Referendum Act 2015

Link to law: http://www.gibraltarlaws.gov.gi/articles/2015-08o.pdf
Published: 2015-04-02

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I ASSENT Referendum
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2015-08


REFERENDUM ACT 2015

Principal Act

Act. No. 2015-08 Commencement 2.4.2015
Assent 2.4.2015




Amending
enactments
Relevant current
provisions
Commencement
date




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2015-08
ARRANGEMENT OF SECTIONS.

Section
PART 1
Preliminary

1. Title and commencement.
2. Interpretation.

PART 2
Calling a Referendum

3. Order of Referendum.
4. Form of Order.
5. Appointment of Referendum Administrator and other officers.
6. Declaration of secrecy.

PART 3
Eligibility to Vote

7. Eligibility.
8. Voting age.
9. Entitlement.
PART 4
Registration as a Voter

10. Voters list.
11. Claims, objections and amendments.
12. Hearing of claims and objections.
13. Register of voters.

PART5
Voting at Referendum

14. Appointment of voting stations.
15. Notice of voting.
16. Officers at voting stations.
17. Facilities at voting stations.
18. Voting boxes.
19. Voting papers.
20. Voting Agents.
21. Preparation of voting boxes.
22. Issue of voting paper.
23. Marking of voting paper, etc.
24. Questions to be put to voters.
25. Voting procedure.
26. Identification marks on voting paper.
27. Accidental destruction of voting paper.
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28. Votes marked by a Presiding Officer.
29. Blind and other voters assisted by companions.
30. Personal attendance.
31. Appropriate voting station.
32. Officer on duty to be released to cast vote where registered.
33. Tendered voting papers.
34. Exclusion of unauthorised persons and order at voting stations.
35. Removal of persons misconducting themselves.
36. Interruption of referendum.
37. Closing of voting station.
38. Methods of dealing with voting boxes and voting papers.

PART 6
Absentee Voting

39. Request to be an absentee voter.
40. Absentee list.
41. Absentee voting.
42. Completion of absentee voting.

PART 7
Postal Voting

43. Postal voters list.
44. Issue of postal voting papers.
45. Action to be taken by postal voter.
46. Receipt of postal votes.
47. Late envelopes.
48. Voting only by post.

PART 8
The Count

49. Counting agents.
50. Counting of votes.
51. Counting of voting papers.
52. Verification of voting paper accounts.
53. Rejected voting papers.
54. Counting of postal voting papers.
55. Counting of postal votes.
56. Spoilt postal voting papers.
57. The count.
58. Re-count.
59. Declaration of result.
60. Return of the Order of Referendum.

PART 9
Offences
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61. Referendum Officers and Referendum Observers to observe secrecy.
62. Officers not to contravene Act etc.
63. Officers not to influence vote.
64. Influencing votes of hospital patients etc.
65. Bribery.
66. Interference with political liberty.
67. Printing and publication of advertisements, notices etc.
68. Publication of advertisements on the internet.
69. Misleading or deceptive publications etc.
70. False statements in relation to the Register.
71. Headings to advertisements.
72. Cards in voting stations.
73. Marks on voting paper.
74. Other offences relating to voting papers, etc.
75. Badges or emblems at voting stations.
76. Molestation.
77. Misconduct at public meeting.
78. Conduct at voting stations and other premises.
79. Penalties.

PART 10
Miscellaneous

80. Method of dealing with papers.
81. Absence of observers not to invalidate proceedings.
82. Referendum Administrator’s decision final.
83. Regulations.

PART 11
Referendum result to stand

SCHEDULE

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© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2015-08
AN ACT TO GOVERN THE ORGANISATIONAL, ADMINISTRATIVE
AND PROCEDURAL MATTERS ASSOCIATED WITH THE HOLDING
OF REFERENDA IN GIBRALTAR.


PART 1
Preliminary

Title and commencement.

1. This Act may be cited as the Referendum Act 2015 and comes into
operation on the day of publication.

Interpretation.

2. In this Act, unless the context otherwise requires–

“absentee list” means a list under section 40;

“counting agent” means a person appointed as such under section 49;

“counting clerk” means a person appointed as such under section 5(2);

“covering envelope” means a covering envelope in respect of postal
voting under Part 7;

“declaration of identity” means a declaration made under section
45(2)(a);

“declaration of secrecy” means a declaration made under section 6;

“hours of voting” means between 9 o’clock in the morning and 10
o’clock at night on Referendum Day;

“list of persons refused voting papers” means a list made under section
24(2);

“list of voters assisted by companions” means a list made under section
29;

“list of votes marked by the Presiding Officer" means a list made under
section 28;

“Minister” means the Chief Minister;

“postal voter” means a voter entitled to vote by post in the referendum;

“postal voters list” means a list made under section 43;
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“postal voting paper” means a voting paper issued to postal voters under
section 44;

“Presiding Officer” means a person appointed as such under section 5(2);

“qualifying period” shall be calculated in accordance with section 7(3);

“receptacle for declaration of identity” means a container which holds
declarations of identity which have not been rejected under section
54;

“receptacle for votes rejected” means a container which holds postal
voting papers, voting paper envelopes and declarations of identity
which have been rejected under section 54;

“receptacle for voting papers” means a container which holds postal
voting papers which have not been rejected under section 54;

“receptacle for voting paper envelopes” means a container which holds
voting paper envelopes which have not been rejected under section
54;
“referendum” means a vote on a question which is put to voters in
accordance with the provisions of this Act, following the making of
an order under section 3;

“Referendum Administrator” means the person appointed as such under
5(1);

“Referendum Day” means the day appointed under section 4;

“Referendum Observer” means a person invited by the Government to
observe the conduct and organisation of the referendum;

“Referendum Officer” means any person who pursuant to this Act is
appointed, either directly or by a person authorised under this Act,
to discharge any function or duty in connection with a referendum
held pursuant to this Act;

“referendum period” means the period commencing on the day an Order
is made pursuant to section 3 and terminating with the declaration
of the result of the referendum;

“Registration Officer” means a person appointed as such under section
5(3);

“Register” means the register of voters prepared under section 13;

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“Senior Counting Officer” means the person appointed as such under
section 5(2);

“Senior Presiding Officer” means the person appointed as such under
section 5(2);

“tendered votes list” means a list made under section 33;

“tendered voting paper” means a voting paper under section 33;

“voter” means a person whose name appears on the Register;

“Voting Agent” means a person appointed as such under section 20;

“voting paper accounts” means a statement made under section 38;

“voting paper envelope” means an envelope containing a postal voting
paper under Part 7;

“voting station” means a place appointed as such under section 14.

PART 2
Calling a Referendum

Order of referendum.

3. The Minister may make an Order for a referendum to be held where
Parliament has approved a Government Motion for a referendum.

Form of Order.

4.(1) An Order issued under section 3 shall–

(a) appoint–

(i) the day for the close of the Register,

(ii) the referendum day;

(b) contain the question being out to a referendum;

(c) state the percentage of votes required for the result to be treated
as qualifying for recognition as a winning result; and

(d) be signed by the Minister.

(2) The referendum day may not be less than 40 days and not more than
100 days from the date of the Order.
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(3) The Order shall be set out in as provided for in Form A, which is set
out the Schedule, and which may be adapted as circumstances require.

(4) The question shall be a closed question, answerable by marking the
symbol ‘X’ in the appropriate box to indicate a ‘Yes’ or ‘No’ vote in
accordance with Form G.

Appointment of Referendum Administrator and other officers.

5.(1) The Clerk of the Gibraltar Parliament or any other senior public
officer appointed by the Minister by notice in the Gazette shall be the
Referendum Administrator who shall be responsible for the organisational,
administrative and procedural matters associated with the holding of a
referendum.

(2) The Referendum Administrator may constitute such offices as he may
consider necessary for the purposes of the conduct and organisation of a
referendum and appoint persons to those offices and exercise disciplinary
control, at an administrative level, over and dismiss persons appointed to
those offices.

(3) The Minister by notice in the Gazette shall appoint a senior public
officer to be the Registration Officer for the purposes of the registration of
voters and the Registration Officer may constitute such offices as he may
consider necessary for the carrying out of his duties.

Declaration of secrecy.

6.(1) Before the opening of voting, a declaration of secrecy as in Form B in
the Schedule shall be made by–

(a) every Presiding Officer, counting clerk and clerk, who is not a
public officer, appointed to attend at a voting station or at the
counting of votes;

(b) every Presiding Officer and clerk, who is not a public officer,
appointed to receive the vote of every voter on the absentee
list;

(c) every Voting Agent, counting agent and Referendum Observer;

(d) every person, who is not a public officer, authorised to enter a
voting station or to attend at the counting of the votes.

