Revised Laws of Saint Lucia (2021)

Schedule 4

(Section 45(4))

CHAPTER 1.02
ELECTIONS ACT

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

House of Assembly (Election Petition) Rules – Section 89(2)

(Statutory Instrument 4/1948)

Statutory Instrument 63/2016 .. in force 13 June 2016

ARRANGEMENT OF RULES

The Petition

Security for Costs and Objection thereto

Miscellaneous Matters Affecting the Petition

Trial of the Petition and the Costs thereof

HOUSE OF ASSEMBLY (ELECTION PETITION) RULES – SECTION 89(2)

Commencement [21 February 1948]

1.   Short Title

These Rules may be cited as the House of Assembly (Election Petition) Rules.

2.   Definitions

In these Rules, unless the context otherwise requires, the following expressions shall have the meanings assigned to them—

“Act” means the Elections Act;

“Court” means the High Court;

“Court of Appeal” means the Court of Appeal of the Eastern Caribbean Supreme Court;

“electoral district” means an electoral district as constituted by, and defined under, the Constitution of Saint Lucia;

“judge” means a judge of the Court and includes the Chief Justice, any puisne judge and any acting Chief Justice or acting puisne judge;

“petition” means an election petition presented to the Court under the Elections Act;

“petitioner” means a person who presents a petition to the Court;

“Registrar” means the Registrar of the High Court;

“respondent” means a person against whom a petition is presented to the Court;

“returning officer” means the returning officer for an electoral district appointed by the Governor General under the Elections Act;

“writ” means the writ of election issued by the Governor General for the election of a member to the House of Assembly under the Act.

The Petition

3.   The Petition

1.  

   (1)   A petition shall be in writing and signed by the petitioner.

1.  

   (2)   The following rules shall apply to a petition—

   1.  

      (a)     It shall state the right of the petitioner to petition within section 88 of the Act;

   1.  

      (b)     It shall state the holding and result of the election, and shall briefly state the facts and grounds relied on to sustain the prayer;

   1.  

      (c)     It shall be divided into consecutively numbered paragraphs each of which, as nearly as may be, shall be confined to a distinct portion of the subject;

   1.  

      (d)     It shall conclude with a prayer, as for instance, that some specified person should be declared duly returned or elected, or that the election should be declared void, or that a return may be enforced.

4.   Evidence not to be stated

1.  

   (1)   Evidence shall not be stated in the petition, but the Court or judge may, on summons, order such particulars as may be necessary to prevent surprise and unnecessary expense, and to ensure a fair and effectual trial in the same way as in ordinary proceedings in the Court, and upon such terms as to costs and otherwise as may be ordered.

1.  

   (2)   In any case in which the Court or a judge orders that particulars of any allegation made in a petition be delivered to the respondent, it or he or she may fix the time within which such particulars shall be delivered and may also order that the petitioner at the trial of the petition may be precluded from going into any case in respect of which such particulars have not been duly delivered, unless it is otherwise ordered.

5.   Petitioner to give address for service

The petitioner shall in his or her petition give the name and address of an attorney-at-law whom he or she authorises to act on his or her behalf, or state that he or she acts for himself or herself, and in either case give an address for service within one mile of the office of the Registrar.

6.   How presented

1.  

   (1)   The presentation of a petition shall be made by delivering it to the Registrar.

1.  

   (2)   A petition shall be presented within 21 days after the writ relating to the member whose return or election is complained of has been returned to the Governor General in accordance with section 89 of the Act.

1.  

   However—

   1.  

      (a)     if the petition complains of the return or election on the ground of a corrupt practice, and specifically alleges a payment of money or some other act to have been made or done by the member, or on his or her account or with his or her privity since the return of the writ in pursuance or furtherance of that corrupt practice, the petition, so far as respects that corrupt practice, shall be presented within 28 days after the date of such payment or act;

   1.  

      (b)     if the petition complains of the return or the election on the ground of an illegal practice, and specifically alleges a payment of money or some other act to have been made or done by the member on his or her account or with his or her privity since the return of the writ in pursuance or in furtherance of that illegal practice, the petition, so far as respects that illegal practice, shall be presented within 28 days after the date of such payment or act.

7.   Publication of petition

1.  

   (1)   On presentation of the petition, the Registrar shall cause the same to be inserted in the Gazette and in a newspaper published in Saint Lucia.

1.  

   (2)   The costs of publication of the petition and of any other matter required to be published by the Registrar under these Rules shall be paid to the Registrar by the petitioner or other person moving in the matter in the first instance before such publication, and shall form part of the general costs of the petition.

8.   Service of petition

1.  

   (1)   A petition shall be served upon the respondent by delivering a notice of the presentation of the petition together with a copy thereof to him or her personally within 10 days after the presentation of the petition, but a judge may, on the application of the petitioner made by summons not later than 14 days after the petition is presented and supported by affidavit showing what has been done, on being satisfied that all reasonable effort has been made to effect personal service and cause the matter to come to the knowledge of the respondent, order that what has been done shall be considered sufficient service, subject to any conditions which he or she may think fit to impose.

1.  

   (2)   In case of evasion of service the posting of a notice in the office of the Registrar that the petition has been presented, stating the petitioner, the prayer and the nature of the proposed security, shall be deemed equivalent to personal service, if so ordered, by the judge.

1.  

   (3)   A respondent shall, within 10 days after service on him or her of notice of the petition, lodge with the Registrar and serve on the petitioner a statement of the facts required by rule 5 of these Rules to be stated by a petitioner in the petition, and he or she shall state the said facts in any summons taken out by him or her for the purpose of objecting to the security given by the petitioner or otherwise.

Security for Costs and Objection thereto

9.   Security for costs

1.  

   (1)   When making the presentation of the petition, or within 3 days thereafter, the petitioner shall give security in the sum of $480 for the payment of all costs, charges and expenses that may become payable by him or her to any party to the proceedings or to any person summoned as a witness on his or her behalf.

1.  

   (2)   The security may be given wholly or partly by deposit of money with the Director of Finance and Planning or by delivering to the Registrar a recognizance taken and acknowledged by the petitioner and by any number of sureties not exceeding 3 before a justice of the peace or other person authorised to administer oaths in favour of Our Sovereign Lord The King.

1.  

   (3)   Within 3 days after the giving of security as required by this rule, notice of the nature of the security given shall be served by the petitioner on the respondent.

1.  

   (4)   When the security is given wholly or partly by recognizance, it shall be lawful for the respondent within 10 days from the date of service on him or her of the notice to object to the recognizance on the ground that one or more of the sureties is insufficient, or that a surety is dead, or that he or she cannot be found or ascertained for want of sufficient description in the recognizance, or that a person named in the recognizance has not duly acknowledged the same.

1.  

   (5)   Any objection to the security shall be made by summons before a judge supported by affidavit of the facts relied on, but the judge may require evidence of witnesses on personal examination, if he or she thinks fit so to require.

1.  

   (6)   The summons shall be made upon not less than 4 days notice to the petitioner and the costs thereof shall be in the discretion of the judge who may decide which party shall pay them.

1.  

   (7)   The costs of hearing and deciding any objection upon the ground of insufficiency of a surety or sureties shall be paid by the petitioner, unless at the time of leaving the recognizance with the Registrar there be also left with him or her an affidavit sworn by each surety before a justice of the peace, or other person duly authorised to administer oaths, that he or she is possessed of immovable property of the value of double the amount for which he or she is bound by the recognizance, after satisfying all other debts and liabilities due to other persons.

10.   Removal of objection where security declared insufficient

1.  

   (1)   If by order made upon such summons the security be declared insufficient and the objection is allowed, it shall be lawful for the petitioner, within such time not exceeding 10 days as may be ordered by the judge before whom the summons is heard, to remove the objection by a deposit with the Director of Finance and Planning of such sum of money as the judge may direct for the purpose of making the security sufficient.

1.  

   (2)   If the petitioner does not remove the objection by deposit of the sum of money so directed to be deposited within the period fixed by the order of the judge, no further proceedings shall be taken on the petition which shall thereafter stand dismissed.

11.   When petition at issue

If by order made upon such summons the security be declared sufficient, or if no objection is made to the sufficiency of the security within the time limited by these Rules for making objection thereto, the petition shall be at issue.

12.   Amendment of petition

A petition which has been presented questioning a return or election other than upon an allegation of a corrupt practice or an illegal practice may, for the purpose of questioning the return or election upon an allegation of a corrupt practice or an illegal practice, be amended with the leave of the Court to be applied for on summons in the time within which a petition questioning the return upon the allegation of that corrupt practice or illegal practice can be presented under rule 6(2)(a) and 6(2)(b) of these Rules.

13.   Withdrawal of petition

1.  

   (1)   A petition shall not be withdrawn without the leave of the Court or a judge upon application made by summons.

1.  

   (2)   No such application shall be made for the withdrawal of a petition until the petitioner has given notice of his or her intention to the Registrar and the respondent, and the Registrar shall cause the same to be inserted in the Gazette and a newspaper published in Saint Lucia.

1.  

   (3)   Where there are more petitioners than one no application to withdraw a petition shall be made except with the consent of all the petitioners.

1.  

   (4)   Before leave for the withdrawal of a petition is granted, there shall be produced affidavits by the parties to the petition and their Attorneys-at-law, and by the election agents of the parties who were candidates at the election to the effect stated in the next succeeding paragraph of this rule, but the Court may on cause shown dispense with the affidavit of any particular person if on special grounds it appears to the Court just so to do.

1.  

   (5)   Each affidavit shall state that to the best of the deponent's knowledge and belief, no agreement or terms of any kind whatsoever has or have been made, and no undertaking has been entered into, in relation to the withdrawal of the petition; but if any lawful agreement has been made with respect to the withdrawal of the petition the affidavit shall set forth that agreement, and shall make the foregoing statement subject to what appears from the affidavit.

1.  

   (6)   The affidavits of the applicant and his or her attorney-at-law shall further state the ground on which the petition is sought to be withdrawn.

1.  

   (7)   It is not lawful for any person to make any agreement or terms, or to enter into any undertaking, in relation to or for the withdrawal of a petition in consideration of any payment, or in consideration that the seat shall at any time be vacated, or in consideration of the withdrawal of any other petition, and every person acting in contravention of this provision is liable on conviction to a fine not exceeding $48.

1.  

   (8)   Any person who might have been a petitioner in respect of the election to which the petition relates may, within 5 days after the publication by the Registrar of a copy of the notice of application for leave to withdraw the petition, apply to the Court or a judge to be substituted as a petitioner for the petitioner so desirous of withdrawing the petition, and the Court or judge may at the hearing of the application, if it or he or she thinks fit, substitute as a petitioner any such applicant.

1.  

   (9)   Where in the opinion of the Court or a judge the proposed withdrawal of a petition is induced by any corrupt bargain or consideration or is the result of any agreement, terms or undertaking prohibited by this rule, it or he or she may by order direct that the security given on behalf of the original petitioner shall remain as security for any costs that may be incurred by the substituted petitioner.

1.  

   (10)   If no such order is made with respect to the security given on behalf of the original petitioner, security to the same amount as would be required in the case of an original petitioner, and subject to the like conditions, shall be given on behalf of the substituted petitioner within 5 days after the order of substitution and before he or she takes any step in the proceedings.

1.  

   (11)   Subject as aforesaid, a substituted petitioner shall stand in the same position, as nearly as may be, and be subject to the same liabilities as the original petitioner.

1.  

   (12)   If a petition is withdrawn the petitioner is liable to pay the costs of the respondent.

Miscellaneous Matters Affecting the Petition

14.   Abatement of petition

1.  

   (1)   A petition is abated by the death of a sole petitioner or the survivor of several petitioners.

1.  

   (2)   The abatement of a petition shall not affect the liability of the petitioner's legal personal representative to pay the costs previously incurred.

