 8
MISCELLANEOUS

Registrar to retain documents
Rules
Duty of Commissioner of Prisons
Printing of forms at public expense

17
18
19
20
21
22
23

24
25
26
27
28
29
30
31

32
33

34
35
36
37
38
39
40
41
42
43
44
45
46
47

48
49
50
51

2

REFERENDUM ACT 2012

Fees
Ad hoc committee

WHEREAS it is expedient to enact legislation that sets out the framework for the
conduct of a referendum;

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:

PART 1

PRELIMINARY

Citation
This Act may be cited as the Referendum Act 2012.

Interpretation
In this Act, unless the context otherwise requires—

“Committee” means an ad hoc committee appointed under section 53;

“excepted day” means a Sunday or other public holiday as defined by the Public
Holidays Act 1947;

“observers” has the meaning given in section 14(4), and “observer” has a
corresponding meaning;

“parliamentary register” means the parliamentary register prepared, revised and
maintained by the Registrar pursuant to section 7(1) of the Parliamentary
Election Act 1978, and includes a part of the register relating to a constituency;

“person” means an individual natural person;

“polling day” means the day appointed in a referendum notice, under section 7, for
a referendum to take place;

“polling place” means that part of a polling room which is set aside, and separated
by a barrier, from the other parts of the polling room pursuant to rule 1(1)(b)
of the Rules contained in Schedule 1;

“polling room” means the place appointed for the voting at a referendum to take
place;

52
53

1

2 (1)

3

REFERENDUM ACT 2012

“referendum” means the taking of a poll on the referendum question or questions,
the counting of the ballots, and the declaration of the results of the referendum,
in accordance with this Act;

“referendum notice” means a notice under section 7 appointing the day for the
holding of a referendum;

“referendum question” means a question referred to in section 6(1)(a);

“Registrar” means the Parliamentary Registrar appointed under section 6 of the
Parliamentary Election Act 1978;

“Returning Officer” has the meaning given in section 11 and, to the extent that a
presiding officer appointed pursuant to section 11(3) is authorized to exercise
the powers or perform the duties of a Returning Officer, includes such presiding
officer;

“voter” means a person entitled to vote at a referendum in accordance with section
4;

“voter’s identification card” means a card for which provision is made in section 25
of the Parliamentary Election Act 1978;

In reckoning a period of time for any of the purposes of this Act all days,
whether excepted days or not, shall be counted unless it is otherwise expressly provided.

Where in this Act any person is required to make or sign a declaration he shall
do so on oath or with solemn affirmation.

Meaning of ordinarily resident
Subject to this section, the place where a person is ordinarily resident shall be

taken to be—

if the person is a married person, the place where his family lives and sleeps
and to which, when away he intends to return or, if he is living apart from
his family with the intent of remaining apart from it, then the place where
he lives and sleeps and to which when away he intends to return, without
regard to the place where he takes his meals or is employed; and

if the person is unmarried, then the place where he lives and sleeps the
majority of the time.

No person shall, for the purpose of this Act, be deemed to be ordinarily resident
in lodgings, or a hostel, refuge or similar institution conducted for charitable or benevolent
purposes, unless that person has been in continuous residence in such lodgings or such
hostel, refuge or similar institution for at least ten days immediately preceding the day on
which the referendum notice is published under section 7 and intends to live there
indefinitely.

No person shall, for the purposes of this Act, be deemed to be ordinarily
resident in a hospital, a home for the aged, or other institution for the treatment of any
chronic illness or disability unless that person has been in continuous residence therein

(2)

(3)

3 (1)

(a)

(b)

(2)

(3)

4

REFERENDUM ACT 2012

for at least ten days immediately preceding the day on which the referendum notice is
published under section 7 and intends to live there indefinitely.

A person shall not be deemed to have changed his place of ordinary residence
by reason only of his absence from Bermuda for a period of not more than six months if he
intends to continue to reside in Bermuda.

PART 2

GENERAL PROVISIONS

Entitlement to vote
Subject to subsection (2), a person is entitled to vote at a referendum if, and

only if, on the polling day, he is registered in accordance with the Parliamentary Election
Act 1978 as an elector in the parliamentary register of any constituency.

Notwithstanding that a person may be registered in the parliamentary register
of a constituency, he is not entitled to vote at a referendum if, on the polling day—

he has ceased to be a Commonwealth citizen;

he has ceased to be ordinarily resident in Bermuda;

he is registered in the parliamentary register of more than one
constituency;

he is disqualified from voting at a referendum under section 44, or from
voting at a parliamentary election under section 71 of the Parliamentary
Election Act 1978;

he is in prison or detained in a senior training school or having been
sentenced to a term of imprisonment, preventive detention or corrective
training the adjudged term of his sentence has not yet expired, whether or
not he is then at large on licence, unless he has been granted a free pardon
or has been granted remission under section 10 of the Prisons Act 1979;
or

he is a person suffering from a mental disorder within the meaning of the
Mental Health Act 1968 or is otherwise adjudged to be of unsound mind
under any statutory provision.

Functions of Parliamentary Registrar
Subject to this Act, the Parliamentary Registrar (“the Registrar”) shall—

be responsible for the conduct of a referendum; and

exercise general supervision and control over the conduct of Returning
Officers in and about the conduct of a referendum.

Expenses incurred by the Registrar pursuant to the conduct of a referendum
shall be defrayed from moneys provided by the Legislature.

(4)

4 (1)

(2)

(a)

(b)

(c)

(d)

(e)

(f)

5 (1)

(a)

(b)

(2)

5

REFERENDUM ACT 2012

PART 3

CALLING OF REFERENDUM

Holding of referendum and answer to question
Where an Act requires that a referendum be held—

the question or questions to be answered at the referendum shall be set
out in that Act; and

subject to anything to the contrary in that Act, the referendum shall be
conducted in accordance with the provisions of this Act.

The ballot paper to be used for the purposes of a referendum shall be in the
form set out in Schedule 2.

Any question to be answered at a referendum shall be answered by a voter, in
accordance with Schedule 1, marking his ballot paper with either an affirmative (“Yes”) vote
or a negative (“No”) vote.

A referendum question shall be taken to be answered in the affirmative (“Yes”)
if, and only if—

50 per cent or more of the persons who are registered in the parliamentary
register, published under section 9(b) for the referendum, vote at the
referendum; and

more than 50 per cent of the persons voting at the referendum mark their
ballot “Yes”.

A referendum question shall be taken to be answered in the negative (“No”) if,
and only if—

50 per cent or more of the persons who are registered in the parliamentary
register, published under section 9(b) for the referendum, vote at the
referendum; and

more than 50 per cent of the persons voting at the referendum mark their
ballot “No”.

