REFERENDUM (PEOPLE-INITIATED REFERENDUM REGARDING THE PORT)

CAYMAN ISLANDS REFERENDUM (PEOPLE-INITIATED REFERENDUM REGARDING THE PORT) LAW, 2019 (Law 25 of 2019) Supplement No. 2 published with Legislation Gazette No. 41 dated 31st October, 2019. PUBLISHING DETAILS Page 2 Law 25 of 2019 c Referendum (People-initiated Referendum Regarding the Port) Law, 2019 Arrangement of Sections CAYMAN ISLANDS REFERENDUM (PEOPLE-INITIATED REFERENDUM REGARDING THE PORT) LAW, 2019 (Law 25 of 2019) Arrangement of Sections Section Page 1. Short title ...................................................................................................................................6 2. Interpretation .............................................................................................................................6 3. Holding of referendum ...............................................................................................................7 4. Matter of national importance and referendum question.............................................................7 5. Entitlement to vote .....................................................................................................................7 6. Conduct of referendum ..............................................................................................................8 7. Observers ..................................................................................................................................8 8. Legal challenge .........................................................................................................................9 9. Presentation of petition under section 8 and security for costs ...................................................9 10. Trial of petition under section 8 ..................................................................................................9 11. Power of the Judge .................................................................................................................. 10 12. Application of Elections Law (2017 Revision) ........................................................................... 10 13. Expenses of referendum .......................................................................................................... 11 14. Regulations ............................................................................................................................. 11 SCHEDULE 13 Part 1 13 Part 2 27 c Law 25 of 2019 Page 3 Referendum (People-initiated Referendum Regarding the Port) Law, 2019 Section 1 (Law 25 of 2019) CAYMAN ISLANDS I Assent, Martyn Roper Governor Date: 31st October, 2019 REFERENDUM (PEOPLE-INITIATED REFERENDUM REGARDING THE PORT) LAW, 2019 (Law 25 of 2019) A LAW TO PROVIDE FOR THE HOLDING OF A PEOPLE-INITIATED REFERENDUM ON THE ISSUE OF WHETHER THE ISLANDS SHOULD CONTINUE TO MOVE FORWARD WITH THE BUILDING OF THE CRUISE BERTHING AND ENHANCED CARGO PORT FACILITY; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands. 1. WHEREAS section 70(1) of the Constitution of the Cayman Islands provides for people- initiated referendums and that a law enacted by the Legislature shall make provision to hold a referendum amongst persons registered as electors in accordance with section 90 of the Constitution on a matter or matters of national importance that do not contravene any part of the Bill of Rights or any other part of the Constitution; 2. AND WHEREAS, in accordance with section 70(2)(a) of the Constitution of the Cayman Islands, there was presented to the Cabinet a petition signed by not less than twenty-five per cent of persons registered as electors in accordance with section 90 of the Constitution of the Cayman Islands; 3. AND WHEREAS, in accordance with section 70(2)(b) and (c) of the Constitution of the Cayman Islands, the Cabinet shall settle the wording of the referendum question and shall c Law 25 of 2019 Page 5 Referendum (People-initiated Referendum Regarding the Port) Law, Section 1 2019 make a determination on the date for the holding of the referendum in a manner prescribed by this Law: 4. NOW, THEREFORE, it is DECLARED that the matter specified in section 4(1) of this Law is a matter of national importance that does not contravene any part of the Bill of Rights or any other part of the Constitution. 1. Short title 1. This Law may be cited as the Referendum (People-initiated Referendum Regarding the Port) Law, 2019. 