Chapter 001:03 - Representation of the People

Link to law: http://legalaffairs.gov.gy/information/laws-of-guyana/412-chapter-103-representation-of-the-people/file

L.R.O. 1/2012
LAWS OF GUYANA
REPRESENTATION OF THE PEOPLE ACT
CHAPTER 1:03
Act
Reg. 24/ 1964
Amended by
16 of 1968 30 of 1990 Proc. 2/1980
4 of 1972 3 of 1991 Reg. 8/1980 7 of 1973 11 of 1992 9/1980
19 of 1980 22 of 1997 14/1985 16 of 1985 15 of 2000 2/2001 24 of 1990 1 of 2001 O. 50/1980 25 of 1990 2
12
of
of
2001
2006 68/1980





(inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
1 – 209 ... 1/2012
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Index
of
Subsidiary Legislation
This Chapter contains no subsidiary legislation.
Note
on
Subsidiary Legislation
At the time of this publication, items of subsidiary legislation made under this Act
were being revised, consequently all items of subsidiary legislation have been
omitted.

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CHAPTER 1:03
REPRESENTATION OF THE PEOPLE ACT
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY

1. Short title.
2. Interpretation.
3. Electoral system.
4. Other functions of Commission.
5. Extension of time
6. Polling districts and divisions.
7. Election Officer and staff.
8. Oaths.
PART II
LISTS OF CANDIDATES
9. Notice of date for submission of lists.
10. Chief Election Officer to receive lists.
11. Requirements of lists
11A. Requirements for geographical constituencies.
11B. Characteristics that party lists must satisfy.
11C. Voting and allocation of seats in the National Assembly.
12. Representatives of lists.
13. Examination of lists.
14. Defective lists.
15. Correction of lists.
16. Application for symbols.
17. Approval of lists.
18. Appeal against refusal of approval.
19. Publication of lists.
20. Withdrawal of lists.
21. Death or withdrawal of candidate.
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22. Joinder of lists.
PART III
AGENTS
23. Appointment of election agents.
24. Appointment of assistant agents, counting agents and polling
agents.
25. Actions of assistant agents, polling agents and counting agents.
26. Liability of candidates for offences by election agents.
PART IV
ENTITLEMENT TO VOTE
27. Electors to have one vote and to vote in person.
28. Voting to be at polling-place where elector’s name displayed.
29. Right of electors in certain cases to vote at other polling-places.
30. Entitlement to vote by proxy.
31. Application for appointment of proxy.
32. Notice of appointment as proxy and list of proxies.
33. Cancellation of appointment as proxy.
33A- 33K [PART IVA - Sections 33A to 33K deleted by Act No. 16 of
1985]
PART V
PREPARATIONS FOR THE POLL
34. Notice of poll.
35. Division of official list of electors.
36. Display of lists at polling-places.
37. Preparation of polling-places.
38. Printing of directions for voting and ballot papers.
39. Requirements of ballot papers.
39A. Requirements of ballot paper for geographic constituencies.
40. Supplies of election material.
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SECTION
41. Display of lists of candidates and directions for voting.
42. Safe custody of elections material.
43. Application of section 12 of the National Registration Act.

PART VI
PREPARATION FOR NON-RESIDENT ELECTORS’ BALLOT
44. Interpretation of Part VI.
45. Display of non-resident elector’s roll.
45A. [45A repealed by Act No. 3 of 1991].
46. Printing of ballot officer’s supplies.
47. Non-resident elector’s papers.
48. Additional supplies for ballot officers.
49. Safe custody of officers’ supplies.
PART VII
NON-RESIDENT ELECTORS’ BALLOT
50. Interpretation of Part VII.
51. Issue of ballot papers to non-resident electors.
52. Notes of ballot papers issued.
53. Ballot attendants.
54. Recording of non-resident elector’s vote.
55. Transmission of non-resident elector’s vote to ballot officer.
56. Safe custody of votes returned.
57. Officer’s responsibilities.
58. Balloting by non-resident electors in particular cases.
59. Time and place for casting non-resident electors’ votes.
60. Commencement of proceedings on election day for casting non-
resident electors’ votes.
61. Opening packets of non-resident electors; ballot papers.
62. Casting non-resident electors’ votes.
63. Further duties of Chief Election Officer in relation to packets.
64. Ballot boxes.
65. Delegation of Chief Election Officer’s functions.

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65A- 65F [PART VIIA 65 A- 65F repealed by Act No. 3 of 1991.]
PART VII B
PROCEDURE FOR VOTING BY SPECIFIED DISCIPLINED
FORCES
65H. Application of Part.
65I. Appointment of ballot officers, ballot attendants and balloting
places for the purposes of this Part.
65J. List of electors entitled to vote under this Part.
65K. Balloting.
65L. Ballot attendant to hand over ballot box to ballot officer.
65M. Application of certain provisions relating to penalties to
balloting under this Part.
65N. Modification, etc. of provisions of Act.
65O. Over-riding effect of this Part.
PART VIII
THE POLL
66. Place and time of poll.
67. Appointment of candidate to attend poll.
68. Opening of poll.
69. Applicant to vote to hand identity paper to poll clerk.
70. Duty of presiding officer upon application for a ballot paper.
71. Issue of ballot paper to elector.
72. Mode of voting.
73. Blind and incapacitated electors.
74. Tendered ballot papers.
74A. [74A repealed by Act No. 15 of 2000]
75. Presiding officer to accept other identification in certain
circumstances.
76. Entries in poll book.
77. Maintenance of secrecy at polling-place.
78. Molestation of electors.
78A. Obstruction.
65G. Definitions.
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79. Preservation of order.
80. Closing of spirit shops.
81. Employers to allow employees period for voting.
82. Penalty for breach of section 81.
83. Procedure on closing of poll.
83A. Accompanying ballot boxes.
PART IX
COUNTING OF VOTES POLLED
84. Counting of votes.
85. Candidates appointed to attend count.
86. Attendance at count.
87. Method of counting.
88. Recounts.
89. Procedure on conclusion of count.
90. Maintenance of Secrecy at count.
PART X
COUNTING NON-RESIDENT ELECTORS’ VOTES
91. Persons who may be present at count.
92. Method of counting non-resident electors’ votes.
93. Recounts of non-resident electors’ votes.
94. Procedure on conclusion of count of non-residents’ votes.
95. Delegation of Chief Election Officer’s functions under this Part.
PART XI
ASCERTAINMENT OF ELECTION RESULTS
96. Totalling of votes.
97. Allocation of seats.
98. Membership of National Assembly.
99. Publication of election results.
99A Filling of casual vacancies in the case of members selected
under Article 60(2) of the Constitution.
100. Certificates of election.
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SECTION
101. Election report.
102. Custody of election documents.
PART XII
ELECTION EXPENSES
103. Making of contracts through election agents.
104. Payment of expenses.
105. Petty and overseas expenditure.
106. Maximum expenses.
107. Remuneration of election agent.
108. Elections expenses return and declarations.
109. Publication of summary of election expenses return.
110. Authorised excuse for failure to submit return and declarations.
111. Period of claims for payment of election expenses.
112. Exemption of act done in good faith from being an illegal
practice.
113. Saving for creditors.
114. Prohibition of expenses not authorised by election agent.
115. False election expenses declarations.
PART XIII
ILLEGAL PAYMENT, EMPLOYMENT, HIRING
116. Providing money for illegal purposes.
117. Corrupt withdrawal of candidate.
118. Prohibition of certain forms of employment.
119. Illegal hiring of transport for electors.
120. Use of certain premises as committee room prohibited.
121. Penalty for illegal payment, employment or hiring.
PART XIV
ILLEGAL PRACTICES
122. Certain expenditure to be illegal practice.
123. Disorderly behaviour at election meeting.
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124. False statements concerning candidates.
125. Election publications.
126. Miscellaneous illegal practice.
127. Plural voting to be illegal practice.
128. Penalty for illegal practice.
PART XV
CORRUPT PRACTICES
129. Treating.
130. Undue influence.
131. Bribery.
132. Personation.
133. General penalty for corrupt practices.
134. Penalty for personation.
135. Disqualification.
PART XVI
MISCELLANEOUS ELECTIONS OFFENCES
136. [Repealed by Act No. 24 of 1990].
137. Offences in respect of ballot boxes and ballot papers, identity
papers and appointments as proxy.
138. Voting when not entitled.
139. Interference with notices and lists.
139A Terrors intimidation causing withdrawal of candidate.
139B Abetment of offence under this Act.
139C Attempt and incitement to commit offence under this Act.
139D Person causing racial or ethnic violence or hatred.
139E Complaint of statement or action by political party on racial
and ethnic violence or hatred.
PART XVII
GENERAL
140. Elections Commission proceedings.
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141. Property in election material.
142. Certificate of Chief Election Officer.
143. Offences by bodies corporate.
144. Limitation of time.
145. Special provision as to convictions.
146. Rules of Court.
147. Duty not to disclose fingerprints.
148. Extra-territorial application of penal provisions of this Act.
149. Expenses.
150. Regulations.
150A. Commission to determine every Form in the Schedule.
151. Overseas time and delivery by hand instead of post.
152. Commission to be consulted on emoluments of officers and
staff.
SCHEDULE – TABLE OF FORMS

_________________________

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Reg. 24/1964
O. 50/1980

Short title.

Interpretation.
[16 of 1968
4 of 1972
Reg. 6/1973
O. 50/1980
O. 80/1980
16 of 1985
15 of 2000
12 of 2006
c 1:01
CHAPTER 1:03
REPRESENTATION OF THE PEOPLE ACT
An Act to make provision for the election of members of
the National Assembly under a system of
proportional representation and for purposes
connected therewith.
[23RD SEPTEMBER,1964]
PART I
PRELIMINARY
1. This Act may be cited as the Representation of
the People Act.
2. (1) In this Act—
“carriage includes a mechanically propelled vehicle; “certificate of employment” means a certificate issued
u n d e r section 29(4); “Commission” means the Elections Commission
established by article 161 of the Constitution;
“disciplined force” has the same meaning as in
article 154 of the Constitution;
“district” means a polling district constituted under
section 6(1);
“division” means a polling division as defined by section
6(2);
“election” means an election in accordance with article
60(2) of the Constitution of members to the
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National Assembly, and elector shall be construed
accordingly;
“election day”, in relation to any election, means the day
appointed under article 61 of the Constitution for the
holding of the election;
“election expenses declaration” means a declaration as to
election expenses as required by section 108;
“election officer” means—
(a) the Chief Election Officer;
(aa) the Deputy Chief Election Officer
(b) a returning officer;
(c) a deputy returning officer;
(d) an election clerk;
(e) a presiding officer;
(f) an assistant presiding officer;
(g) a poll clerk;

“elector” in Parts IV, V, VI, VII, VIII and IX, means an
elector whose name is on the official list of electors;
“form” means Form in the Schedule;
“geographical constituencies” means one of the ten
constituencies into which Guyana is divided under
section 11A;
“group of candidates” means the candidates named
in a list of candidates;
“identity paper” means an identification card issued under
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c. 19:08
the National Registration Act and includes a replacement
identification card so issued:
Provided the identity paper tendered to a presiding
officer on the day of an election by an elector shall be the
latest identity paper issued to him by the Commissioner
under this Act, as amended by the Election Laws
(Amendment) Act 2000;
“member” in relation to a disciplined force, has the
same meaning as in article 154 of the Constitution.
“official list of elector” means the official list of electors
for a polling division as prescribed by subsection (3);
“official mark" means such official mark as the Chief
Election Officer shall approve for the purpose of
stamping ballot papers;
“payment” includes any pecuniary or other reward;
“personal expenses”, in relation to the expenses of a
candidate, includes his reasonable travelling
expenses and the reasonable expenses of his living
at hotels or elsewhere for the purposes of and in
relation to the election;
“poll” means the poll, by voters whose names are on the
official lists of electors, for the purpose of any
election;
“presiding officer” means—
(a) a presiding officer of a polling place;
(b) an assistant presiding officer;

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c.1:01

c. 19:08
c.19:08
“region” means any of the ten regions which may be
established under article 72(1) of the Constitution;
“registration record” has the same meaning as in the
National Registration Act;
“returning officer means—
(a) a returning officer of a polling
district;

(b) a deputy returning officer.
(2) In this Act the expression committee
room does not include any house or room occupied by a
candidate at an election as a dwelling, by reason solely of
the candidate there transacting general business with his
agents in relation to the election; nor shall any room or
building be deemed to be a committee room for the
purposes of this Act by reason only of the candidate or
any agent of the group of candidates addressing therein
electors, committee men, or others.
(3) The official list of electors for any
division shall be the preliminary list of the electors
resident in that division, prepared before election day in
pursuance of section 14 of the National Registration Act
or last prepared in pursuance thereof before such day,
as the case may be, but with every such modification as
may be necessary to bring that list into conformity with
the divisional register—
(a) as altered under section 15(6)
of the National Registration Act
to give effect to claims and
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objections finally determined before
the said election day;
(b) pursuant to any alteration thereto
made under section 8 of the
National Registration Act, prior to
compliance with section 34(2)(a)(iv)
in respect of the said official list, for
the purpose of changing the
registered address of any elector’s
residence within Guyana or the
registered name or occupation of
any elector; or
(c) pursuant to the cancellation of
any elector’s registration therein
effected in contravention of section
11(1) of the National Registration
Act, or relating to an elector who is
dead, under section 8 of the
National Registration Act,
and every reference made to the official list of electors in the
provisions hereinafter contained shall, in relation to any
time on or before election day, be construed as a
reference to such preliminary list as aforesaid with such
modifications thereto (if any) as, at that time, shall have
been made in conformity with this subsection.
(4) In subsection (3) reference to a preliminary list
is a reference to such list read in conjunction with any
supplementary list prepared for a revision of that
preliminary list pursuant to regulations made under the
Act for the purpose of showing the aforementioned
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Electoral
system.
[16 of 1968]

Other functions
of Commission.
[16 of 1968]

Extension of
time.
[16 of 1968
15 of 2000]
modifications.
3. (1) An election shall be conducted by secret
ballot in conformity with this Act.
(2) Throughout Guyana, votes shall be cast in
favour of lists of candidates published in accordance with
section 19.
4. The Commission shall have, in addition to the
functions assigned to it by the Constitution, such functions
as are assigned to it by this Act and, in the execution of this
Act, such authority of the Commission as is exercised in
pursuance of the provisions of the Constitution shall be
duly deferred to.
5. Where under this Act any act is required to be
done not later than a specified number of days before
election day, the Commission may by direction under its
hand, if it deems it requisite or desirable so to do, extend
the time allowed by reducing the number of days so
specified; and the following provisions shall have effect
in relation to that power—
(a) the power may be exercised
either generally or specially;
(b) the power may be exercised so as
to make valid anything already
done after the expiration of the time
allowed;
(c) the Commission shall, as soon as
practicable after any exercise of the
power, publish in the Gazette a
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Polling districts
and divisions.
[16 of 1968
4 of 1972
O. 50/1980
O. 68/1980
15 of 2000]

c. 19:08
notification thereof, which shall
include a brief statement of the
reasons for, and the effect of, that
exercise.
6. (1) Guyana shall be divided into polling districts,
each of which shall consist of such polling divisions, and
be distinguished by such names, as may be specified by
order of the Commission:
Provided that no polling district shall extend across the
boundary of any region.
(2) Subject to any orders made by the
Commission under subsection (1), every registration
division as constituted under section 5(2) of the National
Registration Act shall be a polling division for the
purposes of this Act.
(3) Subject to subsections (4) and (5), there
shall be for each division such polling places as the
returning officer of the district in which the division is
situate, su b j e c t to the approval of the Chief Election
Officer, may appoint; and each polling place shall bear
such numerical or other designation as may be approved
by the Chief Election Officer.
(4) Where the Chief Election Officer is
satisfied that it is impracticable to appoint a polling
place within a division or any part thereof, he may
appoint some other place in another division within the
same district as a polling place at which electors of the first-
mentioned division or that part thereof shall be entitled to
vote.

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Election Officer
and staff.
[30 of 1990]

Oaths.
Form 1
(5) The Chief Election Officer shall publish in
the Gazette not later than the 20th day before election day
a notice of any polling place appointed under subsection
(4).
7. There shall be—
(a) a Chief Election Officer;
(b) for each district a returning
officer and an election clerk;
(c) for each polling place a
presiding officer, a poll clerk and a
counting assistant;
(d) such deputy returning officers,
assistant presiding officers and
other staff as may be necessary or
desirable for the implementation of
this Act.
8. (1) Every election officer, before performing any
of his functions under this Act, shall take and subscribe an
oath in Form 1 before a Justice of the Peace or an election
officer.
(2) Every Justice of the Peace and every
election officer is authorised and empowered to
administer any oath required by or under this Act:
Provided that no election officer shall administer
an oath until he has himself taken the oath prescribed in
pursuance of subsection (1).

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Notice of date
for submission
of lists.
[16 of 1968
Reg. 6/1973]

Chief Election
Officer to receive
lists.

Requirements of
lists.
[16 of 1968
Reg. 32/1964
Reg. 6/1973
O. 50/1980
O. 68/1980
22 of 1997
15 of 2000
12 of 2006]
(3) Forthwith upon taking the oath prescribed
in pursuance of subsection (1), the returning officer of
every district shall establish an office in his district and
cause an advertisement t o be inserted in a newspaper
circulating in the district specifying the place at which he
has established his office.
PART II
LISTS OF CANDIDATES
9. The Commission shall, by notice published in the
Gazette, appoint the day, being a day not later than the
32nd day before election day, on which lists of candidates
may be submitted to the Chief Election Officer; and there
shall be included in the notice particulars of the hours
between which and the place at which the Chief
Election Officer will attend to receive the lists.
10. The Chief Election Officer shall attend in
accordance with the notice given under section 9 to receive
the lists of candidates; and no list shall be received at any
other time or place.
11. (1) A list of candidates comprising registered
voters who are eligible to be members of the National
Assembly may be submitted by not less than three
hundred and not more than three hundred and thirty
persons for national top-up lists, and for each geographical
constituency not less than one hundred and fifty and not
more than one hundred and seventy-five persons whose
names appear at the time of submission on the preliminary
list mentioned in section 2(3), whether or not that list has at
that date been modified as required by that section and
shall be handed together with one copy thereof to the
Chief Election Officer by the representative or the deputy
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Form 2.

Form 3.
representative of the list or by two of the persons named
as candidates on the list at the time and place appointed;
and the Chief Election Officer shall forthwith cause the
copy of the list to be posted in a conspicuous place outside
his office.
(2) A list of candidates shall be in Form 2; and
the s ubmission shall bear the signature of each person
submitting the same together with his name and the serial
number of his registration record:
Provided that if any such person is unable to sign his
name, his mark, made against his name written by some
other person, shall be deemed to be his signature for the
purposes of this paragraph but not for the purposes of
section 12.
(3) A list of candidates shall set out the names, one
below the other in such order as each party may
determine of the surnames and other names, of at least 42
persons qualified to be elected to the National Assembly
and who have consented to the inclusion of their names
in the list as candidates for election, together with the
address and occupation of each such person.
(4) Each list of candidates shall be accompanied
by a statutory declaration, in Form 3, by each person
named therein as a candidate of his qualifications a n d
consent, made before a justice of the peace,
commissioner of oaths, notary public or other person
authorised by law to administer an oath in the place
where the declaration is made.
(5) Each list of candidates shall bear a title
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selected by the persons by whom it is submitted.
(6) Subject to section 11B, no person shall be a
candidate on more than one list of candidates and no
person shall be a signatory to more than one list.
(7) For the avoidance of doubt it is declared that
a person may be a signatory to a list of candidates
notwithstanding that he is named therein as a candidate.
(8) Stamp duty shall not be chargeable on
any declaration made for the purposes of this section.
(9) In the event of the name of the person
designated by any list of candidates as a Presidential
candidate being deleted pursuant to section 21 from the
list—
(a) the representative of the list; or
(b) if there is no representative or if
the representative is unwilling or
unable (by reason of absence, illness
or any other cause) to act, the
deputy representative of the list;
or
(c) in the case of any such
unwillingness or inability on the
part of the deputy representative
or if there is no deputy
representative, a majority of
persons named as candidates in
the list may designate in writing
any such person able and willing
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Requirements for
geographical
constituencies.
[15 of 2000
2 of 2001]
to act, who
shall forthwith and before election day, by written notice
signed by him and delivered to the Commission, amend the
list by designating any person whose name remains as a
candidate on the list as the Presidential candidate
designated by that list.
(10) On receipt of any notice of amendment
pursuant to subsection (9), the Commission shall forthwith
and before elections day give public notice of the
amendment in such manner as it may in all the
circumstances deem the most practicable and with effect
from the time when such notice is given the new
Presidential candidate specified in the notice shall be the
Presidential candidate designated by that list.
11A. (1) The National Assembly shall contain at
least sixty-five elected members, and their election shall be
on a party lists basis to which the system of proportional
representation shall be applied; in this section and in section
11C the system of proportional representation referred to
is known as the largest remainder system using the
“ Hare quota”.
(2) Guyana shall be divided in ten geographical
constituencies for the purpose of electing members of the
National Assembly from each geographical constituency.
(3) Each of the ten regions of Guyana
constituted as a registration district and a polling
district under the Local Democratic Organs (Regional
Democratic Councils) Order 1980 shall be deemed to be a
geographical constituency.
(4) The ten geographical constituencies shall
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Characteristics
that party lists
must satisfy.
[15 of 2000]
elect twenty-five of the members of the National
Assembly. The number of members to be elected from
each geographical constituency mentioned in the first
column of the Table below shall be as shown in the
corresponding entry in the second column of the Table.
Table
Geographical
Constituencies
Number of members of the
National Assembly elected
No. 1
No. 2
No. 3
No. 4
No. 5
No. 6
No. 7
No. 8
No. 9
No. 10
2
2
3
7
2
3
2
1
1
2
(5) The remaining elected members of the
National Assembly shall be chosen from lists supplied by
contesting parties and such list shall be designated
“national top-up lists”.
11B. (1) Each party shall contest in a minimum of
six of the ten geographical constituencies, and shall also
satisfy the criterion that a contesting party is contesting at
least thirteen of the twenty-five seats specified in section
11A (4) in respect of the geographical constituencies.
(2) Each party shall submit, for each
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geographical constituency in which it is contesting the
general election, a list of names of persons qualified to be
elected to the National Assembly; and each such l i s t
shall comprise two more names than the number of
members of the National Assembly specified in section
11A (4) for the specific geographical constituency for
which the list is submitted.
(3) Each party shall submit a national top-up
list, separate and distinct from lists relating to
geographical constituencies, comprising at least forty-two
names of persons qualified to be elected to the National
Assembly, and the party’s Presidential Candidate shall be
so identified on, and only on, its national top-up list.
(4) Each party may duplicate names on its
geographical constituency lists and its national top-up list,
subject to the following provisions –
(a) a candidate’s name can appear
on only one geographical
constituency list;
(b) a candidate’s name can appear
on only one party’s lists;
(c) a candidate’s name can appear on
a geographical constituency list and
also on the national top-up list of a
party, but if the candidate is
allocated a seat based on the
results in a geographical
constituency that candidate’s name
cannot also be extracted from the
national top-up list, and vice versa,
LAWS OF GUYANA
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for membership of the National
Assembly .
(5) The total number of females on each party’s
national top-up list shall be at least one-third of the total
number of persons on that list.
(6) The total number of females on any party’s
lists for geographical constituencies, taken together, shall
be at least one-third of the total number of persons on
those lists taken together for the geographical
constituencies in which that party is contesting.
(7) There shall be no more than twenty per cent
of the number of geographical constituencies in which a
party is contesting for which the party’s geographical
constituency list contains no female.
(8) In the extraction from the lists and
declaration of names of the candidates who have been
elected account shall be taken –
(i) of the total number of females on
each party’s national top-up lists
and the lists for geographical
constituencies, taken together,
being at least one-third of the
number of persons on those lists as
mentioned in paragraphs (5), (6)
and (7); and
(ii) of the proportion that women
formed of the electorate.