A referendum question shall be taken to be unanswered if—

less than 50 per cent of the persons who are registered in the parliamentary
register, published under section 9(b) for the referendum, vote at the
referendum; or

the question has otherwise not been answered in the affirmative (”Yes”) in
accordance with subsection (4), or in the negative (“No”) in accordance with
subsection (5).

For the avoidance of doubt, unless required by an Act referred to in subsection
(1)(a) that is subsequent to a referendum in respect of which a referendum question is taken
to be unanswered, another referendum shall not be held in respect of the same question.

6 (1)

(a)

(b)

(2)

(3)

(4)

(a)

(b)

(5)

(a)

(b)

(6)

(a)

(b)

(7)

6

REFERENDUM ACT 2012

Publication of referendum notice
Within 90 days after an Act referred to in section 6(1) (requiring a referendum

to be held) comes into operation, the Premier shall commence the referendum by, after
consultation with the Parliamentary Registrar, publishing a referendum notice in
accordance with subsection (2).

The Premier shall by notice published in the Gazette appoint the day for the
holding of the referendum, being a day—

not earlier than the thirtieth day after the day on which that notice is so
published; and

not later than the sixtieth day after the day on which that notice is so
published.

Notice of referendum by Registrar
The Registrar shall, as soon as practicable after a referendum notice is

published under section 7, also give notice of the holding of the referendum by publication
of a notice in two successive publications of the Gazette and in at least one other newspaper
circulating in Bermuda.

Every such notice shall specify—

the polling day;

the polling room, or polling rooms, for the holding of the referendum; and

the question or questions to be answered at the referendum.

A polling room appointed for a referendum shall be a building or part of a
building which is not licensed for the sale of intoxicating liquor.

Publication of parliamentary register for referendum
Where the Premier publishes a referendum notice pursuant to section 7—

the registration of voters shall immediately close; and

the Registrar shall, within seven days after the publication of the
referendum notice, publish the parliamentary register that is to be used for
the referendum.

Power to postpone referendum
Where at any time between the publication of a referendum notice and the

polling day appointed by that notice, the Premier is satisfied that it is expedient so to do by
reason of—

Bermuda having become, or being likely to become, engaged in any war;

a state of emergency having been proclaimed under section 14(3) of the
Constitution;

7 (1)

(2)

(a)

(b)

8 (1)

(2)

(a)

(b)

(c)

(3)

9

(a)

(b)

10 (1)

(a)

(b)

7

REFERENDUM ACT 2012

the occurrence of an earthquake, hurricane, flood or fire, or the outbreak
of a pestilence or an infectious disease or other calamity whether similar
to the foregoing or not;

the likelihood that the parliamentary register will not be available before
the polling day; or

the occurrence of rioting, open violence or other civil disturbance which
has caused, or is likely to cause, such interruption or abandonment of the
electoral process as to prejudice the holding of a fair referendum,

he may by notice published in the Gazette cancel the polling day and appoint another day,
not being more than thirty days after that notice is published, to be the polling day instead.

Where the polling day (“the original day”) appointed by a referendum notice is
postponed by virtue of this section to another day (“the substitute day”), any reference in
this Act or in any Rules made under this Act to the original day shall, if the context so
requires, be construed as a reference to the substitute day and not the original day.

Where the polling day appointed by a referendum notice is postponed by notice
by virtue of this section, the Premier may by that notice or by a later notice published in
the Gazette if, in his opinion, the polling room appointed for the original day (“the original
polling room”) will not be available for the purposes of the referendum, appoint another
polling room (a “substitute polling room”) for those purposes instead; and, where a
substitute polling room has been so appointed, any reference in this Act or in any Rules
made under this Act to the original polling room shall, if the context so requires, be
construed as a reference to the substitute polling room and not the original polling room.

Duties of Returning Officers
In this Act “Returning Officer” means the Justice or Justices of the Peace

charged by the Registrar, in writing, with the duty of conducting a referendum in respect
of the parliamentary register for a constituency.

Where two or more Justices of the Peace are charged with the duty of
conducting a referendum in respect of the parliamentary register for the same constituency,
then so far as is reasonably practicable and subject to this Act they shall act jointly in the
discharge of that duty, but the exercise of the powers conferred upon Returning Officers by
this Act by any one or more of the Justices so charged shall be as valid and effectual as the
exercise of those powers by all of them and no proceedings relating to a referendum shall
be liable to be impugned on the ground that anything required or authorized to be done by,
to or before the Returning Officer was done by, to or before one or more but not all of the
Justices.

The Returning Officer, after consultation with the Registrar, may appoint one
or more persons approved by the Registrar as presiding officers to assist him in the
discharge of his duties and in particular may appoint any one of them to preside at the
polling room during any temporary absence of the Returning Officer therefrom and any
presiding officer so appointed shall on behalf of the Returning Officer exercise such powers
and perform such duties as he may be authorized to exercise and perform by the Returning
Officer.

(c)

(d)

(e)

(2)

(3)

11 (1)

(2)

(3)

8

REFERENDUM ACT 2012

The Registrar may, subject to this Act, give Returning Officers generally or any
particular Returning Officer such directions as he may think necessary and appropriate for
ensuring the efficient and orderly conduct of a referendum and it shall be the duty of each
Returning Officer to conform to any directions so given.

Delivery of parliamentary registers etc. to Returning Officers
Before eight o’clock in the forenoon of polling day for a referendum, the

Registrar shall deliver to the Returning Officer the parliamentary register for the
constituency for which the Returning Officer is responsible, certified under the Registrar’s
hand to be correct.

The Returning Officer shall retain the parliamentary register in his custody
until the conclusion of the referendum and shall then deliver it back to the Registrar.

PART 4

TAKING OF REFERENDUM POLL

Special interpretation
A Returning Officer may, if so directed by the Registrar, assume particular

responsibility for the taking of the poll in relation to a particular part of the parliamentary
register for a constituency including the supervision and control of a separate ballot box in
relation to that part and in that event all references in this Part and in the Rules contained
in Schedule 1 to the Returning Officer, a voter, a ballot box, the parliamentary register or
ballot paper or a polling place within the polling room shall be construed as references to
the particular Returning Officer and to those matters within his responsibility for the taking
of the poll in relation to that particular part only of the parliamentary register, unless the
context otherwise requires.

Taking of poll
Subject to sections 16 and 17, a poll on the referendum question, or questions,

shall be taken at the polling room, or rooms, on the polling day.