2. Interpretation 2. (1) In this Law — “Constitution” means the Constitution set out in Schedule 2 to the Cayman Islands Constitution Orders 2009 to 2016; “counting station” means any room secured by a returning officer for the counting of the votes in respect of a referendum on the day appointed for the holding of the referendum; “Governor” means the person for the time being holding the office of Governor of the Islands, and includes any person for the time being lawfully performing the functions of that office under the Constitution; “lead organisation” means the lead organisation responsible for the presentation of the referendum petition; “observer” means a person appointed under section 7 to observe — (a) the conduct of the referendum; (b) the verification of the ballot paper accounts; and (c) the counting of votes; “polling station” means a place appointed by notice for the holding of the referendum in an electoral district; “presiding officer” means an election officer appointed under section 36 of the Elections Law (2017 Revision) to attend at each polling station to receive the votes; and “voter” means a person who votes or is entitled to vote at the referendum having been so duly qualified as a registered elector pursuant to the Elections Law (2017 Revision). (2) For the purposes of this Law, the expressions “Deputy Supervisor”, “election”, “elector”, “electoral district”, “returning officer” and “Supervisor” have the same meanings, respectively, as in the Elections Law (2017 Revision). Page 6 Law 25 of 2019 c Referendum (People-initiated Referendum Regarding the Port) Law, 2019 Section 3 3. Holding of referendum 3. (1) A referendum shall be held on the matter specified in section 4(1) with each elector being entitled to cast one vote. (2) The Cabinet shall by notice, published in the Gazette, in at least one newspaper circulating in the Islands and on Government websites, appoint a day for the holding of the referendum, being a day not earlier than the thirtieth day after the date of the publication of the notice. 4. Matter of national importance and referendum question 4. (1) The matter of national importance is whether the Islands should continue to move forward with the building of the cruise berthing and enhanced cargo port facility. (2) The Cabinet shall, in accordance with section 70(2)(b) of the Constitution, settle the wording of the referendum question for determining the matter of national importance under subsection (1) within thirty days of the coming into force of this Law. (3) In settling the wording of the referendum question the Cabinet shall, as far as possible, ensure that the referendum question is — (a) clear and simple; (b) directed at the core matter of national importance under subsection (1); (c) unambiguous; and (d) neutral. (4) Upon settling the wording of the referendum question under subsection (2), the Cabinet shall promptly publish the referendum question — (a) by regulations in the Gazette; (b) in at least one newspaper circulating in the Islands; and (c) on Government websites. (5) Cabinet shall prescribe the form of the ballot paper to be used for the purpose of the referendum in the regulations made under subsection (4)(a). (6) The outcome of the referendum shall be binding on the Government and the Legislature if more than fifty per cent of persons registered as electors pursuant to the Elections Law (2017 Revision) vote in the referendum in favour of, or against, the referendum question. 5. Entitlement to vote 5. The persons entitled to vote in the referendum are those persons who on the day of the holding of the referendum — c Law 25 of 2019 Page 7 Referendum (People-initiated Referendum Regarding the Port) Law, Section 6 2019 (a) are registered as electors in accordance with section 90 of the Constitution; and (b) would be entitled to vote as electors at an election in an electoral district in accordance with the Elections Law (2017 Revision). 6. Conduct of referendum 6. (1) The functions which, in relation to an election, are conferred on the Supervisor or a Deputy Supervisor by the Elections Law (2017 Revision) shall, in relation to the referendum, be discharged by those officers respectively. (2) The Supervisor shall, in addition to the functions conferred on the Supervisor by subsection (1), be responsible, together with the returning officers, for conducting the count of votes cast in the referendum and for certifying the total of the ballot papers and the respective answers relating to the referendum. (3) The Governor shall, by instrument in writing, appoint such persons as may be necessary — (a) as returning officers for the purpose of conducting the referendum in an electoral district; and (b) to assist the Supervisor in conducting the count of votes cast in the referendum. (4) Subject to subsection (2), the functions which in relation to an election are conferred respectively on returning officers, presiding officers, poll clerks, field officers and logistics officers by the Elections Law (2017 Revision) shall, in relation to the referendum, be discharged by those officers respectively. 