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Voting and
allocation of seats
in the National
Assembly.
[15 of 2000
2 of 2001]
(9) The order in which a party states the names of
candidates on its lists shall be as the party deems fit.
11C. (1) Every elector shall have only one vote
which shall be cast in the geographical constituency in
which he is registered and votes in respect of the list of his
choice, and that vote shall be counted to determine the
outcomes of both the election for that geographical
constituency and for the country taken as a whole: a vote
for a Party’s geographical constituency list is
simultaneously a vote for that Party’s national top-up list.
(2) Within each geographical constituency, the
seats allocated to a party for membership of the National
Assembly from the geographical constituency shall be
determined by application of the system of proportional
representation to the valid votes cast in that geographical
constituency in relation to the total number of seats being
contested in that geographical constituency, thereby
allocating to parties the twenty-five seats under section
11A (4).
(3) Subject to the proviso to subsection (5) for
the country taken as a whole, the total seats allocated to a
party for membership of the National Assembly shall be
determined by application of the system of proportional
representation to the valid votes for parties countrywide in
relation to the sixty-five elected seats of the National
Assembly.
(4) For each geographical constituency, each
party shall extract from its geographical constituency list
the candidates to become members of the National
Assembly on the basis of the seats allocated under
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Representatives
of lists.
[16 of 1968]
subsection (2)
(5) The number of seats in the National
Assembly that is additional to the number of seats
allocated to a party from the geographical constituencies as
determined under subsection (2) shall be determined by
subtracting the number determined under subsection (2)
from the total number of seats that is to be allocated to
the party under subsection (3):
Provided that in the event that the arithmetical
calculations of total seats allocated to a party for
membership of the National Assembly in accordance with
subsection (3) produce the result that a party is allocated
a fewer number of seats than those it has already
obtained on the basis of the calculations that are in
accordance with subsection (2), the allocations based on
the distribution of sixty-five seats shall be made; the
number of geographical constituency seats already
allocated to parties shall not be changed, thereby
maintaining the total number of geographical constituency
seats at twenty-five; the total number of elected members
of the National assembly shall be increased to
accommodate the allocations of the number of non-
geographical members and no further calculation based on
the increased size of the Assembly shall be done.
(6) Each party shall extract from its national top-
up list candidates who together comprise the additional
number of seats allocated to the party under subsection
(4), provided that the provisions in section 11B (4) (c) are
observed.
12. (1) The persons submitting a list of candidates
may nominate one of their number as representative of the
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list and another as deputy representative, both of whom
shall be candidates named in that list, and—
(a) where neither a representative nor
deputy representative is so
nominated, the persons (other
than persons who are not
candidates) whose signatures
appear first and second in the
submission shall be deemed to
have been nominated as
representative and deputy
representative respectively;
(b) where a representative is not so
nominated, the person nominated
as deputy representative shall be
deemed to have been nominated
as representative and the person
(other than the person nominated
as deputy representative and
persons who are not candidates)
whose signature appears first in
the submission shall be deemed to
have been nominated as deputy
representative; and
(c) where a deputy representative is
not so nominated, the person
(other than the person nominated
as representative and persons
who are not candidates) whose
signature appears first in the
submission shall be deemed to
have been nominated as deputy
r epresentative.
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Examinations of
lists.
[16 of 1968
15 of 2000]
Defective lists.
[16 of 1968
Reg. 6/1973
15 of 2000]
(2) Notwithstanding anything in this Act or in
any other written law –
(i) provisions of subsection (1) shall
apply mutatis mutandis to the national
top-up list;
(ii) the representative and deputy
representative of the national top-up
list may serve as representative
and deputy representative of –
(a) each of the lists for the ten
geographical c onstituencies;
and
(b) each of the lists for the ten
regional democratic councils.
13. On receipt of the lists of candidates the Chief
Election Officer shall examine them for the purpose of
ascertaining whether they have been submitted in
accordance with section 11 or section 11A, as the case may
be, and shall, after examination, deliver them to the
Commission together with his report thereon.
14. (1) If it appears to the Commission that a list
of candidates is defective, that is to say, that the list or its
submission does not comply in all respects with the
requirements of section 11(1), (2), (3), (4), (5) or section
11B or bears a misleading title, the Chief Election
Officer shall, not later than the 30th day before
election day, so inform the representative and the
deputy representative of the list, specifying the defects:

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Provided that if the list does not bear a title the
Commission may, if it seems to it just and proper to do
so, instead of treating the list as defective, allocate a
title thereto.
(2) If the name of any person appears as a
candidate on two or more lists of candidates the Chief
Election Officer shall—
(a) not later than the 30th day before
election day inform the
representatives and deputy
representatives of the lists concerned;
(b) delete the name of that person from
any list on which the Commission
i s satisfied he did not consent to
the inclusion of his name;
(c) delete his name from each list on
which it appears if the Commission
is satisfied that he consented to the
inclusion of his name on more than
one list.
(3) If the name of any person appears as a
signatory to the submission of more than one list, his
signature shall be inoperative on any list other than the one
first delivered to the Chief Election Officer and the Chief
Election Officer shall delete his name from each other list,
and if by reason of such deletion it appears to the
Commission that any list is defective in that in the case of
the national top-up lists there remain less than three
hundred signatories thereto or in case of a geographical
constituency there remain less than one hundred and
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Correction to
lists.
[16 of 1968
Reg. 6/1973]

Applications for
symbols.
[16 of 1968
Reg. 6/1973]

Approval of lists.
[16 of 1968
Reg. 6/1973
O. 50/1980]
fifty of the registered voters as signatories thereto, such
list shall be treated as defective.
15. The representative and deputy representative
of a list of candidates, or either of them, may, not later
than the 29th day before election day, submit to the
Chief Election Officer corrections of any defects in the list
(whether or not those defects are defects which have been
notified under section 14); and the Chief Election Officer
shall forward the corrections to the Commission together
with his report thereon.
16. (1) The representative and deputy representative
of a list of candidates, or either of them, may, not later
than the 32nd day before election day, make application in
writing addressed to the Chief Election Officer for the
allocation of a symbol which shall be a symbol approved
by the Commission.
(2) Applications for symbols shall be considered
by the Commission in the order in which they have been
received but no right shall be conferred by priority of
application to the allocation of the symbol for which
application is made or for any particular symbol.
17. (1) Subject to section 18 no list of candidates
shall be valid unless it has been approved by the
Commission not later than the 28th day before election
day.
(2) If it appears to the Commission that a list of
candidates is not defective or that defects in it have been
cured by corrections submitted in accordance with section
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Appeal against
refusal of
approval.
15, they shall approve it and allocate thereto such symbol
as they in their discretion decide; and if it appears to the
Commission that a defective list has not been so
corrected, they shall refuse to approve it.
(3) Not later than the 28th day before
election day, the Commission shall notify the representative
and deputy representative of each list that the list is or is
not approved and shall publicly declare the titles of the
approved lists and the names of candidates thereon.
(4) The refusal of the Commission to approve a
list shall not be called in question in any court except by
appeal under section 18, and the approval of a list by the
Commission shall not be called in question in any court
except in accordance with a law made under article 163 of
the Constitution.
18. (1) Where the Commission have refused to
approve a list of candidates, the representative and
deputy representative of the list, or either of them, may,
not later than the 26th day before election day, appeal to
the High Court against such refusal.
(2) The High Court shall hear the appeal and
deliver judgment within such time before election day as
will enable the Commission duly to comply with the
requirement of section 19 relating to publication of the list;
and the judgment of the court shall not be subject to
appeal.
(3) The court may—

(a) dismiss the appeal; or
(b) approve the list to which the
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Publication of
lists.
[16 of 1968
Reg. 6/1973]

Withdrawal of
lists.

Death of
withdrawal of
candidate.
[16 of 1968
Reg. 6/1973
Commission have refused to give
their approval; or
(c) approve that list with such
modifications as to court may seem
just;
and when the court approves a list, with or without
modification, the list as approved by the court shall have
effect as if it had been approved by the Commission under
section 17.
19. The Commission shall, not later than the 23rd
day before election day, cause to be published in the
Gazette the titles and symbols of the lists approved by
them or the High Court and the names of the candidates
on those lists and may cause such further publication of
the same, for the information of electors, as the
Commission considers desirable.
20. A list of candidates may be withdrawn by
notice in writing addressed to the Chief Election Officer
and signed by both the representative and deputy
representative of the list:
Provided that a list shall not be withdrawn
after the Commission have notified the representative and
deputy representative thereof that it has been approved.
21. (1) If a person whose name is included in a
list of candidates which has been submitted to the Chief
Election Officer dies or, by notice in writing signed by
him and addressed and delivered to the Chief Election
Officer, withdraws his candidature, his name shall be
deleted from the list and, if the list has already been
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Joinder of lists.
[16 of 1968
Reg. 6/1973]
published under section 19, the Commission shall cause
notification of the deletion to be published in like manner:
Provided that no such notice shall be delivered
as aforesaid after the 31st day before election day.
(2) The deletion of the name of any candidate
by reason of his death from any list of candidates after its
approval by the Commission shall not render the list
defective; and correction of any defect caused by deletion
of a dead candidate’s name from any list of candidates
may, notwithstanding anything to the contrary provided
in section 15, be submitted at any time before the
approval of such list:
Provided that where, by reason of any deletion
first mentioned in this paragraph no names remain on a list
of candidates, such list shall cease to have effect.
22. (1) Subject to subsection (2), two or more lists
of candidates shall be joined for the distribution of seats
(but not for the purpose of voting) if the representative
and deputy representative of each list to be so joined
gives notice accordingly in writing to the Chief Election
Officer not later than the 25th day before election day;
and lists so joined are hereinafter referred to collectively
as a combination of lists.
(2) No list of candidates shall be included in
more than one combination of lists and if any notice given
under subsection (1) would, if given effect, result in a
contravention of this section, that list shall not be
included in any combination of lists.

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Appointment of
election agents.
[Reg. 6/1973]
Appointments of
assistant agents,
counting
agents and
polling agents.
(3) The Commission shall cause a notification
of combinations of lists to be published not later than the
23rd day before election day in the Gazette and may cause
such further publication of the same, for the information
of electors, as the Commission considers desirable.
PART III
AGENTS
23. (1) The representative of each list of candidates
shall not later than the 32nd day before election day give
notice in writing to the Chief Election Officer appointing
himself or some other person to be the election agent
of the candidates in the list and if the appointment of an
election agent is revoked or the election agent dies
and no further appointment is made, the representative
of the list of candidates shall be deemed to have been
appointed to be the election agent of the candidates.
(2) The Chief Election Officer shall cause a
notice to be published in the Gazette of the name and
address of the person appointed or deemed to be
appointed as election agent.
24. (1) An election agent may appoint—
(a) an assistant agent for each district;
(b) a counting agent for each district;
(c) a polling agent for each polling
place.

(2) Notice in writing of every appointment of
an assistant agent, counting agent and polling agent, stating
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the name and address of the person appointed shall be
given not later than the 7th day before election day by the
election agent to the returning officer of the district for
which the assistant agent or counting agent is appointed or
in which is situate the polling place for which the polling
agent is appointed.
(3) The returning officer shall upon receiving
a notice of an appointment of an assistant agent give
public notice of the name and address of the person
appointed.
(4) There shall not be, at the same time, more
than one assistant agent or more than one counting agent of
a group of candidates for any one district nor shall there be
more than one polling agent of that group for any one
polling place.
(5) Upon the revocation of the appointment of
or upon the death of an assistant agent, counting agent or
polling agent the election agent shall forthwith give notice
in writing thereof to the returning officer to whom notice of
appointment was given and shall give notice in writing of
any further appointment made in accordance with
subsection (2):
Provided that the appointment of an assistant
agent, counting agent or polling agent shall not be vacated
solely by reason of the revocation of the appointment or the
death of the election agent who appointed him.
(6) Nothing in this section shall preclude the
appointment of a person as an assistant agent for two or
more districts or as polling agent for two or more polling
places or as both assistant agent and counting agent.
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Actions of
assistant agents,
polling agents
and counting
agents.

Liability of
candidates for
offences by
election agents.

Electors to have
one vote and to
25. (1)Every election agent may act, in relation
to any matter required to be done in any district, by the
assistant agent for that district; and anything done for the
purposes of this Act by an assistant agent in his district
shall be deemed to have been done by the election agent.
(2) Any act or default by an assistant agent
which, if he were an election agent, would be an illegal
practice or other offence against this Act, shall be an
illegal practice or other offence against this Act
committed by the assistant agent who shall be liable to
punishment accordingly.
(3) Where in this Act any action or thing is
required to be done in the presence of candidates, polling
agents or counting agents, the non- attendance of any such
candidate, polling agent or counting agent at the time and
place appointed for the purpose shall not, if any act or
thing is otherwise properly done, invalidate the act or thing
done.
26. Where any corrupt or illegal practice or any illegal
payment, employment or hiring, or other offence under this
Act, is proved to have been committed by an election agent
or assistant agent with the consent or connivance of a
candidate, such candidate shall also be deemed to have
been guilty of such corrupt or illegal practice or illegal
payment, employment or hiring or other offence.
PART IV
ENTITLEMENT TO VOTE
27. (1) An elector shall be entitled to vote in a polling
place at an election if he complies with this Act and with
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vote in person.
[16 of 1968]

Voting to be at
polling place
where elector’s
name displayed.
[16 of 1968
Reg. 6/1973
16 of 1985]
Right of electors in
certain cases to
vote at other
polling places.
[16 of 1968
O. 50/1980
O. 80/1980
15 of 2000]
requirements made and directions given there under and if
the presiding officer of the polling place at which he applies
for a ballot paper is satisfied as to the matters specified in
section 79(1).
(2) No person shall be entitled to vote in a
polling place at an election unless he is entitled to do so
under subsection (1).
(3) Every elector who votes at an election shall,
subject to the provisions of this Act relating to voting by
proxy and to the marking of ballot papers on behalf of
blind and incapacitated electors, vote at a polling place in
person.
(4) Without prejudice to the provisions of this
Act relating to voting as a proxy and to the marking of
ballot papers on behalf of blind and incapacitated electors,
no elector shall vote more than once at the election.
28. An elector shall be entitled to vote (whether in
person or as a proxy on behalf of another elector) at the
polling place where is displayed in pursuance of section 36
the official list of electors or part thereof, as the case may
be, on which his name appears; and no elector shall, subject
to section 29, be entitled to vote (either in person or as a
proxy on behalf of another elector), at any other polling
place.
29. (1) The Commission may by notice published in
the Gazette specify divisions or groups of divisions to which
subsections (2) and (3) shall apply:
Provided that divisions which form part of
different districts shall not be grouped together.
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Form 4

Entitlement to
vote by proxy.
[16 of 1968
Reg. 21/1968
6 of 1973
16 of 1985]
(2) An elector whose name appears on the
official list of electors of a division which is one of a group
of divisions specified by the Commission by notice under
this section may vote at any polling place in that group of
divisions.
(3) An elector whose name appears on the
official list of electors of a division which is specified by the
Commission by notice under this section may vote at any
polling place in that division.
(4) An elector who, in the district in which his
address as entered in the official list of electors affixed
under section 34(2)(a)(iv) is situate is employed as an
election officer, member of the Police Force or of the
Guyana Defence Force for a purpose connected with the
election at a polling place other than that where his name is
displayed under section 28 may vote at that polling place if,
not later than the day before election day, he obtains from
the returning officer of that district a certificate under his
hand, in Form 4, authorising him to vote at that polling
place, which certificate shall state the name of the elector,
the number of his identity paper and the fact that he is to be
so employed.
30. (1) The following electors shall be entitled to
vote by proxy at an election—
(a) those unable, or likely to be unable,
to go in person to the polling place,
at which they are entitled to vote,
for any of the following reasons—
(i) the particular circumstances
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of that person’s employment
on the election day either as
a member of a disciplined
force, or as a rural constable,
or for a purpose connected
with the election, by a
returning officer;
(ii) the fact that at the election
that person is acting as
returning officer for a district
other than the district in
which his address as entered
in the official list of electors
is situate;
(iii) the particular circum-
stances of that person’s
employment on the election
day by the returning officer
for a district, other than the
district in which his address
as entered in the official list
of electors is situate, for a
purpose connected with the
election in that district;
(iv) the fact that that person is
an employee of the
Transport and Harbours
Department engaged in
running a vessel on the
election day;
(b) a candidate at the election, where
he is unable, or likely to be unable,
to go in person to the polling place
at which he is entitled to vote, by
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Application for
appointment of
proxy.
[16 of 1968]
reason of being engaged in any
activity connected with the election
in a district other than the district
in which that polling place is
situate;
(c) those unable, or likely to be unable,
by reason either of blindness or any
other physical incapacity, to go in
person to the polling place or, if
able to go, to vote unaided.
(2) Not more than one person shall be appointed
to vote as a proxy on behalf of any one elector.
(3) No person shall be appointed to vote as a
proxy—
(a) on behalf of another elector
unless he is himself an elector
who is entitled to vote at the same
polling place as that at which the
elector on whose behalf his
appointment is sought is entitled
to vote;
(b) for more than two electors.
(4) An elector voting as a proxy on behalf of
another elector so shall do at the same polling place and at
the same time as he votes on his own behalf.
31. Every application for any such appointment of
an elector to vote as proxy at an election shall—

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Form 5.
Notice of
appointment as
proxy and list of
proxies.
[16 of 1968
15 of 2000
12 of 2006]
Form 6.
Form 7
(a) be in writing in Form 5;
(b) be addressed to the returning
officer of such district as shall
comprise the division in which the
applicant’s name is displayed
under section 34(2)(a)(iv), and be
sent to that officer so as to be
received by him not later than the
10th day before election day;
(c) be accompanied by the consent in
writing of the elector, named as
proxy therein to his appointment.
32. (1) If a returning officer is satisfied that an
application for the appointment of another elector to vote
as a proxy on behalf of the applicant has been duly
submitted in accordance with section 31 and that the
person whose appointment is sought is entitled to vote as a
proxy on behalf of the applicant and consents to his
appointment, he shall issue to that person a notice of
appointment as a proxy in Form 6 and shall notify the
applicant accordingly.
(2) If the returning officer refuses the application
he shall notify the applicant of his refusal and of his reasons
therefor.
(3) The returning officer of each district shall
keep a list of proxies which shall be in Form 7 and shall
set out the names, addresses and the serial numbers of the
registration records of the electors for whom the proxies
have been appointed and of the electors who have been
appointed to vote as proxies on their behalf; and the
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Cancellation of
appointment
as proxy.
Form 8.


Notice of poll.
[Reg. 6/1973
16 of 1985
15 of 2000]
Form 9.
returning officer shall on the request of an election agent
allow him, on the 4th day before election day, to inspect
and copy the list.
33. An elector may cancel the appointment of another
person to vote as a proxy on his behalf by giving notice in
writing in Form 8 addressed and sent to the returning
officer who issued the notice of appointment so that the
notice of cancellation is received by the returning officer
not later than the 10th day before election day; and
thereupon the notice of appointment shall be void and the
returning officer shall—
(a) so notify the elector whose
appointment as a proxy is
cancelled;
(b) delete the names of both electors
from the list of proxies.
[PART IV A 33-A to 33K deleted by Act No. 16 of 1985]
PART V
PREPARATION FOR THE POLL
34. (1) Not later than the 20th day before election day
the returning officer of each district shall give a notice of
poll which shall be in Form 9 and which shall specify—
(a) the day on and the hours between
which the poll will be taken; and
(b) the situation of each polling place
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in the district.
(2) Not later than the 14th day before election day
the returning officer shall—
(a) cause to be affixed to one building
in each division of his district the
following:
(i) a copy of the notice of poll;
(ii) a copy of each list of
candidates published in
accordance with section 19;
(iii) notification of joinder of any
such lists; and
(iv) a copy of the official list of
electors for that division;
(b) cause such further publication
of such lists and notification as
he may think desirable to bring
their contents to the attention of
electors in his district.
(3) The hours between which the poll shall be
taken shall be from 6 o’clock in the forenoon until 6 o’clock
in the afternoon at all polling places in all districts unless
the Commission shall prescribe different hours, being
twelve consecutive hours, for any polling place.
(4) Nothing in subsection (2) shall be construed as
precluding the returning officer from annexing to the copy
of the official list of voters affixed under that subsection
copies of such supplementary lists as are mentioned in
section 2(4).
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Division of official
list of electors.
[16 of 1968]

Display of
lists at polling
places.
[16 of 1968
O. 68/1980]

Preparation of
polling
places.
[16 of 1968]


35. Where more than one polling place is established
for any division the returning officer of the district in which
the division is situate shall apportion in such manner as he
thinks fit, between the polling places so established, the
entries in the official list of electors for that division and
shall compile such lists of electors as comprise the entries
allotted to such polling places, respectively; and each list so
compiled shall be regarded and dealt with as a part of the
said official list.
36. The returning officer for each district shall cause
to be displayed at every polling place therein a copy of the
official list of electors for the division in which that polling
place is situate or, as the case may be, a copy of such part of
the said list as has been allotted to that polling place under
section 35 and the foregoing provisions of this section shall
apply mutatis mutandis in the case of any polling place
established under subsections (4) and (5) of section 6.
37. The returning officer of each district shall before
election day cause every polling place in his district to be
provided with—
(a) such doors, barriers, tables, chairs
and other conveniences as are
necessary or desirable, or as the
Chief Election Officer may direct,
for the purpose of implementing
this Act;
(b) such number of compartments as
are necessary or desirable and
in which electors can vote free
from observation.
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Printing of
directions for
voting and ballot
papers. Form 10.
Form 11.
Form 12.

Requirements of
ballot papers.
[16 of 1968]

38. The Chief Election Officer shall cause to be
printed in Forms 10, 11 and 12 and sent to the returning
officer of each district before election day a sufficient
number of the following documents—
(a) directions for voting;
(b) ballot papers;
(c) tendered ballot papers.
39. (1) Every such ballot paper shall—
(a) contain, serially numbered on the
left hand side and in alphabetical
order of the initial letters of the title
of each list of candidates, the initial
letters, title and symbol of each list
of candidates;
(b) be capable of being folded up;
(c) be attached to a counterfoil bearing,
printed on the face, a serial number
and the words and dots “Elector’s
number ....”
(2) In the printing of the ballot paper—
(a) no letter, word or design shall be
printed on the face except the
initial letters, titles and symbols of
the lists of candidates;
(b) no rule shall be printed on the face
except the horizontal rules
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Requirements of
ballot paper for
geographic
constituencies.
[15 of 2000]
separating the particulars of the
lists of candidates from one
another and the vertical rules
separating those particulars from
the numbers on the left hand side
and from the spaces on the right
where the symbols are shown and
separating the spaces for symbols
from the spaces on their right
where the vote is to be marked;
(c) the whole space between the top
and bottom of the paper shall be
equally divided between the lists of
candidates by rules separating their
particulars;
(d) the initial letters of each list of
candidates shall be printed in
large capitals and the full titles of
each list in small capitals.
39A. (1) Every ballot paper for a geographical
constituency shall –
(a) contain, serially numbered on
the left hand side, and in
alphabetical order of the initial
letters of each list of a contesting
party, the title and symbol of each
contesting party; but the serial
numbering on the ballot paper
under paragraph (a) and the serial
numbering on the counterfoil,
under paragraph (c), shall be done
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in such a manner as to ensure that
the two sets of serial numbers
cannot be correlated;
(b) be capable of being folded;
(c) be attached to a counterfoil
bearing, printed on the face, a serial
number and the words and dots-
“Elector’s No….................in the
Official List”
(2) In the printing of the ballot paper –
(a) no letter, word or design shall be
printed on the face except the
initial letters, title and symbol of
the contesting parties;
(b) no rules shall be printed on the face
except the horizontal rules
separating the particulars of the
contesting parties from one another
and the vertical rules separating
those particulars from the numbers
on the left hand side and from the
spaces on the right where the
symbols are shown and separating
the spaces for symbols from the
spaces on their right where the
vote is to be marked;
(c) the whole space between the top
and the bottom of the paper shall
be equally divided between the
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Form 11
Schedule
Supplies of
election material.
[16 of 1968
O. 68/1980]
contesting parties by rules
separating their particulars;
(d) the initial letters of each contesting
party shall be printed in large
capitals and the full titles of each in
small capitals.
(3) The symbol shall be printed between the
parties’ particulars and the vertical rule separating the
parties’ particulars from the spaces where the vote is to be
marked.
(4) Tendered ballot papers shall be of a different
colour from ordinary ballot papers but, subject to difference
of colour, this section shall apply to tendered ballot papers
as it does to ordinary ballot papers.
(5) The ballot paper shall be in Form 11 in the
Schedule.
40. (1) The returning officer of each district shall
supply to every presiding officer in his district the
following—
(a) a sufficient number of ballot papers
and tendered ballot papers,
together with a statement
showing the numbers supplied
and their serial numbers;
(b) a sufficient number of copies of
the directions for voting;
(c) a sufficient number of copies of this
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c. 2:02
Act (including any amendments
made thereto for the purpose of
holding any election pursuant to
article 60(2) of the Constitution but
not yet incorporated in the text
thereof as published in any
revision thereof made pursuant to
the Law Revision Act;
(d) a sufficient number of copies of
the official list of electors or part
thereof, as the case may require,
containing the names of the
electors entitled to vote at the
polling place;
(e) a sufficient number of copies of the
list of proxies;
(f) a ballot box and materials for
affixing thereto or stamping
thereon the seal of the presiding
officer;
(g) the several forms of oaths to be
administered to electors;
(h) a poll book;
(i) the necessary envelopes and
such other forms, documents and
supplies as may be authorised by,
or furnished at the direction of, the
Chief Election Officer;

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Form 13.

Display of lists of
candidates and
directions for
voting.

Safe custody of
election material.

Application of
section 12 of the
National
Registration Act.
c. 19:08
[16 of 1968
Reg. 30/1968
22 of 1997
15 of 2000
12 of 2006]
(j) a sufficient number of copies of
each list of candidates published in
accordance with section 19.
(2) The ballot box shall be of convenient size and
so constructed that the ballot papers can be placed therein,
but cannot be withdrawn therefrom, without the box being
unlocked.

(3) The poll book shall be in Form 13.
41. The presiding officer of each polling place
shall before the opening of the poll post up in a
conspicuous position outside the polling place a copy of—
(a) the directions for voting;
(b) the lists of candidates published
in accordance with section 19.
42. The presiding officer of each polling place shall,
until the opening of the poll, keep the documents supplied
to him in pursuance of section 40 (other than those
required to be posted up by section 41) locked in the ballot
box or other depository and shall take every precaution to
prevent any person having unauthorised access thereto.
43. Section 12 of the National Registration Act shall
apply in relation to every person who is an elector but, in
such application, shall have effect as if—
(a) the words, “and cause them to be
issued in such manner as he thinks
fit to”, had been deleted therefrom;
and
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c. 19:08

(b) the words “and shall cause every
such registration record to be issued
in such manner as the Commissioner
thinks fit to the person for whom it
has been prepared, or to be made
available for his procurement in
such manner as the Commissioner
may specify by notice published in
the Gazette” had been inserted
immediately after the word “Act”
therein:
Provided that if the Commissioner of Registration
finds it for any reason impracticable—
(a) for a print of the photograph of any
elector to be affixed to such
identification card of that elector as
may be required for the purposes of
this Act;
(b) for any such identification card of
an elector as aforesaid to be
prepared in conformity with
regulation 20(2) (b) of the National
Registration (Residents) Regulations;
the lack of any such print or preparation, as the case may be,
shall not invalidate the identification card for the said
purposes.

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Interpretation of
Part VI.
[Reg. 25/1968
Reg. 6/1973
16 of 1985
3 of 1991
11 of 1992
12 of 2006]
c. 19:08
PART VI
PREPARATION FOR NON-RESIDENT ELECTORS’
BALLOT
44. (1) In this Part—
“ballot officer” means –
(a) an ambassador or High
Commissioner resident in any
country and representing Guyana
therein;
(b) any person appointed to be a ballot
officer in any other country in
which an ambassador or High
Commissioner is accredited but is
not resident therein;
“non- resident elector” means an elector whose name is on
the non-residents’ electors roll;
“non-resident electors’ roll” means the non-resident
electors’ roll as prescribed by subsection (2).
(2) The non-resident electors’ roll shall be the
preliminary list of the electors not resident in Guyana
comprising the persons specified in subsection (2A),
prepared before election day in pursuance of section 14 of
the National Registration Act or last prepared in pursuance
thereof before such day, as the case may be, but with every
such modification as may be necessary to bring that list into
conformity with the central register (to the extent to which
it consists of the registration records of electors
aforesaid)—
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c. 19:08
c. 19:08

c. 19:08
(a) as altered under section 15(6)
of the National Registration Act
to give effect to claims and
objections finally determined
before the said election day;
(b) pursuant to any alteration thereto
made under section 8 of the
National Registration Act, prior
to the date of publication in the
Gazette under section 19 of the
names of candidates, for the
purpose of changing the
registered address, name or
occupation of an elector;
(c) pursuant to the cancellation
therein under section 8 aforesaid
of an elector’s registration effected
in contravention of section 11(1) of
the National Registration Act, or of
relating to an elector who does not
exist by reason of death or
otherwise ought not to be
registered;
and every reference made to the non-resident electors’
roll in the provisions hereinafter contained shall, in relation
to any time on or before election day, be construed as a
reference to such preliminary list as aforesaid with such
modifications thereto (if any) as, at that time, shall have been
made in conformity with this subsection.

