Revised Laws of Saint Lucia (2021)

Schedule 3

FORM 1(Section 36)
THE ELECTIONS ACT
WRIT OF ELECTION
His/Her Excellency
The Governor General
of Saint Lucia
To the Returning Officer ................................. of the .................................. Electoral District.
Whereas by section 36(1) of the Elections Act it is provided that for the purposes of every general election of members of the House of Assembly, and for the purposes of the election of members to fill vacancies in the House caused by death, resignation, or otherwise, the Governor General shall issue writs under the Public Seal, addressed to the returning officers of the respective electoral districts for which members are to be returned.
*And Whereas I think it expedient that writs should be issued for the election of members to serve in the House of Assembly;
†And Whereas the seat of the Elected Member for the ............................. Electoral District has become vacant in consequence of
Now, therefore, I ..................................................... Governor General as aforesaid, do hereby require that, notice of the time and place fixed for the nomination of candidates having been first duly given as required by law, you do on the ........................................................... day of .................................... at .................................... in the said Electoral District, cause election to be made according to law of a member to serve in the House of Assembly of the State for the said Electoral District, and that, if necessary, you do cause a poll to be taken on the .......................................... day of .................................... 20........... and that you do cause the name of such member when so elected to be certified to me not later than the ....................................... day of .......................................
Given under my Hand and the Public Seal of the State of Saint Lucia this .............................. day of ....................................
* To be included in a writ for a general election
To be included in a writ for a by-election
FORM 2(Section 29(2))
THE ELECTIONS ACT
OATH OF RETURNING OFFICER
I, .................................... having been appointed returning officer for the. ................................... electoral district, do swear that I will faithfully perform all the duties of such returning officer in accordance with the Elections Act, and of any statutory instruments made thereunder to the best of my ability.
Sworn before me
.....................................................
Returning Officer
...............................................................
Justice of the Peace (or as the case may be)
Date ....................................
FORM 3(Section 30(2))
THE ELECTIONS ACT
APPOINTMENT AND OATH OF AN ELECTION CLERK
Appointment
To (.......................................................................................), whose occupation is (..................................................................................) and whose address is (..............................................................................................................)
Take Notice that We hereby appoint you to be election clerk for the ........................................................... electoral district.
Given under my hand at ................................ this .................................... day of ........................................ in the year 20.............
...........................................................
Electoral Commission
Oath
I, ................................................................................... the undersigned, having been appointed election clerk for the .............................................. electoral district, do swear that I will act faithfully in the capacity of election clerk and also of that of returning officer, if required to act as such in accordance with the Elections Act and of any rules made thereunder, without partiality, fear, favour or affection to the best of my ability.
...........................................................
Election Clerk
Sworn before me this ........................ day of ........................... 20............
...........................................................
Justice of the Peace
(or as the case may be)
FORM 4(Section 32(2))
THE ELECTIONS ACT
OATH OF A PRESIDING OFFICER
I, ................................................................................................................ the undersigned, appointed presiding officer for polling station No .............. of the .................................................... electoral district swear that I will act faithfully in my said capacity of Presiding Officer according to law, without partiality, fear, favour or affection, and that I will keep secret the names of the candidates for whom any of the voters in the abovementioned polling station marks his or her ballot paper in my presence at this election.
So Help Me God.
...........................................................
Presiding Officer
Sworn before me at .................................................................. this ............................... day of ............................................... 20............
...........................................................
Returning Officer
(as the case may be)
(Section 33(2))
FORM 5
THE ELECTIONS ACT
OATH OF A POLL CLERK
I, ...................................................................... the undersigned, appointed as Poll Clerk for polling station No ........................................................... of the ......................................................... electoral district swear that I will act faithfully in my capacity of Poll Clerk and also that of Presiding Officer if required to act as such, according to law, without partiality, fear, favour or affection, and that I will keep secret the names of the candidates for whom any voter in the above-mentioned polling station marks his or her ballot paper in my presence at this election.