1.  

   (3)   On the abatement of a petition notice of such abatement shall be given by any party or person interested in the petition to the Registrar who shall cause the same to be inserted in the Gazette and in a newspaper published in Saint Lucia.

1.  

   (4)   Within one month after publication of the notice any person who might have been a petitioner in respect of the election to which the petition relates may apply by summons to the Court or a judge to be substituted as a petitioner.

1.  

   (5)   The Court or a judge may, if it or he or she thinks fit, substitute as a petitioner any such applicant on whose behalf security to the same amount as is required in the case of an original petition is given, and such security shall be subject to the same objection as the security given in an original petition.

15.   Admission in certain cases of voters to be respondent

1.  

   (1)   If before the trial of a petition either of the following events happens, that is to say—

   1.  

      (a)     the respondent dies; or

   1.  

      (b)     the respondent gives notice to the Registrar and to the petitioner that he or she does not intend to oppose the petition,

1.  

   then, in the first case, any person entitled to be a petitioner in respect of the election to which the petition relates may, and in the second case the Registrar shall, give notice by publication in the Gazette, and in a newspaper published in Saint Lucia of such event having taken place, and within 21 days after publication of the notice in the Gazette, any such person may apply by summons to the Court or a judge to be admitted as a respondent to oppose the petition, and such person shall be admitted accordingly either with the respondent, if there be a respondent, or in place of the respondent.

1.  

   (2)   Any number of such persons not exceeding 3 may be so admitted.

16.   Respondent not opposing not to appear as party

A respondent who has given the prescribed notice that he or she does not intend to oppose the petition shall not appear or act as a party against such petition in any proceedings thereon.

17.   Several petitions as to the same election

Where more petitions than one relating to the same election or return are presented, all such petitions shall be dealt with as one petition, in such manner and on such terms as a judge may direct.

18.   Notice of recrimination when petition complains of undue return and claims seat

1.  

   (1)   When a petition complains of an undue return and claims the seat for some person other than the person returned, it shall be lawful for the respondent, within 10 days after the service of the notice of the petition as aforesaid, to give notice in writing to the petitioner that he or she intends to complain of the election of the person on whose behalf the seat is claimed undue.

1.  

   (2)   The grounds on which a respondent intends to complain of the election of a person on whose behalf the seat is claimed undue shall be set out in the notice and the rules applicable to a petition and the particulars of charges made therein shall apply to every such notice.

19.   Returning officer if complained of to be respondent

Where a petition complains of the conduct of a returning officer, such returning officer shall for the purposes of these Rules, except the substitution of respondents in his or her place, be deemed to be a respondent.

20.   Petition complaining of no return

A petition complaining of no return may be presented to the Court, and shall be deemed to be an election petition, and the Court may make such order thereon as it thinks expedient for compelling a return to be made, or may allow such petition to be heard by the judge in manner herein provided with regard to petitions.

Trial of the Petition and the Costs thereof

21.   Mode of trial of petitions

The following provisions shall apply to the trial of a petition—

1.  

   (1)   the trial shall take place at such time as the judge may appoint, not being less than 7 days after notice of trial has been given to the parties and published in the Gazette and in a newspaper published in Saint Lucia;

1.  

   (2)   the judge may adjourn the trial from time to time, but the trial of every petition so far as practicable, consistently with the interests of justice in respect of such trial, shall be continued de die in diem on lawful days until its conclusion;

1.  

   (3)   the judge may make a special report to the Governor General upon any matter arising in the course of the trial, an account of which in his or her judgment ought to be submitted;

1.  

   (4)   where it appears to the Court or a judge, on application by summons of either party or without such application, that the case raised by the petition can be conveniently stated as a special case, it or he or she may direct the same to be stated by the petitioner and the respondent accordingly, and any such special case shall, as far as may be, be heard before the Court, and the decision of the Court thereon shall be the decision on the petition;

1.  

   (5)   in case of the petitioner and the respondent differing on the stating of the special case, the Court or a judge may refer the same to some qualified person to be settled;

1.  

   (6)   the Court shall certify to the Governor General its determination in reference to such special case.

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

If it appears to the judge on the hearing of any election petition or any special case that any question of law requires further consideration by the Court of Appeal, it shall be lawful for the judge to postpone the hearing or the granting of any certificate to the Governor General until the determination of such question by the Court of Appeal and for this purpose to reserve any question of law for the determination of the Court of Appeal.

23.   Evidence of corrupt practice receivable before proof of agency

On the trial of a petition, unless the judge otherwise directs, any charge of a corrupt practice may be gone into, and evidence in relation thereto received, before any proof has been given of agency on the part of any candidate in respect of such corrupt practice.

24.   Expenses of witnesses

1.  

   (1)   The reasonable expenses incurred by any person in appearing to give evidence at the trial of a petition, if allowed to such person by order of the judge, shall be payable in the first instance by the party who summonses or calls him or her and the amount thereof shall be ascertained and certified by the Registrar. Such expenses may be included in the costs of the petition and shall be paid by the party directed to pay those costs.

1.  

   (2)   The expenses of a witness called and examined by the judge shall be deemed to be costs of the petition and shall be paid as directed by the order of the judge.

25.   General costs of petition

1.  

   (1)   All costs, charges and expenses of and incidental to the presentation of a petition, or of any proceedings consequent thereon shall be in the discretion of the Court or judge and shall be defrayed by the parties to the petition in such manner and in such proportions as the Court or judge may determine, regard being had to the disallowance of any costs, charges or expenses which may, in the opinion of the Court or judge, have been caused by vexatious conduct, unfounded allegations, or unfounded objections on the part of either the petitioner or the respondent, and regard also being had to the discouragement of any needless expense by throwing the burden of defraying the same on the parties by whom it has been caused, whether such parties are or are not on the whole successful.

1.  

   (2)   The amount of such costs may be fixed by the Court or judge or may be directed to be taxed, and in the latter case they shall be taxed by the Registrar in accordance with scale of fees and disbursements contained in Schedule 1 to these Rules and paid by the party ordered to pay the same.

1.  

   (3)   Where the petitioner is ordered to pay any such costs and he or she fails to pay the same within 14 days from the date of the order of the court or judge, the Director of Finance and Planning shall pay such costs out of any money deposited with him or her as security under these Rules and execution may be issued against the petitioner and the sureties jointly and severally for any balance not covered by the deposit, or where security has been given by recognizance, the Registrar shall, upon an affidavit of the respondent stating the amount of the costs directed to be paid by the petitioner and that neither the petitioner nor any of the sureties has paid them within 14 days after the order to pay the same, certify such recognizance to be forfeited and execution shall issue out of the Court thereupon for the recovery of the amount of the costs ordered to be paid against the petitioner and the sureties jointly and severally to the extent of the amount for which they are bound by the recognizance, the petitioner however being always liable to pay the full amount of the costs.

1.  

   (4)   If the security given by the petitioner be in the form of money deposited with the Director of Finance and Planning, the petitioner shall be entitled to a refund of any portion thereof exceeding the amount of the costs ordered to be paid by him or her.

1.  

   (5)   If a respondent who is ordered to pay any costs to the petitioner fails to do so within 14 days from the date of the order directing such payment, execution shall be issued out of the Court for the recovery of the amount of such costs.

1.  

   (6)   Execution shall be levied in accordance with the law governing executions in civil actions in the Court.

26.   Forms and matters not provided for

1.  

   (1)   In proceedings regulated by these Rules the forms contained in Schedule 2, or forms to the like effect, shall be used as the documents described by the headings thereof.

1.  

   (2)   In any matter not provided for by these Rules the practice and procedure of the Court in a civil action shall apply and have effect and the judge may in any such case direct what the procedure shall be.

27.   Interpretation Act applied

The Interpretation Act applies for the purpose of the interpretation of these Rules in like manner as it applies for the purpose of interpreting an Act.

Schedule 1

(Rule 25(2))

PART 1
DISBURSEMENTS PAYABLE IN THE REGISTRY

PART 2
COUNSEL'S FEES COSTS AND WITNESSES EXPENSES

The rules and regulations of the Court governing the fees of counsel and remuneration of witnesses in a civil action shall, as far as may be practicable, apply to the costs of a petition and proceedings consequent thereon.

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)

Statutory Instrument 32/1978 .. in force 16 August 1978

Amended by S.I. 41/1978 .. in force 29 August 1978

Amended by S.I. 30/1980 .. in force 28 June 1979

Amended by S.I. 15/1982 .. in force 1 August 1981

Amended by S.I. 87/1995 .. in force 30 December 1995

Amended by S.I. 135/2001 .. in force 24 November 2001

Amended by Act 5 of 2004 .. in force 24 May 2004

Amended by S.I. 156/2005 .. in force 14 November 2005

Amended by S.I. 155/2006 .. in force 4 September 2006

Amended by S.I. 173/2006 .. in force 27 November 2006

Amended by S.I. 83/2011 .. in force 22 August 2011

Amended by S.I. 84/2011 .. in force 22 August 2011

Amended by S.I. 82/2015 .. in force 1 July 2015

Amended by S.I. 116/2015 .. in force 15 December 2015

Amended by S.I. 108/2021 .. in force 7 July 2021

ARRANGEMENT OF REGULATIONS

PART 1
REGISTRATION

PART 2
GENERAL

ELECTIONS REGULATIONS – SECTIONS 94 AND 95

Commencement [16 August 1978]

1.   Citation

These Regulations may be cited as the Elections Regulations.

2.   Interpretation

In these Regulations unless the context otherwise requires —

“Act” means the Elections Act;

“christian name” includes a first or forename;

“list” means a preliminary list, a supplementary list or a revised list prepared under the Act;

“Master Registration Card” means the original of a registration record card;

“Minister” means the Minister responsible for matters relating to the election of members of the House of Assembly as provided by section 62 of the Constitution of Saint Lucia;

“Polling Station Card” means the duplicate of a registration record card;

“registration officer” includes an assistant registration officer;

“Registration Record Card” means the record of registration of a person registered under these Regulations;

“Schedule” means the Schedule to these Regulations.

PART 1
REGISTRATION

3.   Registration Offices

On such dates as the Minister shall direct in writing the Chief Registration Officer shall cause to be established for each electoral district a registration office together with such registration centres as he or she considers necessary which shall be under the control and direction of the registration officer for the electoral district.

4.   Oath of Registration Officer

Every registration officer shall, on his or her appointment, take and subscribe an oath in the form set out as Form 1 in the Schedule and shall transmit such oath to the Chief Registration Officer.

5.   Registration Officer's functions

1.  

   (1)   Every registration officer shall immediately after his or her appointment affix at his or her office and on 2 public buildings in each polling division in the electoral district to which he or she has been appointed or if there are no public buildings in that district, on 2 other buildings, having first obtained permission from the occupants, a copy of the registration notice in the form set out as Form 2 in the Schedule.

1.  

   (2)   The registration officer shall use the registration office and centres for the registration of electors under the Act and shall be assisted in the performance of his or her duties by such number of enumerators and photographers as the Chief Registration Officer shall assign to him or her.

1.  

   (3)   The registration office and centres referred to in sub-regulation (1) shall be open during such times as shall be fixed by the Chief Registration Officer who shall cause to be published in the Gazette and one newspaper circulating in the State the location of such office and centres and the time when they shall be open.

6.   Registration Officer to be supplied with Registration Documents

The Chief Registration Officer shall supply each registration officer with —

1.  

   (a)     a sufficient number of registration record cards and identification cards;

1.  

   (b)     such number of registration record inventory forms which shall be in duplicate in the form as set out as Form 3 in the Schedule, sufficient for entries to be made in respect of every registration record card supplied;

1.  

   (c)     a sufficient number of “extract of master registration cards” commensurate with the number of registration record cards supplied;

1.  