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c. 19:08

Display of non-
resident electors’
roll.
[3 of 1991]

Printing of ballot
officers’ supplies.
[16 of 1985]
(2A) The preliminary list of electors not resident in
Guyana shall consist of the names of every elector not resident
in Guyana who is—
(i) an Ambassador or a High
Commissioner;
(ii) the wife or husband or child
of an Ambassador or a High
Commissioner;
(iii) a member of the staff of
an Embassy or High
Commission;
(iv) the wife or husband or child
of a member of the staff of an
Embassy or High
Commission.
(3) In subsection (2) or (2A) reference to a
preliminary list is a reference to such list read in
conjunction with any supplementary list prepared for a
revision of that preliminary list pursuant to regulations
made under the National Registration Act for the purpose
of showing the aforementioned modifications.
45. The Chief Election Officer shall cause a copy of the
non-resident electors’ roll to be displayed for public
information, or for the information, of non-resident
electors, at every such place as the Commission may
appoint by notice published in the Gazette.
[45A repealed by Act No. 3 of 1991]
46. The Chief Election Officer shall cause to be
printed and supplied to each ballot officer a sufficient
number of the following –

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Non-resident
electors’ ballot
papers.
[16 of 1985]

Additional
supplies for
ballot officers.
[16 of 1985]
(a) copies of directions for balloting
by non-resident electors;
(b) ballot papers;
(c) such envelopes and forms as are
requisite;
to enable the ballot officer to carry out his functions under
this Act; and the Chief Election Officer shall make the
necessary arrangements to be provided with a sufficient
number of the same for the purpose of carrying out his
like functions under Part VII.
47. (1) Ballot papers supplied to ballot officers and
used by non-resident electors shall be of a different colour
from all other ballot papers conforming to the
requirements of section 39 but, subject to such
difference of colour, shall conform to those requirements
in the like manner as such other ballot papers.
(2) Reference in subsection (1) to ballot papers
supplied to ballot officers shall be construed to include
reference to ballot papers with which the Chief Election
Officer is provided under section 46.
48. In addition to the supplies to be furnished under
section 46, the Chief Election Officer shall provide every
ballot officer with—
(a) a sufficient number of copies of this
Act;
(b) a sufficient number of copies of
the non-resident electors’ roll in
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Safe custody of
officers’ supplies.
Interpretation of
Part VII.
[Reg. 31/1968
16 of 1985
22 of 1997
so far as it comprises entries
relating to electors resident in the
country in which that ballot officer
is accredited to represent Guyana
or appointed to be a ballot officer,
as the case may be;
(c) a statement showing the number
of ballot papers supplied to him
under section 46(b) and their serial
numbers; and
(d) such other documents and
supplies as the Chief Election
Officer may consider expedient;
for use by that ballot officer in the execution of his
functions; and the Chief Election Officer shall record
every such statement and the number of ballot papers
with which he is provided under arrangements mentioned
in section 46 and the serial numbers of the ballot papers so
provided.
49. Every officer shall be responsible for the
safe custody of all supplies with which he is furnished or
provided under section 46 or 48 and shall take every
precaution to prevent any person having unauthorised
access thereto.
PART VII
NON-RESIDENT ELECTOR’S BALLOT
50. (1) In this Part—
“ballot attendant” means an officer appointed under section
53(1);
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15 of 2000
12 of 2006]

Issue of ballot
papers to non-
resident electors.
[Reg. 6/1973
16 of 1985]
“ballot officer”, “non-resident elector” and “non-resident
electors’ roll” shall have the meanings assigned to
them, respectively, by section 44.
(2) Reference in this Part to the serial number of a
non-resident elector shall be construed as reference to
the serial number of his registration record.
(3) A ballot officer may exercise any powers, and
perform any duties, of a ballot attendant under any
provisions of Part VII and references in any such
provisions to a ballot attendant shall be construed
accordingly with such modifications to the context as may
be necessary for the purpose.
51. Not later than the 14th day before election day,
there shall be posted to every non-resident elector—
(a) by such ballot officer as shall be
provided under section 48(b) with
copies of entries in the non-resident
electors’ roll which include the name
of that non-resident elector; or
(b) in any case where there is no such
ballot officer, by the Chief Election
Officer;
a sealed envelope, which shall be directed to the non-
resident elector at his address appearing on the non-
resident electors’ roll and shall contain the following—
(i) an unsealed envelope
(hereafter referred to in this
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Form 14
Form 15

Notes of ballot
papers issued.
[16 of 1985]
Part as the addressed envelope)
addressed in the name, and to
the office, of the officer issuing
the same, which shall be
recognisable by him on its
return as having been issued
under this paragraph;
(ii) a declaration of identity in
Form 14 which shall bear the
serial number of the non-
resident elector on its reverse
side;
(iii) an unsealed envelope (here-
inafter referred to in this Part as
the ballot envelope) addressed
with the words “To the Chief
Election Officer” and capable
of containing a ballot paper
and of being enclosed, together
with the last-mentioned form,
in the addressed envelope;
(iv) a copy of the directions for
balloting by non-resident
electors as set out in Form 15;
(v) a ballot paper stamped with the
official mark.
52. Upon issuing a ballot paper to any non-
resident elector under section 51, a ballot officer or the
Chief Election Officer, as the case may be, shall—
(a) show that a ballot paper has been
issued to the non- resident elector,
but without showing the particular
ballot paper issued, place a mark on
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Ballot attendants.
[16 of 1985]
such copy of entries in the non-
resident electors’ roll as shall be used
by him for the purposes of this
paragraph; and
(b) enter on the counterfoil of the ballot
paper the serial number of the non-
resident elector.
53. (1) There shall be appointed such number of
officers as the Chief Election Officer may consider requisite
for the performance in any country of the functions of
ballot attendants under this Act.
(2) The Chief Election Officer shall cause notice
of the name and address of every ballot attendant to be
published in the Gazette and may cause such further
publication of the same, for the information of non-
resident electors, as the Chief Election Officer considers
desirable; and the address of the office of each ballot officer
shall be notified under the foregoing provisions of this
subsection as being also the address of a ballot attendant.
(3) The ballot attendant at every such office as
aforesaid shall permit any person having authority by
virtue of section 30(1)(f) for promotion of the election of a
group of candidates, and designated in writing by their
election agent, to attend the balloting there by non-
resident electors in the presence of the ballot attendant and
shall afford that person, if and when the attends, all such
reasonable facilities for observing the said balloting as that
attendant can afford consistently with the orderly conduct
of the proceedings, the discharge of his duties in connection
therewith and the maintenance of the secrecy of the ballot.

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Recording of non-
resident elector’s
vote.
[16 of 1985]
Form 13.

Form 14
(4) There shall not be more than one person
designated as aforesaid by the election agent of each list of
candidates to attend at the same office.
54. Every non-resident elector in receipt of the
addressed and ballot envelopes, Form 13 and ballot paper
issued to him under section 51(i), (ii), (iii) and (v)—
(a) may upon satisfying any ballot
attendant as to his identity by way
of production of his passport, travel
document or other proof of such
identity, and of the envelope directed
to him under section 51, not later
than the 9th day before election day—
(i) exhibit the said envelopes,
Form 14 and ballot paper
(unmarked) to the ballot
attendant;
(ii) secretly mark and fold the
ballot paper in the like
manner as provided by
section 81(2), enclose it in the
ballot envelope and seal that
envelope, in the presence of
the ballot attendant, but so
that the ballot attendant does
not observe the said manner
of marking the ballot paper;
and
(iii) give the ballot envelope so
sealed and Form 14 to the
ballot attendant, who shall
forthwith complete the said
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Form 16
Form in the presence of the
non-resident elector and
issue to him a receipt in
Form 16:
Provided that—
(a) if the non-resident elector is
incapacitated by blindness or other
physical cause from personally
complying with the foregoing
provisions of this paragraph, the
ballot attendant may, at the request
of the non-resident elector, comply
or permit a person appointed by
the non-resident elector to
comply with any such provisions
on his behalf, in his presence and
according to his directions;
(b) the person so appointed shall be a
non-resident elector, who shall,
before the form of declaration is
given to the ballot attendant under
subparagraph (iii) of this
paragraph, endorse on the reverse
side of the form a certificate in the
following terms:
“I, ..............................................................................................
(names in block letters) hereby certify that the non-
resident elector whose serial number appears next
hereto is physically incapacitated and voted with my
assistance rendered at his request.
...........................................
(Signature) “;
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Form 13

Transmission
of non-resident
elector’s vote to
ballot officer.
[16 of 1985]
Or
(a) if he prefers so to do, or if no
ballot attendant is available,
may—
(i) secretly mark and fold the
ballot paper in the like
manner as provided by
section 72(2) and enclose it in
the ballot envelope;
(ii) seal the ballot envelope;
(iii) complete Form 13 and
enclose it, together with the
ballot envelope, in the
addressed envelope for
posting under section 55(b).
55. For the purpose of causing the vote recorded
by him to be cast in the manner provided by section 62(1),
every non-resident elector—
(a) having complied with section
54(a), shall thereupon surrender
to the ballot attendant the
addressed envelope exhibited
under subparagraph (i) of that
paragraph to such attendant, who
shall—
(i) forthwith, in the presence of
the non-resident elector,
enclose therein the ballot
envelope, and the
declaration in the form,
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Safe custody of
votes returned.
[16 of 1985]
given by him under
subparagraph (iii) of the said
paragraph and seal the
addressed envelope;
(ii) until its delivery to the
officer mentioned in the next
following subparagraph,
keep the addressed
envelope so sealed in safe
custody and take every
precaution to prevent its
being opened or
unauthorised access being
had thereto; and
(iii) be responsible for delivering
the addressed envelope not
later than the 5th day before
election day to the officer to
whose office it is so
addressed;
(b) having complied with section
54(b), shall seal the addressed
envelope containing its
enclosures under that paragraph
and post it so as to be received by
the officer to whose office it is so
addressed not later than the 7th
day before election day.

56. (1) Each officer to whom the addressed envelope
issued by him in pursuance of section 51 (a) or (b) to any
non-resident elector is returned as having been duly
sealed by a ballot attendant, or as a sealed envelope
presumably with enclosures under section 54(b), shall keep
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it in safe custody, and take every precaution to prevent its
being illegally opened or unauthorised access being had
thereto, prior to the discharge of his other duties and
responsibilities in respect thereof:
Provided that any such envelope returned after the
time allowed for its delivery or receipt under section
55(a)(iii) or (b), as the case may be, shall be kept separately
from all other such envelopes returned in due time; and
every ballot officer to whom any such envelope is returned
after the time allowed as aforesaid shall cause it to be
delivered to the Chief Election Officer as soon as
practicable after such return thereof.
(2) For the purposes of section 137, and without
prejudice to the generality of the provisions thereof, every
envelope which has been sealed by a ballot attendant under
section 55(a)(i), or has been returned to any officer as a
sealed envelope mentioned in subsection (1) of this section,
shall be deemed to be, until removal of the ballot paper
therefrom according to law, a packet referred to in section
137(1)(d).
(3) Where the addressed envelope, form (whether
completed or not), marked or unmarked ballot paper and
the ballot envelope therefor, or any of the foregoing, issued
by any officer in pursuance of section 51(a) or (b) are
returned to him in such manner or condition as to
preclude the application of subsection (1) in relation
thereto, such officer shall nevertheless keep them in safe
custody, and take every precaution to prevent
unauthorised access being had thereto or any such
envelope (if sealed) from being illegally opened, prior to
the discharge of his other duties and responsibilities in
respect thereof and, if he is a ballot officer, shall cause the
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Officers’
responsibilities
[16 of 1985]

Form 17.
same to be delivered to the Chief Election Officer as soon as
practicable after their return as aforesaid.
57. (1) Each officer referred to in section 56 shall
make up into separate packets, sealed with his seal—
(a) all the addressed envelopes
returned to him as mentioned in
section 56(1) and to which the
proviso to that paragraph does not
apply;
(b) such copy of entries in the non-
resident electors’ roll as has been
used by him for the purposes of
section 52(a);
(c) the counterfoils with entries
made thereon by him under
section 52(b);
(d) any ballot papers with which he
was furnished under section 46 and
which have not been issued to non-
resident electors pursuant to
section 51;
(e) a statement in writing, to be called
“the non-resident electors ballot
papers account” prepared by him
in Form 17.
and, if he is a ballot officer, shall deliver such packets, so
sealed, not later than the day next preceding election day
to the Chief Election Officer and be responsible for their
safe custody until such delivery.
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Balloting by non-
resident electors
in particular cases.
[Reg. 6/1973
16 of 1985
12 of 2006]
Form 18.
(2) The Chief Election Officer shall keep each
packet sealed by him under subsection (1)(a), or delivered
to him pursuant to compliance with paragraph (a)
aforesaid, in safe custody and shall take every
precaution to prevent any person from having
unauthorised access to it, or from opening it except for the
purposes of section 61.
(3) For the purposes of section 137, and without
prejudice to the generality of the provisions thereof, each
packet made up in pursuance of subsection (l)(a) of this
section shall be deemed to be, until it is opened for the
purposes of section 61, a packet referred to in section
137(1)(d).
58. (1) Notwithstanding anything in the foregoing
provisions of this Part, where any non-resident elector
present in Guyana has reason to apprehend his being
unable to vote (apart from subsection (4)) on account of
his absence from the address to which any sealed envelope
is required by section 51 to be directed to him by post, such
address being situated outside Guyana, the non-resident
elector may apply to the Chief Election Officer for a ballot
paper.
(2) Such application shall be in Form 18 and shall
be posted to the office of the Chief Election Officer so as to
be received by him not later than the 7th day before
election day.
(3) Unless the Chief Election Officer is not
satisfied as to the identity of the applicant upon
comparison of his signature with that of the said non-
resident elector on his registration record, which shall be
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L.R.O. 1/2012
made available for the purpose by the Commissioner of
Registration, the Chief Election Officer shall grant the
application and comply with sections 51 and 52, whether
or not previously complied with, in relation to that non-
resident elector as if—
(a) for the reference in section 51 to the
14th day before election day there had
been substituted a reference to the 5th
day before election day; and
(b) his address appearing in the non-
resident electors’ roll were, by virtue
of section 44(2)(b), such address in
Guyana as shall be given by him in
the said application.
(4) Where a non-resident elector is in receipt of
a sealed envelope directed to him at an address in Guyana
by virtue of the last preceding subsection, sections 54 and
55 apply in relation to such non- resident elector as if—
(a) reference in section 54(a) to proof of
identity in lieu of (but not in so far as
it may be requisite in addition to) a
passport or travel document had been
omitted;
(b) for every reference in section 54 or
55 to a ballot attendant there had
been substituted a reference to the
returning officer for the district in
which that non-resident elector’s
address given as mentioned in
subsection (3)(b) is situated;
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(c) for the reference in section 54(a) to the
9th day before election day there had
been substituted a reference to the
second day next before election day;
(d) for the reference in section 55 to the
5th day before election day there had
been substituted a reference to
election day:
Provided that section 54(b) or 55 does not apply to
any non-resident elector in receipt of a sealed envelope
directed to him as aforesaid.
(5) For the purposes of section 56(2), a returning
officer acting by virtue of subsection (4)(b) of this section
shall be deemed to be a ballot attendant.
(6) Where after the 10th day before election day a
non-resident elector who apprehends his being unable
to vote, apart from this subsection, on account of no
ballot paper having been received by him, satisfies as to his
identity the ballot attendant at the office of any ballot
officer required to have issued a ballot paper to the non-
resident elector that ballot officer shall cause such a sealed
envelope as is mentioned in section 51 to be thereupon
handed to the non-resident elector and this Act applies to
the envelope so handed to the non-resident elector and its
contents as if they had been posted to him by the ballot
officer not later than the 14th day before election day:
Provided that—
(a) section 54(b) or 55 does not apply as
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Time and place
for casting
non-resident
electors’ votes.
[Reg. 32/1968
O. 68/1980
12 of 1996]
15 of 2000
12 of 2006]
aforesaid and no ballot attendant,
other than the ballot attendant so
satisfied, shall be deemed referred to
by subsection (a) of either such
section in its application as aforesaid;
(b) the addressed envelopes duly
returned to the ballot officer by
virtue of the foregoing provisions of
this paragraph shall be parcelled
together, separately from the
other enclosures, in his packet
containing addressed envelopes
under section 57(1)(a).
59. (1) The provisions of the following sections of this
Part shall be executed at such place in Guyana, and during
such period commencing on election day, as may be
specified by the Chief Election Officer by notice published
in the Gazette and no person, other than—
(a) the Chief Election Officer and such
staff appointed under section 7(d) as
he may designate to assist him in the
execution of those provisions;
(b) members of the Commission;
(c) candidates appointed under sub-
section (2);
(d) election agents;
(e) of the Police Force, the Guyana
Defence Force on duty;
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Commencement
of proceedings
on election day
for casting non-
resident
electors’ votes.
(f) such other persons as, in the
opinion of the Chief Election Officer,
have good reason to be present, shall
be present at the execution of any
such provisions:
Provided that notwithstanding anything
provided by any law or specified as aforesaid, but without
prejudice to section 4, the execution of the provisions of the
following sections of this Part may, in so far as the Chief
Election Officer finds necessary for the purpose of ensuring
the casting of the votes of non-resident electors duly
delivered to him in accordance with this Act, be
continued and completed after the expiration of the said
period whether it expired during or with election day.
(2) The election agent of each group of candidates
may appoint one of the candidates for the purposes of
subsection (1)(c).
(3) Notice in writing of such appointment, stating
the name and address of the candidate, shall be signed by
the election agent and delivered to the Chief Election
Officer not later than the 7th day before election day.
(4) There shall not be more than one candidate
appointed from the same list of candidates for the said
purposes.
60. At the commencement of the period mentioned in
section 59, the Chief Election Officer shall—
(a) open a ballot box, which shall
confirm to the requirements of
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[40 of 1964
0.50/1980
16 of 1985]

Opening packets
of non-resident
electors’ ballot
papers.
[O. 50/1980
16 of 1985
12 of 2006]

section 40(2) but shall not be used for
the purpose of casting the votes of
any electors other than non- resident
electors;
(b) ensure that there are no ballot papers
or other papers in the ballot box;
(c) lock the ballot box, retain the key
thereof and place his seal upon the
ballot box in such manner as to
prevent it being opened without
breaking the seal;
(d) place the ballot box on a table in full
view of all present where it shall
remain until the ballot papers have
been removed therefrom under
section 92(1)(b).
61. (1) The Chief Election Officer shall open each
packet made up in pursuance of section 57(1)(a) and the
addressed envelopes contained therein or delivered to him
by virtue of section 58(4)(d); and in the course of execution
of the foregoing provisions of this paragraph, the Chief
Election Officer shall count and record the number of
envelopes contained in each packet aforesaid and the
number of envelopes so delivered to him.
(2) Upon opening any such envelope under
subsection (1) of this section, the Chief Election Officer
shall, if requested so to do by a candidate appointed
under section 59 or election agent, satisfy himself as to
the identity of the signatory of any declaration therein,
made in Form 14, or of any certificate on the reverse side Form 14.
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of any such Form, by comparing such signature with—
(a) the signature made on his registration
record by the non- resident elector or
in cases where in his opinion having
regard to all the circumstances the
request is unreasonable; or
(b) the signature (of which a specimen
shall for purposes of record to enable
the due execution of the provisions of
this paragraph, have previously
been required by the Chief Election
Officer) of the ballot attendant or
returning officer, as the case may be,
who the said signatory represents
himself to be:
Provided that—
(a) the Chief Election Officer shall
not accede to any such request
if he has decided that, for any
reason, section 62 does not
require a vote to be cast from
the addressed envelope in
question or in cases where in
his opinion having regard to all
the circumstances the request
is unreasonable;
(b) every decision taken by the
Chief Election Officer under
the foregoing provisions of this
section shall be final unless and
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c. 1:04
Casting non-
resident electors’
votes.
[Reg. 25/1968
O. 50/1980
16 of 1985]
until it is reversed by the High
Court on an election petition
presented under the National
Assembly (Validity of
Elections) Act.
(3) The Commissioner shall cause to be made
available such registration records as are required by the
Chief Election Officer for the purposes of subsection
(2)(a).
62. (1) The casting of every vote dealt with in
accordance with section 55 shall be effected by way of the
ballot the paper being removed without being unfolded
from the envelope which contained it and being placed in
the ballot box by the Chief Election Officer as soon as he
shall have opened the addressed envelope so dealt with
and, in the event of any request having been duly made in
that behalf, satisfied himself under section 61(2) that the
identity of the signatory of the declaration enclosed with
the ballot envelope conforms to the requirements of this
Act; and upon every such casting, the Chief Election
Officer shall place a mark on his copy of the non-resident
electors’ roll against the name of the non- resident elector
whose serial number appears on the reverse side of the
declaration enclosed as aforesaid.
(2) For the purposes of the preceding subsection, a
vote shall be deemed to have been dealt with in
accordance with section 55 notwithstanding that the
ballot envelope containing the same is found open except
the ballot envelope appears to the Chief Election Officer
to have been tampered with after having been sealed.
(3) Notwithstanding anything in the foregoing
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Casting of non-
resident vote for
geographical
constituencies
[15 of 2000
2 of 2001]
provisions of this section, a vote shall not be cast if upon
opening the addressed envelope containing the same, there
is disclosed a declaration bearing under section 51(ii) the
like serial number—
(a) as was entered on any counterfoil
under section 52(b)and by virtue of
section 58(3), the addressed envelope
aforesaid not having been delivered
as mentioned in section 61(1); or
(b) as belongs to any non-resident elector
against whose name an additional
mark has been placed under section
52(a) and by virtue of section 58(6),
the addressed envelope aforesaid not
having been among parcelled
enclosures referred to in the proviso
to the last-mentioned subsection.
62A. (1) The ballot officer shall supply to every person
entitled to vote at the balloting place his ballot paper in an
unsealed envelope; on the envelope shall be stated his
name, polling district, division, code number and polling
place.
(2) Upon issuing the unsealed envelop to the
person entitled to ballot such person shall cast his ballot
and place it in the envelope which he shall seal before
placing it in the ballot box provided by the ballot attendant.
(3) Upon receipt of the envelopes containing the
ballots cast the Chief Election Officer or his duly authorised
representative shall sort the envelopes with the ballot cast
therein and place each envelope in a packet for the relevant
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Further duties of
Chief Election
polling station in the relevant geographical district and
prepare a written statement of the number of envelopes so
sorted.
(4) The Chief Election Officer shall transmit all
sealed envelopes with the cast ballots to the respective
returning officers for each geographical district, together
with a copy of the written record of the envelopes so
despatched.
(5) The Elections Commission shall in respect of
each geographical constituency publish the names of
polling stations in each polling district where the sealed
envelopes with the cast ballots shall be sent by the
Returning Officer for the votes to be cast at such polling
stations before the close of poll.
(6) In the presence of the polling agents the
presiding officer shall verify and record the number of
envelopes with the cast ballots before casting the ballots
contained in the envelopes at each polling station.
(7) The persons who balloted in accordance with
this section shall be deemed to have cast their votes at the
election in the districts in which the relevant balloting
places are situated.
(8) The votes deemed to have been cast at the
election in each district under subsection (7) shall be
counted by the respective presiding officer and the
provisions of section 83 shall apply mutatis mutandis in
relation to the counting of votes under this section.
63. (1) The Chief Election Officer shall not leave
outside any addressed envelope opened under section
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Officer in relation
to packets.
[Reg. 25/1968
16 of 1985]
61(1) such contents thereof as are not placed in the ballot
box under section 62(1); and he shall make up into separate
packets, sealed with his seal—
(a) all such envelopes from which votes
have not been cast by reason of their
containing declarations or certificates
in respect of which the Chief Election
Officer, having been duly requested
to satisfy himself as to the
identities of the signatories thereof,
is not satisfied as mentioned in
section 62(1);
(b) all such envelopes which contained
votes cast under section 62(1);
(c) all other such envelopes from which
such casting was not effected by
reason of their having been found,
upon being opened as aforesaid, to
contain enclosures which appear not
to have been dealt with in accordance
with section 55;
(d) all the addressed envelopes from
which votes were precluded by
virtue of section 62(3) from being cast;
(e) all the addressed envelopes returned
as mentioned in the proviso to
section 56(1), or delivered under that
proviso, to him on or before election
day;

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Ballot boxes.
[Reg. 25/1968]
(f) everything returned in such
manner (not being the manner
provided by virtue of section 58(4)(b)
or condition as mentioned in section
56(3), or delivered in pursuance of
that subsection, to him on or before
election day;
(g) the copy of the non-resident
electors’ roll marked under section
62(1).
(2) The Chief Election Officer shall, for the
purpose of compliance with section 62(3), open the packet
made up by each officer in pursuance of section 57(1)(b),
and the packet made up by him in pursuance of subsection
(c) of that section and containing counterfoils with entries
made under section 52(b) and by virtue of section 58(3), and
shall reseal every packet so opened as soon as its contents
cease to be in use for the said purpose.
(3) The Chief Election Officer shall open the packet
made up by each officer pursuant to section 57(1)(d), and
the packet containing the non-resident electors’ ballot
papers account prepared by that officer under section
57(1)(e), for the purpose of verification of the said account
by comparing it with the contents of the packet made up
by him as aforesaid and with the relevant records made
under sections 48 and 61(1) and the Chief Election Officer
shall thereafter reseal both such packets.
64. More than one ballot box may be used for the
purposes of this Part if the Chief Election Officer considers
or finds a single ballot box to be inadequate, or the use
thereof to be inexpedient, for those purposes; and the
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Delegation of
Chief Election
Officer’s
functions.
[Reg. 25/1968]
Definitions.
[16 of 1985
15 of 2000]
provisions of section 60 shall, in so far as they are
applicable, be complied with in relation to every ballot box
which the Chief Election Officer decides shall be used as
aforesaid.
65. The Chief Election Officer may depute officers
belonging to the staff appointed under section 7(d) to carry
out his functions, or any of them, (including, without
prejudice to the generality of the foregoing, the exercise of
his authority for the casting of any vote), under such
provisions of the foregoing sections of this Part as are to be
executed in conformity with section 59(1); and the officers
so deputed, who shall be called overseas presiding officers,
shall subject to any general or special directions given by
the Chief Election Officer, have and exercise all the powers
and perform all the duties, delegated under this section to
them, respectively.
65A- 65 F. [PART VIIA - Sections 65A-65F repealed by Act
No.3 of 1991].
PART VIIB
PROCEDURE FOR VOTING BY SPECIFIED
DISCIPLINED FORCES
65G. (1) In this Part—
“ballot attendant” means a person appointed as such under
section 65I;
“ballot officer” means a person appointed as such under
section 65I;
“balloting place” means a place appointed as a balloting
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Application
of Part.
[16 of 1985
12 of 1996]

