L.R.O. 1/2012
LAWS OF GUYANA
LOCAL AUTHORITIES (ELECTIONS) ACT
CHAPTER 28:03
Act
23 of 1969
Amended by
4 of 1972 3 of 1998
6 of 1981 13 of 1998
10 of 1986 18 of 1999 10 of 1990 11 of 2001 13 of 1990 13 of 2002 22 of 1990 19 of 2003
7 of 1994 20 of 2004 12 of 1994 26 of 2009 21 of 1997 2 of 2012
Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 222 ... 1/2012
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General
Note
This Act shall be read in conjunction with the Local Authorities (Elections)
(Amendment) Act, 1990, No. 10 of 1990; the Local Authorities (Elections)
(Amendment) Act, 1994 , No 7 of 1994; and the Local Authorities (Elections)
(Amendment) Act, 2012, No. 2 of 2012;
Index
of
Subsidiary Legislation
Page
Local Authorities (Elections) (Registration of Voters) Order 159
(O.31/1970)
Local Authorities (Elections) (Registration of Voters) (No.2) Order 162
(O.83/1970)
Local Authorities (Elections) (Forms) Regulations 164
(Reg.9/1970, 10/1970)
Validity of Election and Disputed Vacancies (Local Authorities)
Rules
199
(R.2/1970)
Note
on
Revision Date
This Act has been revised up to December 31st, 2012.

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CHAPTER 28:03
LOCAL AUTHORITIES (ELECTIONS) ACT
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
1. Short title.
2. Interpretation.
Supervision of Elections
3. Supervision of elections by Minister.
Chief Election Officer and Registration and other
Election Officers
4. Staff of Chief Election Officer.
5. Appointment of registration and election officers.
6. Responsibility of registration and election officers.
7. Oath of office.
PART II
REGISTRATION OF VOTERS
Preparations of Registers of Voters
8. Registration order.
9. Manner of compilation of register of voters.
9A. Registration division and polling division.
10. Qualifications for registration.
11. Compilation of preliminary list.
12. Notice inviting applications for registration.
13. Assistant electoral registrar to receive applications.
14. Applications to be made personally.
15. Applications for registration.
16. Allowance of application for registration.

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17. Disallowance of application for registration.
18. Preservation of order.
19. Submission of supplementary lists.
20. Hearing of objections by electoral registrar.
21. Registrar General to supply information as to births and deaths.
22. Correction of lists.
23. Certification of lists.
24. Insertion in register of names omitted through inadvertence.
24A. Correction of register of voters by Elections Commission.
Miscellaneous Registration Offences
25. Offences by registration officers.
26. Destroying or altering documents.
27. False applications.
28. False statements.
29. Obstruction.
General
30. Supply of forms.
31. Mode of sending documents to electoral registrar.
32. Publication of notices by registration officers.
33. Assistance to incapacitated persons.
34. Expenses of registration.
PART III
ELECTIONS
Day for Holding Elections and Electoral System
35. Election day.
36. Postponement of election day.
36A. Power to postpone election; validation.
37. Election to be by secret ballot.
38. Electoral system.
38A. Requirement for proportional representation, constituencies and
individuals.
39. Polling places.
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SECTION
Qualification of Councillors
40. Qualifications and disqualifications.
Lists of Candidates
41. Notice of day for submission of lists.
42. Returning officer to receive lists.
43. Lists to be submitted by registered voters.
44. Requirements of lists.
44A. Requisite number of registered voters submitting a list or an
individual
44B. Voting and allocation of seats for the proportional representation
and constituency.
45. Representatives of lists.
46. Defective lists.
47. Corrections to lists.
48. Applications for symbols.
49. Approval of lists.
50. Appeal against refusal of approval.
51. Publication of lists.
52. Withdrawal of lists.
53. Death or withdrawal of candidate.
54. Election of candidates on unopposed list.
Agents
55. Appointment of election agents.
56. Appointment of assistant agents, counting agents and polling
agents.
57. Actions of assistant agents.
58. Liability of candidates for offences by election agents.
Entitlement to Vote
59. Registered voter to vote in person.
60. Place of voting.
61. Place of voting in special cases.
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62. Entitlement to apply to vote by proxy.
63. Requirements of application for appointment of proxy.
64. Notice of appointment as proxy and list of proxies.
65. Cancellation of appointment as proxy.
Preparation for the Poll
66. Notice of poll.
67. Division of official list of voters.
68. Display of part of official list of voters.
69. Preparation of polling places.
70. Printing of directions for voting and ballot papers.
71. Requirements of ballot papers.
71A. Requirement of ballot paper for constituencies.
71B. Separation of ballot paper for proportional representation and
constituencies.
72. Supplies of election material.
73. Display of lists of candidates.
74. Custody of election material.
Procedure for voting for specified Disciplined Forces
74A. Definitions.
74B. Application of part.
74C. Appointment of ballot officers, ballot attendants and balloting places
for the purposes of this part.
74D. List of electors entitled to vote under this part.
74E. Balloting.
74F. Safe custody of ballot boxes until handed over to the returning
officer on election day.
74G. Application of certain provisions relating to penalties to balloting
under this part.
74H. Modification, etc., of provisions of Act.
74I. Overriding effect of this part.
The Poll
75. Place and time of poll.
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SECTION
76. Appointment of candidate to attend poll.
77. Opening of poll.
78. Applicant to vote to hand identification card to poll clerk.
79. Duty of presiding officer upon application for ballot paper.
80. Issue of ballot paper.
81. Mode of voting.
82. Blind and incapacitated voters.
83. Tendered ballot papers and entries in poll book.
84. Maintenance of secrecy at polling place.
85. Molestation of voters.
86. Preservation of order at polling place.
87. Closing of spirit shops.
88. Employees to be given time to vote.
89. Adjournment of poll.
90. Procedure on closing of poll.
Counting of Votes and Ascertainment of Election Results
91. Presiding officer to count votes.
92. Candidates appointed to attend count.
93. Attendance at count.
94. Method of counting.
94A. Counting of votes for proportional representation.
94B. Counting of votes for constituencies.
94C. Further procedure in counting.
94D. Ascertaining of votes and declaration of o results by Returning
Officer.
95. Recounts.
96. Procedure on conclusion of count.
97. Maintenance of secrecy at count.
98. Ascertainment of election results.
99. Allocation of seats.
100. Candidates elected.
101. Notification of election results.
102. Certificates of election.
103. Filling of casual vacancies.
104. Election report.
105. Custody of election documents.

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Election Expenses
106. Making of contracts through election agents.
107. Payment of expenses.
108. Petty expenditure.
109. Maximum expenses.
110. Remuneration of election agent.
111. Period for claims for payment of election expenses.
112. Exemption of act done in good faith from being illegal practice.
113. Saving for creditors.
114. Prohibition of expenses not authorised by election agent.
Illegal Payment, Employment, Hiring
115. Providing money for illegal purpose.
116. Corrupt withdrawal of candidate.
117. Prohibition of certain forms of employment.
118. Illegal hiring of transport for voters.
119. Use of certain premises as committee room prohibited.
120. Penalty for illegal payment, employment or hiring.
Illegal Practices
121. Certain expenditure to be illegal practice.
122. Disorderly behaviour at election meeting.
123. False statements concerning candidates.
124. Election publications.
125. Miscellaneous illegal practices.
126. Plural voting.
127. Penalty for illegal practice.
Corrupt Practices
128. Treating.
129. Undue influence.
130. Bribery.
131. Personation.
132. General penalty for corrupt practices.
133. Penalty for personation.
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SECTION
134. Disqualification.
Miscellaneous Election Offences
135. Offences in relation to ballot boxes and ballot papers, identification
cards and appointments as proxy.
136. Voting when not entitled.
137. Interference with notices and lists.

General
138. Property in election material.
139. Limitation of time for prosecution of election offences.
140. Certificate of returning officer.
141. Offences by bodies corporate.
142. Special provision as to convictions.
143. Publication of notices by election officers.
144. Expenses of election.
145. Meaning of “committee room”.
145A. Application of sections 2, 4, 5 and 6 of the Local Authorities
(Elections) (Amendment) Act 1990 to elections to neighbourhood
democratic councils.
145B. Application of General Elections (Observers) Act to local
government elections.
PART IV
ELECTION AND MEMBERSHIP CONTROVERSIES
Disputed Elections
146. Method of questioning validity of election.
147. Presentation and service of election petition.
148. Time for presentation of election petition.
149. Amendment of election petition.
150. Security for costs.
151. Service of petition.
152. Objections to security.
153. Dismissal of petition on failure to give security.
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154. Substitution of petitioner on failure to give security.
155. Petition at issue.
156. Trial of petition.
157. Witnesses.
158. Power of Court to summon witnesses.
159. Obligation of witness to answer.
160. Voter not to be asked for whom he voted.
161. Expenses of witnesses.
162. Production of election documents.
163. Scrutiny.
164. Withdrawal of petition.
165. Evidence required for withdrawal of petition.
166. Punishment for corrupt withdrawal.
167. Substitution of new petitioner on withdrawal of petition.
168. Report on withdrawal.
169. Abatement of petition.
170. Withdrawal and substitution of respondents before trial.
171. Avoidance of election of candidate for corrupt or illegal practice or
lack of qualification.
172. Re-allocation of seats.
173. Avoidance of election for widespread corrupt or illegal prac- tices.
174. Conclusion of trial of petition.
175. Case stated.
176. Costs of petition.
177. Further provision as to costs.
178. Report of the Court.
179. Exemption from liability.
180. Removal of incapacity.
Disputed Vacancies
181. References of questions as to vacancy in local authority.
182. Contents, delivery and service of vacancy petition.
183. Security for costs.
184. Service of petition.
185. Parties to vacancy petition.
186. Application of provisions.
187. Determination of vacancy petition.

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SECTION
Disputes Regarding Elections to Certain Offices
188. References to the Court.
189. Delivery of reference.
190. Security for costs.
191. Parties to a reference.
192. Determination of references.
General
193. Powers exercisable by single Judge.
194. Service of notices.
195. Costs.
196. Powers of Court.
197. Matters to be prescribed by rules of court.
PART V
MISCELLANEOUS AND TRANSITIONAL PROVISIONS
198. Regulations.
199. Rules of Court.
200. Exemption from stamp duty.
201. Publication of notices by local authority.
202. Duty not to disclose fingerprints.
203. Prosecutions and penalties.
204. Expenses of Chief Election Officer.
205. Removal of difficulties.
SCHEDULE—Officers disqualifying for office as Councillor.
__________________________

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LOCAL AUTHORITIES (ELECTIONS) ACT
CHAPTER 28:03
23 of 1969 An Act to make provision for the election of members of
Local Authorities, for the preparation of Electoral
Registers for the purposes of such elections, for the
determination of disputes in connection with such
elections and of disputes in connection with elections
to certain offices in Local Authorities and for matters
incidental to and connected with the aforesaid
purposes.
.
[28TH APRIL,1970]
Short title.
Interpretation.
[12 of 1994
26 of 2009]
1. This Act may be cited as the Local Authorities
(Elections) Act.
2 . In this Act—
“assistant agent” means an assistant agent appointed by an
election agent under section 56;
“carriage” includes a mechanically propelled vehicle;
“central register” means the register for the time being in
which the names of persons appear by reason of their
respective registration and pursuant to which an
identification card is issued to each of them;
“certificate of employment” means a certificate issued under
section 61;
“Chief Election Officer” means the person appointed as such
for elections to the National Assembly;

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“clerk of the local authority” means the officer of a local
authority declared by the Act under which it is
constituted to be the clerk thereof for the purposes of this
Act;
“Commission means the Elections Commission established by
article 161 of the Constitution;
“costs” includes charges and expenses;
“councillor” means a councillor of a local authority;
“Court” means the High Court;
“disciplined force” has the same meaning as in article 154 of
the Constitution,
“election” means an election of councillors;

“election day” means the day appointed by order of the
Minister under section 35 for the holding of an election;
“election officer” means—
(a) a returning officer;
(b) a deputy returning officer;
(c) an election clerk;
(d) a presiding officer;
(e) an assistant presiding officer;
(f) a poll clerk;
“group of candidates” means the candidates named in an
official list of candidates;
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“identification card” means the document, or copy thereof,
pertaining to the identity of a person and which is issued
to him pursuant to the enactment for the time being in
force regulating his registration;
“Judge” means a Judge of the Court;
“local authority” means any local authority which is declared
by the Act or the Ordinance under which it is constituted
to be a local authority to which this Act applies and to be
a local authority within the meaning of this Act;
“local authority area” means the area administered by a local
authority;
“member”, in relation to a disciplined force, has the same
meaning as in article 154 of the Constitution;
“payment” includes any pecuniary or other reward;
“personal expenses” when used in relation to the personal
expenses of a candidate include his reasonable travelling
expenses and the reasonable expenses of his living at
hotels or elsewhere for the purpose of or in connection
with an election;
“preliminary list” means a preliminary list of voters having
residential qualifications prepared under section 11;
“presiding officer” includes an assistant presiding officer;
“public officer” has the same meaning as in article 232 of the
Constitution;

“qualifying date” means such date as may be appointed by
the Commission with reference to which a register of
voters shall be compiled;
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Supervision of
elections by
Commission.
“register of voters” means a register of voters for a local
authority area compiled under this Act;
“registered voter” means a person whose name appears on a
register of voters;
“Registrar” means the Registrar of the Court;
“registration officer” means—
(a) an electoral registrar;
(b) a deputy registrar;
(c) an assistant electoral registrar;
“registration order” means an order made by the Commission
under section 8;
“returning officer” includes a deputy returning officer;
“signature” includes the mark of a person who is unable to
read or write;
“supplementary list” means a supplementary list of voters
registered as such and prepared under this Act.
Supervision of Elections

3 . (1) The Commission shall—
(a) exercise general direction and
supervision over the registration of
voters and over the administrative
conduct of elections;
(b) issue such instructions and take such
action as appears to the Commission
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necessary or expedient to ensure
impartiality, fairness and compliance
with Parts II and III on the part of
registration and election officers and
other persons exercising powers or
performing duties connected with or
relating to the registration of voters
and the administrative conduct of
elections;
(c) exercise such other powers and
discharge such other duties as the
Commission is required or
empowered to exercise or discharge
by or under this Act.
(2) The Commission shall have power, if the
Commission thinks it necessary or desirable so to do, to
extend the time for doing anything required to be done by or
under Parts II and III, and where by or under those Parts any
act is required to be done not later than a specified number of
days before election day the Commission shall have power, if
the Commission thinks it necessary or desirable so to do, to
extend the time allowed by reducing the number of days so
specified; and the following provisions shall have effect in
relation to any power conferred by this subsection:
(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 Minister shall, as soon as
practicable after any exercise of the
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Staff of Chief
Election
Officer.
Appointment
of registration
and election
officers.

Responsibility
of registration
and election
officers.
[7 of 1994]
power, publish in the Gazette a
notification thereof, which shall
include a brief statement of the
reasons for, and the effect of, that
exercise.

Chief Election Officer and Registration
and other Election Officers
4. The Chief Election Officer shall have such staff as
may be necessary or desirable to enable him to exercise his
functions under this Act.
5. (1) There shall be appointed for any local authority
area for which a registration order is made an electoral
registrar and such deputy registrars, assistant electoral
registrars and other staff as may be necessary or desirable for
the preparation of the register of voters for that area, but an
electoral registrar may be appointed for more than one local
authority area.
(2) There shall be appointed for any local authority
area in which an election is to be held a returning officer and
an election clerk and for each polling place therein a presiding
officer and a poll clerk; and there may further be appointed
such deputy returning officers and assistant presiding officers
and other staff as may be necessary or desirable for the
conduct of the election.
(3) The electoral registrar and the returning officer
shall forthwith after they have taken their respective oaths of
office establish offices and shall publish notices specifying the
addresses thereof.
6. All registration officers and all election officers
shall in the exercise of the powers and discretions vested in
them and of the duties required to be discharged by them be
responsible to the Elections Commission.
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Oaths of office.

Registration
order.
7.(1) The Chief Election Officer, every registration
officer and every election officer shall, before performing any
of the functions of their offices under this Act, take the
appropriate oath for his office in the prescribed form.
(2) The Chief Election Officer shall take his oath of
office before a justice of the peace; and registration officers
and election officers shall take their oaths of office before a
justice of the peace, the Chief Election Officer, another
registration officer or another election officer.

(3) Every justice of the peace is hereby empowered
to administer any oath required by this Act; and the Chief
Election Officer and every registration officer and every
election officer is empowered to administer any such oath
other than the oath of office of the Chief Election Officer:
Provided that the Chief Election Officer and no
registration officer and no election officer shall administer an
oath until he has taken his oath of office.
PART II
REGISTRATION OF VOTERS
Preparation of Register of Voters
8. (1) The Commission may by order require the
preparation of a register of voters for any local authority area
and may by such order require the preparation of a register
for each of more than one such area.

(2) An order made under this section may
prescribe or provide for—
(a) a qualifying date;
(b) the day not later than which the
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electoral registrar shall publish under
section 12 the preliminary list;
(c) the days to be specified in the notice
published under section 12 on which
applications may be made for
registration as voters;
(d) the days on which objections may be
lodged against the inclusion of names
in the preliminary lists and on which
applications may be made by persons
whose names appear in the
preliminary list for correction of their
particulars as shown in the list;
(e) the day not later than which the
supplementary lists and all forms of
objections and applications for
correction of particulars shall be sent
by the assistant electoral registrar to
the electoral registrar under section
19;

(f) the day not later than which the
electoral registrar shall hear and
determine under section 20 objections
and applications for correction of
particulars;
(g) the day not later than which the
electoral registrar shall correct the
preliminary and supplementary lists
under section 22.
(3) An order made under this section shall be
published in the Gazette and a copy thereof published by the
local authority to which it relates.
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Manner of
compilation of
register of
voters.
Registration
division and
polling
division.
[7 of 1994]
Qualifications
for registration.
9. The register of voters for each local authority area
shall be compiled in accordance with the provisions of this
Part.
9A. In the compilation of the register of voters each
people’s co-operative unit shall be deemed to be a registration
division and the register of voters prepared separately in
respect of each people’s co- operative unit.
10. (1) A person shall be qualified to be registered as a
voter for a local authority area if, and shall not be so qualified
unless, on the qualifying date he is qualified to be
registered as an elector for elections to the National
Assembly and he is ordinarily resident within the local
authority area.
(2) The following rules shall apply to the
interpretation of the expression “ordinarily resident” with
reference to the qualification of a person to be registered as a
voter:
(a) subject to this subsection, the question
whether a person is or was ordinarily
resident at any material time or
during any material period shall be
determined by reference to all facts of
the case;
(b) the place of ordinary residence of a
person is generally that place which
has always been, or which he has
adopted as, the place of his habitation
or home to which place, when away
therefrom, he intends to return; and in
particular, when a person normally
sleeps in one place and has his meals
or is employed in another place, his
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Compilation of
preliminary
list.
[25 of 1990
7 of 1994]


Notice inviting
application for
place of residence is where he sleeps;
(c) in general, a person’s place of
residence is where his family is; if he
is living apart from his family with
intent to remain apart in another
place, his place of residence is such
other place;
(d) temporary absence from a place of
residence does not cause a loss or
change of residence; but where a
person is, by reason of his
employment, absent on the date of his
application to be registered as a voter
from the place where he is ordinarily
resident, he shall be deemed, if he so
elects, to be ordinarily resident at the
place of his employment instead of at
his place of residence.
11. (1) The electoral registrar shall compile the
preliminary list of voters for the local authority area by
extracting from the official list of electors prepared under the
Election Laws (Amendment) Act 1990 for the general and
regional elections held in 1992, the names and other
particulars therein given of persons whose addresses are
recorded in such official list of electors as within the area; and
the electoral registrar shall certify the preliminary list in the
prescribed form.
(2) Any person whose name appears in the
preliminary list as certified under subsection (1) may give
notice, within the period specified in a registration order and
in the manner hereinafter mentioned, objecting to the
inclusion in the preliminary list of any person.
12. (1) The electoral registrar shall, not later than such
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registration.
[7 of 1994]

day as may be prescribed by the registration order, publish a
copy of the preliminary list, together with a notice in the
prescribed form inviting—
(a) every person, whose name does not
appear in the preliminary list, who
believes himself to be qualified to be
registered as a voter for the local
authority area, to apply to an assistant
electoral registrar to be so registered;
(b) any person whose name appears in
the preliminary list to—

(i) lodge an objection in writing in
the prescribed form with an
assistant electoral registrar to
the inclusion in the preliminary
list of any person, on the
ground that by reason of the
facts stated in the objection
such person is not qualified to
be registered as a voter for the
local authority area; and
(ii) forward by registered post a
copy of his objection to the
person to whose inclusion in
the preliminary list objection is
made;
(c) any person whose name appears in
the preliminary list whose particulars
are incorrectly stated in the
preliminary list to lodge an
application in writing in the
prescribed form with an assistant
electoral registrar for the appropriate
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Assistant
electoral
registrar to
receive
applications.
corrections to be made.
(2) [Deleted by 7 of 1994]
(3) The electoral registrar shall send copies of the
preliminary list to the Elections Commission and to the
Registrar of births and deaths.
(4) The notice required to be published under
subsection (1) shall specify the days on which (which shall be
the days prescribed by the registration order) and the hours
between which and the place or places where application may
be made or objections lodged.
(5) Not later than three days after the latest day
allowed for the lodging of objections to the inclusion of any
person in the preliminary list, the assistant electoral registrar
shall affix at the place or places appointed for the lodging of
objections a list of objections which shall state—
(a) the name, occupation, place of
residence and postal address of any
person to whose inclusion in the
preliminary list objection has been
made;
(b) the name, occupation, place of
residence and postal address of the
person making the objection;
(c) the grounds of each objection.

13. An assistant electoral registrar shall attend on the
days and between the hours and at the place or places
specified in the notice given under section 12 to receive
applications made and objections lodged pursuant to that
notice.
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Applications
to be made
personally.
Applications
for registration
14. Every application for registration as a voter for
the local authority area made pursuant to section 12(1) shall
be made personally and in the manner hereinafter provided
to an assistant electoral registrar at a place and on a day, and
at an hour on such day, specified in the notice given under
section 12.
15. (1) Every applicant for registration as a voter, in
so far as the following requirements may be applicable in
relation to him, shall—
(a) furnish in writing in the prescribed
form the following particulars,
namely—
(i) his surname and other names;
(ii) the address at which he is
ordinarily resident;
(iii) his occupation;
(iv) his nationality;
(v) the place and date of his birth;
(vi) the country of his domicile;
(vii) whether his name is included in
the preliminary list or in the
central register and if the latter
the place of registration;
(viii) the serial number of his
identification card (if any);
(ix) such further particulars as the
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assist-ant electoral registrar
may, in any particular case,
reasonably consider necessary
for the purpose of enabling him
to determine the application;
(b) produce a birth or baptismal
certificate, if so required by the
assistant registrar;
(c) furnish such documentary or other
proof of any of the particulars
specified in paragraph (a) of this
subsection as the assistant electoral
registrar may in any particular case
reasonably consider necessary to
satisfy himself of the truth thereof;
(d) comply with such requirements of the
assist-ant electoral registrar as may be
reasonably necessary for the
measurement and recording of his
height;
(e) comply with such requirements of the
assist-ant electoral registrar as may be
reasonably necessary for the taking
and recording of his left thumb-print,
or if this is not possible, of some other
single fingerprint;
(f) answer any questions which the
assistant electoral registrar may, in
any particular case, reasonably
consider necessary to ask for the
purpose of enabling him to decide
whether the applicant is qualified to
be registered as a voter.
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Allowance of
application
for registration
Disallowance of
application for
registration.
(2) Every application under this section shall—
(a) be completed in the presence of the
assistant electoral registrar;
(b) be signed by the applicant.
(3) No application shall be entertained under this
section, unless the applicant produces his identification card
to the assistant electoral registrar, or the assistant electoral
registrar is otherwise satisfied as to the identity of the
applicant.
(4) An applicant for registration under this section
as a voter in the local authority area shall, if he is registered as
a voter in another local authority area or if his name appears
in a preliminary list of another such area, at the time of his
application under this section for registration as a voter,
request the assistant electoral registrar to cause his name to be
deleted from the register of voters or the preliminary list, as
the case may require, for the other local authority area; and
thereupon the assistant electoral registrar shall complete the
prescribed form at the direction of the applicant and forward
it duly completed to the electoral registrar of that other
local authority area, who shall delete the applicant’s name
from the register of voters or the preliminary list therefor, as
the case may be.
16. If the assistant electoral registrar is satisfied that
an applicant for registration as a voter, who has complied
with the requirements of sections 14 and 15, is qualified to be
registered as a voter for the local authority area, he shall allow
his application.