In the taking of a poll at a referendum the voting shall be by ballot and—

every voter desiring to vote at the referendum shall have facilities for voting
in secrecy, freely and without interference; and

every voter who votes at the referendum shall do so in secrecy, freely and
without interference.

Every voter shall, if he is in employment, be entitled to receive from his
employer without penalty sufficient time off work on the polling day to enable him to travel
to the polling room and there record his vote.

Each political party which is represented in the House of Assembly may, in
writing addressed to the Registrar, designate two observers per constituency to attend at
the poll.

(4)

12 (1)

(2)

13

14 (1)

(2)

(a)

(b)

(3)

(4)

9

REFERENDUM ACT 2012

The Registrar may, in his absolute discretion, for the purposes of operational
efficiency allow only one of the two observers referred to in subsection (4) into the polling
room at any one time.

Duration of poll
Subject to sections 16 to 18, the poll in a referendum shall be taken on the

polling day between the hours of eight o’clock in the forenoon and eight o’clock in the
afternoon.

If at the hour of closing of the poll there are any voters in the polling room, or
in line at the door, who are qualified to vote and have not been able to do so since their
arrival at the polling room, the poll shall be kept open a sufficient time to enable them to
vote before the outer door of the polling room is closed, but no person who is not actually
present at the polling room at the hour of closing shall be allowed to vote, even if the poll
is still open when he arrives.

Advanced polls for voters who are sick, infirm, absent or have polling duties
Where any voter who is duly registered in the parliamentary register is, or is

likely to be, on the polling day an inmate of any institution registered under subsection (5)
and to be prevented by illness, infirmity or disability from travelling to the polling room, it
shall be lawful for such voter to record his vote at an advanced poll to be held for that
purpose at such institution on such date prior to the polling day, and at such place, as shall
be appointed by the Registrar.

Where any voter who is duly registered in the parliamentary register 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 poll stating the name of such voter 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.

Where—

the Registrar, a Returning Officer, presiding officer or observer; 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, it shall be lawful for such person to record
his vote at an advanced poll to be held for that purpose at such place and on such date as
the Registrar appoints.

Advanced polls for voters intending to be absent from Bermuda shall be held
at such places and on such dates as the Registrar may by notice published in the Gazette
appoint for the purpose, and it shall be lawful for every such voter, on production of a
certificate issued under subsection (2), to record his vote at such an advanced poll.

Any hospital, home for the aged or other institution for the treatment of any
chronic illness or disability with permanent accommodation for five or more patients may

(5)

15 (1)

(2)

16 (1)

(2)

(3)

(a)

(b)

(4)

(5)

10

REFERENDUM ACT 2012

apply to the Registrar for registration for the purposes of subsection (1) and the Registrar
may, if he is satisfied that it is reasonable to hold an advanced poll in such place, so register
it.

Advanced polls for incapacitated voters
Without prejudice to section 28, where any voter who is duly registered in the

parliamentary register is unable or likely to be unable by reason either of illness, infirmity
or disability to travel to the polling room, it shall be lawful for such voter to record his vote
at an advanced poll to be held for that purpose at such place or places, and on such date
or dates, as the Registrar may by notice in the Gazette appoint for the purpose.

For the purpose of voting at an advanced poll referred to in subsection (1), such
voter must apply to the Chief Medical Officer for a specially issued card certifying incapacity
and the Chief Medical Officer, if satisfied that the applicant is incapacitated, shall
thereupon issue him with such a card under his hand for the purpose of enabling him to
vote at an advanced poll, stating the name of such voter and the fact that he is
incapacitated.

Any voter desiring to vote at any advanced poll referred to in subsection (1)
shall, upon the production of a specially issued card certifying incapacity under this
section, be allowed to vote in like manner as he would have been entitled so to do on the
day appointed for the taking of the poll.

Conduct of advanced polls
At any advanced poll held in accordance with section 16 or 17 a ballot box, or

ballot boxes, shall be provided and at the close of such advanced poll the ballot papers shall
without any examination be placed in a packet, or packets, and sealed by the officer
conducting the poll, each such packet clearly designating the number of ballot papers it
contains and the constituency to which it relates.

Each sealed packet of ballot papers taken at an advanced poll shall be
immediately given by the officer conducting the poll to the Registrar to be kept intact in his
office until delivery by him on polling day to the Returning Officer for the constituency to
which the packet relates.

The Returning Officer shall open every packet of ballot papers delivered to him
pursuant to subsection (2) immediately before the commencement of the poll in the
presence of any persons who are lawfully in the polling room at that time and shall place
the ballot papers without examining them in the ballot box at his poll before he locks it up
as provided in Schedule 1.

For the avoidance of doubt it is hereby declared that the other provisions of this
Act applying to voters, to polling procedure and to referendums shall apply so far as is
convenient to the taking of an advanced poll under this section, section 16 and section 17
as they apply to the taking of a poll at a polling room.

For the avoidance of doubt, the day or days appointed for any advanced poll
shall be a day or days not earlier than the publication of the parliamentary register under
section 9(b).

17 (1)

(2)

(3)

18 (1)

(2)

(3)

(4)

(5)

11

REFERENDUM ACT 2012

The Registrar shall invite the attendance at an advanced poll of two persons
designated by each political party that is represented in the House of Assembly, and such
representatives shall be deemed to be observers for the purposes of the advanced poll and,
for the avoidance of doubt, for the purposes of section 26.

General duties of Returning Officer as to taking of poll
The Returning Officer, or a presiding officer appointed under section 11(3),

shall be present at the polling room throughout the taking of the poll and shall conduct and
have charge of the proceedings and it shall be his duty to keep good order in and about the
polling room during the proceedings.

If any person during a referendum misconducts himself in or about the polling
room or fails to obey the lawful order of the Returning Officer, he may immediately by order
of the Returning Officer be removed from the polling room or the vicinity thereof by any
police officer or other person authorized by the Returning Officer to remove him:

Provided that the powers conferred by this subsection shall not be exercised so as
to deprive any voter who is entitled to vote at a referendum of his opportunity so to vote.

Adjournment of poll in special circumstances
Where the proceedings at a polling room on polling day in a referendum are

interrupted or obstructed by general disorder or by any other circumstances beyond the
control of the Returning Officer which, in his opinion, makes it impracticable to continue
the taking of the poll, he may adjourn the proceedings until the hour of eight o’clock in the
forenoon of the following day not being an excepted day and in that event he shall inform
the Registrar forthwith of his decision, shall seal up the ballot boxes effectively and ensure
that they are so stored as to be free from interference and shall take every practicable step
to bring the adjournment to the attention of the public.