(2) Notwithstanding anything in subsection (1), any person authorised to
attend solely at the counting of the votes need not make the declaration
before the opening of the voting but shall make it before he is permitted to
attend the count and any person, who is not a public officer, becoming
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obliged to make a declaration by reason of his appointment after the
opening of the voting shall make the declaration before acting under the
appointment.

(3) The Referendum Administrator shall make the declaration in the
presence of a justice of the peace, the voting agents and police officers
attending at a voting station shall make the declaration in the presence of
either a justice of the peace, the Referendum Administrator or a presiding
officer; and any other person shall make the declaration in the presence of
either a justice of the peace or the Referendum Administrator.

Part 3
Eligibility to Vote

Eligibility.

7.(1) The persons entitled to vote as voters at a referendum shall be those
persons who–

(a) have lived in Gibraltar during the whole of the qualifying
period; and

(b) intend to live in Gibraltar either permanently or indefinitely;
and

(c) are, on the qualifying date and on the date of the poll, British
citizens, British Overseas Territories citizens, British Overseas
citizens, British Nationals (Overseas), British protected persons
or British subjects under the British Nationality Act 1981, and
are 18 years of age or over and are not subject to any legal
incapacity to vote; or

(d) do not satisfy the condition in paragraph (a) but are registered
or are entitled to be registered as Gibraltarians under the
provisions of the Gibraltarian Status Act:
Provided that a person shall not be entitled to vote as a voter unless registered in
the Register of voters to be used at the referendum, and that no person shall be so
entitled to vote or to be registered as an voter if–

(i) by virtue of his own act he is under any acknowledgement of
allegiance, obedience or adherence to a foreign State or Power;
or

(ii) he has been sentenced by any court in Her Majesty's dominions
to death or to imprisonment (by whatever name called) for a
term exceeding 12 months and has not either suffered the
punishment to which he was sentenced or such other
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punishment as may by a competent authority have been
substituted therefor, or received a free pardon; or

(iii) he is certified to be suffering from mental disorder under any
law for the time being in force in Gibraltar; or

(iv) he is disqualified by any enactment relating to offences
connected with elections; or

(v) he is a person serving in Gibraltar in any of Her Majesty’s
armed forces (other than the Royal Gibraltar Regiment
constituted under the Royal Gibraltar Regiment Act), or the
spouse of such person:
Provided further that a person who has not attained the age of 18 years on the
qualifying date fixed for the Register if he will have attained such age on or before
such later date as may be prescribed in an order made by the Minister, be entitled
to be included in the register and to vote at any referendum which takes place after
he has attained the age of 18 years.

(2)(a) In determining questions arising under subsection (1)(a) as to
whether a person has lived in Gibraltar during the whole of the
qualifying period, regard shall be had to the purpose and other
circumstances, as well as to the fact, of his presence in or absence
from Gibraltar;

(b) for the purposes of subsection (1)(b) the following
presumptions shall apply–

(i) where a person has his home in Gibraltar, he shall be
presumed to intend to live in Gibraltar permanently or
indefinitely;

(ii) where a person has more than one home, he shall be
presumed to live permanently or indefinitely in that place
in which he has his principal home;

(iii) where a person is stationed in Gibraltar for the principal
purpose of carrying on a business, profession or
occupation, and his spouse and children, if any, have
their home outside Gibraltar, he shall be presumed to
intend to live permanently or indefinitely in the latter
place.

(3) The qualifying period shall be a continuous period of 10 years ending
on and including the qualifying date.

(4) The Minister may from time to time by order published in the Gazette
appoint a date to be the qualifying date for the purposes of this section.

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(5) The expression “qualifying date” means such date in relation to a
register as the Minister may, by order published in the Gazette, provide.

(6) For the purpose of ascertaining a person’s eligibility to vote in a
referendum the Registration Officer may require the Civil Status and
Registration Office to provide him with such information as he may require
in order to make such a determination.

Voting age.

8.(1) The Minister may by Notice published in the Gazette, set the
minimum age for a person to be eligible to vote.

(2) Where subsection (1) applies, any reference to or any requirement in
this Act to a person being or required to beat least 18 years of age shall be
deemed to be a reference to the age provided for in that Notice.

(3) A Notice made pursuant to subsection (1) shall only apply to the
referendum referred to in that Notice.

Entitlement.

9.(1) A person who is registered to vote shall be entitled to cast a vote in
the manner prescribed in Part 5.

(2) No person shall be entitled to vote more than once in the referendum.

Part 4
Registration as a Voter

Voters list.

10. The Registration Officer shall compile a voters list from official records
available to him and shall publish such list no later than 21 days before a
referendum by making copies thereof available for inspection at specified
places to which the public have access and by such other means of
publication as he may consider appropriate.

Claims, objections and amendments.

11.(1) Claims for inclusion, objections or amendments to the voters lists
may be made by giving notice thereof to the Registration Officer as in Form
C, Form D or Form E in the Schedule, respectively.

(2) Any notice under subsection (1) delivered to the Registration Officer
after the tenth day before the Referendum Day shall be disregarded.

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(3) The Registration Officer shall determine all claims for inclusions,
objections and amendments to the voters list.

(4) When the Registration Officer is in any doubt as to whether a person is
entitled to be included or excluded from the Register or whether an
amendment should be made, he shall refer the matter to the Referendum
Administrator who shall consider and decide the question and whose
decision thereon shall be final.

(5) Claims and objections shall be made available for inspection in the
registration officer’s office until completion of the hearing of claims and
objections.

Hearing of claims and objections.

12.(1) On the hearing of a claim, the claimant and any person who has duly
made an objection and on the hearing of an objection, the objector and the
person objected to and, on the hearing of either, any other person who
appears to the Registration Officer to be interested shall be entitled to
appear and be heard.

(2) The right to be heard includes the right to make written
representations.

(3) Any person entitled to appear may do so either in person or by any
other person on his behalf.

(4) The Registration Officer may, at the request of any person entitled to
appear or, if he thinks fit, without such a request, require that the evidence
tendered by any person shall be given on oath and may administer an oath
for the purpose.

Register of voters.

13.(1) The Register shall be framed in separate parts for each voting place
and the name of each voter shall be entered in only one part of the Register
to correlate with the voting place in which the voter resides.

(2) The names of voters shall be arranged in such manner as the
Referendum Administrator may think fit.

(3) The voters in the Register shall be assigned a Registration Number.

(4) The Registration Number shall be unique to the voter for the purpose
of the referendum.

(5) The Referendum Administrator shall publish the Register not later
than 7 days before Referendum Day.
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(6) The Register shall only be valid for the referendum for which it was
complied.

Part 5
Voting at Referendum

Appointment of voting stations.

14. The Referendum Administrator shall appoint voting stations for each
part of the Register.

Notice of voting.

15. The Referendum Administrator shall not later than 14 days before
Referendum Day, and thereafter at such times as the Referendum
Administrator deems appropriate, publish by such means of publication as
he shall consider appropriate to bring it to the attention of the voters, a
general notice specifying–

(a) the situation of every voting station;

(b) the hours of voting; and

(c) the question upon which a vote can be cast at the referendum.

Officers at voting stations.

16.(1) There shall, in respect of each voting station, be a Presiding Officer
and such number of clerks as may be necessary for the purposes of the
referendum.

(2) The Presiding Officer shall have full authority and shall do everything
to ensure the smooth conduct of voting in accordance with this Part.

(3) A Presiding Officer may, by the clerks appointed to assist him, do any
act (including the asking of questions) which he is required or authorised by
this Act to do at a voting station except order the arrest, exclusion or
removal of any person from the voting station.

Facilities at voting stations.

17.(1) The Referendum Administrator shall–

(a) ensure that in each voting station there are such number of
compartments as may be necessary in which voters can cast
their votes screened from observation;

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(b) furnish each Presiding Officer with such number of voting
boxes and such voting papers as may be necessary;

(c) provide each voting station with instruments for making an
official mark on the voting paper;

(d) provide each voting station with copies of the appropriate part
of the Register.

(2) A notice as in Form F in the Schedule giving directions for the
guidance of the voters in voting shall be printed and exhibited prominently
outside every voting station and in every compartment of every voting
station.

Voting boxes.

18. The voting boxes shall be so constructed that a voting paper may be put
therein by a voter but may not be withdrawn by him or by any succeeding
voter.

Voting papers.

19. Every voting paper shall be as in Form G in the Schedule and shall–

(a) be capable of being folded up;

(b) have a number printed on the back; and

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

Voting Agents.

