CONSTITUTIONAL REFERENDUM REGULATIONS, 2002 |
| 21 of 2002
S.I. 24/2002 |
| (SECTION 5) | |
| [Commencement 1st February, 2002] |
1. These
Regulations may be cited as the Constitutional Referendum Regulations, 2002. | Citation. |
2. (1) In these Regulations- | Interpretation. |
"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; |
(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. | Modification of Schedule. |
(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. | Modification of Parliamentary Elections (Symbols and
Time-off) Regulations, 2002. |
FIRST SCHEDULE (Regulation 3) |
APPLICATION AND
MODIFICATION OF THE PROVISIONS OF THE PARLIAMENTARY ELECTIONS ACT, 1992 |
(Chapter 7) |
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Column 1
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Column 2
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Section 2
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The following definitions shall not apply-
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"candidates"
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"election"
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"election agent"
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"general election"
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"nomination day"
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"polling day"
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"regular vote"
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"Member of Parliament"
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"Speaker"
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"writ of election" or "writ"
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Section 9
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Delete paragraph (b) of subsection (2).
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Section 11
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Delete subsection (4).
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Section 19
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Delete subsection (8)
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Section 27
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Delete subsection (7)
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Section 32
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Delete the section and substitute-
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"Referendum.
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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.
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(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.
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(3) The proclamation shall state the date for the holding of the referendum.".
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Section 35
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Delete the section and substitute-
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"Public notice of referendum.
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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."
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Section 44
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Delete the section and substitute-
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"Proclamation.
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44. The proclamation shall state -
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(a) the date for the holding of the referendum;
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(b) the question or questions to be asked in the
referendum;
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(c) the manner in which the opinions of voters are to
be signified."
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Section 45
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Delete all the words from "the result shall" to
the end of the sentence and substitute the following-
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"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
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Delete the section and substitute-
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"Party representatives.
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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."
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Section 47
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(i) Delete the words "commissioner in a
Family Island" and substitute the words "Family Island
Administrator".
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(ii) Delete the words "candidate seeking
election as a Member of Parliament and substitute the words "political
party".
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Section 51
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Delete the section and substitute-
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"Ballot paper.
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51. (1) The ballot of every voter shall consist
of a ballot paper.
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(2) On the ballot paper shall be printed-
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(a)
the question or questions to be asked in the referendum; and
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(b)
below each of the question or questions and in separate spaces-
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(i)
the word "Yes"; and
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(ii)
the word "No"; and
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(c)
opposite the word "Yes" and the word "No" such respective symbol as may be prescribed.
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(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.
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(4) Every ballot paper shall be in Form
K in the Second Schedule to this Act and shall-
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(a)
be printed without any margin to the left side of the question or questions;
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(b)
be capable of being folded up;
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(c)
have a number printed on the back; and
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(d)
have attached a counter-foil with the same number printed on the face.
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(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
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Delete paragraphs (b) and (c) and substitute the following-
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"(b) a representative of a political party;"
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Section 59
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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".
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Section 60
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(i) Delete paragraph (b) of subsection (2) and
substitute-
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"(b) on which votes are given to both answers to the question or questions; or"
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(ii) Delete from subsection (3) the word
"candidates" and substitute the words "answer to the question
or questions".
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Section 63
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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".
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Section 65
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(i) Delete paragraph (a) of subsection (1) and
substitute-
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"(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."
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(ii) Delete paragraph (c)(i) of subsection (1) and
substitute-
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"(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".
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(iii) Delete from subsection (3) the words
"candidate, being the candidate himself or his election agent" and
substitute the words "political party".
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Section 66
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Delete paragraphs (b) and (c) of subsection (2) and
substitute-
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"(b) a representative of a political party".
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Section 68
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Delete the section and substitute-
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"Notice of result.
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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;
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(b)
give public notice in Form R in the Second Schedule to this Act of the results of the referendum in that constituency."
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Section 72
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Delete the section and substitute-
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"Declaration of results.
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72. When the result of the poll has been
ascertained the Parliamentary Commissioner shall-
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(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-
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(i)
in the affirmative;
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(ii)
in the negative;
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(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."
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Section 73
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Delete the section and substitute-
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"Results to Governor-General.
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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."
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Section 74
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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".
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Section 79
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(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".
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(iii) Delete paragraph (c) and substitute-
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"(c)
that a corrupt or illegal practice was committed in connection with the referendum by a representative of a political party."
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(iv) Delete paragraph (d).
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Section 80
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Delete subsection (2) and substitute-
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"(2) A Referendum Tribunal shall consist of-
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(a)
the Chief Justice who shall be chairman; and
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(b)
a Justice of the Supreme Court."
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Section 81
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Delete paragraphs (b) and (c) and substitute-
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"(b)
the Attorney-General."
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Section 82
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Delete the section and substitute-
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"Relief which may be claimed.
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82. A petitioner may claim that the result of
the referendum in any constituency is void.".
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Section 84
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Delete the section and substitute-
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"Time for presentation of referendum petition.
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84. Every referendum petition shall be
presented within twenty-one days after the date on which the result of the
referendum was declared."
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Section 85
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Delete the section and substitute-
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"Conclusion of trial of referendum petition.
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85. (1) At the conclusion of the trial of a
referendum petition the Referendum Tribunal shall either-
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(a)
confirm without alteration the declared result of the referendum in any constituency; or
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(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.
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(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
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(i) Delete from subsection (1) the words "the
Speaker" and substitute the words "the Parliamentary
Commissioner".
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(ii) Delete subsection (7).