17. (1) The assistant electoral registrar shall disallow
the application to him of any person for registration as a voter
for the local authority area who—
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Preservation of
order.
[7 of 1994]
(a) is not entitled to apply to him under
sections 14 and 15;
(b) being entitled so to apply has not
complied with the provisions of those
sections or has not satisfied him that
he is qualified to be registered as such
a voter.
(2) The assistant electoral registrar shall prepare in
duplicate, and shall deliver to a person whose application for
registration as a voter for the local authority area has been
disallowed by him the original of a notice of disallowance
which shall—
(a) be in the prescribed form;
(b) specify the grounds upon which the
application has been disallowed;
(c) be signed by the assistant electoral
registrar.
(3) The assistant electoral registrar shall deliver the
duplicate of every notice of disallowance to the electoral
registrar.
18. (1) An assistant electoral registrar may, for the
purpose of maintaining order at a place appointed for
applying for registration as a voter—
(a) regulate the admission of applicants;
(b) exclude all other persons except—
(i) the Chairman and other
members of the Elections
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Submission of
supplementary
Commission;
(ii) the Chief Election Officer;
(iii) registration officers;
(iv) members of the Police Force on
duty;
(iva) local observers approved by the
Elections Commission;
(v) such other persons who, in his
opinion, have good reason to be
admitted;

(c) issue such directions as may
reasonably be necessary for such
purposes.
(2) If any person (whether entitled to enter or not)
misconducts himself at a place appointed for applying for
registration as a voter or fails to obey the lawful directions of
the assistant electoral registrar, he may immediately, by
order of the assistant electoral registrar, be removed
therefrom by a member of the Police Force or by any other
person authorised in writing by the assistant electoral
registrar to remove him, and the person so removed shall
not, without the permission of the assistant electoral
registrar, again enter the place during that day.
(3) Any person removed from a place appointed
for applying for registration as a voter may, if charged with
the commission of an offence at that place, be dealt with as a
person taken into custody by a member of the Police Force for
an offence without warrant.
19. Not later than such day as may be prescribed by
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lists.

Hearing of
objections by
electoral
registrar.
the registration order, each assistant electoral registrar shall
send to the electoral registrar—
(a) a supplementary list of persons registered as
voters by him in which he shall set out the
name, the address, the occupation and the
serial number of the identification card of
every person whose application to be
registered as a voter for the local authority
area he has allowed under section 16
together with—
(i) all application forms to be registered
as a voter for the area;
(ii) the duplicates of all notices of
disallowance issued under section 17;
(b) all forms of objection received by him
pursuant to section 12 together with all
relevant documents;
(c) all applications for corrections of particulars
in the preliminary list received by him
pursuant to section 12.

20. (1) The electoral registrar shall not later than such
day as may be prescribed by the registration order, hear and
determine objections and applications for corrections of
particulars duly lodged under section 12.
(2) The electoral registrar shall—
(a) publish a notice of the place at which,
the day on and hours between which
he will hear objections, applications
for corrections of particulars in the
preliminary list and the names of the
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persons and the reasons involved in
such objections and applications;
(b) send by registered post a notice of
hearing in the prescribed form to the
parties to each objection and
application to be heard thereat.
(3) At the hearing of the objection or application
for correction of particulars, the objector, the applicant and
any person whose registration as a voter for the local
authority area is complained of shall have a right to appear
and to be heard either in person or by his legal representative
or by any other person authorised by him in writing:
Provided that the electoral registrar may proceed to
determine the objection or application in the absence of any
such person.
(4) The electoral registrar may regulate the
procedure at any hearing under this section.
(5) The electoral registrar shall have, for the
purposes of hearing and determining an objection, all the
powers of an assistant electoral registrar under sections 15 to
17 inclusive.
(6) If an objection to the registration of a person,
whose name is included in the preliminary list issued under
section 11, is allowed by the electoral registrar, the latter shall
delete the entry of such name from that list.
(7) If the electoral registrar quashes a decision of
an assistant electoral registrar allowing the application of a
person to be registered as a voter for the local authority area,
he shall endorse to that effect the application of such person
to be so registered.

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Registrar
General to
supply
information as
to births and
deaths.

c.44:01
Correction of
lists.
(8) The electoral registrar may, if he is of opinion
that an objection was made without reasonable cause, order
the deposit accompanying the objection to be forfeited to the
council; but if no such order is made the deposit shall be
refunded.
(9) A deputy registrar shall, if directed by the
Minister so to do, hear and determine objections and
applications lodged under section 12, and he shall, for such
purposes, have all the powers of an electoral registrar under
this section.
21. The Registrar General of births and deaths upon
the request of a registration officer made under this section
shall furnish free of charge to such registration officer—
(a) information whether the birth of any applicant
for registration as a voter for the local
authority area has been registered under the
Registration of Births and Deaths Act;
(b) particulars of any entries pertaining to any
such applicant in any register of births or
certified copy thereof kept by him under
that Act.
22. (1) Not later than such day as may be prescribed
by the registration order the electoral registrar shall correct
the preliminary list—
(a) by deleting therefrom the names of
persons so as to give effect to his or a
deputy registrar’s determination
under section 20 of objections, and the
names of persons who have, on
application to be registered as voters
for another local authority area,
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Certification of
lists.
[7 of 1994]
applied under section 15(4) to have
their names deleted;
(b) by making such corrections thereto so
as to give effect to his or a deputy
registrar’s determination under
section 20 of applications for
corrections of particulars therein and
by way of rectification of clerical
errors, removal of duplicate entries,
insertion of names accidentally
omitted, amendment of particulars of
entries or otherwise as are necessary
to ensure that the preliminary list is
complete and accurate.
(2) Not later than such day as may be
prescribed by the registration order the electoral registrar
shall correct the supplementary lists by way of rectification of
clerical errors, removal of duplicate entries, insertion of
names accidentally omitted, amendment of particulars of
entries or otherwise to ensure that the supplementary lists are
complete and accurate.
23. (1) Upon completion of the correction of the
preliminary list and of the supplementary lists the electoral
registrar shall certify them in the prescribed form and shall
publish a copy thereof so certified and shall send to the
Elections Commission a certified copy.
(2) At the time of the publication pursuant to
subsection (1), the electoral registrar shall likewise publish a
notice setting out the names of persons deleted from the
preliminary and supplementary lists.
(3) When certified under subsection (1) the
preliminary list and the supplementary lists shall together
constitute the register of voters for the local authority area.
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Insertion in
register of
names omitted
through
inadvertence.
[7 of 1994]
Correction of
register of
voters by
Elections
Commission.
[12 of 1994]
Offences by
registration
officers.
(4) The register of voters for the local authority
area shall come into force at such time as shall be
prescribed by the Elections Commission by notice published
in the Gazette and shall be open for inspection at all
reasonable times at the offices of the local authority, and
copies thereof shall be printed.
24. If at any time after the register of voters for the
local authority area has come into force under section 23 the
Elections Commission is satisfied that the name of any person
whose name was included in the preliminary list or a
supplementary list prior to correction by the electoral
registrar under section 22 has through inadvertence been
omitted from that register of voters, the Elections Commission
shall instruct the Chief Election Officer to insert in the register
the name and other particulars of the person concerned,
initial the correction and notify the person of the insertion.
24 A. If at any time whether before or after the register
of voters for a council area or a local authority area has come
into force the Elections Commission is satisfied from evidence
brought to its attention that any person who is eligible to be
listed as a voter, and has satisfied the conditions therefor, has
been omitted from the register of voters or any person who is
not eligible to be registered as a voter has been included
therein and that the said register of voters could not be
corrected by the normal procedure set out in this Part, the
Elections Commission shall cause the register of voters to be
corrected in such manner as it considers appropriate or direct
the Chief Election Officer or any other person regarding the
extent to, and the manner in, which the register of voters shall
be corrected.
Miscellaneous Registration Offences
25. Any registration officer who—

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Destroying or
altering
documents
False
applications.
False state-
ments.
Obstruction.
(a) wilfully omits from a preliminary or
supplementary list or from a register of
voters the name of any person entitled to
have his name entered therein;
(b) wilfully enters in a preliminary or
supplementary list of voters or in a register
of voters the name of any person who is not
entitled to have his name entered therein; or
(c) when performing his functions under this
Part, attempts to ascertain the manner in
which any person intends to vote at an
election or to influence any person as to the
manner of exercise of his vote, shall be
guilty of an offence.
26. Any person who, without lawful authority
destroys, mutilates, defaces or removes, or makes any
alteration in, a preliminary or supplementary list or register
of voters, or an identification card, notice of disallowance or
other document made or issued in connection with the
registration of voters shall be guilty of an offence.
27. Any person who applies to be registered as a
voter upon grounds which he knows to be false or does not
believe to be true, shall be guilty of an offence.
28. Any person who makes to a registration officer,
when performing his functions under this Part, any oral or
written statement which he knows to be false or does not
believe to be true shall be guilty of an offence.
29. Any person who assaults, resists, obstructs or
wilfully delays a registration officer in the performance of his
duties under this Part shall be guilty of an offence.

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Supply of
forms.
Mode of
sending
documents to
electoral
registrar.
Publication of
notices by
registration
officers.
Assistance to
incapacitated
persons

Expenses of
registration.
[7 of 1994]
General
30. It shall be the duty of the electoral registrar to
ensure that such of the prescribed forms as may be required
by the public in the local authority area for the purposes of or
incidental to their registration as voters for that area are
readily available, free of charge.
31. Any notice or other document which under this
Part is to be sent to the assistant electoral registrar or the
electoral registrar shall be sent to him by registered post at his
office or delivered by hand.
32. Where any notice or other document is required
by any provision of this Part to be published by a registration
officer, he shall cause the same to be affixed to the offices of
the local authority and of the electoral registrar and may
cause such further publication of the document as he may
think desirable to bring its contents to the attention of persons
residing in the local authority area.
33. A registration officer shall, at the request of any
applicant for registration as a voter who is unable by reason
of illiteracy or physical defect, to complete a prescribed form,
assist such person and shall make an endorsement thereon to
the effect that he has so assisted him at his request.

34. The expenses of the registration of voters
(including the payment of emoluments of registration officers
and their staffs) shall be paid out of funds provided by the
local authority of the area for which the registration is
ordered:
Provided that the expenses referred to in this section
in respect of the first elections to a local authority shall be
paid out of the funds provided by Parliament.

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Election day.
Postponement
of election
day.

Power to
postpone
election;
validation.
[10 of 1990
21 of 1997
3 of 1998
13 of 1999
18 of 2000
11 of 2001
13 of 2002
19 of 2003
20 of 2004
28 of 2010]
PART III
ELECTIONS
Day for Holding of Election and Electoral System
35. (1) An election shall be held on such day as the
Minister may by order appoint.
(2) An order under this section shall be published
in the Gazette and a copy thereof published by the local
authority to which it relates.
36. (1) If the Commission is satisfied that the holding
of an election on election day would be attended by danger or
serious hardship, the Commission may by order postpone the
election to a day specified in such order, which day shall then,
for the purposes of this Part, be election day.
(2) An order made under this section shall be
published in the Gazette and a copy thereof published by the
local authority to which it relates.
36A. (1) Where the Minister is satisfied, on the advice
of the Elections Commission, that it is impracticable to
comply with the provisions of this Act or the Local
Authorities (Elections) (Amendment) Act 1990 regarding the
date for the holding of an election to elect members of a local
democratic organ, he may, at any time by order, postpone
such date to a date specified in the said order or to a date to
be specified in a subsequent order, the postponed date being
not later than fourteen years from the date on which the
election should be held, and every person who is a councillor,
including the Mayor, Deputy Mayor, the Chairman or the
Deputy Chairman, on the date on which the election should
be held shall continue in, and discharge the function of, his
office until his successor enters on the duties of his office.

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Election to be
by secret ballot.
Electoral
system
[7 of 1994]
Requirement
for
proportional
representation,
constituencies
and
individuals.
[26 of 2009]
(2) All acts done or purported to be done by such
local democratic organ and the members, including the
Mayor, the Deputy Mayor, the Chairman and the Deputy
Chairman thereof, who continue in office in consequence of
the provisions of an order made under this section shall be
deemed to be lawfully and validly done and every such local
democratic organ and members thereof, including the Mayor,
the Deputy Mayor, the Chairman and Deputy Chairman,
shall be discharged and indemnified against all persons
from all legal proceedings in respect of or consequent on
such acts.
37. An election shall be conducted by secret ballot.
38. (1) The area of the local authority to which the
councillors are to be elected shall form one electoral area for
determining the result of the election; and votes shall be cast
in favour of lists of candidates published in accordance with
section 51.
(2) Elections shall be held in accordance with a
mixed system of proportional representation and first past the
post and shall provide for the involvement and representation
of individuals and voluntary groups in addition to political
parties and there shall be accountability to the electors.
38A. (1) A mixed system of proportional
representation and first past the post shall be used within
each local authority area and shall provide for 50 per cent of
the seats for proportional representation and 50 per cent for
constituencies.
(2) Members to be elected under the proportional
representation system shall be elected on a party list or
voluntary group list.
(3) Members to be elected for the first past the post
system shall be elected for a party, a voluntary group or as an
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individual whether or not nominated by a party or group.
(4) Each local authority area shall be divided into
constituencies for the purpose of electing members of the
municipalities and neighbourhood democratic councils.
(5) The Commission may by order combine or
subdivide one or more electoral divisions to form a
constituency for the purpose of electing members of that local
authority.
(6) The constituencies shall elect 50 per cent of the
members comprising that local authority area.
(7) The other 50 per cent of the elected members of
that local authority area shall be elected from the proportional
representation list.
(8) The Minister shall by order identify the local
authority areas where the elections shall be held.
(9) The Minister shall state for each local authority
area –
(a) the number of seats for each local authority
area;
(b) the number of councillors to be elected by
the proportional representation component
which shall be 50 per cent of the numbers so
named;
(c) the number of councillors to be elected by
the constituency component which shall be
50 per cent of the numbers so named.
(10) To contest the proportional representation
component a voluntary group or political party shall contest
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Polling places.
[7 of 1994]
Qualifications
and disqualifi-
cations.
Schedule.
all the proportional representation seats for that local
authority area.
(11) A voluntary group or a political party may put up
a list of candidates for the constituency component of the
election.
(12) To consent the constituency component a
voluntary group or political party may contest any number of
the constituencies for that local authority area.
(13) An individual candidate shall be entitled to
contest for only one seat in a single constituency.
(14) In this section and section 44A and 44B the
system of proportional representation referred to is known as
the largest remainder system using the “Hare Quota”.
39. There shall be for the local authority area such
polling places as the returning officer, subject to the approval
of the Elections Commission, may appoint; and each polling
place shall bear such numerical or other designation as may
be approved by the Elections Commission.
Qualifications of Councillors
40. (1) Subject to subsection (2), a person shall be
qualified to be elected as a councillor if, and shall not be so
qualified unless, he is a registered voter for the local authority
area to which he seeks election.
(2) No person shall be qualified to be elected as a
councillor, or if so elected to hold or continue in office as a
councillor if he—
(a) is the holder of or is acting in an office
specified in the Schedule;

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c. 36:02
(b) has been adjudged insolvent or has
made a composition or arrangement
with his creditors;
(c) has within twelve months before
election day or since his election
received any assistance under the
Poor Relief Act;
(d) has within five years before election
day or since his election been
surcharged to an amount exceeding
one thousand dollars;
(e) is, on the qualifying date or at the time
when he is elected a councillor,
serving a sentence of imprisonment of
not less than three months for any
offence or has since the election been
convicted of any offence and
sentenced to any such term of
imprisonment;
(f) has been disqualified from holding
office as a councillor pursuant to any
law;
(g) has within five years before election
day or since the election been
convicted of, or reported in the
certificate of the Court in connection
with, a corrupt or illegal practice;
(h) is unable to read or write the English
language;
(i) is a councillor of another local
authority or consents to the inclusion
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of his name in a list of candidates at
an election to another local authority:
Provided that—
(i) the disqualification attaching to
a person by reason of his
having been adjudged
insolvent shall cease—
(a) if the insolvency is
annulled either on the
ground that he ought not
to have been adjudged
insolvent, or that his
debts have been paid in
full, on the date of the
annulment; or
(b) if he is discharged with a
certificate that the
insolvency was caused
by misfortune without
any misconduct on his
part, on the date of his
discharge; or
(c) in any other case, on the
expiration of five years
from the date of his
discharge;
(ii) the disqualification attaching to a
person by reason of his having
made a composition or
arrangement with his creditors
shall cease—

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Notice of day
for submission
of lists.
[7 of 1994]
(a) if he pays his debts in full,
on the date on which the
payment is completed; or
(b) in any other case, on the
expiration of five years
from the date on which
the terms of the deed of
composition or
arrangement are fulfilled.
(iii) for the purposes of paragraphs
(d), (e), (f) and (g) the ordinary
date on which the period
allowed for making an appeal
or application with respect to
the surcharge or conviction
expires or, if such an appeal or
application is made, the date on
which the appeal or application
is finally disposed of or
abandoned or fails by reason of
the non- prosecution thereof,
shall be deemed to be the date
of the surcharge or conviction
as the case may be.
Lists of Candidates

41. (1) The Elections Commission shall by notice
appoint the day, being a day not later than the 21st day before
election day, on which lists of candidates may be submitted to
the returning officer, and there shall be included in the notice
particulars of the hours between which and the place at which
the returning officer will attend to receive the lists.
(2) A notice given under this section shall be
published in the Gazette and a copy thereof published by the
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Returning
officer to
receive lists.

Lists to be
submitted by
registered
voters.
Requirements
of lists.
[13 of 1990
26 of 2009]
returning officer.
42. The returning officer shall attend in accordance
with the notice given under section 41 to receive the lists of
candidates; and no list shall be received at any other time or
place.
43. A list of candidates may be submitted by the
following numbers of registered voters for the local authority
area, namely, the number set out in the Act under which the
local authority is constituted.
44. (1) A list of candidates shall be handed, together
with one copy thereof, to the returning officer by the
representative or the deputy representative of the list or by
two of the persons named as candidates on the list at the time
and place appointed; and the returning 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 the prescribed
form; and the submission shall bear the signature of each
person submitting the same together with his name and the
serial number of his identification card:
Provided that if any such person is unable to sign his
name, his mark, made against his name written by a justice of
the peace or public officer, shall be deemed to be his signature
for the purposes of this subsection but not for the purposes of
section 45.
(3) A list of candidates shall set out the names, one
below the other in the alphabetical order of the surnames, of
persons not less in number than the number of persons to be
elected as councillors and not more than such number plus
ten, being persons who are qualified to be so elected and who
have consented to the inclusion of their names in the list as
candidates for election, together with the address and
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Requisite
number of
registered
voters
submitting a
list or an
individual.
[26 of 2009]
occupation of each such person.
(4) Each list of candidates shall be accompanied by
a statutory declaration, in the prescribed form, by each person
named therein as a candidate of his qualifications and
consent, made before a justice of the peace, a commissioner of
oaths 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 selected
by the persons by whom it is submitted.
(6) Subject to section 44A, 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.
44A. (1) Each voluntary group or political party
shall submit for the proportional representation component
which it is contesting a list of names of persons qualified to be
elected for each local authority area (neighbourhood
democratic councils or municipalities); and each list of
candidates shall comprise ten or more names than the total
number of councillors for that local authority area as specified
in section 38A(9)(b) for the specific proportional
representation for which the list is submitted.
(2) Each voluntary group or political party shall
submit for the constituency component which it is contesting
a list of names of persons qualified to be elected to the local
authority area (neighbourhood democratic councils or
municipalities); and each list of candidates shall comprise the
number of councillors specified in section 388 A (9) (c) for the
specific constituency for which the list is submitted.

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(3) Each voluntary group or political party may
duplicate names on its proportional representation list and its
constituency list, subject to the following –
(a) a candidate’s name can appear on
only one proportional representation
list;
(b) a candidate’s name can appear on
only one constituency list;
(c) a candidate’s name can appear on a
proportional representation list and
also on a constituency list for the
same political party or voluntary
group save that a person shall not be a
candidate for more than on political
party or voluntary group and where
the candidate is allocated a seat based
on results in a constituency, that
candidate’s name cannot be extracted
from the proportional representation
list for membership of that local
authority area;
(d) a candidate for the proportional
representation list must be a
registered voter within the local
authority area and a resident within
that local authority area;
(e) a candidate for a constituency seat
must be a registered voter within that
constituency and a resident within
that constituency;
(f) an individual candidate contesting a
constituency must be a registered
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voter within that constituency and
resident within that constituency.
(4)(a) The proportional representation list of
candidates for municipal elections may be submitted by not
less than fifty nor more than sixty persons who are registered
voters for that municipality.
(b) The constituency list of candidates for
municipal elections may be submitted by not less fifty nor
more than sixty persons who are registered voters from the
respective constituencies where the lists of candidates are
identified and selected from.
(c) The proportional representation lists of
candidates for the neighbourhood democratic council
elections may be submitted by not less than twenty nor more
than thirty persons who are registered voters for that
neighbourhood democratic council.
(d) The constituency lists of candidates for the
neighbourhood democratic council elections may be
submitted by not less than twenty nor more than thirty
persons who are registered voters from the respective
constituencies where the lists of candidates are identified and
selected from.
(e) An individual contesting a constituency for the
municipal elections may have his name submitted by not less
than twenty nor more than thirty persons who are registered
voters from that single constituency he is contesting.
(f) An individual contesting a constituency for the
neighbourhood democratic council elections may have his
name submitted by not less than fifteen nor more than twenty
persons who are registered voters from that single
constituency where he is contesting.

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Voting and
allocation of
seats for
proportional
and
constituency.
[26 of 2009]
(5) Each candidate is required to complete a
statutory declaration form which must be signed and sealed,
by a Justice of the Peace or a Commissioner of Oaths to
Affidavits.
44B. (1) Every elector shall have two votes, one vote
shall be cast for the proportional representation list and the
other for the constituency candidate of his choice; the votes
for proportional representation shall be counted to determine
the outcome of the elections for the proportional
representation component and votes for the constituency
candidate for the outcome of the elections for the constituency
component.
(2) Within each local authority area, the seats
allocated to a voluntary group or political party for
membership of that local authority area for the proportional
representation component shall be determined by application
of the system of proportional representation to the valid votes
cast in that local authority are in relation to the total number
of seats being contested in that local authority area, thereby
allocating to the parties or groups 50 per cent of the number
of seats under section 38A.
(3) Within each local authority area, the seats
allocated in respect of the constituency component shall
comprise 50 per cent of the seats, and each of those seats shall
be allocated to the candidate with the highest number of votes
cast in his favour, irrespective of whether that candidate
belongs to a voluntary group, political party or contested as
an individual.
(4) For each proportional representation list, each
party shall extract from it the candidates to become members
of the council of that local authority area on the basis of the
seats allocated under subsection (2).

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Representatives
of lists.
[26 of 2009]
(5) The seats for each local authority area shall
comprise the total seats allocated to the proportional
representation component plus the total seats allocated for the
constituency list.
45. (1) The persons submitting a list of candidates may
nominate one of their number as representative of the list and
another as deputy representative, both of whom shall be
candidates named in that list and –
(a) where neither a representative nor a deputy
representative is so nominated, the persons
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) 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) whose
signature appears first in the submission
shall be deemed to have been nominated as
deputy representative.
(2) Notwithstanding everything in this Act or any
other written law –
(a) the provisions of subsection (1) shall mutatis
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Examination of
list; informing
the
representative
of any defects
[26 of 2009]
mutandis apply to the constituency list;
(b) the representative, deputy representative of
the proportional representation list, may
serve as representative and deputy
representative of a constituency list.
(3) A person contesting a constituency shall be his
own representative and shall identify his deputy
representative who shall be his nominee.

46. (1) On receipt of the lists of candidates the
returning officer shall examine them for the purpose of
ascertaining whether they have been submitted in accordance
with the provisions of sections 38A, 44 and 44A and if it
appears to him 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 sections 44 (1),(2), (3), (4),
and (5) or section 44 B or bears a misleading title, he shall, not
later than the 21st day before election day, so inform the
representative and the deputy representative of the list,
specifying the defects:
Provided that if the list does not bear a title the
returning officer may, if it seems to him 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 returning
officer shall—
(a) not later than the 21st day before
election day inform the
representatives and deputy
representatives of the lists concerned;
(b) delete the name of that person from
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Corrections to
lists.
Applications
for symbols.
[7 of 1994]
any list on which the returning officer
is satisfied he did not consent to the
inclusion of his name;
(c) delete his name from each list on which
it appears if the returning officer 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 returning officer and the returning
officer shall delete his name from every other list, and if by
reason of such deletion it appears to the returning officer that
any list is defective in that there remain less than the
required number of signatories thereto, such list shall be
treated as defective.