So Help Me God.
...........................................................
Poll Clerk
Sworn before me at ........................................................ this ...................................... day of ..............................................., 20...........
...........................................................
Presiding Officer
(as the case may be)
FORM 6(Section 37)
THE ELECTIONS ACT
Notice of Election of a Member of the Electoral District of ....................................................................................................................
His Excellency the Governor General having issued His Writ for the Election of a member of the House of Assembly for the ................................ electoral district the Returning Officer of the said district will on the ............................... day of ................................................... 20........... now next ensuing between the hours of 9:00 a.m. and noon at ............................... proceed to the nomination, and if there is no opposition, to the election of a member for the ............................... electoral district.
Forms of nomination papers may be obtained at the office of ......................................... at ................................................... between the hours of ............................... and ............................... daily except on Wednesday when the office is closed at ............................... p.m. (Sunday also excepted).
Every nomination paper must be signed by any 6 or more electors qualified to vote in the .......................................... electoral district and be handed to the Returning Officer between the said hours of 9:00 a.m. and noon.
No nomination paper shall be valid or acted upon by the Returning Officer unless it is accompanied by —
(a) the consent in writing of the person therein nominated, and
(b) a deposit of $250 in cash.
In the event of election being contested the poll will take place between the hours of 6:30 a.m. and 6:00 p.m. ....................................... and the counting of votes will take place thereafter at ............................ on ............................. at the hour of ............................... and at such places as may hereafter be appointed.
The office of the Returning Officer for the ............................... Electoral District is situate at ............................................................
...........................................................
Returning Officer for the
.............................. Electoral District
Date ......................................................................................................
FORM 7(Section 39(2)(a))
THE ELECTIONS ACT
NOMINATION PAPER
We, the undersigned electors for the .......................................... electoral district do hereby nominate the following person as a proper person to serve as a member of the House of Assembly for the said ...................................... electoral district and we certify that to the best of our belief he or she is qualified for election as a member of the House of Assembly under the Constitution and this Act.
SurnameOther NamesAddressOccupationSignature
.....................................................
.....................................................
.....................................................
Signature.....................................................
.....................................................
.....................................................
.....................................................
Dated ..................................
I, ................................................................................................................ nominated in the foregoing nomination paper hereby consent to such nomination as candidate for election as a member of the House of Assembly for the ........................................... electoral district and name as my address for serving of process and papers under the Elections Act—
Address .....................................................................................................
Witness my hand this ........................ day of ............................ 20...........
Signed by the said nominee in the ............................................................ presence of ......................................................................................................
..................................................................................................
Signature of WitnessSignature of Candidate
FORM 8(Section 39(7))
THE ELECTIONS ACT
STATUTORY DECLARATION OF A PERSON NOMINATED AS A CANDIDATE FOR ELECTION AS A MEMBER OF THE HOUSE OF ASSEMBLY
Qualification of ......................................................................................... of ..................................................................................................................... in the ...................................................................... of .................................... nominated as a candidate for election as a member of the House of Assembly for the ............................... Electoral District.
I, ............................................... of ........................................... in the ............................................................. of ............................................. do solemnly and sincerely declare that —
(a)I am a citizen of Saint Lucia;
(b)I am not below the age of 21;
(c)I was —
(i)born in Saint Lucia and am domiciled and resident there at the date of my nomination for election; or
