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ELECTIONS ACT
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PART 6 ELECTION OFFENCES
2023 Laws not yet authenticated through a Commencement Order
Revised Laws of Saint Lucia (2023)
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PART 6
ELECTION OFFENCES
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PART 6 ELECTION OFFENCES
1. Short Title
2. Interpretation
3. Commission and electoral districts
4. Appointment of officers and establishment of offices
5. Duties and functions of registration and other officers
6. Qualification for Voting
7. Qualification for registration
8. Residence requirements
9. Registration and issue of identification cards
10. Lost or defaced identification cards
11. Issue of composite identification cards
12. Verification of register
13. Disqualification for registration
14. Deletions from register
15. Publication of register
16. Register of Police electors, correctional facility electors and fire service electors
17. The 1979 register
18. Omissions in register
19. Claims and objections to registration
20. Revision of register
21. List to be posted at conspicuous places
22. Register to remain in force until next revision
23. Commission may direct preparation of register
24. Effect of register
25. Extension of time
26. Offences
27. Omissions by election officers
28. Polling Divisions
29. Returning Officers
30. Election Clerks
30A. Assistant Election Clerks
31. Substitute Election Clerks
32. Presiding Officers
33. Poll Clerks
33A. Assistant Poll Clerks
34. How oath may be taken
35. Disqualification of election officers from nomination
36. Issue of Writs
37. Notice of time and place for elections
38. Returning Officer to obtain lists of electors
39. Nomination of candidates
40. Disposal of deposit
41. Uncontested elections
42. Adjournment in contested election to take poll
43. Power to adjourn polling day in case of emergency
44. Withdrawal of candidature
45. Taking of poll
46. Establishment of polling stations
47. Supplies of election material
48. Inspection of polling stations by presiding officer
49. Hours of taking the poll
50. Ballot boxes
51. Electors to vote only in polling division where their names appear
52. Elector to vote once in one electoral district
53. Police electors to vote in accordance with Schedule 2
54. Transfer of election officers' votes
55. Where transferred elector to vote
56. Proceedings at poll
57. Entries to be made by poll clerk
58. Admission into polling station
59. Mode of taking ballot
60. Mode of taking ballot in special cases
61. Correction of discrepancies
62. Who may be present in polling station
62A. Use of mobile phone at polling station
63. Proceedings after poll
64. Agents
65. Final counting of votes
66. Provisions applicable where ballot boxes not returned
67. Declaration of the poll
68. Election return
69. Penalty for delay, neglect or refusal of returning officer to return elected candidate
70. Election documents to be sent to Clerk of the House
71. Custody of ballot boxes
72. Intoxicating liquor not to be sold supplied or given on polling day
73. Employers to allow employees prescribed period for voting
74. Offences by election officers
75. Loudspeakers, ensigns, banners etc. prohibited on polling day
76. Order at polling stations
77. Influencing electors to vote
78. Bribery
79. Treating
80. Undue influence
81. Personation
82. Penalty for bribery, treating, under influence, personation
83. Penalty for certain illegal practices
84. Offences in respect of ballot papers
85. Secrecy
86. Offences re voting by police electors
87. Name and address of printer on election publications
88. Petition against disputed election
89. Presentation of petition and security for costs
90. Trial of election petition
91. Voter not to disclose how he or she voted
92. Non-compliance with rules etc. when not to invalidate election
93. Expenses to be paid out of Consolidated Fund
94. Statutory Instruments
95. Savings
Schedule 1
Schedule 2
Schedule 3
Schedule 4
ACT
PART 1 PRELIMINARY
1. Short Title
2. Interpretation
3. Commission and electoral districts
PART 2 FRANCHISE AND REGISTRATION OF ELECTORS
4. Appointment of officers and establishment of offices
5. Duties and functions of registration and other officers
6. Qualification for Voting
7. Qualification for registration
8. Residence requirements
9. Registration and issue of identification cards
10. Lost or defaced identification cards