   (d)     such other documents and materials as may be necessary to enable the registration officer to perform his or her functions under these Regulations.

7.   Oath of Enumerator

Every enumerator shall on his or her appointment take an oath in the form set out as Form 4 in the Schedule and deliver such oath to the registration officer for transmission to the Chief Registration Officer.

8.   Enumerator to be supplied with Registration Documents

1.  

   (1)   The registration officer shall supply each enumerator with such number of registration record cards, identification cards and such other documents and materials as may be necessary to enable the enumerator to perform his or her functions under these Regulations.

1.  

   (2)   Every enumerator shall keep in safe custody all registration record cards, identification cards and other documents supplied to him or her and shall not permit any unauthorised person to have access to any of them.

1.  

   (3)   Where it is necessary for any registration record cards, identification cards and other documents to be kept overnight, they shall be kept in containers provided for the purpose by the Chief Registration Officer and such containers may be kept at any convenient police station.

9.   Documents of Registration

The record of registration of persons registered of a registration centre under these Regulations shall be —

1.  

   (a)     a printed card in duplicate the original of which shall contain the heading “Master Registration Card” and on the duplicate the heading “Polling Station Card” with a registration number and with the particulars set out as Form 5 in the Schedule;

1.  

   (b)     an identification card in the form set out as Form 6 in the Schedule.

1.  

   (Amended by S.I. 41/1978)

10.   Application for Registration

1.  

   (1)   An elector qualified for registration in an electoral district shall tender to the registration officer or enumerator at a registration office or centre for the said electoral district an application for registration in the form set out as Form 7 in the Schedule.

1.  

   (1A)   An application under sub-regulation (1) must be accompanied with —

   1.  

      (a)     in the case of a new registration—

      1.  

         (i)     a birth certificate,

      1.  

         (ii)     a marriage certificate,

      1.  

         (iii)     a certificate of citizenship, registration or naturalization,

      1.  

         (iv)     a national insurance number;

   1.  

      (b)     in the case of a change of name —

      1.  

         (i)     a birth certificate,

      1.  

         (ii)     a marriage certificate,

      1.  

         (iii)     a deed poll,

      1.  

         (iv)     a notarized affidavit or statutory declaration;

   1.  

      (c)     in the case of a replacement of an identification card —

      1.  

         (i)     two passport size photographs,

      1.  

         (ii)     one $5 stamp,

      1.  

         (iii)     a statutory declaration signed by a Justice of the Peace or Notary Royal in the form set out as Form 7A in the Schedule.

1.  

   (Inserted by S.I. 116/2015)

1.  

   (2)   If by reason of illiteracy or physical disability, an applicant is unable to fill out an application form, the registration officer or enumerator shall assist the applicant by entering on his or her behalf the particulars required on the application form and the applicant shall make his or her mark thereon which shall be witnessed by the registration officer or enumerator.

1.  

   (3)   If by reason of physical disability, an applicant is unable to visit a registration office or centre for the electoral district, that applicant may apply for registration at his or her place of residence. (Inserted by S.I. 83/2011)

1.  

   (4)   In subregulation (3), “place of residence” means a dwelling house or an institution. (Inserted by S.I. 83/2011)

11.   Manner of Registration

1.  

   (1)   On receipt of an application for registration the registration officer or enumerator shall inquire from the applicant whether he or she is already a registered elector and if so proceed to complete the requirements for registration of the elector in the manner and form provided under these Regulations.

1.  

   (2)   Where an applicant for registration has not been previously registered the registration officer or enumerator shall obtain from the applicant all the particulars required under these Regulations and if satisfied that the applicant is entitled to be registered as an elector he or she shall record the same in accordance with these Regulations and shall request the applicant to present himself or herself to an official photographer at the registration office or centre.

1.  

   (3)   A photograph taken for the purpose of registering an elector may be —

   1.  

      (a)     with or without negatives;

   1.  

      (b)     in the form known as a Polaroid photograph;

   1.  

      (c)     in colour or black and white.

1.  

   (4)   On receipt of the applicant's photograph from the official photographer, the registration officer or enumerator shall cause the photograph to be affixed in the space provided on the identification card and after entering the particulars required thereon request the applicant to sign his or her name in the space provided on the identification card. If the applicant is unable to sign his or her name, the registration officer shall insert in the said space, the words “finger-printed”. He or she shall then laminate the identification card and issue the same to the applicant as his or her completed identification card.

1.  

   (5)   The signature of the Chief Registration Officer may be impressed upon an identification card by a registration officer or enumerator by means of a stamp.

1.  

   (6)   A copy of the elector's photograph shall also be affixed in the space provided on the “Master Registration Card” and on the “Polling Station Card”.

1.  

   (7)   The registration officer or enumerator shall—

   1.  

      (a)     record in ink on the Master Registration Card and by means of carbon, on the Polling Station Card all the particulars required to be stated thereon;

   1.  

      (b)     require the applicant, unless he or she is unable to do so by reason of illiteracy or physical disability to read the Master Registration Card and sign that card in ink and by means of carbon, the Polling Station Card; and

   1.  

      (c)     himself or herself sign in ink the Master Registration Card and by means of carbon, the Polling Station Card.

12.   Where Applicant Unable to Read or Write

1.  

   (1)   Where a person who is being registered is unable to read or write the registration officer or enumerator shall, subject to sub-regulation (2) read over to him or her the contents of his or her registration record card.

1.  

   (2)   Before reading over the contents of a registration record card, the registration officer shall inform the person who is being registered, that the contents thereof will, should he or she so desire, be read over to him or her in the presence of a witness of his or her own choice there present.

1.  

   (3)   If the person being registered informs the registration officer or enumerator that he or she wishes the said contents to be read over to him or her in the presence of a witness of his or her own choice there present the registration officer or enumerator shall read over the said contents to such person in the presence of such witness as is there and then produced by such person or by the registration officer or enumerator with the consent of such person.

1.  

   (4)   Where a person who is being registered is unable to sign his or her name because of illiteracy or physical disability he or she shall subject to subregulation (5) make a mark or impression in ink on the Master Registration Card and on the Polling Station Card which impression may be made in the following ways—

   1.  

      (a)     with his or her right thumb; or

   1.  

      (b)     with his or her left thumb should he or she not have a right thumb; or

   1.  

      (c)     with any other finger should he or she not have any thumb.

1.  

   (5)   Where such person has no finger on either hand, the Master Registration Record Card and the Polling Station Card may be signed for and on behalf of the applicant by a person of his or her choice there present in the presence of a registration officer or enumerator.

1.  

   (6)   Where an impression is made under subregulation (4) with a finger other than the right thumb the registration officer or enumerator shall make a note of the finger with which it is made upon the Master Record Registration Card and the Polling Station Card of the person who made such impression.

13.   Spoilt and Disallowed Registration Record Card

1.  

   (1)   A registration officer or enumerator on being satisfied that a registration record card cannot conveniently be used or that he or she is unable to complete such card, shall cancel it by writing the word “spoiled” upon the registration record card.

1.  

   (2)   A registration record card that has not been completed because of the disallowance of a registration shall be cancelled by the registration officer or enumerator by marking upon it the word “disallowed”.

1.  

   (3)   When a registration record card has been cancelled under sub-regulation (1) or (2), the registration officer or enumerator shall record such cancellation upon the Inventory form in respect of such registration record card.

14.   Refusal of Application for Registration

Where a registration officer or enumerator is not satisfied that an applicant is qualified to be registered as an elector, he or she shall—

1.  

   (a)     issue to the applicant the original of the notice of refusal in the form set out as Form 8 in the Schedule;

1.  

   (b)     inform the applicant that he or she may appear before the registration officer for the electoral district or the Chief Registration Officer when directed by notice in writing to do so, if he or she wishes to justify his or her claim; and

1.  

   (c)     transmit to the Chief Registration Officer a copy of the notice of refusal issued to the applicant under paragraph (a).

15.   Names of persons refused registration to be sent to Chief Registration Officer

The names of persons whose application for registration have been refused by a registration officer or enumerator shall be listed in a form supplied by the Chief Registration Officer to registration officers and the lists shall be forwarded by the registration officer to the Chief Registration Officer.

16.   Applications Referred by Enumerators to be considered by Registration Officers

1.  

   (1)   The registration officer for an electoral district shall consider all applications for registration as electors made to them by persons in the district who have been previously refused by enumerators.

1.  

   (2)   The registration officer shall give notice to a person who claims that his or her registration has been refused by an enumerator in the form as set out as Form 9 in the Schedule. The notice shall be given by registered post or by hand not less than 2 clear days before the application is to be heard and shall state the time and place at which the application shall be heard.

1.  

   (3)   The applicant shall appear in person at the office of the registration officer.

1.  

   (4)   The registration officer shall permit the applicant and witnesses to be heard, and the registration officer may summon such witnesses and may order the production of such documents which he or she may consider necessary.

1.  

   (5)   The registration officer may require that the evidence given by any person shall be upon oath.

1.  

   (6)   The registration officer shall make a decision on the application confirming or reversing the enumerator's decision.

1.  

   (7)   Where the registration officer has refused an application for registration or has confirmed an enumerator's decision refusing an application for registration, the applicant or the registration officer may refer the matter to the Chief Registration Officer.

1.  

   (8)   The registration officer shall make and keep a record of all evidence taken and all documents produced during the hearing of an application under this regulation and shall transmit to the Chief Registration Officer all records and documents produced together with his or her decision in respect of the application and his or her reasons therefor.

1.  

   (9)   The Chief Registration Officer shall make a decision which shall be final upon any application for registration and may vary or confirm any decision upon an application made by a registration officer.

1.  

   (10)   If the Chief Registration Officer disallows any application for registration he or she shall issue to the applicant a notice of refusal in the form set out as Form 8 in the Schedule and keep a duplicate copy of such notice together with the records and other documents submitted to him or her by the registration officer relative to the application.

17.   Correction of Minor Errors and Omissions and Minor Alterations

1.  

   (1)   A clerical error or omission in a registration record card or any other error caused by the inadvertence of a registration officer or enumerator, may be corrected or inserted either by the enumerator who registered the person or to whom such registration record card relates or if the enumerator is for any reason unavailable for the purpose by the registration officer appointed for the electoral district.

1.  

   (2)   Where the description of the address of a registered person has been altered by lawful authority the Chief Registration Officer shall make the appropriate alterations on the registration record card of such person.

1.  

   (3)   A correction, insertion or alteration, made under this regulation shall be initialled by the enumerator, registration officer or Chief Registration Officer as the case may be.

1.  

   (4)   Where the correction, insertion or alteration is made by a person other than the Chief Registration Officer, such person shall inform the Chief Registration Officer of any correction, insertion or alteration made under this regulation, and the Chief Registration Officer shall, where he or she is so informed, or where he or she as Chief Registration Officer has himself or herself made the change, make or cause to be made the requisite changes in the appropriate registration record card.

18.   Correction as to Date of Birth

1.  

   (1)   Where a person at the time that he or she is seeking registration gives as the date of his or her birth a date which he or she subsequently discovers to be inaccurate, he or she shall notify the Chief Registration Officer who may subject to sub-regulation (2) alter the date on the registration record card relating to such person.

1.  

   (2)   Before an alteration described in sub-regulation (1) is made the Chief Registration Officer shall—

   1.  

      (a)     require a birth certificate with an affidavit attached thereto deposing that the date mentioned in the certificate relates to the birth of the applicant or where a birth certificate is unobtainable an affidavit deposing to the true date of the birth of the applicant;

   1.  

      (b)     check the information supplied on the master registration record card.

1.  

   (3)   Where an affidavit is required under subregulation (2)(a) no fee or stamp duty as required by any enactment providing for the payment of such fee or stamp duty shall be payable therefor.

1.  

