Revised Laws of Saint Lucia (2021)

63.   Proceedings after poll

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   (1)   Upon the close of the poll, in the presence and in full view of the poll clerk and the candidates or their agents, and if the candidates or any of them are absent, then in the presence of such as are present, and of at least 2 electors if none of the candidates is represented, the presiding officer shall—

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      (a)     count the number of voters whose names appear in the poll book as having voted and make an entry thereof on the line immediately below the name of the voter who voted last, thus;

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           “the number of voters who voted at this election in this polling station is....”

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           (stating the number), and sign his or her name thereto;

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      (b)     count the spoiled ballot papers, if any, place them in the special envelope supplied for that purpose and indicate thereon the number of such spoiled ballot papers and seal it up;

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      (c)     count the unused ballot papers, place them with all the stubs of all used ballot papers in the special envelope supplied for that purpose and indicate thereon the number of such unused ballot papers;

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      (d)     check the number of ballot papers supplied by the returning officer against the number of unused ballot papers and the number of voters whose names appear in the poll book as having voted, in order to ascertain that all ballot papers are accounted for;

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      (e)     open the ballot box, record and count the number of votes given to each candidate on the tally sheets supplied, giving full opportunity to those present to examine each ballot paper. The poll clerk and not less than 2 witnesses shall be supplied with tally sheets upon which they may keep their own score as each vote is called out by the presiding officer;

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      (f)     exhibit the ballot box empty to such persons as may be present in the polling station immediately after the counting of the votes.

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   (2)   In counting the votes, the presiding officer shall reject all ballot papers—

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      (a)     which have not been supplied by him or her;

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      (b)     which have not been marked for any candidate;

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      (c)     on which votes have been given for more than one candidate; or

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      (d)     upon which there is any writing or mark by which the voter could be identified, but no ballot paper shall be rejected on account of any writing, number or mark placed thereon by any presiding officer.

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   (3)   If, in the course of counting the votes any ballot paper is found with the counterfoil still attached thereto, the presiding officer shall (carefully concealing the numbers thereon from all persons present and without examining them himself or herself) remove such counterfoil. He or she shall not reject the ballot paper merely by reason of his or her former failure to remove the counterfoil.

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   (4)   If, in the course of counting the votes the presiding officer discovers that he or she has omitted to affix his or her initials to any ballot paper, as provided by section 59(1) of this Act, and as indicated in the form set out as Form 12 in Schedule 3 to this Act, he or she shall, in the presence of the poll clerk and the agents of the candidates, affix his or her initials to such ballot paper, and shall count such ballot paper as if it had been initialled by him or her in the first place, provided that he or she is satisfied that the ballot paper is one that has been supplied by him or her and that such an omission has really been made, and also that every ballot paper supplied to him or her by the returning officer has been accounted for, as provided by subsection (1)(d).

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   (5)   Nothing in subsections (2), (3) or (4) shall relieve the presiding officer from any penalty to which he or she may have become liable by reason of his or her having placed any writing, number or mark, other than his or her initials, on any ballot paper, or for his or her failure to remove the counterfoil at the time of the casting of the vote to which it relates or to affix his or her initials to any ballot paper before handing it to any elector.

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   (6)   The presiding officer shall keep a record on the special form printed in the poll book of every objection made by any candidate, or his or her agent, to any ballot paper found in the ballot box, and shall decide every question arising out of the objection. The decision of the presiding officer shall be final, subject to reversal on the final count by the returning officer or on petition questioning the election or return; and every such objection shall be numbered, and a corresponding number placed on the back of the ballot paper and initialled by the presiding officer.

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   (7)   All the ballot papers not rejected by the presiding officer shall be counted and a list kept of the number of votes given to each candidate and or the number of rejected ballot papers. The ballot papers which respectively indicate the votes given for each candidate shall be put into separate envelopes; all rejected ballot papers shall be put into a special envelope and all such envelopes shall be endorsed so as to indicate their contents, and shall be sealed and signed by the presiding officer, and by such agents or witnesses present as may desire to sign their names thereon.

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   (8)   The presiding officer and the poll clerk, immediately after the completion of the counting of the votes shall take and subscribe respectively the oaths in the forms set out as Form 23 and 24 in Schedule 3 which shall remain attached to the poll book.

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   (9)   The presiding officer shall make the necessary number of copies of the statement of the poll in the form set out as Form 25 in Schedule 3, one copy to remain attached to the poll book, one copy to be retained by the presiding officer and one copy for the returning officer which shall be enclosed in a special envelope supplied for the purpose, which envelope he or she shall seal and deliver personally or transmit to the returning officer.

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   (10)   The poll book, the several envelopes containing the ballot papers — unused, spoiled, rejected or counted for each candidate — each lot in its proper envelope, the envelope containing the official list of electors and other documents used at the poll shall then be placed in the large envelope supplied for the purpose, and this envelope shall then be sealed and placed in the ballot box. The ballot box shall then be locked and sealed with the seal of the presiding officer and conveyed or delivered to the returning officer. The returning officer may specially appoint one or more persons for the purpose of collecting the ballot boxes from a given number of polling stations and such person or persons shall, on delivering the ballot boxes to the returning officer, take the oath in the form set out as Form 26 in Schedule 3.

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   (11)   The presiding officer shall, with the ballot box, convey and deliver to the returning officer, in the envelope provided for that purpose, the key of such ballot box, the preliminary statement of the poll in the form set out as Form 25 in Schedule 3 and the polling station account furnished him or her in blank by the returning officer, having first caused it to be filled in and signed by the officials of his or her polling station entitled to fees, and by the landlord thereof, if any.

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   (12)   Not more than one agent for each candidate concerned shall be permitted to witness the acts of conveyance and delivery provided for in subsections (10) and (11) above.

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   (13)   The presiding officer shall transmit to the returning officer—

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      (a)     the ballot box;

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      (b)     the envelope containing the key thereof;

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      (c)     the preliminary statement of the poll; and

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      (d)     the polling station account,

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   in such manner as the Chief Elections Officer shall direct.

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   (14)   If any presiding officer shall omit to enclose within the ballot box, and in the proper envelopes provided for that purpose, any of the documents mentioned in this section, he or she shall, in addition to any other punishment to which he or she may be liable, forfeit all right to payment for his or her services as such officer.

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   (15)   The returning officer upon receipt by him or her of a ballot box shall take every precaution for its safe-keeping and for preventing any person other than himself or herself and his or her election clerk from having access thereto, and in particular—

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      (a)     shall seal it under his or her own seal so that it cannot be opened without the seal being broken but without effacing or covering any other seals affixed thereto;

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      (b)     shall deposit it in an unoccupied cell at the nearest police station and having locked such cell keep the key in his or her custody.