NASSAU

EXTRAORDINARY

OFFICIAL GAZETTE THE BAHAMAS

PUBLISHED BY AUTHORITY

31 51 December, 2012 (A)

S.l. No.

115

116

TABLE OF CONTENTS

TITLE

The Referendum Regulations, 2012

The Referendum (Prescribed Questions and B~llot Paper) Regulations, 2012

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REFERENDUM REGULATIONS, 2012

Arrangement of Regulations

Regulation 1. Citation ........................................................... ............... .............. ......................... .. 2 2. Interpretation ................................................................... .. .............. ...... ................. 2 3. Modification of First Schedule to Chapter 7 ............................................... ..... ..... 2 4. Modification of Sub. Leg., Vol. I, Ch. 7- p. 199 ....... ........................... ................ .3

SCHEDULE 4 APPLICATION AND MODIFICATION OF THE PROVISIONS OF THE PARLIAMENTARY ELECTIONS ACT, CHAPTER 7 4

MINISTRY OF NATIONAL SECURITY

S.l. No. 115 of2012

REFERENDUM ACT (CHAPTER 1)

KEFERENDUM REGULATIONS, 2012

The Minister, in exercise of the powers conferred by section 5(2) of the Referendum Act, Chapter 1, makes the following Regulations -

1. Citation.

These Regulations may be cited as the Referendum Regulations, 2012.

2. Interpretation.

( 1) In these Regulations -

"Order" means the order provided for by section 3A(l) of the Referendum Act; 20 12;

"question" means the question to be set out in regulations made pursuant to section 5(2) of the Referendum Act, 2012.

(2) References in the Parliamentary Elections Act (Ch. 7)- (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 ( Ch. 7) any reference to -

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

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

3. Modification of First Schedule to Chapter 7.

(1) The provisions of the Parliamentary Elections Act (Ch. 7) 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 ( Ch. 7) not specified in the First Schedule shall not apply for the purposes of a referendum.

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4. Modification of Sub. Leg., Vol. 1, Ch. 7- p. 199.

Regulation 8 of the Parliamentary Elections (Symbols and Time-Off) Regulations, shall apply to a referendum conducted under section 3A of the Referendum Act ( Ch. 1).

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SCHEDULE

(Regulation 3)

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

Column 1

Section 2

Section 9

Section 11

Section 19

Section 27

Section 32

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Column 2

The following definitions shall not apply-

"candidates"

"constituency"

"election"

"election agent"

"election court"

"election petition"

"general election"

"nomination day"

"polling day"

"regular vote"

"Member of Parliament"

"Speaker"

"writ of election" or "writ"

Delete paragraph (b) of subsection (2).

Delete subsection ( 4).

Delete subsection (8).

Delete subsection (7).

Delete the section and stibstitute-

"32. Referendum.

The Governor-General shall on the advice of the Minister by Order .appoint the day upon which the referendum shall be held and there shall be not less than twenty-one nor more than twenty-six days between the publication of the Order and the return of the results.".

Section 44

Section 45

Delete the section and substitute-

"44. Order.

The Order shall state -

(a) the date for the holding of the referendum;

(b)

(c)

the question or questions to be asked in the referendum;

the manner in which the opinions of voters are to be signified.".

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".

Section 49, 49A, 49B, 49C

Section 50

Section 51

Section 53

Section 54

Delete the section and substitute -

"51. Ballot paper.

(I) 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"; or

(ii) the word ''No".

(3) Every ballot paper shall be in Form K in the 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 .".

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Section 55

Section 56

Section 56A

Section 58

Section 59

Section 60

Section 63

Section 65

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Delete paragraphs (b) and (c) ofsubsection (1) and substitute the following -

"(b) observers appointed under section 104A; (c) the permitted number of observers shall not exceed

three persons at any time;".

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".

(i) Delete paragraph (b) of subsection (2) and substitute

"(b) on which votes are given to both answers the question or questions; or".

(ii) Delete from subsection (3) the word "candidates" and substitute the words "answer to the question or questions".

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".

(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 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 th¥ negative, and forthwith declare such result;".

