Constitutional Referendum Regulations, 2002

Link to law: http://laws.bahamas.gov.bs/cms/images/LEGISLATION/SUBORDINATE/2002/2002-0021/ConstitutionalReferendumRegulations2002_1.pdf
Published: 2002-02-01

Constitutional Referendum Regulations
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CHAPTER 1

CONSTITUTIONAL REFERENDUM

CONSTITUTIONAL REFERENDUM
REGULATIONS, 2002

(SECTION 5)
[Commencement 1st February, 2002]

1. These Regulations may be cited as the Constitu-
tional Referendum Regulations, 2002.

2. (1) In these Regulations —
“political party” means a party or group having a

member in the House of Assembly;
“proclamation” means the proclamation provided for

by section 2(2) of the Constitutional Referendum
Act;

“question” means the question to be set out in the
Bill which seeks to amend the Constitution or
The Bahamas Independence Act, 1973.

(2) References in the Parliamentary Elections Act,
1992 —

(a) to a writ of election; or
(b) in relation to the nomination of candidates,

shall have no effect.
(3) Unless the contrary intention appears in the

Parliamentary Elections Act, 1992 any reference to —
(a) an election shall be construed as a reference to a

referendum;
(b) candidates or election agents shall be construed

as a reference to a representative of a political
party;

(c) an election petition shall be construed as a
reference to a referendum petition;

(d) an Election Court shall be construed as a
reference to a Referendum Tribunal;

21 of 2002
S.I. 24/2002

Citation.

Interpretation.

Ch. 1.

Ch. 7.

Ch. 7.

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(e) polling day shall be construed as the day of the
holding of the referendum.

3. (1) The provisions of the Parliamentary Elections
Act, 1992 specified in column 1 of the First Schedule, shall,
subject to the modification, if any, specified in relation to
those provisions in column 2 of that Schedule, apply in
connection with a referendum.

(2) All other provisions in the Parliamentary
Elections Act, 1992 not specified in the First Schedule
shall not apply for the purposes for a referendum.

4. The provisions of the Parliamentary Elections
(Symbols and Time-off) Regulations, 2002 specified in
column 1 of the Second Schedule shall, subject to the
modifications, if any, specified in relation to those
provisions in column 2 of that Schedule, apply in
connection with a referendum.

FIRST SCHEDULE (Regulation 3)

APPLICATION AND MODIFICATION OF THE PROVISIONS
OF THE PARLIAMENTARY ELECTIONS ACT, Chapter 7

Column 1 Column 2

Section 2 The following definitions shall not apply —
“candidates”
“election”
“election agent”
“general election”
“nomination day”
“polling day”
“regular vote”
“Member of Parliament”
“Speaker”
“writ of election” or “writ”
Section 9 Delete paragraph (b) of subsection (2).
Section 11 Delete subsection (4).



Modification of
Schedule.
Ch. 7.

Ch. 7.

Modification of
Parliamentary
Elections
(Symbols and
Time-off)
Regulations,
2002.

S.I. 34/2002.

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Section 19 Delete subsection (8)
Section 27 Delete subsection (7)
Section 32 Delete the section and substitute —

“Referendum.

Form A in Second
Schedule.

32. (1) The Governor-General shall by
proclamation appoint the day upon which the
referendum shall be held and such day shall
be specified in the writ of referendum in Form
A in the Second Schedule to this Act.

(2) The day for the holding of the
referendum shall be a day not earlier than twenty-
one days after the date of the proclamation.

(3) The proclamation shall state the date
for the holding of the referendum.”.

Section 35 Delete the section and substitute —
“Public notice of

referendum.

Form B Second
Schedule

35. The returning officer shall not later
than the tenth day after the day on which he
receives a writ of referendum give public
notice of the referendum in Form B in the
Second Schedule to this Act.”

Section 44 Delete the section and substitute —
“Proclamation. 44. The proclamation shall state —
(a) the date for the holding of the referendum;

(b) the question or questions to be asked in
the referendum;

(c) the manner in which the opinions of
voters are to be signified.”

Section 45 Delete all the words from “the result shall” to the end of the
sentence and substitute the following —

“the results shall be ascertained by counting the votes given to the question or questions in the affirmative and the votes given
to the question or questions in the negative”.



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Section 46 Delete the section and substitute —
“Party

representatives.
46. The Chairman of a political party may

appoint a person to be representative of that
party for each polling division in a
constituency to perform for the purposes of a
referendum functions corresponding to those
of a candidate or of an agent of a candidate at
a general election and shall notify the
Returning Officer in that constituency in
writing of that appointment.”

Section 47 (i) Delete the words “commissioner in a Family Island” and
substitute the words “Family Island Administrator”.

