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Solomon Islands Sessional Legislation |
SOLOMON ISLANDS
NATIONAL PARLIAMENT ELECTORAL PROVISIONS (AMENDMENT) ACT 2010
(NO. 5 OF 2010)
PASSED by the National Parliament this 6th day of April 2010.
(This printed impression has been carefully compared by me with the Bill passed by Parliament and found by me to be a true copy of
the Bill)
Taeasi Sanga (Mrs)
Clerk to National Parliament
ASSENTED to in Her Majesty's name and on Her Majesty's behalf this14th day of April 2010.
Sir Frank Utu Ofagioro Kabui
GOVERNOR-GENERAL
Date of Commencement: (See section 1)
AN ACT TO AMEND THE NATIONAL PARLIAMENT ELECTORAL PROVISIONS ACT (CAP. 87)
ENACTED by the National Parliament of Solomon Islands.
ARRANGEMENT OF SECTIONS
NATIONAL PARLIAMENT ELECTORAL PROVISIONS (AMENDMENT) ACT 2010
Short title and commencement
1. (1) This Act may be cited as the National Parliament Electoral Provisions (Amendment) Act 2010.
(2) Sections 1 to 4 and 15 to 20 of this Act commence on the date it is published in the Gazette.
(3) Sections 5 to 14 and 21 of this Act commence on the 1st day of October 2010.
Section 2 amended
2. Section 2 of the principal Act is amended by inserting the following definition –
""count" means anything done under section 48 or 49;".
Section 5 amended
3. Section 5 of the principal Act is amended –
(a) by renumbering section 5 as subsection 5(1); and
(b) by adding the following subsections –
"(2) The Commission is responsible for the conduct of elections of members of Parliament.
(3) The Commission may direct any person whose functions under this Act relate to the conduct of elections as to the performance of those functions."
Section 6 amended
4. Section 6 of the principal Act is amended by adding the following subsections –
"(3) The Commission is responsible for the registration of electors for the election of members of Parliament.
(4) The Commission may direct any person whose functions under this Act relate to the registration of electors as to the performance of those functions.".
Section 12 amended
5. Section 12 of the principal Act is amended by inserting the following subsections after subsection (3) –
"(3A) The Revising Officer may appoint one or more persons (as the Revising Officer considers appropriate) as Assistant Revising Officers for a ward or wards.
(3B) An Assistant Revising Officer has the powers and functions of a Revising Officer, but is subject to any directions of the Revising Officer."
Section 15 amended
6. Section 15 of the principal Act is amended in subsection (1) by inserting "and unless the Commission determines otherwise," after "Notwithstanding the provisions of the previous section."
Section 16 substituted
7. Section 16 of the principal Act is repealed and substituted with the following section –
"Preparation of registers"
"16. (1) The Registration Officer for a registration area shall publish, in each ward in the registration area, a notice in accordance with subsection (2) –
(a) as soon as practicable after this Part starts to apply to the registration area;
(b) at any time the Registration Officer is directed to do so by the Commission; and
(c) on the day five years after the last occasion on which a notice was published under paragraph (a) or (b), or as soon as practicable after that day.
(2) The notice to be published by the Registration Officer is a notice in Form A in the Second Schedule, requiring persons who desire, and who claim to be entitled, to be registered as electors in the registration area to deliver their claims, in Form B in the Second Schedule, to the Registration Officer or to an Assistant Registration Officer for the registration area, by the end of the initial claim period for the notice specified in subsection (3).
(3) For the purposes of subsection (2), the initial claim period for the notice is –
(a) the period of forty days after the day the notice is published; or
(b) any alternative period nominated by the Commission."
Section 17 amended
8. Section 17 of the principal Act is amended –
(a) in subsection (1), by omitting "period of sixty days" and substituting "initial claim period"; and
(b) in subsection (3), by omitting "he shall register the claimant in the manner hereinafter provided" and substituting "the Officer shall deliver to the Commission the claimant's Form B notice".