47. The representative and deputy representative
of a list of candidates, or either of them, may, not later than
the 20th day before election day, submit to the returning
officer corrections of any defects in the list (whether or not
those defects are defects which have been notified under
section 46).
48. (1) The representative and deputy representative
of a list of candidates, or either of them, may, not later than
the 21st day before election day, make application in writing
addressed to the returning officer for the allocation of a
symbol which shall be a symbol approved by the Elections
Commission.
(2) Applications for symbols shall be considered by
the Elections 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
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Approval of
lists.
[7 of 1994]
Appeal against
refusal of
approval.
application is made or for any particular symbol.
49. (1) Subject to section 50, no list of candidates shall
be valid unless it has been approved by the returning officer
not later than the 20th day before election day.
(2) If it appears to the returning officer that a list of
candidates is not defective or that defects in it have been
cured by corrections submitted in accordance with section 47,
he shall approve it and affix thereto the symbol duly allocated
by the Elections Commission, and if it appears to the
returning officer that a defective list has not been corrected,
he shall refuse to approve it.
(3) Not later than the 20th day before election day,
the returning officer 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 returning officer to approve a
list shall not be called in question except by appeal under
section 50, and the approval of a list by the returning officer
shall not be called in question except in accordance with Part
IV.

50. (1) Where the returning officer has refused to
approve a list of candidates, the representative and deputy
representative of the list, or either of them, may, not later than
the 20th day before election day appeal against such refusal to
the magistrate of the magisterial district in which are situated
the offices of the council.
(2) The magistrate shall hear the appeal and
deliver judgment within such time before election day as will
enable the returning officer duly to comply with the
requirement of section 51 relating to publication of the list;

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Publication of
lists.

Withdrawal of
lists.

Death or
withdrawal of
candidate.
and the judgment of the magistrate shall not be subject to
appeal.
(3) The magistrate may—
(a) dismiss the appeal;
(b) approve the list to which the
returning officer has refused to give
his approval; or
(c) approve that list with such
modifications as to the magistrate
may seem just,
and when the magistrate approves a list, with or without
modification, the list as approved by him shall have effect as
if it had been approved by the returning officer under section
49.
51. The returning officer shall, not later than the 18th
day before election day, cause a notice to be published of the
titles and symbols of the lists approved by him or the
magistrate, as the case may be, and the names of the
candidates on those lists.
52. A list of candidates may be withdrawn by notice
in writing addressed to the returning officer and signed by
both the representative and deputy representative of the list:
Provided that a list shall not be withdrawn after the
returning officer has notified the representative and deputy
representative thereof that it has been approved.

53. (1) If a person whose name is included in a list of
candidates which has been submitted to the returning officer
dies, or, by notice in writing signed by him and addressed
and delivered to the returning officer, withdraws his
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Election of
candidates on
unopposed list.
Appointment
of election
agents.
candidature, his name shall be deleted from the list and, if the
list has already been published, the returning officer shall
cause notification of the deletion to be published:
Provided that where the name of a person is the only
name originally included in or remaining in the list of
candidates, that person shall not withdraw his candidature
unless his notice of withdrawal is delivered to the returning
officer not later than the 19th day before election day.
(2) Where by reason of the death of a candidate or
by reason of the withdrawal of a candidate in accordance
with subsection (l) no names remain on a list of candidates
such list shall cease to have effect.
54. If only one list of candidates has been approved,
the persons whose names appear on the list shall be deemed
to have been elected as councillors; and the returning officer
shall publicly declare their election and cause notice thereof to
be published.
Agents
55. (1) The representative of each list of candidates
shall not later than the 21st day before election day give
notice in writing to the returning 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 returning officer shall cause a notice to be
published of the name and address of the person appointed
or deemed to be appointed as election agent.


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Appointment
of assistant
agents counting
agents, and
polling agents.

Actions of
assistant
agents.
56. (1) An election agent may appoint not more than
one assistant agent and not more than one counting agent;
and he may further appoint for each polling place not more
than one polling agent.
(2) Notice in writing of every appointment of an
assistant agent, counting agent and polling agent, stating the
name and address of the person appointed shall be given not
later than the 5th day before election day by the election agent
to the returning officer.
(3) The returning officer shall upon receiving a
notice of an appointment of an assistant agent publish notice
of the name and address of the person appointed.
(4) Upon the revocation of the appointment, 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 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.
(5) Nothing in this section shall preclude the
appointment of a person as polling agent for two or more
polling places or as both assistant agent and counting agent,
or as both assistant and polling agent, or as both counting
agent and polling agent or as assistant agent, counting agent,
and polling agent.
57. (1) Every election agent may act by his assistant
agent; and anything done for the purposes of this Part by an
assistant agent shall be deemed to have been done by the
election agent.
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Liability of
candidates for
offences by
election agents.

Registered
voter to vote in
person.
(2) Any act or default by an assistant agent which,
if he were an election agent, would be an illegal practice or
other offence under this Part, shall be an illegal practice or
other offence under this Part committed by the assistant agent
who shall be liable to punishment accordingly.
(3) Where in this Part 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.

58. Where any corrupt or illegal practice or any illegal
payment, employment or hiring, or other offence under this
Part 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.
Entitlement to Vote
59. (1) A registered voter for the local authority area
shall be entitled to vote at an election if he complies with the
provisions of this Part and with requirements made and
directions given thereunder 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 at an
election unless he is entitled to do so under subsection (1).
(3) Every registered voter who votes at an election
shall subject to the provisions of this Part relating to voting by
proxy, and to the marking of ballot papers on behalf of blind
and incapacitated voters, vote in person.
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Place of voting.
Place of voting
in special
cases.
Entitlement to
apply to vote
by proxy.
(4) Without prejudice to the provisions of this Part
relating to voting as a proxy on behalf of other registered
voters and to the marking of ballot papers on behalf of blind
and incapacitated voters, no registered voter shall vote more
than once at the election.
60. (1) A registered voter for the local authority area
shall be entitled to vote (whether in person or as a proxy on
behalf of another voter or in the manner otherwise provided
by this Act) at the polling place where is displayed the official
list of voters or part thereof, as the case may be, on which his
name appears; and no registered voter shall, subject to section
61, be entitled to vote (either in person or as a proxy on behalf
of another voter) at any other polling place.
(2) The official list of voters shall be the register of
voters for the local authority area.
61. A registered voter who in the local authority area
in which he is registered, is employed as an election officer or
member of the Police Force for a purpose connected with the
election at a polling place other than that at which he is
authorised under section 60(1) to vote, may vote at the polling
place where he is so employed if, not later than the day
before election day, he obtains from the returning officer
a certificate under his hand, in the prescribed form
authorising him to vote at that polling place, which certificate
shall state the name of the voter, the number of his
identification card and the fact that he is to be so employed.
62. (1) The following registered voters shall be
entitled to apply to vote by proxy:
(a) members of the Police Force, the
Special Service Unit and the Guyana
Defence Force;

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(b) members of a town constabulary and
rural constables;
(c) employees of the Transport and
Harbours Department engaged in
running trains and vessels;
(d) candidates;
(e) election officers and their staff;
(f) persons unable or unlikely to be able
by reason of blindness or other
physical infirmity to travel to the
polling place at which they are
entitled to vote or, if able so to travel,
to vote unaided;
(g) persons for whom it is likely to be
impracticable or seriously
inconvenient, by reason of the general
nature of their occupation, service or
employment or for other good cause,
to go in person to the polling place at
which they are entitled to vote.
(2) Not more than one person shall be appointed
to vote as a proxy on behalf of any one registered voter.
(3) No person shall be appointed to vote as a
proxy—
(a) on behalf of another registered voter
unless he is himself a registered voter
for the local authority area, who is
entitled to vote at the same polling
place as that at which the registered
voter on whose behalf his
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Requirements
of application
for appoint-
ment of proxy.
Notice of
appointment as
proxy and list
of proxies.
appointment is sought is entitled to
vote;
(b) for more than three registered voters.
(4) A registered voter voting as a proxy on behalf
of another registered voter shall do so at the same polling
place and at the same time as he votes on his own behalf.
63. Every application for the appointment of a
registered voter to vote as a proxy shall be—
(a) in writing in the prescribed form and
accompanied by any document which
may be prescribed;
(b) addressed and sent to the returning
officer so as to be received by him not
later than the 7th day before election
day;
(c) accompanied by the consent in
writing of the registered voter named
as proxy therein to his appointment.
64. (1) If a returning officer is satisfied that an
application for the appointment of another registered voter to
vote as a proxy on behalf of the applicant has been duly
submitted in accordance with the provisions of section 63 by
a registered voter entitled to apply to vote by proxy 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 the prescribed form 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
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Cancellation of
appointment
as proxy.
Notice of poll.
[7 of 1994]
therefor; and the decision of the returning officer shall be
final.

(3) The returning officer shall keep a list of proxies
which shall be in the prescribed form and which shall set out
the names, addresses and the serial numbers of the
identification cards of the registered voters for whom proxies
have been appointed and of the registered voters who have
been appointed as proxies on their behalf.
65. A registered voter may cancel the appointment
of another person to vote as a proxy on his behalf by giving
notice in writing in the prescribed form and addressed and
sent to the returning officer so that the notice of cancellation is
received by the returning officer not later than the 7th day
before election day; and thereupon the notice of appointment
shall be void and the returning officer shall—
(a) so notify the registered voter whose
appointment as a proxy is cancelled;
(b) delete the names of both registered voters
from the list of proxies.
Preparation for the Poll
66. (1) Whenever two or more lists are published
under section 51 the returning officer shall, not later than the
10th day before election day, cause to be published—
(a) a notice of poll which shall be in the
prescribed form and which shall
specify—
(i) the day on and the hours
between which the poll will be
taken;

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Division of
official list of
voters.

Display of part
of official list of
voters.


Preparation of
polling places.
(ii) the situation of each polling
place;
(b) a copy of each list of candidates
published in accordance with section
51;
(c) a copy of the official list of voters.
(2) 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 unless the Elections
Commission shall appoint different hours, being twelve
consecutive hours, for any polling place.

67. Where more than one polling place is established
the returning officer shall divide the official list of voters into
as many parts as there are polling places and shall assign to
each polling place the part relating to that polling place.
68. Where more than one polling place is established,
the returning officer shall cause a copy of that part of the
official list of voters to be displayed at the polling place to
which it relates.
69. The returning officer shall before election day
cause every polling place to be provided with—
(a) such doors, barriers, tables, chairs and other
conveniences as are necessary or desirable
for implementing this Part;
(b) such number of compartments as are
necessary or desirable and in which
registered voters can vote free from
observation.

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Printing of
directions for
voting and
ballot papers.
[7 of 1994]
Requirements
of ballot
papers.
70. The Elections Commission shall cause to be
printed and sent to the returning officer before election day a
sufficient number of the following documents—
(a) directions for voting, in the prescribed form;
(b) ballot papers, in the prescribed form;
(c) tendered ballot papers, in the prescribed
form.
71. (1) Every 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 “Voter’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 separating
the particulars of the lists of
candidates from one another and the
vertical rules separating those
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Requirement of
ballot paper for
constituencies.
[26 of 2009]
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 the 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.
(3) Tendered ballot papers shall be of a different
colour from ordinary ballot papers but, subject to such
difference of colour, the provisions of this section shall apply
to tendered ballot papers as they do to ordinary ballot papers.
71A. (1) Each ballot paper for a constituency shall –
(a) contain serially numbered on the left
hand side and in alphabetical order of
the initial letters of the name of each
candidate, the title, symbol and
photograph of each of the candidates,
but the serial numbering on the ballot
paper under this paragraph and the
serial numbering on the counterfoil,
under paragraph (c) shall be done in a
manner to ensure that the two sets of
serial numbering cannot be
correlated;

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(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 - “Voter’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, symbol
and photograph of the candidates;
(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 and photographs from the spaces
on the 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 contesting candidates by rules
separating their particulars;
(d) the initial letters of each contesting candidate
shall be printed in large capitals and the full
titles of each in small capitals.
(3) The symbols shall be printed between the
candidates’ particulars and the vertical rules separating
candidates particulars from the spaces where the vote is to be
marked.
(4) A voluntary group or a political party contesting
any consistency may allow its candidates contesting their
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Separation
of ballot
paper for
proportional
representation
and
constituencies.
Supplies of
election
material.
constituencies the use of its initial letters, titles and symbols.
(5) Tendered ballot papers shall be a different colour
from ordinary ballot papers but, subject to the difference of
colour, this section shall apply to tendered ballot papers as it
does to ordinary ballot papers.
71B. (1) The Ballot paper shall be divided into two
parts.
(2) The top portion for the proportional
representation component of the election shall be separated
from the bottom part for the constituency component of the
election by a perforated horizontal line across the paper.
(3) The design and requirements of the ballot paper
shall be in accordance with section 71 and 71A.
72. (1) The returning officer shall supply to each
presiding officer 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
Act;
(d) a sufficient number of copies of the
official list of voters or part thereof, as
the case may require, containing the
names of the registered voters entitled
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Display of lists
of candidates.
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 registered voters;
(h) a poll book;

(i) the necessary envelopes and such other
forms and supplies as may be
authorised or furnished by the Chief
Election Officer;
(j) a sufficient number of copies of each
list of candidates published in
accordance with section 51.
(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 the prescribed form.

73. 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
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Custody of
election
material.
Definitions
[12 of 1994]
Application of
part.
[12 of 1994]
accordance with section 51.
74. The presiding officer of each polling place shall,
until the opening of the poll, keep the documents supplied to
him in pursuance of section 72 (other than those required to
be posted up by section 73) locked in the ballot box or other
depository and shall take every precaution to prevent any
person having unauthorised access thereto.
Procedure for voting by specified Disciplined Forces
74A. (1) In this part—
“ballot attendant” means a person appointed as such under
section 74C;
“balloting place” means a place appointed as a balloting place
under section 74C;
“ballot officer” means a person appointed as such under
section 74C:
“specified disciplined force” means a disciplined force
specified for the purposes of this part by order under
section 74B.
(2) [Omitted]
(3) In this section and sections 74B to 74I, inclusive
the expression “this part” means this section and sections 74B
to 74I, inclusive.
74B. 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
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Appointment
of ballot
officers, ballot
attendants and
balloting places
for the
purposes of this
part.
[12 of 1994]
List of electors
entitled to vote
under this
part.
[12 of 1994]
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.
74C. (1) The Elections Commission 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 it
thinks fit, so that there will be one
ballot attendant for each balloting
place; and
(c) such place or places, as it thinks fit, in
each council area or in each local
authority area as balloting place or
balloting places.
(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
Elections Commission in relation to a balloting place:
Provided that it shall be lawful for the Elections
Commission to appoint the same person as ballot attendant
and ballot clerk.

74D. (1) Each ballot officer shall prepare a list of
persons whose names are on the official list of electors and
who are members of the specified disciplined force in relation
to which he has been appointed ballot officer.
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(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 identity card 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 council area or local
authority area 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 74E (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 are
relevant in respect of the divisions in any council area or local
authority area to the returning officer of the council area or
local authority area and the returning officer shall cause to be
displayed at each polling place in such areas the names and
other particulars included in the copy of the list referred to in
subsection (1), of those who are, under this part, entitled to
vote at that polling place.
74E. (1) The Elections Commission 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.
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(2) The Chief Election Officer shall forward to each
ballot officer a 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 74D
(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 74D (2), of the persons entitled to ballot
under this part at that balloting place, such names being of
persons who are, under this part, entitled to vote at a polling
place in the district where that balloting place is situate.
(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, a 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 in a list prepared by
a ballot officer under section 74D (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 74D (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 days
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Safe custody
of ballot boxes
until handed
over to the
returning
officer on
election day.
[12 of 1994]
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 74D (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 mutandis
apply respectively to, and in relation to, ballot attendants,
ballot clerks, balloting places, preparation for ballot and
balloting under this part.
74F. (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 and
the sealed packets 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
Elections Commission which shall be responsible for their
safe custody until the election day.
(3) On the election day, during such hours as may
be fixed for that purpose by the Elections Commission by
notification in the Gazette, the Elections Commission shall at a
place to be determined by the Elections Commission count, as
provided in subsection (4), the votes from the sealed ballot
boxes referred to in subsection (1), received by the Elections
Commission from each ballot officer and the persons who
balloted in accordance with the preceding provisions of this
part shall be deemed for all the purposes of this Act to have
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certain
provisions
relating to
penalties to
balloting under
this part.
[12 of 1994]
cast their votes at the election in the council area or local
authority area in which the balloting places were situated.
(4) The votes deemed under subsection (3) to have
been cast, at the election, in each council area or local
authority area shall be counted separately by the Elections
Commission, and the provisions of sections 84, 94 and 95 shall
apply mutatis mutandis in relation to the counting of votes
under this section, the expression “presiding officer” in
section 94 being substituted by the expression “Elections
Commission”.

(5) The Elections Commission shall after counting
the votes but before the close of poll, on election day,
communicate the valid votes cast for each list of candidates to
each returning officer for the council area or local authority
area in respect of which the votes were cast.
74G. (1) The provisions of sections 118, 121 (l)(a),
125(a) in so far as it relates to voting on his own behalf, 125
(d) (i) and (ii), 126 (a) and (b), 128, 129, 130 (a), (b), (c), (d), (h)
and (i), 130 (e) and (f) in so far as they relate to the vote of any
elector at any election, 131 in so far as it relates to voting in
person and 136 shall apply in relation to balloting under this
part subject to the modification that references therein to—
(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.

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Modification,
etc. of
provisions of
Act.
[12 of 1994]
Overriding
effect of this
part.
[12 of 1994]
Place and time
of poll.
Appointment
of candidate to
attend poll.
74H. (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.
74I. The provisions of this part shall have effect
notwithstanding anything contained in any other part of this
Act.

The Poll
75. The poll shall be taken at each polling place on
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 registered voters waiting at the polling place to
vote, the poll shall remain open for sufficient time to enable
those voters to vote.
76. (1) The election agent of each group of candidates
may appoint one of the candidates to attend the poll at a
polling place.
(2) Notice in writing of the appointment of a
candidate under this section, stating his name and address,
shall be signed by the election agent and delivered to the
returning officer not later than the 7th day before election
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Opening of
poll.
Applicant to
vote to hand
identification
card to poll
clerk.
day.
(3) There shall not be more than one candidate
appointed under this section of the same list of candidates for
any one polling place.
(4) A candidate may be appointed under this
section for two or more polling places.
77. 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;
(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 registered voters for the local
authority area to vote.

78. (1) Each applicant to vote shall, upon entering the
room where the poll is held, state to the poll clerk his name,
address and occupation and hand to him—
(a) his identification card (if any);
(b) if he has been appointed to vote as a
proxy on behalf of a registered voter,
the identification card (if any) of that
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voter and his notice of appointment to
vote as proxy;
(c) if he claims to be entitled to vote at the
polling place by virtue of section 61,
his certificate of employment.
(2) The poll clerk shall ascertain if the name of the
applicant and that of any registered voter on whose behalf he
holds a notice of appointment to vote as a proxy appear in the
official list of voters or part thereof for the polling place.
(3) Where there is contained in the official list of
voters or part thereof, a name or other particulars which
correspond so closely with the name or other particulars
entered on the identification card 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 the prescribed form, 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 identification card and his certificate of
employment, the poll clerk shall add his name to the official
list of voters 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 the identification card (if any) together with any
other documents he may have received and direct him to
hand the same to the presiding officer and apply to him for a
ballot paper.
(6) Anything in the other provisions of this Act to
the contrary notwithstanding the presiding officer or the poll
clerk may dispense with the production of an identification
card if he is satisfied that an applicant to vote is the person
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Duty of
presiding
officer upon
application for
ballot paper.
whose name appears on the official list of voters and in such a
case he shall require the applicant to take and subscribe
before him an oath of identity in the prescribed form.
79. (1) Upon receipt of the identification card (if any)
and other documents pursuant to section 78(5) and upon
application made to him for a ballot paper the presiding
officer shall satisfy himself as to the following:
(a) that the applicant has not already
voted in the local authority area;
(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
registered voter (if he applies so to
vote).
(2) For the purposes of subsection (1) the presiding
officer, in so far as the following are applicable to the
applicant, 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 identification card;
(c) compare any photograph on his
identification card with his face;
(d) compare the thumb-print or other
fingerprint recorded on his
identification card with that of the
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Issue of ballot
paper.
applicant;
(e) compare the height recorded on his
identification card with that of the
applicant;
(f) examine his notice of appointment (if
any) to vote as a proxy on behalf of
another registered voter;
(g) make such further comparisons as are
reasonably necessary between the
particulars recorded on his
identification card and those of the
applicant.
(3) An applicant shall comply with such
requirements of the presiding officer for the examination of
his fingers, the taking and recording of his thumb or
fingerprint, of his signature and of his height, and shall
answer such questions as the presiding officer may ask which
are reasonably necessary to ask for the purposes of subsection
(1).
80. (1) The presiding officer shall refuse to issue a
ballot paper to any applicant therefor who does not hand to
him his identification card and other documents as directed
under section 78(5) and he shall refuse to issue a ballot paper
to any applicant if he is not satisfied as required by section
79(1) but if such identification card and other documents are
handed to him and he is so satisfied he shall—
(a) deliver to the applicant a ballot paper
stamped with the official mark;
(b) enter on the counterfoil of the ballot
paper the serial number of the
registered voter on the official list of
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voters;
(c) add to his copy of the official list of
voters or part thereof the name of a
registered voter who has produced to
him a certificate of employment;
(d) place a mark on his copy of the official
list of voters or part thereof, to show
that a ballot paper has been delivered
to the applicant but without showing
the particular ballot paper issued;
(e) return to the applicant his identification
card (if any), and also, if he has been
appointed to vote as a proxy on behalf
of another registered voter, the
identification card (if any) of that
voter.
(2) If the applicant has been appointed to vote as a
proxy on behalf of another registered voter the presiding
officer shall—
(a) deliver to him, in addition to his own
ballot paper, a ballot paper for each
registered voter 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 voters of the registered
voter 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 voters or
part thereof, to show that a ballot
paper has been issued on behalf of
each such registered voter;
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(b) retain the notice of appointment to vote
as proxy of the voter.
81. (1) The presiding officer shall ensure that the
registered voter understands how and where to place his
mark (without indicating that the voter 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 registered voter 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 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 registered voter on whose behalf he has
been so appointed, for the list of candidates for whom that
voter wishes to vote by secretly marking, in the manner
aforesaid, the ballot paper issued to him for that voter and
shall then similarly fold that ballot paper.
(3) The registered voter shall, having recorded his
vote (and if such be the case that of a registered voter 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 registered voter whether voting on his own behalf or as a
proxy on behalf of another registered voter 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.

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(4) Notwithstanding the proviso to subsection (3),
where the presiding officer is satisfied that a registered voter
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 a registered voter 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 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) A registered voter who refuses or fails to return
a ballot paper when so ordered under subsection (5) shall be
guilty of an offence.
(7) A registered voter who has inadvertently dealt
with a ballot paper in such 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) A registered voter 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 a
registered voter shows a ballot paper to the presiding officer
solely for the purpose of ascertaining if he has carried out his
duties correctly.
(9) A registered voter shall vote without delay and
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Blind and
incapacitated
voters.
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 a registered voter does not understand the language
spoken to him he may appoint and swear, in the prescribed
form, an interpreter; and the interpreter so sworn shall be the
means of communication between the presiding officer and
the registered voter with regard to all matters required to
enable the registered voter to vote.
82. (1) The presiding officer shall, on the application
of any registered voter who is incapacitated by blindness or
other physical cause from voting in the manner prescribed by
section 81 and who takes an oath in the prescribed form, mark
the ballot paper of such voter in his presence and in the
manner directed by him.
(2) The presiding officer may, at the request of any
registered voter incapacitated in the manner prescribed by
subsection (1) and who has taken the oath prescribed
pursuant to that subsection and is accompanied by a
friend, permit such friend, if he is a registered voter 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 registered
voter into the voting compartment and mark his ballot
paper for him:
Provided that no person may mark the ballot paper of
more than one registered voter as his friend under this
subsection or mark such ballot paper unless he first takes an
oath in the prescribed form.
(3) Whenever the ballot voter has been marked in
accordance with this section, the poll clerk shall enter in the
poll book opposite the name of the registered voter the fact
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Tendered ballot
papers and
entries in poll
book.
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 voters of that friend.
83. (1) If an applicant to vote represents himself to be
a registered voter whose name appears on the official list of
voters or part thereof for a polling place, and there has
already been placed a mark against the name of such voter 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
identification card;
(b) the applicant takes an oath of identity
in the prescribed form; and
(c) the presiding officer is satisfied as to
matters set out in section 79(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 registered voter and
his number in the official list of voters; 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 registered voter to whom a tendered ballot
paper is given and a note of his having marked such ballot
paper.
(4) The poll clerk shall—
(a) make in the poll book such entries as
are required by this Part or directed
by the presiding officer;
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Maintenance of
secrecy at
polling place.
(b) enter in the poll book the word
“SWORN” opposite the name of each
registered voter to whom any oath is
administered and “REFUSED TO BE
SWORN” or “REFUSED TO
ANSWER” opposite the name of each
registered voter who has refused to
take an oath or who has refused to
answer any question when legally so
required.
84. (1) Every person specified in section 86(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 registered voter 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 registered voter;
(b) the number in the official list of voters
of any registered voter who, or whose
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 Part interfere with or
attempt to interfere with a registered
voter when casting his vote or, as a
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proxy, that of another registered
voter;
(b) obtain or attempt to obtain in a polling
place information as to the list of
candidates for whom a registered
voter in that polling place is about to
vote or has voted either on his own
behalf or as a proxy on behalf of
another registered voter;
(c) communicate at any time to any person
any information obtained in a polling
place as to the list of candidates for
whom a registered voter in that
polling place is about to vote or has
voted either on his own behalf or as a
proxy on behalf of another registered
voter;
(d) directly or indirectly induce a
registered voter to display his ballot
paper or that of another registered
voter for whom he has voted as a
proxy after he has marked it, so as to
make known the list of candidates for
which he has or has not voted either
on his own behalf or on behalf of a
registered voter for whom he has
voted as a proxy.
(3) No person having undertaken to assist a
registered voter 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
voter intends to vote or has voted.
(4) Any person who contravenes any of the
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Molestation of
voters.
Preservation of
order at polling
place.
[7 of 1994]
provisions of this section shall be guilty of an offence.
85. (1) No person shall anywhere within a distance of
two hundred yards of a polling place annoy, molest or
otherwise interfere with a registered voter or attempt to
obtain any information as to the list of candidates for whom
any registered voter in the polling place is about to vote or
has voted either on his own behalf or as a proxy on behalf of
another registered voter.
(2) Any person who contravenes any of the
provisions of this section shall be guilty of an offence.