7. Observers 7. (1) The Governor may, by instrument in writing, appoint persons to observe the conduct of the referendum, the verification of the ballot paper accounts and the counting of the votes. (2) The Premier and the Leader of the Opposition may each, by instrument in writing, appoint in respect of each polling station and each counting station, two persons to be observers to observe the conduct of the referendum, the verification of the ballot paper accounts and the counting of the votes. (3) The lead organisation may, by instrument in writing, appoint in respect of each polling station and each counting station, two persons to be observers to observe the conduct of the referendum, the verification of the ballot paper accounts and the counting of the votes. Page 8 Law 25 of 2019 c Referendum (People-initiated Referendum Regarding the Port) Law, 2019 Section 8 8. Legal challenge 8. (1) A court shall not entertain any proceedings for questioning the number of ballot papers or votes cast in the referendum as certified by the Supervisor based on returns as certified by the returning officers, unless the proceedings are brought in accordance with this section. (2) The proceedings shall be brought by a claim made by way of petition, filed in the Grand Court before the end of the permitted period. (3) A petition may only be presented to the Grand Court by a person who voted in the referendum. (4) In subsection (2), the “permitted period” means the period of twenty-one days starting with — (a) the date on which a certificate as to the matters mentioned in subsection (1) is given by the Supervisor; or (b) if there is more than one such certificate, the date on which the last such certificate is given. 9. Presentation of petition under section 8 and security for costs 9. The following provisions apply with respect to the presentation of a petition under section 8 — (a) the petition shall be presented within twenty-one days after the return made by the Supervisor unless the petition questions the return upon an allegation of corrupt practices and specifically alleges a payment of money or other reward to have been made by or on account of an elected member of the Legislative Assembly, the lead organisation or any other organisation involved in campaigning for the referendum, since the time of such return, in pursuance or in furtherance of such corrupt practices, in which case the petition may be presented at any time within twenty-eight days after the date of such payment; (b) at the time of the presentation of the petition, or within three days afterwards, security for the payment of all costs, charges and expenses that may become payable by the petitioner — (i) to any person summoned as a witness on the petitioner’s behalf; or (ii) to any other person named as a respondent in the petition, shall be given on behalf of the petitioner; and (c) the security shall be in an amount of three thousand dollars and shall be given by deposit of money in the Grand Court. 10. Trial of petition under section 8 10. (1) Every petition made under section 8 shall be tried in the same manner as an action in the Grand Court by a Judge sitting alone. c Law 25 of 2019 Page 9 Referendum (People-initiated Referendum Regarding the Port) Law, Section 11 2019 (2) At the conclusion of the trial the Judge shall determine whether or not the outcome of the referendum was void or not and shall certify such determination to the Governor. (3) Upon the Judge’s certificate being given, the determination shall be final; and the return shall be confirmed or altered, or a writ for a referendum issued, as the case may require, in accordance with such determination. 11. Power of the Judge 11. At the trial of a petition under section 8, a Judge shall, subject to this Law, have the same powers, jurisdiction and authority, and witnesses shall be subpoenaed and sworn in the same manner, as nearly as circumstances admit, as in the trial of a civil action in the Grand Court, and such witnesses shall be subject to the same penalties for perjury. 12. Application of Elections Law (2017 Revision) 12. (1) For the purposes of the referendum, votes shall be cast, and the proceedings shall be conducted, so far as may be, as if the referendum was an election of members to the Legislative Assembly and the Elections Law (2017 Revision) and any rules in force under that Law shall, for those purposes, be construed accordingly, but any reference to a candidate, nomination, agent, election agent, polling agent or counting agent shall, unless the context otherwise requires, be disregarded. (2) Without prejudice to subsection (1), the provisions of the Elections Law (2017 Revision) and the Elections Rules (2017 Revision) specified in column 1 of the Schedule shall apply in connection with the referendum, subject to the modifications or exceptions specified in relation to those provisions in column 2 of that Schedule. (3) Unless the contrary intention appears in this Law and in the provisions of the Elections Law (2017 Revision) applied by this Law — (a) a reference to an election or poll shall be construed as a reference to the referendum; (b) a