20.(1) Not later than 10 days before Referendum Day–

(a) any political party with representation in the Gibraltar
Parliament shall be entitled to nominate persons (hereinafter
referred to as Voting Agents); and

(b) any other political party or officially recognised referendum
campaign organisation in Gibraltar may apply in writing to the
Referendum Administrator to appoint Voting Agents
nominated by them,

for the purposes of detecting personation at voting stations.

(2) Notice in writing of the Voting Agents nominated under subsection
(1)(a) and approved under subsection (1)(b) stating their names and
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addresses, together with the voting station to which each has been assigned,
shall be given by the Referendum Administrator to the relevant political
parties and the officially recognised referendum campaign organisations.

(3) No political party or officially recognised referendum campaign
organisation shall have more than one Voting Agent at any voting station at
any one time.

Preparation of voting boxes.

21. Immediately before the time fixed for the commencement of the voting
each voting box shall be shown to such persons as may lawfully be present
in the voting station to be empty before being locked and sealed and placed
in the view of the Presiding Officer for the receipt of voting papers.

Issue of voting paper.

22. Every voter who is not registered as an absentee or postal voter shall
present himself to a clerk at the voting station, at which he is registered as
being entitled to vote and the clerk, if satisfied that such voter is a person
whose name appears on the part of the Register allotted to such voting
station and that he has not already voted, shall deliver to him a voting paper.

Marking of voting paper, etc.

23. Immediately before the clerk delivers a voting paper to a voter–

(a) the voting paper shall be marked or punched with an official
secret mark;

(b) the number, name and address of the voter as stated in the part
of the Register allotted to the voting station shall be called out;
and

(c) a mark shall be placed against the number of the voter in the
part of the Register allotted to the voting station to denote that
the voting paper has been received by the voter.

Questions to be put to voters.

24.(1) The Presiding Officer may, and if so requested by a Voting Agent
shall, require any person applying for a voting paper at the time of his
application, but not afterwards, to produce means of identification and may
at the time of such application, but not afterwards, require such person to
answer the following questions, or either of them, that is to say–

(a) Are you the person registered in the Register as
follows?…………………………….. (reading the entry in the
register); and
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(b) Have you already voted at the present referendum at this or any
other voting station?

(2) A voting paper shall not be delivered to any person who fails to
comply, to the satisfaction of the Presiding Officer, with any requirement of
such officer under subsection (1), and the Presiding Officer shall record on
the list of persons refused voting papers the names and the Registration
Numbers of all such persons.

(3) Save as is by this section authorised, no enquiry shall be permitted as
to the right of any person to vote.

Voting procedure.

25. A voter on receiving a voting paper shall go immediately into one of the
compartments in the voting station and shall there secretly cast his vote by
placing the symbol “X” inside the box indicating the option of his choice,
folding the voting paper so as to conceal his vote and shall then show to the
Presiding Officer the folded voting paper so as to disclose the official mark
and shall then place the voting paper so folded into the voting box in the
presence of the Presiding Officer.

Identification marks on voting paper.

26. No voter shall place on the voting paper any writing or mark by which
he may be identified.

Accidental destruction of voting paper.

27. A voter who has accidentally dealt with his voting paper in such
manner that it cannot be conveniently used as a voting paper may on
delivering it to the Presiding Officer and on satisfying the Presiding Officer
that it has been spoilt by accident, obtain another in place thereof and the
spoilt voting paper shall be immediately cancelled.

Votes marked by a Presiding Officer.

28.(1) A Presiding Officer, on the application of–

(a) a voter who is unable by blindness or other physical cause to
vote in the manner provided by this Part; or

(b) a voter who declares orally that he is unable to read the voting
paper,

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shall cause the vote of the voter to be marked on the voting paper in the
manner directed by the voter and the voting paper to be placed in the voting
box.

(2) The name and Registration Number of every voter whose vote is
marked in pursuance of this section and the reason why it is so marked,
shall be entered on the list of votes marked by the Presiding Officer.

Blind and other voters assisted by companions.

29.(1) If a voter makes an application to a Presiding Officer to be allowed
on the ground of blindness or other physical disability to vote with the
assistance of another person by whom he is accompanied, the Presiding
Officer shall grant the application if he is satisfied–

(a) that the voter is unable to vote without assistance;

(b) that the person accompanying the voter is himself entitled to
vote at the referendum; and

(c) by a written declaration made by the person accompanying the
voter that such person has not previously assisted more than
one other person to vote at the referendum.

(2) The name and Registration Number of every voter whose vote is cast
in accordance with this section and the name and address of the companion
shall be entered on the list of voters assisted by companions.

Personal attendance.

30. Save as otherwise provided in this Act, a vote may not be cast by a
voter except by his attending in person at the voting station and casting his
vote in accordance with this Part.

Appropriate voting station.

31. Save as otherwise provided by this Act, no person shall be permitted to
vote except at the voting station appointed for that part of the Register in
which his name appears.

Officer on duty to be released to cast vote where registered.

32. A Presiding Officer and a clerk carrying out duties in relation to the
referendum shall be permitted to leave the voting station at which he is on
duty in order to cast his vote at such time as the Presiding Officer considers
to be reasonable and convenient.

Tendered voting papers.

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33.(1) If a person representing himself to be a particular voter named in the
Register applies for a voting paper after another person has voted as such
voter, the applicant shall, on satisfactorily answering the questions set out in
section 24, be entitled subject to the following provisions of this section, to
mark a tendered voting paper in the same manner as any other voter.

(2) A tendered voting paper shall–

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

(b) instead of being put into the voting box, be given to the
Presiding Officer and endorsed by him with the name of the
voter and his Registration Number and shall be set aside in a
separate packet; and

(c) shall not be counted by the Referendum Administrator.

(3) The name of the voter and his Registration Number shall be entered on
the tendered votes list.

Exclusion of unauthorised persons and order at voting stations.

34. The Presiding Officer shall regulate the admission of voters to the
voting station and exclude all other persons except the Referendum
Administrator, Referendum Observers, Voting Agents, the Senior Presiding
Officer, clerks, police officers on duty and any other person who has lawful
reason to be admitted and such other persons as the Referendum
Administrator may specifically authorise and subject to such conditions as
he may impose, and the Presiding Officer shall keep order and ensure
compliance with this Act at the voting station.

Removal of persons misconducting themselves.

35.(1) If any person misconducts himself at a voting station or fails to obey
any lawful order of the Presiding Officer, he may by request of the
Presiding Officer be removed from the voting station by a police officer.

(2) A person so removed shall not without the permission of the Presiding
Officer again enter the voting station during Referendum Day.

Interruption of referendum.

36.(1) If the proceedings at any voting station are interrupted or obstructed
by riot or open violence, the Presiding Officer shall forthwith inform the
Referendum Administrator who may adjourn the proceedings until later in
the day or until the following day after taking such precautions as are
necessary to safeguard the voting boxes and voting papers and other
requisites.
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(2) If the voting is adjourned at any voting station to the following day,
the hours of voting shall be the same as for the original day and reference in
this Part to the closing of the voting shall be construed accordingly.

Closing of voting station.

37. When the prescribed hour for the closing of the voting has been reached
the Presiding Officer shall declare that no more persons shall be admitted to
the voting station and thereafter only the persons already inside the voting
station shall be permitted to vote.


Methods of dealing with voting boxes and voting papers.

38.(1) As soon as practicable after the termination of voting the Presiding
Officer shall, in the presence of any Referendum Observer or any Voting
Agent in attendance, seal the voting boxes so as to prevent the introduction
of additional voting papers and make up into separate packets sealed with
his own seal and marked for identification:

(a) the marked copies of the Register;

(b) the counterfoils of the used voting papers;

(c) the tendered voting papers;
(d) the unused and spoilt voting papers placed together; and

(e) the lists account which shall be comprised of the list of votes
marked by the Presiding Officer; the list of voters assisted by
companions; the tendered votes list; the absentee list, the postal
voters list and the declaration made by the companions of
voters,

and shall deliver the packets and voting boxes to the Referendum
Administrator to be taken charge of by him.

(2) The packets shall be accompanied by the voting paper accounts
prepared by the Presiding Officer showing the number of voting papers
entrusted to him, and accounting for them under the heads of–

(a) voting papers in the voting boxes;

(b) the number of unused and spoilt voting papers; and

(c) the number of tendered voting papers.

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(3) After the voting papers account has been made up and before the
packet is sealed for delivery to the Referendum Administrator a Voting
Agent may verify the voting papers account and a Voting Agent by whom
such verification is made shall sign his name on the voting papers account.

Part 6
Absentee Voting

Request to be an absentee voter.