Section 18 substituted
9. Section 18 of the principal Act is repealed and substituted with the following section –
"List of electors"
"18. (1) The Commission shall, in the appropriate Form C or C1 in the Second Schedule, make an alphabetical list for each ward or part of the ward in the registration area of the persons whose Form B notices were delivered to the Commission under section 17(3). The Commission shall do so within –
(a) fourteen days after the last day of the initial claim period, specified in section 16(3); or
(b) any alternative period nominated by the Commission for the purposes of this subsection.
(2) The Commission shall give the list or lists to the Registration Officer as soon as practicable after the end of the period that applies under subsection (1).
(3) The Registration Officer shall publish the list, signed and dated by the Registration Officer or by an Assistant Registration Officer, in a manner the Registration Officer considers appropriate to bring the list to the attention of the persons entitled to be on the list, within –
(a) twenty-eight days after the last day of the initial claim period referred to in subsection (1)(a); or
(b) any alternative period nominated by the Commission for the purposes of this subsection.".
Section 19 amended
10. Section 19 of the principal Act is amended –
(a) in subsection (1)(b), by omitting "been omitted from the list of electors" and substituting "not appeared on the list of electors for the ward or part of the ward to which the person's claim related"; and
(b) in subsection (1), by omitting "within ten days after the publication of such list" and substituting "by the end of the claims and objections period specified under subsection (3)"; and
(c) in subsection (2), by omitting "within ten days after publication of the list" and substituting "by the end of the claims and objections period specified under subsection (3)"; and
(d) by repealing subsection (3) and substituting the following subsection –
"(3) For the purposes of subsections (1) and (2), the claims and objections period is –
(a) the period of ten days starting on a day nominated by the Commission; or
(b) the period starting and ending on the days nominated by the Commission."
New section 19A inserted
11. The principal Act is amended by inserting the following section after section 19 –
"Objection by Commission"
19A. (1) In the course of making a list under section 18(1) of electors for a ward or part of a ward, the Commission shall determine whether it appears that any person who has claimed to be entitled to be registered as an elector in the ward has made another claim or claims in relation to another part of that ward or another ward (whether or not in the same registration area).
(2) If the Commission identifies a person in the course of making a list under subsection (1), then after making the list the Commission shall, in Form E1 in the Second Schedule, object to the person as not being entitled to have the person's name retained on the list.
(3) The Commission shall give the Commission's objection to the Registration Officer for the registration area to which the ward belongs, by the end of the claims and objections period that applies under section 19."
Section 20, 21 and 22 substituted
12. Sections 20, 21 and 22 of the principal Act are repealed and substituted with the following sections –
"What Registration officer must do after end of claims and objection periods"
"20. (1) If a Registration Officer receives no notices of claims or objections under section 19 or 19A by the end of the claims and objections period that applies under section 19 or by the end of any other period nominated by the Commission under section 19(3)(b), the Officer shall, within a reasonable time after the end of the period, notify the Commission of this.
(2) If a Registration Officer receives any notices of claims or objections under section 19 or 19A, the Officer shall, within four days after the end of the claims and objections period that applies under section 19 or by the end of any other period nominated by the Commission, deliver to the Revising Officer for the registration area –
(a) the notices; and
(b) the list or lists of electors to which the notices relate.
(3) The Registration Officer or an Assistant Registration Officer shall, within ten days after the end of the claims and objections period that applies under section 19 or by the end of any other period nominated by the Commission, prepare and publish, or cause to be prepared and published, in each ward, a list of the notices and the names and addresses of the persons who gave them.
"Public inquiry into claims and objections"
"20A. (1) If notices of claims or objections are given under section 19 or 19A in relation to a list of electors, the Commission shall determine the starting date and finishing date of the period during which public inquiries are to be held into the claims or objections (or both) in relation to that list. The period shall not exceed twenty days or any other number of days nominated by the Commission.
(2) A Revising Officer to whom notices of claims or objections are delivered in accordance with section 20(2) shall hold, or arrange for an Assistant Revising Officer to hold, public inquiries into the claims or objections (or both), during the public inquiry period determined under subsection (1).
(3) A Revising Officer or Assistant Revising Officer may hold a public inquiry at any place or places within the electoral constituency, at any time or times the Officer considers appropriate, and may adjourn the inquiry from place to place and time to time, as long as –
(a) the inquiry begins and ends within the public inquiry period determined under subsection (1); and
(b) the Officer gives at least four days' notice of the places and times at which the inquiry is to be held; and
(c) if the inquiry includes an inquiry into an objection made by the Commission under section 19A, the person objected to or a representative of the person has been informed, or reasonable attempts have been made to inform the person or a representative, of the objection at least four days before the inquiry into that objection is to be held.