reference to an electoral district shall be construed as a reference to the area for which the relevant returning officer acts; (c) a reference to polling day shall be construed as a reference to the day appointed for holding the referendum; and (d) a reference to a ballot paper shall be construed as a reference to the ballot paper to be used for the purpose of the referendum. (4) The Cabinet may by Order amend the Schedule. Page 10 Law 25 of 2019 c Referendum (People-initiated Referendum Regarding the Port) Law, 2019 Section 13 13. Expenses of referendum 13. Expenses properly incurred by, and remuneration and travelling allowances payable to, election officers carrying out functions under this Law shall be defrayed out of the general revenue of the Islands. 14. Regulations 14. The Cabinet may make regulations — (a) to provide for the conduct of the referendum as may appear to be necessary or expedient; and (b) to provide for any other matter, as may appear to be necessary or expedient for the purpose of giving effect to this Law. c Law 25 of 2019 Page 11 Referendum (People-initiated Referendum Regarding the Port) Law, 2019 SCHEDULE SCHEDULE (section 12) Part 1 Application and Modification of Provisions of the Elections Law (2017 Revision) Provision applied Modification and subject matter section 2 In subsection (1), insert the following definitions in the appropriate (Definitions and alphabetical sequence— interpretation) “ “observer” means a person appointed by instrument by the Governor, the Premier, the Leader of the Opposition and a lead organisation to observe — (a) the conduct of the referendum; (b) the verification of the ballot paper accounts; and (c) the counting of votes; and “voter” means a person who votes or is entitled to vote at the referendum having been so duly qualified as a registered elector pursuant to the Elections Law (2017 Revision);”. section 20 Omit. (Electors registration cards) PART III Omit. (Registration of Political Parties) section 28 Omit and substitute - (Issue of writs for “28. (1) On the issue of the notice of the appointed day for the holding elections) holding of the referendum under section 3(2) of the Referendum (People-initiated Referendum Regarding the Port) Law, 2019, the Supervisor shall by notice published in the Gazette appoint the polling stations for the holding of the referendum in an electoral district. (2) The places appointed for the holding of a referendum in an electoral district shall each be a convenient building c Law 25 of 2019 Page 13 Referendum (People-initiated Referendum Regarding the Port) Law, SCHEDULE 2019 Provision applied Modification and subject matter or part of a building so determined by the Supervisor within, or in the opinion of the Supervisor conveniently near, the boundary of the electoral district concerned, not being a building licensed for the sale of intoxicating liquor.”. section 29 Omit and substitute - (Nominations) “29. (1) The Supervisor shall — (a) establish counting stations for counting the votes cast in the referendum; and (b) give notice of the holding of the referendum, specifying in the notice — (i) the date and time for the holding of the referendum; (ii) the locations of the polling stations in an electoral district; (iii) the location of the counting station; and (iv) the date and time when the number of votes cast in the referendum shall be counted. (2) A notice under subsection (1)(b) shall be published in the Gazette and in at least one newspaper circulating in the Islands.”. section 30 Omit. (Offences in respect of nomination papers) section 31 Omit. (Withdrawal or death of candidate) section 32 Omit. (Deposits) section 33 Omit. (When deposit forfeited or returned) Page 14 Law 25 of 2019 c Referendum (People-initiated Referendum Regarding the Port) Law, 2019 SCHEDULE Provision applied Modification and subject matter section 34 Omit. (Contested elections, publication of date and place, etc.) section 35 In subsection (1) omit the words “section 34(2) for the taking of the (Polling stations) poll” and substitute the words “section 29(1)(b)(i) for the holding of the referendum”. section 36 In subsection (1) omit the words “, but he shall not so appoint any (Presiding officers) person who has been employed by or on behalf of a candidate in or about the election”. section 40 Omit and substitute - (Polling and “40. An observer, on being admitted to a polling station, shall take counting agent) an oath in Form 25A to keep secret the manner in which any of the voters has marked the voter’s ballot paper in the observer’s presence.”. section 41 Omit subsection (2) and substitute - (Taking of poll and “(2) The ballot of each voter shall be a printed paper in the the ballot) form set out in the Regulations made under section 4(4)(a) of the Referendum (People-initiated Referendum Regarding the Port) Law, 2019 and each ballot paper shall have a serial number printed on the back and shall have attached to it a counterfoil with the same serial number printed on the face and there shall be a line of perforations between the ballot paper and the counterfoil.”