86. (1) The presiding officer may, for the purpose of
maintaining order at the polling place—
(a) regulate the admission of applicants to
vote and may, if he deems it
advisable, direct that not more than
one registered voter for each
compartment shall at the same time
enter the room where the poll is held;
(b) exclude all other persons except—
(i) the Chairman and other
members of the Elections
Commission;
(ii) the Chief Election Officer;
(iii) the election officers;
(iv) candidates appointed under
section 76 to attend the poll;
(iva) local observers approved by the
Elections Commission;
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Closing of
(v) polling agents for the polling
place;
(vi) members of the Police Force on
duty;
(vii) election agents;
(viii) assistant agents;
(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 subsection
shall not be so exercised as to prevent a registered voter
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 member of the Police Force for an offence
without warrant.

87. (1) All premises within the local authority area for
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L.R.O. 1/2012
spirit shops.

c. 82:21
c. 82:21
c. 82:26
Employees to
be given time
to vote.
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 within the local authority
area 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 within the local authority area 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 guilty of an offence.
88. (1) Every employer shall permit every registered
voter in his employ, other than any registered voter on whose
behalf another registered voter has been appointed to vote as
a proxy, to be absent 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 voter 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.
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Adjournment
of poll.
[7 of 1994]
Procedure on
closing of poll.
[7 of 1994]
(3) Any employer who, directly or indirectly,
refuses to grant or who, by intimidation, undue influence or
in any other way interferes with the granting to any
registered voter in his employ, other than a registered voter
on whose behalf another registered voter has been appointed
to vote as a proxy, of the period for voting prescribed by this
section shall be guilty of an offence.
89. (1) Where the proceedings at any polling place are
interrupted or obstructed by riot, open violence, fire, flood,
epidemic or other calamity, whether similar to the foregoing
or not, the presiding officer shall adjourn the proceedings and
shall forthwith give notice by the quickest available means to
the returning officer, who shall inform the Chief Election
Officer who shall inform the Chairman of the Elections
Commission and the poll at the polling place shall be held at
the earliest date possible as determined by the Elections
Commission.
(2) Where the poll is adjourned at any polling
place under subsection (1) the hours of poll on the day
determined by the Elections Commission under that
subsection shall be the same as those on election day and
references in this Part to the close of the poll shall be
construed accordingly.
90. The presiding officer, as soon as practicable after
the closing of the poll in the presence of such of the persons
entitled by section 86(1)(b) to be present as attend, shall—
(a) secure and seal, with his seal and with the
seals of such of the duly appointed
candidates appointed under section 76 to
attend the poll and polling agents as attend
and desire to affix their seals, the ballot box
in such manner that it cannot be opened and
nothing can be inserted thereon or taken
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Presiding
officer to count
votes
[7 of 1994]
Candidates
appointed to
attend count.
therefrom without breaking the seals;
(b) make up in separate packets, sealed with his
seal and with the seal of such of the persons
mentioned in paragraph (a) as desire to affix
their seals—
(i) the unused and spoiled ballot papers
and tendered ballot papers placed
together;
(ii) the used tendered ballot papers;
(iii) the counterfoils of the used and spoiled
bal-lot papers and the certificates of
employment;
(iv) the marked copies of the official list of
voters or part thereof;
(v) notices of appointments to vote as
proxy and copies of the lists of
proxies;
(vi) the poll book.
(c) {deleted by Act No. 7 of 1994]
Counting of Votes and Ascertainment of
Election Results

91. The votes cast at the polling places shall be
counted by the presiding officer in accordance with the
provisions of sections 92 to 97 (inclusive).
92. (1) The election agent of each group of candidates
may appoint one of the candidates to attend at the counting of
the votes.

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Attendance at
count.
[7 of 1994]
(2) Notice in writing of the appointment of a
candidate under this section stating his name and address
shall be signed by the election agent and delivered to the
returning officer not later than the 7th day before election
day.
(3) There shall not be more than one candidate
appointed under this section of the same list of candidates.
93. (1) No person shall be present at the counting of
votes except—
(a) the Chairman and other members of the
Elections Commission;
(b) the returning officer and such other
election officers as he may appoint to
assist him in the counting;
(c) the Chief Election Officer;
(d) candidates appointed under section 92
to attend at the counting;
(e) counting agents;
(f) the election agent. appointed under
section 55;
(g) the representative or deputy
representative of the respective lists
of candidates for the local authority
area as provided for by section 45;
(ga) local observers approved by the
Elections Commission;
(h) such other persons as, in the opinion of
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Method of
counting.
[7 of 1994
26 of 2009]
Counting of
votes for
proportional
the returning officer, have good
reason to be present.
(2) The presiding 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.
94. The presiding officer shall, as soon as practicable
after the close of poll, in the presence of such of the persons
entitled under section 93(1) to be present as attend—
(a) open each ballot box and empty its
contents upon a table;
(b) distribute tally sheets;
(c) count and record the number of ballot
papers that were in each ballot box;
(d) separate the ballot paper into two piles
–
(i) one pile relating to the ballot paper
for the proportional
representation component; and
(ii) the other pile relating to ballot
papers for the constituency
component of the election.
(e) count and record the number of ballot
papers for the proportional
representation component of the
election.
94A. (1) The presiding officer shall –
(a) mix together the ballot papers
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representation.
[26 of 2009]
recorded for the proportional
representation component;
(b) sort out the ballot papers on the basis of
lists for which the votes have been cast;
and
(c) count the numbers of votes recorded for
each list of candidates on his tally sheet,
giving full opportunity for those present to
examine each ballot paper.

(2) In counting the votes the presiding officer shall,
subject 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;
(c) on which votes have been given for
more than one list of candidates; or
(d) on which there is any writing or mark
by which the voter 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—

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Counting of
votes for
constituencies.
[26 of 2009]
(i) an intention that the vote shall be
for one or other of the lists of
candidates clearly appears; and
(ii) the voter is neither identified nor
can be identified by the manner
in which the ballot paper is
marked.
(4) The presiding officer shall endorse the words
“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 and where his decision on a ballot paper is
questioned, he shall record the fact by writing the letter ‘Q’ at
the back of the ballot paper and appending his initials.
(5) The decision of the presiding officer as to any
question arising in respect of any ballot paper shall, subject to
the provisions of section 163(2), be final.
94B. (1) The presiding officer shall –
(a) mix together the ballot papers recorded
for the constituency component of the
election;
(b) sort out the ballot papers on the basis
of each candidate for which the votes
have been cast; and
(c) count the number of votes recorded for
each candidate on his tally sheet,
giving full opportunity to those
present to examine each ballot paper.
(2) In counting the votes the presiding officer
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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 candidate
or is void for uncertainty;
(c) on which votes have been given for more than
one of the candidates; or
(d) on which there is any writing or mark by which
the voter 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; or
(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 candidates clearly appears;
and
(ii) the voter is neither identified nor can be
identified by the manner in which the
ballot paper is marked.
(4) The presiding officer shall endorse the words
“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 an
appointed candidate or a counting agent present during the
counting and where his decision on a ballot paper is
questioned, he shall record the fact by writing the letter ‘Q’ at
the back of the ballot paper and appending his initials.

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Further
procedure in
counting.
[26 of 2009]
(5) The decision of the presiding officer as to any
question arising in respect of any ballot paper shall, subject to
the provisions of section 163(2), be final.
94C. (1) The presiding officer shall place the ballot
papers cast for each list of candidates for the proportional
representation component and candidates for the
constituency component for the election and counted under
section 94 in separate envelopes whether or not any such
ballot papers is a questioned ballot paper.
(2) All rejected ballot papers shall be placed in a
separate envelope by the presiding officer.
(3) The envelopes referred to in subsections (1) and
(2) shall be endorsed so 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.
(4) The presiding officer shall affix his seal to the
envelopes referred to in the preceding subsections and shall
invite the duly appointed candidates and the polling agents
as are present to do likewise.
(5) After the completion of the counting, the
presiding officer shall complete the ballot paper account and
tendered ballot paper Account Form, the Statement of Poll
Form, for both proportional representation and the
constituency components of the election 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;

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(c) to the duly appointed candidates or the polling
agents as are present; and
(d) to the Chief Elections Officer.
(6) The Statement of Poll prepared in accordance
with subsection (5) shall be posted immediately thereafter in a
conspicuous place outside the polling place as evidence of the
result of the election for that polling place.
(7) The polling officer shall then –
(a) place the sealed envelopes containing the counted
and rejected ballot papers in the ballot boxes,
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,
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;
(b) make up in separate packets, the marked copies
of the official list of electors or part thereof,
notices of appointments to vote as proxy and
copies of the lists of proxies, the poll book, the
ballot paper account and such other election
document 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 Poll Form placed in one
envelope sealed in the manner referred to in
paragraph (b) to the Returning Officer for that
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Ascertaining
of votes and
declaration of
results by
Returning
Officer.
[26 of 2009]
local authority area in which the polling place is
situated.
(8) 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
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.
94D. (1) As soon as practicable after the receipt of all
the ballot of boxes and the envelopes and packets delivered
to him in pursuance of section 94C(7), the Returning Officer
shall, in the presence of such of the persons entitled under
section 93 to the present as attended, ascertain –
(a) the total votes cast in favour of the list for
the proportional representation component
of the election in that local authority area
by adding up the votes recorded in favour
of that list in accordance with the
Statements of Poll and thereupon publicly
declare the votes recorded.
(b) the total votes cast in favour of each
candidate for a constituency component of
the election in that local authority area by
recording the votes cast in favour of the
candidates in accordance with Statements
of Poll and thereupon publicly declare the
votes recorded.
(2)(a) Where an election officer for a polling
district discovers a material error on the
Statement of Poll from a polling station for
that local authority area, he shall inform
the presiding officer for that polling station
forthwith, and the presiding officer, if the
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Statement of Poll had 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 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 other 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 attended.
(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).
(3) Where before twelve noon of the day following the
declaration under subsection (1) any counting agent for the
local authority area does not request the Returning Officer to
conduct a final count of the votes counted by the presiding
officers in the local authority area under section 93, the
declaration of the votes obtained by the lists for both
components of the election under subsection (1) shall be final;
but where any counting agent for the local authority area
seeks a final count of the votes already counted by the
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presiding officer in the local authority area under section 93,
the Returning Officer shall count such votes in accordance
with the provisions contained in the following subsection
and on the basis of such recount confirm or vary the
declaration of the votes recorded in the local authority area
or constituencies, as the case may be, for each list of
candidates under subsection (1).
(4) 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.
(5) 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 be examined by the Returning
Officer.
(6) Where in a limited final count the Returning
Officer agrees with the decision of a presiding officer as
regards any questioned or rejected ballot papers, he shall
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.
(7) 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
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Recounts.
[7 of 1994]
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.
(8) 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.
(9) All ballot papers marked in any way by the
Returning Officer in a final count shall be marked with his
initials.
(10) 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.
(11) At the conclusion of any final count, the Returning
Officer shall comply with section 96 in respect of the polling
places to which the final count related.
(12) The decision of the Returning Officer as to any
question arising in respect of any ballot paper shall be final.
(13) On ascertaining the votes cast in the local authority
area, for the proportional representation component and each
candidate or individual for the constituency component, the
Returning Officer shall in the presence of all persons publicly
announce the result of the election for that local authority
area.

95. A candidate appointed under section 92 to attend
the counting of votes, or a counting agent present when the
counting or any recount of votes is completed, may request
the presiding officer to have the votes recounted or again
recounted; but the presiding officer may refuse such request if
in his opinion it is unreasonable.
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Procedure on
conclusion of
count.
[7 of 1994]

96. (1)Upon the conclusion of the counting of the
votes the presiding officer, in the presence of such of the
persons entitled under section 93(1) to be present as attend,
shall—
(a) seal in separate packets the counted
and rejected ballot papers, place them
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, the ballot box in such
manner that it cannot be opened and
nothing can be inserted therein or
taken therefrom without breaking the
seals;
(b) prepare and verify the ballot papers
account by comparing it with—
(i) the number of ballot papers
recorded under section 94(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
bal-lot papers;
(d) prepare a written statement as to the
result of the preparation and
verification of the ballot papers
account;

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Maintenance of
secrecy at
count.
Ascertainment
of election
(e) prepare a written statement in the
prescribed form which shall set out
the number of—
(i) valid votes cast for each list of
candidates;
(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.
(1A)The presiding officer shall deliver to the
returning officer on the conclusion of the counting of the
votes the ballot box, the packets referred to in section 90 (b)
and the statements referred to in subsection (1) (d) and (e).
(2) The returning officer shall not open the sealed
packets containing tendered ballot papers, marked copies of
the official list of voters or part thereof or counterfoils of used
ballot papers delivered to him by the presiding officer.
(3) Any counting agent may copy the statements
made under subsection (l)(d) or (e).

97. Every person attending at the counting of votes
shall maintain and aid in maintaining the secrecy of voting
and shall not communicate any information obtained at the
count as to the list of candidates for which any vote has been
given.
98. The returning officer shall, on receipt of all the
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results.
[7 of 1994
12 of 1994]
Allocation of
seats.

ballot boxes, the relevant statements and other packets in
pursuance of the provisions of section 96 and taking into
account the votes submitted under section 74F, ascertain the
result of the election in accordance with sections 99 to 100.
99. (1) The total number of votes cast for all the lists of
candidates shall be divided by the number of persons to be
elected as councillors 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 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 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 purpose of this subsection,
where two or more lists have equal
numbers of surplus votes, then lots
shall be drawn by the returning
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Candidates
elected.
Notification of election
officer 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) If any list of candidates contains insufficient
names to fill any seat allocated in pursuance of this section,
such seat shall remain vacant until it is filled consequent upon
an ensuing election.
100. When seats have in pursuance of section 99 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 returning
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 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 as can be so
extracted without their number exceeding the number of seats
allocated to that list; and the returning 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.
101. As soon as practicable the returning officer shall
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results.

Certificates of
election.

Filling of casual
vacancies.
[4 of 1972]

publicly declare the results of the election and shall cause to
be published a notification thereof in the prescribed form
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 been elected as
councillors.
102. The returning officer shall furnish a person who
has been elected a councillor with a certificate in the
prescribed form that he has been so elected.

103. (1) When a vacancy occurs in an office of a
councillor elected under this Act prior to the retirement of the
holder thereof at the expiration of his term of office, the
vacancy shall be filled by that person being a person who is
qualified for election as, and is willing to become, a councillor
whose name is on the relevant list of candidates and is
extracted therefrom in accordance with the provisions of
section 100 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, the name of every
person who became a member of the council at the 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 such person the representative
or if he is unwilling or unable to do so the deputy
representative of such list or in case of any such
unwillingness or inability on the part of the deputy
representative, a person designated by a majority of persons
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Election report
[26 of 2009].

Custody of
election
documents.
[7 of 1994
26 of 2009]]
named in such list, may nominate a person who is qualified
for election as, and is willing to become, a councillor of the
council in respect of which the vacancy occurs to fill the
vacancy and if no such nomination is made the seat shall
remain vacant until it is filled consequent on an ensuing
election.
(2) In this section the relevant list of candidates
means that list in which was included the name of the
councillor vacating his office or, when a person is held in
proceedings under Part IV not to be a councillor, the name of
that person.
104. The returning 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 101 and the total number of persons whose names
appear in the register of voters for the local authority area and
forward a copy of the report to the Chief Election Officer.
105. (1) The returning officer shall make up in one
parcel the packets he has received in pursuance of section 96
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 this Act, allow no person to have access thereto.
(3) The returning officer 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.

Election Expenses
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Making of
contracts
through
election agents.
Payment of
expenses.
106. (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 Part 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.
107. (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 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 such
amount as may be prescribed by the Act under which the
local authority for which he is a candidate is constituted 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 101 a written
statement of personal expenses so paid.
(3) Any personal expenses incurred by a candidate
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Petty
expenditure.
Maximum
expenses

in excess of the sum applicable to him by virtue of subsection
(2) shall be paid by the election agent.
(4) If a candidate pays personal expenses in excess
of the sum applicable to him by virtue of subsection (2), he
shall be guilty of an illegal practice.
108. (1) A person authorised in that behalf by an
election agent may pay any necessary expenses for stationery,
postage, telegrams and other petty expenses 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 101 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.
109. (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 prescribed by the
Act or Ordinance under which the
local authority for which the
candidates are seeking election is
constituted;
(b) for purposes other than the
following—

(i) the expenses of printing,
advertising, publishing, issuing
and distributing addresses and
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Remuneration
of election
agent.
notices;
(ii) the expenses of stationery,
messages, postage and
telegrams;
(iii) the expense of holding public
meet-ings;
(iv) the expense of one committee
room in each local authority
area;
(v) the expense permitted under
section 117;
(vi) the personal expenses of
candidates.
(2) In determining the total expenditure incurred
by a group of candidates no regard shall be had to amounts
paid by candidates under section 107(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 he shall be guilty of
an illegal practice.
110. 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
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Period for
claims for
payment of
election
expenses
the Part and dealt with accordingly.
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 101 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
respect of the conduct or management of the election shall be
paid not later than the 28th day after the publication under
section 101 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 (l) or if he
refuses or fails to pay such claim within that period, 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 Part requiring claims to
be paid by the election agent.
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Exemption of
act done in
good faith from
being
illegal practice.

(8) The 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 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
Court by such evidence as to the Court seems sufficient that—
(a) any act of 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 Part 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
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Saving for
creditors.
Prohibition of
expenses not
authorised by
election agent.

in one newspaper 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 the
consequences under this Part for the act or omission, the
Court may make an order allowing such act or omission to be
an exception from the provisions of this Part 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 Part
for the act or omission.
113. The provisions of this Part 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 Part.
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 public meetings or organising
any public display;
(b) issuing advertisements, circulars or
publications;
(c) otherwise presenting to the registered
voters the candidates of the group or
any of them or their views or the
extent or nature of their backing or
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Providing
money for
illegal purpose.
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 five 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 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 (1) 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.
Illegal Payment, Employment, Hiring
115. Any person who knowingly provides money—
(a) for any payment which is contrary to the
provisions of this Part;
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Corrupt
withdrawal of
candidate.

Prohibition of
certain forms of
employ ment.

(b) for any expenses in excess of the maximum
allowed by this Part;
(c) to replace any money expended in any such
payment or expenses,
shall be guilty of illegal payment.

116. 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.
117. (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;
(b) one assistant agent;
(c) one polling agent for each polling
place;
(d) one counting agent;
(e) two clerks and two messengers for each
committee room.
(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
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Illegal hiring of
transport for
voters
Use of certain
premises as
committee
room
prohibited.
employment if he knew that he was so engaged or employed
contrary to law.
118. (1) No person shall let, lend or employ, for the
purposes of the conveyance of registered voters 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 the provisions of 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 registered voters to or from the
poll any carriage, horse or other animal which he knows the
owner thereof is prohibited by subsection (1) from letting,
lending or employing; and any person who contravenes the
provisions of this subsection shall be guilty of illegal hiring.

(3) Nothing in this section or in section 121 shall
prevent a carriage, horse or other animal being let to or hired,
employed or used by a registered voter or several registered
voters at his own or their own joint cost for the purpose of
being conveyed to or from the poll.
119. (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;

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Penalty for
illegal
payment,
employment or
hiring.
[6 of 1997]

Certain
expenditure to
be illegal
practice.
(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 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.
120. Any candidate or election agent guilty of an
offence of illegal payment, employment or hiring shall be
guilty of an illegal practice; and any other person who is
guilty of an offence of illegal payment, employment or hiring
shall, on summary conviction, be liable to a fine of thirty-two
thousand five hundred dollars.
Illegal Practices
121. (1) No payment or contract shall, for the purpose
of promoting the election of a group of candidates at an
election, be made—

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Disorderly
behaviour at
election
meeting.


False state-
ments
concerning
candidates.
(a) on account of the conveyance of
registered voters to or from the poll,
whether for the hiring of horses or
carriages or for railway fares, water or
air transport fares or otherwise; or
(b) to a registered voter 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 a
registered voter as an advertising agent to exhibit for
payment bills and advertisements, a payment to or contract
with such voter, 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.
122. 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.
123. (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 in relation to the personal character or conduct of the
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Election publications.
[6 of 1997]

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 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.
124. (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 is specified in
paragraph (a);
(c) distribute or cause to be distributed any
printed document for the purpose
specified in paragraph (a),
unless the bill, placard, poster or document bears upon the
face thereof the names and addresses of the printer and
publisher.

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Miscellaneous
illegal
practices.
(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 the provisions of 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.
125. 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 a registered voter;
(b) applies for the appointment of a person to
vote on his behalf at an election as a proxy
knowing that he or the person for whose
appointment he applies is not a registered
voter or who in such application makes a
false statement as to his entitlement to apply
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—

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Plural voting

Penalty for
illegal practice.
(i) a forged identification card;
(ii) save as permitted by this Part the
identification card of some other
person;
(iii) a forged notice of appointment to vote
as a proxy on behalf of some other
person,
shall be guilty of an illegal practice.
126. Any person who—
(a) votes on his own behalf more than once at an
election in any one local authority area;
(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;
(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;
(d) votes as a proxy more than once on behalf of
the same registered voter; or
(e) votes as a proxy on behalf of more than three
registered voters,

shall be guilty of an illegal practice.
127. (l) Any person guilty of an illegal practice shall,
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[6 of 1997]

Treating.
on summary conviction—
(a) be liable to a fine of thirty-two
thousand five hundred dollars and to
imprisonment for six months; and
(b) subject to subsection (2) be incapable,
during a period of five years from the
date of his conviction, of being
registered as a voter or voting at an
election.
(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.
Corrupt Practices
128. 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
refraining from voting, at an election;
(b) every registered voter who corruptly accepts
or takes any such food, drink, entertainment
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Undue
influence.
Bribery.

or provision.
129. 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 or restraint;
(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;
(b) every person who by abduction, duress, or
any fraudulent contrivance, impedes or
prevents the free exercise of the franchise of
any registered voter or thereby compels,
induces or prevails upon any voter either to
vote or to refrain from voting at an election.
130. 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;

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(ii) lends or agrees to lend;
(iii) offers or promises;
(iv) promises to procure or promises to
endeavour to procure,
any money or valuable consideration to or
for any registered voter, or to or for any
other person, in order to induce any
registered voter 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;
(ii) lends or agrees to lend;
(iii) offers or promises;
(iv) promises to procure or promises to
endeav-our to procure,
any money or valuable consideration to or
for any registered voter, or to or for any
person on behalf of any registered voter, or
to or for any other person, on account of
such voter having voted or refrained from
voting at an election;
(c) every person who, directly or indirectly, by
himself or by any person on his behalf,
corruptly—
(i) gives or agrees to give;
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(ii) procures or agrees to procure;
(iii) offers or promises;
(iv) promises to procure or promises to
endeavour to procure,
any office, place or employment to or for
any registered voter or to or for any person
on behalf of any registered voter, or to or for
any other person, in order to induce such
voter 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;
(ii) procures or agrees to procure;
(iii) offers or promises;
(iv) promises to procure or promises to
endeavour to procure,
any office, place or employment to or for
any registered voter or to or for any person
on behalf of any registered voter, or to or for
any other person, on account of any
registered voter 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 councillors, or the vote of any
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registered voter at an election;
(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
councillors, or the vote of any registered
voter 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 an election;
(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 an
election;
(h) every registered voter who, before or during
an 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 refrain from
voting at an election;
(i) every person who, after an election, directly or
indirectly, by himself or by any other person
on his behalf receives any money or
valuable consideration on account of any
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Personation.
General penalty
for corrupt
practices.
[6 of 1997]
Penalty for
personation.
person having voted or refrained from
voting at an election.
131. (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 a
registered voter on his own behalf or
as a proxy on behalf of another
registered voter, and whether that
other person is living or dead or is a
fictitious person;
(b) votes in person or as proxy—
(i) or a person whom he knows or
has reasonable grounds for
supposing to be dead or to be a
fictitious person;
(ii) when he knows or has reasonable
grounds for supposing that his
appointment as proxy is no
longer in force.

