Revised Laws of Saint Lucia (2021)

56.   Proceedings at poll

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   (1)   At the hour fixed for opening the poll the presiding officer and the poll clerk shall, in the presence of the candidates, their agents, and such of the electors as are present, open the ballot box and satisfy themselves and all present that there are no ballot papers or other papers therein, after which the box shall be locked, and the presiding officer shall keep the key; the box shall be placed on a table in full view of all present and shall be maintained there until the close of the poll.

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   (2)   Immediately after the ballot box is so locked, the presiding officer shall call upon the electors to vote.

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   (3)   The presiding officer shall secure the admittance of every elector into the polling station, and shall see that they are not impeded or molested at or about the polling station.

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   (4)   An elector upon entering a polling station shall declare his or her name. The poll clerk shall ascertain whether the name of the elector appears on the official list of electors for the polling station and if it so appears he or she shall call out the name, address, occupation and number of the elector as stated in the official list. When this has been done, the presiding officer shall require the elector to identify himself or herself, which the elector shall do by producing any one of the following—

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      (a)     his or her identification card issued under this Act;

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      (b)     the duplicate of his or her registration record card issued in the form set out as Form 5 under the Elections Regulations;

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      (c)     a photo application form issued to him or her in the form set out as Form 15 under the Elections Regulations;

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      (d)     his or her passport;

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      (e)     a driver's licence containing the elector's photograph;

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      (f)     his or her membership card issued under the National Provident Regulations, 1972, or any enactment replacing the same;

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      (g)     any other means of identification that the presiding officer may consider adequate.

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   (5)   Where the provisions of the preceding subsection have been complied with, the elector's name, address and occupation shall be entered in the poll book to be kept by the poll clerk in the form set out as Form 14 in Schedule 3, a number corresponding to the registration number allotted to the elector on the official list of electors being prefixed to the elector's name in the appropriate column of the poll book.

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   (6)   It is lawful for the presiding officer to put to an elector such questions as he or she considers necessary in order to ascertain the elector's identity and whether the elector has already voted; but save as is permitted under this Act, no inquiry shall be made as to the right of an elector to vote.

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   (7)   Before the presiding officer issues the elector a ballot paper, he or she shall, in order to ascertain whether the elector has not previously voted proceed to examine the hands and fingers of the elector and shall either—

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      (a)     mark every elector with electoral ink to his or her satisfaction on the outer palmar surface of the right hand, or where the elector has no right hand, the presiding officer shall mark the elector with electoral ink to his or her satisfaction on the outer palmar surface of the left hand, or where there is no palmar surface in such place as the presiding officer may think fit; or

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      (b)     require the elector to immerse his or her right index finger in electoral ink and where the elector has no right index finger the presiding officer shall require the elector to immerse such other finger as he or she, the presiding officer may determine; but the presiding officer shall not require an elector to immerse a finger in electoral ink if he or she is satisfied that the elector has suffered such injury to one of his or her fingers which is of such a nature as to make it undesirable for him or her to immerse any finger in such electoral ink or where there is on the fingers of such elector any substance which in the opinion of the presiding officer, is likely to prevent the adhesion of the electoral ink and which has not been removed to his or her satisfaction.

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   (8)   Where the requirements of the foregoing subsection of this section have been fulfilled, the presiding officer shall, hand such elector a ballot paper. Where an elector refuses to comply with the foregoing provisions of this section or the presiding officer is satisfied that the elector has already been marked in accordance with the foregoing provisions of this section he or she shall refuse to issue to him or her a ballot paper.

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   (9)   Subject to section 53 and subsections (10), (11) and (12), this section applies to the taking of an advance poll at an advance polling station. (Inserted by Act 13 of 2016)

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   (10)   At an advance polling station established under section 46(2), if the presiding officer considers it necessary, the presiding officer, the poll clerk and the agents shall with the approval of the person in charge of the institution, carry the ballot box and other necessary election documents from room to room to take the vote of electors who are confined to a bed. (Inserted by Act 13 of 2016)

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   (11)   When the vote of an elector who is confined to a bed is being taken, the presiding officer shall give the elector the assistance necessary for the elector to vote but not more than one agent for each candidate may be present. (Inserted by Act 13 of 2016)

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   (12)   A returning officer shall be supplied with a copy of the Register of Elections for the electoral district and with such ballot papers and such envelopes addressed to the returning officer for each electoral district as may be necessary to enable every elector who is entitled to vote so to vote. (Inserted by Act 13 of 2016)