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28 1993

PRESIDENTIAL ELECTIONS ACT, 1993

PART III

The Poll

Notice of the poll.

36. —(1) Where an election is adjourned for the purpose of taking a poll, the presidential returning officer shall, as soon as practicable after the adjournment, send to every local returning officer notice in writing of such adjournment and publish a notice (in this Act referred to as “the notice of poll”) stating—

(a) the day on which and the hours during which the poll will be taken,

(b) the names and descriptions of the candidates standing nominated at the election, and

(c) the order in which the names of the candidates will appear on the ballot papers.

(2) The presidential returning officer shall send a copy of the notice of poll to every local returning officer and the local returning officer shall publish it in the constituency concerned.

Ballot papers.

37. —(1) The ballot of a voter at an election shall consist of a paper (in this Act referred to as “a ballot paper”) in the prescribed form.

(2) Ballot papers shall be prepared in accordance with the following directions:

(a) a ballot paper shall contain the names and descriptions of the candidates standing nominated at the election. The names shall be arranged alphabetically in the order of the surnames or, if there are 2 or more candidates bearing the same surname, in the alphabetical order of their other names or, if their surnames and other names are the same, in such order as shall be determined by lot by the presidential returning officer,

(b) the surname of each candidate shall be printed in large capitals, the candidate's name shall be printed in small capitals and the candidate's address and occupation (if any) shall be printed in ordinary characters,

(c) the list of candidates shall be arranged either in one continuous column or in 2 or more columns in such manner (without departing from the alphabetical order) as, in the opinion of the presidential returning officer, is best for marking and counting, but subject to the restriction that the spaces on the ballot paper within which the candidates' names and descriptions appear shall be the same for each of the candidates,

(d) the ballot papers shall be numbered consecutively on the back and the back of the counterfoil attached to each ballot paper shall bear the same number,

(e) the numbers on the ballot papers shall be printed in the smallest characters compatible with legibility and shall be printed on or about the centre of the paper, and

(f) apart from anything permitted by the prescribed form, nothing shall appear on the ballot paper except in accordance with these directions.

(3) It shall be the duty of the presidential returning officer to arrange for the printing and procuring of a sufficient quantity of ballot papers and to supply as soon as practicable to every local returning officer such numbers of ballot papers as that officer shall reasonably require.

The official mark.

38. —(1) A ballot paper shall at the time of issue be marked with an official mark (in this Act referred to as “the official mark”), which shall be either embossed or perforated so as to be visible on both sides of the paper and the local returning officer shall provide a sufficient number of marking instruments for this purpose.

(2) The local returning officer shall ensure that the official mark is kept secret before the taking of the poll and that any particular mark is not used at 2 consecutive presidential elections in the constituency.

Application of certain provisions of Part XVI of Act of 1992.

39. —The provisions of sections 90 to 95 of the Act of 1992 shall, subject to the modifications specified in section 3 (3), apply and have effect in relation to an election.

Voting by postal voters.

40. —(1) Every presidential elector whose name is, at the time of an election, in the postal voters list for a constituency (in this Act referred to as “a postal voter”) shall be entitled to vote in that constituency at the poll at the election by sending a ballot paper by post to the local returning officer for the constituency and shall not be entitled to vote at the election in any other manner.

(2) The local returning officer for a constituency shall, as soon as practicable after the receipt from the presidential returning officer of notice of the adjournment of an election for the purpose of taking a poll, send to each postal voter for the constituency a ballot paper and a form of receipt for such ballot paper in the form directed by the Minister and, if the ballot paper duly marked by the said postal voter and accompanied by the said receipt duly signed by the voter is received by the local returning officer before the close of the poll, it shall be counted by the local returning officer and treated for all purposes in the same manner as a ballot paper placed in a ballot box in the ordinary way at the taking of the poll.

(3) The provisions of sections 65 to 76 of the Act of 1992 shall, subject to the modifications specified in section 3 (3), apply and have effect in relation to postal voting at an election and, in sending out, receiving and otherwise dealing with the ballot papers of postal voters, the local returning officer shall comply with the provisions of those sections.

(4) The notices required to be given to each candidate pursuant to sections 68 and 73 of the Act of 1992 (as applied by subsection (3)) shall, where a candidate has appointed a local agent for the constituency concerned, be given to such local agent.

(5) A reference to an agent in any of the sections of the Act of 1992 referred to in subsection (3) shall be deemed to include a reference to the election agent and local agent of a candidate and any person appointed by or on behalf of a candidate to be present at the issue of ballot papers to postal voters or the opening of postal voters ballot boxes.

Voting by special voters.

41. —(1) Every presidential elector whose name is, at the time of an election, in the special voters list for a constituency (in this Act referred to as “a special voter”) shall be entitled to vote in that constituency at the poll at the election in the manner described in section 82 of the Act of 1992 and shall not be entitled to vote in any other manner.

(2) The provisions of sections 78 and 80 to 84 of the Act of 1992 shall, subject to the modifications specified in section 3 (3), apply and have effect in relation to voting by special voters at an election and, in delivering, receiving and otherwise dealing with the ballot papers of special voters, the local returning officer shall comply with the provisions of those sections.

Polling on islands.

42. —The provisions of sections 85 and 86 of the Act of 1992 shall, subject to the modifications specified in section 3 (3), apply and have effect in relation to the taking of the poll at an election at a polling station situate on an island.

Authorisation to vote at another polling station.

43. —(1) Where a presidential elector is employed by a local returning officer for any purpose in connection with a presidential election and the circumstances of the elector's employment are, in the opinion of the local returning officer, such as to prevent him from voting at the polling station at which the elector would otherwise be entitled to vote, the elector may, if so authorised in writing by the local returning officer in such form as may be directed by the Minister, vote at such other polling station in the constituency in which he is so employed as may be specified in the authorisation.

(2) Where, not less than 7 days before polling day at a presidential election, a presidential elector whose name is not on the postal voters list or the special voters list, satisfies the local returning officer that he is unable, by reason of physical illness or physical disability suffered by him, to vote at the polling station at which he would otherwise be entitled to vote and the local returning officer is of opinion that it would be more convenient for the elector because of his physical illness or physical disability to vote at another polling station in the same constituency, the elector may, if so authorised in writing by the local returning officer in such form as may be directed by the Minister, vote at such other polling station in the same constituency as may be specified in the authorisation.

Taking the poll at polling stations.

44. —(1) The provisions of sections 97 and 98 and 101 to 111 of the Act of 1992 shall, subject to the modifications specified in section 3 (3), apply and have effect in relation to the taking of the poll at a presidential election.

(2) Where in accordance with the provisions of section 107, 108 or 109 of the Act of 1992 (as applied by subsection (1)), the poll at any polling station is adjourned or cannot be taken or continued or becomes void, the local returning officer concerned shall, in addition to doing the things required to be done by the said provisions, forthwith inform the presidential returning officer of the occurrence.