. Omit subsection (3). section 44 Omit. (Restriction on voting) section 45 In subsection (1) omit the words “candidates, their agents,” and (Proceedings at substitute the word “observers”. c Law 25 of 2019 Page 15 Referendum (People-initiated Referendum Regarding the Port) Law, SCHEDULE 2019 Provision applied Modification and subject matter poll) In subsection (4) omit the words “agent of a candidate” and substitute the word “observer”. section 46 In subsection (2) omit the words “agents aforesaid” and substitute (Who are to be the word “observers”. admitted within polling stations) section 47 In subsection (3) omit the words “within the space to the right of (General mode of the name of the candidate or each candidate for whom” and taking ballot) substitute the words “in the space to the right of the answer for which”. section 48 In subsection (1) omit the words “a candidate or his agent” and (Questions which substitute the words “an observer”. may be put to elector) section 49 Omit subsection (2)(c) and substitute - (Mode of taking “(c) any objections made by an observer.”. ballot in special cases) section 55 In subsection (2) omit the words “, one of the candidates or an (Who may vote) agent of a candidate” and substitute the words “or an observer”. section 56 Omit and substitute - (Who may be “56. The following persons shall be permitted to remain in the present) polling station during the time the poll remains open — (a) the presiding officer; (b) the poll clerk; (c) the Supervisor; (d) the Deputy Supervisors; (e) the returning officer of the electoral district; (f) the observers; (g) the constables in uniform on duty; and (h) such field officers, logistics officers, emergency personnel and other persons as may be authorised in writing by the Supervisor.”. Page 16 Law 25 of 2019 c Referendum (People-initiated Referendum Regarding the Port) Law, 2019 SCHEDULE Provision applied Modification and subject matter section 57 In subsection (1)(a) insert after the words “seal the ballot boxes” (Proceedings at the the words “so as to prevent the introduction of additional ballot close of the poll) papers”. Insert after subsection (1) the following subsections — “(1A) The presiding officer shall endorse on each sealed envelope under subsection (1) the name of the electoral district. (1B) For the purposes of this Law, “envelope” shall have the same meaning as “packet”.”. In subsection (2) omit the words “candidate or agent” and substitute the word “observers”. Omit subsection (3). section 58 Omit subsections (1) and (2) and substitute - (The count) “ (1) Each returning officer or deputy returning officer, as the case may be, shall, upon receipt of each of the ballot boxes, place the required seal thereon in the presence of the observers (or, if no observers are present, then in the presence of two electors), and shall then take every precaution for its safekeeping until the count commences. (1A) Upon receipt of a sealed ballot box from a returning officer under section 57(2), the Supervisor shall break the seal thereon in the presence of observers and of any other persons who are lawfully in the counting station at that time and place all the ballot papers therein contained in the appropriate ballot box which shall be provided, and in such box all the ballot papers removed from the ballot boxes for the electoral districts in the referendum shall be placed and mixed together then separated into segments for the purpose of being counted. (2) When all the ballot boxes from all the polling stations have been received by the Supervisor and dealt with in accordance with subsection (1A), and not before, the Supervisor or the returning officer shall, in the presence of such of the observers as are present, or, if no c Law 25 of 2019 Page 17 Referendum (People-initiated Referendum Regarding the Port) Law, SCHEDULE 2019 Provision applied Modification and subject matter observers are present, two electors — (a) record and count the number of votes (allowing the observers or, in the absence of the observers, the two electors present, full opportunity to see such votes but not the official number on the back of the ballot paper) and a poll clerk and not less than two witnesses shall be supplied with tally sheets upon which they may keep their own scores as each vote is called out by the returning officer; and (b) reject all ballot papers — (i) which have not been marked; or (ii) upon which there is any writing or mark by which the elector could be identified, but no ballot paper shall be rejected on account of any writing, number or mark placed thereon by any presiding officer.”