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2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

Back to Revised Laws of Saint Lucia (2023)

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23. Trial of election petition

(1) The trial of an election petition shall take place in open court at a time a judge may appoint, not being less than 7 days after notice of trial as set out in Form 21 of the Schedule has been given to the parties and published in the Gazette and in a newspaper in general circulation in Saint Lucia.

(2) The judge may adjourn the trial from time to time, but the trial of an election petition so far as practicable, consistently with the interests of justice in respect of the trial, must be continued from day to day until its conclusion.

(3) The judge may, if he or she considers necessary, make a special report to the Governor General upon any matter arising in the course of the trial.

(4) Where it appears to the judge, on an application as set out in Form 22 of the Schedule by either party, or without an application, that the case raised by the election petition may be stated as a special case, he or she may direct the election petition to be stated as a special case by the petitioner and the respondent, and any special case shall, as far as may be possible, be heard before the Court, and the decision of the Court shall be the decision on the election petition.

(5) In case the petitioner and the respondent differ on the stating of the special case, the Court may refer the matter to be settled by a legal practitioner bestowed with the rank of Queen's Counsel or Senior Counsel.

(6) A copy of the case stated as settled shall be sent to the parties within 7 days of settlement of the case stated.

(7) The court office shall give the parties at least 14 days notice of the date, time and hearing of the special case.

(8) The judge shall certify to the Governor General his or her determination in reference to a special case.

23. Trial of election petition

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

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

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

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

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

PART 1 PRELIMINARY

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

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

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

PART 6 ELECTION OFFENCES

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

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

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

SUBSIDIARY LEGISLATION

House of Assembly (Election Petition) Rules – Section 89(2) (Statutory Instrument 4/1948)

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

PART 1 DISBURSEMENTS PAYABLE IN THE REGISTRY

PART 2 COUNSEL'S FEES COSTS AND WITNESSES EXPENSES

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)

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

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

Elections (Fees) Regulations – Sections 11 and 94 (Statutory Instrument 8/2004, 11/2005 and 117/2015)

2. Interpretation

Elections (Enumeration and Scrutineer) Regulations – Section 94 (Statutory Instrument 157/2005)

2. Assignment to polling division

4. Identity badge

5. Notice to scrutineers

6. Notice of Objection

7. Certificate of enumeration

Elections (Identification Cards) Regulations – Section 94 (Statutory Instrument 36/2006)

2. Identification cards

3. Non-film system

4. Polyvinyl chloride card

5. Electronic signature and finger print

6. Machine readable information

8. Validity of identification cards

Elections (Election Petition) Rules – section 89(2) (Statutory Instrument 63/2016)

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

24. Power to reserve question of law for Court of Appeal

25. Evidence of corrupt practice receivable before proof of agency

27. General costs of election petition

28. Application of Civil Procedure Rules

30. Pending election petitions

Elections (Register of Electors) (Validation) Order – Section 25 (Statutory Instrument 167/2021)

2. Validation of register of electors