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ELECTIONS ACT 1958

ELECTIONS (POSTAL VOTING)
REGULATIONS 2003

PART III

ISSUING OF BALLOT PAPERS

Persons entitled to be present at issue of ballot papers and opening of postal voter's ballot boxes

5. (1) No person other than -
(a) the returning officer and his clerks;

(b) the candidates;

(c) an election agent or person appointed by a candidate to attend in the election agent's place; and

(d) members or officers of the Election Commission,
may be present at the proceedings on the issue of postal ballot papers or the opening of postal voter's ballot boxes.

(2) If a candidate appoints a person under paragraph (1)(c), he shall give notice of the appointment to the returning officer, stating the name and address ofthe person so appointed at any time during the issue of the postal ballot papers or the opening of the postal voters' ballot boxes, as the case may be.

(3) If the person referred to in subregulation (2) dies or becomes incapable of acting, the candidate may appoint another person in his place and shall fotrhwith give to the returning officer notice in writing of the name and address of the person so appointed.

(4) A candidate may himself do any act or thing which any agent of his, if appointed, would have been authorized to do, or may assist his agent in doing any such act or thing.

(5) Where in these Regulations any act or thing is required or authorized to be done in the presence of the candidates or their agents, the non-attendance of any such person or persons at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.

Notice of issue of postal ballot papers

6. (1) The returning officer shall give each candidate or his election agent not less than twenty-four hours' notice in writing of the time and place at which he will issue postal ballot papers.

(2) Where any subsequent issue of postal ballot papers is to be made, the returning officer shall notify each candidate or his election agent as soon as practicable of the time and place at which he will make such subsequent issue.

Marking of postal ballot papers

7. (1) Each postal ballot paper issued shall be perforated or its reverse stamped with the official mark or initialled by the returning officer and the name and number of the elector shall be called out and such number shall be marked on the counterfoil of the ballot papers.

(2) A list shall be made of the persons to whom postal ballot papers have been sent but without showing the particular ballot paper issued.

(3) The number of postal ballot paper shall be marked in Form 2 and on the envelope A.

Documents to be sent to postal voters

8. The returning officer shall send to every postal voter the following documents:
(a) a ballot paper;

(b) Form 2;

(c) an envelope A; and

(d) an envelope B.
Despatch of postal ballot papers

9. All envelopes addressed to postal voters shall be counted and forthwith despatched according to the arrangements previously approved by the Election Commission.

Provision of postal voters' ballot box

10. (1) The returning officer shall, at the proceedings on the original issue of postal ballot papers, provide a ballot box or ballot boxes for the receipt of envelope B when returned by the postal voters.

(2) Every such ballot box shall be shown open and empty to the agents present and shall then be locked by the returning officer and affixed with security tape and signed by the returning officer and the agents present who desire to sign on the security tape.

(3) Every such ballot box shall be numbered and marked "postal voters' ballot box" and with the name of the constituency for which the election is held.

(4) The returning officer shall make arrangements for the safe custody of every such ballot box.

Sealing up of lists of postal voters and counterfpils of ballot papers

11. (1) The returning officer shall, as soon as practicable after the completion of the issue of the postal ballot papers, and in the presence of the agents, make up into separate packets -
(a) the list of postal voters; and

(b) the counterfoils of those ballot papers which have been issued,
and shall affix security tape on such packets.

(2) The packet which has been affixed with the security tape containing the list of postal voters may be opened by the returning officer for the purposes of a subsequent issue, and on completion of the subsequent issue, the list and the counterfoil of the ballot papers which have been issued shall be again made up into separate packets and affixed with security tape in accordance with subregulation (1).

Exercise of postal vote

12. A postal voter who wishes to exercise his postal vote shall exercise it by completing and despatching the ballot paper and Form 2 in accordance with the instructions laid down in such Form to the voter.

Receipt of covering envelope

13. The returning officer shall, immediately on receipt of envelope B before five o'clock in the afternoon of polling day, place it unopened in a postal voters' ballot box which has been locked and affixed with security tape in accordance with regulation 10.