   (4)   The Chief Registration Officer shall make or cause to be made the requisite change in the appropriate registration record card relating to such person.

19.   Delivery of Documents by Enumerators to Registration Officer

Every enumerator shall deliver to the registration officer of the electoral district the completed master registration record card, the polling station card, and such other documents and materials which were supplied to him or her for the performance of his or her duties.

20.   Registration Officer to Complete Extracts of Master Registration Record Card

1.  

   (1)   On receipt of the completed master registration record card, polling station cards and other documents and materials the registration officer shall from the information supplied on the master registration record card and Polling Station card make up and complete in triplicate the extract of the Master registration record as supplied to him or her by the Chief Registration Officer in the form of a list of all the persons appearing on the Master registration record card and polling station card.

1.  

   (2)   The registration officer shall retain the triplicate copy of the extract of the Master Registration record card and deliver to the Chief Registration Officer—

   1.  

      (a)     the master registration record card;

   1.  

      (b)     the Polling station card;

   1.  

      (c)     the Registration record Inventory forms;

   1.  

      (d)     the original and duplicate of the extract of the master registration record card;

   1.  

      (e)     all other unused cards, inventory forms, documents, and other materials delivered to him or her by the enumerator;

   1.  

      (f)     two copies of each elector's photograph in the envelope provided for the purpose.

1.  

   (3)   The Chief Registration Officer may retain a document or material specified under this regulation in electronic form.

1.  

   (Inserted by S.I. 108 of 2021)

21.   Form of Content of Lists

1.  

   (1)   Each list of electors shall be formed in separate parts for each polling division within the electoral district to which such list relates.

1.  

   (2)   There shall be assigned to each polling division and to the part of the list which relates to that polling division a separate letter or letters and such letter or letters shall be deemed to form part of an elector's number on that list.

1.  

   (3)   Subject to subregulation (4), the names in each part shall be arranged in alphabetical order which shall be numbered so far as is reasonably practicable consisting of separate series or numbers for each polling division or in such other manner as may be considered expedient.

1.  

   (4)   There shall be inserted opposite to each name in every list the occupation (if any) and address of the person whose name appears therein.

22.   Publication of Lists

The Chief Registration Officer shall publish the list of electors for each electoral district by—

1.  

   (a)     making copies thereof available for inspection at the office of the registration officer for the electoral district; and

1.  

   (b)     making copies thereof available for inspection at any specified public place in the electoral district to which the lists relate;

1.  

   (c)     publishing in at least one daily newspaper notices specifying the places where every list of electors for each electoral district is available for inspection;

1.  

   (d)     causing copies of these notices to be posted in public places in each polling division to which any list relates.

23.   Notice of Claims of Objections

1.  

   (1)   The Chief Registration Officer shall at the time of publishing any preliminary or supplementary list of electors for an electoral district append thereto a notice stating that claims or objections may be made to the inclusion of any person's name in any such list.

1.  

   (2)   The date to be fixed as the last date for the receipt of the claims and objections in respect of the list referred to in subregulation (1) shall not be later than the sixtieth day after publication of the list. (Substituted by S.I. 156/2005 and 155 of 2006)

1.  

   (3)   Claims or objections in respect of any such list shall be made at the office of the registration officer for the electoral district and shall be dealt with in the manner provided under these Regulations.

24.   Time for Making Claims and Objections

A claim or objection in respect of any preliminary or supplementary list of electors which is delivered to the registration officer at any time after the last date for the receipt of such claim or objection shall be disregarded.

25.   Form of Claim or Objection

1.  

   (1)   A claim or objection shall be in the form set out as Form 7 or 10 respectively in the Schedule; shall specify the claim or objection and give full particulars in support thereof.

1.  

   (2)   Claims and objections shall be made available for inspection at the office of the registration officer until their determination as provided under these Regulations.

26.   Entry and Disposal of Claims and Objections

1.  

   (1)   If the registration officer is of the opinion—

   1.  

      (a)     that the particulars given in a claim or objection are insufficient, he or she may ask for further information and take no further action until such information is supplied. However, should such further information not be received by the registration officer by the last date for the receipt of claims and objections specified in the notice referred to in these Regulations no further action need be taken in respect of it;

   1.  

      (b)     that a claim may be allowed without the claim being referred to the Chief Registration Officer, he or she may allow the claim provided that no objection is made thereto, and shall so inform the person making the claim;

   1.  

      (c)     that a claim or objection cannot be allowed because the particulars given in a claim or objection do not entitle the claimant or objector to succeed, he or she shall refer the matter to the Chief Registration Officer and send a notice in the Form set out as Form 11 in the Schedule, in the case of a claim to the person making the claim, and in the case of an objector to the person objected to, stating the time and place at which the Chief Registration Officer proposes to hear the claim or objection; and the notice sent to a person objected to shall also state the name and address of the objector and the grounds of objection.

1.  

   (2)   The time fixed for the hearing of a claim or objection shall not be earlier than the third day after the date of notice referred to in subregulation (1)(c) hereof.

1.  

   (3)   The registration officer shall make lists of claims and objections available for inspection at his or her address until they are finally disposed of, together with the times and places at which the registration officer proposes to hear any claim or objection.

27.   Hearing of Claim or Objection

1.  

   (1)   On the hearing of a claim or objection, the claimant or objector, and the person objected to, and any other person who appears to the registration officer to be interested shall appear and be heard.

1.  

   (2)   The right to appear and be heard includes the right to make written representations.

28.   Chief Registration Officer's decision to be final

A person whose claim for registration has been refused or whose objection to the registration of an elector has been overruled by a registration officer may appeal to the Chief Registration Officer whose decision shall be final.

29.   Correction of Lists

1.  

   (1)   An alteration to any list which is required—

   1.  

      (a)     to carry out the registration officer's decision with respect to any claim or objection;

   1.  

      (b)     to carry out the Chief Registration Officer's decision with respect to any claim or objection;

   1.  

      (c)     to correct any clerical error;

   1.  

      (d)     to correct any misnomer, or inaccurate description of any person, his or her occupation or address,

1.  

   shall be made by the Chief Registration Officer.

1.  

   (2)   Where it appears that it is necessary to make any alteration (other than an alteration under Regulations to any list or register) in order to ensure that no person shall be incorrectly registered or registered more than once in any electoral district or registered when not qualified, the Chief Registration Officer shall send the person affected by the alteration a notice stating the proposed alteration and shall give him or her an opportunity within 7 days from the date of such notice of stating, his or her objection to the alteration and, if necessary of appearing before him or her and of being heard in accordance with these Regulations.

30.   Publication of Registers

The Chief Registration Officer shall publish the register of electors for each electoral district by making copies available for inspection at his or her address and at the address of the registration officer for the electoral district to which it relates and by making copies available for inspection as soon as practicable at specified public places in the electoral district to which it relates.

31.   Chief Registration Officer to furnish copies of Registers

1.  

   (1)   Copies of the Register shall on publication be forwarded by the Chief Registration Officer to the Minister, the Central Library and other public libraries.

1.  

   (2)   The Librarian of the Central Library and the person in charge of a public library shall place the registers in a conspicuous place therein and shall take such action as they think fit for the purpose of preserving the condition of the registers.

32.   Free copies of Register

The Chief Registration Officer shall on request supply without fee such number of copies of any register as are in the opinion of the Chief Registration Officer necessary for each candidate at an election in an electoral district.

33.   Sale of Register

The Chief Registration Officer shall supply to any person copies of any part or parts of the register so long as there are sufficient copies available, allowing for the number which he or she considers may be required for official purposes including the purposes of any election, on payment of a fee of one dollar for each part of the register relating to any polling division.

34.   Revision of Register

1.  

   (1)   For the purpose of the annual revision of the register of electors for each electoral district the Chief Registration Officer shall not later than 30 April and 31 October, publish for each electoral district a biannual supplementary list containing—

   1.  

      (a)     the names of all persons who have been registered as electors in each electoral district since the publication of the last register or last biannual revised list of electors;

   1.  

      (b)     the names of all electors who because of a change of address have applied in the prescribed form for an alteration in registration either from one electoral district to another or within an electoral district.

1.  

   (2)   The Chief Registration Officer shall after allowing such time as shall be prescribed for claims or objections to the inclusion of any name on any biannual supplementary list make all necessary corrections therein in accordance with the Act and shall not later than the 30th of June and the 31st of December publish such list as the biannual revised list for each electoral district.

1.  

   (3)   Not later than 31 January in each subsequent year, the Chief Registration Officer shall cause to be revised the register of electors for each electoral district by—

   1.  

      (a)     adding therein the names of all persons whose names have been published as electors during the preceding year on a biannual revised list of electors;

   1.  

      (b)     deleting therefrom the names of all persons who have ceased to be entitled to registration as electors;

   1.  

      (c)     making such other alterations in the Register as are provided under the Act.

1.  

   (4)   Not later than 31 March in each subsequent year, the Chief Registration Officer shall—

   1.  

      (a)     publish the register of electors for each electoral district as revised under this regulation;

   1.  

      (b)     cause the register of police electors for each electoral district to be revised by—

      1.  

         (i)     adding therein the names of every police elector qualified for registration since the preparation of the last register of police electors;

      1.  

         (ii)     deleting therefrom the names of all police electors who have ceased to be so qualified.

35.   Change of Place

1.  

   (1)   A person whose name appears on any list or register of electors and who has changed his or her place of residence from one polling division to another polling division in the same electoral district or from one address to another in the same polling division shall give notice to the Chief Registration Officer of such change in the form set out as Form 12 in the Schedule.

1.  

   (2)   Upon receipt of the notice mentioned in subregulation (1), the Chief Registration Officer shall, if he or she is satisfied as to the identity of the person giving the notice and as to the correctness of the other particulars contained therein make or cause to be made such correction in the registration record card of such person.

1.  

   (3)   When a person has given notice under subregulation (1) and the Chief Registration Officer is not satisfied as to the matters mentioned in subregulation (2), he or she shall make or cause an enquiry to be made in connection therewith and if after such enquiry he or she is then satisfied he or she shall make or cause to be made such corrections on the registration record card of such person; otherwise no correction shall be made.

1.  

   (4)   The Chief Registration Officer shall after causing a registration card to be corrected in accordance with sub-regulation (2) or (3) shall—

   1.  

      (a)     where the person has changed his or her address from one polling division to another polling division in the same electoral district transfer or cause to be transferred the registration record card of such person to the file stack where the other registration record cards of electors who reside in the same polling division in which such person resides are kept;

   1.  

      (b)     make the necessary change of address in the appropriate list or register according to the time when the notice was received and the list or register in which the change is to be published.

36.   Change of Residence from one Electoral District to Another

Where a person whose name appears on any list or register of electors changes his or her residence from one electoral district to another electoral district he or she shall notify the Chief Registration Officer in writing in the form set out as Form 12 in the Schedule and if the Chief Registration Officer is satisfied that the person is ordinarily resident in that other electoral district—

1.  

   (a)     correct or cause the registration record to be corrected to show the new address and insert the date of the change of address on the corrected registration record card as an amendment to the date originally recorded on the registration record card of such person;

1.  

   (b)     transfer or cause to be transferred the registration record card of such person to the file stack where the other registration record cards of electors who reside in that other electoral district are kept;

1.  

   (c)     make the necessary change of address in the appropriate list or register according to the time in which the notice was received and the list or register in which the change is to be published.

37.   Change of Name

1.  

   (1)   Where a person whose name appears on any list or register of electors changes his or her name he or she shall—

   1.  

      (a)     give notice to the Chief Registration Officer in the form set out as Form 13 in the Schedule;

   1.  

      (b)     produce to the Chief Registration Officer satisfactory evidence of such change.

1.  

   (2)   If the Chief Registration Officer is not satisfied as to the identity of the person giving the notice or his or her change of name he or she shall enquire or cause an enquiry to be made in connection therewith.