Appointment of
ballot officers,
ballot attendants
and balloting
places for the
purposes of this
Part.
[16 of 1985]
place under section 65I;
“specified disciplined force” means a disciplined force
specified for the purposes of this Part by order under
section 65H.
[Subsection (2) repealed by Act No. 15 of 2000]
65 H. In order to allow members of any disciplined
force or disciplined forces to exercise their right to vote at
an election without affecting the performance by them of
their duties on the election day, the Elections Commission
may by order direct that the provisions of this Part shall
apply to the exercise of that right, by any member of such
disciplined force or disciplined forces as may be specified
in the order, in an election and if the Elections Commission
makes such an order the provisions of this Part shall apply
to voting by any member of a specified disciplined force or
specified disciplined forces at any election held after the
date of the order.
65I. (1) The Chief Election Officer shall appoint by
notification in the Gazette —
(a) one ballot officer for each of the
specified disciplined forces;
(b) such number of ballot attendants, as
he thinks fit, so that there will be one
ballot attendant for each balloting
place; and
(c) such place or places, as he thinks fit,
in each district as balloting place or
balloting places.
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List of electors
entitled to vote
under this
Part.
[16 of 1985
12 of 1996
22 of 1997
15 of 2000]
(2) Different ballot attendants and different
balloting places may be appointed in relation to electors
who are members of different specified disciplined
forces.
(3) A ballot clerk may be appointed by the Chief
Election Officer in relation to a balloting place:
Provided that it shall be lawful for the Chief
Election Officer to appoint the same person as ballot
attendant and ballot clerk.
65 J.(1) Each ballot officer shall prepare a list of
persons whose names are on any official list of electors and
who are members of the specified disciplined force, in
relation to which he has been appointed ballot officer.
(2) The list prepared by a ballot officer under
subsection (1) shall be divided into parts according to the
division, in the official list of electors for which the names
of the persons mentioned in that part are included, and
shall state the registration card number of each such
person, his serial number of registration in the official list
of electors, to which division the official list of electors
relates, the district in which that division is situate, and
such other particulars as may be prescribed by the Elections
Commission by regulations.
(3) Each of the ballot officers shall forward a copy
of the list prepared by him under subsection (1) (but
excluding therefrom the names of the persons referred to in
the proviso to section 65K(6)) to the Chief Election Officer.
(4) The Chief Election Officer shall forward those
parts of the copy of the list referred to in subsection (3) as
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Balloting.
[16 of 1985]
are relevant in respect of the divisions in any district to the
returning officer of that district and the returning officer
shall cause to be displayed at each polling place in the
district the names and other particulars included in the
copy of the list, referred to in subsection (1), of those who
are, but for this Part, entitled to vote at that polling place.
65K. (l) The Chief Election Officer shall by notification
in the Gazette appoint a day on which, and the hours during
which, persons entitled to vote under this Part may ballot
and different days and hours may be appointed in relation
to different balloting places:
Provided that any day appointed under this
subsection for balloting shall not be more than ten days
earlier than the election day or later than five days before
the election day.
(2) The Chief Election Officer shall forward to
each ballot officer sufficient number of ballot papers
having regard to the names in the copy of the list
forwarded by that ballot officer to the Chief Election Officer
under section 65J (3).
(3) The ballot officer shall, before the hour
appointed for the commencement of balloting under this
Part at a balloting place, cause to be displayed at the
balloting place a list containing the names, and other
particulars referred to in section 65J (2), of the persons
entitled to ballot under this Part at that balloting place, such
names being of persons who are, but for this Part, entitled
to vote at a polling place in the district where that balloting
place is situate.

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(4) The ballot officer shall cause to be supplied to
the ballot attendant for a balloting place, the day before the
day fixed for balloting at that balloting place, sufficient
number of ballot papers having regard to the names in the
list, referred to in subsection (3), of persons entitled to
ballot at that balloting place.
(5) Any person whose name is on a list prepared
by a ballot officer under section 65 J(1) and who desires to
vote at an election may exercise his right to ballot under
this Part at the balloting place where a list containing his
name is displayed under subsection (3).
(6) Nothing in this Part shall be deemed to prevent
any person whose name is included in a list prepared
under section 65J(1) from exercising his right to vote in
accordance with any other provision of this Act and not in
accordance with this Part:
Provided that where any such person desires
to vote in accordance with any other provision of this Act
he shall intimate the ballot officer in relation to such list
wherein his name is included, not later than fifteen days
before the day appointed under subsection (1) for balloting
at the balloting place where he is entitled to ballot under
this Part, of his desire so to do and thereupon the ballot
officer shall make a note of it in that list and his name shall
not be included in the list referred to in subsection (3) or in
the copy of the list referred to in section 65J(3) and
forwarded by the ballot officer to the Chief Election Officer.
(7) Subject to the provisions of this Part, the
provisions of this Act in relation to presiding officers and
their functions, polling clerks and their functions, polling
places, preparation for poll and polling shall mutatis
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Ballot attendant
to hand over
ballot box to
ballot officer.
[16 of 1985
30 of 1990]
15 of 2005]
Application of
certain provisions
relating to
penalties to
balloting under
this Part.
[16 of 1985]
mutandis apply respectively to, and in relation to, ballot
attendants, ballot clerks, balloting places, preparation for
ballot and balloting under this Part.
65L. (1) As soon as possible after the expiry of the
hour appointed for the closing of balloting in relation to a
balloting place, on the day of the balloting, the ballot
attendant shall deliver personally the sealed ballot box
containing the sealed envelopes with the marked ballots
and the sealed packets referred to in section 83(10) (b)
together with the key of the ballot box to the ballot officer.
(2) The ballot attendant shall be responsible for the
safe custody of the ballot box and the aforesaid sealed
packets until they are delivered to the ballot officer under
subsection (1) and thereafter the ballot officer shall deliver
them to the Chief Election Officer who shall be responsible
for their safe custody.
(3) The provisions of 62A as they apply in relation
to the non- resident electors’ ballot shall apply mutatis
mutandis to voting by the disciplined forces.
(4) [Repealed by Act No. 15 of 2000]
65M. (1) The provisions of sections 119, 122(1)(a),
126(a) in so far as it relates to voting on his own behalf,
126(d)(i) and (ii), 127(a) and (b),129, 130, 131(a), (b), (c), (d),
(h) and (i), 131(e) and (f) in so far as they relate to vote of
any elector at an election, 132 in so far as it relates to voting
in person and 138, shall apply in relation to balloting under
this Part subject to the modification that references therein
to—

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Modification, etc.
of provisions of
Act.
[16 of 1985
12 of 1996]

Over-riding effect
of this Part.
[16 of 1985]

Place and
time of poll.
(a) poll and voting shall be construed
as references to balloting under this
Part; and
(b) a poll clerk and presiding officer shall
be construed as references to a ballot
clerk and ballot attendant
respectively.
(2) Subsection (1) shall not be deemed to
modify the law relating to any other offences under this
Act.
65N. (1) In order to give effect to the right of an
elector, who is a member of any of the disciplined forces, to
exercise his right to ballot in accordance with the provisions
of this Part, and consistently with the interests of defence,
public safety and public order, the Elections
Commission may by order direct that the provisions of this
Act, other than the provisions of this Part, shall apply to,
and in relation to, the exercise by members of the
disciplined forces of any right they have to vote at an
election, with such adaptations, modifications, exceptions
or qualifications as may be specified in the order.
(2) An order made under subsection (1) shall be
subject to negative resolution of the National Assembly.
65O. The provisions of this Part shall have effect
notwithstanding anything contained in any other Part of
this Act.
PART VIII
THE POLL
66. The poll shall be taken at each polling place on
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[Reg.
24/1964]
Appointment
of candidate to
attend poll.

Opening of
poll.
[15 of 2000]
election day in accordance with this Part during the hours
specified in the notice of poll:
Provided that if at the hour of the closing of the
poll there are any electors waiting at the polling place to
vote, the poll shall remain open for sufficient time to enable
those electors to vote.

67. (1) The election agent of each group of candidates
may appoint one of the candidates, hereinafter in this Part
referred to as the “duly appointed candidate” to attend the
poll at a polling place.
(2) Notice in writing of the appointment of a duly
appointed candidate, stating his name and address, shall be
signed by the election agent and delivered to the returning
officer of the district in which the polling place is situate
not later than the 7th day before election day.
(3) There shall not be more than one duly
appointed candidate of the same list of candidates for any
one polling place.
(4) Nothing in this section shall preclude a
candidate being a duly appointed candidate for two or
more polling places whether or not in the same district.
68. At the hour specified in the notice of poll for the
opening of the poll the presiding officer, in the presence of
such persons, if any, (being persons entitled to enter the
polling place) as are present, shall—
(a) open the ballot box and ensure that
there are no ballot papers or other
papers therein and allow any
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Applicant to
vote to hand
identity paper
to poll clerk.
[Reg.30/1968
22 of 1997
15 of 2000]
authorised person present to make an
entry in the poll book attesting to this
fact;
(b) lock the ballot box, retain the key
thereof and place his seal upon the
ballot box in such manner as to
prevent it being opened without
breaking the seal;
(c) place the ballot box on a table in full
view of all present where it shall
remain until the poll is closed;
(d) call upon the electors to vote.
69. (1) Each applicant to vote shall, upon entering the
room where the poll is held, and after procuring his
identity paper if made available for his procurement at the
polling place in pursuance of section 43, state to the poll
clerk his name, address and occupation and hand to him—

(a) his identity paper; and
(b) if he has been appointed to vote as a
proxy on behalf of another elector, the
identity paper of that elector and his
notice of appointment to vote as
proxy; and
(c) if he claims to be entitled to vote at
the polling place by virtue of section
29(4) his certificate of employment.
(2) The poll clerk shall ascertain if the name of the
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Form 19.

Duty of
presiding
officer upon
application for
a ballot paper.
[Reg. 32/1964
16 of 1968
22 of 1997
applicant and that of any elector on whose behalf he holds
a notice of appointment to vote as a proxy appear on the
official list of electors, or part thereof, for the polling place
and shall further ascertain whether any notice of
appointment to vote as proxy is recorded in the copy of the
list of proxies.
(3) Where there is contained in the official list of
electors, or part thereof, a name or other particulars which
correspond so closely with the name or other particulars
entered on the identity paper of an applicant to vote as to
suggest that the entry in the official list or part thereof is
intended to refer to him, the applicant shall, upon taking an
oath of identity in Form 19, be deemed to be the person so
named in the official list or part thereof.
(4) Where an applicant to vote hands to the poll
clerk both his identity paper and his certificate of
employment, the poll clerk shall add his name to the official
list of electors or part thereof and shall make an
appropriate entry in the poll book.
(5) The poll clerk shall, after the foregoing
provisions of this section have been complied with, return
to the applicant to vote his identity paper together with
any other documents he has received from the applicant
and direct him to hand the same to the presiding officer
and apply to him for a ballot paper.
70. (1) Upon receipt of the identity paper and other
documents as directed under section 69(5) and upon
application made to him for a ballot paper the presiding
officer shall satisfy himself as to following—

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15 of 2000
12 of 2006]
(a) that the applicant has not already
voted;
(b) the identity of the applicant and his
entitlement to vote at the polling
place;
(c) the authority of the applicant to vote
as a proxy on behalf of another elector
(if he applies so to vote).
(2) For the purposes of subsection (1) the
presiding officer may –
(a) examine the applicant’s fingers to
ascertain if there appears on them
any stain of electoral ink;
(b) compare the signature of the
applicant with that on his identity
papers;
(c) compare any photograph on his
identity paper with his face;
(d) compare the thumb print or other
finger print recorded on his identity
paper with that of the applicant;
(e) [Repealed by Act No. 22/1997];
(f) examine his notice of appointment (if
any) to vote as a proxy on behalf
of another elector and compare
the particulars in the notice with those
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recorded in the copy of the list of
proxies;
(g) make such further comparisons as
are reasonably necessary between
the particulars recorded on his
identity paper and those of the
applicant;
(h) require the applicant to take an oath
of identity in Form pursuant to
section 69(3).
(3) An applicant shall—
(a) comply with any requirement of the
presiding officer made pursuant to
subsection (2)(h);
(b) comply with such requirements of the
presiding officer for the examination
of his fingers, the taking and
recording of his thumb or finger print,
of his signature and of his height as
are reasonably necessary for the
purposes of subsection (1);
(c) answer such questions as the
presiding officer may ask as are
reasonably necessary to ask for the
aforesaid purposes.
(4) References in subsection (2) to the identity of
any applicant shall be construed to include references to
his registration record if available pursuant to any
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Issue of ballot
paper to
elector.
[16 of 1968
Reg. 30/1968
22 of 1997
15 of 2000]
direction given under section 40(1)(i).
71. (1) The presiding officer shall refuse to issue a
ballot paper to any applicant therefor who does not hand to
him his identity paper and other documents as directed
under section 69(5) and he shall refuse to issue a ballot
paper to any applicant if he is not satisfied as required by
section 70(1); but if such identity paper and other
documents are handed to him and he is so satisfied he
shall—
(a) deliver to the elector a ballot paper
stamped with the official mark;
(b) enter on the counterfoil of the ballot
paper the serial number of the elector
on the official list of electors;
(c) add to his copy of the official list of
electors or part thereof the name of an
elector who has produced to him a
certificate of employment;
(d) place a mark on his copy of the
official list of electors, or part thereof,
to show that a ballot paper has been
delivered to the elector but without
showing the particular ballot paper
issued;
(e) return to the elector his identity
paper, and also if he has been
appointed to vote as proxy on behalf
of another elector the identity paper
of that elector unless any such
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Mode of voting.
[6 of 1997
15 of 2000]
identity paper has been provided at
the polling place in pursuance of
section 43.
(2) If the elector has been appointed to vote as a
proxy on behalf of another elector the presiding officer
shall—
(a) deliver to him, in addition to his own
ballot paper, a ballot paper for each
elector on whose behalf he has been
appointed to vote as a proxy and shall
enter on the counterfoil of such ballot
paper the number on the official list of
electors of the elector on behalf of
whom he has been appointed and
place a mark as prescribed by
subsection (l)(d) on his copy of the
official list of electors, or part thereof,
to show that a ballot paper has been
issued on behalf of each such elector;
(b) retain the notice of appointment to
vote as proxy of the elector.
72. (1) The presiding officer shall by demonstration
by the use of a specimen ballot paper ensure that the elector
understands how and where to place his mark (without
indicating that the elector should vote for any particular list
of candidates) and how to fold the ballot paper and shall
direct him to return with it when marked, folded as shown.
(2) The elector shall enter one of the polling
compartments and there record his vote by secretly
marking his ballot paper within the space opposite the
name and symbol of the list of candidates for whom he
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wishes to vote and shall then fold his ballot paper so as to
conceal the vote; and if he has been appointed to vote as a
proxy he shall record the vote of the elector on whose
behalf he has been so appointed, for the list of candidates
for whom that elector wishes to vote by secretly marking,
in the manner aforesaid, the ballot paper issued to him for
that elector and shall then similarly fold that ballot paper.
(3) The elector shall, having recorded his vote (and
if such be the case that of an elector for whom he has been
appointed a proxy), show the folded ballot paper (or
papers) to the presiding officer so as to disclose the
official mark appearing on the reverse thereof and shall
place it (or them) so folded in the ballot box in the
presence of the presiding officer:
Provided that the presiding officer shall not
permit any elector whether voting on his own behalf or as
a proxy on behalf of another elector to put a ballot paper in
the ballot box unless, immediately before he does so, one
of his fingers has been stained by immersion in a
container of electoral ink.
(4) Notwithstanding the proviso to subsection
(3), where the presiding officer is satisfied that an elector
is suffering from an injury to any finger of such a nature as
to render it undesirable for that finger to be stained with
electoral ink, he shall not require that finger to be stained
but shall stain another finger.
(5) If an elector fails or refuses to comply with
a lawful requirement of the presiding officer for the
staining of one of his fingers, the presiding officer shall
order him to return to him any ballot paper issued to him
and to leave the polling place forthwith; and the presiding
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Form 20.
officer shall destroy any ballot paper so returned and make
an entry in the poll book as to the facts of such failure or
refusal.
(6) An elector who refuses or fails to return a
ballot paper when so ordered under subsection (5) shall be
liable on summary conviction to a fine of thirty-two
thousand five hundred dollars or to imprisonment for six
months.
(7) An elector who has inadvertently dealt with a
ballot paper in such a manner that it cannot conveniently
be used as a valid ballot paper may, on delivering such
ballot paper to the presiding officer and after satisfying him
that it has been spoiled by inadvertence, obtain another
ballot paper in its place and the spoiled ballot paper and its
counterfoil shall be marked as cancelled.
(8) An elector shall not show the marks which he
has placed on his ballot paper to any person and if he does
so the ballot paper shall be treated as a spoiled ballot paper:
Provided that this subsection shall not apply if an
elector shows a ballot paper to a presiding officer solely for
the purpose of ascertaining if he has carried out his duties
correctly.
(9) An elector shall vote without delay and shall
leave the polling place as soon as he has put his ballot
paper and that of any person on whose behalf he has voted
as a proxy in the ballot box.
(10) Whenever in the opinion of the presiding
officer an elector does not understand the language spoken
to him he may appoint and swear, in Form 20, an
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Blind and
incapacitated
electors.
[22 of 1997
15 of 2000]
Form 21.
Form 21.
Form 22.

interpreter; and the interpreter, so sworn, shall be the
means of communication between the presiding officer
and the elector with regard to all matters required to enable
the elector to vote.
73. (1) The presiding officer shall, on the application
of any elector who is incapacitated by blindness or other
physical cause from voting in the manner prescribed by
section 72 and who takes an oath in Form 21, mark the
ballot paper of such elector in his presence and in the
manner directed by him.
(2) The presiding officer may, at the request of
any elector incapacitated in the manner prescribed in
subsection (1) and who has taken the oath in Form 21 and is
accompanied by a friend who has taken the oath in Form
22, permit such friend, if he is an elector entitled to vote at
the polling place, immediately after he has voted on his
own behalf, and notwithstanding that his finger has been
immersed in electoral ink, to accompany the elector into
the voting compartment and mark his ballot paper for him:
Provided that no person may mark the ballot
paper of more than one elector as his friend under this
subsection or mark such ballot paper unless he first takes
an oath in the form prescribed.
(3) Whenever the ballot paper of an elector has
been marked in accordance with this section, the poll clerk
shall enter in the poll book opposite the name of the elector
the fact that the ballot paper was so marked, the reason
therefor and, if marked by a friend, the name and the
number in the official list of electors of that friend.

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Tendered
ballot papers.
[16 of 1968
22 of 1997
15 of 2000]

Presiding
officer to accept
other
identification
in certain
circumstances.
[22 of 1997
74. (1) If an applicant to vote represents himself to be
an elector whose name appears on the official list of electors
or part thereof for a polling place and there has already
been placed a mark against the name of such elector on the
presiding officer’s copy of such list or part thereof, the
presiding officer shall issue to such applicant a tendered
ballot paper if—
(a) the applicant hands to him his
identity paper;
(b) the applicant takes an oath of
identity in the form prescribed; and
(c) the presiding officer is satisfied as to
the matters set out in section 70(1).
(2) A tendered ballot paper shall not be put in the
ballot box but shall be given to the presiding officer and
endorsed by him with the name of the elector and his
number in the official list of electors; and the tendered
ballot paper shall be set aside in a separate packet and shall
not be counted by the returning officer.
(3) The poll clerk shall enter in the poll book the
name of every elector to whom a tendered ballot paper is
given and a note of his having marked such a ballot paper.
74A. [74A repealed by Act No. 15 of 2000]
75. The presiding officer shall, in the event of his
needing to be satisfied of the identity of any elector whose
name is on the official list of electors accept in lieu of the
prescribed identity paper such other identification as is
authorised by the Commission and entailing the same
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15 of 2000]

Entries in poll
book.
Maintenance of
secrecy at polling
place.
[6 of 1997]
stringency for its generation as to leave no doubt as to its
authenticity as in the case of the identity paper and permit
an elector to vote in the same manner as if his identity
paper had been produced.
76. The poll clerk shall—
(a) make in the poll book such entries as
are required by this Act or directed by
the presiding officer;
(b) enter in the poll book the word
”SWORN opposite the name of each
elector to whom any oath is
administered and “REFUSED TO BE
SWORN” or “REFUSED TO
ANSWER” opposite the name of each
elector who has refused to take an
oath or who has refused to answer
any question when legally so
required.
77. (1) Every person specified in section 79(1)(b)
attending the polling place shall maintain and aid in
maintaining the secrecy of the voting and shall not,
except for a purpose authorised by law, communicate
to any person before the poll is closed any information as
to—
(a) the name of any elector who has or
has not applied for a ballot paper or
voted whether on his own behalf or as
a proxy on behalf of another elector;
(b) the number in the official list of
electors of any elector who, or whose
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proxy on his behalf, has or has not
applied for a ballot paper or voted;
(c) the official mark.
(2) No person shall—
(a) except in the performance of his duty
under this Act interfere with or
attempt to interfere with an elector
when casting his vote or, as a proxy,
that of another elector;
(b) obtain or attempt to obtain in a
polling place information as to the list
of candidates for whom an elector in
that polling place is about to vote or
has voted either on his own behalf or
as a proxy on behalf of another
elector;
(c) communicate at any time to any
person any information obtained in a
polling place as to the list of
candidates for whom an elector in
that polling place is about to vote or
has voted either on his own behalf or
as a proxy on behalf of another
elector;
(d) directly or indirectly induce an elector
to display his ballot paper or that of
another elector for whom he has
voted as a proxy after he has marked
it, so as to make known the list of
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Molestation
of electors.
[6 of 1997]

Obstruction.
[Reg. 13/1973
6 of 1997]
candidates for whom he has or has
not voted either on his own behalf or
on behalf of an elector for whom he
has voted as a proxy.
(3) No person having undertaken to assist an
elector incapacitated by blindness or other physical cause
to vote shall communicate at any time to any person any
information as to the list of candidates for whom that
elector intends to vote or has voted.
(4) Any person who contravenes any of the
provisions of this section shall be liable on summary
conviction to a fine of sixty-five thousand dollars and to
imprisonment for six months.
78. (1) No person shall anywhere within a distance of
two hundred yards of a polling place annoy, molest or
otherwise interfere with an elector or attempt to obtain any
information as to the list of candidates for whom any
elector in the polling place is about to vote or has voted
either on his own behalf or as a proxy on behalf of another
elector.
(2) Any person who contravenes any of the
provisions of this section shall be liable on summary
conviction to a fine of sixty-five thousand dollars and to
imprisonment for six months.
78A. (1) Any person who, without due authority,
obstructs, or otherwise interferes with—
(a) access to, or egress from, a polling
place;

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Preservation of
order.
Reg. 37/1964
[16 of 1968
O. 68/1980
12 of 1996
(b) the voting at an election by any
person registered as an elector;
(c) the conveyance of documents,
supplies and other material
pertaining to an election, including
ballot boxes and ballot papers;
(d) the counting of the votes cast at an
election; or
(e) an election officer in the exercise of
any function conferred upon him by
this Act,
shall be liable on summary conviction to a fine of sixty-five
thousand dollars together with imprisonment for a term of
one year and shall, in addition, be incapable during a
period of five years from the date of conviction—
(i) of being registered as an
elector; and
(ii) of being elected as a member
of the National Assembly.
(2) Section 128(2), as the same applies in relation to
a person convicted of an illegal practice, applies mutatis
mutandis in relation to a person convicted of an offence
under this section.
79. (1) The presiding officer may, for the purpose of
maintaining order at the polling place—
(a) regulate the admission of electors and
may, if he deems it advisable, direct
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15 of 2000
12 of 2006]
that not more than one elector for
each compartment shall at the same
time enter the room where the poll is
held;
(b) exclude all other persons except—
(i) members of the Commission;
(ii) election officers;
(iii) duly appointed candidates;
(iv) polling agents for the polling
place;
(v) members of the Police Force,
the Guyana Defence Force;
(vi) election agents;
(vii) assistant agents for the district
in which the polling place is
situate;
(c) issue such directions as may be
necessary for such purpose.
(2) If any person (whether entitled to enter or not)
misconducts himself at a polling place or fails to obey
any lawful direction, requirement or order of the
presiding officer, whether given or made under this or any
other section, he may immediately, by order of the
presiding officer, be removed therefrom by a member of
the Police Force or by any other person authorised in
writing by the presiding officer to remove him, and the
person so removed shall not, without the permission of
the presiding officer, again enter the polling place on
election day:
Provided that the powers conferred by this
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Closing of spirit
shops.
[6 of 1997]
c. 82:21

c. 83:26

Employers
to allow
employees
period for
subsection shall not be so exercised as to prevent an elector
entitled to vote at a polling place having an opportunity to
vote thereat.
(3) Any person removed from a polling place
under subsection (2) may, if charged with the commission
of an offence at or anywhere within a distance of two
hundred yards of the polling place, be dealt with as a
person taken into custody by a police officer for an offence
without warrant.
80. (1) All premises to which spirit shop licences, off
licences and railway station or stelling licences have
been issued under the Intoxicating Liquor Licensing
Act shall be closed and kept closed on election day.
(2) No intoxicating liquor shall be sold, offered for
sale, or given away at any premises to which a licence
issued under the Intoxicating Liquor Licensing Act applies,
at any time between the opening of and the closing of the
poll on election day.
(3) No intoxicating liquor shall be supplied to any
person at any premises to which a licence issued under the
Registration of Clubs Act applies at any time between the
opening of and the closing of the poll on election day.
(4) Any person who contravenes any of the
provisions of this section shall be liable on summary
conviction to a fine of sixty-five thousand dollars and to
imprisonment for six months.
81. (1) Every employer shall permit every elector in
his employ, other than any elector on whose behalf another
elector has been appointed to vote as a proxy, to be absent
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voting.