(2) For the purpose of subsection (l)(b), a person
who has applied for a ballot paper for the purpose of voting
shall be deemed to have voted.
132. Every person who is guilty of a corrupt practice
other than as specified in section 133 shall be liable on
conviction on indictment to a fine of sixty-five thousand
dollars and to imprisonment for one year.
133. Every person who is guilty of personation or
aiding, abetting, counselling or procuring the commission of
the offence of personation shall be liable on conviction on
indictment to imprisonment for two years.
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Disqualifica-
tion.
Offences in
relation to
ballot boxes,
and ballot
papers,
identification
cards and
appointments
as proxy.
[6 of 1997]

134. (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 a voter in any
local authority area or of voting at any
election in any local authority area;
(b) of being elected as a councillor of any
local authority.
(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.
Miscellaneous Election Offences
135. (1) Every person who—
(a) forges or counterfeits or fraudulently
defaces, or destroys, any ballot paper
or the official mark thereon or any
identification card or notice of
appointment of a person to vote as a
proxy;
(b) without due authority supplies a ballot
paper to any person;
(c) fraudulently puts into any ballot box
any paper other than the lawful ballot
paper;

(d) without due authority destroys, takes,
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Voting when
not entitled.
[6 of 1997]

Interference
with notices
opens or otherwise interferes with
any ballot box or packet of ballot
papers then in use for the purposes of
an election,
shall be guilty of a misdemeanour,
and shall be liable—
(i) if he is an election officer
employed at a polling place, to
a fine of sixty-five thousand
dollars and to imprisonment
for two years;
(ii) if he is not an election officer, 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.
136. Every person who—
(a) not being a registered voter for a local
authority area, votes at an election in that
area;
(b) induces or procures any person not so
registered to vote at such election,
shall be liable on summary conviction to a fine of sixteen
thousand two hundred and fifty dollars and to imprisonment
for six months.
137. Every person who wilfully mutilates tears down,
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and lists.
[6 of 1997]

Property in
election
material.
Limitation of
time for
prosecution of
election
offences.
Certificate of
returning
officer.

Offences by
bodies
corporate.


Special
provision as to
convictions
destroys, obscures or makes any alteration in any list or notice
published in accordance with this Part for the purposes of or
in connection with an election shall be liable on summary
conviction to a fine of six thousand five hundred dollars or to
imprisonment for three months.
General
138. 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 returning officer.
139. A complaint or information against a person in
respect of any offence under this Part in relation to an election
shall be made or filed within one year after the offence was
committed.
140. In any prosecution under this Part, whether on
indictment or summarily, the certificate of the returning
officer that the election was duly held or that the person or
persons named therein was named as a candidate or
candidates at such election, shall be sufficient evidence of the
facts stated therein.
141. Where an offence under this Part 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 such capacity, he, as well as the body corporate, shall
be deemed to be guilty of the offence and punished
accordingly.
142. (1) A 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
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Publication of
notices by
election
officers.

Expenses of
election.

Meaning of
“committee
room”.
Application of
sections 2, 4, 5
and 6 of the
Local
finding.
(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) A 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.

143. Where any notice or other document is required
by any provision of this Part to be published by an election
officer, he shall cause the same to be affixed to the offices of
the council and of the returning officer and may cause such
further publication thereof as he may think desirable to bring
its contents to the attention of registered voters.
144. The expenses of an election (including the
payment of emoluments of election officers and their staffs)
shall be paid out of funds provided by the local authority.
145. In this Part 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 business with his agents in relation to an
election; nor shall any room or building be deemed to be a
committee room for the purposes of this Part by reason solely
of the candidate or any agent of the group of candidates
addressing therein registered voters, committee men or
others.
145A. The provisions of sections 2, 4, 5 and 6 of the
Local Authorities (Elections) (Amendment) Act 1990 shall
mutatis mutandis apply to elections to the neighbourhood
L.R.O. 1/2012
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Authorities
(Elections)
(Amendment)
Act to
elections to
neighbourhood
democratic
councils.
[10 of 1990]

Application of
General
Elections
(Observers) Act
to local
government
elections.
[17 of 1990]


Method of
questioning
validity of
election.

Presentation
and service of
election
petition.
democratic councils.
145B. The General Elections (Observers) Act shall
mutatis mutandis apply to any election held pursuant to the
provisions of any written law relating to local government.
PART IV
ELECTION AND MEMBERSHIP CONTROVERSIES
Disputed Elections
146. (1) Any question whether any person has been
validly elected as a councillor shall be referred to and
determined by the Court.
(2) Every such reference shall be by a petition
(hereinafter referred to as an election petition) presented to
the Court.
147. (l) An election petition may be presented by a
registered voter in the local authority area for which the
election was held or by a candidate at the election.
(2) The person whose election is complained of is
hereinafter referred to as the respondent and if the petition
complains of the conduct of the Chief Election Officer he shall
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Time for
presentation of
election
petition.
be deemed to be a respondent and if it complains of the
conduct of an election officer such officer shall be deemed to
be a respondent.
(3) An election petition shall be in the prescribed
form, state the prescribed matters and be signed by the
petitioner or all of the petitioners if more than one, and shall
be presented by delivering it at the office of the Registrar; and
the Registrar or the officer of the registry of the Court to
whom the petition is delivered shall, if required, give a receipt
therefor.
(4) The Registrar shall cause a copy of the
petition to be transmitted to such persons as may be
prescribed and shall cause the petition to be published in the
prescribed manner.
(5) An election petition shall be served in such
manner as may be prescribed.
148. (1) Subject to this section, an election petition
shall be presented within twenty-eight days of the publication
under section 101 of the results of the election.
(2) If the petition questions the validity of the
election of any person upon an allegation of a corrupt practice
and specifically alleges a payment of money or other reward
to have been made by the person elected who is the
respondent, or by an election agent or assistant agent or other
agent with his consent or connivance, since the date referred
to in subsection (1) in pursuance or furtherance of the alleged
corrupt practice, it may be presented within twenty-eight
days after the date of the payment.
(3) For the purposes of this section, the allegation
that the election of any person is avoided on the grounds that
corrupt or illegal practices or illegal payments, employments
or hirings were committed in reference to the election for the
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Amendment of
election
petition.
Security for
costs.
Service of
petition.

Objections to
security.
purpose of promoting or procuring the election of any person
thereat and had so extensively prevailed that they may
reasonably be supposed to have affected the allocation of
seats under section 101 shall be deemed to be an allegation of
corrupt practices, notwithstanding that the offences alleged
are or include offences other than corrupt practices.
149. The Court may, at any stage before conclusion of
the trial of an election petition, allow the petitioner to alter or
amend the petition in such manner and on such terms as may
seem just:
Provided that no amendment for the purpose of
inserting an allegation of a corrupt or illegal practice in a
petition shall be allowed, unless made within the time within
which a petition might have been presented under section
148.
150. (1) At the time of presenting an election petition
or within three days afterwards the petitioner shall give
security for all costs which may become payable by him to
any witness summoned on his behalf or to any respondent.
(2) Security shall be of an amount of five hundred
dollars and shall be given in the prescribed manner by
recognisance entered into by any number of sureties not
exceeding four or by a deposit of money, or partly in one way
and partly in the other.
151. Within the prescribed time, not exceeding five
days after the presentation of an election petition, the
petitioner shall in the prescribed manner serve on the
respondent a notice of the presentation of the petition, and of
the nature of the security or proposed security, and a copy of
the petition.
152. (1) Within a further prescribed time, not
exceeding ten days after service of the notice of the
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Dismissal of
petition on
failure to give
security.



Substitution of
petitioner on
failure to give
security.
presentation of the petition, the respondent may object in
writing to any recognisance on the ground that any surety is
insufficient or dead or cannot be found or ascertained for
want of a sufficient description in the recognisance, or that the
person named in the recognisance has not duly
acknowledged the recognisance.
(2) An objection to the security shall be heard and
decided by a Judge, whose decision shall be final, and if the
objection be allowed the petitioner may, within such time as
may be allowed remove the objection by giving further
security either in the form of an additional recognisance with
a surety or sureties approved by the Judge, or by deposit in
the prescribed manner of such sum of money as the Judge
may deem sufficient.
(3) The costs of hearing or deciding objections
made as to security shall be paid as ordered by the Judge or,
in the absence of such order, shall form part of the general
costs of the petition.
153. (1) If security as provided in section 150 is not
given by the petitioner, or if any objection is allowed and not
removed as in section 152 provided, no further proceedings
shall, subject to section 155, be had on an election petition and
the respondent may apply to a Judge for an order directing
the dismissal of the petition and for the payment of the
respondent’s costs.
(2) The costs of hearing and deciding such
application shall be paid as ordered by the Judge or, in
absence of such order, shall form part of the general costs of
the petition.

154. (1) On the hearing of an application under section
153 any person who might have been a petitioner in respect of
the matter to which the election petition relates may apply to
the Judge to be substituted as a petitioner for the original
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Petition at
issue.
Trial of
petition.

petitioner and the Judge may, if he thinks fit, dismiss the
original petitioner from the petition and substitute as the
petitioner such applicant, who shall provide security in the
sum of five hundred dollars and subject to the like conditions
and to the same rights of objection as in the case of the
original petitioner.
(2) Such security shall be given within three days
of the making of the order of substitution and on the failure of
the applicant to comply with this subsection the petition shall
stand dismissed.
155. On the expiration of the time limited for
objections or, after objection made, on the objection being
disallowed or removed whichever last happens, the election
petition shall be at issue.
156. (1) An election petition shall be tried by the Court
in open court, without a jury, and notice of the time and place
of trial shall be given in the prescribed manner not less than
fourteen days before the day of trial.
(2) The Court may in its discretion adjourn the trial
from time to time, but the trial shall, so far as is practicable
consistently with the interests of justice in respect of the trial,
be continued from day to day on every lawful day, not being
a holiday observed by the Court, until its conclusion:
Provided that an election petition may be presented
and heard and all other necessary proceedings thereunder
may be taken during any period appointed as a vacation to be
observed by the Court.
(3) The trial of an election petition shall be
proceeded with notwithstanding the resignation by the
respondent as a councillor.
(4) On the trial of the petition, unless the Court
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Witnesses.

Power of court
to summon
witnesses.
otherwise directs, any charge of a corrupt or illegal practice
may be gone into and evidence in relation thereto received,
before any proof has been given of agency on behalf of any
candidate in respect of the corrupt or illegal practice.

157. Witnesses shall be summoned and sworn in the
same manner as in an ordinary action within the jurisdiction
of the Court and shall be subject to the same penalties for
perjury.
158. (1) On the trial of an election petition the Court
may by order require any person who appears to it to have
been concerned in the election to attend as a witness and any
person refusing to obey this order shall be guilty of contempt
of court.
(2) The Court may examine any person so required
to attend or who is in court, although he is not called or
examined by any party to the petition.
(3) A witness may, after his examination by the
Court under subsection (2), be cross-examined by or on behalf
of the petitioner and respondent, or either of them.
(4) The Director of Public Prosecutions shall obey
any direction given him by the Court with respect to the
summoning and examination of any witness to give evidence
at the trial:
Provided that the examination of a witness may be
conducted by such counsel as the Director of Public
Prosecutions may appoint as his representative for that
purpose and it shall not be necessary for a person appointed
as the representative of the Director of Public Prosecutions
under any provision of this Part to produce any commission
or other proof of his having been so appointed.
(5) The Director of Public Prosecutions shall
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Obligation of
witness to
answer.
without any direction from the Court cause any person
appearing to him to be able to give material evidence as to the
subject of the trial to attend the trial and either himself or his
representative shall, with the leave of the Court, examine him
as a witness.
159. (1) A person called before the Court as a witness
respecting an election shall not be excused from answering
any question relating to any offence at or connected with the
election on the ground that the answer thereto may criminate
or tend to criminate him or on the ground of privilege:

Provided that—
(a) a witness who answers truly all
questions which he is required by the
Court to answer shall be entitled to
receive a certificate of indemnity from
the Court stating that the witness has
so answered; and
(b) an answer by a person to a question
put by or before the Court when
trying an election petition shall not,
except in the case of any criminal
proceedings for perjury in respect of
the evidence, be in any proceedings,
civil or criminal, admissible in
evidence against him.
(2) Where a person has received a certificate of
indemnity in relation to an election, and any legal proceeding
is at any time instituted against him for any corrupt or illegal
practice, or any illegal payment, employment or hiring, or any
offence under section 124 or under section 166 committed by
him previously to the date of the certificate at or in relation to
the election, any court having cognisance of the case shall, on
production of the certificate, stay the proceedings and may, in
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Voter not to be
asked for
whom he
voted.
Expenses of
witnesses.
Production of
election
documents.
its discretion, award to the said person such costs as he may
have been put to in the proceeding.
(3) Nothing in this section shall be deemed to
relieve a person receiving a certificate of indemnity from any
incapacity under any law relating to elections or from any
proceedings (other than a criminal prosecution) to enforce
such incapacity.
160. No person who has voted at any election shall, in
any proceeding on an election petition, be required to state for
which list of candidates he has voted.
161. (1) The reasonable expenses incurred by any
person in appearing to give evidence at the trial of an election
petition, according to the scale allowed to witnesses in the
trial of civil actions before the Court, may be allowed to such
person under the hand of a Judge or the Registrar, and the
amount to be paid to any such witness shall be ascertained
and certified by the Registrar.

(2) The expenses of a witness called by a party
shall be deemed to be costs of the petition but the expenses of
a witness called by the Court shall be deemed part of the
expenses of the Court and paid out of moneys provided for
such expenses.

162. Any document or paper relating to an election
and required to be kept thereafter in safe custody by the
Chief Election Officer under section 105 may be inspected or
produced under an order of the Court for the purpose of an
election petition and the order may be made by a Judge on his
being satisfied by evidence on oath that such inspection or
production is required for the purpose aforesaid:
Provided that the Chief Election Officer shall, after the
expiration of twelve months from the date of an election, burn
all such documents and papers relating thereto.
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Scrutiny.

Withdrawal of
petition.

Evidence
required for
withdrawal of
petition.
163. (1) On a scrutiny at the trial of an election
petition any tendered vote proved to be a valid vote shall, on
the application of any party to the petition be added to the
poll and any vote given on a ballot paper in contravention of
the provisions of section 94(2) shall be struck off.
(2) Any decision referred to in section 94(5) shall
be subject to reversal by the Court on an election petition.
164. (1) A petitioner shall not withdraw an election
petition without the leave of the Court on special application,
made in the prescribed manner and at the prescribed time
and place.
(2) The application shall not be made until the
prescribed notice of intention to make it has been given in the
prescribed manner.
(3) Where there are more petitioners than one, the
application shall not be made except with the consent of all
the petitioners.
(4) If a petition is withdrawn the petitioners shall
be liable to pay the costs of the respondent.


165. (1) Before leave for the withdrawal of an election
petition is granted, there shall be produced affidavits by all
the parties to the petition and their solicitors and by the
election agents of all the said parties who were candidates at
the election, but the Court may on cause shown dispense with
the affidavit of any particular person if it seems to the court
on special grounds to be just so to do.
(2) Each affidavit shall state that, to the best of the
deponent’s knowledge and belief, no agreement or terms of
any kind whatsoever has or have been made, and no
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Punishment for
corrupt
withdrawal
[6 of 1997]
undertaking has been entered into, in relation to the
withdrawal of the petition; but if any lawful agreement has
been made with respect to the withdrawal of the petition, the
affidavit shall set forth that agreement, and shall make the
foregoing statement subject to what appears from the
affidavit.
(3) The affidavits of the applicant and his solicitor
shall further state the grounds on which the petition is sought
to be withdrawn.
(4) Copies of the said affidavits shall be delivered
to the Director of Public Prosecutions a reasonable time before
the application for the withdrawal is heard, and the Court
may hear the Director of Public Prosecutions, or his duly
appointed representative, in opposition to the allowance of
the withdrawal of the petition, and shall have the power to
receive the evidence on oath of any person or persons whose
evidence the Director of Public Prosecutions or his
representative may consider material.
(5) Where more than one solicitor is concerned for
the petitioner or respondent, whether as agent for another
solicitor or otherwise, the affidavit shall be made by all such
solicitors.
166. If any person makes any agreement or terms or
enters into any undertaking, in relation to the withdrawal of
an election petition, and such agreement, terms or
undertaking is or are for the withdrawal of the petition in
consideration of any payment, or in consideration that a seat
shall at any time be vacated, or in consideration of the
withdrawal of any other such election petition, or is or are
(whether lawful or unlawful) not mentioned in the aforesaid
affidavits, he shall be guilty of a misdemeanour and shall be
liable on conviction on indictment to a fine of sixty-five
thousand dollars and to imprisonment for twelve months.

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Substitution of
new petitioner
on withdrawal
of petition.

Report on
withdrawal.

167. (l) On the hearing of the application for leave to
withdraw a petition any person who might have been a
petitioner in respect of the matter to which the petition
relates may apply to the Court to be substituted as the
petitioner and the Court may, if it thinks fit, substitute him
accordingly.
(2) If the proposed withdrawal is in the opinion of
the Court the result of any agreement, terms or undertaking
prohibited by section 166 or induced by any corrupt bargain
or consideration, the Court may by order direct that the
security given on behalf of the original petitioner shall
remain as security for any costs that may be incurred by the
substituted petitioner, and that, to the extent of the sum
named in the security, the original petitioner and his surety
shall be liable to pay the costs of the substituted petitioner.
(3) If no such order is made with respect to the
security given by or on behalf of the original petitioner,
security to the same amount as would be required in the case
of a new petition and subject to the like conditions and to the
same right of objection shall be given by or on behalf of the
substituted petitioner within three days after the making of
the order of substitution and before he proceeds with the
petition; and if the substituted petitioner fails to comply with
the provisions of this subsection the petition shall stand
dismissed.
(4) Subject as aforesaid, a substituted petitioner
shall, as nearly as may be, stand in the same position and be
subject to the same liabilities as the original petitioner.
168. (l) Where an election petition is withdrawn, the
Court shall make a report to the clerk of the local authority.
(2) The report shall state whether in the opinion of
the Court the withdrawal of the election petition was the
result of any agreement, terms or undertaking or was in
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Abatement of
petition.


Withdrawal
and
substitution of
respondents
before trial.
consideration of any payment, or in consideration that a seat
should be at any time vacated or in consideration of the
withdrawal of any other such election petition or for any
other consideration, and if so, shall state the circumstances
attending the withdrawal.
169. (1) An election petition shall be abated by the
death of a sole petitioner or of the survivor of several
petitioners.
(2) The abatement of the petition shall not affect
the liability of the petitioner or any other person to the
payment of costs incurred in respect of any proceeding taken
prior to the abatement.
(3) On the abatement of a petition the prescribed
notice thereof shall be given in the prescribed manner; and
any person who might have been a petitioner may, within the
prescribed time after the notice is given, apply to the Court in
the prescribed manner to be substituted as a petitioner; and
the Court may if it thinks fit, substitute him accordingly.
(4) Security shall be given on behalf of a petitioner
so substituted as in the case of a new petition.
170. (1) If before the trial of an election petition—
(a) a respondent other than the Chief
Election Officer or an election officer
gives the prescribed notice that he
does not intend to oppose the petition
or dies, the Registrar shall give notice
thereof in the prescribed manner and
any person who might have been a
petitioner in respect of the election
may, within the prescribed time after
the notice is given apply to the Court
to be admitted as a respondent to
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Avoidance of
election of
candidate for
corrupt or
illegal practice
or lack of
qualification.

oppose the petition, and shall be
admitted accordingly;
(b) any person who might have been a
petitioner in respect of the election
gives notice in the prescribed manner
that he intends at the trial to apply to
be admitted as a respondent, then at
the trial of the petition, upon the
Court being satisfied that there are
reasonable grounds for believing that
circumstances have arisen that, if the
original respondent (not being the
Chief Election Officer or an election
officer) were a councillor, would
cause him to vacate his seat under
section 40, the Court may admit such
person as a respondent to oppose the
petition:

Provided that the number of persons admitted under
this subsection shall not exceed three.
(2) A respondent who has given the prescribed
notice that he does not intend to oppose the petition shall not
be allowed to appear or act as a party against the petition in
any proceedings thereon.
171. (1) Where on an election petition it is shown
that—
(a) a corrupt or illegal practice was
committed in connection with the
election by a candidate or by any
agent of the candidate with his
consent or connivance;
(b) a candidate was at the time of his
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Re-allocation of
seats.

Avoidance of
election for
widespread
corrupt or
illegal
practices.
election a person not qualified, or a
person disqualified, for election,
the Court shall declare his election to be void.
(2) For the purpose of subsection (1)(b), an agent of
a candidate means an election agent or assistant agent or any
other person acting under the general or special authority of a
candidate with reference to the election.
(3) Upon a declaration of the Court under
subsection (1), the vacant seat in the local authority shall be
filled in accordance with section 103.
172. (1) Where on an election petition it is shown that
the seats in the council were not allocated in accordance with
section 99, the Court shall order that the seats be reallocated
by the returning officer in accordance with those provisions
and that the election of councillors be re-declared in
accordance with section 100.
(2) Where on an election petition the Court, on a
scrutiny determines that the number of valid votes cast for
any list of candidates differs from the number of votes upon
which seats in the council were allocated to that list, the Court
may order that the allocation of seats to that list be reviewed
by the returning officer and that, on it appearing to the
returning officer from such review that any seat was not
allocated in accordance with section 99, such seat shall be
reallocated by the returning officer in accordance with those
provisions and the election of councillors shall be re-declared
by the returning officer in accordance with section 100.
173. (1) Where on an election petition it is shown
that—
(a) corrupt or illegal practices or illegal
payments, employments or hirings
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committed have so extensively
prevailed that they may be reasonably
supposed to have affected the
allocation of seats under section 99;
(b) the election was not conducted in
accordance with the principles laid
down in Part III (such circumstances
being hereinafter referred to as
“procedural irregularities”) and such
procedural irregularities may
reasonably be supposed to have
affected the allocation of seats under
section 99,
the Court shall declare the election to be void.
(2) The election shall not be liable, by reason of
general corruption, bribery, treating or intimidation, to be
avoided otherwise than by virtue of subsection (l)(a).
(3) The election shall not be declared invalid by
reason of any act or omission by the Chief Election Officer or
any election officer in breach of his official duty in connection
with the election or otherwise if it appears to the Court that
the election was so conducted as to be substantially in
accordance with the law relating to the election and that the
act or omission may not reasonably be supposed to have
affected the allocation of seats under section 99.
(4) The validity of the election shall not be
impugned on the ground that the application of any
registered voter entitled to apply to vote by proxy so to vote
was refused or that the application of any registered voter not
entitled to apply so to vote was granted; and such refusal and
grant shall be deemed not to be procedural irregularities and
notwithstanding any of the provisions of this section the
election shall not be declared to be void by reason thereof.
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Conclusion of
trial of petition.

Case stated.
Costs of
petition


174. At the conclusion of the trial of an election
petition the Court shall forthwith certify in writing its
determination to the clerk of the local authority and upon any
such certificate being given the determination of the Court
shall be final; and the Court may in addition to giving the
certificate and at the same time, make a special report to the
clerk of the local authority as to matters arising in the course
of the trial an account of which in the judgment of the Court
ought to be submitted to the local authority.
175. (1) If, on the application of any party to an
election petition made in the prescribed manner to the Court,
it appears to the Court that the case raised by the petition can
be conveniently stated as a special case, the Court may direct
it to be stated accordingly and the special case shall be heard
before the Court, and the Court shall certify in writing to the
clerk of the local authority its determination in relation to the
special case.
(2) If it appears to the Court on the trial of an
election petition that any question of law requires further
consideration by the Full Court, the Court may adjourn the
further hearing of the petition or postpone its determination
thereon, and reserve such questions by stating a case for the
decision of the Full Court, and the Full Court shall have
power to hear and decide any question so reserved; and the
Court shall determine the petition in accordance with the
decision of the Full Court on the question so reserved.
176. (1) All costs of and incidental to the presentation
of an election petition and the proceedings consequent
thereon, except such as are by this section otherwise provided
for, shall be defrayed by the parties to the petition in such
manner and in such proportion as the Court may determine;
and in particular any costs which in the opinion of the Court
have been caused by vexatious conduct, unfounded
allegations or unfounded objections on the part either of the
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c. 10:01
Further
provision as to
costs.
petitioner or of the respondent, and any needless expense
incurred or caused on the part of the petitioner or respondent
may be ordered to be defrayed by the parties by whom it has
been incurred or caused whether or not they are on the whole
successful.

