PART IV
ENTITLEMENT TO VOTE
Electors to have one vote and to vote in person.
[16 of 1968]
27. (1) An elector shall be entitled to vote in a polling place at an election if he complies with this Act and with requirements made and directions given there under and if the presiding officer of the polling place at which he applies for a ballot paper is satisfied as to the matters specified in section 79(1).
27. (2) No person shall be entitled to vote in a polling place at an election unless he is entitled to do so under subsection (1).
27. (3) Every elector who votes at an election shall, subject to the provisions of this Act relating to voting by proxy and to the marking of ballot papers on behalf of blind and incapacitated electors, vote at a polling place in person.
27. (4) Without prejudice to the provisions of this Act relating to voting as a proxy and to the marking of ballot papers on behalf of blind and incapacitated electors, no elector shall vote more than once at the election.
Voting to be at
polling place where elector’s
name displayed.
[16 of 1968
Reg. 6/1973
16 of 1985]
28. An elector shall be entitled to vote (whether in person or as a proxy on behalf of another elector) at the polling place where is displayed in pursuance of section 36 the official list of electors or part thereof, as the case may be, on which his name appears; and no elector shall, subject to section 29, be entitled to vote (either in person or as a proxy on behalf of another elector), at any other polling place.
Right of electors in certain cases to vote at other polling places.
[16 of 1968
O. 50/1980
O. 80/1980
15 of 2000]
29. (1) The Commission may by notice published in the Gazette specify divisions or groups of divisions to which subsections (2) and (3) shall apply:
Provided that divisions which form part of different districts shall not be grouped together.
29. (2) An elector whose name appears on the official list of electors of a division which is one of a group of divisions specified by the Commission by notice under this section may vote at any polling place in that group of divisions.
29. (3) An elector whose name appears on the official list of electors of a division which is specified by the Commission by notice under this section may vote at any polling place in that division.
29. (4) An elector who, in the district in which his address as entered in the official list of electors affixed under section 34(2)(a)(iv) is situate is employed as an election officer, member of the Police Force or of the Guyana Defence Force for a purpose connected with the election at a polling place other than that where his name is displayed under section 28 may vote at that polling place if, not later than the day before election day, he obtains from the returning officer of that district a certificate under his hand, in Form 4, authorising him to vote at that polling place, which certificate shall state the name of the elector, the number of his identity paper and the fact that he is to be so employed.
Entitlement to vote by proxy.
[16 of 1968
Reg. 21/1968
6 of 1973
16 of 1985]
30. (1) The following electors shall be entitled to vote by proxy at an election—
30. (1)(a) those unable, or likely to be unable, to go in person to the polling place, at which they are entitled to vote, for any of the following reasons—
30. (1)(a)(i) the particular circumstances of that person’s employment on the election day either as a member of a disciplined force, or as a rural constable, or for a purpose connected with the election, by a returning officer;
30. (1)(a)(ii) the fact that at the election that person is acting as returning officer for a district other than the district in which his address as entered in the official list of electors is situate;
30. (1)(a)(iii) the particular circumstances of that person’s employment on the election day by the returning officer for a district, other than the district in which his address as entered in the official list of electors is situate, for a purpose connected with the election in that district;
30. (1)(a)(iv) the fact that that person is an employee of the Transport and Harbours Department engaged in running a vessel on the election day;
30. (1)(b) a candidate at the election, where he is unable, or likely to be unable, to go in person to the polling place at which he is entitled to vote, by reason of being engaged in any activity connected with the election in a district other than the district in which that polling place is situate;
30. (1)(c) those unable, or likely to be unable, by reason either of blindness or any other physical incapacity, to go in person to the polling place or, if able to go, to vote unaided.
30. (2) Not more than one person shall be appointed to vote as a proxy on behalf of any one elector.
30. (3) No person shall be appointed to vote as a proxy—
30. (3)(a) on behalf of another elector unless he is himself an elector who is entitled to vote at the same polling place as that at which the elector on whose behalf his appointment is sought is entitled to vote;
30. (3)(b) for more than two electors.
30. (4) An elector voting as a proxy on behalf of another elector so shall do at the same polling place and at the same time as he votes on his own behalf.
Application for
appointment of
proxy.
[16 of 1968]
Form 5
31. Every application for any such appointment of an elector to vote as proxy at an election shall—
31. (a) be in writing in Form 5;
31. (b) be addressed to the returning officer of such district as shall comprise the division in which the applicant’s name is displayed under section 34(2)(a)(iv), and be sent to that officer so as to be received by him not later than the 10th day before election day;
31. (c) be accompanied by the consent in writing of the elector, named as proxy therein to his appointment.
Notice of appointment as
proxy and list of proxies.
[16 of 1968
15 of 2000
12 of 2006]
Form 6.