1.  

   (3)   If upon receipt of the notice under sub-regulation (1) or after the enquiry made under subregulation (2) the Chief Registration Officer is satisfied as to the identity of such person and his or her change of name, he or she shall register or cause such person to be re-registered in the manner set out in these Regulations for the registration of persons qualified to be registered.

38.   Re-registration due to constant changes of Residence

Where a registered person has changed his or her place of residence from one polling division to another polling division in the same electoral district or from one electoral district to another electoral district on such number of occasions as to render the registration record card relating to such person incapable of accommodating any further changes, the Chief Registration Officer shall, if he or she is satisfied that no further entries can conveniently be made thereon, after notifying such person, register such person in the manner set out in these Regulations for the registration of persons qualified to be registered.

PART 2
GENERAL

39.   Residence

1.  

   (1)   For the purpose of registration under the Act a person shall be deemed to reside in the polling division in which he or she was ordinarily resident on the qualifying date.

1.  

   (2)   The place of residence of a person shall be that place which he or she has always been, or which he or she has adopted as his or her place of habitation or home to which place when away therefrom, he or she intends to return.

1.  

   (3)   When a person normally sleeps in one place and has his or her meals or is employed in another place, the place of residence is where the person sleeps.

1.  

   (4)   A person's place of residence is where his or her family is; or if he or she is living apart from his or her family, with the intent to remain so apart in another place, the place of residence of such person is such other place.

1.  

   (5)   Temporary absence from a place of residence does not cause a loss or change of residence.

1.  

   (6)   Any person who has more than one place of residence may elect in respect of which place he or she desires to be registered.

1.  

   (7)   A person shall not for the purpose of these Regulations be deemed to be resident in any polling division to which he or she comes for the purpose of engaging temporarily in any employment of a seasonal character.

1.  

   (8)   Subject to this regulation the question as to whether a person is or was resident at any place at any material period shall be determined by reference to all the facts of the case.

40.   Declaration as to Age and Nationality

1.  

   (1)   For the purpose of the discharge of their functions under the Act an enumerator, a registration officer or the Chief Registration Officer may, in relation to a person claiming to be registered or against whose inclusion in any preliminary or revised list an objection has been made, if he or she thinks necessary—

   1.  

      (a)     require that person either to produce a birth certificate or to make a statutory declaration as to the date of his or her birth;

   1.  

      (b)     require that person either to produce a certificate of naturalisation or a document showing that he or she has become a Commonwealth citizen by nature of registration, or to make a statutory declaration that he or she was a Commonwealth citizen on the qualifying date.

1.  

   (2)   Where a declaration is so required no stamp duty as provided by any enactment making provision for the payment of stamp duty shall be payable therein.

41.   Enumeration and Enquiry

1.  

   (1)   Despite regulations 10, 11 and 12 the Chief Registration Officer shall, through enumerators appointed under these Regulations cause a house to house enumeration in each electoral district to be made for the purpose of ensuring that all persons qualified as electors are duly registered.

1.  

   (2)   For the purposes of this regulation an enumerator may be appointed in respect of one or more polling divisions.

1.  

   (3)   Each enumerator shall, for the purpose of registering electors in the polling division in an electoral district to which he or she has been appointed, proceed to ascertain the name, address, occupation and other requisite particulars of every person qualified as an elector for the electoral district to which the polling station relates and for that purpose shall visit every household in that polling division.

1.  

   (4)   An enumerator, after having obtained all the particulars from any person referred to in the preceding subregulation, shall record the same and shall, where he or she is satisfied that that person is qualified to be registered as an elector and has not been registered, issue to him or her a copy of the form set out as Form 15 in the Schedule.

1.  

   (5)   The particulars of an enumeration made under this regulation shall be entered on Form 5 in the Schedule and the name of every elector so enumerated shall be included in the list or register of electors for that electoral district.

1.  

   (6)   An elector to whom a card in the form set out as Form 15 has been issued, shall proceed as soon as is practicable to a registration centre for the polling division to which he or she is attached for the purpose of obtaining an identification card.

1.  

   (7)   Where it appears by an enumeration made under this regulation that an elector registered at a registration centre was registered in an electoral district different from that in which he or she resides, the Chief Registration Officer shall so notify the elector and after giving such elector an opportunity to be heard if he or she so desires and if satisfied that the elector has not been correctly registered as to his or her place of residence, make the appropriate correction in the registration record of that elector.

1.  

   (8)   An enumerator, a registration officer, or the Chief Registration Officer may require any householder or any person occupying any premises to give to such enumerator, registration Officer or the Chief Registration Officer as the case may be such information as lies within the power of such householder or person to give as is required for the purpose of performing his or her duties under these Regulations.

1.  

   (Substituted by S.I. 41/1978 and amended by Act 5 of 2004)

42.   Interpreter

1.  

   (1)   Wherever an enumerator, a registration officer or the Chief Registration Officer in the performance of his or her duties under these Regulations does not understand the language spoken by any person he or she shall appoint an interpreter who shall be the means of communication between an enumerator, a registration officer or the Chief Registration Officer as the case may be, and such person.

1.  

   (2)   An interpreter appointed under this regulation shall take an oath in the form set out as Form 14 in the Schedule.

43.   District Registrar to Supply Lists of Deaths

1.  

   (1)   Every District Registrar shall, between the first and tenth days of each month, transmit to the Chief Registration Officer a list stating the names, addresses and occupation of persons of 18 years of age or over, whose death have occurred during the preceding month.

1.  

   (2)   For the purpose of this regulation a District Registrar means any person whose duty it is to record or report any death under the Civil Status Act.

44.   Disposal of Incompleted Documents

1.  

   (1)   All registration record cards which have been used but have not been completed and all registration record inventory forms, delivered by registration officers to the Chief Registration Officer shall be kept by him or her for a period of not less than one year.

1.  

   (2)   The Chief Registration Officer shall, after the period referred to in subregulation (1) has elapsed, destroy such registration record cards and keep a record of the numbers of such cards destroyed.

45.   Partial or Total Loss of Registration Record Cards

1.  

   (1)   If the completed registration card of an elector is lost, mutilated, defaced or destroyed such elector shall be required to register anew.

1.  

   (2)   If only one copy of the registration record card of any elector is lost, mutilated, defaced or destroyed the Chief Registration Officer shall prepare a photostatic copy thereof from the remaining copy and that copy shall be deemed to replace the lost, mutilated, defaced or destroyed copy.

1.  

   (3)   The Chief Registration Officer shall make and sign a certificate on the photostatic copy to the effect that it is a true and correct reproduction.

46.   Remuneration of Election Officers

1.  

   (1)   (Deleted by S.I. 108 of 2021)

1.  

   However, the above salaries are to be paid only when the officer is engaged full time in the post. Where the officer is required to discharge the duties of his or her substantive office in addition to the duties of Chief Elections Officer, he or she shall be paid 50% of the aforesaid salary.

1.  

   (2)   The Electoral Commission may appoint a suitable person as Assistant Chief Elections Officer from time to time to assist the Chief Elections Officer in the discharge of his or her functions under the Elections Act and relevant statutory rules and regulations. Such person shall be paid at a rate to be determined by the Commission.

1.  

   (3)   The remuneration indicated in this subregulation shall be paid to the following officers for their services in connection with the registration of voters or the holding of an election—

   1.  

      (a)     Registration officer

      1.  

         (i)     $500 per week for the period of duty within the electoral district to which he or she is appointed, when an official photographer is in attendance at the Registration Centre, or (Amended by S.I. 108 of 2021)

      1.  

         (ii)     $250 per week during any period other than the period referred to in subparagraph (i); (Amended by S.I. 108 of 2021)

      1.  

         (Substituted by S.I.156/2005)

   1.  

      (b)     Assistant Registration Officer:

      1.  

         (i)     $250 per week for the period of duty at a registration centre when an official photographer is in attendance, (Amended by S.I. 108 of 2021)

      1.  

         (ii)     $150 per week at any other time; (Amended by S.I. 108 of 2021)

   1.  

      (c)     any Returning Officer of an electoral district where the election was contested: $3,000; (Substituted by S.I. 83/2011 and amended by S.I. 108 of 2021)

   1.  

      (d)     any Returning Officer of an electoral district where the election was uncontested: $1,500; (Amended by S.I. 108 of 2021)

   1.  

      (e)     any Election Clerk of an electoral district where the election was contested: $1,500; (Substituted by S.I. 83/2011 and amended by S.I. 108 of 2021)

   1.  

      (f)     any Election Clerk of an electoral district where the election was uncontested: $875; (Amended by S.I. 108 of 2021)

   1.  

      (g)     any Assistant Election Clerk of an electoral district where the election was contested: $1,000; (Amended by S.I. 83/2011 and S.I. 108 of 2021)

   1.  

      (h)     any Assistant Election Clerk of an electoral district where the election was uncontested: $565; (Amended by S.I. 108 of 2021)

   1.  

      (i)     any Presiding Officer: $875; (Amended by S.I. 83/2011 and S.I. 108 of 2021)

   1.  

      (j)     any Poll Clerk: $685; (Amended by S.I. 83/2011 and S.I. 108 of 2021)

   1.  

      (k)     any Assistant Poll Clerk: $450; (Amended by S.I. 83/2011 and S.I. 108 of 2021)

   1.  

      (l)     (Substituted by S.I. 156/2005 and S.I. 82/2015 and deleted by S.I. 108 of 2021)

   1.  

      (m)     (Deleted by S.I. 108 of 2021)

   1.  

      (n)     (Deleted by S.I. 108 of 2021)

   1.  

      (o)     (Deleted by S.I. 108 of 2021)

   1.  

      (p)     Registration Centre staff $75 per day together with a subsistence and relocation allowance at an approved rate when engaged in areas away from station; (Amended by S.I. 108 of 2021)

   1.  

      (q)     (Deleted by S.I. 108 of 2021)

1.  

   (Inserted by S.I. 87/1995 and amended by S.I.135/2001, 156/2005 and 173/2006 )

1.  

   (4)   The rates specified in subregulation (3) shall not apply to persons already employed at the Elections Office. (Inserted by S.I. 87/1995)

1.  

   (5)   The Chief Elections Officer shall be paid a duty allowance not exceeding $100 per day when in attendance in office on any Saturday, Sunday or public holiday; and any Assistant Chief Elections Officer shall be paid for similar attendance a duty allowance not exceeding $50 per day. (Substituted by S.I. 15/1982 and amended by S.I. 108 of 2021)

47.   Travelling Allowance

An election officer who is required to travel on election duty, irrespective of the fact that he or she is in receipt of a basic travelling allowance, shall be paid a mileage at an approved Public Service rate. (Substituted by S.I. 15/1982)

48.   Allowance to Election Officers Receiving Instructions

1.  

   (1)   An election officer who travels for the purpose of receiving instructions either from the Chief Elections Officer or from a returning officer shall be paid an allowance at the following rates—

   1.  

      (a)     $20 — within a 5 mile radius of the place where instructions are received;

   1.  

      (b)     $25 — outside the 5 mile radius and up to 15 miles from the place where instructions are received;

   1.  

      (c)     $30 — outside the 15 mile radius of the place where instructions are received;

   1.  

      (d)     $70 — where instructions are received from the Chief Elections Officer or the Returning Officer for each instruction session received. (Substituted by S.I. 82/2015 and amended by S.I. 108 of 2021)

1.  

   (2)   A returning officer shall not give instructions on more than one occasion without having first obtained the approval of the Chief Elections Officer.

1.  