39.(1) Notwithstanding any other provision of this Act, where not later than
6 days before Referendum Day, a voter so requests and satisfies the
Referendum Administrator–

(a) by the production of a medical certificate by a duly qualified
medical practitioner that by reason of physical infirmity; or

(b) by the production of a certificate from the Superintendent of
Prison that by reason of incarceration;

he will be unable to leave his place of abode to go to a voting station on
Referendum Day, that voter may in accordance with this section, during the
hours of voting, vote at his place of abode instead of voting at a voting
station.

(2) In this section ‘place of abode’ means any hospital, home, prison,
institution, or similar place where a voter for the time being resides as a
patient or an inmate.

(3) A request under this section and the relevant certificate in support of
that request shall be as in Form H or I in the Schedule as the case may be.

Absentee list.

40. The Referendum Administrator shall publish, not later than 2 days
before Referendum Day a list of the name and Registration Number of
every voter who is entitled to vote under this Part.

Absentee voting.

41.(1) The Referendum Administrator shall appoint one or more Presiding
Officers and such clerks as may be necessary for the purposes of this Part.

(2) The Referendum Administrator shall also appoint 2 persons to
accompany every Presiding Officer appointed under subsection (1) in the
exercise of his functions under this Part.

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(3) On Referendum Day within the hours of voting, each Presiding Officer
appointed for the purposes of this Part shall attend at the place of abode of
every voter whose name appears on the absentee list or, where more than
one Presiding Officer is so appointed, at the place of abode of such of those
voters as the Referendum Administrator may allocate to him, in order to
receive the vote of that voter or voters.

(4) The Presiding Officer shall not be obliged to remain to receive a vote
where, on attending the place of abode of a voter on the absentee list, he is
satisfied on reasonable grounds that the voter is not able to vote.

(5) The referendum shall not be invalid by reason of the inability of a
Presiding Officer to attend at the place of abode of a voter on the absentee
list within the time specified hours of voting.

(6) From the time that each Presiding Officer leaves the office of the
Referendum Administrator to attend at the places of abode of voters on the
absentee list until the time that he returns to the office of the Referendum
Administrator he shall–

(a) retain in his view and custody the voting box provided to him;

(b) cause the aperture of the voting box to be kept covered at all
times except when the voting paper of any such voter is being
introduced; and

(c) be accompanied by his clerks, a police officer, Voting Agents,
and not more than two Referendum Observers who may wish
to attend.

(7) No other person may accompany a Presiding Officer appointed for the
purposes of this Part when he is attending at the place of abode of a voter on
the absentee list or receiving such a vote:
Provided that the companion of a blind voter may be present in accordance
with this Act when that voter votes.

(8) It shall be the function of every Referendum Observer and Voting
Agent, who accompanies a Presiding Officer under this section to the places
of abode of voters on the absentee list to observe that the requirements of
this Act are complied with impartially, but no Referendum Observer shall
speak to such a voter concerning the exercise of that voter’s right to vote.

(9) Section 25 shall not apply to a vote under this Part but every absentee
voter shall be allowed to mark his voting paper in secrecy, or with such
secrecy as the circumstances reasonably permit, and shall then fold up the
voting paper, show to the Presiding Officer the folded voting paper so as to
disclose the official mark, and put the voting paper so folded into the voting
box in the presence of the Presiding Officer.
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Completion of absentee voting.

42.(1) Each Presiding Officer appointed for the purposes of this Part, with
his clerks, police officer, and Referendum Observers (if any), shall proceed
as expeditiously as possible in taking votes under this section and shall
thereafter return directly to the office of the Referendum Administrator
where he shall comply with the requirements of section 38 in the presence
of the persons so accompanying him.

(2) Any Voting Agent may be present for the taking of votes under
subsection (1) and in the office of the Referendum Administrator when a
Presiding Officer appointed for the purposes of this Part is complying with
section 38.

(3) No voter whose name appears on the absentee list may vote in the
referendum otherwise than at his place of abode and under this Part.

Part 7
Postal Voting
Postal voters list.

43.(1) Notwithstanding any other provision of this Act, a voter who, owing
to his temporary absence from Gibraltar, is unable or likely to be unable to
go in person to the voting station on Referendum Day, may apply to the
Referendum Administrator to be registered in the postal voters list.

(2) Subject to the provisions of this Part, the Referendum Administrator
shall prepare and publish a list of postal voters list for the referendum by
making a copy thereof available for inspection at his office.

(3) Not later than 28 days before Referendum Day, the Referendum
Administrator shall publish a notice in one or more newspapers, and by such
other means of publication as he may consider appropriate, inviting
applications from voters seeking registration as postal voters.

(4) Every application to be registered as a postal voter shall be made as in
Form J in the Schedule.

(5) The Referendum Administrator shall reject every application for
registration received by him after 12 o’clock midday 10 days before
Referendum Day.

(6) Where the Referendum Administrator rejects an application, he shall
inform the applicant in writing of the fact and his reasons for doing so.

(7) Where the Referendum Administrator grants an application, he shall
issue a postal voting paper to the applicant by sending the postal voting
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paper by post addressed to the applicant at the address specified in the
application.
Issue of postal voting papers.

44.(1) No person other than–

(a) the Referendum Administrator and his staff;

(b) any Referendum Observers; and

(c) Voting Agents,

shall be present at the issue of postal voting papers unless so permitted by
the Referendum Administrator.

(2)(a) Each postal voting paper issued shall be stamped or punched
with an official secret mark (which shall be different to that on
the voting paper issued to other voters) and the name and
Registration Number of the voter shall be called out and a mark
shall be placed in the postal voters list against the Registration
Number of the voter to denote that a postal voting paper has
been issued to the postal voter but without showing the
particular postal voting paper issued;

(b) the number of the postal voting paper shall be marked on the
declaration of identity and the envelope sent with that postal
voting paper;

(c) the declaration of identity shall be as in Form K in the
Schedule;

(d) the Referendum Administrator shall, in addition to the voting
paper, declaration of identity and the covering envelopes
marked ‘B’ for their return, send a smaller voting paper
envelope marked as such, bearing the number of the postal
voting paper and marked ‘A’;

(e) envelopes addressed to postal voters shall be counted and
forthwith delivered by the Referendum Administrator to the
Post Office who shall date and stamp with the post office seal a
form of receipt to be presented to the Referendum
Administrator stating the number of envelopes so delivered and
shall immediately forward such envelopes by mail for delivery
to the persons to whom they are addressed;

(f) the Referendum Administrator, as soon as practicable after the
completion of the issue of the postal voting papers, and in the
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presence of those Referendum Observers and Voting Agents
who wish to be present, shall make up in separate packets–

(i) the marked copy of the postal voters list; and

(ii) the counterfoils of those postal voting papers which were
issued,

and shall seal such packets;

(g) the sealed packet containing the marked copy of the postal
voters list may be opened by the Referendum Administrator for
the purposes of a subsequent issue, and on completion of that
issue the copy shall be again made up and sealed in accordance
with the last foregoing subsection.


Action to be taken by postal voter.

45.(1) Each postal voter shall receive–

(a) one postal voting paper;

(b) one declaration of identity;

(c) one voting paper envelope; and

(d) two covering envelopes.

(2) The postal voter, on receipt of the documents, shall–

(a) sign the declaration of identity in the presence of a person
known to him;

(b) secretly mark the postal voting paper with the symbol ‘X’
inside the box underneath the option for which he is voting;

(c) put the postal voting paper in the voting paper envelope and
seal it;

(d) put the voting paper envelope and the declaration of identity in
the covering envelope of his choice and seal it; and

(e) return it in accordance with the procedure in section 45.

(3) Where a postal voter receives by mistake more than one postal voting
paper he shall return only one.
Receipt of postal votes.
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46.(1) One of the two covering envelopes shall bear the address of the
Gibraltar Government London Office and the other the address of the
Referendum Administrator in Gibraltar to offer the postal voter a choice for
the return of his postal voting paper.

(2) On receipt of a covering envelope it shall be placed unopened in a
sealed Postal Voter’s Box.
(3) Notwithstanding any other provision of this Act, any covering
envelope received at the Gibraltar Government London Office after 12
o’clock midday on the day before Referendum Day shall not be placed in
the Postal Voter’s Box and the postal voting paper therein shall not be
counted.

(4) Arrangements shall forthwith be made to convey the Postal Voter’s
Box at the Gibraltar Government London Office, by a person appointed by
the Referendum Administrator for the purpose, to Gibraltar in time for the
counting of votes.
Late envelopes.

47. When any covering envelopes are received by the Gibraltar
Government London Office after 12 o’clock midday on the day before
Referendum Day, they shall be put unopened into a separate packet, sealed
up and forwarded to the Referendum Administrator.
Voting only by post.

48. No postal voter shall be eligible to vote at any voting station or by any
means otherwise than by post and pursuant to the provisions of this Part.