11. Issue of composite identification cards
12. Verification of register
13. Disqualification for registration
14. Deletions from register
15. Publication of register
16. Register of Police electors, correctional facility electors and fire service electors
17. The 1979 register
18. Omissions in register
19. Claims and objections to registration
20. Revision of register
21. List to be posted at conspicuous places
22. Register to remain in force until next revision
23. Commission may direct preparation of register
24. Effect of register
25. Extension of time
26. Offences
27. Omissions by election officers
28. Polling Divisions
PART 3 ADMINISTRATION
29. Returning Officers
30. Election Clerks
30A. Assistant Election Clerks
31. Substitute Election Clerks
32. Presiding Officers
33. Poll Clerks
33A. Assistant Poll Clerks
34. How oath may be taken
35. Disqualification of election officers from nomination
PART 4 ELECTIONS
36. Issue of Writs
37. Notice of time and place for elections
38. Returning Officer to obtain lists of electors
PART 5 PROCEDURE AT ELECTIONS
39. Nomination of candidates
40. Disposal of deposit
41. Uncontested elections
42. Adjournment in contested election to take poll
43. Power to adjourn polling day in case of emergency
44. Withdrawal of candidature
45. Taking of poll
46. Establishment of polling stations
47. Supplies of election material
48. Inspection of polling stations by presiding officer
49. Hours of taking the poll
50. Ballot boxes
51. Electors to vote only in polling division where their names appear
52. Elector to vote once in one electoral district
53. Police electors to vote in accordance with Schedule 2
55. Where transferred elector to vote
56. Proceedings at poll
57. Entries to be made by poll clerk
58. Admission into polling station
59. Mode of taking ballot
60. Mode of taking ballot in special cases
61. Correction of discrepancies
62. Who may be present in polling station
62A. Use of mobile phone at polling station
63. Proceedings after poll
64. Agents
65. Final counting of votes
66. Provisions applicable where ballot boxes not returned
67. Declaration of the poll
68. Election return
69. Penalty for delay, neglect or refusal of returning officer to return elected candidate
70. Election documents to be sent to Clerk of the House
71. Custody of ballot boxes
72. Intoxicating liquor not to be sold supplied or given on polling day
73. Employers to allow employees prescribed period for voting
74. Offences by election officers
75. Loudspeakers, ensigns, banners etc. prohibited on polling day
76. Order at polling stations
77. Influencing electors to vote
78. Bribery
79. Treating
80. Undue influence
81. Personation
82. Penalty for bribery, treating, under influence, personation
83. Penalty for certain illegal practices
84. Offences in respect of ballot papers
85. Secrecy
86. Offences re voting by police electors
87. Name and address of printer on election publications
PART 7 ELECTION PETITIONS
88. Petition against disputed election
89. Presentation of petition and security for costs
90. Trial of election petition
91. Voter not to disclose how he or she voted
92. Non-compliance with rules etc. when not to invalidate election
PART 8 MISCELLANEOUS
93. Expenses to be paid out of Consolidated Fund
94. Statutory Instruments
95. Savings
Schedule 1
Schedule 2
Schedule 3
Schedule 4
SUBSIDIARY LEGISLATION
House of Assembly (Election Petition) Rules – Section 89(2) (Statutory Instrument 4/1948)
1. Short Title
2. Definitions
3. The Petition
4. Evidence not to be stated
5. Petitioner to give address for service
6. How presented
7. Publication of petition
8. Service of petition
9. Security for costs
10. Removal of objection where security declared insufficient
11. When petition at issue
12. Amendment of petition
13. Withdrawal of petition
14. Abatement of petition
15. Admission in certain cases of voters to be respondent
16. Respondent not opposing not to appear as party
17. Several petitions as to the same election
18. Notice of recrimination when petition complains of undue return and claims seat
19. Returning officer if complained of to be respondent
20. Petition complaining of no return
21. Mode of trial of petitions
22. Power to reserve question of law for Court of Appeal
23. Evidence of corrupt practice receivable before proof of agency
24. Expenses of witnesses
25. General costs of petition
26. Forms and matters not provided for
27. Interpretation Act applied
Schedule 1
PART 1 DISBURSEMENTS PAYABLE IN THE REGISTRY