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Section 66

Section 67

Section 68

Section 72

(ii) Delete paragraph ( c )(i) of subsection (I) and substitute

"(i) the number of 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;".

(iii) Delete subsection (3).

Delete paragraphs (b) and (c) of subsection (2) and substitute -

"(b) election agents as modified by regulation 2(3) of these Regulations.

Delete the section and substitute - 1'68. Notice of result.

Immediately foJiowing the recount made pursuant to the provisions of section 67 of this Act, the returning officer shall -

(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;

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

Delete the section and substitute -

"72. Declaration of result.

When the result of the poll has been ascertained, the Parliamentary Commissioner shall -

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

(i) in the affirmative;

(ii) in the negative;

(b) certify whether the total number of votes in the referendum signifying the answer "yes" represents or does not represent the majority of all the voters voting in the refer en dum.".

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) )

Section 73

Section 74

Section 75

Section 76

Section 79

Section 80

Section 92

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Delete the section and substitute -

"73. Results to Governor-General.

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."

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".

(i) Delete the words "the election of a candidate as Member of Parliamenf' and substitute the words "A referendum".

(ii) Delete (b) and substitute the following-

"(b) non compliance with the provisions of this Act relating to elections if. it appears that the election was not conducted in accordance with principles laid down in such provisions,

and that such non compliance affected the result of the election.".

(iii) Delete (c) and (d).

(i) References to an "election court" shall be construed as references to "Referendum Tribunal".

(ii) Delete (2) and substitute-

"A reference to a Referendum Tribunal" shall consist of the Chief Justice who shall be Chairman and a justice of the Supreme Court named by the Chief Justice."

Delete all the words commencing "and petitions" to the end

Section 94

Section 95

I Section 96

I .)

Section 97

Section 98

Section 99

Section 100

Section 101

Section 104

of the section and substitute the words "shall be regulated by su(;h rules that apply to election petitions as are made by the Rules Committee under the Supreme Court Act.".

Delete paragraphs (a) and (d) of subsection (1).

(i) Delete paragraphs (c), (d) and (h) of subsection (1).

(ii) In subsection (3), substitute "(c)" for "(d)", delete "(d) to (h) inclusive" and substitute "and (g)".

In subsection (1), delete the words "in order to be elected or for being ele~ted".

Delete subsection (l)(a) and substitute-

"(a) upon any public road or in any 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;".

(i) Delete the words "a general election" and substitute the words "a referendum".

(ii) Delete the proviso.

Delete from subsection (5) the words "or to vote or refrain from voting for any candidate".

(i) Delete from paragraphs (b) and (c) the words "the candidate for whom" and substitute the words "how".

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

(iii) Delete paragraph (f).

(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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Section 1 04A

1 04B, 1 04D, 1 04E

FormK

Counterfoil

No .......... .

NOTES:

Delete and substitute-

"104A. Observers at Referendum.

(1) The Minister may, with a view to ensuring the fairness of the process, appoint three local observers including at least two persons representing the views of those members of the public interested in the "Yes" and the "No" result of the Referendum.

(2) Any appointment under subsection (1) shall be in writing and signed by the Minister.".

Delete the Form and substitute-

"FORMK

FORM OF BALLOT PAPER

Question No. YES

(state the question) NO

Question No.

(state the question)

YES

NO

(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 -

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"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

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cross, thus X on the right band side of the ballot paper opposite the space containing the word "Yes" if he desires to answer the question in the affirmative or within the space containing the word ''No" 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.".

FonnP 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 baltot paper for the incapacitated voter".

FormQ

FormR 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)

Negative Answers

Question No:

(state the question)

Negative Answers

Date

Affirmative Answers

Affirmative Answers

RETURNING OFFICER".

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FormS Delete the Form and substitute-

"FORMS (Section 72)

NOTICE OF RESULT OF REFERENDUM FOR TilE

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.

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" represents/ 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

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

D~e __________________________ __

PARLIAMENTARY COMMISSIONER".

Made this 31•1 day of December, 2012.

Signed BERNARD J. NOTTAGE

Minister responsible for Parliamentary Registration and Elections

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