PART 8
The Count
Counting agents.

49.(1) Not later than 10 days before Referendum Day,–

(a) any political party with representation in the Gibraltar
Parliament shall be entitled to nominate persons as counting
agents; and

(b) any other political party or officially recognised referendum
campaign organisation in Gibraltar may apply in writing to the
Referendum Administrator to appoint not more than two
counting agents nominated by them;

to attend at the counting of the votes.

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(2) Notice in writing of the appointment of counting agents stating their
names and addresses shall be given by the Referendum Administrator to the
relevant political party or to the officially recognised referendum campaign
organisation.
Counting of votes.

50.(1) The Referendum Administrator shall make arrangements for
counting the votes at a place to be determined by him in the presence of the
Referendum Observers and the counting agents who wish to be present as
soon as practicable after the termination of the voting and shall proceed
continuously with the counting.

(2) Except with the consent of the Referendum Administrator who shall
have sole charge of the counting, no person other than the Referendum
Observers, Senior Counting Officer, counting clerks and counting agents
shall be present at the counting of the votes.
Counting of voting papers.

51. The Referendum Administrator, shall, in the presence of any
Referendum Observers and counting agents who wish to be present, open
each voting box one by one; he shall then proceed, assisted by the Senior
Counting Officer and by the counting clerks, to count the voting papers in
each voting box.

Verification of voting paper accounts.

52.(1) At the conclusion of the counting of the voting papers the
Referendum Administrator shall proceed, in the presence of any
Referendum Observers and counting agents who wish to be present, to
verify each voting paper account given by the Presiding Officers by
comparing such accounts with the total number of voting papers recorded
by him and the unused and spoilt voting papers delivered to him, and shall
draw up a statement as to the result of the verification which any counting
agent may copy.

(2) After examination the Referendum Administrator shall re-seal the
packets containing the unused and spoilt voting papers.

(3) He shall not open the sealed packets of tendered voting papers or the
sealed packets containing the marked copies of the Register or the sealed
packets containing the counterfoils of the used voting papers.
Rejected voting papers.

53.(1) Any voting paper–

(a) which does not bear the official mark;
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(b) on which anything is written or marked by which the voter
can be identified;

(c) which is unmarked; or

(d) which is marked otherwise than by means of the symbol ‘X’ in
one of the spaces opposite one of the alternative options, or
which is otherwise void for uncertainty,

shall, subject to the provisions of this section, be void and shall not be
counted.

(2) Notwithstanding any of the provisions of this Act, a voting paper on
which–

(a) a vote is marked elsewhere than in the proper place;

(b) a vote is marked by more than one mark; or

(c) a vote is marked otherwise than by means of the symbol ‘X’;

shall not by reason thereof be deemed void (either wholly or as respects any
vote) if an intention that the vote shall be for one or other of the alternative
options clearly appears and the way the paper is marked does not of itself
identify the voter and it is not clear that he can be identified thereby.

(3) The Referendum Administrator shall endorse the word ‘Rejected’ on
any voting paper which under this section is not to be counted and shall add
to the endorsement the words ‘Rejection objected to’ if an objection is made
to such decision by a counting agent.
Counting of postal voting papers.

54.(1) The postal voters boxes shall be opened by the Referendum
Administrator in the presence of the counting agents at the counting of the
votes.

(2) When the postal voters boxes have been opened, the Referendum
Administrator shall count and note the number of covering envelopes, and
shall then open each covering envelope separately.

(3) Where a covering envelope does not contain both a declaration of
identity and either a voting paper envelope or, there being no voting paper
envelope, a voting paper, the Referendum Administrator shall mark the
covering envelope ‘Rejected’, attach thereto the contents (if any) of the
covering envelope and place in the receptacle for votes rejected; and if the
covering envelope does not contain the declaration of identity separately,
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the Referendum Administrator shall open the voting paper envelope to
ascertain if the declaration of identity is inside the voting paper envelope.

(4) On opening a covering envelope, other than one to which subsection
(3) applies, the Referendum Administrator shall satisfy himself that the
declaration of identity has been duly signed and authenticated and, if he is
not so satisfied, he shall mark the declaration of identity ‘Rejected’, attach
thereto the voting paper envelope or, if there is no such envelope, the voting
paper, and place it in the receptacle for votes rejected:

Provided that before so doing he shall show the declaration of identity to the
counting agents and, if any objection is made by any counting agent to his
decision, he shall add the words ‘Rejection objected to’.

(5) Where the number on the declaration of identity agrees with the
number on the voting paper envelope, the Referendum Administrator shall
place the declaration of identity in receptacle for declaration of identity and
the voting paper envelope in the receptacle for voting paper envelopes.

(6) Where there is no voting paper envelope or the voting paper envelope
has been opened under subsection (3) of this section, the Referendum
Administrator shall–

(a) where the number on the declaration of identity agrees with the
number on the voting paper, place the declaration of identity in
the receptacle for declarations of identity and the voting paper
in an envelope which shall then be sealed and placed in the
receptacle for voting paper envelopes; and

(b) where the number on the declaration of identity does not agree
with the number on the voting paper, mark the declaration of
identity ‘Rejected’, attach thereto the voting paper and place it
in the receptacle for votes rejected.

(7) Where the number on the declaration of identity does not agree with
the number on the voting paper envelope or the voting paper envelope has
no number on it, he shall open the voting paper envelope and shall–

(a) where the number on the declaration of identity agrees with the
number on the voting paper, place the declaration of identity in
the receptacle for declarations of identity and the voting paper
in an envelope which shall then be sealed and placed in the
receptacle for voting paper envelopes; and

(b) where the number on the declaration of identity does not agree
with the number on the postal voting paper or there is no postal
voting paper, mark the declaration of identity ‘Rejected’, attach
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thereto the postal voting paper (if any) and place it in the
receptacle for votes rejected.

(8) Except for the purposes of ascertaining under subsection (3) of this
section whether a voting paper envelope contains a declaration of identity or
under subsection (6) of this section whether the number on the declaration
of identity agrees with the number on the voting paper, the Referendum
Administrator shall not open the voting paper envelope before they are
opened under section 55.

(9) On the conclusion of the proceedings, the Referendum Administrator
shall put the contents of the receptacle for votes rejected and the contents of
the receptacle for declarations of identity into two separate packets and shall
seal up such packets.

Counting of postal votes.

55.(1) After sealing up the said packets, the Referendum Administrator
shall open separately each voting paper envelope placed in the receptacle for
voting paper envelopes.

(2) Where the number on the voting paper envelope agrees with the
number on the voting paper contained therein, he shall place the voting
paper in the receptacle for voting papers.

(3) Where the number on the voting paper envelope does not agree with
the number on the voting paper contained therein he shall mark the voting
paper ‘Rejected’ and attach the voting paper envelope thereto.

(4) He shall put into a separate packet the voting paper envelopes and the
voting papers marked ‘Rejected’ under the provisions of this section and
shall seal up such packet.
Spoilt postal voting papers.

56.(1) Where a postal voting paper has been dealt with in such manner that
it cannot be used as a voting paper, the spoilt postal voting paper, the
declaration of identity and voting paper envelope shall be immediately
cancelled.

(2) The Referendum Administrator, as soon as practicable after cancelling
the said documents, shall make up the said documents in a separate packet
and shall seal the packet; and if on any subsequent occasion documents are
cancelled as aforesaid the sealed packet shall be opened and the additional
cancelled documents included therein and the packet shall thereupon be
again made up and sealed.
The count.
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57. The Referendum Administrator at the conclusion of the counting of the
votes shall record the total number of votes cast in favour of each option.

Re-count.

58. A counting agent may, if present when the counting or any recounting
of the votes is concluded, require the Referendum Administrator to have the
votes recounted or again recounted but the Referendum Administrator shall
have power to refuse to do so if, in his opinion, the request is unreasonable.
Declaration of result.

59.(1) When the result of the voting has been ascertained, the Referendum
Administrator shall–

(a) forthwith declare at the place of counting the number of votes
cast in favour of each option; and

(b) report the result of the voting to the Government.

(2) The Referendum Administrator shall as soon as possible publish in the
Gazette the result of the referendum and the number of votes cast in favour
of each option.

Report of referendum.

60.(1) Within 3 weeks of the referendum, the Referendum Administrator
shall draw up a full report on the organisation, conduct and results thereof.

(2) The report shall state–

(a) the number of ‘Yes’ votes;

(b) the number of ‘No’ votes;

(c) the number of voting papers and postal voting papers marked
‘Rejected’, which of those were objected to;

(d) the voting paper accounts; and

(e) the lists account compiled pursuant to section 38(1)(e).