(ii)born outside Saint Lucia but have resided in Saint Lucia for a period of 12 months immediately preceding the date of my nomination for election;
(d)I am able to speak and read the English language with a degree of proficiency sufficient to enable me to take an active part in the proceedings of the House of Assembly;
(e)I am not by virtue of my own under any acknowledgement of allegiance, obedience or adherence to a foreign power or state;
(f)I am not a minister of religion;
(g)I am not a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in any part of the Commonwealth;
(h)I do not hold, nor am I acting in any public office;
(i)I am not under sentence of death imposed on me by a court in any part of the Commonwealth nor am I serving a sentence of imprisonment (by whatever named called) exceeding 12 months imposed on me by such a court or substituted by competent authority for some other sentence imposed on me by such a court, nor am I under such a sentence of imprisonment the execution of which has been suspended;
(j)I am not disqualified for membership of the House of Assembly by any law enacted by the Parliament of Saint Lucia by reason of my having any interest in any such Government contract as may be prescribed by any law;
(k)I have not been adjudged or otherwise declared bankrupt under any law in force in any part of the Commonwealth and have not been discharged;
(l)I am not disqualified for membership of the House of Assembly by virtue of any law enacted by the Parliament of Saint Lucia relating to offences connected with elections;
(m)I am not disqualified for election by any law enacted by the Parliament of Saint Lucia by reason of my holding or acting in any office the functions of which involve —
(i)any responsibility for, or in connection with, the conduct of any election; or
(ii)any responsibility for the compilation or revision of any electoral register.
I make this declaration conscientiously believing the same to be true and according to the Statutory Declaration Act and I am aware that if there is any statement in this Declaration which is false in fact which I know or believe to be false or do not believe to be true, I am liable to imprisonment.
(Signed) ...................................................
Declared before me this ..................... day of ........................... 20...........
(Signed) ...................................................
FORM 8A(Section 39(7))
THE ELECTIONS ACT
STATUTORY DECLARATION OF AGENT OF A PERSON NOMINATED AS A CANDIDATE FOR ELECTION AS A MEMBER OF THE HOUSE OF ASSEMBLY
Qualification of .......................................... of .................................................... in the ............................................................ of .............................................. nominated as a candidate for election as a member of the House of Assembly for the .......................................... Electoral District.
I, .............................................. in the ......................................... of .............................................. of .............................................. do solemnly and sincerely declare that ...........................................................
(a)is a citizen of Saint Lucia;
(b)is not under 21 years of age;
(c)was born —
(i)in Saint Lucia and is domiciled and resident there at the date of his or her nomination for election; or
(ii)outside Saint Lucia but has resided in Saint Lucia for a period of 12 months immediately preceding the date of his or her nomination for election;
(d)is able to speak and read the English language with a degree of proficiency sufficient to enable him or her to take an active part in the proceedings of the House of Assembly;
(e)is not by virtue of his or her own act under any acknowledgement of allegiance, obedience, or adherence to a foreign power or state;
(f)is not a minister of religion;
(g)is not an undischarged bankrupt having been adjudged or otherwise declared bankrupt under any law in force in any part of the Commonwealth;
(h)is not a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in Saint Lucia;
(i)is not under sentence of death imposed on him or her by a court in any part of the Commonwealth or is serving a sentence of imprisonment (by whatever name called) exceeding 12 months imposed upon him or her by such a court or substituted by competent authority for some other sentence of imprisonment the execution of which has been suspended;
(j)is not disqualified for membership of the House of Assembly by any law enacted by the Parliament of Saint Lucia by reason of his or her having any such interest in any such Government contract as may be prescribed by law;
(k)is not disqualified for membership of the House of Assembly by virtue of any law enacted by the Parliament of Saint Lucia relating to offences connected with elections;
(l)does not hold, nor is he or she acting in any public office;
(m)is not disqualified for election by any law enacted by the Parliament of Saint Lucia by reason of his or her holding or acting in any office the functions of which involves—
(i)any responsibility for, or in connection with, the conduct of any election; or
(ii)any responsibility for the compilation or revision of any electoral register.
I make this Declaration conscientiously believing the same to be true and according to the Statutory Declarations Act and I am aware that if there is any statement in this Declaration which is false in fact which I know or believe to be false or do not believe to be true, I am liable to imprisonment.
(Signed) ............................................
Agent for
Declared before me this .......................... day of ..................... 20...........
(Signed)
FORM 9
(Section 41)
THE ELECTIONS ACT
RETURN OF UNCONTESTED ELECTION
I hereby certify that the member elected for the     
electoral district in pursuance of the within Writ is     
    