(ii) Delete the words “candidate seeking election as a Member of
Parliament and substitute the words “political party”.

Section 51 Delete the section and substitute —
“Ballot paper. 51. (1) The ballot of every voter shall

consist of a ballot paper.
(2) On the ballot paper shall be printed —
(a) the question or questions to be asked in

the referendum; and
(b) below each of the question or questions

and in separate spaces —
(i) the word “Yes”; and
(ii) the word “No”; and
(c) opposite the word “Yes” and the word

“No” such respective symbol as may be
prescribed.

(3) The Bill which seeks to amend the
Constitution or The Bahamas Independence
Act, 1973 as the case may be shall be
published in at least one daily newspaper in
circulation in The Bahamas and posted at
every polling place.

Form K in
Second Schedule

(4) Every ballot paper shall be in Form K
in the Second Schedule to this Act and shall —

(a) be printed without any margin to the left
side of the question or questions;

(b) be capable of being folded up;
(c) have a number printed on the back; and
(d) have attached a counter-foil with the same

number printed on the face.
(5) Ballot papers printed and provided

under the provisions of this section shall be
printed on white paper for the purposes of
regular votes and upon coloured paper for the
purposes of protest votes.



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Section 55 Delete paragraphs (b) and (c) and substitute the following —
“(b) a representative of a political party;”
Section 59 Delete from subsection (9) the words “place one cross only in

the space opposite the name of the candidate for whom he
votes” and substitute the words “place one cross only, in the
space opposite the word ‘yes’, if he intends to answer the
question in the affirmative, or in the space opposite the word
‘no’, if he intends to answer the question in the negative”.

Section 60 (i) Delete paragraph (b) of subsection (2) and substitute —
“(b) on which votes are given to both answers to the

question or questions; or”.
(ii) Delete from subsection (3) the word “candidates” and

substitute the words “answer to the question or
questions”.

Section 63 Delete from subsection (2) the words “the name of the
candidate for whom the ballot paper of such incapacitated voter
is marked by him” and substitute the words “how he marked
the ballot paper for the incapacitated voter”.

Section 65 (i) Delete paragraph (a) of subsection (1) and substitute —
“(a) shall open the ballot box and ascertain the result

of the poll for the polling place by counting the
number of the regular and protest votes by
reference to the number of voters who have
answered the question or questions in the
affirmative and the number of voters who have
answered the question or questions in the
negative, and forthwith declare such result.”

(ii) Delete paragraph (c)(i) of subsection (1) and substitute —
“(i) the number of regular and protest votes cast in

answer to the question or questions in the
affirmative and the number of votes cast in
answer to the question or questions in the
negative; and”.

(iii) Delete from subsection (3) the words “candidate, being
the candidate himself or his election agent” and
substitute the words “political party”.

Section 66 Delete paragraphs (b) and (c) of subsection (2) and substitute —
“(b) a representative of a political party”.
Section 68 Delete the section and substitute —

“Notice of
result.

68. Immediately following the recount
made pursuant to the provisions of section 67
of this Act, the returning officer shall —



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(a) inform the Parliamentary Commissioner
of the number of votes counted in
answer to the question in the affirmative
and the number of votes counted in
answer to the question in the negative;

Form R in Second
Schedule.

(b) give public notice in Form R in the
Second Schedule to this Act of the
results of the referendum in that
constituency.”

Section 72 Delete the section and substitute —
“Declaration of

results.
72. When the result of the poll has been

ascertained the Parliamentary Commissioner
shall —

Form S in Second
Schedule.

(a) publicly declare in Form S in the Second
Schedule to this Act the number of regular
voters who have answered the question or
questions —

(i) in the affirmative;
(ii) in the negative;
(b) certify whether the total number of regular

votes in the referendum signifying the
answer “yes” represents or does not
represent the majority of all the voters
voting in the referendum.”

Section 73 Delete the section and substitute —
“Results to

Governor-General.
Form S in
Second Schedule

73. As soon as practicable after the
declaration of results in Form S of the Second
Schedule to this Act the Parliamentary
Commissioner shall deliver the same to the
Governor-General.”

Section 74 Delete from subsection (2) the words “the number of votes cast
for each candidate at any election” and substitute the words
“the question or questions asked in a referendum and the
number of votes cast in a referendum in answer to the question
or questions in the affirmative and the number of votes cast in
answer to the question or questions in the negative”.

Section 79 (i) Delete the words “The election of a candidate as Member
of Parliament” and substitute the words “A referendum in
any constituency”.



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(ii) Delete from paragraph (a) the words “electing the
candidates whom they preferred” and substitute the words
“answering the question or questions the way they
preferred”.

(iii) Delete paragraph (c) and substitute —
“(c) that a corrupt or illegal practice was committed in

connection with the referendum by a representative
of a political party.”