(3) The Referendum Administrator shall certify the report and attach to
the certified report the original Order for Referendum and send it to the
Minister who shall lay such report on the table of the Gibraltar Parliament at
its next meeting following presentation thereof.

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PART 9
Offences

Referendum Officers and Referendum Observers to observe secrecy.

61.(1) A person who is, or has been, a Referendum Officer or a
Referendum Observer shall not, except for the purposes of Part 5, either
directly or indirectly, divulge or communicate any information with respect
to the vote of a voter at a referendum acquired by the person in the
performance of functions or in the exercise of powers under this Act in a
manner that is likely to enable the identification of the voter.

(2) A person who contravenes subsection (1) is guilty of an offence.

Officers not to contravene Act etc.

62. A person who, being a Referendum Officer, contravenes–

(a) a provision of this Act for which no other penalty is provided;
or

(b) a direction given to him under this Act;

is guilty of an offence.

Officers not to influence vote.

63. A person who, being a Referendum Officer, does any act or thing with
the intention of influencing the vote of another person at a referendum, is
guilty of an offence.

Influencing votes of hospital patients etc.

64.(1) A person who is the proprietor of, or an employee of the proprietor
of, a hospital or nursing home shall not do anything with the intention of
influencing the vote of a patient in, or resident at, the hospital or nursing
home.

(2) The reference in subsection (1) to the proprietor of a hospital or
nursing home includes a reference to a person who is a member or officer of
a body corporate that is the proprietor of a hospital or nursing home.

(3) No prison officer shall do anything with the intention of influencing
the vote of an inmate in a prison.

Bribery.

65.(1) The following persons shall be deemed guilty of bribery within the
meaning of this Act–
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(a) any person who directly or indirectly by himself or by any
other person on his behalf gives, lends, or agrees to give or
lend, or offers, 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 person on behalf of any voter,
or to or for any other person, in order to induce any voter to
vote for or refrain from voting, or corruptly does any such act
on account of such voter having voted or refrained from voting
at any referendum;

(b) any person who directly or indirectly, by himself or by any
other person on his behalf, gives or procures, or agrees to give
or procure, or offers, promises, or promises to procure or to
endeavour to procure any office, place, or employment to or
for any voter, or to or for any person on behalf of any voter, or
to or for any other person, in order to induce such voter to vote
or refrain from voting, or corruptly does any such act on
account of any voter having voted or refrained from voting at
any referendum;

(c) any person who directly or indirectly by himself or by any
other person on his behalf, makes any such gift, loan, offer,
promise, procurement, or agreement as aforesaid, to or for any
person, in order to induce such person to procure, or endeavour
to procure, the vote of any elector at any referendum;

(d) any person who, upon or in consequence of any such gift, loan,
offer, promise, procurement, or agreement, procures or
engages, promises or endeavours to procure the vote of any
voter at any referendum;

(e) any person who advances or pays, or causes to be paid, any
money to or to the use of any other person, with the intent that
such money, or any part thereof, shall be expended in bribery
at any referendum, or who knowingly pays, or causes to be
paid, any money to any person in discharge or repayment of
any money wholly or in part expended in bribery at any
referendum;

(f) any voter who before or during any referendum, directly or
indirectly, by himself, or by any other person on his behalf,
receives, agrees, or contracts for any money, gift, loan, or
valuable consideration, office, place, or employment, for
himself or for any person, for voting or agreeing to vote, or for
refraining or agreeing to refrain from voting, at any
referendum; and

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(g) any person who, after any referendum, directly or indirectly, by
himself or by any other person on his behalf, receives any
money or valuable consideration on account of any person
having voted or refrained from voting, or having induced any
other person to vote or refrain from voting, at any referendum.

(2) This section does not apply in relation to a declaration of public policy
or a promise of public action.

Interference with political liberty.

66.(1) A person shall not hinder or interfere with the free exercise or
performance, by any other person, of any political right or duty that is
relevant to a referendum under this Act.

(2) A person who contravenes subsection (1) is guilty of an offence.


Printing and publication of advertisements, notices etc.

67.(1) A person shall not print, publish or distribute or cause, permit or
authorize to be printed, published or distributed any advertisement, handbill,
pamphlet or notice relating to a Referendum and intended or calculated to
affect the result of the Referendum unless–

(a) the name and address of the person who authorized the
advertisement, handbill, pamphlet or notice appears at the end
thereof; and

(b) in the case of an advertisement, handbill, pamphlet or notice
that is printed otherwise than in a newspaper the name and
place of business of the printer appears at the end thereof.

(2) A person must not produce, publish or distribute or cause, permit or
authorise to be produced, published or distributed a video recording relating
to a Referendum and intended or calculated to affect the result of the
referendum unless the name and address of the person who authorised the
video recording appears at the end of it.

(3) Subject to subsection (4), a person must not print, publish or distribute
or cause, permit or authorise to be printed, published or distributed an
advertisement relating to a referendum and intended or calculated to affect
the result of the referendum that takes up the whole or part of each of 2
opposing pages of a newspaper unless, in addition to fulfilling the
requirement under subsection (1)(a) that the name and address of the person
who authorised the advertisement appear at the end of it, such name and
address also appears on the other page, or the part of the other page, taken
up by the advertisement.
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(4) Subsection (3) does not apply to an advertisement of the kind referred
to in that subsection–

(a) that is contained within–

(i) a broken or unbroken border; or

(ii) broken or unbroken lines extending across, or partly
across, the top and bottom of the advertisement; or

(iii) a broken or unbroken line extending along, or partly
along, each side of the advertisement; or

(b) that is printed so that to read one or more lines of the text of the
advertisement it is necessary to read across both pages.

(5) A person who contravenes subsection (1), (2) or (3) is guilty of an
offence.

(6) Subsection (1) does not apply in relation to–

(a) a car sticker, T-shirt, lapel button, lapel badge, pen, pencil or
balloon; or

(b) an article included in a class of articles prescribed by the
Minister.

(7) Nothing in subsection (6)(a) shall be taken, by implication, to limit the
generality of regulations that may be made by virtue of subsection (6)(b).

Publication of advertisements on the internet.

68.(1) A person commits an offence if–

(a) either–

(i) the person publishes an advertisement relating to a
referendum on the internet; or

(ii) the person causes, permits or authorises an advertisement
relating to a referendum to be published on the internet;

(b) the advertisement is intended to affect voting in the
referendum;

(c) the advertisement is paid for by the person or another person;
and
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(d) the name and address of the person who authorised the
advertisement does not appear at the end of the advertisement.

(2) Subsection (1) does not apply if the matter published on the internet
forms part of a general commentary on a website.

Misleading or deceptive publications etc.

69.(1) A person shall not, during the referendum period in relation to a
Referendum, print, publish or distribute, or cause, permit or authorize to be
printed, published or distributed, any matter or thing that is likely to mislead
or deceive a voter in relation to the casting of a vote at the referendum.

(2) A person who contravenes subsection (1) is guilty of an offence.

(3) In a prosecution of a person for an offence under this section, it is a
defence if the person proves that he or she did not know, and could not
reasonably be expected to have known, that the matter or thing was likely to
mislead a voter in relation to the casting of a vote.

False statements in relation to the Register.

70. A person who, on Referendum Day, makes a statement to a voter, either
orally or in writing, with respect to the registration of a voter that, to the
knowledge of the first-mentioned person, is false or misleading in a material
respect, is guilty of an offence.
Headings to advertisements.
71.(1) Subject to subsection (2), where an advertisement in a journal contains matter
intended or calculated to affect the result of a Referendum (whether or not the advertisement
was inserted for consideration) the proprietor of the journal must cause the word
‘advertisement’ (in letters not smaller than 10 point) to be printed as a headline to the
advertisement–

(a) if the advertisement takes up one page or part of one page—on
that page; or

(b) if the advertisement takes up the whole or part of each of 2
opposing pages—on each page.

(2) Where an advertisement of the kind referred to in subsection (1) that
takes up the whole or part of each of 2 opposing pages of a journal–

(a) is contained within:

(i) a broken or unbroken border;

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(ii) broken or unbroken lines extending across, or partly
across, the top and bottom of the advertisement; or

(iii) a broken or unbroken line extending along, or partly
along, each side of the advertisement; or

(b) is printed so that to read one or more lines of the text of the
advertisement it is necessary to read both pages,

the proprietor of the journal must cause the word ‘advertisement’ to be
printed as a headline in letters not smaller than 10 point to the advertisement
on one of the pages.

(3) A person who contravenes the provisions of this section is guilty of an
offence.

Cards in voting stations.

72.(1) Save as otherwise provided by this Act, a person shall not display or
leave at a voting station a card or paper that contains a recommendation as
to how a voter should vote at a referendum or as to the method of voting at a
referendum.