Penalty for
breach of section
81.
[6 of 1997]

Procedure on
closing of poll.
[30 of 1990
15 of 2000]
from his work on election day for a reasonable time, in
addition to the normal midday meal hour, for the purpose
of voting at the election; and no employer shall make
any deduction from pay or other remuneration of any such
elector or impose on him or exact from him any penalty by
reason of his absence during such period.
(2) Employees of the Transport and Harbours
Department shall be deemed to be employees for the
purposes of this section except such as are actually engaged
in running trains and vessels and to whom time cannot be
allowed without interfering with the running of the trains
and vessels; and the General Manager of the Transport and
Harbours Department shall be deemed to be the employer
of such employees.
82. Any employer who, directly or indirectly, refuses
or who by intimidation, undue influence or in any other
way interferes with the granting to any elector in his
employ of the period for voting prescribed by section 81,
shall on summary conviction be liable to a fine of thirty-
two thousand five hundred dollars or to imprisonment for
six months.
83. (1) The presiding officer, as soon as practicable
after the closing of the poll, in the presence of such of the
persons entitled under section 79(1) (b) to be present, as
attend shall—
(a) count the number of spoiled ballot
papers and tendered ballot papers, if
any, and place them in separate
special envelopes supplied for that
purpose, indicate thereon the
number of the spoiled ballot papers
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and tendered ballot papers and seal
the envelopes;
(b) count the used tendered ballot papers
without unfolding them and place
them back in the special envelope
supplied for that purpose, indicate
thereon the number of the used
tendered ballot papers and seal the
envelope;
(c) count the unused ballot papers and
tendered ballot papers, undetached
from the books of ballot papers
and tendered ballot papers, place
them with the counterfoils of all used
ballot papers and tendered ballot
papers in separate special envelopes
supplied for that purpose, indicate
thereon the number of unused ballot
papers and tendered ballot papers
and seal the envelopes;
(d) check the number of ballot papers and
tendered ballot papers supplied by
the returning officer against the
number of spoiled ballot papers and
tendered ballot papers, if any, the
number of unused ballot papers and
tendered ballot papers and the
number of destroyed ballot papers
and tendered ballot papers, as
recorded in the poll book, and the
number of electors who voted at the
polling place as reflected from the
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counterfoils of the ballot papers and
tendered ballot papers issued at the
polling place, in order to ascertain
that all ballot papers are accounted
for;
(e) record the number of ballot papers
and tendered ballot papers received
by the presiding officer, issued to
electors, unused, and spoiled, in the
ballot paper account and tendered
ballot paper account in Form 23;
(f) open the ballot box and empty its
contents upon a table;
(g) distribute tally sheets to the assistant
presiding officer, the poll clerk and
the duly appointed candidates and
polling agents present;
(h) count and record the number of ballot
papers that were in the ballot box;
(i) sort out the ballot papers on the basis
of lists for which the votes have been
cast; and
(j) count the number of votes
recorded for each list of candidates
on his tally sheet, giving full
opportunity for those present to
examine each ballot paper.
(2) Subject to the provisions of this section, section
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87 shall mutatis mutandis apply to the counting of votes
under subsection (1).
(3) In counting the votes the presiding officer shall,
wherever his decision on a ballot paper is questioned,
record the fact by writing the letter “Q” at the back of the
ballot paper and appending his initials.
(4) The decision of the presiding officer as to the
validity or otherwise of a ballot paper shall be final
subject to review by the returning officer.
(5) The presiding officer shall place the ballot
papers cast for each list of candidates and counted under
this section in a separate envelope, whether or not any such
ballot paper is a questioned ballot paper.
(6) All rejected ballot papers shall be placed in a
separate envelope by the presiding officer.
(7) The envelopes referred to in subsections (5) and
(6) shall be endorsed as to indicate their contents and shall
be sealed by the presiding officer and the number of any
questioned ballot papers and the total number of ballot
papers contained in the envelopes shall be indicated on
their outside.
(8) The presiding officer shall affix his seal to
the envelopes referred to in the preceding subsections and
shall invite such of the duly appointed candidates and the
polling agents as are present to do likewise.
(9) After the completion of the counting, the
presiding officer shall complete the ballot paper account
and tendered ballot paper account in Form 23, the
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Statement of Poll in Form 23A, and prepare and certify a
sufficient number of copies of the same for distribution as
follows—
(a) to the returning officer;
(b) to the assistant presiding officer;
(c) to such of the duly appointed
candidates or the polling agents as are
present;
(d) to the Chief Election Officer.
(9A) The statement of poll prepared in accordance
with subsection (9) shall be posted in a conspicuous place
outside the polling place as conclusive evidence of the
result of the election for that polling place unless there is a
recount of the votes.
(10) The presiding officer shall then—
(a) place the sealed envelope containing
the counted and rejected ballot papers
in the ballot box, and secure and seal,
with his seal and with the seals of
such of the duly appointed candidates
and polling agents as desire to affix
their seals, to the ballot box in such
manner that it cannot be opened and
that nothing can be inserted therein or
taken therefrom without breaking the
seals; and
(b) make up in separate packets, the
marked copies of the official list of
electors or part thereof, notices of
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Accompanying
ballot boxes.
[30 of 1990]
appointments to vote as proxy and
copies of the lists of proxies, the poll
book, the ballot paper account and
tendered ballot paper account and
such other election documents as may
be decided upon by the Commission,
and seal the packets with his seal and
with the seals of such of the duly
appointed candidates and polling
agents as are present and desire to
affix their seals; and
(c) deliver the sealed ballot box, the
sealed packets referred to in
paragraph (b), and together with an
envelope containing the key of the
ballot box and a Statement of the Poll
in Form 23A placed in one envelope
sealed in the manner referred to in
paragraph (b), to the returning officer
of the district in which the polling
place is situated.
(11) A presiding officer may in writing delegate all
or any of his functions under this section to a counting
assistant and where any function of a presiding officer is
delegated to a counting assistant, in respect of the
function so delegated references in the preceding
subsections to the presiding officer of a polling place shall
be deemed to be references to the counting assistant of the
same polling place.
83A. (1) Subject to the availability of space in the
conveyance carrying ballot boxes from polling places for
delivery to a returning officer, the polling agents or the
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Counting of
votes.
[Reg. 30/1968
31 of 1968
30 of 1990
3 of 1991
12 of 2006]
duly appointed candidates for the polling places, who are
desirous of accompanying the ballot boxes, may travel in
such conveyance:
Provided that where the conveyance carrying the
ballot boxes can accommodate only one or some of the
polling agents or duly appointed candidates for a polling
place, desirous of accompanying the ballot boxes from that
polling place, the polling agent or agents or duly appointed
candidate or candidates who shall accompany the ballot
boxes shall be determined by the majority of the polling
agents and duly appointed candidates for the polling place.
(2) Nothing in this section shall be deemed to affect
the right of any polling agent or duly appointed candidate
for a polling place to follow, in a separate conveyance, a
conveyance carrying ballot boxes from the polling place for
delivery to a returning officer.
PART IX
COUNTING OF VOTES POLLED
84. (1) As soon as practicable after the receipt of all
the ballot boxes and the envelopes and packets delivered to
him in pursuance of section 83(10), the Returning Officer
shall, in the presence of such of the persons entitled under
section 86(1) to be present as attend, ascertain the total
votes cast in favour of each list in the district by adding up
the votes recorded in favour of the list in accordance with
the Statements of Poll, and thereupon publicly declare
the votes recorded for each list of candidates.
(1A) (a) Where an election officer for a polling
district discovers a material error on
the Statement of Poll from a polling
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station for that polling district, he
shall inform the presiding officer for
that polling station forthwith, and the
presiding officer, if the Statement of
Poll has not yet been sent to the
Returning Officer, in the presence of
the persons who signed the original
Statement of Poll, shall prepare a
corrected Statement of Poll, signed by
himself and the original signatories
present and the corrected Statement
of Poll shall be sent to the Returning
Officer.
(b) Where the mistake is discovered
when the Statement of Poll is in the
possession of the Returning Officer,
the presiding officer shall be informed
of the mistake and the Returning
Officer shall summon the presiding
officer and the persons who signed
the original Statement of Poll, for the
purpose of effecting the necessary
correction to the Statement of Poll by
the presiding officer in the presence of
the other persons mentioned in this
paragraph, as attend.
(c) The presiding officer shall post the
corrected Statement of Poll next to the
original incorrect Statement of Poll at
his polling station and the Returning
Officer shall use the corrected
Statement of Poll in making the public
declaration under subsection (1).
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(2) Where before twelve noon of the day
following the declaration under subsection (1) any counting
agent for the district does not request the Returning Officer
to conduct a final count of the votes counted by the
presiding officers in the district under section 83, the
declaration of the votes obtained by the lists under
subsection (1) shall be final; but where any counting agent
for the district seeks a final count of the votes already
counted by the presiding officers in the district under
section 83, the Returning Officer shall count such votes in
accordance with the provisions contained in the following
subsections and section 87 and on the basis of such recount
confirm or vary the declaration of the votes recorded in the
district for each list of candidates under subsection (1).
(3) Where any counting agent for the district
requests a final count, he shall indicate whether he requests
a general count or a limited count, and in the latter case
shall specify the polling places in respect of which the final
count is to be conducted and the Returning Officer shall
conduct the count as requested.
(4) Where a limited final count is conducted, the
Returning Officer shall review only the decisions of the
presiding officers as regards questioned and rejected ballot
papers at the polling places specified in the request for the
final count, and in such a case all ballot papers marked “Q”
by the presiding officers of those polling places and all
ballot papers rejected by them shall be examined by the
Returning Officer.
(5) Where in a limited final count the Returning
Officer agrees with the decision of a presiding officer as
regards any questioned or rejected ballot paper, he shall
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write the word “confirmed” at the back of the ballot
paper, and where he disagrees with the decision of the
presiding officer as regards any such ballot paper, he shall
write the word “varied” at the back of the ballot paper.
(6) Where a general final count is conducted,
the Returning Officer shall review all used ballot
papers, including rejected ballot papers, received from all
polling places, and where he agrees with the decision of a
presiding officer as regards any questioned or rejected
ballot paper, he shall write the word “confirmed” at the
back of the ballot paper and where he disagrees with the
decision of any presiding officer as regards any such ballot
paper, he shall write the word “varied” at the back of the
ballot paper.
(7) Where a duly appointed candidate or any
counting agent for the district disagrees with the Returning
Officer as regards any ballot paper, the Returning Officer
shall write the letter “Q” on the back of the ballot paper.
(8) All ballot papers marked in any way by the
Returning Officer in a final count shall be marked with his
initials.
(9) All markings on a ballot paper by the Returning
Officer shall be made on the back of the ballot paper in ink
different in colour from that used by the presiding officer.
(10) At the conclusion of any final count, the
Returning Officer shall comply with section 89 in respect of
the polling places to which the final count related.
(11) On ascertaining the votes cast in the district
for each list of candidates in accordance with the preceding
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Candidates
appointed to
attend count.

Attendance at
count.
Reg. 37/1964
[16 of 1968
12 of 1996]
subsections, the returning officer shall communicate to the
Chief Election Officer, by the quickest available means, the
total number of valid votes cast in the district for each list
of candidates.
85. (1) The election agent of each group of candidates
may appoint one of the candidates, hereinafter in this Part
referred to as the “duly appointed candidate” to attend at
the counting of the votes in a district.
(2) Notice in writing of appointments made under
subsection (1), stating the names and addresses of the
candidates appointed shall be signed by the election agent
and delivered to the returning officer of the district not later
than the 7th day before election day.
(3) There shall not be more than one duly
appointed candidate of the same list of candidates for any
one district.
86. (1) No person shall be present at the counting
of the votes except—
(a) the returning officer and such other
election officers as he may appoint to
assist him in the counting;
(b) members of the Commission;

(c) duly appointed candidates;
(d) counting agents;
(e) such other persons as, in the opinion
of the returning officer, have good
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Method of
counting.
[30 of 1990]
reason to be present.
(2) The returning officer shall give the counting
agents all such reasonable facilities for overseeing the
proceedings and all such information with respect thereto
as he can give them consistent with the orderly conduct of
the proceedings and with the discharge of his duties in
connection therewith.
87. (1) Where a returning officer is required to have a
final count of the votes cast for all, or some, of the polling
places, he shall in the presence of such of the persons
entitled under section 86(1) to be present as attend—
(a) open each ballot box;
(b) take out the ballot papers;
(c) count and record the number of ballot
papers taken from each ballot box;
(d) [Repealed by Act No. 30 of 1990].
(e) count the votes recorded for each list
of candidates.
(2) In counting the votes the returning officer shall,
subject to subsection (3), reject as invalid and not count any
ballot paper—
(a) which does not bear the official mark;
(b) which has not been marked for any
list of candidates or is void for
uncertainty;
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(c) on which votes have been given for
more than one list of candidates;
(d) on which there is any writing or mark
by which the elector can be identified.
(3) A ballot paper on which the vote is marked—
(a) elsewhere than in the proper place;
(b) otherwise than by means of a cross;
(c) by more than one mark;
shall not be rejected solely by reason thereof if—
(i) an intention that the vote shall
be for one or other of the lists of
candidates clearly appears; and
(ii) the elector is neither identified
nor can be identified by the
manner in which the ballot
paper is marked.
(4) The returning officer shall endorse the word
“rejected” on any ballot paper which he may reject as
invalid and shall add to the endorsement the words
“rejection objected to” if any objection to his decision be
made by a duly appointed candidate or a counting agent
present during the counting.
(5) The decision of the returning officer as to any
question arising in respect of any ballot paper shall be final.

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Recounts.

Procedure
on
conclusion
of count.
[30 of 1990]
88. A duly appointed candidate, or counting agent
present when the counting or any recount of votes is
completed, may request the returning officer to have the
votes recounted or again recounted; but the returning
officer may refuse such request if in his opinion it is
unreasonable.
89.(1) Upon the conclusion of the final counting,
under section 84, of the votes the returning officer, in the
presence of such of the persons entitled under section 86(1)
to be present as attend, shall—
(a) seal in separate packets the counted
and rejected ballot papers;
(b) verify the ballot papers account given
by each presiding officer by
comparing it with—
(i) the number of ballot papers
recorded under section
87(1)(c);
(ii) the unused and spoiled
ballot papers in his
possession; and
(iii) the record of tendered votes
contained in the poll book;
(c) reseal the packets of unused and
spoiled ballot papers;
(d) prepare a written statement as to
the result of the verification of the
ballot papers account and on request
allow any counting agent present to
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Form 24.

Maintenance of
secrecy at count.
make a copy thereof;
(e) publicly declare the result of the final
counting;
(f) deliver to the Chief Election Officer a
return in writing in respect of the final
counting in Form 24 which shall set
out the number of—
(i) valid votes cast for each list
of candidates as aforesaid;
(ii) rejected ballot papers together
with, in each case, the reason
for rejection;
(iii) spoiled ballot papers delivered
to him;
(iv) tendered ballot papers;
(v) persons who appear to have
voted.
(2) The returning officer shall not open the sealed
packets containing tendered ballot papers, marked copies
of the official list of electors or part thereof or counterfoils
of used ballot papers.
(3) Any counting agent may copy the return made
under subsection (l)(f).
90. Every person attending at the counting of votes
shall maintain and shall not communicate any information
obtained at the count as to the list of candidates for which
any vote has been given.

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Persons who
may be present
at count.
[Reg. 25/1968
12 of 1996
15 of 2000]
PART X
COUNTING NON-RESIDENT ELECTOR’S VOTES
91. (1) No person, other than—
(a) the Chief Election Officer and such
staff appointed under section 7(d) as
he may designate to assist him in the
counting;
(b) members of the Commission;
(c) candidates appointed under sub-
section (2);
(d) election agents;
(e) such other persons as, in the
opinion of the Chief Election Officer,
have good reason to be present,
shall be present at the counting of the votes cast under Part
VII.
(2) The election agent of each group of candidates
may appoint one of the candidates for the purposes of
subsection (1)(c).
(3) Notice in writing of such appointment, stating
the name and address of the candidate, shall be signed by
the election agent and delivered to the Chief Election
Officer not later than the 7th day before election day.
(4) There shall not be more than one candidate
appointed from the same list of candidates for the said
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Method of
counting non-
resident
electors’ votes.
[Reg. 25/1968
O. 50/1980]
purposes.
(5) The Chief Election Officer shall give persons
present by virtue of subsection (l) (c) or (d) all such
reasonable facilities for overseeing the proceedings and all
such information with respect thereto as he can give
them consistent with the orderly conduct of the
proceedings and with the discharge of his duties in
connection therewith.
92. (1) The Chief Election Officer shall, as soon as
practicable after the discharge of his functions assigned by
Part VII with reference to election day, in the presence of
such of the persons entitled under section 91(1) to be
present as attend—
(a) open each ballot box used for the
purposes of that Part;
(b) take out the ballot papers;
(c) [deleted by O. 50/1980]
(d) mix together the ballot papers which
were contained in each ballot box;
(e) count and record the number of such
votes for each list of candidates as
were cast in each ballot box.
(2) The provisions of section 87(2), (3), (4) and (5)
shall, as they apply in relation to the counting of votes by a
returning officer, apply mutatis mutandis in relation to the
counting of votes under this section:

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Recounts of
non-resident
electors’ votes.

Procedure on
conclusion of
count of non-
resident
electors’ votes.
[16 of 1985]
Provided that subsection (4) aforesaid shall, in its
application by virtue of the foregoing provisions of this
subsection, have effect as if for the reference in that
subsection to a counting agent there had been substituted
reference to an election agent.
93. A candidate appointed under section 91 or an
election agent may, when the counting or recounting of the
votes cast in any ballot box is completed in conformity with
section 92(1)(e), request the Chief Election Officer to have
the votes recounted or again recounted; but the Chief
Election Officer may refuse such request if in his opinion it
is unreasonable.
94. (1) Upon the conclusion of the counting of the
votes under this Part the Chief Election Officer, in the
presence of such of the persons entitled under section 91(1)
to be present as attend, shall—
(a) seal in separate packets the counted
and rejected ballot papers;
(b) prepare a written statement as to
the result of the verification of the
non-resident electors’ ballot
papers accounts under section 63(3)
and on request allow any candidate
appointed under section 91 or
election agent present to make a copy
thereof;
(c) publicly declare the aggregate
number of valid votes cast under
section 62(1) for each list of
candidates;
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Delegation of
Chief Election
Officer’s functions
under this Part.


Ascertain-
ment of
election
results.
[16 of 1968
30 of 1990
15 of 2000
12 of 2006]
(d) record, in Form 25, the number of—
(i) valid votes cast as aforesaid
for each list of candidates;
(ii) rejected ballot papers together
with, in each case, the reason
for rejection;
(iii) persons who appear to have
voted under Part VII.
(2) Any candidate appointed as aforesaid or election
agent may copy the record made under subsection (l)(d).
95. The Chief Election Officer may delegate to any
overseas presiding officers deputed under section 65 his
functions, or any of them, under sections 92, 93 and 94, and
such officers shall, subject to any general or special
directions given by the Chief Election Officer, have and
exercise all the powers and perform all the duties,
delegated under this section to them, respectively.
PART XI
ASCERTAINMENT OF THE ELECTION RESULTS
96. (1) The Chief Election Officer shall, after
calculating the total number of valid votes of electors
which have been cast for each list of candidates, on the
basis of the votes counted and the information furnished
by returning officers under section 84 (11), ascertain the
result of the election in accordance with sections 97 and 98.
(2) The Chief Election Officer shall prepare a report
manually and in electronic form in terms of section 99 for
the benefit of the Commission, which shall be the basis for
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Allocation
of seats.
Reg. 6/1973
the Commission to declare and publish the election results
under section 99.
97. (1) The total number of votes cast for all the lists
of candidates shall be divided by fifty-three and the whole
number resulting from that division shall be known as “the
electoral quota”.
(2) The number of votes cast for any list shall be
divided by the electoral quota; there shall be allocated to
that list a number of seats equal to the whole number
resulting from that division; and the number of votes
represented by a fraction so resulting shall be known as
“surplus votes” of the list; and if the number of votes cast
in accordance with this Act for any list is less than the
electoral quota, those votes shall accordingly be treated
as surplus votes of that list.
(3) Any seat or seats remaining unallocated
after seats have been allocated in accordance with
subsection (2) shall be allocated as follows—
(a) one seat shall be allocated to the list
with the largest number of surplus
votes;
(b) if the number of seats so remaining is
two or more, one seat shall be
allocated to the list with the next
largest number of surplus votes, and
so on until all the seats so remaining
have been allocated;
(c) for the purposes of this paragraph,
where two or more lists have equal
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Membership of
National
Assembly.
[16 of 1968
O. 50/1980
O. 80/1980]
numbers of surplus votes, then lots
shall be drawn by the Chairman of the
Commission in the presence of the
representatives of the lists affected to
determine which list or lists shall be
deemed to have more surplus votes
than the other list or lists.
(4) For the purposes of the foregoing provisions of
this section a combination of lists shall be treated as one list.
(5) The seats allocated to a combination of lists
shall be allocated among the lists comprised in the
combination in accordance with subsections (2) and (3), the
electoral quota for that purpose being the whole number
found by dividing the total number of votes cast for the
combination of lists by the number of seats allocated to the
combination.
98. When seats have, in pursuance of section 97, been
allocated to any list of candidates—
(a) the representative of the list; or
(b) if the representative is unwilling or
unable (by reason of absence, illness
or any other cause when he is called
upon by the Chief Election Officer) so
to do, the deputy representative of
such list; or
(c) in case of any such unwillingness or
inability on the part of the deputy
representative, a majority of the
persons named in that list may
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Publication
of election
results.
[12 of 2006]
designate in writing any such person
able and willing (when called upon as
aforesaid) so to do, who,
shall extract from the said list as many names belonging to
candidates selected by him for the purpose, including his
own name, if he has not been declared elected as President
under article 177 of the Constitution, as can be so extracted
without their number exceeding the number of seats
allocated to that list; and the Chief Election Officer shall
declare such names, in the order of their extraction as
aforesaid, to be the names of the candidates on such list
who have been elected.
99. As soon as practicable, but not later than fifteen
days after election days the Commission shall publicly
declare the results of the election and shall cause to be
published in the Gazette a notification thereof, specifying—
(a) the number of votes cast for each list
of candidates;
(b) the number of rejected ballot papers;
(c) the number of seats allocated to each
list of candidates; and
(d) the names of the persons who, as
a result of the election, have become
members of the National Assembly;
and, as respects a combination of lists, such notification
shall be so arranged as to give the particulars required by
paragraphs (a), (c) and (d) with reference to both the
combination and each list comprised therein.
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Filling of casual
vacancies in the
case of members
elected under
article 60(2) of the
Constitution.
[O. 50/1980]

Certificates of
election.
99A.(1) If the seat of a member of the National
Assembly who was elected pursuant to article 60(2) of the
Constitution is vacant for any cause other than a
dissolution of Parliament, the vacancy shall be filled by the
person who is not such an elected member of the Assembly
but is qualified for election as, and willing to become, such
a member and whose name is taken from the relevant list
of candidates by way of further extraction therefrom in
accordance with the provisions of section 98 by the
representative or deputy representative of such list or a
person designated by a majority of persons named in such
list, as the case may be, as shall be called upon so to do by
the Speaker, following as nearly as may be the like method
as was observed at the preceding election of members
under article 60(2) of the Constitution, the name of every
person who became an elected member of the Assembly at
that preceding election, or has since become such a
member, being ineligible for extraction under the
foregoing provisions of this subsection; and if there is no
person whose name is eligible therefor the seat shall remain
vacant until it is filled consequent upon an ensuing election
under article 60(2) aforesaid.
(2) In subsection (1) “the relevant list of
candidates” means the list in which was included the name
of the member of the Assembly vacating his seat or, where
the vacancy exists because a person is held in proceedings
under article 163 of the Constitution not to have been
qualified to be elected as such a member, the name of that
person.
100. The Commission shall furnish each of the persons
who have become members of the National Assembly with
a certificate that he has been so elected.
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Election Report.
[16 of 1968]
c. 19:08

Custody of
election
documents.
[16 of 1968
Reg. 25/1968
O. 50/1980]
30 of 1990
15 of 2000]

c. 1:01
101. The Chief Election Officer shall as soon as
practicable after the election cause to be prepared and
printed a general report on the election including the
particulars specified in section 110 and the total number of
electors registered under the National Registration Act.
102. (1) The returning officer of each district shall,
as soon as practicable after making the return required by
section 89 (1)(f) make up in one parcel the packets he has
received in pursuance of section 83(10)(b) and the other
papers used at the polling places and in his possession
and shall seal the parcel so that it cannot be opened without
breaking the seals and deliver it to the Chief Election
Officer.

(2) The Chief Election Officer shall keep all parcels
received in pursuance of subsection (1) in safe custody and,
subject to the provisions of this Act and any law made
under article 163 of the Constitution, allow no person to
have access thereto.

(3) The returning officer of each district shall,
as soon as practicable after delivering the election
documents, in accordance with subsection (1), cause the
ballot boxes used at the election, together with their locks
and keys, to be deposited in the custody of the
Commission.
(4) The Chief Election Officer shall, as soon as
practicable after the discharge of his functions under Part X,
cause the ballot boxes used for the purposes of Part VII,
together with their locks and keys, to be deposited in the
custody of the Commission.

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Making of
contracts
through
election agents.