PART 2 COUNSEL'S FEES COSTS AND WITNESSES EXPENSES
Schedule 2
Elections Regulations – Sections 94 and 95 (S.I. 32 & 41/1978, 30/1980, 15/1982, 87/1995, 156/2005, 155 & 173/2006, 83/2011, 84/2011, 82/2015 and 116/2015 and Act 5 of 2004)
1. Citation
2. Interpretation
PART 1 REGISTRATION
3. Registration Offices
4. Oath of Registration Officer
6. Registration Officer to be supplied with Registration Documents
7. Oath of Enumerator
8. Enumerator to be supplied with Registration Documents
9. Documents of Registration
10. Application for Registration
11. Manner of Registration
12. Where Applicant Unable to Read or Write
13. Spoilt and Disallowed Registration Record Card
14. Refusal of Application for Registration
15. Names of persons refused registration to be sent to Chief Registration Officer
16. Applications Referred by Enumerators to be considered by Registration Officers
17. Correction of Minor Errors and Omissions and Minor Alterations
18. Correction as to Date of Birth
19. Delivery of Documents by Enumerators to Registration Officer
20. Registration Officer to Complete Extracts of Master Registration Record Card
21. Form of Content of Lists
22. Publication of Lists
23. Notice of Claims of Objections
24. Time for Making Claims and Objections
25. Form of Claim or Objection
26. Entry and Disposal of Claims and Objections
27. Hearing of Claim or Objection
29. Correction of Lists
30. Publication of Registers
31. Chief Registration Officer to furnish copies of Registers
32. Free copies of Register
33. Sale of Register
34. Revision of Register
35. Change of Place
36. Change of Residence from one Electoral District to Another
37. Change of Name
38. Re-registration due to constant changes of Residence
PART 2 GENERAL
39. Residence
40. Declaration as to Age and Nationality
41. Enumeration and Enquiry
42. Interpreter
43. District Registrar to Supply Lists of Deaths
44. Disposal of Incompleted Documents
45. Partial or Total Loss of Registration Record Cards
46. Remuneration of Election Officers
47. Travelling Allowance
48. Allowance to Election Officers Receiving Instructions
49. Transcribing Entries to Extract of Registration Sheet
50. Typing Lists of Claims and Objections
51. Rental of Registration centre and Polling Station
52. Statement of Candidature
53. (Deleted by S.I. 84/2011)
54. Sending of Notices
55. Failure to Publish Document
56. Misnomers and inaccurate description
57. Offences
Schedule
Elections (Fees) Regulations – Sections 11 and 94 (Statutory Instrument 8/2004, 11/2005 and 117/2015)
1. Citation
2. Interpretation
3. Fees
4. Exemptions
Schedule
Elections (Enumeration and Scrutineer) Regulations – Section 94 (Statutory Instrument 157/2005)
1. Citation
2. Assignment to polling division
3. Enquiry
4. Identity badge
5. Notice to scrutineers
6. Notice of Objection
7. Certificate of enumeration
Schedule
Elections (Identification Cards) Regulations – Section 94 (Statutory Instrument 36/2006)
1. Citation
2. Identification cards
3. Non-film system
4. Polyvinyl chloride card
5. Electronic signature and finger print
6. Machine readable information
7. Security
8. Validity of identification cards
Schedule
Elections (Election Petition) Rules – section 89(2) (Statutory Instrument 63/2016)
1. Citation
2. Interpretation
3. Presentation of election petition
4. Form of election petition
5. Petitioner to give address for service
6. Evidence not to be stated
7. Publication of notice of election petition
8. Service of election petition
9. Response to election petition
10. Security for costs
11. Removal of objection where security declared insufficient
12. Election petition at issue
13. Amendment of election petition
14. Withdrawal of election petition
15. Substitution of a new petitioner
16. Abatement of election petition
17. Addition or substitution of respondent
18. Respondent not opposing not to appear as party
19. Several election petitions as to the same election
20. Notice of recriminatory grounds
21. Returning officer as respondent
22. Election petition complaining of no return
23. Trial of election petition
24. Power to reserve question of law for Court of Appeal
25. Evidence of corrupt practice receivable before proof of agency
26. Witnesses
27. General costs of election petition
28. Application of Civil Procedure Rules
29. Repeal
30. Pending election petitions
Schedule
Elections (Register of Electors) (Validation) Order – Section 25 (Statutory Instrument 167/2021)
1. Citation
2. Validation of register of electors