Where the poll is adjourned pursuant to subsection (1) the hours of voting on
the day to which it is adjourned shall be the same as for the original day and the other
provisions of this Act shall apply mutatis mutandis to the taking of such adjourned poll.

Rules for taking a poll
The Rules contained in Schedule 1 shall have effect with respect to the taking of

the poll at a referendum:

Provided that no referendum shall be declared void by reason of a failure to comply
with any such rule if it appears that the poll was conducted substantially in accordance
with section 14(2) and that the failure to comply did not affect the results of the referendum.

Ballot paper
The ballot of each voter at a referendum shall consist of a ballot paper, in the

form set out in Schedule 2, impressed with the official mark in accordance with subsection
(3).

There shall be shown on the ballot paper instructions to voters on how to
complete the ballot paper.

(6)

19 (1)

(2)

20 (1)

(2)

21

22 (1)

(2)

12

REFERENDUM ACT 2012

The Returning Officer shall, at the time he issues a ballot paper in accordance
with section 24, impress the official mark on the back of the ballot paper.

The official mark shall be of such design and shall be impressed by use of such
instruments as may be approved by the Registrar.

All Returning Officers and other persons concerned with referendums shall
comply with such directions as may be given by the Registrar regarding the safe custody of
any instrument for impressing the official mark.

Premises not to be used as committee room
No premises which are situated above, below, adjacent to or within the same

curtilage as the polling room shall be used by any person at any time on the polling day of
a referendum for any of the purposes of a committee room.

Any person who uses or permits any other person to use any premises in
contravention of subsection (1) commits an offence:

Punishment on summary conviction: a fine of $500.

In this section, “the purposes of a committee room” means any of the purposes
of a political party or other association of persons interested in the referendum.

PART 5

POLLING PROCEDURE

Issue of ballot papers
Subject to sections 25 and 26 every person whose name is registered in the

parliamentary register shall, upon application therefor, be given one ballot paper by the
Returning Officer and shall be allowed to vote thereat.

It is hereby declared that nothing in subsection (1) shall—

entitle any person to vote at a referendum who is not so entitled by section
4; or

relieve any person from any punishment to which he may be or become
liable under this Act for so voting.

Identification of intending voters
A person shall not be given a ballot paper and shall not be allowed to vote at a

referendum unless—

he produces to the Returning Officer one of the following documents issued
to him—

a valid and signed voter’s identification card;

a current Bermudian driver’s licence;

a valid special person’s card issued by the Transport Control Board;

(3)

(4)

(5)

23 (1)

(2)

(3)

24 (1)

(2)

(a)

(b)

25 (1)

(a)

(i)

(ii)

(iii)

13

REFERENDUM ACT 2012

a valid passport issued by a Commonwealth country; or

any other document of identity of a type prescribed under the
Parliamentary Election Act 1978; and

the Returning Officer is satisfied that the documents produced relate to
that person, and that he is registered in the parliamentary register, and
that he has not already voted in the referendum.

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—

bears a photograph of the person from which the person can be identified;

bears the date of birth of the person and that date is verified by the
Returning Officer; and

bears the signature of the person.

Challenge of intending voters
The Returning Officer, at the request of an observer or on his own initiative,

may require any person claiming to vote at a referendum to read aloud or repeat after him
and sign before him a declaration in the form set out in Schedule 3, and if the person so
required does not comply with that requirement, the Returning Officer shall not give him a
ballot paper or allow him to vote, notwithstanding section 24(1):

Provided that the reading and signing of such a declaration as aforesaid shall not
entitle any person to vote at a referendum unless he is entitled to vote by section 4 or relieve
him from any punishment to which he may be or become liable for so voting:

Provided further that the requirements of this subsection shall be in addition to
and not in derogation of section 25.

Every request made by the observer for the purposes of subsection (1) shall be
made in writing, specifying the grounds of the request, and the Returning Officer shall
disregard any request which is not so made.

Marking the ballot paper
Subject to section 28, every person voting at a referendum shall secretly mark his

vote on the ballot paper given to him and, without revealing his vote, shall place the ballot
paper in a ballot box in the presence of the Returning Officer.

Incapacitated voters
The Returning Officer, on the application of any voter who is blind, unable to read

or so physically incapacitated as to be unable to vote in the manner prescribed by section
27 to assist him in voting, shall require the voter making the application to take an oath in
the form set out in Schedule 4 of his incapacity to vote without assistance and shall
thereafter assist the voter by marking his ballot paper in the manner directed by such voter

(iv)

(v)

(b)

(2)

(a)

(b)

(c)

26 (1)

(2)

27

28

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REFERENDUM ACT 2012

and if he so requests in the presence of one other presiding officer and a friend, and shall
place the ballot paper in the ballot box.

Spoilt ballot papers
A person voting at a referendum who has inadvertently dealt with his ballot paper

in such a manner that it cannot conveniently be used as a ballot paper may, on delivering
it to the Returning Officer and on proving the fact of the inadvertence to the satisfaction of
the Returning Officer, obtain another ballot paper in the place of the one so delivered up
(hereinafter referred to as a “spoilt ballot paper”) and the spoilt ballot paper shall
immediately be cancelled but shall be preserved by the Returning Officer.

Void ballot papers
Any ballot paper—

which does not have the official mark duly impressed on its back;

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

which is unmarked or which does not indicate with sufficient clarity how
the voter intended to vote,

shall be void and shall not be counted.

A ballot paper on which a vote is marked—

elsewhere than in the proper place;

otherwise than by means of a cross; or

by more than one mark,

shall not by reason thereof be deemed void if an intention that the vote shall be for or against
the particular question clearly appears and the way the ballot paper is marked does not of
itself identify the voter and it is not shown that he can be identified thereby.

It is hereby declared that nothing contained in the Rules set out in Schedule 1
or in any directions prescribed by such Rules shall be construed as extending or adding to
subsections (1) or (2).

Arrest of voter for personation
If at any time a person applies for a ballot paper for the purpose of voting at a

referendum, or after he has applied for a ballot paper for that purpose but before he has
left the polling room, the Returning Officer has reasonable cause to believe that that person
has committed an offence of personation, the Returning Officer may order a police officer
to arrest that person and the order of the Returning Officer shall be sufficient authority for
the police officer to do so.

A person arrested in accordance with this section shall not by reason only
thereof be prevented from voting.

29

30 (1)

(a)

(b)

(c)

(2)

(a)

(b)

(c)

(3)

31 (1)

(2)

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REFERENDUM ACT 2012

A person arrested under subsection (1) shall be dealt with as a person taken
into custody by a police officer without a warrant charged with an offence triable summarily.