Payment of
expenses.
[16 of 1968
24 of 1990]
(5) Subject to the requirements of section 63(2)
and (3), the provisions of section 102(2) shall, as they apply
to the parcels mentioned therein, apply to every packet
delivered to, or made up by, the Chief Election Officer
pursuant to section 57(1)(b), (c), (d) or (e), or made up
under section 94(1)(a), and to everything not dealt with
under section 63(1)(e) or (f) by reason of its having been
returned or delivered to the Chief Election Officer after
election day.
PART XII
ELECTION EXPENSES
103. (1) The election agent of a group of candidates
shall appoint every clerk and messenger employed for
payment on behalf of the group at the election and shall
hire every committee room hired on behalf of the group.
(2) A contract whereby any expenses are incurred
on account of or in respect of the conduct or the
management of the election shall not be enforceable against
a candidate unless made by the candidate or by the election
agent of the group to which the candidate belongs:
Provided that the inability under this Act to
enforce such contract against a candidate shall not
relieve such candidate from the consequences of any
corrupt or illegal practices committed by the election
agent or assistant agent of his group with the consent
or connivance of such candidate.
104. (1) Except as permitted by this section or in
pursuance of section 111, no payment and no advance or
deposit shall be made by a candidate or by any other
person at any time in respect of election expenses
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Petty and overseas
expenditure.
[16 of 1968]
otherwise than by or through the election agent of the
group of candidates to which the candidate belongs.
(2) A candidate may pay personal expenses
incurred by him on account of or in connection with or
incidental to the election to an amount not exceeding
twenty-five thousand dollars; and such candidate shall
send to the election agent of his group of candidates not
later than the 14th day after the declaration of the results of
the election under section 99 a written statement of
personal expenses so paid.
(3) Any personal expenses in excess of twenty-five
thousand dollars incurred by a candidate shall be paid by
the election agent.
(4) If a candidate pays personal expenses in excess
of the sum specified in subsection (2) he shall be guilty of
an illegal practice.
105.(1) A person authorised in that behalf by an
election agent may pay any necessary expenses for
stationery, postage, telegrams and other petty expenses,
or may pay any expenses incurred outside Guyana on
account of or in respect of the conduct or the management
of the election, to a total amount not exceeding that named
in the authority; and such person shall send to the election
agent not later than the 14th day after the declaration of the
results of the election under section 99 a written statement
of the payments so made together with particulars thereof.
(2) Any petty expenses incurred in excess of the
amount named in the authority of the election agent shall
be paid by the election agent.

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Maximum
expenses.
[Reg. 32/1964
16 of 1968
24 of 1990]

c. 19:08
106. (1) No expense shall be incurred by or on behalf
of a group of candidates and no payment shall be made
on their behalf whether before, during or after the
election, on account of or in respect of the conduct and
management of the election—
(a) in excess of the sum of fifty thousand
dollars multiplied by the number of
candidates not exceeding 53 on the list
of candidates;
(b) for purposes other than the following—
(i) the expenses of printing,
advertising, publishing, issuing
and distributing addresses and
notices;
(ii) the expense of stationery,
messages, postages and
telegrams;
(iii) the expense of holding public
meetings and holding outside
Guyana meetings open to
electors generally;
(iv) the expenses of committee
rooms, no more than one such
room being situated in each
district within the meaning of
the National Registration Act;
(v) expenses permitted under
section 118;
(vi) the personal expenses of
candidates.
(2) In determining the total expenditure incurred
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Remuneration of
election agent.

Election
expenses return
and
declarations.
[24 of 1990]
Form 26.
by a group of candidates no regard shall be had to amounts
paid by candidates under section 104(2).
(3) If an election agent incurs or pays election
expenses in excess of the sum specified in subsection (1), or
for purposes other than those therein specified, he shall be
guilty of an illegal practice.
(4) If a candidate pays any election expenses except
his personal expenses otherwise than by or through the
election agent of his group of candidates or in pursuance of
section 111 he shall be guilty of an illegal practice.
107. So far as circumstances permit, this Part shall
apply to a claim for his remuneration by an election agent
and to the payment thereof in like manner as if he were any
other creditor; and, if there is any dispute as to the amount
due, such claim shall be a disputed claim within the
meaning of this Part and dealt with accordingly.
108. (1) Not later than the 35th day after the
declaration of the results of the election under section 99
the election agent of each group of candidates shall forward
to the Chief Election Officer a return which shall be in Form
26 and shall contain statements of—
(a) all payments made by the election
agent;
(b) the amount of personal expenses
paid by each of the candidates;
(c) all disputed claims of which the
election agent is aware;

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Form 27.

(d) all unpaid claims of which the election
agent is aware in respect of which
application has been or is about to be
made to the High Court;
(e) all money, securities and equivalent
of money received by the election
agent from the candidates or any
other person for the purposes of
expenses incurred or to be incurred
on account of or in respect of the
conduct or management of the
election and the name of every
person from whom such money,
securities and equivalent of money
were received;
(f) any duly authorised expenses
incurred for any purpose referred to
in section 114(1).
(2) Every payment made by an election agent, in
respect of any expenses incurred on account of or in
respect of the conduct or management of the election
shall except where less than one hundred dollars be
vouched for by a receipt or by a bill stating the particulars;
and all such bills and receipts shall be sent to the Chief
Election Officer with the election expenses return.
(3) The election expenses return shall be
accompanied by a declaration by the election agent as to
election expenses, in Form 27 and each candidate shall
make and transmit, or cause to be transmitted, to the Chief
Election Officer not later than the 35th day after the
declaration of the results of the election under section 99, a
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Form 28.

Publication
of summary
of election
expenses
return.
[24 of 1990
6 of 1997]
declaration as to election expenses in Form 28.
(4) Where, after the election expenses return
has been forwarded to the Chief Election Officer, leave is
given by the High Court for any claim to be paid, the
election agent shall, within seven days of the payment of
such claims, forward to the Chief Election Officer a return
of the sums paid together with a copy of the order of the
court.
(5) If without an authorised excuse a candidate or
an election agent fails to comply with any requirement
imposed on him by this section, he shall be guilty of an
illegal practice.
109. (1) The Chief Election Officer shall, as soon as
may be after the receipt of each election expenses return,
cause to be published in the Gazette a summary thereof,
accompanied by a notice of the time and place at which
the election expenses return and accompanying
documents and the election expenses declarations can be
inspected.
(2) Election expenses returns and accompanying
documents and election expenses declarations shall at all
reasonable times during a period of two years after their
receipt be open to inspection at the office of the Chief
Election Officer by any person on payment of a fee of
fifteen dollars; and the Chief Election Officer shall on
demand furnish copies thereof or of part thereof on
payment of a fee of fifteen dollars for every one hundred
and twenty words or part of one hundred and twenty
words.
(3) After the expiration of two years the Chief
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Authorised
excuse for
failure to
submit return
and
declarations.
[6 of 1997]
Election Officer may cause the election expenses return and
accompanying documents and the election expenses
declarations to be destroyed unless any election agent
requires them to be sent to him.

110. (1) Where the election expenses return or
any expenses declaration has not been submitted as
required by section 120, or having been submitted contains
an error or a false statement, then—
(a) if any candidate applies to the High
Court, and shows that his failure to
submit an election expenses
declaration or any part thereof, or any
error or false statement therein has
arisen by reason of his illness, or of
the absence, death, illness or
misconduct of another candidate or of
the election agent or of an assistant
agent or of any clerk or officer
employed by the election agent, or
by reason of inadvertence or of any
reasonable cause of a like nature, and
not by reason of any want of good
faith on the part of the applicant; or
(b) if an election agent applies to the
High Court and shows that his
failure to submit the return and his
declaration, or either of them, or any
part thereof, or any error or false
statement therein, has arisen by
reason of his illness, or by reason of
the absence, death, illness or
misconduct of a candidate or of a
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former election agent of the group or
of an assistant agent or of any clerk
or officer employed by the election
agent, or by reason of inadvertence
or of any reasonable cause of a like
nature, and not by reason of any want
of good faith on the part of the
applicant;
the court may, on being satisfied that notice of the
application has been published in two newspapers
circulating in Guyana, and on production of such evidence
of the grounds stated in the application, and of the good
faith of the application, and otherwise, as to the court
seems fit, make an order allowing an authorised excuse for
the failure to submit the return or any declaration as the
case may be or for any error or a false statement therein, as
to the court seems just.
(2) Where it appears to the court that any person
being or having been a candidate, an election agent or
assistant agent has refused or failed to make such return or
declaration or supply such particulars as to enable any
candidate or an election agent to comply with any
requirement imposed on him by section 120, the court,
before making an order allowing an authorised excuse,
shall order such person to attend before the court; and, on
his attendance shall, unless he shows cause to the contrary,
order him to make and deliver such return or declaration or
supply such particulars within such time and to such
person and in such manner as to the court seems just, or
may order him to be examined with respect to such
particulars, and may, in default of compliance with any
such order, order him to pay a fine of thirty-two thousand
five hundred dollars.
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Period of claims
for payment of
election expenses.
[16 of 1968]
(3) An order allowing an authorised excuse
may be made conditional upon the making of the
election expenses return or any election expenses
declaration or upon the making of them in a modified form
or within an extended time and upon the compliance with
such other terms as to the court seem best calculated for
carrying into effect the objects of these regulations; and an
order allowing an authorised excuse shall relieve the
applicant for the order from any liability or consequences
under this Act in respect of the matter excused by the
order.
(4) The date of the order allowing an authorised
excuse, or if conditions and terms are to be complied with,
the date on which the applicant for the order fully complies
with them, is in this Act referred to as the date of the
allowance of the excuse.
111. (1) Every claim against any candidate or against
an election agent in respect of any expenses incurred on
account of or in respect of the conduct or management of
an election shall be sent to the election agent not later than
the 14th day after the publication under section 99 of the
results of the election.
(2) Any such claim as is specified in subsection (1)
which is not sent to the election agent within the time
therein prescribed shall be barred and not paid.
(3) An election agent who pays a claim in
contravention of subsection (2) shall be guilty of an illegal
practice.
(4) All expenses incurred on account of or in
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respect of the conduct or management of the election shall
be paid not later than the 28th day after the publication
under section 99 of the results of the election.
(5) An election agent who makes a payment in
contravention of subsection (4) shall be guilty of an illegal
practice.
(6) If an election agent disputes any claim received
by him within the time limited by subsection (1) or if he
refuses or fails to pay such claim within the period
mentioned in subsection (4), such claim shall be deemed to
be a disputed claim.
(7) A claimant may, if he thinks fit, bring an action
for a disputed claim in any competent court; and anything
paid by a candidate or by an election agent in pursuance of
the judgment or order of the court shall be deemed to be
paid within the time limited by subsection (1) and to be an
exception from the provisions of this Act requiring claims
to be paid by the election agent.
(8) The High Court may, on application by the
claimant or by a candidate or by an election agent and on
cause shown to its satisfaction, by order give leave for the
payment by a candidate or by an election agent of a
disputed claim or for a claim in respect of expenses
incurred on account of or in respect of the conduct or
management of an election, notwithstanding that such
claim was sent after the time limit prescribed by subsection
(1), and notwithstanding the sending of such claim to a
candidate and not to the election agent.
(9) Any sum specified in any order of the court
made under subsection (8) may be paid by a candidate or
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Exemption
of act done
in good
faith from
being an
illegal
practice.
[16 of 1968]
by an election agent and when paid in pursuance of such
order shall be deemed to be paid within the time limited by
subsection (1).
112. Where, on application made, it is shown to the
High Court by such evidence as to the court seems
sufficient that—
(a) any act or omission of any
candidate or of any election agent or
of any other agent or person, would,
by reason of being a payment,
contract, engagement, employment
or hiring, or the incurring of an
expense in excess of the maximum
allowed, in contravention of any of
the provisions of this Act pertaining
thereto, be but for this section an
illegal practice, payment, employment
or hiring; and
(b) such act or omission arose from
inadvertence or from accidental
miscalculation or from some other
reasonable cause of a like nature, and
in any case did not arise from any
want of good faith; and
(c) notice of the application has been
published in two newspapers
circulating in Guyana,
and in the circumstances it seems to the court to be just
that such candidate, election agent and other agent or
person, or certain of them should not be subject to any of
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Saving for
creditors.

Prohibition
of expenses
not
authorised
by election
agent.
[16 of 1968
24 of 1990]
the consequences under this Act of the act or omission the
court may make an order allowing such act or omission
to be an exception from the provisions of this Act which
would otherwise make the same an illegal practice,
payment, employment, hiring or an incurring of an
expense in excess of the maximum allowed, and such
candidate, election agent or other agent or person as the
court may specify in its order shall not be subject to any of
the consequences under this Act of the act or omission.
113. The provisions of this Act prohibiting certain
payments and contracts for payments, and the payment of
any sum and the incurring of any expense in excess of the
prescribed maximum, shall not affect the rights of any
creditor who when the contract was made or the expense
incurred was ignorant that such contract, payment or
expense was in contravention of this Act.
114. (1) No expenses shall, with a view to promoting
or procuring the election of a group of candidates, be
incurred by any person other than the election agent of the
group or by a person authorised in writing by him on
account of—
(a) holding any meetings mentioned in
section 106(1)(b)(iii) or organising—
(i) any public display; or
(ii) any display, outside Guyana,
open to electors generally;
(b) issuing advertisements, circulars or
publications;
(c) otherwise presenting to the electors
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the candidates of the group or any of
them or their views or the extent or
nature of their backing or of
disparaging the candidates of another
group or any of them:
Provided that paragraph (c) shall not—
(i) restrict the publication of any
matter relating to the election in
a newspaper or other
periodical; or
(ii) apply to any expenses not
exceeding in the aggregate the
sum of one hundred dollars
which may be incurred by an
individual and are not
incurred in pursuance of a
plan suggested by or
concerted with others, or to
expenses incurred by any
person travelling or in living
away from home or similar
personal expenses.
(2) Any person other than an election agent or
a person authorised in that behalf in writing by him
who incurs expenses prohibited by subsection (l) shall be
guilty of a corrupt practice.
(3) Any expenses incurred on account of any
purpose referred to in subsection (1) and duly authorised
by the election agent shall be returned as part of the
election expenses of the group of candidates.

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False election
expenses
declarations.
[16 of 1968]


Providing
money for
illegal
purposes.

Corrupt
withdrawal
of
candidate.

Prohibition of
certain forms of
employment.
[16 of 1968]
115. Any candidate or election agent who makes
an election expenses declaration containing any statement
false in fact, which he knows or believes to be false or does
not believe to be true, shall be guilty of a corrupt practice.
PART XIII
ILLEGAL PAYMENT EMPLOYMENT HIRING
116. Any person who knowingly provides money—
(a) for any payment which is contrary to
this Act;
(b) for any expenses in excess of the
maximum allowed by this Act;
(c) to replace any money expended in
any such payment or expenses,
shall be guilty of illegal payment.
117. Any person who corruptly induces or procures
any other person to withdraw from being a candidate at an
election, in consideration of any payment or promise of
payment shall be guilty of illegal payment; and any
person withdrawing in pursuance of such inducement
or procurement, shall also be guilty of illegal payment.
118. (1) No person shall, for the purpose of promoting
or procuring the election of a group of candidates at an
election be engaged or employed for payment or promise
of payment for any purpose or in any capacity whatsoever,
except for the following—
(a) one election agent;
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Illegal hiring of
transport for
electors.
(b) one assistant agent for each district;
(c) one polling agent in each polling
place;
(d) one counting agent for each district;
(e) two clerks and two messengers for
each committee room;
(f) persons to exercise outside Guyana
such authority mentioned in section
105 or 114 as may be conferred upon
them, respectively.
(2) If any person is engaged or employed in
contravention of this section the person engaging or
employing him shall be guilty of illegal employment; and
the person so engaged or employed shall also be guilty of
illegal employment if he knew that he was so engaged or
employed contrary to law.
119. (1) No person shall let, lend or employ for the
purposes of the conveyance of electors to or from the poll,
any public stage or hackney carriage, or any horse or other
animal kept or used for drawing the same, or any carriage,
horse or other animal which he keeps or uses for the
purpose of letting out for hire; and any person who
contravenes this subsection knowing the purpose of the
letting, lending or hiring shall be guilty of illegal hiring.
(2) No person shall hire, borrow or use for the
purpose of the conveyance of electors to or from the poll
any carriage, horse or other animal which he knows the
owner thereof is prohibited by subsection (1) from letting,
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Use of
certain
premises as
committee
room
prohibited.
lending or employing; and any person who contravenes
this subsection shall be guilty of illegal hiring.
(3) Nothing in this section or in section 122
shall prevent a carriage, horse or other animal being let to
or hired, employed or used by an elector or several electors
at his own or their own joint cost, for the purpose of being
conveyed to or from the poll.
120. (1) No person shall let, hire or use as a committee
room for the purpose of promoting or procuring the
election of a group of candidates at an election any of the
following premises—
(a) any premises wherein the sale by
wholesale or retail of any intoxicating
liquor is authorised by any licence,
whether such licence authorises the
sale for consumption on or off the
premises;
(b) any premises where any intoxicating
liquor is sold or supplied to members
of a club, society or association other
than a permanent political club;
(c) any premises wherein refreshment
of any kind, whether food or drink,
is ordinarily sold for consumption in
the premises.
(2) Any person who hires or uses premises in
contravention of subsection (1) shall be guilty of illegal
hiring and any person who lets or permits to be used such
premises or part thereof shall also, if he knew it was
intended to use such premises or part thereof as a
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Penalty for
illegal
payment,
employment or
hiring.
[16 of 1968
6 of 1997]

Certain
expenditure
to be illegal
practice.
committee room, be guilty of illegal hiring.
(3) Nothing in this section shall apply to any part
of premises described in subsection (1) which is ordinarily
let for the purpose of chambers or offices or the holding of
public meetings or arbitrations if such part has a separate
entrance and no direct communication with any part of the
premises on which intoxicating liquor or refreshment is
sold or supplied.
121. Any person guilty of an offence of illegal
payment, employment or hiring shall be liable on summary
conviction to a fine of thirty-two thousand five hundred
dollars or, if the offence be not triable summarily by reason
of anything comprehended therein having been done,
omitted or situated anywhere beyond the limits of
summary jurisdiction exercisable in Guyana, he shall,
unless it is proved that he was not a citizen of Guyana at
the time of the offence, be liable upon conviction on
indictment in Guyana to a fine of sixty-five thousand
dollars or to imprisonment for one year and any candidate
or election agent who is guilty of such an offence shall be
guilty of an illegal practice.
PART XIV
ILLEGAL PRACTICES
122. (1) No payment or contract shall, for the purpose
of promoting the election of a group of candidates at an
election, be made—
(a) on account of the conveyance of
electors to or from the poll, whether
for the hiring of horses or
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Disorderly
behaviour
at election
meeting.

False statements
concerning
candidates.
carriages or for railway fares, water
or air transport fares or otherwise; or
(b) to an elector on account of the use of
any house, land, building or premises
for the exhibition of any address, bill
or notice, or on account of the
exhibition of any address, bill or
notice:
Provided that where it is the ordinary business of
an elector as an advertising agent to exhibit for payment
bills and advertisements, a payment to or contract with
such elector, if made in the ordinary course of business,
shall not be deemed to be an illegal practice within the
meaning of this section.
(2) If payment or contract for payment is
knowingly made in contravention of this section either
before, during or after an election, the person making such
payment or contract for payment shall be guilty of an
illegal practice; and any person receiving such payment, or
being a party to any such contract, knowing it to be in
contravention of this section, shall also be guilty of an
illegal practice.
123. Every person who, at a lawful political
meeting held before election day, acts or incites any other
person to act in a disorderly manner for the purpose of
preventing the transaction of the business for which the
meeting was called together shall be guilty of an illegal
practice.
124. (1) Any person who, before or during an election,
shall, for the purpose of affecting the return of any group
of candidates, make or publish any false statement of fact
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Election
publications.
[16 of 1968
6 of 1997]
in relation to the personal character or conduct of the
candidates of that group or any of them shall, subject to
subsection (2), be guilty of an illegal practice.
(2) No person shall be deemed to be guilty of
illegal practice under this section if he can show that he
had reasonable grounds for believing, and did believe, the
statement made by him to be true.
(3) A person making or publishing a false
statement of fact in contravention of subsection (1) may
be restrained by interim or perpetual injunction by the
High Court from any repetition of that false statement or of
a false statement of a similar character in relation to the
candidate, and, for the purposes of granting an interim
injunction, prima facie proof of the falsity of the statement
shall be sufficient.
125. (1) No person shall—
(a) print or publish, or cause to be
printed or published, any bill, placard
or poster having reference to an
election or any printed document
distributed for the purpose of
promoting or procuring the election
of a group of candidates;
(b) post or cause to be posted any such
bill, placard or poster as specified in
paragraph (a);
(c) distribute or cause to be distributed
any printed document for the purpose
specified in paragraph (a),
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Miscellaneous
illegal practices.
[22 of 1997
15 of 2000]
unless the bill, placard, poster or document bears upon the
face thereof the names and addresses of the printer and
publisher.
(2) For the purposes of this section, any process for
multiplying copies of a document, other than copying it by
hand, shall be deemed to be printing and the word
“printer” shall be construed accordingly.
(3) Any candidate, or any election agent who
contravenes this section shall be guilty of an illegal
practice; and any other person who contravenes this section
shall be liable on summary conviction to a fine of thirty-
two thousand five hundred dollars, or if the offence be not
triable summarily by reason of anything comprehended
therein having been done, omitted or situated anywhere
beyond the limits of summary jurisdiction exercisable in
Guyana, he shall, unless it is proved that he was not a
citizen of Guyana at the time of the offence, be liable
upon conviction on indictment in Guyana to a fine of
sixty-five thousand dollars or to imprisonment for one
year.
126. Any person who—
(a) votes either on his own behalf or as a
proxy on behalf of another person or
procures any person to vote either on
his own behalf or as a proxy on behalf
of another person, at an election,
knowing that he or such other
person is not an elector;
(b) applies for the appointment of a
person to vote on his behalf at an
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election as a proxy knowing that he or
the person for whose appointment he
applies is not an elector or who in
such application makes a false
statement as to his entitlement to vote
by proxy;
(c) before or during an election
knowingly publishes a false statement
of the withdrawal of a list of
candidates or of any of the candidates
named therein for the purpose of
promoting or procuring the election
of the candidates named in another
list;
(d) hands to a poll clerk or a presiding
officer—
(i) a forged identity paper; or
(ii) save as permitted by these
regulations the identity paper
of some other person; or
(iii) a forged notice of appointment
to vote as a proxy on behalf of
some other person;
(e) for the purpose of affecting the
return of a list of candidates causes
any person to cast an invalid vote;

(f) conspires with persons known or
unknown to deprive a qualified
person of the right to be registered or
to cause a person not qualified to
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Plural voting to
be illegal practice.
[16 of 1968
Reg. 21/1968
6/1973]
register as a voter;
(g) except as otherwise provided in
section 29, with intent to vote enters,
or who votes in, a polling division
other than the polling division where
he is registered,
shall be guilty of an illegal practice.
127. Any person who—
(a) votes on his own behalf more than
once; or
(b) votes in person on his own behalf
when there is in force an appointment
of another person to vote as a proxy
on his behalf; or
(c) applies for a person to be appointed
as a proxy to vote on his behalf
without applying for the
cancellation of an existing
appointment of some other person to
vote as a proxy on his behalf or
without withdrawing a pending
application for such appointment; or
(d) votes as a proxy more than once on
behalf of the same elector; or
(e) votes as a proxy on behalf of more
than two electors,

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Penalty for illegal
practice.
[16 of 1968
6 of 1997]
shall be guilty of an illegal practice.
128. (1) Any person guilty of an illegal practice—
(a) shall, on summary conviction, be
liable to a fine of thirty-two thousand
five hundred dollars and to
imprisonment for six months or, if the
offence be not triable summarily by
reason of anything comprehended
therein having been done, omitted or
situated anywhere beyond the limits
of summary jurisdiction exercisable
in Guyana, he shall, unless having
been neither a candidate nor an
election agent at the time of the
offence he is proved not to have been
a citizen of Guyana at that time, be
liable on conviction on indictment in
Guyana to a fine of sixty-five
thousand dollars or to imprisonment
for one year; and

(b) subject to subsection (2), shall be
incapable during a period of five
years from the date of his conviction,
whether summarily or on indictment,
of being registered as an elector.
(2) In the case of any conviction of an illegal
practice the court may, if it deems it just in the special
circumstances of the case mitigate or entirely remit any
incapacity imposed by this section.

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Treating.

Undue influence.
PART XV
CORRUPT PRACTICES
129. The following persons shall be deemed guilty
of the corrupt practice of treating—
(a) every person who corruptly, by
himself or by any other person, either
before, during or after an election,
directly or indirectly, gives or
provides or pays wholly or in part
the expense of giving or providing
any food, drink, entertainment or
provision to or for any person for the
purpose of corruptly influencing that
person, or any other person, to vote or
to refrain from voting, at the election,
or on account of such person, or any
other person, having voted or
refrained from voting, or being about
to vote or refrain from voting, at the
election;
(b) every elector who corruptly accepts or
takes any such food, drink,
entertainment or provision.
130. The following persons shall be deemed guilty
of the corrupt practice of using undue influence—
(a) every person who directly or
indirectly by himself or by any other
person on his behalf—
(i) makes use of, or threatens to
make use of, any force, violence
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Bribery.
or restraint; or
(ii) inflicts, or threatens to inflict,
by himself or by any other
person, any temporal or
spiritual injury, damage, harm
or loss upon or against any
person, in order to induce or
compel such person to vote or
refrain from voting or on
account of such person
having voted or refrained
from voting at any election; or
(b) every person who by abduction,
duress, or any fraudulent contrivance,
impedes or prevents the free exercise
of the franchise of any elector, or
thereby compels, induces or prevails
upon any elector either to vote or to
refrain from voting at any election.
131. The following persons shall be deemed to be
guilty of the corrupt practice of bribery:
(a) every person who, directly or
indirectly, by himself or by any other
person on his behalf—
(i) gives or agrees to give; or
(ii) lends or agrees to lend; or
(iii) offers or promises; or
(iv) promises to procure or
promises to endeavour to
procure,

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any money or valuable consideration
to or for any elector, or to or for any
other person, in order to induce any
elector to vote or to refrain from
voting;
(b) every person who, directly or
indirectly, by himself or by any other
person on his behalf, corruptly—
(i) gives or agrees to give; or
(ii) lends or agrees to lend; or
(iii) offers or promises; or
(iv) promises to procure or
promises to endeavour to
procure—
any money or valuable consideration
to or for any elector, or to or for any
person on behalf of any elector, or to
or for any other person, on account
of such elector having voted or
refrained from voting at any election;
(c) every person who, directly or
indirectly, by himself or by any other
person on his behalf, corruptly—
(i) gives or agrees to give; or
(ii) procures or agrees to procure;
or
(iii) offers or promises; or
(iv) promises to procure or
promises to endeavour to
procure—

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any office, place or employment or to
or for any elector or to or for any
person on behalf of any elector, or to
or for any other person, in order to
induce such elector to vote or refrain
from voting;
(d) every person who, directly or
indirectly, by himself or by any other
person on his behalf, corruptly—
(i) gives or agrees to give; or
(ii) procures or agrees to procure;
or
(iii) offers or promises; or
(iv) promises to procure or
promises to endeavour to
procure—
any office, place or employment to or
for any elector or to or for any person
on behalf of any elector, or to or for
any other person, on account of any
elector having voted or refrained from
voting at any election;
(e) every 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 the return of a
group of candidates, as members of
the National Assembly, or the vote of
any elector at any election;
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(f) every 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 return of any group of candidates
as members of the National
Assembly, or the vote of any elector at
any election;
(g) every person who—
(i) 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
election; or
(ii) 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
election;
(h) every elector who, before or during
any election, 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
other person, for voting or agreeing to
vote, or for refraining or agreeing to
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Personation.
[16 of 1968]
refrain from voting at any election;
(i) every person who, after any
election, 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 election.
132. (1) A person shall be deemed to be guilty of the
corrupt practice of personation at an election if he—
(a) votes as some other person whether
as an elector on his own behalf or as a
proxy on behalf of another elector,
and whether that other person is
living or dead or is a fictitious person;
or
(b) having any mark of electoral ink upon
any of his fingers applies for a ballot
paper for the purpose of voting as
an elector; or
(c) votes in person or as proxy—

(i) for a person whom he knows
or has reasonable grounds for
supposing to be dead or to be a
fictitious person; or
(ii) when he knows or has
reasonable grounds for
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General penalty
for corrupt
practices.
[6 of 1997]

Penalty for
personation.