(4) The Revising Officer or Assistant Revising Officer may, at or in respect of any inquiry under this Part –
(a) summon any person to appear at the inquiry; and
(b) require any person at the inquiry to give any information the Officer considers necessary for the due discharge of the Officer's duties; and
(c) take evidence on oath, and such oath to be administered by the Officer.
(5) If the Revising Officer is of the opinion that a claim or objection made under section 19 is without foundation or is frivolous, the Revising Officer may order such person to pay such sum as appears to the Revising Officer to represent the actual costs of the inquiry, including the cost of witnesses, attributable to the objection or claim.
(6) An order made under subsection (5) is deemed to be an order of a Magistrate's Court and may be executed on the application of the Registration Officer or an Assistant Registration Officer in any manner authorised by law for the execution of orders, judgments or decrees of the courts in Solomon Islands.
"Handling of omissions from the list at public inquiry"
"20B. At a public inquiry into a claim made under section 19(1) in relation to a list of electors, the Revising Officer or Assistant Revising Officer shall –
(a) consider the claim and any evidence available on it; and
(b) decide whether the claimant is proved to the Officer's satisfaction to be entitled to have the claimant's name inserted on the list.
"Handling of public objections at public inquiry
20C. (1) At a public inquiry into an objection made under section 19(2) in relation to a list of electors, the Revising Officer or Assistant Revising Officer shall –
(a) if the objector appears in person at the inquiry, consider the objection and any evidence available on it and decide whether the person objected to is proved to the Officer's satisfaction not to be entitled to have the person's name retained on the list; and
(b) otherwise, decide that the name of the person objected to shall be retained on the list.
(2) Notwithstanding subsection (1)(b), the Revising Officer or Assistant Revising Officer shall decide that the name of a person objected to is to be deleted from the list if –
(a) the person agrees to the person's name being deleted; or
(b) it is proved that the person is dead.
"Handling of Commission objections at public inquiry"
"20D. (1) At a public inquiry into an objection made by the Commission under section 19A(2) in relation to a list of electors, the Revising Officer or Assistant Revising Officer shall –
(a) if the person objected to or a representative of the person appears at the inquiry, consider the objection and any evidence available on it (which shall include the person's opinion about where the person is entitled to be registered) and decide whether the person is proved to the Officer's satisfaction not to be entitled to have the person's name retained on the list; and
(b) otherwise, decide that the person's name shall be deleted from the list.
"Record of decisions"
"21. A Revising Officer or Assistant Revising Officer holding a public inquiry into claims and objections made under sections 19 and 19A in relation to a list of electors shall –
(a) record the Officer's decisions about the insertion, retention or deletion of names from the list, in a form approved by the Commission; and
(b) send the record of decisions, together with the notices of the claims and objections to which the decisions relate, to the Commission;
as soon as practicable after the end of the public inquiry period for the list under section 20A(1).
"Settlement of lists of electors"
"22. The Commission shall, within a reasonable period after receiving the record of decisions and notices referred to in section 21, alter the relevant list made by the Commission under section 18(1) in accordance with the record.
"Register of electors"
"22A. (1) The list or lists of electors for each ward in a registration area –
(a) made by the Commission under section 18(1); or
(b) if any claims or objections were made in relation to a list under section 19 or 19A, made by the Commission under section 18(1) and altered by the Commission under section 22;
constitute the register of electors for the registration area, until replaced by a register made following a subsequent application of this Part.
(2) The register is prima facie evidence of whether a person is entitled to vote at an election. However, nothing in this Act entitles a person to vote at any election if the person is not qualified to do so, or is disqualified from voting by a law in force in Solomon Islands.
(3) The register, and any lists made by the Commission in preparing the register, may be made and maintained in any form or forms (including electronic) the Commission considers appropriate."