. Omit subsections (7) to (13) and substitute - “(7) Where, in the course of counting the votes, the returning officer discovers that the presiding officer has omitted to affix the presiding officer’s initials to any ballot paper as provided by section 47(1), the returning officer shall, in the presence of the poll clerk and such of the observers as are present, affix the returning officer’s initials to such ballot paper and shall count such ballot paper as if it had been initialled by the presiding officer in the first place, provided that the returning officer is satisfied that the ballot paper is one that has been supplied by the presiding officer, and also that every ballot paper supplied to such presiding officer has been accounted for as provided under section 57(1)(f). (8) Where a vote is marked — (a) otherwise than in the proper place; (b) otherwise than with an X; or (c) by more than one mark, the vote is valid if it clearly appears that it was intended for a particular answer, and that answer shall be awarded the vote accordingly. Page 18 Law 25 of 2019 c Referendum (People-initiated Referendum Regarding the Port) Law, 2019 SCHEDULE Provision applied Modification and subject matter (9) The returning officer shall keep a record, on the special form printed in the poll book, of every objection made by an observer or a voter present, to any ballot paper found in a ballot box, and shall decide every question arising out of the objection. (10) Every objection under subsection (9) shall be numbered and a corresponding number shall be placed on the back of the ballot paper and initialled by the returning officer. (11) The decision of the returning officer under subsection (9) shall be final, subject to reversal on petition under section 85 questioning the return. (12) Every ballot paper not rejected by the returning officer shall be counted and a list shall be kept of — (a) the number of votes for the respective answers relating to the referendum; and (b) the number of rejected ballot papers. (13) The returning officer shall put into one packet the rejected ballot papers and put into another packet the remaining used ballot papers, and both packets shall be sealed by the returning officer and may be signed by such observers or witnesses present who desire to sign the packets. (14) Where an observer is not satisfied with the accuracy of the count of any segment of the count, the observer may, on completion of the count of that segment, immediately demand a recount which shall be carried out in the same manner as the original count, but no observer may demand such a recount more than once in respect of any segment of the count.”. section 60 In subsection (1) omit the words “any elector to vote for any (Influencing candidate or to ascertain for what candidate any elector” and electors to vote for substitute the words “how any voter will vote or to ascertain the any candidate) manner in which any voter”. section 61 Omit and substitute - (Election return) “61. (1) The Supervisor shall keep in safe custody — (a) the notice appointing a day for the holding of the c Law 25 of 2019 Page 19 Referendum (People-initiated Referendum Regarding the Port) Law, SCHEDULE 2019 Provision applied Modification and subject matter referendum, with the return showing the answer declared to be mandated in accordance with section 58; (b) a report of the Supervisor’s proceedings showing the number of votes cast for the respective answers relating to the referendum, and making such observation as the Supervisor may think proper as to the state of the referendum papers as received from the presiding officer; (c) information relating to the number of persons to whom, it appears from the counterfoils, ballot papers have been supplied in the electoral district; (d) the reserve supply of undistributed blank ballot papers; (e) the poll book used at each polling station, a packet containing the counterfoils and unused ballot papers, a packet containing the used ballot papers (other than the rejected ballot papers), a packet containing the spoiled ballot papers, a packet containing the rejected ballot papers and a packet containing the official list of voters used at the polling stations, and the written appointments of the observers; and (f) any other documents used for the referendum. (1A) The Supervisor shall, for the purposes of determining the final threshold provided for in section 70(3) of the Constitution, adjust the official list in accordance with information — (a) provided under section 19(1); or (b) received by the Supervisor that confirms the duplication of an elector’s name on the official list, before making a declaration under subsection (2). (2) Where the result of the poll has been ascertained, the Supervisor shall forthwith publicly declare that result and shall subsequently by notice published in the Gazette, publish the result.”