PART 6

CLOSE OF POLL PROCEDURE

Count of ballots
Immediately after the close of the poll at a referendum, the Returning Officer

shall seal the ballot box so as to prevent the introduction of additional ballot papers and
shall take charge of such box and shall then, in the presence of such observers as may
choose to attend, and such other persons whom the Returning Officer shall permit to be
present, open the ballot box and ascertain the results of the poll by counting all the “Yes”
votes and all the “No” votes in respect of the question or questions.

Immediately after the counting of the votes pursuant to subsection (1) has
terminated, an observer present at the count may demand a re-count and thereupon,
unless the Returning Officer considers the demand to be unreasonable having regard to the
results of the first count, he shall proceed to re-count the votes accordingly to ascertain the
results of the poll.

In the event of a re-count of votes—

an observer shall have the right to demand a further re-count, and the
Returning Officer may in his own discretion conduct further re-counts;

the results of the poll shall be determined by the final count of the votes.

When the results of the poll in respect of the constituency concerned have been
ascertained the Returning Officer shall forthwith publicly declare the results.

References in this section to the ballot box shall, where more than one ballot
box is used pursuant to section 13 be construed as a reference to all the ballot boxes so
used at the referendum in respect of the parliamentary register for the constituency
concerned.

Declaration and publication of referendum results
When the results of the poll in respect of every constituency has been declared

under section 32(4), the Registrar shall forthwith determine and publicly declare the results
of the referendum.

As soon as practicable after declaring the results under subsection (1), the
Registrar shall publish the results by notice in the Gazette.

(3)

32 (1)

(2)

(3)

(a)

(b)

(4)

(5)

33 (1)

(2)

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REFERENDUM ACT 2012

PART 7

OFFENCES

Secrecy during and after poll
Every officer or other person in attendance at a polling room shall maintain and

aid in maintaining the secrecy of the voting, and no officer or other person shall—

at the polling room, interfere with, or attempt to interfere with, a voter when
marking his ballot paper, or influence or attempt to influence the choice of
a voter or otherwise attempt to obtain information as to how any voter is
about to vote or has voted;

at any time, communicate any information as to the manner in which any
ballot paper has been marked in his presence in the polling room;

at any time or place, directly or indirectly, induce or endeavour to induce
any voter to show his ballot paper after he has marked it, so as to make
known to any person the manner in which he has cast his vote;

at any time, communicate to any person any information obtained at a
polling room as to the manner in which any voter at the polling room is
about to vote or has voted; or

at the counting of the votes, attempt to obtain any information or
communicate any information obtained at the counting as to the manner
in which any vote is given in any particular ballot paper.

Notwithstanding subsection (1)(a) a voter who at the polling room wears a shirt
or other apparel having thereon a badge, sticker, sign, emblem, symbol, word or other mark
indicating connection with or support for or opposition to the question, or questions, being
voted on in the referendum shall not be guilty of an offence.

Subject to subsection (4), no voter shall—

upon entering the polling room and before receiving a ballot paper, openly
declare how he intends to vote;

show his marked ballot paper, or a copy thereof, so as to allow the manner
in which he has voted to be known; or

before leaving the polling room, openly declare the manner in which he has
voted.

A voter unable to vote in the manner prescribed by this Act on account of
inability to read, blindness or other physical incapacity does not commit an offence under
subsection (3) if he does anything proscribed by that subsection solely for the purpose of
voting in accordance with section 28.

Any person who contravenes or fails to observe any provision of this section
commits an offence.

34 (1)

(a)

(b)

(c)

(d)

(e)

(2)

(3)

(a)

(b)

(c)

(4)

(5)

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REFERENDUM ACT 2012

It shall be the duty of a Returning Officer to draw the attention of any voter who
has contravened subsection (3) to the offence that he has committed and to the penalty to
which he has rendered himself liable, but such voter shall nevertheless be allowed to vote
in the usual way.

Misconduct at referendum
Any person—

who at any referendum—

behaves in a violent, offensive or disorderly manner in or about, or
within fifty metres of, the polling room or improperly disturbs or
impedes the proceedings;

fails to leave a polling room when requested so to do by the Returning
Officer;

interferes with a voter who is engaged in voting;

obtains or attempts to obtain in the polling room information as to the
manner in which a voter is about to vote or has voted; or

directly or indirectly induces or attempts to induce any voter to display
his ballot paper so as to show the manner in which the voter has voted;

who in the course of any proceedings before the Registrar behaves in a
violent, offensive or disorderly manner or improperly disturbs or impedes
the transaction of business; or

who, subject to subsection (2), during the hours when the poll is being
taken on polling day, assembles or congregates with other persons in a
polling room or within fifty metres thereof without the permission of the
Returning Officer,

commits an offence.

Subsection (1)(c) shall not apply to—

any voters who are waiting to vote at such polling room and who obey such
instructions as may be given by the Returning Officer or any police officer
for the purpose of forming a queue with other voters so waiting;

any person who is only lawfully remaining in, entering or leaving such room
with reasonable despatch; or

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

on private property; and

that private property is not the property on which the polling room is
situated.

Where a person commits an offence against this section:

(6)

35 (1)

(a)

(i)

(ii)

(iii)

(iv)

(v)

(b)

(c)

(2)

(a)

(b)

(c)

(i)

(ii)

(3)

18

REFERENDUM ACT 2012

Punishment on summary conviction: imprisonment for one year or a fine of $500 or both
such imprisonment and fine.

Returning Officer to be conservator of peace
Every Returning Officer, during a referendum, during the hours that the polls are

open, may—

require the assistance of police officers or other persons present to aid him
in maintaining peace and good order at the referendum;

arrest or cause by verbal order to be arrested, and place or cause to be
placed in the custody of any police officer or other persons, any person
disturbing the peace and good order at the referendum; and

cause such arrested person to be imprisoned under an order signed by him
until an hour not later than the close of the poll.

No person to carry offensive weapons or propaganda apparatus on polling day
No person shall arm himself, during any part of polling day, with any offensive

weapon and thus armed approach within a kilometre of a polling room, unless called upon
so to do by lawful authority.

No person shall—

furnish or supply any loudspeaker to any person with intent that it be
carried or used on any automobile, truck or other vehicle for the purposes
of propaganda relating to the referendum on polling day; or

with any such intent, have on him, or carry on any automobile, truck or
other vehicle any such loudspeaker on polling day.

Any person who contravenes any of the provisions of this section commits an
offence against this Act:

Punishment on summary conviction: imprisonment for one year or a fine of $250 or both
such imprisonment and fine.