Section 23 amended
13. Section 23 of the principal Act is amended –
(a) by repealing subsection (1); and
(b) in subsection (2), by omitting "on the first day of January, or as soon thereafter as may be practicable" and substituting "on a day determined by the Commission"; and
(c) in subsection (2)(b), by omitting "strike off from the book the name of that person" and substituting "inform the Commission that the person's name is to be deleted from the register"; and
(d) by inserting the following subsection (2A) after subsection (2) –
"(2A) For the purposes of subsection (2)(a), section 19A(1) is modified as follows –
"(1) In the course of making a list under subsection 18(1) of electors for a ward or part of a ward in a registration area, the Commission shall determine whether it appears that any person who has claimed to be entitled to be registered as an elector in the ward –
(a) has made another claim or claims in relation to another part of the ward or another ward in the registration area; or
(b) is already registered as an elector in another part of the ward or another ward in the registration area; or
(c) if the Commission is also updating the register for another registration area, has made another claim or claims in relation to that other registration area or is already on the register for a ward in that other registration area."; and
(e) in subsection (3), by omitting "he shall enter the name of such person in the book" and substituting "the Registration Officer shall inform the Commission that the person's name is to be inserted in the register"; and
(f) by repealing subsection (4) and substituting the following subsection –
"(4) The Commission shall, if informed by a Registration Officer under this section that a person's name is to be deleted from or inserted in the register –
(a) alter the register accordingly; and
(b) publish annually, in a manner it considers appropriate, a list showing the names deleted from or inserted in the register."
New section 23A inserted
14. The principal Act is amended by inserting the following section after section 23 –
"Second Schedule forms"
"23A. For the purposes of this Part, a reference to a form in the Second Schedule is taken to include a reference to a form approved by the Commission that is substantially the same as that form."
Section 34 amended
15. Section 34 of the principal Act is amended –
(a) by inserting the following subsection after subsection (2) –
"(2A) If the presiding officer reasonably considers that the number of ballots likely to be cast at the station will exceed the capacity of a single ballot box, the presiding officer shall provide as many additional sealed and secured ballot boxes in the station as the officer reasonably considers might be needed."; and
(b) in subsection (3), by inserting "that is to be used on commencement of the voting" after "the empty ballot box"; and
(c) by adding the following subsections –
"(4) If at any time during the voting the ballots cast fill the ballot box in use, the presiding officer shall –
(a) seal the filled ballot box with the presiding officer's own seal, unopened and sealed so as to prevent the addition of further ballot; and
(b) then show to the electors present the empty ballot box that is to be used next, so that they may see that it is empty; and
(c) then close and seal the empty box in a way that will prevent it being opened without breaking the seal.
(5) The presiding officer shall ensure that only one ballot box is being used at any particular time."
Section 38 amended
16. Section 38 of the principal Act is amended in paragraph (g) by deleting "no other person being present or within hearing" and substituting "in the presence of a police officer or another polling assistant".
Section 44 amended
17. Section 44 of the principal Act is amended by inserting the following subsection after subsection (2) –
"(2A) The Returning Officer shall, before the counting of votes begins, advise any Assistant Returning Officers for the electoral constituency of the name of any person appointed as the counting agent for a candidate in the constituency."
Section 46 amended
18 Section 46 of the principal Act is amended –
in subsection (1), by omitting "in each ward"; and
in subsection (2), by omitting "balloting" and substituting "counting".
Section 50 amended
19. Section 50 of the principal Act is repealed and substituted by the following section –
"Votes to be counted if intention is clear
"50. (1) A ballot paper shall be counted if it is clear which candidate the voter intended to vote for.
(2) The determination of a ballot paper under subsection (1) shall be done in the presence of a police officer and counting agents for candidates in that constituency.
(3) Notwithstanding subsection (1), the following ballot paper shall not be counted —
(a) a ballot paper which does not bear an official mark; or
(b) a ballot paper on which anything is written or marked by which an elector can be identified other than the printed matters.".
Section 51 amended
20. Section 51 of the principal Act is amended by omitting "section 50" and substituting "section 50(3)".
Second Schedule substitute
21. The Second Schedule to the principal Act is repealed and the following Second Schedule is substituted –
"SECOND SCHEDULE
(Section 16)
FORMS
FORM A
National Parliament Election Provisions Act, Section 16
NOTICE TO PERSONS ENTITLED TO VOTE
All persons who claim to be entitled to be registered as electors in the Registration Area and who are qualified to be and are desirous of being so registered are hereby required to deliver to me or to an Assistant Registration Officer a claim in the prescribed form.