. section 62 In subsections (1)(a), (3) and (5) omit the word “election” wherever Page 20 Law 25 of 2019 c Referendum (People-initiated Referendum Regarding the Port) Law, 2019 SCHEDULE Provision applied Modification and subject matter (Custody of election it appears and substitute the word “referendum”. documents) Omit subsection (2) and substitute - “(2) Where proceedings have been brought questioning the number of ballot papers or votes cast in a referendum, the Supervisor shall, on the order of the court, deliver to the court the documents relating to the referendum.”. Omit subsection (4) and substitute - “(4) The referendum documents in the custody of the Supervisor shall not be inspected or produced except on the order of a Judge of the Grand Court. (4A) An order under subsection (4) may be made by the Judge where the Judge is satisfied by evidence on oath that the inspection or production of such referendum documents is required for the purpose of instituting or maintaining a prosecution for an offence in relation to a referendum or for the purpose of proceedings which have been brought questioning the number of ballot papers or votes cast in the referendum.”. PART V Omit. (Election Expenses) section 74 Omit subsection (2) and substitute - (Regulation of “(2) The provisions of this Part shall, with the necessary political broadcasts) changes being made, apply in respect of a referendum as they apply to an election.”. section 81(2) Omit subsection (2) and substitute - (Regulation of Statistical “(2) The provisions of this Part shall, with the necessary Information) changes being made, apply in respect of a referendum as they apply to an election.”. PART VIII Omit. (Election Petitions) section 91 Omit (Intoxicating liquor not to be sold or c Law 25 of 2019 Page 21 Referendum (People-initiated Referendum Regarding the Port) Law, SCHEDULE 2019 Provision applied Modification and subject matter given) section 94 In subsection (2) omit the words “candidate, or of the political or (Loudspeakers, other opinions entertained or supposed to be entertained by such ensigns, banners, candidate” and substitute the words “specific result at the advertisements, etc., referendum”. prohibited on In subsection (3)(a) omit the words “particular candidate or group polling day) of candidates” and substitute the words “specific result at the referendum”. In subsection (3)(b) omit the words “candidate or group of candidates” and substitute the words “person, group or political party”. Omit subsection (4). section 95 In subsection (1)(c) and (d) omit the words “the return of any (Definition of person as an elected member of the Assembly, or the vote of any bribery) elector at any election” and substitute the words “a specific result at the referendum”. Omit subsection (3)(a) and (c). section 102 Omit subsection (1)(b). (Illegal practices In subsection (1)(c) omit the words “called for the purpose of and penalties) promoting the election of a candidate as a member to serve in the Assembly” and substitute “called in relation to the referendum”. Omit subsection (1)(d) and substitute - “(d) acting in a personal capacity or in the capacity of a director of any corporate body or association, before or during the referendum for the purpose of affecting the results of the referendum, makes or publishes any false statement of fact in relation to the referendum,”. Form 1 in Schedule Omit the words “Objections, if any, made on behalf of any 2 candidate” and substitute the words “Objections, if any, made by an (Poll Book) observer”. Form 21 in Omit and substitute - Schedule 2 “FORM 21 (Oath of presiding Page 22 Law 25 of 2019 c Referendum (People-initiated Referendum Regarding the Port) Law, 2019 SCHEDULE Provision applied Modification and subject matter officer) (section 36(2)) OATH OF PRESIDING OFFICER I, ___________________________________ the undersigned, appointed presiding officer for the polling station at_______________________ in the _________________ electoral district swear that I will act faithfully in my capacity as presiding officer, according to law, without partiality, fear, favour or affection, and that I will keep secret the manner in which any of the voters in the above-mentioned polling station marks that voter’s ballot in my presence at this referendum. SO HELP ME GOD. _________________________ Presiding Officer Sworn before me at _____________ this _____day of ____________, 20__.”. Form 23 in Omit and substitute - Schedule 2 “FORM 23 (Oath of poll clerk) (section 37(2)) OATH OF POLL CLERK I, ___________________________________ the undersigned, appointed poll clerk for the polling station at_______________________ in the __________________________ electoral district swear that I will act faithfully in my capacity as poll clerk and also in my capacity as presiding officer if required to act as such, according to law, without partiality, fear, favour or affection and that I will keep secret the manner in which any of the voters in the above- mentioned polling station marks that voter’s ballot in my presence at this referendum. SO HELP ME GOD. c Law 25 of 2019 Page 23 Referendum (People-initiated Referendum Regarding the Port) Law, SCHEDULE 2019 Provision applied Modification and subject matter ___________________ Poll Clerk Sworn before me at _____________ this _____day of ____________, 20__.”