(iv) Delete paragraph (d).
Section 80 Delete subsection (2) and substitute —
“(2) A Referendum Tribunal shall consist of —
(a) the Chief Justice who shall be chairman; and
(b) a Justice of the Supreme Court.”

Section 81 Delete paragraphs (b) and (c) and substitute —
“(b) the Attorney-General.”
Section 82 Delete the section and substitute —

“Relief which may
be claimed.

82. A petitioner may claim that the result
of the referendum in any constituency is
void.”.

Section 84 Delete the section and substitute —

“Time for
presentation of
referendum
petition.

84. Every referendum petition shall be
presented within twenty-one days after the
date on which the result of the referendum
was declared.”

Section 85 Delete the section and substitute —

“Conclusion of
trial of referendum
petition.

85. (1) At the conclusion of the trial of a
referendum petition the Referendum Tribunal
shall either —

(a) confirm without alteration the declared result
of the referendum in any constituency; or

(b) direct that the declared result of the
referendum in any constituency be amended
in accordance with the finding of the
Tribunal and in any such case the Tribunal
may order the retaking of the referendum in
that constituency.

(2) The Referendum Tribunal shall certify
in writing the determination to the Governor-
General and the Parliamentary Commissioner;
and the determination so certified shall be
final to all intents and purposes.”



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Section 86 (i) Delete from subsection (1) the words “the Speaker” and
substitute the words “the Parliamentary Commissioner”.

(ii) Delete subsection (7).
Section 87 Delete the words “for whom” and substitute the word “how”.
Section 92 Delete the words “and petitions under section 90 of this Act”.
Section 95 Delete paragraph (d) of subsection (1).
Section 96 (i) Delete paragraph (c), (d) and (h) of subsection (1).
(ii) In subsection (3) substitute “(c)” for “(d)” and delete “to

(h) inclusive” and substitute “and (g)”.

Section 97 In subsection (1) delete the words “in order to be elected or for
being elected”.

Section 98 Delete subsection (1)(a) and substitute —
“(a) upon any public road or in any public place within one

hundred yards of any building in which a polling station is
situate, seeks to influence any elector to vote or to
ascertain how an elector intends to vote or voted;”.

Section 99 (i) Delete the words “a general election” and substitute the
words “a referendum”.

(ii) Delete the proviso.

Section 100 Delete from subsection (5) the words “or to vote or refrain
from voting for any candidate”.

Section 101 (i) Delete from paragraphs (b) and (c) the words “the
candidate for whom” and substitute the word “how”.

(ii) Delete from paragraph (e) the words “the name of any
candidate for whom” and substitute the word “how”.

(iii) Delete paragraph (f).

Section 104 (i) Insert in subsection (1) the words “or an illegal
practice” after the words “corrupt practice”.

(ii) Delete subsections (2) and (3).
(iii) Insert in subsection (5) the words “or an illegal

practice” after the words “corrupt practice”.


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Form A. Delete the section and substitute —


“FORM A (Section 34)
FORM OF A WRIT OF REFERENDUM
Elizabeth the Second by the Grace of God Queen of the

Commonwealth of The Bahamas and of Her other Realms
and Territories, Head of the Commonwealth:

To the Returning Officer for the
Constituency:
GREETING:
WHEREAS we have ordered a REFERENDUM to be held

in the Commonwealth of The Bahamas on the day of
, 20 next;

We command you that, due notice being first given, you do
cause a referendum to be held according to law and that you
certify the results of the referendum to us without delay.

Dated this day of , 20
GOVERNOR-GENERAL
Endorsement of Receipt of Writ
Received the enclosed writ on the day of , 20
________________________________________________
Returning Officer for the

_____________________________________ Constituency
Endorsement of Certificate of Writ of Referendum
I hereby certify that the results of the Referendum for the

________ Constituency, in pursuance of the enclosed writ is
Question No.:

(state the question)
Affirmative answers _______________________________
Negative answers _________________________________
Question No.:

(state the question)
Affirmative answers _______________________________
Negative answers _________________________________
Date ____________________________________________
Returning Officer for the _______________ Constituency”.



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STATUTE LAW OF THE BAHAMAS LRO 1/2002



Form B Delete the Form and substitute —


“FORM B
FORM OF NOTICE OF REFERENDUM

FOR THE _________________________ CONSTITUENCY


NOTICE OF REFERENDUM

Notice is hereby given that —
(1) The polling day for the referendum will be the , 20 .
(2) The question or questions to be asked in the referendum

is/are
Question No.:

(state the question)
Question No.:

(state the question)
(3) The Poll will take place between the hours of eight

o’clock in the morning and six o’clock in the evening in the
following polling places —

Polling Division No. Polling Place
No.
No.
No.
No.
No.
Date _________________________________

Returning Officer for the
_____________________ Constituency”.