Prescribed forms are available free of charge from me and from an Assistant Registration Officer at the addresses set out below.
Completed forms shall be delivered on or before this...day of ... 20....
Name of Registration Officer:
Address of Registration Officer:
Names and Addresses of Assistant Registration Officers:
Dated this ................... day of .................................. 20......
FORM B
National Parliament Electoral Provisions Act, Sections 16 and 17
CLAIM TO BE REGISTERED AS AN ELECTOR
I, [First name/s]..................... [Other name/s] ..................................
[Family name]..................... of [residential area]...........................claim to be entitled to be registered as an elector
in:
Province:............................................................... Constituency:..........................................
Ward:........................................................................... Village/Area:.....................................................
My particulars are as follows:
| Female |
Mother's family name ...................................
Have you previously registered during any previous voter registration?
Yes [ ] – if YES, complete questions on the back of this sheet, and then continue to the declaration below
No [ ] - if NO continue on to the declaration below.
DECLARATION TO BE SIGNED BY APPLICANT
I am a citizen of Solomon Islands.
I am aged 18 years or more.
I have not registered in any other place during this registration period.
I have listed on the back of this form the places where I was previously registered as an elector, and I hereby authorise the Commission to delete my name from the register of voters for those places.
Under section 55 of the Constitution, I am eligible to register for the election of a member of the National Parliament for the constituency and province named above.
I declare that all the information I have given on this form is true and complete.
Signature or Mark of Applicant: .............................................................
Date: ....... /....../........
WITNESS:
Marked in the presence of: (Registration Officer/Assistant Registration Officer/Registration Assistant/Other) (circle correct person)
Signature or Mark:...................................................
Name:..............................................................
Title:................................................................
Page 1
_____________________________________________________
Complete as many sections as necessary, and then return to the declaration over the page
A. I previously registered under the name of: ..................... in:
Province:..................................................
Constituency:.................................................
Ward:........................................................
Village/town:...................................................
In ......................................................... (year if known)
B. I previously registered under the name of: ..................... in:
Province:..................................................
Constituency:.................................................
Ward:........................................................
Village/town:...................................................
In ......................................................... (year if known)
C. I previously registered under the name of: ..................... in:
Province:..................................................
Constituency:.................................................
Ward:........................................................
Village/town:...................................................
In ......................................................... (year if known)
D. I previously registered under the name of: ............... .............in:
Province:..................................................
Constituency:.................................................
Ward:........................................................
Village/town:...................................................
In ......................................................... (year if known)
E. I previously registered under the name of:........................ in
Province:..................................................
Constituency:.................................................
Ward:........................................................
Village/town:...................................................
In ......................................................... (year if known)
Now return to the declaration over the page
Page 2
________________________________________________________
FORM C
National Parliament Electoral Provisions Act, Section 18
PROVISIONAL LIST OF ELECTORS FOR DISPLAY FOR CLAIMS FOR OMISSION AND OBJECTIONS PERIOD
Constituency .............................................
Ward ...............................
| Voter number | First name(s) | Other name(s) | Family name | Gender M/F | Address |
| | | | | | |
| | | | | | |
| | | | | | |
________________________________________________________
FORM C1
National Parliament Electoral Provisions Act, Section 18
PROVISIONAL LIST OF ELECTORS FOR USE BY REVISING OFFICER
Constituency............................................. Ward.................................................
| Voter number | First name(s) | Other name(s) | Family name | Gender M/F | Mother's name | Father's Name | DOB | Place of birth | Address | Remarks |
| | | | | | | | | | | |
| | | | | | | | | | | |
| | | | | | | | | | | |
________________________________________________________
FORM D
National Parliament Electoral Provisions Act, Section 19
CLAIM TO BE REGISTERED AS AN ELECTOR
I, [First name/s].................. [Other name/s]...................................
[Family name].................. of [residential area]...............
claim to be registered as an elector in:
Province:............................................................
Constituency:....................................
Ward:............................................................