. Form 24 in Omit and substitute - Schedule 2 “FORM 24 (Direction for the (section 39(2)(e)) guidance of electors) DIRECTION FOR THE GUIDANCE OF VOTERS 1. A voter must not vote at more than one polling station. 2. A voter may vote for 1 answer only. If the voter votes for more than 1 answer the ballot paper is void and none of the votes will be counted. 3. A voter votes for an answer by placing an X to the right of the answer YES NO 4. If a voter marks the ballot paper in any way that will identify the voter the ballot paper will be rejected. 5. After voting, a voter must fold the ballot paper along the line shown on the ballot paper and hand the folded ballot paper to the presiding officer. 6. The presiding officer will, in the full view of those present including the voter, remove the counterfoil from the ballot paper and return the ballot paper to the voter who will deposit the ballot paper in the ballot box; except that where the voter is unable from physical or other disability to deposit the ballot paper in the ballot box, the presiding officer will, on the voter's behalf, deposit the ballot paper in the ballot box. 7. If a voter inadvertently spoils a ballot paper the voter can obtain another one by returning the spoilt one to the presiding officer. 8. A person given a ballot paper must not leave the polling station with the ballot paper. Page 24 Law 25 of 2019 c Referendum (People-initiated Referendum Regarding the Port) Law, 2019 SCHEDULE Provision applied Modification and subject matter 9. After voting, a voter must leave the polling station.”. Form 25A in Omit and substitute - Schedule 2 (Oath of agent of a “FORM 25A candidate) (section 40(4)) OATH OF OBSERVER I _____________________________ the undersigned, observer in the referendum held on this day in the ___________________________ electoral district do swear that I will keep secret the manner in which any voter at this polling station marks that voter’s ballot paper in my presence at this referendum. SO HELP ME GOD. ________________________ Signature Sworn before me at _______________________ this ____ day of _____________, 20__.” Form 30 in Omit and substitute - Schedule 2 (Oath that the “FORM 30 elector is the person (section 55(1)) intended to be referred to in the OATH THAT THE VOTER IS THE PERSON INTENDED official list of TO BE REFERRED TO IN THE OFFICIAL LIST OF electors) VOTERS You swear that you are qualified to vote at this referendum and you are not disqualified from voting at the referendum and that you verily believe that you are the person intended to be referred to by the entry in the official List of Voters used at the polling station, of c Law 25 of 2019 Page 25 Referendum (People-initiated Referendum Regarding the Port) Law, SCHEDULE 2019 Provision applied Modification and subject matter the name ___________________________ whose occupation is given as ________________________________ and whose street address is given as ____________________________________ SO HELP YOU GOD”. Page 26 Law 25 of 2019 c Referendum (People-initiated Referendum Regarding the Port) Law, 2019 SCHEDULE Part 2 Application and Modification of Provisions of the Elections Rules (2017 Revision) Rule applied and subject Modification matter rule 3 (Application to be treated as In the proviso to paragraph (1) omit the words “, absent elector) not being a candidate for election or the agent of such a candidate”. Omit paragraph (6). rule 8 (Form of declaration of Omit paragraphs (2) and (3). identity) rule 9 (Persons entitled to be present Omit and substitute - at the issue and receipt of postal “9. No person other than — ballot papers) (a) the Supervisor; (b) the Deputy Supervisors; (c) a returning officer; (d) a deputy returning officer; (e) a returning officer’s clerk; and (f) the observers, may be present at the proceedings on the issue or receipt of postal ballot papers.”. rule 11 (Notice of issue of postal Omit. ballot papers) rule 15 (Delivery of postal ballot In paragraph (1) insert after the words “Mail paper to post office) Service” the following words - “or such other postal delivery or trackable courier service as may be determined by the Supervisor”. c Law 25 of 2019 Page 27 Referendum (People-initiated Referendum Regarding the Port) Law, SCHEDULE 2019 Rule applied and subject Modification matter rule 25 (Ballot paper for by- Omit. election) Passed by the Legislative Assembly the 30th day of October, 2019. Hon. W. McKeeva Bush Speaker Zena Merren-Chin Clerk of the Legislative Assembly Page 28 Law 25 of 2019 c