(Insert name, address and occupation of member)
    
(elected as stated on the nomination paper)
no other candidate having been nominated.
Dated at ................... this ........................ day of ........................ 20.........
    
Returning Officer
To The Chief Elections Officer

FORM 10

(Section 42(2))

THE ELECTIONS ACT

NOTICE OF GRANT OF POLL

The     
Electoral District
NOTICE is hereby given to the electors of the Electoral District aforesaid that a Poll will be taken for the election now pending for the said electoral district and that such Poll will commence on the     
day of      20     at the hour of 6:30 in the forenoon and kept
open till the hour of 6 in the afternoon in the following Polling Stations established in the various Polling Divisions comprised in the said electoral district.
     Polling Stations     
         
         
         
And that the candidates in the above electoral district are as follows —
Candidates Photo    
Photo    
Photo    
Photo    
Photo    
And that the number of votes given to the several candidates will be finally counted on the .......... day of .............................. 20..........
in the      of which all persons are hereby required to take
notice and govern themselves accordingly.
Given under my hand at      this     
day of      20    
    
Returning Officer

(Substituted by Act 13 of 2016)

FORM 11
(Section 44(2))
THE ELECTIONS ACT
RETURN WHERE CANDIDATES WITHDRAW OR DIE
I hereby certify that the member for the      electoral
district in pursuance of the within Writ is     
(Insert name, address and occupation of member elected)
    
(as stated on the nomination paper)
the other or all other candidates having withdrawn or died.
Dated at .................... this ..................... day of ........................, 20..........
..................................
Returning Officer
To The Chief Elections Officer

FORM 12

(Section 45)

BALLOT PAPER

NoGENERAL ELECTION     
No.     Electoral District
Voter's Number on Roll     
Polling Day
Space for initials of Presiding Officer
     Do not fold beyond this line     
1.     Babulah, Conrad D.
72, Chancery Lane
Engineer
Photo
Symbol
2.     Ocean Francis
89, Haynes Stress
Merchant
Photo
Symbol
3.     Ronson, Emmanuel
475, Marli Street
Insurance Broker
Photo
Symbol

(Substituted by Act 13 of 2016)

FORM 13

(Section 47(1)(a)(iv))

THE ELECTIONS ACT

DIRECTION OF ELECTIONS

1.     Each elector may vote only at one polling station and for only one candidate.
2.     The elector will go into one of the compartments and with the black lead pencil or a voting stamp approved by the Commission there provided place a cross or impress the voting stamp approved by the Commission within the space containing the name of the candidate for whom he or she votes, thus X.
3.     The elector shall then fold the ballot paper so that the initials of the presiding officer can be seen without opening the ballot paper. He or she shall then place the ballot paper so folded in the ballot box after having shown the initials to the presiding officer. The elector shall then quit the polling station.
4.     If an elector inadvertently spoils a ballot paper he or she may return it to the Presiding Officer who on being satisfied of the fact will give him or her another.
5.     If an elector votes for more than one candidate or places any mark on the ballot paper by which he or she can afterwards be identified his or her vote will be void and will be counted.
6.     In the following form of ballot paper given for illustration the candidates are Conrad D. Babulah, Francis Ocean and Emmanuel Ronson, and the elector has marked his or her ballot paper in favour of Francis Ocean.
Polling Day
Space for initials of Presiding Officer
     Do not fold beyond this line     
1.     Babulah, Conrad D.
72, Chancery Lane
Engineer
Photo
Symbol
2.     Ocean Francis
89, Haynes Stress
Merchant
Photo
Symbol
3.     Ronson, Emmanuel
475, Marli Street
Insurance Broker
Photo
Symbol

(Substituted by Act 13 of 2016)