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Section 87
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Delete the words "for whom" and substitute the
word "how".
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Section 92
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Delete the words "and petitions under section 90 of
this Act".
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Section 95
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Delete paragraph (d) of subsection (1).
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Section 96
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(i) Delete paragraph (c), (d) and (h) of
subsection (1).
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(ii) In subsection (3) substitute
"(c)" for "(d)" and delete "to (h) inclusive"
and substitute "and (g)".
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Section 97
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In subsection (1) delete the words "in order to be
elected or for being elected".
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Section 98
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Delete subsection (1)(a) and substitute-
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"(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;".
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Section 99
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(i) Delete the words "a general
election" and substitute the words "a referendum".
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(ii) Delete the proviso.
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Section 100
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Delete from subsection (5) the words "or to vote or
refrain from voting for any candidate".
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Section 101
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(i) Delete from paragraphs (b) and (c) the words
"the candidate for whom" and substitute the word "how".
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(ii) Delete from paragraph (e) the words "the
name of any candidate for whom" and substitute the word "how".
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(iii) Delete paragraph (f).
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Section 104
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(i) Insert in subsection (1) the words
"or an illegal practice" after the words "corrupt
practice".
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(ii) Delete subsections (2) and (3).
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(iii) Insert in subsection (5) the words
"or an illegal practice" after the words "corrupt
practice".
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Form A.
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Delete the Form and substitute-
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"FORM A (Section 34) |
FORM OF A WRIT OF
REFERENDUM |
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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:
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To the Returning Officer for the
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Constituency:
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GREETING:
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WHEREAS we have ordered a REFERENDUM to be held in the
Commonwealth of The Bahamas on the day of ,
20 .
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next;
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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.
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Dated this day of , 20
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GOVERNOR-GENERAL
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Endorsement of
Receipt of Writ
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Received the
enclosed writ on the day of , 20
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Returning Officer
for the
________________________________________ Constituency
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Endorsement of
Certificate of Writ of Referendum
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I hereby certify
that the results of the Referendum for the ______________
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Constituency,
in pursuance of the enclosed writ is
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Question No.:
(state the question)
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Affirmative answers
_______________________________
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Negative answers
________________________________
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Question No.:
(state the question)
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Affirmative answers
_______________________________
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Negative answers
________________________________
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Date
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____________________________________________
Returning Officer for the
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_______________________________
Constituency".
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Form B
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Delete the Form and substitute-
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"FORM B (Section 35) |
FORM OF NOTICE OF
REFERENDUM |
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FOR THE __________________________ CONSTITUENCY
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NOTICE OF REFERENDUM
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Notice is
hereby given that-
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(1) The polling
day for the referendum will be the , 20 .
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(2) The
question or questions to be asked in the referendum is/are
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Question No.:
(state the question)
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Question No.:
(state the question)
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(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-
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Polling
Division No.
Polling Place
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No.
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No.
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No.
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No.
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No.
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No.
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Date
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________________________________________
Returning Officer for the
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________________________
Constituency".
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Form K
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Delete the Form
and substitute-
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"FORM K (Section 51(2)) |
FORM OF BALLOT
PAPER |
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Counterfoil No...........
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Question No.
(state the question)
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YES
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(Symbol)
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NO
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(Symbol)
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Question No.
(state the question)
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YES
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(Symbol)
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NO
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(Symbol)
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NOTES:
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(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.
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(2)
The dividing line between the ballot paper and the counterfoil shall be perforated.
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(3)
The horizontal dividing lines on the ballot paper shall not be less than one-eighth of an inch in thickness."
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Form L
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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.
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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.
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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.".
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Form P
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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".
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Form Q
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(i) Delete the words-
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"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-
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"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".
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Form R
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Delete the Form and substitute-
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"FORM R (Section 72 (1)) |
NOTICE OF RESULT
OF REFERENDUM |
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for the ______________________________________ Constituency
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DECLARATION OF RESULT OF THE POLL
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NOTICE is hereby given that on the taking of the poll
for the referendum in the ____________________________ Constituency the
following results are given-
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Question No:
(state the question)
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_________________
Affirmative Answers
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_______________
Negative Answers
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Question No.
(state the question)
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_________________
Affirmative Answers
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_______________
Negative Answers
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Date
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RETURNING OFFICER".
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Form S
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Delete the Form and substitute-
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"FORM S (Section 72) |
NOTICE OF RESULT
OF REFERENDUM FOR THE COMMONWEALTH OF THE BAHAMAS |
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Question No.:
(state the question)
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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-
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CONSTITUENCY
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AFFIRMATIVE
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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" [i]represents/does not represent the
majority of all the voters voting in the Referendum.
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Question No.:
(state the question)
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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-
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CONSTITUENCY
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AFFIRMATIVE
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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" [ii]represents/does
not represent the majority of all the voters voting in the Referendum.
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Date ________________________________
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____________________________________
PARLIAMENTARY COMMISSIONER".
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SECOND SCHEDULE (Regulation 4) |
APPLICATION AND
MODIFICATION OF THE PROVISIONS OF THE PARLIAMENTARY ELECTIONS (SYMBOLS AND
TIME-OFF) REGULATIONS, 2002 |
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Column 1
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Column 2
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Regulation 3
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Delete the regulation and substitute the following-
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"Symbols
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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.".
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Regulation 8
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Delete the words "polling day" wherever they
appear and substitute the words "the day for the holding of the
referendum".
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Schedule
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Delete the Schedule and substitute the following-
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"SCHEDULE |
Symbols |
 ".
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