Disqualification.
[16 of 1968]
supposing that his appointment
as proxy is no longer in force.
(2) For the purpose of subsection 1 (a) and (c), a
person who has applied for a ballot paper for the purpose
of voting shall be deemed to have voted.
133. Every person who is guilty of a corrupt practice
other than as specified in section 134, shall, on conviction
on indictment be liable to a fine of sixty-five thousand
dollars and to imprisonment for one year.
134. Every person who is guilty of personation or
aiding, abetting, counselling or procuring the commission
of the offence of personation shall, on conviction on
indictment, be liable to imprisonment for two years.
135. (1) Subject to this section, every person who is
convicted of a corrupt practice shall, in addition to any
other punishment, be incapable during a period of five
years from the date of conviction—
(a) of being registered as an elector;
(b) of being elected as a member of
the National Assembly.
(2) In the event of any conviction under section
114, the court may, if it deems it just in the special
circumstances of the case, mitigate or entirely remit any
incapacity imposed by this section.

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Offences in
respect of ballot
boxes and ballot
papers,
identity papers,
and appointments
as proxy.
[16 of 1968
Reg. 25/1968
O. 50/1980
6 of 1997
22 of 1997
15 of 2000]
PART XVI
MISCELLANEOUS ELECTION OFFENCES
136. [Repealed by Act No.24 of 1990]
137. (1) Every person who—
(a) forges or counterfeits or fraud-
ulently defaces, or destroys, any
ballot paper or the official mark
thereon or any identity paper or
notice of appointment of a person to
vote as a proxy; or
(b) without due authority supplies a
ballot paper to any person; or
(c) fraudulently puts or causes to be put
into any ballot box any paper other
than the lawful ballot paper; or
(d) without due authority destroys,
takes, opens or otherwise interferes
with any ballot box or packet of ballot
papers then in use for the purposes of
any election; or
(e) wilfully or negligently fails to
discharge any duty or responsibility
imposed on him by any of the
provisions of Part VII and relating to
any packet to which paragraph (d)
applies by virtue of section 56(2); or
(f) being present at any proceedings
under section 54 or 55(a) of these
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sections to be executed in conformity
with section 59(1) or section 92, 93 or
94—
(i) interferes or attempts to
interfere with any person,
balloting as an elector, or
obstructs or attempts to
obstruct the course of any such
proceedings, except in the
exercise of any functions
required by law to be
discharged for the purposes of
such balloting or proceedings,
as the case may be; or
(ii) obtains or attempts to obtain
(except for the purposes of the
proviso to section 54(a))
information as to the list of
candidates for whom any
person is about to vote or has
voted; or
(iii) acquires any such information
as aforesaid and, at any time
thereafter, communicates it to
any person; or
(iv) directly or indirectly induces
any person balloting as an
elector to display his ballot
paper so as to make known the
list of candidates for whom he
has or has not voted; or
(v) is guilty of any wilful act or
omission inconsistent with the
maintenance of the secrecy of
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the ballot; or
(g) undertakes to assist any person under
the proviso to section 54(a) and at any
time thereafter communicates any
information as to the list of candidates
for whom such person intends to
vote, or has voted, to any other
person; or
(h) being a ballot attendant participating
in any proceedings under section 54
or 55, influences or attempts to
influence any person either not to
vote or in his choice of a list of
candidates to vote for at those
proceedings; or
(i) in any Form, or in any certificate on
the reverse side thereof, makes any
declaration or statement that he does
not believe to be true, or has
reasonable grounds to believe to be
false, in any material respect;
shall be guilty of a misdemeanour, and be liable on
conviction—
(i) if he is an election officer or
other person exercising powers
or performing duties connected
with or relating to the conduct
of elections, to a fine of sixty-
five thousand dollars and to
imprisonment for two years;
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Voting when not
entitled.
[16 of 1968
6 of 1997]
c. 19:08]

Interference with
notices and
lists.
[6 of 1997]

Terror
intimidation
causing
withdrawal of
(ii) if he is not an election officer or
such a person, to a fine of
sixteen thousand two hundred
and fifty dollars and to
imprisonment for six months.
(2) Any person who attempts to commit an offence
under this section shall be deemed to be guilty of an offence
under this section.
138. Without prejudice to section 138(a), every person
who—
(a) not being registered as a qualified
person on an electoral register
compiled under the National
Registration Act, votes at an election;
or
(b) induces or procures any person not
so registered to vote at an election,
shall be liable on summary conviction to a fine of sixteen
thousand two hundred and fifty dollars and to
imprisonment for six months.
139. Every person who wilfully mutilates, tears
down, destroys, obscures, or makes any alteration in any
list or notice published in accordance with this Act, shall
be liable on summary conviction to a fine of sixteen
thousand five hundred dollars or to imprisonment for three
months.
139A. Any person who through intimidation, terror or
force causes any other person to withdraw from being a
candidate at any election shall be guilty of an offence and
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candidate.
[22 of 1997
15 of 2000]
Abetment of
offence under
this Act.
[22 of 1997
15 of 2000]

Attempt and
incitement to
commit offence
under this Act.
[22 of 1997
15 of 2000]
Person causing
racial or ethnic
violence or
hatred.
[1 of 2001]
shall be liable on summary conviction to a fine of forty
thousand dollars together with imprisonment for one year.
139B. Save as otherwise provided in this Act, every
person who aids, abets, counsels, causes, or procures, the
commission of any offence under this Act shall be liable to
be proceeded against and convicted for that offence, either
together with the principal offender or before or after his
conviction, and shall be liable on summary conviction to
the same punishment as that to which the principal
offender is liable by law.
139C. Every person who attempts to commit, or
incites any other person to commit any offence under this
Act shall be liable to one-half of the punishment prescribed
for that offence.
139 D. (1) Any person who –
(a) makes or published or causes to be
made or published any statement; or
(b) takes any action,
which results or can result in racial or ethnic violence or
hatred among the people shall be liable on conviction on
indictment to a fine of one hundred thousand dollars
together with imprisonment for two years.
(2) Every person convicted of an office under
subsection (1) shall, in addition to any punishment under
the said subsection, be incapable, during a period of five
years from the date of the conviction, of being a member of
the National Assembly or being a member of any local
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democratic organ or of the holder of any constitutional or
statutory office.
(3) Where a person is convicted of an offence
under subsection (1), the Registrar of the Supreme Court
shall send the particulars of the conviction to the
chairperson of the Ethnic Relations Commission who shall,
subject to the provisions of subsection (7), take such
measures or issue such instructions as are required or
necessary to give effect to the provisions of subsection (2)
(4) In all cases considered by the Court that relate
to subsection (1), the registrar of the Supreme Court shall
send a copy of the notes of evidence to the chairperson of
the Ethnic Relations Commission, and the registrar shall
take such measures or issue such instructions as are
required to give effect to the provision of this Act.
(5) Subject to the provisions of subsection (8)
where in the opinion of the Judge or the chairperson of the
Ethnic Relations Commission the notes of evidence disclose
the involvement of any political party in the matter
considered under subsection (1) the chairperson of the
Ethnic Relations Commission shall summon as a
representative of the party the Leader of the political party
or if there is no Leader the General Secretary of the political
party, by whatever name either office is designated to
attend meetings of the Commission for the purpose of
participating in investigations by the Ethnic Relations
Commission with regard to the aforesaid involvement; and
if after hearing the Leader of the party or the General
Secretary, as the case may be, the Commission is satisfied
that the statement or action, the subject of the enquiry
related to subsection (1), was made or published or it was
caused to be made or published on behalf of the political
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party, or the action was taken on behalf of the political
party, and the political party has not publicly disassociated
itself from the statement or the action, the chairperson of
the Ethnic Relations Commission shall send, in such form
as he or she thinks fit, the findings of the Commission to
the chairperson of the Elections Commission, and also
deliver a copy with a clearly stated date of notification to
the representative of the party who participated in the
investigations.
(6) The representative of the political party
referred to in subsection (5) shall have the right to appeal in
a summary way to the Full Court against the findings of the
Ethnic Relations Commission, but shall be deemed to have
forfeited that right if such appeal is not made within
fourteen days of the date receipt of notification of those
findings.
(7) The chairperson of the Elections Commission
shall, subject to the provisions of subsection (9), on receipt
of the findings referred to in subsection (5) in respect of a
political party, not accept any list of candidates with the
name of that political party thereon for a period of five
years from the date of the notification of those findings by
the Ethnic Relations Commission; and, subject to the
provisions of subsection (9), there shall not for the period
aforesaid, be a ballot containing the name of that political
party.
(8) The Ethnic Relations Commission shall not
take any action under subsection (3) or initiate any formal
inquiry under subsection (5) in any case where an appeal
against a conviction under subsection (1) has not been
determined or has been allowed.

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Complaint of
statement or
action by
political party
on racial and
ethnic violence
or hatred.
[1 of 2001]
(9) The Elections Commission shall not take the
actions under subsection (7) if, within fourteen days of the
date of receipt of notification by the Ethnic Relations
Commission of its findings, the representative of the party
referred to in subsection (5) has exercised the right of
appeal under subsection (6), and the Commission shall act
only after it has been specifically directed by the Ethnic
Relations Commission consequent upon the determination
of the appeal.
139E. (1) Where there is a written complaint to the
Ethnic Relations Commission that any political party –
(a) has made or published or caused to
be made or published any statement;
or
(b) has taken any action, which results or
can result in racial or ethnic violence
or hatred, the Leader or General
Secretary of the political party shall be
summoned by the Ethnic Relations
Commission to participate in
investigations of the matter by the
Ethnic Relations Commission as the
Commission deems fit, provided that
such investigations be conducted in a
manner open to the public.
(2) With respect to the investigations referred to in
subsection (1) the party shall have the right to make
representations by itself or by attorney-at-law during such
investigations by filing defences, being heard, and making
submissions, in accordance with the procedures
determined by the Ethnic Relations Commission, which
procedures shall make adequate provision for receiving
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Elections
Commission
proceedings.
[Reg.21/1968
0.50/1980]
such representations.
(3) The findings of the Ethnic Relations
Commission deriving from the investigations referred to in
subsection (1) shall be notified promptly to the
representative of the political party, a copy shall be
delivered to the chairperson of the Elections Commission,
and shall be published in a daily newspaper.
(4) Where the findings of the Ethnic Relations
Commission determine that the political party is culpable;
the party shall pay promptly a fine of five hundred
thousand dollars to the Ethnic Relations Commission.
(5) The provisions of section 139D (6), (7) and (9)
shall mutatis mutandis apply to this section.
140. (1) Except to the extent that jurisdiction in that
behalf has been conferred, and the exercise thereof is
required, by the Constitution or any law made under
article 163 thereof (which provides for the
determination by the Supreme Court of Judicature of
questions as to membership of the National Assembly and
elections thereto) and save as hereinbefore provided to
the contrary, no question whether any function of the
Elections Commission or of any of its members has been
performed validly or at all shall be enquired into in any
court.
(2) No evidence of any deliberations of the
Elections Commission or communications between
members of the Commission regarding its business shall be
admissible in any court.

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Property in
election material.

Certificate of
Chief Election
Officer.

Offences by
bodies corporate.

Limitation
of time.
[16 of 1968]

Special
provisions
as to
convictions.
PART XVII
GENERAL
141. In any indictment, information or complaint for
an offence in relation to ballot boxes, ballot papers and
other election material, the property in them may be stated
to be in the Chief Election Officer.
142. In any prosecution under this Act, whether on
indictment or summarily, the certificate of the Chief
Election Officer that the election was duly held and that the
person or persons named therein were named as a
candidate or candidates at such election, shall be sufficient
evidence of the facts therein stated.
143. Where an offence under this Act committed by a
body corporate is proved to have been committed with the
consent or connivance of any director, manager, secretary
or other officer of the body corporate, or any person
purporting to act in any such capacity, he, as well as the
body corporate, shall be deemed to be guilty of the offence
and punished accordingly.
144. A complaint or information against a person in
respect of any offence under this Act shall be made or filed
within one year or, in the case of an offence to be tried on
indictment, two years after the offence was committed.
145. (1) Any person charged with illegal payment,
employment or hiring, may, notwithstanding that the
act constituting the offence amounted to a corrupt or
illegal practice, be found guilty of illegal payment,
employment or hiring, as the case may be, if the
circumstances warrant such finding.
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Rules of Court.
c 3:02

Duty not to
disclose finger-
prints.

Extra-territorial
application of
penal
provisions of
this Act.
[16 of 1968]
(2) A person charged with an illegal practice or
other offence not being a corrupt practice may,
notwithstanding that the act constituting the offence
amounted to a corrupt practice, be found guilty of an illegal
practice or other offence, as the case may be, if the
circumstances warrant such finding.
(3) Any person charged with a corrupt practice
may, if the circumstances warrant such finding, be found
guilty of an illegal practice and for that purpose the
offence of an illegal practice shall be an indictable
offence.
146. Rules of Court may, for any of the purposes of
this Act, be made from time to time in the manner
prescribed by the High Court Act.
147. No election officer shall produce for inspection
or supply the thumb-print of an elector, or a copy thereof
except—
(a) for the purposes of this Act and its
enforcement;
(b) for purposes connected with the
conduct of an election;
(c) as otherwise expressly provided by
law.
148. (1) No charge laid, and no proceedings taken, in
Guyana against any person on or with a view to his
indictment for any offence under this Act shall, unless the
contrary intention hereinbefore appears, be deemed to be
unsanctioned by law, or otherwise untenable, on the
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Expenses.
ground that anything to which the indictment relates or
might relate was done, omitted or situated outside
Guyana or beyond any territorial limitation affecting the
exercise of jurisdiction by the High Court, whether within
the territory of any other State or not, provided that such
person was a candidate, election agent or citizen of Guyana
at the time of the offence in question.
(2) For the purposes of subsection (1), a person
against whom any charge is laid as aforesaid shall, in any
proceedings taken against him as aforesaid, be deemed to
have been a citizen of Guyana at the said time unless the
contrary is proved.
(3) No objection to any such proceedings as
aforesaid on indictment for an offence punishable under
the provisions of section 121 or 125(3) or 128(1) shall be
taken or allowed for inconsistency with any such provision
conditioning the proceedings upon the absence of
summary jurisdiction:
Provided that where the person so indicted is
convicted on such indictment and the judge is satisfied that
the offence could have been tried summarily, such person
shall be liable to no more than the like punishment as on
summary conviction for such an offence.
(4) The foregoing provisions of this section are in
addition to, and not in derogation of, such provisions of
any other laws as sanction the prosecution of indictable
offences.
149. The expenses of carrying out the provisions of
this Act shall be defrayed from moneys provided by
Parliament except in so far as any such expenses may
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Regulations.
[16 of 1968
16 of 1985
12 of 2006]

Commission to
determine every
Form in the
Schedule.
[12 of 2006]

Overseas time
and delivery by
hand instead
of post.
[Reg. 25/1968]
otherwise lawfully be defrayed out of the Consolidated
Fund.
150. The Elections Commission may make
regulations for giving effect to the provisions of this Act,
including, subject to the provisions of the Constitution and
this Act, regulations to make provision for all matters, in
respect of the conduct of an election, for which in its
opinion it is necessary or expedient to make provision, and,
without prejudice to the generality of the foregoing, any
such regulation may prescribe the hours between which an
act may be done on any day not later than which the act is
required by virtue of this Act to be done before election day
and the particulars to be included in a list prepared under
section 65J(1).
150A. (1) The Commission may determine the nature
and content of and publish every form in the Schedule.
(2) The Commission shall determine and effect
such amendments as may be necessary to any form as
determined by the Commission and may completely
substitute one form for another where circumstances so
justify.
(3) The Forms in the Schedule shall continue to
have effect as though determined by the Commission until
amended by determination of the Commission.
151. (1) For the purposes of any requirement under
this Act that anything be done in a country other than
Guyana not later than a specified number of days before
election day, election day shall be deemed to be the like
date in that country as is appointed in Guyana for the
holding of the election.
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Commission to
be consulted
on emoluments
of officers and
staff.
[0.50/1980]
[16 of 1968
r. 5/1964
3/1968
30 of 1990]
(2) Anything required by this Act to be posted by a
non-resident within the meaning of Part VII to any officer
shall nevertheless be deemed to have been duly transmitted
if delivered at his office by the non-resident within the time
allowed for its transmission to such officer in accordance
with such requirements.
(3) Any requirement of this Act that anything for
the use of a non-resident be posted to his address by any
officer shall nevertheless be deemed to have been duly
complied with if the officer, acting within the time allowed
for its posting under this Act, causes such thing to be
delivered by hand to that address so that the non-resident
may avail himself thereof in conformity with this Act.
152. The Commission shall be consulted by
Government with regard to the emoluments to be paid to
election officers and other staff employed under this Act.

SCHEDULE
TABLE OF FORMS
NO.
1. Oath (a) by election officer.
2. List of candidates.
3. Statutory declaration of a candidate named in a
candidates’ list.
4. Certificate of Employment.
5. (Part A) Application for appointment of a proxy.
(Part B) Consent of person named in application
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for proxy paper.
6. Appointment as proxy.
7. List of proxies.
8. Cancellation of proxy.
9. Notice of poll.
10. Directions for voting.
l l. Form of ballot paper.
12. Tendered ballot paper.
12A. Application for inclusion of name in non-resident
electors’ roll.
13. (Page 1) Poll book.
(Page 2) Blind or incapacitated electors.
(Page 3) Tendered ballots.
(Page 4) Ballot papers refused.
(Page 5) Certificates of employment (Section
69(4)) and entries directed by the Presiding
Officer (Section 76(a).
14. Declaration of identity.
15. Directions for balloting.
16. Receipt for ballot envelope sealed by non-resident
elector and form of declaration of his identity.
17. Non-residents’ ballot papers account.
18. Application by non-resident to vote in Guyana.
19. Oath (a) of identity.
20. Interpreter’s oath (a).
21. Oath (a) of blind and incapacitated elector.
22. Oath of friend of incapacitated or blind elector.
23. Ballot paper account.
23A. Statement of poll.
24. Election return.
25. Election return—votes of non-residents.
26. Election expenses return.
27. Declaration of election expenses—by election
agent.
28. Declaration of election expenses—by candidate.
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s. 8(1)
[O. 50/1980]
_________
FORM 1
THE REPRESENTATION OF THE PEOPLE ACT
GENERAL ELECTIONS
OATH (a) BY ELECTION OFFICER
I........................(b)..............................having been appointed
.....................(c) ..............swear(d) that I will faithfully
perform the duties of the said office according to law,
without partiality, fear, favour or affection.
So help me God (e)……………....................(f)......................
Sworn (g) before me at..........................this......................day
of.....................20....
...................................
Justice of the Peace (h)
Chief Election Officer
Election Officer
Notices:
(a) In the case of an affirmation, substitute”
Affirmation” for “Oath”.
(b) Full names in BLOCK CAPITALS.
(c) Title of appointment and (except for the
Chief Election Officer) the name of the
Polling District and/or Polling Division to
which appointed.
(d) In the case of an affirmation substitute
“solemnly, sincerely and truly declare and
affirm” for “swear”.
(e) Delete in the case of an affirmation.
(f) Signature of election officer.
(g) In the case of an affirmation substitute
“affirmed” for “sworn”.
(h) Delete as necessary.
LAWS OF GUYANA
Representation of the People Cap. 1:03 173
L.R.O. 1/2012
s. 11(2)
[O. 50/1980
O. 57/1980
12 of 2006]
________
FORM 2
THE REPRESENTATION OF THE PEOPLE ACT
GENERAL ELECTIONS
LIST OF CANDIDATES
(Form of front of paper)
To the Chief Election Officer.
We, whose signatures appear overleaf, do hereby submit
this our list of ..................... candidates numbered serially
and in the alphabetical order of their surnames, whose
election to the National Assembly is sought. The title of our
list is....................
The candidate named ............................ and numbered...........
is hereby designated as Presidential Candidate in
accordance with Article 177(1) of the Constitution.
CANDIDATES
Name Address Occupation
(Form of back of paper)
We nominate Mr .......................of ................................. to be
representative of the list and Mr ................of............. to be
deputy representative. We, the persons submitting the list
shown on the face of this form are:
Name Registration record Signature
Number
Received by me at........ o’clock this ........day of .................20..

LAWS OF GUYANA
174 Cap. 1:03 Representation of the People
L.R.O. 1/2012
s. 11(4)
[O. 50/1980]
........................................
Chief Election Officer
________
FORM 3
THE REPRESENTATION OF THE PEOPLE ACT
GENERAL ELECTIONS
STATUTORY DECLARATION OF A CANDIDATE
NAMED IN A CANDIDATES’
LIST
Note: This form completed in respect of each candidate
named in a list of candidates is to accompany the list of
candidates submitted to the Chief Election Officer
I, (full names)................ of (address) .................. having
been nominated as a candidate in the list of
candidates for the ............................ party for election
as Members of the National Assembly in the general
election to be held on the ....................... day of ................ 20...
Do solemnly and sincerely declare –
(1) That I consent to the inclusion of my name in
the said list of candidates
(2) That I am aware of the provisions of articles
53 and 155 of the Constitution with respect
to the qualifications and disqualifications for
election as a Member of the National
Assembly.
(3) That I may, consistently with such
provisions be elected as a Member of the
National Assembly at the election for which
I have been nominated as aforesaid.
I make this declaration conscientiously believing the same
LAWS OF GUYANA
Representation of the People Cap. 1:03 175
L.R.O. 1/2012
s. 29(4)
[O. 50/1980]
to be true and according to the Statutory Declarations Act.
Signed............................................................ (Declarant)
Declared before me...........at ..........this ..........day of ........20....