FORM 14(Section 56(4))
THE ELECTIONS ACT
POLL BOOK
Consecutive number given each Elector as he or she applies for BallotParticulars of ElectorParticulars of persons applying for Ballot Papers after another person has voted as such person
Name of ElectorOccu-
pation
Postal AddressRegis-
tration number of Elector on list of Electors
Form numbers of Oaths if any Elector is required to swear(a) Record that Oath sworn or refused(b) Record that Elector has votedNameRegis-
tration Number of Electors list of electors
Record that Oath swornObject-
ions if any made on behalf of any candi-
dates
Remarks
(a) If sworn insert “Sworn”, and number of the Oath, if refused insert, “refused to be sworn”
(b) When Ballot put into Ballot Box insert “voted”
FORM 15(Section 58(1))
THE ELECTIONS ACT
APPOINTMENT OF AGENT
I, ..................................................... nominated to serve as a member of the House of Assembly for the ........................................... electoral district do hereby appoint ............................................. whose address is ............................................. and whose occupation is ............................................. as my agent.
*for the purpose of the proceedings at Polling Station No ................
†(to attend the final count of votes by the returning officer).
.......................................................
Candidate
*For agent at polling station
For agent at final count
FORM 16(Section 60(1))
THE ELECTIONS ACT
Oath of Identity of an Elector receiving a Ballot Paper after another has voted in his or her name.
I swear that I am .......................................................................................
(Name as on list of electors)
of ..................................................................................................................
(Address as on list of electors)
whose name is entered on the list of electors now shown to me.
So Help me God
FORM 17(Section 60(3))
THE ELECTIONS ACT
OATH OF INCAPACITATED ELECTOR
I swear that I am incapable of voting without assistance by reason of physical incapacity.
So Help me God
FORM 18(Section 60(4))
THE ELECTIONS ACT
OATH OF BLIND ELECTOR
I .......................................................... swear that I am incapable of voting without assistance by reason of my inability to see.
So Help me God
FORM 19(Section 60(5))
THE ELECTIONS ACT
OATH OF FRIEND OF BLIND ELECTOR
I swear that I will keep secret the name of the candidate for whom I mark the ballot paper of the blind elector on whose behalf I act, and that I have not already acted as the friend of a blind elector for the purpose of marking his or her ballot paper at this election.
So Help me God
FORM 20(Section 61(1))
THE ELECTIONS ACT
Oath that the Elector is the Person Intended to be Referred to in the List of Electors
I swear that I am qualified to vote at this election of a member to serve in the House of Assembly and am not disqualified from voting thereat and that I verily believe that I am the person intended to be referred to by the entry, in the List of Electors used at this Polling Station, of the name ............................................. whose occupation is given as ................................... and whose address is given as ..................................
So Help me God
FORM 21(Section 61(2))
THE ELECTIONS ACT
OATH OF QUALIFICATION
I swear that —
(1) I am a citizen of Saint Lucia;
(2) I have resided in the electoral district of .......................................... for a period of at least 2 months prior to my registration as an elector.
(3) I am not within any of the classes of persons who lack qualification or are disqualified by reason of crime or mental incapacity.
(4) I am not under 18 years of age.
(5) I am not disqualified by any law in force in Saint Lucia relating to offences connected with elections.
(6) I am not the returning officer for this electoral district.
So Help me God
FORM 22(Section 62(2))
THE ELECTIONS ACT
OATH OF AGENT OF A CANDIDATE
I, .......................................................... the undersigned, agent for ............................................. one of the candidates at the election of a member of the House of Assembly held on this day in the ............................................. electoral district do swear that I will keep secret the names of the Candidates for whom any elector voting at this polling station marks his or her ballot paper in my presence at this election.
So Help me God
..................................................
Signature of Agent
Sworn before me at .................... this ................... of ................. 20.........
.......................................................................
Returning Officer for the
.......................................... Electoral District
     or
Justice of the Peace
     or
Presiding Officer for the polling division
No .................................................... of the
........................................ Electoral District
FORM 23(Section 63(8))
THE ELECTIONS ACT
OATH OF PRESIDING OFFICER AFTER CLOSING THE POLL
I, ............................................. the undersigned, presiding officer for polling station no ............ of the ................................... electoral district do swear that to the best of my knowledge and belief this Poll Book kept for the said polling station under my direction has been so kept correctly and that the total number of votes recorded there is ............................................. and that it contains a true and exact record of the votes given at the said polling station as the said votes were taken thereat; that I have faithfully performed all duties required of me by law.