   (Substituted by S.I. 15/1982 and amended by S.I. 173/2006)

49.   Transcribing Entries to Extract of Registration Sheet

A person appointed to transcribe entries from the Master Registration Card to the Extract of Registration Sheet shall be paid at the rate of $0.20 for each entry. (Amended by S.I. 30/1980)

50.   Typing Lists of Claims and Objections

A typist appointed to type copies of the list of claims and objections shall be paid at the rate of $0.20 for each one typed. (Amended by S.I. 30/1980)

51.   Rental of Registration centre and Polling Station

For each polling station or registration centre rented for polling day or registration of electors there shall be paid a sum not exceeding $500. (Amended by S.I. 15/1982, by 173/2006 and S.I. 108 of 2021)

52.   Statement of Candidature

1.  

   (1)   The expression “political party” hereinafter appearing means any party, members of which contest an election.

1.  

   (2)   Where candidates from the same political party contest an election the Secretary of the Party shall file with the Supervisor of Elections a certified joint statement made by such candidates according to the form prescribed in Appendix I to these Regulations.

53.   (Deleted by S.I. 84/2011)

54.   Sending of Notices

1.  

   (1)   Subject to this Act any notice which is required by this Act to be given to the Chief Registration Officer, or a registration officer shall be in writing and sent by post or delivered to the Chief Registration Officer, or, as the case may be, to the registration officer or to his or her address.

1.  

   (2)   Where the Chief Registration Officer or a registration officer is required by the Act or these Regulations to notify any person, such notification shall be in writing and may be sent by post or delivered to or at the address furnished by that person for the purpose of such notifications, or if there is no such address, to the last known place of abode of that person.

55.   Failure to Publish Document

Any failure to publish a document in accordance with the Act shall not invalidate the document but this provision shall not relieve the person responsible under these Regulations from any penalty for failure so to do.

56.   Misnomers and inaccurate description

A misnomer or an inaccurate description of any person or place in any register, list, list of claims or objections, or in any notice shall not prejudice the operation of that document with respect to that person or place in any register, list, list of claims or objections, in any case where the description of that person or place is such as to be commonly understood.

57.   Offences

1.  

   (1)   A person commits an offence who—

   1.  

      (a)     wilfully fails to give the information as it is in his or her power to give or gives information which he or she knows to be false or does not believe to be true;

   1.  

      (b)     without lawful authority destroys, mutilates, defaces, removes or makes any alteration in—

      1.  

         (i)     an unused, completed, uncompleted or cancelled registration record card,

      1.  

         (ii)     a registration record inventory form,

      1.  

         (iii)     a file of notice of refusal,

      1.  

         (iv)     any other document published under these Regulations;

   1.  

      (c)     assaults, obstructs or in any way interferes with a registration officer, an enumerator or a photographer in the execution of his or her duty under these Regulations;

   1.  

      (d)     having no lawful business to perform under these Regulations remains at a registration centre after having been required by a registration officer or enumerator to depart therefrom;

   1.  

      (e)     registers more than once as an elector for the same electoral district;

   1.  

      (f)     registers as an elector in more than one electoral district;

   1.  

      (g)     incites, aids, counsels or abets any other person to commit any of the offences contained in paragraphs (a) to (f) of this subregulation; or

   1.  

      (h)     on the hearing of an application in respect of any matter under these Regulations make any statement on oath which he or she knows to be false or does not believe to be true.

1.  

   (Amended by S.I. 41/1978)

1.  

   (2)   A person who commits an offence under these Regulations is liable on summary conviction to a fine of $100 or to imprisonment for a period not exceeding 3 months or to both such fine and imprisonment.

Schedule

APPENDIX IIA

Elections (Fees) Regulations – Sections 11 and 94

(Statutory Instrument 8/2004, 11/2005 and 117/2015)

Statutory Instrument 8/2004 .. in force 23 February 2004

Amended by S.I. 11/2005 .. in force 28th February, 2005

Amended by S.I. 117/2015 .. in force 15 December 2015

ARRANGEMENT OF REGULATIONS

ELECTIONS (FEES) REGULATIONS – SECTIONS 11 AND 94

Commencement [23 February 2004]

1.   Citation

These Regulations may be cited as the Elections (Fees) Regulations.

2.   Interpretation

In these Regulations “principal Act” means the Elections Act.

3.   Fees

1.  

   (a)     The fees under section 94(d) of the principal Act for voter identification cards are prescribed in Part 1 of the Schedule.

1.  

   (b)     The fees under section 11 of the principal Act for the issue of composite identification cards are prescribed in Part 2 of the Schedule.

1.  

   (c)     The fees under section 33 of the Elections Regulations for voters list are prescribed in Part 3 of the Schedule.

1.  

   (d)     The fees for providing services under the Act are specified in Part 4 of the Schedule. (Inserted by S.I. 117/2015)

4.   Exemptions

1.  

   (1)   Despite regulation 3(a), the following persons are exempted from the payment of the replacement cost for Identification Cards —

   1.  

      (a)     a person who provides evidence that his or her name appears on the Government's Public Assistance Record;

   1.  

      (b)     a person with a disability who shows evidence or who, in the opinion of the Chief Elections Officer, has a bona fide claim that he or she cannot engage in gainful employment because of the disability;

   1.  

      (c)     a person who is 70 years old or older;

   1.  

      (d)     a person between 60 years to 70 years old may be exempted at the discretion of the Chief Elections Officer;

   1.  

      (e)     a person who provides evidence that his or her Identification Card is defaced, mutilated, lost or destroyed as a result of fire, natural disaster or theft.

1.  

   (2)   The Chief Elections Officer shall produce a list of names of all persons whom he or she has exempted from payment of the fees in regulation 3(a) and shall provide a copy of such list to the Electoral Commission.

(Substituted by S.I. 11/2005)

Schedule

Elections (Enumeration and Scrutineer) Regulations – Section 94

(Statutory Instrument 157/2005)

Statutory Instrument 157/2005 .. in force 14 November 2005

ARRANGEMENT OF REGULATIONS

ELECTIONS (ENUMERATION AND SCRUTINEER) REGULATIONS – SECTION 94

Commencement [14 November 2005]

1.   Citation

These Regulations may be cited as the Elections (Enumeration and Scrutineer) Regulations.

2.   Assignment to polling division

The Chief Elections Officer—

1.  

   (a)     shall assign one or more polling divisions to each enumerator; and

1.  

   (b)     may assign an enumerator as a co-ordinator to co-ordinate the activities of the house-to-house enumeration exercise in one or more electoral districts during house-to-house enumeration exercises.

3.   Enquiry

1.  

   (1)   Subject to subregulation (2), an enumerator shall carry out a house-to-house enquiry in each polling division assigned to him or her under regulation 2.

1.  

   (2)   An enumerator may be accompanied by a scrutineer when carrying out a house-to-house enquiry under subregulation (1).

4.   Identity badge

In conducting a house-to-house enquiry the enumerator and scrutineer shall prominently display his or her identity badge provided to him or her by the Chief Elections Officer.

5.   Notice to scrutineers

Each enumerator shall—

1.  

   (a)     in writing notify the scrutineer when the enumerator proposes to conduct a house-to-house enquiry in any polling division at least 2 days prior to the enquiry; and

1.  

   (b)     keep the scrutineer informed of other notices issued by the enumerator during the course of the enquiry.

6.   Notice of Objection

1.  

   (1)   The scrutineer may in the form prescribed in regulation 25 of the Elections Regulations submit to the Chief Elections Officer an objection to the registration of a person enumerated and shall give reasons for an objection.

1.  

   (2)   The Chief Elections Officer shall on receipt of a notice of objection comply with regulations 26 to 29 of the Elections Regulations.

7.   Certificate of enumeration

1.  

   (1)   Subject to subregulation (2), the enumerator shall issue a certificate of enumeration, in the form prescribed in the schedule, to each elector verified or registered during a house-to-house enquiry.

1.  

   (2)   A certificate of enumeration shall be signed by the enumerator and any scrutineer who observed the house-to-house enquiry.

Schedule

(Regulation 7)

Elections (Identification Cards) Regulations – Section 94

(Statutory Instrument 36/2006)

Statutory Instrument 36/2006 .. in force 15 May 2006

ARRANGEMENT OF REGULATIONS

ELECTIONS (IDENTIFICATION CARDS) REGULATIONS – SECTION 94

Commencement [15 May 2006]

1.   Citation

These Regulations may be cited as the Elections (Identification Cards) Regulations.

2.   Identification cards

Subject to regulations 3 to 7, identification cards pursuant to section 9 of the Elections Act shall be in the form prescribed in the Schedule.

3.   Non-film system

Identification cards may be produced using a fully integrated non-film system based on computerized photo identification system to be used for the photo capture, creation and production of a secure identification card.

4.   Polyvinyl chloride card

An identification card may be produced from polyvinyl chloride or similar material considered appropriate by the Chief Elections Officer.

5.   Electronic signature and finger print

An identification card may carry an electronically produced signature and fingerprint of the card holder and the signature of the Chief Registration Officer.

6.   Machine readable information

An identification card shall carry machine readable informa-tion by using a magnetic stripe and a barcode or both.

7.   Security

An identification card shall carry specific security measures established within the system and on the card to prevent unauthorized use or production of the card.

8.   Validity of identification cards

1.  

   (1)   An identification card issued by the Electoral Department is valid for such period to be determined by the Commission.

1.  

   (2)   The Commission may extend the expiry date of an identification card for any period it considers appropriate.

Schedule

(Regulation 2)

IDENTIFICATION CARD FRONT SIDE

IDENTIFICATION CARD REVERSE SIDE

Elections (Election Petition) Rules – section 89(2)

(Statutory Instrument 63/2016)

Statutory Instrument 63/2016 .. in force 13 June 2016

ARRANGEMENT OF RULES

ELECTIONS (ELECTION PETITION) RULES

Commencement [13 June 2016]

1.   Citation

These Rules may be cited as the Elections (Election Petition) Rules.

2.   Interpretation

In these Rules —

“Act” means the Elections Act;

“Civil Procedure Rules” means the Eastern Caribbean Supreme Court Civil Procedure Rules, 2000;

“corrupt practice” means bribery, treating, undue influence, personation or any other offence defined or recognised as a corrupt practice by the laws of Saint Lucia;

“Court” means the High Court of the Eastern Caribbean Supreme Court established by the Supreme Court Order;

“Court of Appeal” means the Court of Appeal of the Eastern Caribbean Supreme Court established by the Supreme Court Order;

“court office” means the Registry of the High Court;

“election offence” means an offence under Part 6 of the Act;

“election petition” means a complaint of an undue return or undue election of a member of the House of Assembly presented to the High Court under the Act, and of these Rules;

“judge” means a judge of the Court and includes the Chief Justice, any puisne judge and any acting Chief Justice or acting puisne judge;

“petitioner” means a person —

1.  

   (a)     who voted or had a right to vote;

1.  

   (b)     claiming to have had a right to be returned; or

1.  

   (c)     alleging himself or herself to have been a candidate,

1.  

   at an election to which an election petition relates and who presents that election petition to the High Court under these Rules;

“Registrar” means the Registrar of the High Court;

“respondent” means a person against whom an election petition is presented to the High Court;

“returning officer” means the returning officer appointed by the Commission under section 29 of the Act for the electoral district to which the election petition relates.

3.   Presentation of election petition

1.  

   (1)   Proceedings under these Rules shall be commenced by way of an election petition.

1.  

   (2)   An election petition shall be presented in accordance with sections 88 and 89 of the Act.

1.  

   (3)   The petitioner shall file the original and three copies of the election petition at the court office.

1.  

   (4)   The Registrar, his or her deputy, or a clerk of the Court shall issue a receipt to the petitioner upon the filing of an election petition.

4.   Form of election petition

An election petition as set out in Form 1 of the Schedule shall —

1.  

   (a)     be signed by the petitioner or by all the petitioners if more than one;

1.  

   (b)     state the right of the petitioner to petition under section 88 of the Act;

1.  