(2) If a petitioner neglects or refuses for six months
after demand to pay to any person summoned as a witness on
his behalf or to the respondent any costs certified or adjudged
to be due to him and the neglect of refusal is, within one year
after the demand, proved to the satisfaction of the Court,
every person who in accordance with section 150 entered into
a recognisance relating to the petition shall be held to have
made default in the recognisance and such default shall be
dealt with under section 208(1) and (2) of the Criminal Law
(Procedure) Act as though committed at the then current
sitting of the Court in the exercise of its criminal jurisdiction
in the county where the petition was tried, or, if the Court is
not then so sitting, such default shall be deemed to have been
dealt with under those subsections as though committed at
the last preceding sitting of the Court as aforesaid, and the
recognisance shall be enforceable accordingly.
177. (l) Where upon the trial of an election petition it
appears to the Court that any person or persons is or are
proved, whether by providing money or otherwise, to have
been extensively engaged in corrupt practices, or to have
encouraged or promoted extensive corrupt practices in
reference to the election to which the petition relates, the
Court may, after giving that person or those persons an
opportunity of being heard by counsel or solicitor and
examining and cross-examining witnesses to show cause why
the order should not be made, order the whole or part of the
costs to be paid by that person or those persons or any of
them and may order that if the costs cannot be recovered
from one or more of those persons they shall be paid by some
other of those persons or by either of the parties to the
petition.
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Report of the
Court.
(2) Where any person appears to the Court to have
been guilty of a corrupt or illegal practice, the Court may,
after giving that person an opportunity of making a statement
to show why the order should not be made, order the whole
or any part of the costs of or incidental to any proceeding
before the Court in relation to the said offence or to the said
person to be paid by the said person to such person or
persons as the Court may direct.
178. (1) Where, in an election petition a charge is
made of a corrupt practice or an illegal practice having been
committed at the election to which the petition relates, the
Court shall, when certifying its determination as hereinbefore
provided, report in writing to the Minister and the clerk of the
local authority who shall submit such report to the council,
(a) whether any corrupt practice or illegal
practice has or has not been proved to
have been committed by or with the
consent or connivance of any
candidate at the election, and the
nature of the corrupt practice or
illegal practice;
(b) the names of all persons, if any, who
have been proved at the trial to have
been guilty of any corrupt practice or
illegal practice;
(c) whether corrupt practices or illegal
practices have or whether there is
reason to believe that corrupt
practices or illegal practices have,
extensively prevailed at the election to
which the petition relates; and
(d) if any person is reported to have been
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guilty of any corrupt practice or of
any illegal practice, whether he has or
has not been furnished with a
certificate of indemnity.
(2) Before a person, not being a party to the
petition or a candidate on behalf of whom a seat is claimed by
the petition, is reported by the Court to have been guilty, at
the election, of any corrupt or illegal practice, the Court shall
cause notice to be given to such person.
(3) If the person appears in pursuance of the
notice, the Court shall give him an opportunity of being heard
by himself and of calling evidence in his defence to show why
he should not be so reported.
(4) Every person who is reported by the Court to
have been personally guilty of any corrupt or illegal practice
at the election shall, whether he obtained a certificate of
indemnity or not, be subject to the same incapacities as he
would be subject to if he had at the date of such election been
convicted of the offence of which he is reported to have been
guilty.
(5) If the Court reports that any corrupt practice
has been proved to have been committed in reference to the
election by or with the consent or connivance of a candidate
at the election, the candidate shall be incapable during a
period of five years next after the date of the report, of being
elected a councillor of any local authority and he shall further
be subject to the same incapacities as if at the date of the said
report he had been convicted of such corrupt practice.
(6) If the Court reports that any illegal practice has
been proved to have been committed in reference to the
election by or with the consent or connivance of a candidate
at the election, the candidate shall be incapable, during a
period of five years next after the date of the report, of being
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Exemption
from liability.

Removal of
incapacity.

elected a councillor of any local authority and he shall further
be subject to the same incapacities as if at the date of the
report he had been convicted of such illegal practice.
179. (1) Where a person who is subject to incapacity
by reason of his conviction of a corrupt or illegal practice is
reported under section 178 to be guilty of such corrupt or
illegal practice, no further incapacity shall be imposed on him
under the provisions of subsection (4) of that section.
(2) Where a person who is subject to incapacity
under section 178(4) for any corrupt or illegal practice is
convicted of such corrupt or illegal practice no further
incapacity shall be deemed to be imposed on him by reason of
the conviction.
(3) Every reference to consequences in section 121
shall be construed to include a reference to consequences
under this Part and nothing provided in this Part shall
abridge any powers of the Court under that section.
180. (1) Where any person is subject to any incapacity
by virtue of conviction of an offence or the report of the Court
under section 184 and he or some other person in respect of
whose act the incapacity was imposed, is on a prosecution
acquitted of any of the matters in respect of which the
incapacity was imposed, the acquittal shall thereafter, or if an
appeal be made, after the expiration of the ordinary period
allowed for making an appeal or, if an appeal is made and the
acquittal is affirmed, after the appeal is finally disposed of or
if an appeal is made and is abandoned or fails by reason of
non-prosecution thereof, after the appeal is abandoned or so
fails, be reported to the Court which may, if it thinks fit, order
that the incapacity shall thenceforth cease so far as it is
imposed in respect of those matters.

(2) Where a person becomes subject to any
incapacity by virtue of conviction of an offence or the report
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References of
questions as to
vacancy in
local authority.
Contents,
delivery and
service of
vacancy
petition.
of the Court under section 178 and any witness who gave
evidence against such incapacitated person upon the
proceeding for such conviction or report is subsequently
convicted of perjury in respect of that evidence, the
incapacitated person may apply to the Court, and the Court,
if satisfied that the conviction or report regarding such person
was based upon perjury may order that such incapacity shall
thenceforth cease, and the same shall cease accordingly; and if
by reason of the conviction or report a vacancy has occurred
in the local authority and such vacancy has been filled by
another person in accordance with section 106, such other
person shall cease to be a councillor and the person whose
incapacity has ceased shall be re-instated as a councillor.
Disputed Vacancies
181. (1) Any question whether a councillor has
vacated his office shall be referred to and determined by the
Court.
(2) Every such reference shall be by a petition
(hereinafter referred to as a vacancy petition) presented to the
Court by—
(a) the clerk of the local authority when so
authorised by the resolution of the
local authority;
(b) a registered voter for the local
authority area.
182. (1) A vacancy petition shall be in the prescribed
form, state the prescribed matters and be signed by such
persons as may be prescribed, and shall be presented by
delivering it at the office of the Registrar, and the Registrar or
the officer of the registry of the Court to whom the petition is
delivered shall, if required, give a receipt therefor.

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Security for
costs.
[6 of 1981]


Service of
petition.
Parties to
vacancy
petition.

(2) The Registrar shall cause a copy of the
petition to be transmitted to such persons as may be
prescribed and shall cause the petition to be published in the
prescribed manner.
(3) A vacancy petition shall be served in such
manner as may be prescribed.

183. (1) When a vacancy petition has been presented
to the Court by a registered voter pursuant to section
181(2)(b), the petitioner shall at the time of delivering the
reference to the Registrar or within three days afterwards give
security for all costs which may become payable by him to
any witness summoned on his behalf or to any party to the
petition.
(2) Security shall be an amount of five hundred
dollars and shall be given in the prescribed manner by
recognisance entered into by any number of sureties
approved by the Court not exceeding four or by a deposit of
money, or partly in one way and partly in the other.
184. Within the prescribed time, not exceeding five
days after delivery of a vacancy petition, the petitioner shall
cause notice of the presentation of the petition, and of the
nature of the security or proposed security and a copy of the
petition to be served upon—
(a) the councillor whose office is the subject-
matter of the petition;
(b) such other person as may be prescribed.
185. The parties to a vacancy petition shall be—
(a) the petitioner;
(b) the councillor whose office is the subject-
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Application of
provisions.
Determination
of vacancy
petition.

References to
the Court.
matter of the petition;
(c) such other person as, in the opinion of the
Court, is interested in the determination of
the question referred, and whom the Court
directs may be heard upon the hearing of
the reference:
Provided that the Court shall hear the Director of
Public Prosecutions or other representative appointed by him
whether or not he is a party to the petition, and shall have
power to receive the evidence on oath of any person whose
evidence the Director or his representative may consider
material.

186. Subject to such modifications and adaptations as
may be necessary for the purpose, the following provisions of
this Part shall so far as they are applicable, have effect on a
vacancy petition presented to the Court, namely - sections
152, 153, 154 and 155, section 156(1), (2) and (3), sections 157,
158, 175 and 176:
Provided that in section 153(1) the reference to section
150 shall be deemed to be a reference to section 183.
187. The Court shall, at the conclusion of the hearing
of a vacancy petition, determine the question thereby referred
to it and shall forthwith certify in writing such determination
to the clerk of the local authority; and the certified
determination of a vacancy petition by the Court shall be
final.
Disputes regarding elections to certain offices
188. (1) Any question whether any person has been
validly elected to an office to which this section applies, or,
having been so elected, has vacated such office shall be
determined by the Court upon a reference thereto.
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Delivery of
reference.

Security for
costs.
(2) No such question shall be referred to the Court
except by—
(a) the clerk of the local authority;
(b) a councillor of the local authority.
(3) This section applies to offices in a local
authority (other than the office of councillor) the holder of
which is a councillor elected from among their number by the
councillors or the persons elected to be councillors.
189. (1) A reference to the Court questioning whether
a person was validly elected to an office to which section 188
applies shall be delivered to the Registrar within twenty-
one days of the election or the appointment, as the case
may be.
(2) The reference shall be in the prescribed form,
state the prescribed matters and be signed by such person as
may be prescribed.
(3) The Registrar shall send a copy of a reference
made by a councillor to the clerk of the local authority who
shall cause it to be laid before the local authority.
190. (1) When a question has been referred to the
Court under sections 188 and 189 by a councillor, the
councillor so referring the question shall at the time of
delivering the reference to the Registrar or within three days
afterwards, give security for all costs which may become
payable by him to any witness summoned on his behalf or to
any party to the reference.
(2) Security shall be an amount of five hundred
dollars and shall be given in the prescribed manner by
recognisance entered into by any number of sureties
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Parties to a
reference.
Determination
of references.

Powers
exercisable by
single judge.

approved by the Court not exceeding four or by a deposit of
money, or partly in one way and partly in the other.
191. The parties to a reference to the Court under
sections 188 and 189 shall be—
(a) the clerk of the local authority or the
councillor referring the question as the case
may be;
(b) the person whose election to or tenure in an
office to which section 188 applies or whose
appointment as a councillor is questioned;
(c) such other person as the Court may direct.
192. At the conclusion of the hearing of a reference
under sections 188 and 189 the Court shall determine whether
the person has been validly elected to an office to which
section 180 applies or whether he has vacated such office or
has been validly appointed as a councillor, as the case may
require, and shall forthwith certify in writing such
determination to the Minister and to the clerk of the local
authority; and the certified determination by the Court of
such reference shall be final.
General
193. Any of the powers of the Court conferred by or
under any of the provisions of this Part may be exercised by a
single Judge:

Provided that any power, jurisdiction or authority
vested in the Court under section 196 with respect to
proceedings brought by or under this Part shall only be
exercisable by such number of Judges as could exercise that
power, jurisdiction or authority if the proceedings were an
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Service of
notices.
Costs.
Powers of
Court.

Matters to be
prescribed by
rules of court.
ordinary action within the jurisdiction of the Court.

194. Any summons, notice or document required to be
served on any person with reference to any proceedings
under this Part for the purpose of causing him to appear
before the Court or otherwise, or of giving him an
opportunity of making a statement, or showing cause, or
being heard by himself before any Court for any purpose of
this Act, may be served—
(a) by delivering it to that person; or
(b) by leaving it at, or sending it by post by a
registered letter to, his last known place of
abode; or
(c) in such manner as may be—
(i) prescribed, or
(ii) directed by any Judge before whom the
proceeding is taken.
195. Subject to this Part and rules made by the virtue
thereof, the rules of court with respect to costs in action,
causes and matters in the Court shall, so far as practicable,
apply in relation to costs of petitions and other proceedings
under this Part.
196. The Court shall, subject to this Part and rules
made by virtue thereof, have the same powers, jurisdiction
and authority with respect to any proceedings brought under
or by virtue of this Part as if the proceedings were an ordinary
action within the jurisdiction of the Court.
197. Anything which this Part authorises or requires
to be prescribed shall be prescribed by rules of court.
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Regulations.
Rules of
Court.
c. 3:02
Exemption
from stamp
duty.
Publication of
notices by
local authority.
Duty not to
disclose
fingerprints.
PART V
MISCELLANEOUS AND TRANSITIONAL PROVISIONS
198. Subject to negative resolution of the National
Assembly, the Minister may make regulations for giving
effect to this Act and anything which is to be prescribed in
pursuance of this Act shall, except as is provided by section
197, be prescribed by such regulations.
199. The power conferred by the High Court Act to
make rules of court shall be deemed to include the power to
make rules of court for any of the purposes of this Act.
200. Notwithstanding any other law, all declarations
under this Act or regulations thereunder shall be exempt from
stamp duty.
201. Where any notice is required to be published by
a local authority under this Act, the same shall be published
by affixing it to the offices of the local authority and it may
also be published in such other manner, if any as is, in the
opinion of the local authority, expedient to give publicity
thereto.
202. No election officer or registration officer shall
produce for inspection or supply a copy of the thumb-print,
fingerprint or photograph of an applicant for registration as a
voter or of a registered voter except—
(a) for the purposes of this Act and its
enforcement;
(b) for purposes connected with the registration
of voters and the conduct of an election;
(c) as otherwise expressly provided by law.
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Prosecutions
and penalties.
[6 of 1997]

Expenses of
Chief Election
Officer.
Removal of
difficulties.

s. 40
203. (l) Save as otherwise expressly provided, all
offences against this Act shall be prosecuted under the
Summary Jurisdiction Acts.
(2) A person guilty of an offence against this Act
for which no special penalty is provided, shall be liable to a
fine of thirty-two thousand five hundred dollars or to
imprisonment for six months.

204. The expenses of the Chief Election Officer and
his staff shall be paid out of the funds provided by
Parliament.
205. (1) If at any time any difficulty arises in
connection with the application of this Act or in bringing into
operation any of the provisions, the Minister may by order
make any provision that appears to him necessary or
expedient for removing the difficulty.
(2) Any such order may modify this Act in respect
of any particular matter or occasion so far as may appear to
the Minister to be necessary or expedient for removing the
difficulty.
(3) Section 198(3) and (4) shall mutatis mutandis
apply to any order made under this section as they apply to
regulations made under the said section 198.
__________
SCHEDULE
OFFICERS DISQUALIFYING FOR OFFICE AS
COUNCILLOR
Member of the National Assembly.
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Judge of the Supreme Court of Judicature.
Ombudsman.
Director of Public Prosecutions.
Magistrate.
Member of the Police Force.
Member of the Guyana Defence Force.
Member of Local Government Service Commission.
Local Government Officer.
Chief Election Officer.
Election Officer.
Registration Officer.
__________

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SUBSIDIARY LEGISLATION
_________________
O. 31/1970
Citation.
Registrar to
prepare
register.
First Schedule.
Qualifying
date.
Second
Schedule
cl.2
c. 28:01
LOCAL AUTHORITIES (ELECTIONS)
(REGISTRATION OF VOTERS) ORDER
made under section 8(1)
1. This Order may be cited as the Local Authorities
(Elections) (Registration of Voters) Order.
2. The electoral registrar of every local authority area
described in the First Schedule is required to prepare a
register of voters for the local authority area of which he is
the electoral registrar.
3. The 30th April, 1970, is the qualifying date with
reference to which a person shall be qualified to be
registered in pursuance of this Order.
4. The days set out in the second column of the
Second Schedule shall be the days with reference to which
the matters set out in the first column of that Schedule
opposite such days, respectively, shall be done.
FIRST SCHEDULE
THE CITY OF GEORGETOWN
Being all that area comprising the City of Georgetown as
provided for by section 7 of the Municipal and District
Councils Act.
THE TOWN OF NEW AMSTERDAM
Being all that area comprising the Town of New Amsterdam
as provided for by section 28 of the Municipal and District
Councils Act.
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[ O.29/1970]

[O. 28/1970]
[O.27.1970]
THE TOWN OF LINDEN
Being all that area comprising the Town of Linden as provided
for by clause 2 of the Linden Town (Constitution) Order.
THE LEGUAN LOCAL GOVERNMENT DISTRICT
Being all that area comprising the Leguan Local Government
District as provided for by clause 2 of the Leguan Local
Government District (Constitution) Order.
THE SHEET ANCHOR/CUMBERLAND LOCAL
GOVERNMENT DISTRICT
Being all that area comprising the Sheet Anchor/Cumberland
Local Government District as provided for by clause 2 of the
Sheet Anchor/ Cumberland Local Government District
(Constitution) Order.

THE BARTICA VILLAGE DISTRICT
Being all that area for the time being comprising the Bartica
Village District as constituted under the Local Government Act.


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cl. 4
SECOND SCHEDULE
MATTERS DAY
1. The day not later than
which the electoral registrar
shall publish the preliminary
list under section 12 of the
Act.
2. The days to be specified in
the notice published under
section 12 of the Act on
which application may be
made for registration as
voters.
3. The days on which
objections may be lodged
against the inclusion of
names in the preliminary
lists and on which
applications may be made by
persons whose names appear
in the preliminary list for
correction of their particulars
as shown in the list.
4. The day not later than
which the supplementary
lists and all forms of
objections and applications
for correction of particulars
shall be sent by the assistant
electoral registrar to the
electoral registrar under
section 19 of the Act.
Monday, 4th May, 1970.
Tuesday, 5th May, 1970
to Monday, 11th May,
1970 (both days
inclusive)
Tuesday, 5th May, 1970
to Monday, 11th May,
1970 (both days
inclusive)
Monday. 18th May,
1970.

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O.83/1970.
Citation.
Registrar to
prepare
register.
First Schedule.
Qualifying
date.
Second
Schedule
MATTERS
5. The day not later than
which the electoral registrar
shall hear and determine
objections and applications
for correction of particular.
6. The day not later than
which the electoral registrar
shall correct the preliminary
and supplementary lists
under section 22 of the Act.
DAY
Wednesday, 20th May,
1970.
Thursday, 21st May,
1970.
------------------------------
LOCAL AUTHORITIES (ELECTIONS) (REGISTRATION OF
VOTERS) (No. 2 ORDER)
made under section 8(1)
1. This Order may be cited as the Local Authorities
(Elections) (Registration of Voters) (No. 2) Order.
2. The electoral registrar of ever local authority area
specified in the First Schedule is required to prepare a register of
voters for the local authority area of which he is the electoral
registrar.
3. The 30th April, 1970, is the qualifying date with
reference to which a person shall be qualified in pursuance of this
Order.
4. The days set out in the second column of the Second
Schedule shall be the days with reference to which the matters set
out in the first column of that Schedule opposite such days,
LAWS OF GUYANA
Local Authorities (Elections) Cap. 28:03 163
[Subsidiary] Local Authorities (Elections) (Registration of Voters) Order
L.R.O. 1/2012
cl.2
respectively, shall be done.
FIRST SCHEDULE
1. Town of Rose Hall.
2. Town of Corriverton
3. Rosignol/Zee Lust Local Government District.
4. Upper Corentyne Local Government District.
5. Whim/ Bloomfield Local Government District.
6. Bush Lot/ Adventure Local Government District.
7. Hogstye/ Lancaster Local Government District.
8. Naaratigheid/ Union Local Government District.
9. East Mahaicony Local Government District.
10. Grove/ Haslington Local Government District.
11. Plaisance/ Industry Local Government District.
12. Mahaica/ Unity Local Government District.
13. Foulis/ Buxton Local Government District.
14. Triumph/Beterverwagting Local Government District.
15. Wakenaam Local Government District.
16. Three Friends/ Walton Hall Local Government District.
17. Riverstown/ Annandale Local Government District.
18. Klein Pouderoyen/Best Local Government District.
19. Toevlugt/Patentia Local Government district.
20. Canals Polder Local Government District.
21. John/ Port Mourant Village District.
22. Williamsburg/Kilcoy Chesney Village District.
23. Gelderland/Blairmont Village District.
24. Bel Air/Woodlands Village District.
25. Enmore/Hope Village District.
26. La Reconnaisance/Mon Repos Village District.
27. La Bonne Intention/ Better Hope Village District.
28. Nouvelle Flanders/La Jalousie Village District.
29. Crabwood Creek Village District.
30. East Coast Berbice Village District.
31. Sisters Village District.
32. Woodley Park Village District.
33. West Mahaicony Village District.
34. Bagotstown/Peter's Hall Village District.
LAWS OF GUYANA
164 Cap. 28:03 Local Authorities (Elections)
[Subsidiary] Local Authorities (Elections) (Registration of Voters) Order
L.R.O. 1/2012

Reg. 9/1970
10/1970.


Citation.
Form.
Form 24
Schedule.
[Reg.
10/10/1970]
35. Soesdyke Village District.
36. Stewartville Village District.
37. Goed Fortuin Village District.
38. Darmouth Village District.
39. Queentown Village District.
40. No. 51/ Good Hope Village District.
41. Fyrish/ Gilbralar Village District.
42. Tempe/Seafield Village District.
43. Rising Sun/Eldorado Village District.
44. Craig/ Caledonia Village District.
45. La Grange/Nimes Village District.
46. Vergenoegen Village District.
47. Farm Village District.
48. Parika/ Salem Village District.
49. Good Hope/Pomona Village District.
50. Mocha/ Arcadia Village District.
51. Blakenburg/Hague Village District.
52. Morawhanna/Mabaruma/Hosororo Village District.
-----------------------
LOCAL AUTHORITIES (ELECTIONS) (FORMS)
REGULATIONS
made under section 198
1. These Regulations may be cited as the Local
Authorities citation. (Elections) (Forms) Regulations.
2. The forms set out in the Schedule are prescribed
for use under the Act.
3. Form 24 in the Schedule is prescribed to be the
form of the oath of identity required to be taken under section
83(1) (b) of the Act.
Local Authorities (Elections) (Forms) Regulations
LAWS OF GUYANA
Local Authorities (Elections) Cap. 28:03 165
[Subsidiary] Local Authorities (Elections) (Forms) Regulations
L.R.O. 1/2012
s. 7(1)
SCHEDULE
FORM 1
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
Oath of office
I…………………………………………………………..
* Swear/solemnly affirm that I will faithfully execute
the office of……………………………… in accordance with
the provisions of the Local Authorities (Elections) Act, Cap.
28:03 and of any regulations made thereunder.
So Help Me God. (To be omitted in affirmation)
……………………….
Signature
Sworn or affirmed before me at………………………..
this……………………day of……………………… 20..........