Signed........................................................
Justice of the Peace
Commissioner of Oaths
__________
FORM 4
THE REPRESENTATION OF THE PEOPLE ACT
GENERAL ELECTIONS
CERTIFICATE OF EMPLOYMENT
In the .......................... Polling District I certify that
(name).................. who holds identity paper No. ............. and
is registered under serial No. .................in the No.
.............Polling Division of the.............. Polling District is
likely to be unable to go in person to the Polling Place
allotted to him for the election to be held on the
.................. day of ............. 20 ............... by reason of his
employment on that date at the ................ Polling Place as
a....................
Date..............................
Signed...............................................
Returning Officer
________

LAWS OF GUYANA
176 Cap. 1:03 Representation of the People
L.R.O. 1/2012
s. 31
[O. 50.1980
16 of 1985]
FORM 5
THE REPRESENTATION OF THE PEOPLE ACT
GENERAL ELECTIONS
PART A
APPLICATION FOR APPOINTMENT OF A PROXY
To the Returning Officer
....................Polling District
I.............................................................................(surname)
(block capitals)
Other names............................................................................. of
(address) .............................................................................. and
holder of identity paper No ................................................
being registered in Polling Division No ........................... of
the ........ Polling District, hereby certify that I am entitled to
vote by proxy by reason of.................. Not having any
person appointed as proxy to vote for me, I do hereby
apply for the issue of a proxy paper appointing the
following person as proxy to vote for me:—
Full names..........................................................................
Occupation..............................................................................
Address............................................................................ ......
Signature of applicant ........................ date ..........................
Notes
1. This application if approved entitles the proxy to
vote for you and disentitles you from voting in person.
2. You may cancel this application if you give notice on
Form 8 to the Returning Officer so that he receives the form
LAWS OF GUYANA
Representation of the People Cap. 1:03 177
L.R.O. 1/2012
not later than the tenth day before election day.
3. To be your proxy a person must be entitled to vote
at the same polling place as you are and must not already
have been appointed proxy for more than one other elector.
4. You are entitled to vote by proxy if you are–
(a) unable, or likely to be unable, to go in
person to the polling place for any of the
following reasons–
(i) the particular circumstances of your
employment on the election day either
as a member of a disciplined force or as
a rural constable, or for a purpose
connected with the election, by the
returning officer;
(ii) the fact that at the election, you are
acting as a returning officer for a
district other than the district in which
your address as entered in the official
list of electors is situate;
(iii) the particular circumstances of your
employment on the election day by the
returning officer for a district, other
than the district in which your address
as entered in the official list of electors
is situate, for a purpose connected with
the election in that district;
(iv) the fact that you are an employee of the
Transport and Harbours Department
engaged in running a vessel on the
election day;

LAWS OF GUYANA
178 Cap. 1:03 Representation of the People
L.R.O. 1/2012
(b) a candidate at the election and is unable, or
likely to be unable, to go in person to the
polling place at which you are entitled to
vote by reason of being engaged in any
activity, connected with the election, in a
district other than the district in which that
polling place is situate;

(c) unable, or likely to be unable, by reason either
of blindness or any other physical incapacity to
go in person to the polling place, or if able to go,
to vote unaided.
PART B
CONSENT OF PERSON NAMED IN APPLICATION FOR
PROXY PAPER
I (full names)........ of (address) ............ Occupation ...................
identity paper No .............. being registered in No. ..................
Polling Division of the ........................ Polling District hereby
consent to act as proxy for the above named....................
.............................20......
Date
Signed ................................
___________

LAWS OF GUYANA
Representation of the People Cap. 1:03 179
L.R.O. 1/2012
APPOINTMENT AS PROXY
Polling District ............................................................................
Polling Division No ....................................................................
Polling Place ................................................................................
Name of Proxy ............................................................................
No. of identity paper ...................................................................
No. on official list .............................. is hereby appointed as
proxy for
Name of voter ..............................................................................
No. on official list ....................... to vote for him/her at the
election
to be held on the ...................... day of, .........................20...
...................................... ............
Returning Officer
Date........................................
GENERAL ELECTIONS
THE REPRESENTATION OF THE PEOPLE ACT
FORM 6
[O. 50/1980]
s. 32(1)

LAWS OF GUYANA
180 Cap. 1:03 Representation of the People
L.R.O. 1/2012
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s. 3
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7
LAWS OF GUYANA
Representation of the People Cap. 1:03 181
L.R.O. 1/2012
s. 33
[O. 50/1980]
s. 34(1)
FORM 8
THE REPRESENTATION OF THE PEOPLE ACT
GENERAL ELECTONS
CANCELLATION OF PROXY
To the Returning Officer
....................Polling District
I (full names) ............... being registered in No ...............
Polling Division hereby cancel the appointment of (name of
proxy).................... as proxy to vote for me at the election to
be held on the .......... day of ...................., 20
Signed..................................................
Address..................................................
Date ................................
____________
FORM 9
THE REPRESENTATION OF THE PEOPLE ACT
between the hours of ............a.m. and ................. p.m. to
a poll will be held on the .......... day of .............., 20...,
TAKE NOTICE that
In the .......................... Polling District
NOTICE OF POLL
GENERAL ELECTIONS
elect fifty-three members of the National Assembly.
LAWS OF GUYANA
182 Cap. 1:03 Representation of the People
L.R.O. 1/2012

s. 38(a)
[O. 50/1980]
The situation of each polling place in the ................. Polling
District and the names of the electors who are entitled to
vote thereat are given in the papers attached hereto.
.....................................
Returning Officer
Date ..........................................
______________
FORM 10
THE REPRESENTATION OF THE PEOPLE ACT
GENERAL ELECTIONS
DIRECTIONS FOR VOTING
1. You can vote for only one list of candidates at this
election.
2. You should see that the ballot paper, before it is
handed to you, has been stamped with the official
mark.
3. You are to go into one of the compartments and there
place a cross within the blank space opposite the
LAWS OF GUYANA
Representation of the People Cap. 1:03 183
L.R.O. 1/2012

s. 38(b)
[O. 50/1980]
name and symbol of the list of candidates for which
you wish to vote. You are to make the cross like this:
X
4. When you have marked your vote, fold your ballot
paper so as to conceal your vote but so as to show the
official mark appearing at the back. Then show that
mark to the officer presiding and permit your finger
to be immersed in electoral ink. After that put your
ballot paper in the ballot box and leave the polling
place.
5. If you accidentally spoil your ballot paper you may
return it to the presiding officer who on being
satisfied of the fact will give you another.
6. If you vote for more than one list of candidates or place
any mark on the ballot paper by which you can
afterwards be identified your vote will be void and will
not be counted.
Chief Election Officer
_________
FORM 11
THE REPRESENTATION OF THE PEOPLE ACT
GENERAL ELECTIONS
FORM OF BALLOT PAPER
C.O.N.
The Conservative
LAWS OF GUYANA
184 Cap. 1:03 Representation of the People
L.R.O. 1/2012
s. 38(c)
[O. 50/1980]
[O. 50/1980
16 of 1985
24 of 1990]
Counterfoil
No.
..................
Elector’s
No. In
Official
List
...................
1.
2.
3.
Party Candidates’
List
L.A.B.
The Labour Party
Candidates’ List

L.I.B.
The Liberal Party
Candidates’ List

FORM 12
THE REPRESENTATION OF THE PEOPLE ACT
GENERAL ELECTIONS
TENDERED BALLOT PAPER
(Form 12 shall be identical with Form 11 save that it shall be
printed on paper of a different colour.)
___________
FORM 12A
THE REPRESENTATION OF THE PEOPLE ACT
GENERAL ELECTIONS
APPLICATION FOR INCLUSION OF NAME IN NON-
RESIDENT ELECTOR’S ROLL
To the Chief Election Officer
I (surname) ...................................................................................
LAWS OF GUYANA
Representation of the People Cap. 1:03 185
L.R.O. 1/2012
s. 40(3)
[O. 50/1980]
(block capitals)
(other names)........................................................................ of
(address ............................................................................. and
holder of identity paper No....................................................
being an elector whose name is included in the non-
resident’s roll in.. (country)
(at serial No.
*being employed by the government of Guyana/....................
............................................................................................. (name
of public corporation or corporate
..........................................................................................................
body in which the controlling interest
............................................................................................... vests
in the State or any agency on behalf
................................................................. ......................................
of the State) being a full-time student at ...................................
(give name and
...........................................................................hereby apply for
address of educational institution)
the inclusion of my name in the non-resident electors’ roll.
2. I am submitting herewith a certificate* from my
employer about my employment/the educational
institution where I am studying as to my being a full-time
student in that Institution.
Date ........................................
.............................................
Signature of applicant.
*Strike out the words that are not applicable.
__________
LAWS OF GUYANA
186 Cap. 1:03 Representation of the People
L.R.O. 1/2012

FORM 13
THE REPRESENTATION OF THE PEOPLE ACT
GENERAL ELECTIONS
POLL BOOK Page 1
VERIFICATION OF ELECTOR’S IDENTITY
(Section 69(3) and 76(b))
Entries on this page to be made only when a voter is
required under section 69(3) to take the oath of identity
because his name or other particulars in the official list do
not quite correspond with those in his identity paper.
Name of
elector
No. on official
List
No. of
identity
paper
Oath of identity
(Form 19)
Sworn or
refused








LAWS OF GUYANA
Representation of the People Cap. 1:03 187
L.R.O. 1/2012
FORM 13
Page 2
BLIND OR INCAPACITATED ELECTORS
(Sections 73(3) and 76(b))
Entries on this page only to be made to show:
(1) The name etc. of any blind or incapacitated
elector whose ballot paper is marked by a
friend or by the Presiding Officer.

(2) The reason therefor (i.e. the nature of his
incapacity).
(3) The oath taken by such elector and his friend,
and the friend’s particulars.
Name of
Elector
No. on
official
list
No. of
identity paper
Whether
marked by
friend or P.O.
Reason for
marking
Oath
Form 21
sworn or
refused
Oath of friend
Form 22
sworn or
refused
Friend’s name
and Serial No.





LAWS OF GUYANA
188 Cap. 1:03 Representation of the People
L.R.O. 1/2012
FORM 13
Page 3
TENDERED BALLOTS
(Sections 74(3) and 76(b))
Entries on this page only to be made to show the name etc.
of any elector who is given a tendered ballot paper and the
oath taken by such elector.

Name
of
elector
No. on
official
list
No. of
identity
paper
If tendered
paper
marked
Reason
for
issuing of
tendered
paper
Oath of
identity
Form 19
sworn or
refused






LAWS OF GUYANA
Representation of the People Cap. 1:03 189
L.R.O. 1/2012
Page 4
BALLOT PAPERS REFUSED
(Sections 71(1) and 72(5))
Entries on this page only to be made to show the name etc. of an
elector to whom a ballot paper of any kind (ballot or tendered
or 72(5).

Name of
elector
No. on
official list
Identity
paper No.
if any
Regulation
under
which
refused
Reason
for refusal




FORM 13
Page 5
CERTIFICATES OF EMPLOYMENT (SECTION 69(4))
AND ENTRIES
DIRECTED BY THE PRESIDING OFFICER
FORM 13
ballot) was refused by the Presiding Officer under section 71(1)
LAWS OF GUYANA
190 Cap. 1:03 Representation of the People
L.R.O. 1/2012
s. 54(a)(iii),
61(2)
[O. 50/1980]
(Section 76(a))
Entries on this page only to be made of persons submitting
certificates of employment and entries, other than those
covered by previous pages, directed by the Presiding
Officer.
Name of elector Reference to Certificate of Employment
or other particulars
_________
FORM 14
THE REPRESENTATION OF THE PEOPLE ACT
GENERAL ELECTIONS
DECLARATION OF IDENTITY
I ................................hereby declare that I am * [satisfied that
(NAME IN BLOCK LETTERS)
the person whose vote is enclosed herewith is] the person
to whom the ballot paper in the ballot envelope enclosed by
me herewith was issued. Dated.................................................
(Signature of Non-resident/Ballot attendant/Returning
Officer)
* Delete the words in square brackets unless signing as a
ballot attendant or returning officer.
_________

LAWS OF GUYANA
Representation of the People Cap. 1:03 191
L.R.O. 1/2012
THE REPRESENTATION OF THE PEOPLE ACT
GENERAL ELECTIONS
DIRECTIONS FOR BALLOTING BY NON-RESIDENT
ELECTORS ISSUED WITH BALLOT PAPERS
Election day for determining membership of the National
Assembly of
Guyana is the ..............day of ........................, 20....
1. Enclosed herewith for the exercise of your single vote
are—
(i) a ballot paper;
(ii) an envelope addressed ”To the Chief
Election Officer”;
(iii) a larger envelope addressed to the officer
who has issued the ballot paper to you; and
(iv) a form of Declaration of Identity.
2. You may vote in one of the following ways—
A. In the presence of a ballot attendant — not later than
the.............. day of............, 20 .......... to whom you must—
(a) produce proof of your identity, including
any passport or other document;
(b) exhibit all the above mentioned enclosures.
If you need assistance to vote on account of physical
incapacity, get another non-resident elector to be present
with you before the ballot attendant and to certify in his
presence the rendering of such assistance.
OR
FORM 15 s.51(b) (iv)
LAWS OF GUYANA
192 Cap. 1:03 Representation of the People
L.R.O. 1/2012
B. If no ballot attendant is available—
(i) secretly mark the ballot paper, fold it so as to
conceal your vote, enclose it in the envelope
addressed “To the Chief Election Officer”
and seal that envelope;
(ii) complete the form of Declaration of Identity
and enclose it, together with the envelope
you have sealed, in the larger envelope
addressed to the officer who issued the
ballot paper to you;
(iii) seal the last-mentioned envelope and post or
deliver it to the office of that officer so that
he receives it not later than the....................
BUT
C. If you belong to the particular class of non-resident
electors that took special steps to obtain the ballot paper in
order to ensure your being able to vote you may, in case of
your having obtained the ballot paper at the office of a
ballot officer, vote only as at A above in the presence of the
ballot attendant at that office.
3. Whichever way you may vote, the Chief Election Officer
or an overseas presiding officer deputed by him will be
authorised on election day in Guyana to cast your vote
from the larger addressed envelope. The officer to whom
that envelope is addressed will be responsible for
making it available, unopened, in Guyana where it will be
opened when the casting of your vote is about to be
effected by inserting the envelope addressed “To the Chief
Election Officer” in a ballot box.

LAWS OF GUYANA
Representation of the People Cap. 1:03 193
L.R.O. 1/2012
s. 54(a)(iii)
[O. 50/1980]

s.57 (1) (e)
4. In order to ensure that your vote will be counted, you
should comply strictly with paragraph 2 of these
Directions. You should mark the ballot paper like this: “X”
within the blank space opposite the name and symbol of
the list of candidates for which you wish to vote. If you
vote for more than one list of candidates or place any mark
on the ballot paper by which you can be identified, your
vote will not be counted.
Chief Election Officer
_________________
FORM 16
THE REPRESENTATION OF THE PEOPLE ACT
GENERAL ELECTIONS
Receipt for ballot envelope sealed by non-resident elector
and form of declaration of his identity.
I ……………………………………………….of
………………………………………………………………….
a ballot attendant, hereby acknowledge receiving from the
non-resident elector whose serial number is ...........................
a ballot envelope sealed by him and a form of declaration of
his identity.
Dated ....................................
Signed ..............................................
Ballot Attendant
________

LAWS OF GUYANA
194 Cap. 1:03 Representation of the People
L.R.O. 1/2012
s. 58(2)
[O. 50/1980]
FORM 17
THE REPRESENTATION OF THE PEOPLE ACT
GENERAL ELECTIONS
Non-residents’ ballot papers account.
1. Number of ballot papers 2. Number of ballot papers
Furnished............................. issued to non-residents in sealed
Envelopes........................................
Serial Numbers from 3. Number of ballot papers not
...................................... issued to non-residents ..............
To ..................................

4. Number of addressed envelopes
Dated.................................... packaged in pursuance of section
57 (1)(a)
.......................................................
.................................................................
Chief Election Officer/Ballot Officer
________
FORM 18
THE REPRESENTATION OF THE PEOPLE ACT
GENERAL ELECTIONS
APPLICATION BY NON-RESIDENT TO VOTE IN GUYANA
To the Chief Election Officer.
I (surname)..........................................................................
(BLOCK CAPITALS)
LAWS OF GUYANA
Representation of the People Cap. 1:03 195
L.R.O. 1/2012
s. 69(3), 74(1)
[O. 50/1980]
other names ........................................................................ of
(address outside Guyana) .......................................................
being present in Guyana, apprehending my being
unable to vote on account of my absence from the
abovementioned address and whose registration card
number is ................ hereby apply for a ballot paper to vote
at the election to be held on the .................My address in
Guyana is: .................. situate in ..................... polling district-
No. .... (State name and number of polling district)
Dated .........................
......................................................
Signature of Applicant
FORM 19
THE REPRESENTATION OF THE PEOPLE ACT
GENERAL ELECTIONS
OATH (a) OF IDENTITY
You swear that you verily believe that you are the
person intended to be referred to by entry in the Official list
of the name of ...... whose occupation is given as ................
whose address is given as ....................... and whose identity
paper number is given as ................... and that you have not
already voted at this election.
SO HELP YOU GOD
Note:
(a) In the case of an affirmation substitute
“solemnly and sincerely declare” for
“swear” and omit “SO HELP YOU GOD”.

LAWS OF GUYANA
196 Cap. 1:03 Representation of the People
L.R.O. 1/2012
s. 72(10)
[O. 50/1980]

s. 73(1)
[O. 50/1980]
________
FORM 20
THE REPRESENTATION OF THE PEOPLE ACT
GENERAL ELECTIONS
INTERPRETER’S OATH (a)
You swear that you will true interpretation make between
the languages of ............ and ........... to the best of your
knowledge and belief.
SO HELP YOU GOD
Note:
(a) In the case of an affirmation substitute “solemnly
and sincerely Declare” for “swear” and omit “SO
HELP YOU GOD”.
________
FORM 21
THE REPRESENTATION OF THE PEOPLE ACT
GENERAL ELECTIONS
OATH (a) OF BLIND AND INCAPACITATED ELECTOR
You swear that you are incapable of voting without assistance by
reason of physical incapacity/blindness.
SO HELP YOU GOD
Note:
(a) In the case of an affirmation substitute
“solemnly and sincerely declare” for
LAWS OF GUYANA
Representation of the People Cap. 1:03 197
L.R.O. 1/2012
s. 73(2)
[O. 50/1980]
s. 83(c)
[O. 50/1980
30 of 1990]
“swear” and omit “SO HELP YOU GOD”.
__________
FORM 22
THE REPRESENTATION OF THE PEOPLE ACT
GENERAL ELECTIONS
OATH OF FRIEND (a) OF INCAPACITATED OR
BLIND ELECTOR
You swear
that you will keep secret the name of the candidates’
list for whom you mark the ballot paper of the
incapacitated/blind elector on whose behalf you act AND
that you have not already marked the ballot paper of any
other such incapacitated/blind elector at this election.
SO HELP YOU GOD
Note:
(a) In the case of an affirmation substitute
“solemnly and sincerely declare” for
“swear” and omit SO HELP YOU GOD.
_______
FORM 23
THE REPRESENTATION OF THE PEOPLE ACT
GENERAL ELECTIONS
BALLOT PAPER ACCOUNT
Ballot Box No. .........................................
General Election, 20 .....
LAWS OF GUYANA
198 Cap. 1:03 Representation of the People
L.R.O. 1/2012
Polling District .........................................
Polling Place .............................................
Ballot Paper Account
(1) Number of ballot papers (2) Ballot papers in the ballot
Received ................................. box ...........................................
Serial numbers ......................
From ....................................... (3) Ditto unused ....................
To ............................................ (4) Ditto spoiled ....................
Tendered Ballot Paper Account
_____________________________________________________
(1) Number of tendered ballot (2) Tendered ballot papers
in
Papers received ......................... packet ..................................
Serial Numbers ......................... (3) Ditto unused................
From ........................................... (4) Ditto spoiled ...............
To ................................................
Dated ........................day of ...................., 20.....
........................................................
Presiding Officer
_____________
FORM 23A
THE REPRESENTATION OF THE PEOPLE ACT
GENERAL ELECTIONS
STATEMENT OF POLL
LAWS OF GUYANA
Representation of the People Cap. 1:03 199
L.R.O. 1/2012
For the Polling Place..................................................................
In Polling District ......................................................................
1. No. of valid votes cast for each list of candidates
List of ................................ total ........................ votes
List of ................................. total ....................... votes
List of ................................ total .........................votes
List of ............................... total ......................... votes
List of ............................... total ..........................votes
List of ............................... total ..........................votes
2. Total valid votes for all lists
3. Add total number of rejected ballot
papers (See statement below) ______
4. Grand total of persons who appear to
have voted in the polling place _______
5. Total number of spoiled ballot papers _______
6. Total number of tendered ballot papers _______
used
7. Statement of rejected ballot papers in the
polling place
No. of ballot papers rejected for—
(a) want of official mark ____________
(b) unmarked or void for
uncertainty ____________
LAWS OF GUYANA
200 Cap. 1:03 Representation of the People
L.R.O. 1/2012
s. 89(1)(f)
[O. 50/1980]
(c) marked for more than
one list of candidates ____________
(d) marked so that the elector
can be identified ____________
Total
Presiding Officer
Date................................................
FORM 24
THE REPRESENTATION OF THE PEOPLE ACT
GENERAL ELECTIONS
ELECTION RETURN
for the Polling District of ................
1. Number of valid votes cast for each list of candidates.
List of .................................. total .................................votes
List of ................................... total .................................. votes
List of ................................... total ...................................votes
List of ………………………. total ……………………...votes
List of ………………………. total ……………………...votes

2. Total valid votes for all lists _____________
3. ADD total number of rejected
Ballot papers (see statement below) _____________
LAWS OF GUYANA
Representation of the People Cap. 1:03 201
L.R.O. 1/2012
s. 94(1)(d)
[O. 50/1980
30 of 1990]

4. Grand total number of persons
Who appear to have voted _____________
5. Total number of spoilt Ballot Papers _____________
6. Total number of Tendered Ballot
Papers used _____________
7. Statement of Rejected Ballot Papers
in the Polling District _____________
Number of ballot papers rejected for—
(a) want of official mark _____________
(b) unmarked or void for
uncertainty _____________
(c) marked for more than one
candidates’ list _____________
(d) marked so that the elector
can be identified ______________
Total ______________
......................................................
Returning Officer
Date.............................................
____________
FORM 25
THE REPRESENTATION OF THE PEOPLE ACT
GENERAL ELECTIONS
ELECTION RETURN - VOTES OF NON-RESIDENT
ELECTORS
LAWS OF GUYANA
202 Cap. 1:03 Representation of the People
L.R.O. 1/2012
1. Number of valid votes cast for each list of candidates.
List of................................... total ……...........................votes
List of .................................. total ..................................votes
List of ................................. total ..................................votes
List of ................................. total ..................................votes
List of ................................. total ..................................votes
List of ................................. total ..................................votes
2. Total valid votes for all lists
3. ADD total number of rejected ballot
papers
4. Grand total number of persons who
appear to have voted in accordance with
Part XI of this Act ____________
5. Statement of rejected ballot papers. ____________
Number of ballot papers rejected for—
(a) want of official mark _______________
(b) unmarked or void for
uncertainty _______________
(c) marked for more than one
candidates’ list _______________
(d) marked so that the elector
can be identified. _______________
______________________
Chief Election Officer
Date this ................day of ..........., 20........
_________
LAWS OF GUYANA
Representation of the People Cap. 1:03 203
L.R.O. 1/2012
FORM 26
THE REPRESENTATION OF THE PEOPLE ACT
GENERAL ELECTIONS
ELECTION EXPENSES RETURN
I, (name) ............ being election agent to the group of
candidates entitled the ........... at the general election held
on the ............. day of .............., 20..., make the following
return in respect of the election expenses of the said
(title)........... group of candidates at the said election.
RECEIPTS
Received of
(name)........... $ ..........
(name) .......... $ ..........
(Here enter the name and description of every person--
including every candidate, club, society or organisation
from whom any money, securities or the equivalent of
money was received towards defraying the expenses of
the (title) ...... group incurred on account of the above
election, and the amount received from each).
EXPENDITURE
Personal Expenses
Personal expenses of each candidate named in the
candidates’ list and paid by himself, as per schedule
attached hereto Total $ ...................
[O. 50/1980]
s. 108(1)
LAWS OF GUYANA
204 Cap. 1:03 Representation of the People
L.R.O. 1/2012
(The amount of personal expenses paid by each candidate
himself must be shown separately in the schedule.)
Personal expenses paid by me for the candidates,
as per schedule attached hereto Total $ ......................
(The amount of personal expenses paid for
each candidate by the election agent must be shown
separately in the schedule)
Payment of Agents
Received by me for my services as Election $....................
Agent
Total paid to assistant agents, polling
agents, counting agents, clerks, typists, $........................
messengers as per attached schedule
(The names and descriptions of every such agent,
clerk, messenger, etc. and the sum paid to each must
be set out separately in the schedule.)
Goods supplied or work done
To ................(for printing)
$..........................
To ................(for advertising)
$.........................
To ................(for stationery)
$........................
(The name and description of each person and the
nature of the goods supplied or work done by
each must be separately set out either here or in a
separate schedule.)
LAWS OF GUYANA
Representation of the People Cap. 1:03 205
L.R.O. 1/2012
Postage and telegrams
Paid for postage total
$.......................
Paid for telegrams total
$......................
Hire of rooms
Paid for hire for public meetings
$......................
Paid for hire for Committee rooms as in
$.....................
the attached schedule
(The schedule must show the full address of and the
amount paid for each room hired and the name and
description of the person to whom payment was made for
it.)
Miscellaneous
Paid for other matters as per attached schedule.....total
$..................
(The schedule must show the name and description of each
person paid, the amount paid to him and the reason
therefor).
Disputed and unpaid claims
I am aware, as election agent for the (title)...............
group of the following disputed and unpaid claims namely:

LAWS OF GUYANA
206 Cap. 1:03 Representation of the People
L.R.O. 1/2012
s. 108(3)
[O. 50/1980]
By (names) ................ for ............ $..................
(here set out the name and description of each person
whose claims is disputed, the amount of the claim and the
nature of the goods, work or services on which the claim is
based).
Unpaid claims allowed by the High Court
By (names) .............. for ............. $.....................
(here set out the name and description of each person to whom
any such claim is due, the amount of the claim and the nature of
the goods, work or services on which it is based).
Date ...................... Signed .....................
Election Agent of the..........................group

_________
FORM 27
THE REPRESENTATION OF THE PEOPLE ACT
GENERAL ELECTIONS
DECLARATION OF ELECTION EXPENSES BY
ELECTION AGENT
I ........... being election agent to the ............. group of
candidates at the general election held on the ............ day of
........... 20 ...... do hereby solemnly and sincerely declare that
I have examined the return of election expenses about to be
transmitted by me to the Chief Election Officer at the said
election, and now shown to me and marked ......... and to
LAWS OF GUYANA
Representation of the People Cap. 1:03 207
L.R.O. 1/2012
the best of my knowledge and belief that return is correct;
And I hereby further solemnly and sincerely declare
that except as appears from that return I have not and to
the best of my knowledge and belief no other person nor
any club, society or organisation has on behalf of the said
group of candidates made any payment, or given,
promised, or offered any reward, office, employment, or
valuable consideration, or incurred any liability on And I
further solemnly and sincerely declare I have received from
the said group of candidates ........ dollars and no more (or
nothing) for the purpose of the said election, and that,
except as specified in the said return sent by me, no money,
security or equivalent for money has been paid, advanced,
given, or deposited by anyone to me or in my hands, or, to
the best of my knowledge and belief, to or in the hands of
any other person for the purpose of defraying any expenses
incurred on behalf of the said group of candidates on
account of, or in respect of the conduct or management of
the said election account of or in respect of the conduct or
management of the said election;

Signature of declarant ........................
Signed and declared by the above-named declarant on
the ………………….. day of .................. 20.......at......................
before me
(Signed).......................
Justice of the Peace
_________

LAWS OF GUYANA
208 Cap. 1:03 Representation of the People
L.R.O. 1/2012
THE REPRESENTATION OF THE PEOPLE ACT
GENERAL ELECTIONS
DECLARATION OF ELECTION EXPENSES BY
CANDIDATE
I....................... having been one of the candidates in
the ............. party’s group of candidates for the 20 .....
general election do hereby solemnly and sincerely declare
that I have examined the return of election expenses
(about to be) transmitted by the election agent of the .........
group of candidates to the Chief Election Officer at the
said election, a copy of which is now shown to me and
marked .......... and to the best of my knowledge and belief
that return is correct;
And I further solemnly and sincerely declare that,
except as appears from that return, I have not, and to the
best of my knowledge and belief no person, nor any club,
society, or organisation, has on behalf of the said group of
candidates made any payment, or given, promised, or
offered any reward, office, employment, or valuable
consideration, or incurred any liability on account of or in
respect of the conduct or management of the said election;
And I further solemnly and sincerely declare that I
have paid to the group’s election agent the sum of........
dollars and no more for the purpose of the said election,
and that, except as specified in the said return, no money,
security, or equivalent for money has to my knowledge or
belief been paid, advanced, given, or deposited by anyone
to or in the hands of the group’s election agent or any other
person for the purpose of defraying any expenses incurred
on my behalf on account of or in respect of the conduct or
FORM 28
[O. 50/1980]
s. 108(3)
LAWS OF GUYANA
Representation of the People Cap. 1:03 209
L.R.O. 1/2012
management of the said election;
And I further solemnly and sincerely declare that I will
not, except so far as I may be permitted by law, at any
future time make or be party to the making or giving of any
payment, reward, office, employment, or valuable
consideration for the purpose of defraying any such
expenses as last mentioned, or provide, or be party, to the
providing of any money, security, or equivalent for money
for the purpose of defraying any such expenses.
Signature of declarant .....................
Signed and declared by the above-named declarant on
the.............. day of ...................... at ....................
Before me
Signed..............................................
Justice of the Peace
_______________________
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