   (c)     state the date and result of the election to which the election petition relates;

1.  

   (d)     state the grounds on which relief is sought, setting out with sufficient particularity the facts relied on to sustain the prayer, but not the evidence by which they are to be proven;

1.  

   (e)     be divided into consecutively numbered paragraphs, each of which, as much as possible, shall be confined to a distinct portion of the subject;

1.  

   (f)     conclude with a prayer, setting out particulars of the relief sought, for instance, that a specified person should be declared duly returned or elected, or that the election should be declared void, or that a return may be enforced; and

1.  

   (g)     state the particulars for service under rule 8.

5.   Petitioner to give address for service

The petitioner shall, in his or her election petition, give the name and address of a legal practitioner whom he or she authorizes to act on his or her behalf, or state that he or she acts for himself or herself, and in either case, give an address for service within one mile of the court office.

6.   Evidence not to be stated

1.  

   (1)   Evidence shall not be stated in the election petition.

1.  

   (2)   Notwithstanding subrule (1) a judge may, on application of the petitioner, as set out in Form 2 of the Schedule, order such particulars of an allegation to be disclosed as may be necessary to prevent surprise and unnecessary expense and to ensure a fair and effectual trial, in the same way as in ordinary proceedings in the Court, and on terms as to costs and otherwise as may be ordered.

1.  

   (3)   Where an allegation is made against a person for the commission of an election offence under the Act, the particulars which may be requested includes —

   1.  

      (a)     the name of the person in the election petition against whom the alleged election offence was committed;

   1.  

      (b)     the name, address, telephone number and occupation on the register of the person who is alleged to have committed the election offence; and

   1.  

      (c)     the time when and the place where each election offence is alleged to have been committed.

1.  

   (4)   In any case in which the judge orders that particulars of any allegation made in an election petition be delivered to the respondent, he or she may fix the time within which the particulars shall be delivered and may order that the petitioner, at the trial of the election petition, may be precluded from going into any detail in respect of any allegation, which the particulars have not been duly delivered, unless it is otherwise ordered.

1.  

   (5)   The petitioner shall give details of the particulars delivered as set out in Form 3 of the Schedule.

7.   Publication of notice of election petition

On presentation of an election petition, the Registrar shall immediately cause a notice of the election petition as set out in Form 4 of the Schedule to be published in the Gazette and in a newspaper of general circulation in Saint Lucia.

8.   Service of election petition

1.  

   (1)   The petitioner shall serve an election petition personally on the respondent by delivering the notice under rule 7 together with a copy of the election petition to the respondent within 10 days after the presentation of the petition.

1.  

   (2)   Notwithstanding subrule (1), a judge may, on the application of the petitioner as set out in Form 5 of the Schedule, no later than 14 days after the election petition is presented and supported by an affidavit showing what has been done, and on being satisfied that all reasonable effort has been made to effect personal service and cause the matter to come to the knowledge of the respondent, order that what has been done shall be considered sufficient service, subject to any conditions which he or she may think fit to impose.

1.  

   (3)   Where a respondent appears to be evading service, the petitioner may make an application to the judge as set out in Form 6 of the Schedule, for an order for substituted service, permitting the posting of —

   1.  

      (a)     a notice in the court office; or

   1.  

      (b)     a notice published in a newspaper of general circulation in Saint Lucia,

1.  

   stating that the election petition has been presented, the name of the petitioner, the prayer and the nature of the proposed security, as personal service on the respondent.

1.  

   (4)   The application under subrule (3) must be supported by evidence on affidavit.

9.   Response to election petition

1.  

   (1)   A respondent shall, within 10 days after service on him or her of the notice of the election petition, present to the Registrar and serve on the petitioner —

   1.  

      (a)     a statement of particulars of an address for service under rule 5 to be stated by a petitioner in the election petition; and

   1.  

      (b)     a brief statement of response to each ground enumerated in the election petition, where he or she intends to oppose the election petition; or

   1.  

      (c)     a notice indicating that he or she does not intend to oppose the election petition.

1.  

   (2)   A respondent shall state the particulars of an address for service in any subsequent application made by him or her.

10.   Security for costs

1.  

   (1)   The petitioner shall, at the time of the presentation of the election petition, or within three days afterwards, give security for the payment of all costs, charges and expenses that may become payable by the petitioner —

   1.  

      (a)     to any person summoned as a witness on his or her behalf;

   1.  

      (b)     to the member whose election or return is disputed; or

   1.  

      (c)     to any other person named as a respondent in the election petition.

1.  

   (2)   The security under subrule (1) must not exceed $1,200 and must be given by one or more recognizance to be entered into by any number of sureties approved by the Registrar, not exceeding 4 or by deposit of money in the Court, or partly in one way and partly in the other to the satisfaction of the Registrar.

1.  

   (3)   A recognizance under subrule (2) is as set out in Form 7 of the Schedule and must contain the name and usual place of abode of each surety with sufficient description that enables him or her to be found or ascertained.

1.  

   (4)   Within 3 days after the giving of security as required by this rule, the petitioner shall serve on the respondent a notice as set out in Form 8 of the Schedule of the nature of the security given.

1.  

   (5)   When the security is given wholly or partly by recognizance, if necessary, the respondent shall within 10 days from the date of service on him or her of the notice, object to the recognizance on the ground that —

   1.  

      (a)     one or more of the sureties is insufficient;

   1.  

      (b)     a surety is dead;

   1.  

      (c)     a surety cannot be found or ascertained for want of sufficient description in the recognizance; or

   1.  

      (d)     a person named in the recognizance has not duly acknowledged the same.

1.  

   (6)   An objection to the security shall be made by an application to a judge as set out in Form 9 of the Schedule, supported by an affidavit of the facts relied on, but the judge may require the person giving evidence on affidavit to attend for personal examination.

1.  

   (7)   An application under subrule (6) shall be made on not less than 4 days' notice to the petitioner and the costs of the application shall be in the discretion of the judge who may decide which party pays the costs.

1.  

   (8)   The costs of hearing and deciding an objection on the ground of insufficiency of a surety shall be paid by the petitioner, unless at the time of leaving the recognizance with the Registrar the petitioner left with the Registrar an affidavit sworn by each surety before a justice of the peace, or other person duly authorized to administer oaths, that he or she is possessed of immovable property of the value of double the amount for which he or she is bound by the recognizance, after satisfying all other debts and liabilities due to other persons.

1.  

   (9)   Upon the hearing of an application made under subrule (6), an order declaring the sufficiency of the security given shall be entered as set out in Form 10 of the Schedule.

11.   Removal of objection where security declared insufficient

1.  

   (1)   Where, on an application under rule 10(6), an order is made declaring the security to be insufficient and the objection is allowed, the petitioner may, within a time not exceeding 10 days as may be ordered by the judge before whom the application is heard, remove the objection by depositing with the Court a sum of money as the judge directs for the purpose of making the security sufficient.

1.  

   (2)   Where the petitioner does not remove the objection by deposit of the sum of money so directed to be deposited within the period fixed by the order of the judge, no further proceedings shall be taken on the election petition and the election petition is deemed to be dismissed.

12.   Election petition at issue

Where, on an application under rule 10(6), an order is made declaring the security to be sufficient, or if no objection is made to the sufficiency of the security within the time specified by these Rules for making the objection, the election petition shall be at issue.

13.   Amendment of election petition

1.  

   (1)   An election petition which has been presented questioning an undue return or undue election on any ground other than an allegation of a corrupt practice may be amended, with the leave of the Court, to include the ground of an allegation of a corrupt practice.

1.  

   (2)   An application for leave to amend an election petition is as set out in Form 11 of the Schedule.

14.   Withdrawal of election petition

1.  

   (1)   An election petition may be withdrawn with the leave of the Court made on an application as set out in Form 12 of the Schedule.

1.  

   (2)   An application under subrule (1) shall not be made for the withdrawal of an election petition until the petitioner has given notice as set out in Form 13 of the Schedule of his or her intention to the Registrar and the respondent, and the Registrar shall immediately cause a notice of the application as set out in Form 14 of the Schedule to be published in the Gazette and in a newspaper of general circulation in Saint Lucia.

1.  

   (3)   Where there is more than one petitioner, an application to withdraw an election petition shall not be made except with the consent of each petitioner.

1.  

   (4)   Before leave for the withdrawal of an election petition is granted —

   1.  

      (a)     a party to the election petition and his or her legal practitioner whose election petition is sought to be withdrawn; and

   1.  

      (b)     the election agents of the parties who were candidates at the election,

1.  

   shall produce affidavits to the effect stated in subrule (5), but the Court may, on cause shown, dispense with the affidavit of a particular person if on special grounds it appears to the Court just to do so.

1.  

   (5)   An affidavit shall state that in relation to the withdrawal of the election petition, to the best of the deponent's knowledge and belief —

   1.  

      (a)     no agreement or terms of any kind whatsoever has, or have been, made; and

   1.  

      (b)     no undertaking has been entered into.

1.  

   (6)   Notwithstanding subrule (5), if any lawful agreement has been made with respect to the withdrawal of the election petition, the affidavit shall set out that agreement and shall make the statement required under subrule (5), subject to what appears from the affidavits.

1.  

   (7)   An affidavit of the applicant and his or her legal practitioner shall state the ground on which the election petition is sought to be withdrawn.

1.  

   (8)   A person shall not make any agreement or terms, or enter into any undertaking, in relation to or for the withdrawal of an election petition in consideration —

   1.  

      (a)     of any payment;

   1.  

      (b)     that the seat shall at any time be vacated; or

   1.  

      (c)     of the withdrawal of any other election petition.

1.  

   (9)   A person who contravenes subrule (8) commits an offence and is liable on summary conviction to a fine not exceeding $500.

1.  

   (10)   Where an election petition is withdrawn, the petitioner is liable to pay the costs of the respondent.

15.   Substitution of a new petitioner

1.  

   (1)   A person who is entitled to be a petitioner in respect of the election to which an election petition relates may, within 5 days after the publication by the Registrar in the Gazette of the notice of application for leave to withdraw the petition under rule 14(2), make an application as set out in Form 15 of the Schedule to the Court to be substituted as a petitioner for the petitioner who desires to withdraw the election petition, and the judge may at the trial of the application, if he or she thinks fit, substitute the applicant as a petitioner.

1.  

   (2)   Where in the opinion of the judge, the proposed withdrawal of an election petition is induced by any corrupt practice or consideration or is the result of any agreement, terms or undertaking prohibited by these Rules, he or she may, by order, direct that the security given on behalf of the original petitioner remains as security for any costs that may be incurred by the substituted petitioner.

1.  

   (3)   If no order under subrule (2) is made with respect to the security given on behalf of the original petitioner, security to the same amount as would be required in the case of an original petitioner and subject to like conditions, shall be given on behalf of the substituted petitioner within 5 days after the order of substitution is made and before he or she takes any step in the proceedings.

1.  

   (4)   Subject to this rule, a substituted petitioner shall stand in the same position, as nearly as may be, and be subject to the same liabilities, as the original petitioner.

16.   Abatement of election petition

1.  

   (1)   An election petition shall be abated by the death of a sole petitioner or the survivor of several petitioners.

1.  

   (2)   The abatement of an election petition shall not affect the liability of the petitioner's legal personal representative to pay the costs previously incurred.

1.  

   (3)   On the abatement of an election petition, a party or person entitled to be a petitioner shall give to the Registrar notice of the abatement and the Registrar shall immediately cause the notice as set out in Form 16 of the Schedule to be published in the Gazette and in a newspaper of general circulation in Saint Lucia.

1.  

   (4)   Within one month after publication of the notice in the Gazette, a person who is entitled to be a petitioner in respect of the election to which the election petition relates may apply to the Court to be substituted as a petitioner.

1.  