(2) Subsection (1) does not apply to an instruction as to the method of
voting at a referendum displayed at a voting station by a person authorised
to display such an instruction.

(3) A person who contravenes the provisions of this section is guilty of an
offence.

Marks on voting papers.

73.(1) Except as authorized by this Act, a person shall not make any mark
on a voting paper that has been issued to another person.

(2) A person who contravenes subsection (1) is guilty of an offence.

Other offences relating to voting papers, etc.

74.(1) A person shall not–

(a) impersonate another person with the intention of voting in that
other person’s name;

(b) impersonate another person with the intention of securing a
voting paper to which the first mentioned person is not entitled;

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(c) fraudulently do an act that results in the destruction or
defacement of a voting paper or other document relating to a
referendum;

(d) fraudulently put any voting paper or other paper into a voting
box;

(e) fraudulently take any voting paper out of a voting station or a
place where the count is being conducted;

(f) supply voting papers without authority to do so under this Act
or the regulations; or

(g) do an act that results in the unlawful destruction of, taking of,
opening of, or interference with, voting boxes or voting papers.

(2) A person who contravenes subsection (1) is guilty of an offence.

(3) A person is guilty of an offence if the person votes more than once in
the same referendum.

(4) An offence under subsection (3) is an offence of strict liability.

(5) A person is guilty of an offence if the person–

(a) does an act; and

(b) the act results in the defacement, mutilation, destruction or
removal of any notice, list or other document displayed in any
place by, or with the authority of, an officer.

Badges or emblems at voting stations.

75.(1) A Referendum Officer who wears or displays in a voting station on
the Referendum Day any badge or emblem in support of or in opposition to
the question submitted to a referendum, is guilty of an offence.

(2) Strict liability applies to an offence against subsection (1).

Molestation.

76.(1) The Referendum Administrator may, by means of a red line marked
on the ground, cause to be demarcated an area in the vicinity of any voting
station, and it shall not be permitted during the hours of poll to solicit voters
who are in such an area or to distribute leaflets or other papers to them or to
accost them with a view to such solicitation or distribution or otherwise to
molest them.

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(2) A person who, during the hours of poll whilst a voter is in an area
demarcated in pursuance of subsection (1), solicits the voter or distributes
leaflets or other papers to or accosts that voter with a view to such a
solicitation or distribution or otherwise molests the voter is guilty of an
offence.

Misconduct at public meeting.

77.(1) This section applies to any lawful public meeting held in relation to a
referendum during the referendum period.

(2) Any person who, at any public meeting to which this section applies,
acts in a disorderly manner with the intention of preventing the transaction
of the business for which the meeting is held is guilty of an offence.

(3) The chairperson of a meeting to which this section applies–

(a) may direct a person who, in the opinion of the chairperson, is
preventing the transaction of the business for which the
meeting is being held, to leave the place in which the meeting
is being held; and

(b) if the person fails or refuses to leave the place in which the
meeting is being held, may direct a constable to remove the
person from that place,

and the constable may thereupon take such steps as are necessary to remove
the person.

(4) A person who–

(a) has left a place in which a meeting to which this section applies
is being held in accordance with a direction given under
subsection (3)(a); or

(b) has been removed from a place in which a meeting to which
this section applies is being held in accordance with a direction
given under subsection (3)(b),

shall not, without the permission of the chairperson of the meeting, return to
that place while the meeting is still in progress.

Conduct at voting stations and other premises.

78.(1) A person shall not–

(a) commit misconduct at a premises to which this section applies;

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(b) while in such premises, disobey a lawful direction given by the
person in charge of the premises; or

(c) enter or remain in such premises without the permission of the
person in charge of the premises.

(2) A person who contravenes subsection (1) is guilty of an offence.

(3) In this section premises shall mean–

(a) a voting station;

(b) a place determined by the Referendum Administrator for the
counting of votes under section 50; and

(c) a place of abode under section 39.

(4) Subsection (1)(c) does not apply to–

(a) a Referendum Officer;

(b) a Referendum Observer who is entitled to be on the premises;
or

(c) a voter who enters the voting station for the purpose of voting
and remains no longer than is reasonably necessary for that
purpose.

(5) The person in charge of premises–

(a) in respect of a voting station is the Presiding Officer;

(b) in respect of a place determined by the Referendum
Administrator for the counting of votes is the Referendum
Administrator;

(c) in respect of a place of abode is the Presiding Officer:

(6) A person who contravenes subsection (1) may be removed from the
premises by a police officer or by an authorised person.

(7) In this section authorised person means a person acting at the request
of the person in charge of premises.

Penalties.

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79.(1) Subject to subsection (2), a person who is convicted of an offence
under this Act shall be liable, on summary conviction, to imprisonment for 6
months or to a fine not exceeding level 3 on the standard scale, or to both.

(2) Where a body corporate is convicted of an offence under this Act, it
shall be liable on summary conviction to a fine not exceeding level 5 on the
standard scale.

(3) A corporate body shall be liable for an offence under this Act where
that offence is committed for its benefit by a person, acting either
individually or as part of an organ of the corporate body, who has a leading
position within the corporate body.

(4) For the purposes of subsection (3), a leading position shall be deemed
to exist where such a person has–

(a) a power of representation of the corporate body;

(b) an authority to take decisions on behalf of the corporate body;
or

(c) an authority to exercise control within the corporate body.

(5) Where a corporate body is guilty of an offence under this Act and that
offence is proved to have been committed with the consent or connivance
of, or to be attributable to any neglect on the part of, any person referred to
in subsection (3), or any person who was purporting to act in any such
capacity, that person, as well as the corporate body, shall be guilty of that
offence and shall be liable to be proceeded against and punished
accordingly.

(6) Where the affairs of a corporate body are managed by its members,
subsection (5) shall apply in relation to the acts and defaults of a member in
connection with his functions of management as if he were a director of the
corporate body.

(7) A fine imposed on an unincorporated association on its conviction for
an offence shall be paid out of the funds of the association.

(8) Where an offence under this Act committed by a partnership is proved
to have been committed with the consent or connivance of or to have been
attributable to any neglect on the part of a partner he as well as the
partnership is guilty of the offence and liable to be proceeded against and
punished accordingly.


PART 10
Miscellaneous
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Method of dealing with papers.

80.(1) Immediately after the declaration of the result the Referendum
Administrator shall seal up in separate packets the counted and rejected
voting papers and shall then arrange for the safe custody by the Registrar of
the Supreme Court of all documents relating to the conduct of the
referendum.

(2) All such documents shall be destroyed on a date to be notified by the
Government which shall not be earlier than 12 months after Referendum
Day.

Absence of observers not to invalidate proceedings.

81. Where in this Act any act or thing may be done in the presence of
referendum observers, the non-attendance of all or any of such observers at
the time and place appointed for the purpose shall not, if such act or thing is
otherwise properly done, invalidate such act or thing.
Referendum Administrator’s decision final.

82. The decision of the Referendum Administrator as to any matter arising
in respect of any organisational, administrative or procedural matter or in
respect of any voting paper shall be final.

Regulations.

83.(1) The Minister may by regulations prescribe such matters as appear to
him to be reasonably necessary for, or supplementary or incidental to, this
Act.

(2) Regulations under subsection (1) may–

(a) amend any form in any Schedule to this Act;

(b) make provision for the registration or recognition of campaign
organisations;

(c) regulate the financing of campaigns and matters incidental
thereto;

(d) provide for the participation in referenda by persons who are
unable to attend and vote in person, and such regulation may,
amend the application of any provision of this Act as it relates
to such persons;

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(e) make provision such other provision as the Minister deems
appropriate for the implementation or administration of this
Act.


PART 11
Referendum result to stand

Referendum result to stand.

84. Where a result has been declared in a referendum conducted in
accordance with this Act, that result shall be recognized and, as the
circumstances may require, be given effect to, until the result of a
subsequent referendum requires otherwise.


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SCHEDULE

FORM A
Referendum following approval of Government Motion

ORDER FOR A REFERENDUM
To the Referendum Administrator

On [insert date.] the Gibraltar Parliament approved a Government Motion
that a referendum be held on the basis of the below cited question. In
accordance with section 4 of the Referendum Act 2015 you are ordered to
submit the question herein to a referendum, in accordance with the
provisions of the Act and this Order.

The Question:

…………….[insert text of question approved in motion]....…………………
………………………………………………………………………………

I appoint the following dates:

1. For the close of the Register of Voters: the day of 20 .

2. For taking the votes of the electors: the day of
20 .

3. For the return of the Order for Referendum: the day of
20 .


Qualifying majority.