Bribery
A person shall be guilty of bribery—

if he directly or indirectly, by himself or through any other person on his
behalf, gives or lends, or agrees to give or lend, or offers or promises, or
promises to procure or to endeavour to procure, any money or valuable
consideration to or for any voter, or to or for any other person, in order to
induce such voter to vote or refrain from voting at a referendum, or
corruptly does any such act or thing as aforesaid on account of any voter
having voted or refrained from voting at a referendum;

if he directly or indirectly, by himself or through any other person on his
behalf, gives or procures, or agrees to give or procure, or offers or promises,
or promises to procure or to endeavour to procure, any office, place or

36

(a)

(b)

(c)

37 (1)

(2)

(a)

(b)

(3)

38

(a)

(b)

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REFERENDUM ACT 2012

employment to or for any voter, or to or for any other person, in order to
induce such voter to vote or refrain from voting at a referendum, or
corruptly does any such act or thing as aforesaid on account of any voter
having voted or refrained from voting at a referendum;

if he directly or indirectly, by himself or through any other person on his
behalf, makes any gift, loan, offer, promise, procurement or agreement
referred to in paragraph (a) or (b) to or for any person, in order to induce
that person to procure or to endeavour to procure the vote of a voter on any
question at a referendum;

if, upon, or in consequence of any such gift, loan, offer, promise or
agreement, he procures or engages or promises or endeavours to procure
the vote of any voter on any question at a referendum;

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
should be expended in bribery at a referendum; or if he 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 a referendum;

if, being a voter before or during a referendum, he directly or indirectly, by
himself or through any other person on his behalf, receives, or agrees or
contracts for any money, gift, loan or valuable consideration, or any 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, at a
referendum; or

if after a referendum he directly or indirectly, by himself or through 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 person to vote or to refrain from voting, at the
referendum.

Undue influence
A person shall be guilty of undue influence if he directly or indirectly, by himself

or through any other person on his behalf—

makes use of or threatens to make use of any force, violence or restraint;
or

inflicts or threatens to inflict 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 vote “Yes” or ‘No”, or on account of that person having voted or refrained from
voting, or having voted “Yes” or “No”, at a referendum.

A person shall also be guilty of undue influence if he directly or indirectly, by
himself or through any other person, by abduction, duress, or any fraudulent device or
contrivance—

(c)

(d)

(e)

(f)

(g)

39 (1)

(a)

(b)

(2)

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REFERENDUM ACT 2012

impedes or prevents any person from freely exercising his right to vote at
a referendum; or

compels, induces or prevails upon any person to vote or refrain from voting,
or to vote “Yes” or ‘No”, at a referendum.

Punishment for bribery and undue influence
Where a person is convicted on indictment of bribery or of undue influence:

Punishment: imprisonment for two years or a fine of $1,000 or both such imprisonment
and fine.

Personation and voting if not qualified
A person commits an offence against this Act who—

except as authorized by section 28, applies for a ballot paper in the name
of some other person, whether such name is that of a person living or dead
or of a fictitious person;

having voted once at a referendum, applies at the same referendum for
another ballot paper;

votes or attempts to vote at a referendum knowing that he is not qualified
to vote at the referendum; or

induces or procures any other person to vote at a referendum knowing that
such other person is not qualified to vote at the referendum.

Offences relating to voting
A person commits an offence against this Act who—

forges a ballot paper or utters a forged ballot paper;

fraudulently alters, defaces or destroys a ballot paper or the official mark
impressed thereon;

without authority under this Act, supplies a ballot paper to any person;

not being a person entitled under this Act to be in possession of a ballot
paper, has, without authority, any ballot paper in his possession;

forges the official mark used for impressing on ballot papers;

has in his possession without lawful authority an instrument for
impressing the official mark;

fraudulently puts or causes to be put into a ballot box a ballot paper or
other paper;

fraudulently takes a ballot paper out of the polling room;

without authority under this Act, destroys, takes, opens or otherwise
interferes with a ballot box or book or packet of ballot papers;

(a)

(b)

40

41

(a)

(b)

(c)

(d)

42 (1)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

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REFERENDUM ACT 2012

without authority under this Act, prints any ballot paper or what purports
to be or is capable of being used as a ballot paper at a referendum;

forges a voter’s identification card or other document used as a means of
identification pursuant to section 25, or at any polling room utters a forged
voter’s identification card or such other document knowing the same to be
forged;

being a Returning Officer, places upon any ballot paper any writing,
number or mark with intent that the voter to whom such ballot paper is
to be, or has been, given may be identified thereby; or

manufactures, constructs, imports into Bermuda, has in possession,
supplies for use at a referendum, or uses for the purposes of a referendum,
or causes to be manufactured, constructed, imported into Bermuda,
supplied for use at a referendum, or used for the purposes of any
referendum, any ballot box containing or including any compartment,
appliance, device or mechanism in or by which a ballot paper may or could
be secretly placed or stored or, having been deposited during voting, may
be secretly diverted, misplaced, affected or manipulated.

For the purposes of subsection (1) and any other provision of this Act,
knowingly to do or omit to do an act is deemed to be fraudulent if to do or omit to do the
act results or would be likely to result in the reception of a vote that should not have been
cast or in the non-reception of a vote that should have been cast.

Where a person commits an offence under this section:

Punishment on conviction on indictment: imprisonment for two years or a fine of $1,000 or
both such imprisonment and fine.

Supplying intoxicating liquor by way of organized treating
Any person who on the polling day before the closing of the poll at any

referendum, by himself or with others gives or provides by way of organized treating, any
intoxicating liquor for consumption by voters in connection with the holding of the
referendum, commits an offence:

Punishment on summary conviction: a fine of $500.

In this section “organized treating” means the giving or providing of intoxicating
liquor to some person without charge or at a reduced or unduly small charge to the person
consuming such liquor under some arrangement which but for the referendum would not
have been made.

Disqualifications
Any person who is convicted of any offence under sections 34, 35, 38, 39, 41 and

42 shall, whether or not any other penalty is imposed, be disqualified, for a period of six
years from the date of the conviction, from voting at any referendum.

(j)

(k)

(l)

(m)

(2)

(3)

43 (1)

(2)

44

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REFERENDUM ACT 2012

Publishing of forms
Any person who publishes, issues or prints, or makes any copy of a form referred

to in this Act without the authority of the Registrar and without placing thereon the words
“Copy only” in letters at least half an inch in height, commits an offence.

Breaches of official duty
Any person who, being required under this Act to perform any official function

thereunder, without reasonable cause, commits, or omits to do, any act in breach of his
duty under such provisions commits an offence.

Any employer who on being requested by an employee pursuant to section 14(3)
to allow him sufficient time off work to enable him to travel to a polling room and there
record his vote fails to allow him such time or who penalizes an employee whom he has
allowed time to so travel and vote commits an offence.