……………………………………..
Justice of the Peace
Chief Election Officer
Registration Officer
Election Officer (as
the case may be)
* Delete if inapplicable
-------------------------------------

LAWS OF GUYANA
166 Cap. 28:03 Local Authorities (Elections)
[Subsidiary] Local Authorities (Elections) (Forms) Regulations
L.R.O. 1/2012
s. 11(1)
s. 12(1) and (4)
FORM 2
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
Electoral Registrar's Certificate
Preliminary List of Voters for the Local Authority Area
of…………………………………………..
I hereby certify that the above is the Preliminary List
of persons who are qualified for registration as voters for the
Local Authority area of…………………………………………..
Dated this…………………..day of………………..20.......
Electoral Registrar
------------------------------------------
FORM 3
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
Registration Notice
Local Authority Area……………………………………..
Take Notice that the preliminary list of voters posted
next to this notice is a list of persons who are qualified for
registration as voters for election of councillors for the local
authority area mentioned above.
(a) Any person whose name does not appear in
the preliminary list who believes himself to be qualified to be
registered as a voter for the local authority area to which this
notice relates, may make application in writing in the
prescribed form to the assistant electoral registrar to be so
LAWS OF GUYANA
Local Authorities (Elections) Cap. 28:03 167
[Subsidiary] Local Authorities (Elections) (Forms) Regulations
L.R.O. 1/2012
registered.
(b) Any person whose name appears in the
preliminary list may lodge an objection in writing in the
prescribed form with the assistant electoral registrar, to the
inclusion in the said preliminary list of any person on the
ground that by reason of the facts stated in the objection such
person is not qualified to be registered as a voter for this local
authority area.
If any person objects as aforesaid he shall forward
by registered post a copy of his objection to the person to
whose inclusion in the preliminary list objection is made.
(c) Any person whose name appears in the
preliminary list whose particulars are incorrectly stated
therein may lodge an application in writing in the prescribed
form with the assistant electoral registrar for the appropriate
corrections to be made.
(d) Applications shall be made and objections
lodged
as referred to in paragraphs (a), (b) and (c) from to between
the hours of …………………….at the office of the assistant
electoral registrar at………………………..
(e) Every objection made under paragraph (b)
shall be submitted with a deposit of three dollars.
(f) Copies of the prescribed forms referred to
above may be obtained free of charge from the office of the
assistant electoral registrar.
Dated this …………………..day…………… of
20.......
Electoral Registrar
--------------------------------------

LAWS OF GUYANA
168 Cap. 28:03 Local Authorities (Elections)
[Subsidiary] Local Authorities (Elections) (Forms) Regulations
L.R.O. 1/2012
s. 15(i)(a)
FORM 4
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
Application for Registration as a Voter
To: The Assistant Electoral Registrar for the Local
Authority Area of…………………………………………
I……………………………………………………
(Full Name)
of …………………………………………………
(Address at which ordinarily resident)
hereby apply to be registered as a voter for the above
mentioned local authority area. I was ordinarily resident
at………………………………………………………………….on
the qualifying date, i.e., the………….......day of………………,
20........,
and am qualified for inclusion in the preliminary list of voters
for the said local authority area
of……………………………………..
I give the following particulars in support of my application:
(a) occupation………………………………………
(b) nationality………………………………………
(c) date of birth……………………………………..
(d) place of birth……………………………………
(e) country of domicile……………………………
(f) identification card number (if any)……………
*I was/was not previously registered and the particulars of
such registration in the preliminary list for the local authority
area of……………………………… are as follows:
(a) registered name
(b) address at time of previous registration
(c) identification card number…………………….
And I hereby request you to cause my name to be
deleted from that preliminary list.
* Delete if inapplicable.
LAWS OF GUYANA
Local Authorities (Elections) Cap. 28:03 169
[Subsidiary] Local Authorities (Elections) (Forms) Regulations
L.R.O. 1/2012
s. 12(l)(b)
……………………………….
Signature of applicant
………………………………..
Witness only if applicant makes
his mark instead of signing.
Left thumb/finger print
------------------------------------
FORM 5
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
Notice of objection to an entry in a Preliminary list
(To be completed in duplicate and submitted with a deposit
of
three dollars)
To: The Assistant Electoral Registrar for the Local Authority
Area of……………………………………………………………
From: ………………………………………………………………
(Full Name)
of…………………………………………………………………
(Address)
Take Notice that I am registered in the preliminary list
for the Local Authority Area of…………………………………
with Identification Card Number……………………………..
that I hereby object to the inclusion of the entry in the said
preliminary list the particulars of which are set out as follows:
Full Name………………………………………………………..
LAWS OF GUYANA
170 Cap. 28:03 Local Authorities (Elections)
[Subsidiary] Local Authorities (Elections) (Forms) Regulations
L.R.O. 1/2012
s. 12.(1) (c)
Address……………………………………………………………
Occupation ………………………………………………………
Identification Card No………………………………………….
on the grounds that……………………………………………..
………………………………………………………………………
Dated this……… day of………………………….20..............
……………………………………….
Signature of objector

…………………………………. Witness if objector makes his
mark instead of signing.
_______________
FORM 6
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
Application for correction of entry in a preliminary list
To: The Assistant Electoral Registrar for Local Authority
Area
of
………………………………………………………………………
from……………………………………………………………….
(Full Name)
of…………………………………………………………………..
(Address)

Identification Card No…………………………………………
Take Notice that my name, occupation and place of residence
(strike out which does not apply) has/have been wrongly
LAWS OF GUYANA
Local Authorities (Elections) Cap. 28:03 171
[Subsidiary] Local Authorities (Elections) (Forms) Regulations
L.R.O. 1/2012
s. 12(5)
stated in the preliminary list for the local authority area
of……………………………………………………………………
………………..as …………………………………………………
(particulars of entry in the list)
and that I hereby claim that such list be amended by the
correction of the particulars therein relating to my name,
occupation and place of residence (strike out which does not
apply) to read as follows:……………………………………….
Dated this………………….day of………………..20…………...
………………………….
Signature of applicant
………………………………..
Witness if applicant makes
his mark instead of signing.
____________________
FORM 7
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
List of objections to entries in the preliminary list
Local Authority Area of………………………………………

Take Notice that the persons whose names,
occupations and addresses are specified in the first column of
the Schedule to this Notice have objected, on the grounds
referred to in the second column of that Schedule, to entries in
the preliminary list for the local authority area mentioned
above, particulars of which are in the other columns of the
said Schedule, set out opposite such references, respectively.
SCHEDULE
LAWS OF GUYANA
172 Cap. 28:03 Local Authorities (Elections)
[Subsidiary] Local Authorities (Elections) (Forms) Regulations
L.R.O. 1/2012
s.15(4)
Full name,
occupation
and address
of objector
Grounds
of
objection
Full
name in
entry
objected
to
Address in
entry
objection
Occupation
in entry
objected to
Identification
No. in entry
objected to

Dated this..................................day of........................20................
Assistant Electoral Registrar
------------------------------------
FORM 8
LOCAL AUTHORITIES (ELECTIONS) ACT (Cap. 28:03)
Notice of transfer of registration
To: The Assistant Electoral Registrar for the Local Authority
Area of…………………………………………………………..
Take Notice that ………………………………………………
(Name of applicant for registration)
of:…………………………………………………………………
(Address)
Identification Card No…………………………………………
has made application for registration as a voter for the Local
Authority Area of………………………………………………
And Further Take Notice that the applicant has
requested that you cause his/her name to be deleted from the
register of voters/ preliminary list of voters for the Local
Authority Area of………………………………………………..
LAWS OF GUYANA
Local Authorities (Elections) Cap. 28:03 173
[Subsidiary] Local Authorities (Elections) (Forms) Regulations
L.R.O. 1/2012
s. 17(2)

Dated this…………….............day of……………….20...............
Assistant Electoral Registrar
------------------------------------------
FORM 9
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
Notice of Disallowance of Application for Registration
(To be completed in duplicate)

Local Authority Area…………………………………………
To………………………………………………………………..
(Full Name)
of…………………………………………………………………
(Address)
Take Notice that your application for registration as a voter
for the Local Authority Area of…………………………………
has this day been disallowed by me on the grounds
that…………………………………………………………………
………………………………………………………………………
………………………………………………………………………
Dated this……………….day of…………………….20………...
Assistant Electoral Registrar
Copy to the Electoral Registrar
-----------------------------------
LAWS OF GUYANA
174 Cap. 28:03 Local Authorities (Elections)
[Subsidiary] Local Authorities (Elections) (Forms) Regulations
L.R.O. 1/2012
s. 20 (2) (b)
FORM 10
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
Notice of Hearing of Objections and Applications
From: The Electoral Registrar for the Local Authority Area
of……………………………………………………………………
To…………………………………………………………………..
of…………………………………………………………………..
Take Notice that the hearing of the
*objection/application for correction of particulars in respect
of the following entry:
Full name………………………………………………………….
Address……………………………………………………………
Occupation……………………………………………………….
Identification Card No…………………………………………..
in the preliminary list of voters for the Local Authority Area
of………......................................................................................
will be conducted by me
at………on…………………..commencing at the hour
of……….....................o'clock
And Further Take Notice that unless you appear
before me to be heard in the above matter, it may be
determined in your absence.
Dated this…………….day of……………..20………..
Electoral Registrar

* Delete if inapplicable.
-----------------------------------
LAWS OF GUYANA
Local Authorities (Elections) Cap. 28:03 175
[Subsidiary] Local Authorities (Elections) (Forms) Regulations
L.R.O. 1/2012
s. 23 (1)
s. 44 (2)
FORM 11
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
Electoral Registrar's Certificate in Respect of
Preliminary and Supplementary Lists
I hereby certify that the above register of voters for the
Local Authority Area of……………………………….contains
all changes and additions made to the Preliminary and
Supplementary Lists for the said area, and that the said
register is complete and correct.
Dated this…………..day of………………. 20............
Electoral Registrar
--------------------------------------
FORM 12
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
List of Candidates
To: The Returning Officer of the Local Authority Area
of……………………………………………………………………
We, whose signatures appear overleaf, do hereby submit this
our
List of ………………………………………………………………
candidates seeking election to the………………………………
Council. The title of our list is…………………………………..

LAWS OF GUYANA
176 Cap. 28:03 Local Authorities (Elections)
[Subsidiary] Local Authorities (Elections) (Forms) Regulations
L.R.O. 1/2012
Name Candidates Occupation
Address
………………………………………………………………………
………………………………………………………………………
………………………………………………………………………
………………………………………………………………………
………………………………………………………………………
………………………………………………………………………
………………………………………………………………………
………………………………………………………………………
………………………………………………………………………
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 Identification Signature
Card No.
………………………………………………………………………
………………………………………………………………………
………………………………………………………………………
………………………………………………………………………
………………………………………………………………………
………………………………………………………………………
………………………………………………………………………
………………………………………………………………………
………………………………………………………………………
………………………………………………………………………
……………………………………………………
RECEIVED by me at…………o'clock this………………
LAWS OF GUYANA
Local Authorities (Elections) Cap. 28:03 177
[Subsidiary] Local Authorities (Elections) (Forms) Regulations
L.R.O. 1/2012
s. 44(4)
day of 20……………….
Returning Officer
-------------------------------------
FORM 13
LOCAL AUTHORITIES (ELECTIONS) ACT (Cap. 28:03)
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 Returning Officer
I,(full name)………………………………………………
of (address)…………………………………………………………
having been nominated as a candidate in the list of
candidates bearing the title of…………………………for
election as Councillors of the……………………………...Local
Authority in the election to be held on the……………….day
of……………....20………………………
DO SOLEMNLY AND SINCERELY DECLARE
(a) that I consent to the inclusion of my name in the
said list of candidates;
(b) that I am aware of section 40 of the Local
Authorities (Elections) Act, with respect to the qualifications
and disqualifications for election as a Councillor;
(c) that I may, consistently with that section be
elected as a Councillor of the said Local Authority at the
election for which I have been nominated as aforesaid.

LAWS OF GUYANA
178 Cap. 28:03 Local Authorities (Elections)
[Subsidiary] Local Authorities (Elections) (Forms) Regulations
L.R.O. 1/2012
s. 61
I make this declaration conscientiously believing the
same 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 Oats
------------------------------------
FORM 14
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
Certificate of Employment
In the ……………………………………… Local
Authority/ Electoral Area.
I certify that (name)………………………………….
who holds Identification Card No………………………and is
registered under serial No………………………………...in the
No........ Polling Place of the said Local Authority Area/
Electoral Area is likely to be unable to go in person to the
Polling Place allotted to him for election to be held on the
…………………day of………………..20……………..by reason
of his employment on that date at the…………………………
Polling Place as a…………………………………………………..
LAWS OF GUYANA
Local Authorities (Elections) Cap. 28:03 179
[Subsidiary] Local Authorities (Elections) (Forms) Regulations
L.R.O. 1/2012
s. 62

Date……………………………………

…………………………….
Returning Officer
------------------------------------
FORM 15
LOCAL AUTHORITIES (ELECTIONS) ACT (Cap. 28:03)
PART A
Application for Appointment of a Proxy
To the Returning Officer………………………………. Local
Authority Area.
I Surname)…………………………………………………
(Block Capitals)
other names………………………………………………………
of (address)………………………………………………………..
whose identification card number
is………………………registered in the said Local Authority
Area 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
apply for the issue of a proxy paper appointing the following
person as proxy to vote for me—
Full name…………………………………………………
Occupation ………………………………………………
Address……………………………………………………
Signature of Applicant…………………………………..
Date………………………

LAWS OF GUYANA
180 Cap. 28:03 Local Authorities (Elections)
[Subsidiary] Local Authorities (Elections) (Forms) Regulations
L.R.O. 1/2012
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 18 to the Returning Officer so that he receives the
form not later than the seventh 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 two other
electors.
4. You are entitled to vote by proxy if you belong to
one of the following categories—
(a) members of the Police Force, the Special
Service Unit and the Guyana Defence Force;
(b) members of a town constabulary and rural
constables;
(c) employees of the Transport and Harbours
Department engaged in running trains and vessels;
(d) candidates;
(e) election officers and their staff;
(f) persons unable or unlikely to be able by
reason of blindness or other physical infirmity to
travel to the polling place at which they are entitled to
vote or, if able so to travel, to vote unaided;
(g) persons for whom it is likely to be
impracticable or seriously inconvenient, by reason of
the general nature of their occupation, service or
employment or for other good cause, to go in person
to the polling place at which they are entitled to vote.

LAWS OF GUYANA
Local Authorities (Elections) Cap. 28:03 181
[Subsidiary] Local Authorities (Elections) (Forms) Regulations
L.R.O. 1/2012
s. 63
PART B
Consent of Registered Voter Named in
Application for Proxy Paper
I (Full name)……………………………………………
of (address)…………………………………………………..….
Occupation …………………………………………………....
Identification Card No……………………………………………
being registered in the List of Voters for the Local Authority
Area of …………………………………………………hereby
consent to act as proxy for the above
named…………………………
Date……………………
Signed
…………………………
__________________
FORM 16
LOCAL AUTHORITIES (ELECTIONS)
ACT (Cap. 28:03)
Appointment as Proxy
Local Authority Area………………………………………
No …………………………………………………………….
Polling Place ……………………………………………….
Name of Proxy……………………………………………..
No. of Identification Card…………………………
No. on official list of voters………………………..
is hereby appointed as proxy for
Name of Voter ………………………………………………
No. on official list of voters………………………………..
to vote for him/her at the election to be held on the……
LAWS OF GUYANA
182 Cap. 28:03 Local Authorities (Elections)
[Subsidiary] Local Authorities (Elections) (Forms) Regulations
L.R.O. 1/2012
s. 64(1)
day of………………20……
…………………………..
Returning Officer

Date......................................................
______________________
FORM 17
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
List of Proxies
Local Authority/Electoral Area
Voter's
name
Voter's
address
Voter's
Identification
Card No.
Proxy's
Name
Proxy's
address
Proxy's
Identific-
ation
Card No.
Polling
Place of
voter
and
proxy

I hereby certify that proxy papers were issued to the voters
whose names appear in the fourth column above to vote as
proxies on behalf of the voters whose names appear
opposite thereto in the first column.
Returning Officer

LAWS OF GUYANA
Local Authorities (Elections) Cap. 28:03 183
[Subsidiary] Local Authorities (Elections) (Forms) Regulations
s. 65
____________________
FORM 18
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03
Cancellation of Proxy
To the Returning Officer …………............................................. Local Authority Area
I (full name)…………………………………………
being registered as a voter for the abovementioned Local
Authority Area 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 19
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
Notice of Poll
In the …………………………………. Local Authority/Elec-
toral Area.
Take Notice that
A poll will be held on the………………………….day
of…………….20……., between the hours of………………a.m.
L.R.O. 1/2012
LAWS OF GUYANA
184 Cap. 28:03 Local Authorities (Elections)
[Subsidiary] Local Authorities (Elections) (Forms) Regulations
L.R.O. 1/2012
s. 66 (1)
and…………………..p.m. to elect Councillors of the said Local
Authority/Electoral Area.
The situation of each polling place in the
……………………..Local Authority/Electoral Area and the
names of the voters who are entitled to vote thereat are given
in the papers attached hereto.
………………………
Returning Officer
Date……………………….
----------------
FORM 20
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
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 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.
LAWS OF GUYANA
Local Authorities (Elections) Cap. 28:03 185
[Subsidiary] Local Authorities (Elections) (Forms) Regulations
L.R.O. 1/2012
s. 70(c)
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.
……………………..
Chef Election Officer
_______________
FORM 21
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
Form of Ballot Paper
Counterfoil
No
C.O.N.
1. THE CONSERVATIVE PARTY Candidates' List
V Voter's No.
L.A.B. 2. THE LABOUR PARTY
Candidates' List
L.I.B. 3. THE LIBERAL PARTY
Candidates' List

LAWS OF GUYANA
186 Cap. 28:03 Local Authorities (Elections)
[Subsidiary] Local Authorities (Elections) (Forms) Regulations
L.R.O. 1/2012
s. 70
s. 70(c)
FORM 22
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
Tendered Ballot Paper
(Form 22 shall be identical with Form 21 save that it
shall be printed on paper of a different colour).
__________________
FORM 23
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
Poll Book
PAGE 1
Verification of Voter's Identity
(sections 78(3) and 83(4)(b))
Entries on this page to be made only when a voter is
required under section 78(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 identification card.
Name of
Voter No. on
Official List
No. of
Identification
Card
Oath of identity
(Form 24) sworn or
refused


LAWS OF GUYANA
Local Authorities (Elections) Cap. 28:03 187
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L.R.O. 1/2012
PAGE 2
Blind or Incapacitated Voters
(sections 82(3) and 83(4)(b))
Entries on this page only to be made to show—
(1) The name etc. of any blind or incapacitated voter
whose ballot paper is marked for him by a friend or by the
Presiding Officer.
(2) The reason therefore (i.e. the nature of his
incapacity).
(3) The oath taken by the voter and his friend and the
friend's particulars.
Name
of
Voter
No. on
official
list
No. of
Identific-
ation card
Whether
marked
by
friend or
P.O.
Reason
for
Marking
Oath (Form
27) sworn
or refused
Oath of friend
(Form 28) sworn
or refused, friend's
name and serial
number •

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Page 3
Tendered Ballots
sections 83(3) and 83(4)(b))
Entries on this page only to be made to show the
name etc. of any voter who is given a tendered ballot paper
and the oath taken by the voter.
Name of
voter
No.
on official
list
No. of
Identification
Card
If tendered
paper
marked
Reason for
issuing of
tendered
part
Oath of
identity
(Form 24)
sworn or
refused


PAGE 4
Ballot Papers Refused
(sections 80(1) and 81(5))
Entries on this page only to be made to show the
name etc. of any voter to whom a ballot paper of any kind
(ballot or tendered ballot) was refused by the Presiding
Officer under section 80(1) or 81(5).
Name of
Voter
No. on
official list
Identification
Card if
necessary
Section
under
which
refused
Reason for
refusal



L.R.O. 1/2012
LAWS OF GUYANA
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[Subsidiary] Local Authorities (Elections) (Forms) Regulations
s. 78(3)
PAGE 5
Certificates of Employment
(section 78(4))
and
Entries Directed by the Presiding Officer
(section 83(4)(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
Voter
Reference of Certificate of
Employment or other
particulars

_________________
FORM 24
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
Oath* of Identity
You swear that you verily believe that you are the
person intended to be referred to by the entry in the Official
list of voters of the name
of………………………………whose occupation is given
as……………………………………whose address is given
as……………………………………and whose identification
card number is given as …..................................and that you
L.R.O. 1/2012
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L.R.O. 1/2012
s. 78 (6)
s. 81(10)
have not already voted at this election.
SO HELP YOU GOD
* In the case of an affirmation substitute "solemnly, sincerely, and truly declare and affirm" for "swear" and omit "SO HELP YOU GOD".
---------------------------------------
FORM 25
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
Oath* of Identity
You swear that you are the same person referred to by the
name of……………………………………in the official list of
voters for the Local Authority Area of…………………………
and whose address is given therein as………………………...
and occupation as………………………………………………..

SO HELP YOU GOD
* In the case of an affirmation substitute "solemnly, sincerely, and truly declare and affirm" for "swear" and omit "SO HELP YOU GOD
_______________
FORM 26
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
Interpreter's Oath*
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
LAWS OF GUYANA
Local Authorities (Elections) Cap. 28:03 191
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L.R.O. 1/2012
s.82 (1)
s. 82(2)
* In the case of an affirmation substitute "solemnly, sincerely, and truly declare and affirm" for "swear" and omit "SO HELP YOU GOD"
______________
FORM 27
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
Oath* of Blind and Incapacitated Voter
You swear that you are incapable of voting without
assistance by reason of physical incapacity/blindness.
SO HELP YOU GOD
* In the case of an affirmation substitute "solemnly, sincerely, and truly declare and affirm" for "swear" and omit "SO HELP YOU GOD
_____________________
FORM 28
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
Oath* of Friend of Incapacitated or Blind Voter
You swear that you will keep secret the name of the
candidates' list for which you mark the ballot paper of the
incapacitated/blind voter on whose behalf you act AND that
you have not already marked the ballot paper of any other
such incapacitated/blind voter at this election.
SO HELP YOU GOD * In the case of an affirmation substitute "solemnly, sincerely, and
truly declare and affirm" for "swear" and omit "SO help YOU GOD
_________________
LAWS OF GUYANA
192 Cap. 28:03 Local Authorities (Elections)
[Subsidiary] Local Authorities (Elections) (Forms) Regulations
L.R.O. 1/2012
s. 90(c)
FORM 29
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
Ballot Papers Account
Ballot Box No……………………………………………
LOCAL AUTHORITY ELECTION
Local Authority/Electoral Area…………………………
Polling Place………………………………………………
BALLOT PAPERS ACCOUNT
(1) Number of Ballot (2) Ballot Papers in Papers received
Papers received the Ballot Box
Serial Numbers (3) Ditto Unused
From …………… (4) Ditto Spoiled
To …………………
TENDERED BALLOT PAPERS ACCOUNT
(1) Number of Tendered (2) Tendered Ballot
Ballot Papers received Papers in Packet
Serial Numbers (3) Ditto Unused...
LAWS OF GUYANA
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L.R.O. 1/2012
s. 96(1) (e)
From ……………… (4) Ditto Spoiled...
To ………
Dated…………………….day
of……………………...20…….
……………………………..
Presiding Officer
_____________
FORM 30
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
Election Return
For the Local Authority/Electoral Area
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
List of………………… Total………………….. Votes
2. Total valid votes for all lists
3. ADD total number of Rejected Ballot
papers (see statement below at 7)
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L.R.O. 1/2012
s.101
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:
(a) want of official mark
(b) unmarked or void for uncertainty
(c) marked for more than one candidates' list
(d) marked so that the voter can be identified
---------------------------
Total
--------------------------
……………………………………
Returning Officer Date
______________
FORM 31
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
Election Results
The following is a notification of the results of the
election held on……………………………………in respect of
the Local Authority/Electoral Area of …………………………...
(a) No. of votes cast for each list of candidates:
-------------------- ----------------------
------------------- -----------------------
-------------------- ----------------------
(b) No. of rejected ballot papers:
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s. 102
(c) No. of seats allocated to each list of candidates:
--------------------- --------------------
--------------------- --------------------
---------------------- ---------------------
(d) Names of the persons, who, as a result of the
election, have been elected as Councillors:
-------------------------------
--------------------------------
---------------------------------
--------------------------------
---------------------------------
---------------------------------
----------------------------------
Dated …………………….
…………………………
Returning Officer
-------------------------------
Form 32
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
Certificate of Election
Local Authority Area of …………………………………………..
I hereby certify that …………………………………………..
(Full Name)
of……………………………………………………………………..
has been duly elected a councillor for the abovementioned
Local Authority at the election held on………………….20……
LAWS OF GUYANA
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[Subsidiary] Local Authorities (Elections) (Forms) Regulations
L.R.O. 1/2012
s. 105 (3)
Returning Officer
----------------------
FORM 33
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
Custodian's Receipt for Ballot Boxes and Keys
(To be prepared in triplicate, one copy to remain with
the member of the Police Force in whose custody the ballot
boxes are left, the second copy to be sent to the Chief Election
Officer and the third copy to be forwarded to the
Commissioner of Police by the Chief Election Officer).
Local Authority/Electoral Area……………………….
to…………………………………………………………………
(Insert name of custodian)
………………………………………………………………………
(Insert address of custodian)
Sir,
Please receive, as required by section 105(3) of the
Local Authorities (Elections) Act, Cap. 28:03, the following
ballot boxes, the property of the Government of Guyana:
…………………………………………….ballot boxes as listed
below
--------------------------------------------------------------------------------
The keys for the boxes have been placed together in
one ballot box numbered………………….which has itself
been locked, the key of
this box being separately handed to you. The number of keys
in the locked box is…………………………..
…………………...............
Date
LAWS OF GUYANA
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…………………………………..
(Returning Officer)
I certify that I have checked the number and condition of the
ballot boxes and keys above referred to, and the number of
each and their condition are as above stated.
I further certify that the above mentioned ballot boxes
and keys have been duly deposited in my custody for safe
keeping as required by the Local Authorities (Elections) Act,
Cap. 28:03.
Dated at……………this……………...day
of……….20….......
…………………………………..
(Signature of Custodian)
………………………………......
(Rank of Custodian)
----------------------------------
FORM 34
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
Custodian's Receipt for Polling Compartments
(To be prepared in triplicate, one copy to remain with the
Officer of the Ministry responsible for storing the polling
compartments in whose custody the compartments are left,
the second copy to be sent to the Chief Election Officer and
the third copy to be forwarded to the Permanent Secretary of
the Ministry concerned by the Chief Election Officer).
Local Authority Area ………………………………
LAWS OF GUYANA
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L.R.O. 1/2012
to …………………………………………………………………
(Insert name of custodian)
……………………………………………………………………
(Insert address of custodian)
Sir,
Please receive, as required by section 105(3) of the Local
Authorities (Elections) Act, Cap. 28:03, the following polling
compartments, the property of the Government of Guyana.
…………….polling compartments
………...........
Date
………………………………………………
Returning Officer
Returning Officer
Local Authority Area………………………………………………
I certify that I have received ………………………….…..polling
compartments that have been duly deposited in my custody
for safe keeping as required by the Local Authorities
(Elections) Act, Cap. 28:03.
Dated at …………..this………….day of……………20……..
……………………………………..
(Signature of Custodian)
……………………………………..
(Office of Custodian)
---------------------------------

LAWS OF GUYANA
Local Authorities (Elections) Cap. 28:03 199
[Subsidiary] Validity of Election and Disputed Vacancies) (Local Authorities) Rules
L.R.O. 1/2012
R. 2/1970
Citation.
Interpretation.