In accordance with section 4(1)(c) of the Referendum Act 2015, the
referendum shall be declared in favour of the option which attains at least
[insert figure] % of the votes.

[insert date]

[signed]
Chief Minister
* Insert if applicable



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FORM B

REFERENDUM ACT 2015

FORM OF DECLARATION OF SECRECY

1. I solemnly promise and declare that I will at this referendum:

(a) when attending at a voting station, maintain and aid in
maintaining the secrecy of voting and I will not, except for
some purpose authorised by law, communicate to any person
before the voting has terminated any information as to-

(i) the name or Registration Number on the Register of any
voter who has or has not applied for a voting paper or
voted at a voting station; or

(ii) the official mark;

(b) when attending at the counting of the votes, maintain and aid in
maintaining the secrecy of voting and I will not–

(i) ascertain or attempt to ascertain the number on the back
of any voting paper; or

(ii) communicate any information obtained as to the options
for which any votes are given on any particular voting
paper.

2. I further solemnly promise and declare that I will not at this
referendum–

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

(b) obtain or attempt to obtain in a voting station information as to
the options for which a voter in that voting station is about to
vote or has voted;

(c) communicate at any time to any person any information
obtained in a voting station as to the option for which a voter in
that voting station is about to vote or has voted, or as to the
number on the back of the voting paper given to a voter at that
voting station; or

(d) directly or indirectly induce a voter to display his voting paper
after he has marked it so as to make known to any person the
option for which he has or has not voted.
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Name of declarant . Signed [insert signature]

Date

Declared before me

Signed
Justice of the Peace/ Referendum Administrator/Presiding Officer


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FORM C

REFERENDUM ACT 2015

CLAIM FOR INCLUSION IN THE REGISTER OF VOTERS
Form No:__________________






























I declare that the information which appears on this form is correct to the best of my
knowledge and belief.

Signed: ……………………………………. Date: _________
Name and address
Of person applying
On behalf of the
Claimant

Relationship to the claimant
Full Name
Of Claimant:
Maiden Surname:
Identity card
Number:
Date of Birth:
Place of Birth:
Address:
Contact
Telephone:














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FORM D

REFERENDUM ACT 2015

FORM OF OBJECTION TO INCLUSION IN
THE REGISTER OF VOTERS


Form No:__________________
Registered as:



















Grounds for Claiming Exclusion:
_____________________________________________________________









I declare that the information which appears on this form is correct to the best of my
knowledge and belief.

My contact telephone number is: ……………………………..


Full Name
Of Claimant:
Date of Birth:
Address:





I hereby give you notice that I object to the entry of:



as an voter (in accordance with the claim made in that behalf)

The grounds of my objections are:









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Signed: …………………………………….. Date:
Name and address
Of person claiming
exclusion

Relationship to the voter
(if any)

I am entered in the voters
list as follows†








† Here insert extract from electors list.





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FORM E

REFERENDUM ACT 2015

AMENDMENTS TO THE REGISTER OF VOTERS

Form No:____________
Registered as:

















Change of Particulars:









I declare that the information which appears on this form is correct to the best of my
knowledge and belief.

My contact telephone number is: ……………………………..


Signed: …………………………………….. Date: Name and address
Of person applying on behalf of
Voter

Relationship to the voter (if any)
Full Name
Of Claimant:


Date of Birth:
Place of Birth:
Address:














New Name:
New Address:
Other Amendments:






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FORM F

HOW TO VOTE

1. The voter should see that the voting paper is marked with the official
mark before it is handed to him.

2. The voter shall go into one of the compartments and, with the pen
provided in the compartment, place the symbol ‘X’ inside the box
underneath the alternative of his choice.

3. The voter will then fold up the voting paper so as to show the official
mark on the back thereof and, on leaving the compartment, will, without
showing the front of the voting paper to any person, show such official mark
to the presiding officer and, in presence of the Presiding Officer, will then
put the voting paper into the voting box, and will forthwith leave the voting
station.

4. If the voter inadvertently spoils a voting paper he can return it to the
Presiding Officer who will, if satisfied of such inadvertence, give him
another voting paper.

5. If the voter places any mark on the voting paper by which he may
afterwards be identified, his voting paper will be void, and it will not be
counted.



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FORM G

REFERENDUM ACT 2015

VOTING PAPER FOR THE REFERENDUM OF [DATE] ON [TITLE
OF REFERENDUM]

QUESTION


[… insert the Question–

(a) as set out in the Order made pursuant to section 4(1)(b); or

(b) as set out in the Government Motion…]


YES NO





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FORM H

REFERENDUM ACT 2015

APPLICATION TO VOTE AS AN ABSENTEE VOTER


To: The Referendum Administrator, Gibraltar

I, (full name)…………………………………………………………………
of (full postal address in Gibraltar)………………………………………….
……………………………………………………………………………….
Date of birth………………………………………………………………...
being a registered voter with Registration Number………………………….
on the Register of Voters hereby apply to vote at the referendum on (date)
……………… at the following address…………..…………………
………………………………………………………………………………

The ground for my application is that I am unable by reason of physical
infirmity to leave my place of abode to go to a voting station on that day.

Appended hereto is a medical certificate signed by a duly qualified medical
practitioner in support of my application.

Date this………………… day of ……………………. 2………..


Signature………………………………………………………..………….

Name of Witness……………………………………………………………

Address of Witness…………………………………………………………



I,…………………………….…………………………………………….of
...…………………………………………………… being a duly qualified
medical practitioner, hereby certify that by reason of physical infirmity, the
above named ………………………………………… will be unable to
leave his/her place of abode to go to a voting station on Referendum Day.
Signed: …………………………………….. Date:


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FORM I

REFERENDUM ACT 2015

APPLICATION TO VOTE AS AN ABSENTEE VOTER


To: The Referendum Administrator, Gibraltar

I, (full name)………………………………………………… of
(full postal address in Gibraltar)…………………………………Date of
birth…………………………………………………… being a registered
voter with Registration Number……………………………………. on the
Register of Voters hereby apply to vote at the referendum on
(date)…………At the following address…………………………….........
………………………………………………………………………………
………………………………………………………………………………

The ground for my application is that I am unable by reason of incarceration
to leave my place of abode to go to a voting station on that day.

Appended hereto is a certificate signed by the Superintendent of Prison in
support of my application.
Signed: …………………………………….. Date:

Name of Witness……………………...………………………………

Address of Witness……………………………………………………


I,
………………………………………………………………………....……
………………… being the Superintendent of Prison, hereby certify that by
reason of incarceration, the above named …………………………………
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will be unable to leave his/her place of abode to go to a voting station on
Referendum Day.

Signed: …………………………………….. Date:



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FORM J

REFERENDUM ACT 2015

APPLICATION TO VOTE AS A POSTAL VOTER


To: The Referendum Administrator, Gibraltar

I, (full name)……………………………………... of (full postal address in

Gibraltar)…………………………………………………………………….

Date of birth…………………………………………………..………………

hereby apply to be treated as a postal voter at the referendum on
(date)………………………………. On the ground that I am unable to
attend the voting station allotted to me on Referendum Day owing to my
temporary absence from Gibraltar.

Address to which voting paper is to be sent …………………………
………………………………………………………………………………
……………….………………………………………………………………
…………………………………………….…………………………………
………………………………………………………………………….……
………………………………………………………………………………
…………………………………………………………………….
Name and Address of relative resident in Gibraltar who may be contacted if
further details are required.

Name…………………………………………………………………………

Address………………………………………………………………………

Telephone……………………………………………………………………

Relationship to Applicant……………………………………………………
……………………………………………………………………………….
Signed: …………………………………….. Date:


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FORM K

REFERENDUM ACT 2015

DECLARATION OF IDENTITY


Voting paper No……………………………………



I (Full Name BLOCK LETTERS)…………………………………………


Hereby declare that I am the person to whom the voting paper numbered as
above was sent.



Voter’s signature……………………………………………………………


The voter, who is personally known to me, has signed (or marked) this
declaration in my presence.



Witness’
Signature……………………………………………………………


INSTRUCTIONS TO THE VOTER

1. You must sign the declaration of identity in the presence of a person
known to you.

2. Place the symbol ‘X’ inside the box underneath the option for which you
wish to vote. Do this secretly. If you cannot vote without assistance, the
person assisting you must not disclose how you voted.

3. Put the voting paper inside the small envelope marked ‘A’ and seal it.
Then put the envelope marked ‘A’, together with this declaration of identity,
inside one of the larger envelopes marked ‘B’ with the address of the Office
to where you wish to send your voting paper. Please note that the envelope
addressed to the office in London required a postage stamp to be affixed.
Please post it without delay.

4. At this referendum you cannot vote in person at a voting station.
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