General penalty
Where a person commits an offence under this Act for which no specific penalty is

provided:

Punishment on summary conviction: imprisonment for nine months or a fine of $500 or
both such imprisonment and fine.

PART 8

MISCELLANEOUS

Registrar to retain documents
The Registrar shall retain in safe custody, for a period of one year, all

documents relating to a referendum delivered to him by a Returning Officer pursuant to
this Act and shall then, unless otherwise directed by an order of the Supreme Court, cause
them to be destroyed.

The Registrar shall not, except by or under the order of the Supreme Court,
permit any other person to have access to or to inspect the documents retained by him
under subsection (1).

Rules
The Premier may make rules for the better carrying out of this Act.

Rules made under subsection (1) shall be subject to the affirmative resolution
procedure.

Duty of Commissioner of Prisons
It shall be the duty of the Commissioner of Prisons as soon as may be after the

publication of a referendum notice under this Act to transmit to the Registrar a certified list
of those persons who will be disqualified from voting by virtue of section 4(2)(e).

45

46 (1)

(2)

47

48 (1)

(2)

49 (1)

(2)

50

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REFERENDUM ACT 2012

Printing of forms at public expense
Forms under this Act shall be printed as circumstances may require under the

supervision of the Registrar and the cost of the printing shall be defrayed out of the
Consolidated Fund.

Fees
The fees set out in Schedule 5 shall be paid to the specified persons who discharge

duties in connection with a referendum.

Ad hoc committee
At any time after an Act referred to in section 6(1) (requiring a referendum to be

held) comes into operation, the Premier may appoint an ad hoc committee to advise him on
any matter relating to the referendum, and Schedule 6 has effect in relation to any such
Committee.

51

52

53

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SCHEDULE 1

(section 21)

RULES FOR THE TAKING OF A POLL

The Registrar or the Returning Officer shall ensure that on polling day the
polling room is sufficiently furnished and equipped to facilitate the proper and orderly
taking of the poll and shall in particular ensure that—

an adequate number of tables (in these Rules referred to as “referendum
tables”) is provided in the polling room for use by officers in, and by
observers in observing, the checking of the credentials of, and the handing
out of ballot papers to, voters;

a polling place is set aside in the polling room and separated by a barrier
from the remaining parts of the room;

the polling place is divided into compartments of sufficient size and so
furnished that a voter can record his vote therein screened from
observation and that a sufficient number of such compartments are
provided having regard to the number of voters registered in the
constituency for which the Returning Officer is responsible;

one of the compartments in the polling place is of sufficient size to
accommodate at least three persons at a time for the convenience of
incapacitated voters;

each compartment is furnished with an indelible pencil or pen attached
thereto;

sufficient ballot papers are available printed on paper capable of being
easily folded up but of sufficient thickness to prevent the marking on one
side from being read through the paper from the other; and

a ballot box is provided of convenient size, furnished with a secure lock and
key and so constructed that ballot papers can be introduced into it but
cannot be withdrawn from it without the box being unlocked.

In arranging the furniture, equipment and manning of a polling room on polling
day, the Returning Officer shall seek to ensure a free flow of voters from the entrance, via
the officer checking their credentials to the officer handing out the ballot papers and thence
through the barrier, one at a time, to the polling place and shall also position an officer in
the vicinity of the ballot box to check that the marked ballot papers are introduced into the
ballot box thereafter by voters in an orderly manner and in accordance with these Rules.

For the guidance of voters in voting, each compartment in the polling place shall
be posted with the directions written in conspicuous characters and approved by the
Registrar.

1 (1)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(2)

2

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REFERENDUM ACT 2012

Except for the purpose of voting, no person other than an observer or a person
authorized by the Registrar or the Returning Officer may be present in the polling room
during the taking of the poll, or approach nearer than seven metres to any of the doors of
the polling room during the hours that the poll is open.

The Returning Officer immediately before the commencement of the poll shall show
the ballot box empty to such persons as may then be present in the polling room so that
they may see that it is empty, thereafter place the advanced poll ballot papers referred to
in section 18(3) into it, and shall then lock it up and keep the key himself and shall place
the box in his view for the receipt of ballot papers keeping it so locked until the conclusion
of the poll.

The Returning Officer shall not allow anyone to be present in the polling place at
any time during the poll except the voters engaged in voting, friends of blind or incapacitated
voters, and the officers assisting him in the polling room, and no other person (except an
observer) shall be allowed within the polling room during the poll without the permission
of the Returning Officer.

Where the responsibility for the taking of a poll has been divided pursuant to
section 13, a Returning Officer shall ensure that—

he (assisted by any presiding officer assigned to him) is furnished with that
part only of the parliamentary register which pertains to the part of the poll
that falls within his own responsibility;

the relevant referendum table or tables are assigned to him; and

he checks the credentials of, and hands out ballot papers to, those voters
for whom he is responsible and no others.

A Returning Officer or presiding officer shall check the identity of each
intending voter by examining his signed voter’s card or other means of identification
produced, and verifying from the copy of the parliamentary register in the officer’s
possession that the voter is not recorded as having already voted.

If the Returning Officer or presiding officer is so satisfied, and subject to any
challenge under section 26, a line shall be drawn through the voter’s name on the copy of
the parliamentary register and one ballot paper shall be given to the voter.

A voter receiving a ballot paper shall proceed forthwith through the barrier to
one of the compartments of the polling place and shall there, with the indelible pencil or
pen provided mark his ballot paper and fold it up, so that it cannot be seen how he has
voted on the question, or questions, in the referendum but the official mark thereon is
visible upon it.

The voter shall then display the folded ballot paper to the Returning Officer,
permit the mark to be verified, and then put it into the ballot box in the presence of the
Returning Officer without showing the front of it to any person present.

3

4

5

6

(a)

(b)

(c)

7 (1)

(2)

8 (1)

(2)

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REFERENDUM ACT 2012

A voter shall vote without undue delay and, having put his ballot paper into
the ballot box, he shall withdraw from the polling room forthwith.

At the count of votes the Returning Officer shall endorse any ballot paper appearing
to him to be void under section 30 with the word “rejected” and if an objection is made by
an observer shall further endorse it with the words “rejection objected to”.

On the completion of the counting of the votes the Returning Officer in the
presence of such observers as may choose to attend, shall seal up in separate packets
all—

counted ballot papers;

rejected ballot papers;

spoilt ballot papers; and

unused ballot papers in his possession,

and shall endorse on each packet a description of its contents, the date of the referendum,
and the name of the constituency.