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Form K Delete the Form and substitute —
“FORM K

FORM OF BALLOT PAPER

Counterfoil
No...........

Question No.
(state the question)

YES (Symbol)

NO (Symbol)
Question No.

(state the question)
YES (Symbol)

NO (Symbol)
NOTES:
(1) The ballot paper shall have a number printed on the back in

small type to correspond to the number printed on the face
of the counterfoil.

(2) The dividing line between the ballot paper and the
counterfoil shall be perforated.

(3) The horizontal dividing lines on the ballot paper shall not
be less than one-eighth of an inch in thickness.”

Form L Delete paragraphs 1, 3 and 6 and substitute —
“1. The voter may place a cross, thus, X opposite not more

than one space.
3. The voter shall go into one of the compartments and with

the indelible pencil provided in the compartment, place one
cross, thus X on the right hand side of the ballot paper opposite
the space containing the word “Yes” and the symbol if he
desires to answer the question in the affirmative or within the
space containing the word “No” and the symbol if he desires to
answer the question in the negative.

6. If the voter places on the ballot paper any mark in both the
said spaces, or places any mark on the paper by which he may
afterwards be identified, his ballot paper will be void and will
not be counted.”.

Form P Delete the words “the name of the candidate for whom I mark
the ballot paper of the incapacitated voter” and substitute the
words “how I marked the ballot paper for the incapacitated
voter”.

Form Q (i) Delete the words —
“Number of Regular votes cast for” wherever they occur and

substitute the words “Number of regular votes answering in the
question in the affirmative” and “Number of votes answering in
the question in the negative”.



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(ii) Delete the words —
“Number of protest votes cast for” wherever they occur and

substitute the words “Number of protest votes answering
the question in the affirmative” and “Number of protest
votes answering the question in the negative”.

Form R Delete the Form and substitute —

“FORM R (Section 72 (1))
NOTICE OF RESULT OF REFERENDUM

for the __________________________________ Constituency


DECLARATION OF RESULT OF THE POLL

NOTICE is hereby given that on the taking of the poll for the
referendum in the _______________________ Constituency
the following results are given —

Question No:
(state the question)

_________________
Affirmative Answers

_______________
Negative Answers

Question No:
(state the question)

_________________
Affirmative Answers

_______________
Negative Answers

Date ________________________________


RETURNING OFFICER”.

Form S Delete the Form and substitute —

“FORM S (Section 72)
NOTICE OF RESULT OF REFERENDUM FOR THE

COMMONWEALTH OF THE BAHAMAS

Question No:
(state the question)

NOTICE is hereby given that the question put by the
Referendum held on the day of , 20 has
been answered in the AFFIRMATIVE by voters and
in the NEGATIVE by voters.



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AND NOTICE is hereby given that the number of votes cast
in the Referendum were as follows —

CONSTITUENCY AFFIRMATIVE NEGATIVE

I HEREBY CERTIFY that the total number of votes in the
Referendum in respect of Question No.(state the question)
signify the answer “YES” 7represents/does not represent the
majority of all the voters voting in the Referendum.

Question No.:
(state the question)

NOTICE is hereby given that the question put by the
Referendum held on the day of , 20 has
been answered in the AFFIRMATIVE by voters
and in the NEGATIVE by voters.

AND NOTICE is hereby given that the number of votes cast
in the Referendum were as follows —

CONSTITUENCY AFFIRMATIVE NEGATIVE

I HEREBY CERTIFY that the total number of votes in the
Referendum in respect of Question No.(state the question):
signify the answer “YES” 8represents/does not represent the
majority of all the voters voting in the Referendum.

Date ________________________________

________________________________________
PARLIAMENTARY COMMISSIONER”.




7 Delete where not applicable.
8 Delete where not applicable.

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SECOND SCHEDULE (Regulation 4)

APPLICATION AND MODIFICATION OF THE
PROVISIONS OF THE PARLIAMENTARY ELECTIONS

(SYMBOLS AND TIME-OFF) REGULATIONS, 2002

Column 1 Column 2

Regulation 3 Delete the regulation and substitute the following —

“Symbols 3. There shall be printed upon every
ballot paper opposite the word “Yes” the
symbol of the star numbered 1 in the Schedule
and opposite the word “No” the symbol of the
aeroplane numbered 2 in the said Schedule.”.

Regulation 8 Delete the words “polling day” wherever they appear and
substitute the words “the day for the holding of the
referendum”.

Schedule Delete the Schedule and substitute the following —

“SCHEDULE

Symbols



S.I. 34/2002.
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