Form of
election
petition.
Form 1
Appendix.
Presentation of
election
petitions.
VALIDITY OF ELECTION AND DISPUTED
VACANCIES (LOCAL AUTHORITIES)
RULES made under sections 197 and 199
PART I
PRELIMINARY
1. These Rules may be cited as the Validity of Election
and Disputed Vacancies (Local Authorities) Rules.
2. In these Rules—
“Appendix” means the Appendix to these Rules;
“Registrar” means the Registrar of the Supreme Court of
Judicature;
"registry" means the registry of the Supreme Court of
Judicature;
PART II
ELECTION PETITIONS
3. An election petition shall be in Form 1 in the
Appendix and Form of shall contain the particulars required
in the Form.
4. When an election petition is presented under
section 147(3), of Presentation the Act, five copies of the
petition shall be left with the person to whom delivery is
made in accordance with that subsection.

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L.R.O. 1/2012
Address for
service.
Failure to
comply with
rules 3, 4, and
5.
File and record
of proceedings.
5. (1) The attorney-at-law of a petitioner who presents
an election for petition through an attorney-at-law shall
indorse upon the petition before it is presented the address of
his place of business and also a proper place to be called his
address for service where all notices, summonses, orders and
other documents may be left for him, which address shall be
within one mile of the registry where the petition is
presented.
(2) A petitioner presenting an election petition in
person shall indorse upon the petition before presenting it
some proper place to be called his address for service where
all notices, summonses, orders and other documents may be
left for him, which address shall be within one mile of the
registry where the petition is presented.
6. If rules 3 and 4 and rule 5(1) or (2) are not complied
with in relation to any election petition, delivery thereof
under section 147(3) shall not be accepted.
7. (1) Without prejudice to the provisions of any other
rule of court, all petitions, notices, summonses, orders or
other documents to be filed in or issued from the registry in
proceedings under Part IV of the Act shall be brought into the
registry together with a copy thereof and the original and the
copy shall be sealed with the seal of the Court, whereupon the
original shall be filed and the copy handed out to the party
filing the same; a sealed copy is evidence of the contents of
the original filed.
(2) The Registrar shall keep a record book of all
proceedings brought under Part IV of the Act and there shall
be entered in the record book—
(a) the number of the election petition
and the subject matter;
LAWS OF GUYANA
Local Authorities (Elections) Cap. 28:03 201
[Subsidiary] Validity of Election and Disputed Vacancies) (Local Authorities) Rules
L.R.O. 1/2012
Persons to
whom copy of
petition must
be sent and
publication of
petition.
Service.
(b) the names of the parties and their
addresses for service;
(c) interlocutory applications, the nature,
date of filing, determination and date
thereof;
(d) the date and place of trial;
(e) the name of every attorney-at-law
engaged;
(f) the decision of the Court.
(3) The file of proceedings and the record book is open
to inspection by any person during office hours.
8. (1) The Registrar shall upon presentation of an
election Petition forthwith –
(a) send a copy of the petition to the
Attorney-General, the Director of
Public Prosecutions and the Chief
Election Officer; and
(b) exhibit on a notice board at the
registry a copy of the petition and
cause such notice of the presentation
and substance thereof as shall be
settled by the Chief Justice to be
published in the Gazette and one
newspaper.
(2) The cost of publication of this and any other matter
required to be published by these Rules shall be paid by the
petitioner or person moving in the matter and shall form part
of the general costs of the petition.
9. (1) The time and manner of service of an election
petition are, Service, for the purposes of section 151,
prescribed by virtue of the following provisions of this
LAWS OF GUYANA
202 Cap. 28:03 Local Authorities (Elections)
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L.R.O. 1/2012
paragraph and paragraphs (2), (3) and (4) of this rule; the time
for service of a copy of an election petition and notice of the
presentation of the petition and of the nature of the proposed
security is five days, exclusive of the day of presentation.
(2) Where the respondent has given an address in
pursuance of rule 10(1), such service may be by registered
post to the address so that, in the ordinary course of post, the
documents served would be delivered within the prescribed
time.
(3) In cases to which paragraph (2) does not
apply, such service must be personal on the respondent
unless a judge on an application made to him not later than
five days after the election petition is presented and on
affidavit showing what has been done, is satisfied that all
reasonable effort has been made to effect personal service and
cause the matter to come to the knowledge of the respondent,
including when practicable, service upon a attorney-at-law, in
which case the judge may order that what has been done shall
be considered sufficient service for the purposes of this rule,
subject to such conditions as he may think reasonable.
(4) Where it is proved to the satisfaction of a
judge that there has been an evasion of service and that a
notice of the nature of the proposed security has been posted
on the board mentioned in rule 8(1 )(b), and a copy of the
election petition has been exhibited under that rule, within
the time prescribed by paragraph (1) of this rule, service shall,
if the judge so orders, be deemed to have been duly effected
for the purposes of this rule by such posting and exhibition.
(5) The petitioner or his agent shall, as soon as
may be after service has been effected in accordance with this
rule, file in the registry an affidavit of the time and manner of
the service.
LAWS OF GUYANA
Local Authorities (Elections) Cap. 28:03 203
[Subsidiary] Validity of Election and Disputed Vacancies) (Local Authorities) Rules
L.R.O. 1/2012
Address for
service.
Recognizances
for security for
costs.
Appendix.
(6) Service of a petition under section 147(5) of
the Act shall, upon service of a copy of the petition in
accordance with any of the foregoing provisions of this rule,
be deemed to have been thereby effected.
10. (1) Any person elected as a councillor may at any
time after his election leave at the office of the Registrar—
(a) an address for service at a place
within one mile thereof; or
(b) the name and address for service
(which shall be at such a place) of a
attorney-at-law who will act for such
person in case there should be an
election petition against him.
(2) When an election petition or a copy thereof is
served upon a respondent other than the Chief Election
Officer or an election officer, he shall, unless he has already
complied with paragraph (1) of this rule, within five days of
such service deliver or send by registered post to the Registrar
and to the petitioner an address for service at a place referred
to in paragraph (l)(a) or (b); all notices, summonses, orders or
other documents in the proceedings consequent on the
petition shall, if the respondent fails to comply with this
paragraph, be deemed duly served upon him if left in the
registry.
11. (1) The recognizances giving security for costs as
provided in section 150 shall, with such variations as
circumstances may require, be in Form 2 in the Appendix and
shall be acknowledged before the Registrar; there may be one
recognizance acknowledged by all the sureties, or separate
recognizances by one or more as may be convenient.

LAWS OF GUYANA
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Security for
costs by
deposits.
Objection to
security.
Summons to
determine
objection to
(2) The recognizance or recognizances shall
forthwith after being acknowledged be left at the registry by
or on behalf of the petitioner in like manner as a petition.
12. (1) Every deposit of money by way of security
pursuant to section 150 or section 152(2) shall be lodged in the
registry.
(2) The Registrar shall keep open to inspection by
all parties concerned a book in which shall be entered from
time to time the amount of every such deposit and the
petition to which it relates.
(3) All claims to the amount of any such deposit
or part thereof shall be disposed of by a judge upon
application by summons.
(4) The amount of such deposit or of any part
thereof shall, if and when no longer required for securing the
payment of costs, be returned or otherwise disposed of on the
order of a judge as justice may require.
(5) The order may be made after such notice of
intention to apply, and after such proof that all just claims
have been satisfied or otherwise sufficiently provided for, as
the judge may require.
(6) The order may direct payment either to the
party in whose name the deposit was made or to any person
entitled to receive the same.
13. An objection to a recognizance under section
152(1) shall be to security. the service of the notice of the
presentation of the petition; and the notice of objection shall
state the grounds thereof.

LAWS OF GUYANA
Local Authorities (Elections) Cap. 28:03 205
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L.R.O. 1/2012
recognizance.
Removing
objection.
Costs where no
justification of
sureties.
Form 3
Appendix
Notice of
application for
dismissal.
Form 4
Appendix.
Application for
particulars.
14. (1) Any such objection to security made in
accordance with Summons to rule 13 shall be heard and
decided by a judge upon summons taken out by either party
to declare the security sufficient or insufficient. recognizance.
(2) The hearing and decision may be either upon
affidavit or personal examination of witnesses, or both, as the
judge thinks fit.
15. If by order made upon such summons an objection
be allowed Removing and the security be declared
insufficient, the judge shall in such order objection, state how
and within what time (which shall not exceed five days after
the date of the order) the objection may be removed as in
section 152(2) provided.
16. The costs of hearing and deciding an objection
upon the Costs where ground of insufficiency of a surety or
sureties shall be paid by the petitioner, and a clause to that
effect shall be inserted in the judge's sureties, order declaring
their sufficiency or insufficiency, unless at the time of leaving
the recognizance under rule 11(2) there is also left an affidavit
of the sufficiency of the surety or sureties sworn by each
surety in Form 3 in the Appendix.
17. (1) An application for an order directing the
dismissal of a notice of petition under section 153 shall be
made by way of summons before a judge and a copy thereof
shall be served on the petitioner and written notice thereof
given to the Registrar.
(2) The Registrar shall forthwith publish in the
Gazette and one newspaper a notice in Form 4 in the
Appendix.
18. (1) Evidence need not be stated in an election
petition, but Application the Court or a judge may upon
LAWS OF GUYANA
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L.R.O. 1/2012
Procedure on
application
made under the
Act or Rules.
Title of
proceedings.
Form 5
Appendix.
Mode of trial of
petitions.
application order such particulars as may be necessary to
prevent surprise and unnecessary expense, and to ensure a
fair and effectual trial and upon such terms as to costs and
otherwise as may be ordered.
(2) Before applying for particulars the party
desiring the same shall by letter request the petitioner to
furnish the required particulars within five days, and a
summons for particulars shall not issue until the expiration of
that time.
19. All applications in proceedings under the Act or
these Rules are determined summarily by a judge who may
hear the parties to the application.
20. It shall be sufficient to entitle all proceedings in
respect of an election petition as is prescribed in Form 5 in the
Appendix. Appendix.
21. The following provisions apply to the trial of
election petitions:
(a) The Chief Justice shall determine
which of the judges shall try a petition
and direct in which county the trial
shall take place;
(b) all interlocutory matters may be heard
and disposed of by a judge in
chambers;
(c) the judge who is to try a petition shall
fix the day and time of the trial and at
least fourteen days' notice thereof
LAWS OF GUYANA
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Adjournments.
shall be published by the Registrar in
the Gazette and one newspaper and
served on the petitioner, the
respondent and the Chief Election
Officer;
(d) the judge presiding at a trial may, if
the Chief Justice shall so direct,
adjourn the same to another county;
(e) where the trial of a petition has taken
place wholly or partly in a county
other than the county of Demerara the
Court may, if it thinks fit, declare its
determination on the petition at a
sitting in Georgetown.
22. (1) The Court may from time to time, by order
upon the application of a party to an election petition or by
notice in such form as the Court may direct, postpone the
commencement of the trial to such day as it may name; a copy
of the notice or order shall be sent to the Chief Election Officer
and another copy shall be exhibited on a notice board at the
registry.
(2) In the event of the judge not being present at
the time appointed for the trial, or to which the trial is
postponed, the trial ipso facto stands adjourned to the ensuing
day and so from day to day.
(3) No formal adjournment of the Court at the
trial of an election petition is necessary, but in the absence
thereof the trial is to be deemed adjourned, and may be
continued from day to day until the inquiry is concluded.
(4) In the event of the judge who begins the trial
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Application to
withdraw
petition .
Form 6
Appendix.
Form 7
Appendix.
Abatement of
petition on
death of
petitioner.
Form 8
Appendix.
being disabled by illness or otherwise, the trial shall be
recommenced and concluded by such judge as the Chief
Justice may determine.
23. (1) Notice of application for leave to withdraw an
election petition shall be in writing and signed by the
petitioner or his attorney-at-law and shall be sufficient if
given in Form 6 in the Appendix petition, and left at the
registry and a copy of the notice shall be served on the
respondent and sent to the Chief Election Officer.
(2) The Registrar shall forthwith publish in the
Gazette and one newspaper a notice in Form 7 in the
Appendix.
(3) Any person who might have been a petitioner
in respect of the matter to which the election petition relates,
may, within five days after the notice is published, give notice
in writing signed by him or on his behalf to the Registrar of
his intention to apply under section 167(1) to be substituted
for the petitioner but the want of the notice does not defeat
the application if in fact made under that subsection.
(4) The time of hearing the application for leave
to withdraw the petition shall not be less than five days after
the publication of the notice by the Registrar as provided in
paragraph (2) and notice of the time and place appointed for
the hearing shall be given by the Registrar to any person who
shall have given him notice of an intention to apply to be
substituted as petitioner, and otherwise as the Court may
direct.
24. (1) On the abatement of an election petition by the
death of a petitioner, notice of the abatement shall be given by
any party or person interested to the Registrar who shall
forthwith publish in the Gazette and one newspaper a notice
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Notice of
intention not to
impose
petition.
Form 9
Appendix.
Time within
which to apply
for admission
as respondent.
Notice of
intention to
apply for
admission as a
respondent.
Form of vaca-
ncypetition and
prescribed ma-
tters. Form 10
Appendix.
thereof in Form 8 in the Appendix.
(2) The time within which application may be
made to a judge to be substituted as a petitioner under section
169(3) shall be one month or such further time as a judge may
allow upon consideration of any special circumstances.
25. (1) The manner and time of the respondent's
giving notice to Notice of the Court that he does not intend to
oppose an election petition shall be by leaving at the registry
notice thereof in writing signed by the oppose respondent, six
days before the day appointed for trial, exclusive of the day of
leaving the notice.
(2) Upon the notice being left at the registry or
upon receiving notice of the death of the respondent, the
Registrar shall forthwith send by registered post to the
petitioner or his attorney-at-law, as the case may be, and to
the Chief Election Officer, and shall forthwith cause to be
published in the Gazette and one newspaper, a notice thereof
in Form 9 in the Appendix.
26. The time for applying to be admitted as a
respondent under section 170(l)(a) shall be within ten days
after such notice is given as hereinbefore directed, or such
further time as a judge may allow.
27. Notice of intention to apply to be admitted as a
respondent shall be given for the purposes of section 170(l)(a)
by leaving the notice at the registry; and the Registrar shall
send by registered post a copy thereof to every party to the
petition and to the Chief Election Officer.
PART III
VACANCY PETITIONS
28. A vacancy petition shall be in Form 10 in the
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Publication of
vacancy.
Presentation of
vacancy
petition.
Application of
certain rules to
proceedings on
vacancy
petitions.
Appendix and shall contain the particulars required therein
and be signed by the petitioner.
29. The Registrar shall, upon presentation of a
vacancy petition—
(a) send a copy of the petition to the
Attorney-General, the Director of
Public Prosecutions and the clerk of
the local authority with reference to
which the petition is presented in a
case where it is presented under
section 181(2)(b);
(b) exhibit on a notice board at the
registry a copy of the petition and
cause such notice of the presentation
and substance thereof as shall be
settled by the Chief Justice to be
published in the Gazette and one
newspaper.
30. When a vacancy petition is delivered to the
Registrar's office under section 182, four copies of the petition
shall be left with the officer to whom delivery is made.
31. Subject to such modifications and adaptations as
may be necessary for the purpose, the following Rules shall so
far as they are applicable have effect in relation to
proceedings on a vacancy petition –
(a) Rules 5 to 7 (inclusive);
(b) Rule 9 (provided that in paragraph (4)
thereof the reference to rule 8(1 )(b) shall be
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Form of
reference and
prescribed
matters. Form
11 Appendix.
Seurity for
costs.
construed as a reference torule 29(b) and in
rule 9(6) the reference to section 147(5) shall
be construed as a reference to section
182(3));
(c) Rule 10;
(d) Rule 11 (provided that in paragraph (1)
thereof the reference to section 150 shall be
construed as a reference to section 183);
(e) Rule 12 (provided that in paragraph (1)
thereof the reference to section 150 shall be
construed as a reference to section 183);
(f) Rules 13 to 16(inclusive);
(g) Rules 20 to 24 (inclusive).
PART IV
DISPUTES REGARDING ELECTIONS TO AND THE
VACATION OF CERTAIN OFFICES
32. A reference in respect of any question as to the
election of any Form of person to any office to which section
188(3) applies or the vacation of such office shall be in Form
11 of the Appendix, shall contain the matters, particulars
required therein and shall be signed by the person making
Appendix, the same.
33. Subject to such modifications and adaptations as
may be Security necessary for the purpose, rules 11 and 12
relating to security for costs apply when a Councillor is
required to give security for costs under section 190:
Provided that—

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Notice of
hearing.
Procedure on
reference.
r.3
(a) every reference to section 150 in those
rules shall be construed as a reference
to section 190;
(b) the said provisions shall be deemed
not to include any reference to section
152; and
(c) the Registrar may require any surety
to a recognizance to swear an affidavit
as to his sufficiency.
34. The time and place of trial of a reference to which
this Part of Notice of these Rules relates shall be fixed by the
Registrar after consultation with the Chief Justice and notice
thereof shall be given in writing by posting the notice at the
Registry and by sending a copy thereof to the person making
the reference, to the clerk of the local authority in respect of
which the reference is made and to the Director of Public
Prosecutions.
35. On the hearing of a reference the Court shall
proceed as if such on reference, reference were a motion
before the Court in the exercise of its original jurisdiction and
shall follow the procedure of the Court on the hearing of a
motion so far as the same is applicable.
APPENDIX
FORM 1
PETITION IN RESPECT OF AN ELECTION TO A
COUNCIL OF A LOCAL AUTHORITY
IN THE HIGH COURT OF THE SUPREME COURT
OF JUDICATURE
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LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
Election for the local authority area of…………holden
on the……...day of……………….20………
*The Petition of A of……………………………………
whose name is subscribed.
1. Your petitioner A is a person who was a
registered voter (or candidate) at the above election.
2. And your petitioner states that the returning
officer for the above local authority area on the ………
day of ………………20 ……… ,caused to be published a
notification of the results of the above election.
3. And your petitioner says that (here state facts and
grounds on which the petitioner relies).
Wherefore your petitioner prays that the Court may—
(1) determine that ………………………………………
(2) grant such redress in conformity with the Local
Authorities (Elections) Act, as may be just.

(Sgd.)
(Petitioner)
The address for service of the petitioner is……………..
The attorney-at-law for the petitioner is……………………….
whose address for service is…………………………………….
*If there is more than one petitioner the petition
should be the petition of all their names entered as for A.
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FORM 2
RECOGNIZANCES AS SECURITY FOR COSTS
Be it remembered that on the………..day of…………
in the year of Our Lord 20 before me (name and
description) came A.B. of (name and description) and
acknowledged himself (or severally acknowledged
themselves) to owe to the State the sum of five hundred
dollars (or the following sums) (that is to say) the said C.D.
the sum of $ the said E.F. the sum of $ , the
said G.H. the sum of $ and the said J.K. the sum of $
to be levied on his (or their respective) goods and
chattels, lands and tenements, to the use of the State.
The condition of the recognizance is that if (here insert
the names of all the petitioners, and if more than one, add, or
any of them) shall well and truly pay all costs, charges and
expenses in respect of the election petition signed by him (or
them) in relation to which shall become payable by the said
petitioner (or petitioners, or any of them) under the Local
Authorities (Elections) Act, to any person or persons, then this
recognizance to be void, otherwise to stand in full force.
(Sgd.)
(Signature of Sureties)
Taken and acknowledged by the above named (names
of sureties) on the day of ,20 at
Before Me
Registrar
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FORM 3
AFFIDAVIT FOR JUSTIFICATION OF SURETIES
IN THE HIGH COURT OF THE SUPREME COURT
OF JUDICATURE
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
I, A B of (name and description) make oath and say that I am
worth more than the sum of $.....................after the payment of
all mv
debts.
Sworn etc.
------------------------------------------
FORM 4
NOTICE OF APPLICATION FOR DISMISSAL OF AN
ELECTION PETITION
IN THE HIGH COURT OF THE SUPREME COURT
OF JUDICATURE
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
Notice is hereby given that the above respondent
intends to apply for an order directing that the petition be
dismissed on the ground that (here state ground for
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application).
And that the said application will be heard at……………
on the ……………day of …………………….,20
And take notice that on the hearing of the application
any person who might have been a petitioner in respect of the
matter to which the petition relates may apply to the judge to
be substituted as a petitioner for the above petitioner under
section 154 of the said Act
(Sgd.)
Registrar
----------------------------
FORM 5
TITLE FOR PROCEEDINGS
IN THE HIGH COURT OF THE SUPREME COURT
OF JUDICATURE
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
*Election for (state local authority area) holden on the
day of ,20 .
*Vacancy in office of councillor for
the local authority.
Between Petitioner (name and
address)
and Respondent (name and
address)
*Use heading appropriate to proceedings.
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-----------------------------------
FORM 6
APPLICATION FOR LEAVE TO WITHDRAW
IN THE HIGH COURT OF THE SUPREME COURT
OF JUDICATURE
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
The petitioner proposes to apply to withdraw his
petition upon the following grounds (here state grounds) and
prays that a day may be appointed for hearing his
application.
Dated this ….. day of ……..…………20
(Sgd.)
----------------------------------
FORM 7
NOTICE IN PUBLICATION OF FORM 6
IN THE HIGH COURT OF THE SUPREME COURT
OF JUDICATURE
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)

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Notice is hereby given that the above petitioner has on
the……………. day of…………………, 20…., lodged at the
registry notice of an application to withdraw the petition, of
which notice the following is a copy—(set it out)
And Take Notice that by a rule of court made
pursuant to the above Act any person who might have been a
petitioner in respect of the said election may, within five days
after the publication of this notice, give notice in writing of his
intention on the hearing to apply for leave to be substituted as
a petitioner.
(Sgd.)
Registrar
----------------------------------------
FORM 8
NOTICE OF ABATEMENT OF ELECTION PETITION
IN THE HIGH COURT OF THE SUPREME COURT
OF JUDICATURE
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
Notice is hereby given that the election petition of the
above petitioner has abated by reason of the death of (here set
out particulars).
And Take Notice that any person who might have
been a petitioner in respect of the above election may, within
one calendar month after the publication of this notice or
within such further time as upon consideration of any special
circumstances a judge may allow, apply to the Court to be
substituted as a petitioner under section 169(3).

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(Sgd.)

Registrar
------------------------------------
FORM 9
NOTICE OF WITHDRAWAL OR DEATH OF
RESPONDENT IN THE HIGH COURT OF THE SUPREME
COURT OF JUDICATURE
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
Notice is hereby given that on the………..day of……...
,20…… the said respondent AB died (or gave notice of his
intention not to oppose the petition, as the case may be).
And Take Notice that any person who might have
been a petitioner in respect of the above election may, within
ten days after publication of this notice or such further time as
a judge may allow, apply to the Court to be admitted as a
respondent under section 170(l)(a).
(Sgd.)
Registrar
-------------------------------
FORM 10
VACANCY PETITION IN RESPECT OF THE OFFICE
OF COUNCILLOR OF A LOCAL AUTHORITY
IN THE HIGH COURT OF THE SUPREME COURT
OF JUDICATURE

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LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
Office of councillor for the (state local authority)
1. Your petitioner is
*the clerk of the local authority and is authorised to
present this petition by a resolution of the said local authority
passed on
or
*a registered voter for the local authority
area.
(state the local authority area for which the person to whom
the petition relates was elected as a councillor).
2. Your petitioner states that X (the councillor whose
office is the subject of the petition) was returned as duly
elected to the council of the…………….. local authority.
3. And your petitioner states (here state grounds on
which the petitioner relies).
Wherefore your petitioner prays that it may be
determined that the said X has vacated his office as a
councillor of the aforesaid local authority.
Dated this…………day of ……………., 20
(Sgd.)
Petitioner
*The address for service of the petitioner is
*The attorney-at-law for the petitioner is service is
whose address for service is
*Omit whichever is inapplicable.
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FORM 11
REFERENCE OF QUESTION AS TO ELECTION TO
OR VACATION OF CERTAIN OFFICES
IN THE HIGH COURT OF THE SUPREME COURT
OF JUDICATURE
LOCAL AUTHORITIES (ELECTIONS) ACT
(Cap. 28:03)
*Election of………………………….(here state office)
*Vacation of office of…………………………………….
Whereas I, the undersigned AB, being the clerk of the
local authority (or being a councillor of the……………………
local authority) am desirous of referring a question to the
High Court under the provisions of sections 188 to 192 as to
the election of XY to the office of ………………………………
(or the vacation of the office of
by XY).
And Whereas (here state the facts and grounds on
which the reference is based).
Wherefore I hereby refer the question so that the
honourable Court may determine whether the said XY has
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been validly elected as (or
whether the said XY has vacated his office of
.
Dated this day of , 20
.
(Sgd.)
* Omit whichever is inapplicable
----------------------------