The Returning Officer shall then deliver all the aforesaid packets so endorsed
to the Registrar together with a statement showing the total number of ballot papers
prepared by him for the election and accounting for them all under one of the heads above
mentioned.

(3)

9

10 (1)

(a)

(b)

(c)

(d)

(2)

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REFERENDUM ACT 2012

SCHEDULE 2

(sections 6(2) and 22)

FORM OF BALLOT PAPER

BALLOT PAPER

* Referendum question YES: NO:

* Referendum question YES: NO:

* If there is more than one question being asked at the referendum, numerically list the
referendum questions on the ballot paper.

Instructions to Voters

1. To indicate your answer to any question on this ballot paper, place an
X in either the “YES” or the “NO” column that is opposite the question.

2. Make no other mark on the ballot paper.

3. Fold the ballot paper through the centre, so that your vote cannot be
seen.

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REFERENDUM ACT 2012

SCHEDULE 3

(section 26)

FORM OF DECLARATION OF INTENDING VOTER

DECLARATION OF INTENDING VOTER

I, (full name) of (address) do solemnly declare that—

(1) I am registered in the parliamentary register of the [blank] constituency.

(2) I have read (or have had read to me) and understand the provisions relating to the
qualifications and disqualifications of voters set out below.

(3) I am entitled to vote at this referendum.

Dated this [blank] day of [blank] 20 [blank]

Signed and declared by the above named (full name) in the presence of [blank]

(Signature of declarant)

Returning Officer

Provisions related to Qualifications and
Disqualifications of Voters

1 Subject to the provisions of paragraph 2 below, a person shall be entitled
to vote at a referendum if on the polling day he is registered in the parliamentary register.

2 A person shall not be entitled to vote at a referendum if—

(a) he has ceased to be a Commonwealth citizen;

(b) he has ceased to be ordinarily resident in Bermuda;

(c) he is registered in the parliamentary register of more than one
constituency;

(d) he is disqualified from voting at a referendum under section 44, or from
voting at a parliamentary election under section 71 of the Parliamentary
Election Act 1978;

(e) he is in prison or detained in a senior training school or, he having been
sentenced to a term of imprisonment, preventive detention or corrective
training, the adjudged term of his sentence has not yet expired whether or
not he is then at large on licence, unless he has been granted a free pardon
or has been granted remission under section 10 of the Prisons Act 1979;
or

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REFERENDUM ACT 2012

(f) he is a person suffering from a mental disorder within the meaning of
the Mental Health Act 1968 or is otherwise adjudged to be of unsound mind
under any statutory provision.

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REFERENDUM ACT 2012

SCHEDULE 4

(section 28)

FORM OF OATH BY BLIND OR INCAPACITATED VOTER

OATH TO BE TAKEN BY BLIND OR INCAPACITATED VOTER

Oath to be taken by a voter who is blind, unable to read or so physically incapacitated
as to be unable to vote in the manner prescribed by section 27

*I do swear/I do solemnly and sincerely affirm and declare that I am incapable of voting
without assistance by reason of being blind/ unable to read/so physically incapacitated as
to be unable to vote in the manner prescribed by section 27.

Sworn before me [blank]

Returning Officer for the [blank] Constituency.

Date [blank]

*The voter should only be required to repeat the incapacity he has.

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REFERENDUM ACT 2012

SCHEDULE 5

(section 52)

FEES PAYABLE TO PERSONS DISCHARGING REFERENDUM DUTIES

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

Returning Officers: $500 for discharging their duties on polling day

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.

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
referendum 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.

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REFERENDUM ACT 2012

SCHEDULE 6

(section 53)

AD HOC COMMITTEE

Constitution of ad hoc committee
The members of an ad hoc Committee (hereinafter referred to as “the

Committee”) shall consist of—

the following persons appointed in writing by the Premier—

a Chairperson;

a barrister;

three Members of the Legislature; and

the Registrar, or a public officer designated by him to attend a meeting on
his behalf, but the Registrar (or his designate) shall not have a vote at any
meeting.

In the case of absence or inability of a person appointed under subparagraph
(1)(a) to act, the Premier may in writing appoint a person to act temporarily in his place.

A person appointed under subparagraph (1)(a) may at any time resign his office
by instrument in writing addressed to the Premier and from the date of receipt by the
Premier of the instrument that member shall cease to be a member.

The Committee shall be deemed to be properly constituted notwithstanding
that there is a vacancy in the office of the Chairperson or any other member appointed under
subparagraph (1)(a).

The validity of any proceedings of the Committee shall not be affected by any
defect in the appointment of a member.

No act done or proceeding taken under this Act by the Committee shall be
questioned on the ground of any omission, defect, or irregularity not affecting the merits of
the case.

No action, suit, prosecution or other proceedings shall be brought or instituted
personally against any member of the Committee in respect of any act done bona fide in
pursuance or execution or intended execution of this Act.

Fees shall be paid to members of the Committee in accordance with the
Government Authorities (Fees) Act 1971.

The Committee shall stand dissolved on the day following the day the Registrar,
under section 33(1), publicly declares the results of the referendum in respect of which the
Committee was appointed.

Functions of the Committee
The functions of the Committee shall be—

1 (1)

(a)

(i)

(ii)

(iii)

(b)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

2

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REFERENDUM ACT 2012

to advise the Premier on any matter relating to the referendum;

to establish operational best practice for the holding of the referendum;
and

to make the public aware of the question or questions for consideration at
the referendum.

Meetings of Committee
The Committee shall meet as often as may be necessary or expedient for the

performance of its functions.

The Chairperson may at any time call a meeting of the Committee and shall
call a meeting to be held within five days of a written request for that purpose addressed to
him by any three members.

At any meeting of the Committee, the Registrar (or his designate) and three
other members shall constitute a quorum.

At any meeting of the Committee, in the absence of the Chairperson, the
members present shall elect one of their number to act as Chairperson.

At any meeting of the Committee, every member appointed under paragraph
1(1)(a) shall have one vote but, in the event of an equality of votes, the chair of the meeting
shall have a second or casting vote.

Subject to subparagraph (5), the decisions of the Committee shall be by a
majority vote.

The Committee shall have power to co-opt persons for the purpose of any
particular meeting if such persons are considered by it to be competent to assist in any
special area of the Committee’s deliberations, but any such persons shall not be entitled to
vote at the meeting.

Minutes of each meeting of the Committee shall be kept in proper form.

Subject to this paragraph, the Committee may regulate its own proceedings.

[Assent Date: 22 June 2012]

[Operative Date: 22 June 2012]

(a)

(b)

(c)

3 (1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

34