Referendum Act 2015 (Gibraltar)

Referendum Act 2015

Published: 2015-04-02

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Referendum

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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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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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;

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;

(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

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;

(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

(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

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;

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

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

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

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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

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

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

(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;

(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

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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

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

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;

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;

(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;

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;

(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

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;

‘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;

(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;

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;

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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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

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

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

(a) a Referendum Officer;

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

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;

(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;

(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;

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;

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

(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……………………………………………………

………………………………………………………………………....……

………………… 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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