Village/Area:.....................................................
My particulars are as follows:
| Male | Female |
Father's family name ...........................................
Mother's family name ...................................
I delivered a notice of claim to be registered as an elector ...... on....
My name has been omitted from the list of electors for the above ward and village, and I claim to have my name inserted.
Have you previously registered as an elector in any other place?
Yes [ ] – if YES, complete questions on the back of this sheet, and then continue to the declaration below
No [ ] - if NO continue on to the declaration below.
DECLARATION TO BE SIGNED BY APPLICANT
I am a citizen of Solomon Islands.
I am aged 18 years or more.
I have listed on the back of this form the places where I was previously registered as an elector, and I hereby authorise the Commission to delete my name from the register of voters for those places.
Under section 55 of the Constitution, I am eligible to register for the election of a member of the National Parliament for the constituency and province named above.
I declare that all the information I have given on this form is true and complete.
Signature or Mark of Applicant:
.............................................................
Date: ....... /....../........
WITNESS:
Marked in the presence of: (Registration Officer/Assistant Registration Officer/Registration Assistant/Other) (circle correct person)
Signature or Mark:......................................................
Name:..............................................................
Title:................................................................
Page 1
________________________________________________________
Complete as many sections as necessary, and then return to the declaration over the page
F. I previously registered under the name of: .....................in
Province:..................................................
Constituency:.................................................
Ward:........................................................
Village/town:...................................................
In ......................................................... (year if known)
G. I previously registered under the name of: ...........................in
Province:..................................................
Constituency:.................................................
Ward:........................................................
Village/town:...................................................
In ......................................................... (year if known)
H. I previously registered under the name of: ........................in
Province:..................................................
Constituency:.................................................
Ward:........................................................
Village/town:...................................................
In ......................................................... (year if known)
I. I previously registered under the name of:........................ in
Province:..................................................
Constituency:.................................................
Ward:........................................................
Village/town:...................................................
In ......................................................... (year if known)
I previously registered under the name of: ..................... in
Province:..................................................
Constituency:.................................................
Ward:........................................................
Village/town:...................................................
In ......................................................... (year if known)
Now return to the declaration over the page
Page 2
________________________________________________________
FORM E
National Parliament Electoral Provisions Act, Section 19
NOTICE OF OBJECTION BY ANOTHER ELECTOR
I, [First name/s]............ [Other name(s)] .........................................
[Family name]........................of [address] ...........................
being a person whose name appears on the list of electors for
Province:............................................................................
Constituency:.....................................................
Ward:..................................................................
Village/Urban Area:..........................................
do hereby give notice that I object to the name of:
First name(s) ......... Other name(s) ...............Family name ............
being retained on the list of electors for the above-named constituency and ward.
My grounds for objection are:
........................................................................................................................................................................
I declare that all the information which I have given on this form is true and complete.
Signature or mark of applicant: ..................Date:.........
WITNESS:
Marked in the presence of: (Registration Officer/Assistant Registration Officer/Registration Assistant/Other) (circle correct person)
Signature: ......................................................
Name:..............................................................
Title:................................................................
A copy of this form is to be given to the person objected to at least 4 days before the inquiry is to be held on this objection
FORM E1
National Parliament Electoral Provisions Act, Section 19A
NOTICE OF OBJECTION BY SOLOMON ISLANDS ELECTORAL COMMISSION (SIEC)
The Solomon Islands Electoral Commission hereby objects to the inclusion of
First name(s).........Other name(s) ...............Family name ...............in the list of electors for:
Province:...............................................................
Constituency:.....................................................
Ward:..................................................................
Village/Area:.....................................................
on the grounds that he or she is also registered as an elector for:
Province:..........................................................
Constituency:.....................................................
Ward:..................................................................
Village/Area:.....................................................
Province:...............................................................
Constituency:.....................................................
Ward:..................................................................
Village/Area:....................................................
Province:............................................................
Constituency:....................................................
Ward:..................................................................
Village/Area:..........................................
Province:............................................................
Constituency:.....................................................
Ward:..................................................................
Village/Area:.....................................................
Signed on behalf of the S.I.E.C. by:
Signature: .........................................................
Name:.........................................................
Title:........................................................ Date: ...............
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