...............................................
Presiding Officer
Sworn before me at ........................................... this ............................... day of ............................... 20............
...............................................
Poll Clerk
(or as the case may be)
FORM 24(Section 63(8))
THE ELECTIONS ACT
OATH OF THE POLL CLERK AFTER CLOSING THE POLL
I, ............................................. the undersigned, Poll Clerk for polling station no .................... of the ..................................... electoral district do swear that this Poll Book for the said polling station kept under the direction of ...................................... who has acted as presiding officer thereat has been so kept by me under his or her direction as aforesaid correctly and to the best of my skill and judgment; that the total number of votes recorded therein is ............................... and that to the best of my knowledge and belief it contains a true and exact record of the votes given at the above-mentioned polling station as the said votes were taken thereat by the said presiding officer and that I have faithfully performed all other duties as Poll Clerk according to law.
...............................................
Poll Clerk
Sworn before me at ............................... this ............................... day of ............................... 20..........
...............................................
Presiding Officer
(or as the case may be)
FORM 25(Section 63(9))
THE ELECTIONS ACT
STATEMENT OF THE POLL AFTER COUNTING THE BALLOTS
...................................... Electoral District.Polling Station No ....
Number of ballot papers received from the returning officer............................
Number of ballot papers cast for............................
" " " " " "............................
" " " " " "............................
" " " " " "............................
" " " " " "............................
" " " " " "............................
Number of rejected ballot papers............................
Total number of ballot papers found in box ................................................
Number of unused ballot papers undetached from the books............................
Number of spoiled ballot papers............................
Total............................
Number of names on official list of electors used at the poll ......................
I hereby certify that the above statement is correct.
Dated at .......................... this ........................... day of ............................... 20........
................................................
Presiding Officer
FORM 26(Section 63(10))
THE ELECTIONS ACT
OATH OF MESSENGER SENT TO COLLECT BALLOT BOXES
I, .................................................... messenger appointed by .......................... returning officer for the ............................... electoral district do swear that the several boxes to the number of ............................... which were used at polling stations nos ............... of this electoral district on polling day now delivered by me to ............................... were handed to me by ............................... that they have not been opened by me or any other person and that they are in the same state as they were in when they came into my possession.
.................................................
Signature
Sworn before me at ..................... this .................... day of ...................... 20...........
.................................................
Returning Officer
(or as the case may be)
FORM 27(Section 68(1)(a))
THE ELECTIONS ACT
RETURN AFTER POLL HAS BEEN TAKEN
I hereby certify that the member for the ............................... electoral district in pursuance of the within Writ as having received the majority of votes lawfully given is ..............................................................................
(Name, address and occupation as stated in nomination paper.)
Dated at ......................... this .......................... day of ............................ 20............
.................................................
Returning Officer
FORM 28 (Section 68(1)(h))
THE ELECTIONS ACT
OATH OF RETURNING OFFICER AFTER FINAL COUNT
I hereby swear that I have received all the ballot boxes ...................... in number for the .............................................. electoral district; that I have personally counted all the votes cast therein for each candidate which number as follows
(Name of candidate)(No. of votes)
......................................................................................................
......................................................................................................
......................................................................................................
......................................................................................................
......................................................................................................
and that I have faithfully performed all duties required of me by law.
........................................................
Returning Officer
Sworn before me at .................... this ................ day of ........................... 20..........
.................................................
Justice of the Peace
(or as the case may be)