   (5)   The judge may, if he or she thinks fit, substitute as a petitioner the applicant on whose behalf security to the same amount as is required in the case of an original election petition is given and the security shall be subject to the same objection as the security given in an original election petition.

17.   Addition or substitution of respondent

1.  

   (1)   Where, before the trial of an election petition —

   1.  

      (a)     the respondent dies, a person entitled to be a petitioner in respect of the election to which the election petition relates may give notice of the death of the respondent as set out in Form 17 of the Schedule by publication in the Gazette and in a newspaper of general circulation in Saint Lucia; or

   1.  

      (b)     the respondent gives notice to the Registrar and to the petitioner that he or she does not intend to oppose the election petition, the Registrar shall give notice of the intention of the respondent as set out in Form 18 of the Schedule by publication in the Gazette and in a newspaper of general circulation in Saint Lucia.

1.  

   (2)   Within 21 days after publication of the notice under subrule (1) in the Gazette, a person may make an application as set out in Form 19 of the Schedule to the Court to be admitted as a respondent to oppose the election petition, and the person shall be admitted either with the respondent, if there is a respondent, or in place of the respondent.

1.  

   (3)   Any number of persons not exceeding 3 may be admitted as respondents.

18.   Respondent not opposing not to appear as party

A respondent who has given a notice under rule 17(1)(b) that he or she does not intend to oppose the election petition shall not appear or act as a party against the election petition in any proceedings on the election petition.

19.   Several election petitions as to the same election

Where more than one election petition relating to the same election or return is presented, all the election petitions must be consolidated and heard, in the manner and on such terms, as the judge directs.

20.   Notice of recriminatory grounds

1.  

   (1)   When an election petition complains of an undue return and claims the seat for some person other than the person returned, the respondent may, within 10 days after the service of the notice of the election petition, give notice as set out in Form 20 of the Schedule to the petitioner that he or she intends to give evidence to prove that the person on whose behalf the seat is claimed was not elected.

1.  

   (2)   The grounds on which a respondent intends to complain that a person on whose behalf the seat is claimed was not duly elected must be set out in the notice under subrule (1) and rule 4 applies to the notice.

21.   Returning officer as respondent

Where an election petition complains of the conduct of a returning officer, the returning officer shall for the purposes of these Rules, except where there is a substitution of respondents in his or her place, be deemed to be a respondent.

22.   Election petition complaining of no return

An election petition complaining of no return may be presented to the Court, and is deemed to be an election petition, and a judge may —

1.  

   (a)     make an order on the election petition as he or she thinks expedient for compelling a return to be made; or

1.  

   (b)     allow the election petition to be heard under these Rules.

23.   Trial of election petition

1.  

   (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.

1.  

   (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.

1.  

   (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.

1.  

   (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.

1.  

   (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.

1.  

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

1.  

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

1.  

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

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

1.  

   (1)   Where it appears to the judge, on the trial of any election petition or any special case, that any question of law requires further consideration by the Court of Appeal, he or she may postpone the trial or the granting of any certificate to the Governor General, until the determination of the question by the Court of Appeal and for this purpose may reserve any question of law for the determination of the Court of Appeal.

1.  

   (2)   A reference to the Court of Appeal under subrule (1) shall be by way of a special case stated under rule 23.

25.   Evidence of corrupt practice receivable before proof of agency

On the trial of an election petition, unless the judge otherwise directs, any charge of a corrupt practice may be enquired into, and evidence in relation to the charge received, before any proof has been given of agency on the part of any candidate in respect of the corrupt practice.

26.   Witnesses

1.  

   (1)   A witness may be summoned and sworn in as in civil proceedings.

1.  

   (2)   At the trial, the Court may, by order under the hand of the judge, summon a person who appears to him or her to have been concerned in the election to attend as a witness, and a person willfully refusing to obey the order commits contempt of court.

1.  

   (3)   A witness may, after his or her examination by the Court, be cross-examined by or on behalf of the petitioner and respondent, or either of them.

1.  

   (4)   A person called as a witness in the case of an election petition before the Court shall not be excused from answering any question relating to any offence committed at or connected with the election, on the ground of privilege.

1.  

   (5)   Notwithstanding subrule (4) —

   1.  

      (a)     a witness who answers truly all questions which he or she is required by the Court to answer shall in the discretion of the Court be eligible to receive a certificate of indemnity from the judge stating that the witness has so answered; and

   1.  

      (b)     an answer by a person to a question put by or before the Court is not admissible in evidence against that person in civil or criminal proceedings, except in the case of any criminal proceeding for perjury in respect of the evidence.

1.  

   (6)   The reasonable expenses incurred by a person who is, in the first instance, called by a party as a witness and appears to give evidence at the trial of an election petition, is payable by the party who calls him or her as a witness and the amount payable shall be ascertained and certified by the Registrar, by order of the judge.

1.  

   (7)   The expenses under subrule (6) may be included in the costs of the election petition and shall be paid by the party directed to pay those costs.

1.  

   (8)   The expenses of a witness called and examined by the judge are deemed to be costs of the election petition and shall be paid as directed by the order of the judge.

27.   General costs of election petition

1.  

   (1)   Except where specifically provided for in these Rules, all costs, charges and expenses of and incidental to the presentation of an election petition, or of any consequent proceedings shall be in the discretion of the Court, and shall be defrayed by the parties to the election petition in a manner and in proportions as the Court determines.

1.  

   (2)   The cost of publication of the notice of the election petition and of any other matter required to be published by the Registrar under these Rules shall be paid to the Registrar before the publication by the petitioner in the first instance and forms part of the general cost of the election petition.

1.  

   (3)   The Court may disallow any costs, charges or expenses which have been caused by —

   1.  

      (a)     vexatious conduct;

   1.  

      (b)     unfounded allegations; or

   1.  

      (c)     unfounded objections,

1.  

   on the part of the petitioner or the respondent, and shall have regard to the discouragement of any needless expense by assigning the burden of defraying the costs, charges or expenses on the party by whom it has been caused, whether or not that party is successful.

1.  

   (4)   The rules and regulations of the Court with respect to costs to be allowed in actions, causes and matters in the Court apply, so far as practicable, to the costs of an election petition and the amount of the costs may be fixed by the judge or as directed to be assessed.

1.  

   (5)   Where the petitioner is ordered to pay any costs and he or she fails to pay the costs within 14 days from the date of the order of the Court —

   1.  

      (a)     in the case where security has been given by deposit of money with the Court under these Rules, the Registrar shall pay the costs out of that money and execution may be issued against the petitioner and the sureties jointly and severally for any balance not covered by the deposit; or

   1.  

      (b)     in the case where security has been given by recognizance, the Registrar shall, on an affidavit of the respondent stating —

      1.  

         (i)     the amount of the costs directed to be paid by the petitioner, and

      1.  

         (ii)     that the petitioner or any of the sureties has not paid the costs within 14 days after the date of the order to pay the costs,

1.  

   certify the recognizance to be forfeited.

1.  

   (6)   Execution shall immediately issue out of the Court for the recovery of the amount of the costs ordered to be paid against the petitioner and the sureties jointly and severally to the extent of the amount for which they are bound by the recognizance.

1.  

   (7)   Notwithstanding subrule (6), the petitioner is liable to pay the full amount of the costs.

1.  

   (8)   Where the security given by the petitioner is in the form of money deposited with the Court, the petitioner is entitled to a refund of the portion of the money exceeding the amount of the costs ordered to be paid by him or her.

1.  

   (9)   Where a respondent who is ordered to pay any costs to the petitioner fails to do so within 14 days from the date of the order directing the payment, execution shall immediately be issued out of the Court for the recovery of the amount of costs.

1.  

   (10)   Execution shall be levied in accordance with the law governing execution in civil actions in the Court.

28.   Application of Civil Procedure Rules

In any matter not provided for by the Act or by these Rules, the practice and procedure set out in the Civil Procedure Rules relating to the service of documents other than the election petition and the conduct of a civil trial may be applied, if a judge so directs.

29.   Repeal

The House of Assembly (Election Petition) Rules, Statutory Instrument No. 4 of 1948, are repealed.

30.   Pending election petitions

Any election petition pending on the date of commencement of these Rules shall be dealt with as if it were an election petition presented under these Rules and for this purpose all documents forming part of the record of the proceedings shall be read with all necessary adaptations.

Schedule

FORM 1

(Rule 4)

ELECTION PETITION

IN THE EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT

SAINT LUCIA

FORM 2

(Rule 6 (2))

APPLICATION FOR PRACTICULARS

IN THE EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT

SAINT LUCIA

FORM 3

(Rule 6(5))

PARTICULARS DELIVERED

FORM 4

(Rule 7(1))

NOTICE OF PRESENTATION OF ELECTION PETITION

FORM 5

(Rule 8 (2))

APPLICATION FOR SERVICE TO BE DEEMED SUFFICIENT

IN THE EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT

SAINT LUCIA

FORM 6

(Rule 8(3))

APPLICATION FOR SUBSTITUTED SERVICE

IN THE EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT

SAINT LUCIA

FORM 7

(Rule 10 (3))

RECOGNIZANCE GIVING SECURITY FOR COSTS

FORM 8

(Rule 10(4))

NOTICE OF NATURE OF THE SECURITY

FORM 9

(Rule 10(6))

APPLICATION OBJECTING TO SECURITY

IN THE EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT

SAINT LUCIA

FORM 10

(Rule 10(9))

ORDER UPON AN APPLICATION OBJECTING TO SECURITY

FORM 11

(Rule 13(2))

APPLICATION TO AMEND ELECTION PETITION

IN THE EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT

SAINT LUCIA

FORM 12

(Rule 14(1))

APPLICATION FOR LEAVE TO WITHDRAW ELECTION PETITION

IN THE EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT

SAINT LUCIA

FORM 13

(Rule 14(2))

NOTICE TO REGISTRAR AND RESPONDENT OF APPLICATION FOR LEAVE TO WITHDRAW ELECTION PETITION

FORM 14

(Rule 14 (2))

NOTICE TO PUBLIC OF APPLICATION FOR LEAVE TO WITHDRAW ELECTION PETITION

FORM 15

(Rule 15(1))

APPLICATION FOR SUBSTITUTION OF A PETITIONER

IN THE EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT

SAINT LUCIA

FORM 16

(Rule 16(3))

NOTICE OF ABATEMENT OF ELECTION PETITION

FORM 17

(Rule 17(1)(a))

NOTICE TO BE PUBLISHED OF DEATH OF THE RESPONDENT

FORM 18

(Rule 17(1)(b))

NOTICE TO BE PUBLISHED BY RESPONDENT OF INTENTION NOT TO OPPOSE THE ELECTION PETITION

FORM 19

(Rule 17(2))

APPLICATION TO BE ADMITTED AS RESPONDENT TO OPPOSE THE ELECTION PETITION

IN THE EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT

SAINT LUCIA

FORM 20

(Rule 20(1))

NOTICE OF RECRIMINATORY GROUNDS

FORM 21

(Rule 23(1))

NOTICE OF TRIAL

FORM 22

(Rule 23(4))

APPLICATION TO TURN ELECTION PETITION INTO SPECIAL CASE

IN THE EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT

SAINT LUCIA

Elections (Register of Electors) (Validation) Order – Section 25

(Statutory Instrument 167/2021)

Statutory Instrument 167/2021 .. in force 18 October 2021

ELECTIONS (REGISTER OF ELECTORS) (VALIDATION) ORDER – SECTION 25

Commencement [18 October 2021]

1.   Citation

This Order may be cited as the Elections (Register of Electors) (Validation) Order.

2.   Validation of register of electors

The list of registered electors for the Electoral Districts prepared by the Chief Elections Officer and published at the office of the Chief Elections Officer on the 13^th day of July, 2021 is validated by this Order.