(1) The Commission shall, as soon as possible after they have received the election documents referred to in section 68(1), make up into one parcel the different documents referred to in that subsection and seal up the same so that such parcel cannot be opened without breaking the seal, and send the same to the Clerk of the House of Assembly who shall keep the same in safe custody and shall not allow any person to have access to the same—
(a) provided that if an election petition has been presented questioning the validity of any election or return, the said clerk shall, on the order of a judge of the Supreme Court, deliver to the Registrar of the Supreme Court the documents relating to the election that is in dispute;
(b) provided also that after the expiration of 12 months from the day of any election and if no petition in respect of such election is then pending it is lawful for the Clerk of the House of Assembly to cause the said documents, used at such election, to be disposed of in a manner approved by him or her.
(2) No such election documents in the custody of the Clerk of the House of Assembly shall be inspected or produced except under the order of a judge of the High Court; and an order under this subsection may be made by any such judge on his or her being satisfied by evidence on oath that the inspection or production of such election documents is required for the purpose of instituting or maintaining a prosecution for an offence in relation to an election or for the purpose of a petition which has been filed questioning an election or return.
(3) Any such order for the inspection or production of election documents may be made subject to such conditions as to persons, time, place and mode of inspection or production as the judge deems expedient.
(4) All other reports or statements received from election officers, all instructions issued by the Chief Elections Officer under this Act, all decisions or rulings by him or her upon points arising thereunder, and all correspondence with election officers or others in relation to any election shall be public records, and may be inspected by any person upon request during business hours.
(5) Any person may take extracts therefrom and shall be entitled to certified copies of the papers relating to any subject upon payment for the preparation of such certified copies at the prescribed rate.
(6) Any such copies purporting to be certified by the Chief Elections Officer under his or her hand shall be receivable in evidence without further proof thereof.
(Amended by Act 14 of 2004)