Form 7
32. (1) If a returning officer is satisfied that an application for the appointment of another elector to vote as a proxy on behalf of the applicant has been duly submitted in accordance with section 31 and that the person whose appointment is sought is entitled to vote as a proxy on behalf of the applicant and consents to his appointment, he shall issue to that person a notice of appointment as a proxy in Form 6 and shall notify the applicant accordingly.
32. (2) If the returning officer refuses the application he shall notify the applicant of his refusal and of his reasons therefor.
32. (3) The returning officer of each district shall keep a list of proxies which shall be in Form 7 and shall set out the names, addresses and the serial numbers of the registration records of the electors for whom the proxies have been appointed and of the electors who have been appointed to vote as proxies on their behalf; and the returning officer shall on the request of an election agent allow him, on the 4th day before election day, to inspect and copy the list.
Cancellation of
appointment as proxy.
Form 8.
33. An elector may cancel the appointment of another person to vote as a proxy on his behalf by giving notice in writing in Form 8 addressed and sent to the returning officer who issued the notice of appointment so that the notice of cancellation is received by the returning officer not later than the 10th day before election day; and thereupon the notice of appointment shall be void and the returning officer shall—
33. (a) so notify the elector whose appointment as a proxy is cancelled;
33. (b) delete the names of both electors from the list of proxies.
[PART IV A 33-A to 33K deleted by Act No. 16 of 1985]
PART V
PREPARATION FOR THE POLL
Notice of poll.
[Reg. 6/1973
16 of 1985
15 of 2000]
Form 9.
34. (1) Not later than the 20th day before election day the returning officer of each district shall give a notice of poll which shall be in Form 9 and which shall specify—
34. (1)(a) the day on and the hours between which the poll will be taken; and
34. (1)(b) the situation of each polling place in the district.
34. (2) Not later than the 14th day before election day the returning officer shall—
34. (2)(a) cause to be affixed to one building in each division of his district the following:
34. (2)(a)(i) a copy of the notice of poll;
34. (2)(a)(ii) a copy of each list of candidates published in accordance with section 19;
34. (2)(a)(iii) notification of joinder of any such lists; and
34. (2)(a)(iv) a copy of the official list of electors for that division;
34. (2)(b) cause such further publication of such lists and notification as he may think desirable to bring their contents to the attention of electors in his district.
34. (3) The hours between which the poll shall be taken shall be from 6 o’clock in the forenoon until 6 o’clock in the afternoon at all polling places in all districts unless the Commission shall prescribe different hours, being twelve consecutive hours, for any polling place.
34. (4) Nothing in subsection (2) shall be construed as precluding the returning officer from annexing to the copy of the official list of voters affixed under that subsection copies of such supplementary lists as are mentioned in section 2(4).
Division of official list of electors.
[16 of 1968]
35. Where more than one polling place is established for any division the returning officer of the district in which the division is situated shall apportion in such manner as he thinks fit, between the polling places so established, the entries in the official list of electors for that division and shall compile such lists of electors as comprise the entries allotted to such polling places, respectively; and each list so compiled shall be regarded and dealt with as a part of the said official list.
Display of lists at polling
places.
[16 of 1968
O. 68/1980]
36. The returning officer for each district shall cause to be displayed at every polling place therein a copy of the official list of electors for the division in which that polling place is situate or, as the case may be, a copy of such part of the said list as has been allotted to that polling place under section 35 and the foregoing provisions of this section shall apply mutatis mutandis in the case of any polling place established under subsections (4) and (5) of section 6.
Preparation of
polling places.
[16 of 1968]
37. The returning officer of each district shall before election day cause every polling place in his district to be provided with—
37. (a) such doors, barriers, tables, chairs and other conveniences as are necessary or desirable, or as the Chief Election Officer may direct, for the purpose of implementing this Act;
37. (b) such number of compartments as are necessary or desirable and in which electors can vote free from observation.
Printing of directions for voting and ballot papers.
Form 10.
Form 11.
Form 12
38. The Chief Election Officer shall cause to be printed in Forms 10, 11 and 12 and sent to the returning officer of each district before election day a sufficient number of the following documents—
38. (a) directions for voting;
38. (b) ballot papers;
38(c) tendered ballot papers.
Requirements of
ballot papers.
[16 of 1968]
39. (1) Every such ballot paper shall—
39. (1)(a) contain, serially numbered on the left hand side and in alphabetical order of the initial letters of the title of each list of candidates, the initial letters, title and symbol of each list of candidates;
39. (1)(b) be capable of being folded up;
39. (1)(c) be attached to a counterfoil bearing, printed on the face, a serial number and the words and dots “Elector’s number ….”
39. (2) In the printing of the ballot paper—
39. (2)(a) no letter, word or design shall be printed on the face except the
initial letters, titles and symbols of the lists of candidates;
39. (2)(b) no rule shall be printed on the face except the horizontal rules separating the particulars of the lists of candidates from one another and the vertical rules separating those particulars from the numbers on the left hand side and from the spaces on the right where the symbols are shown and separating the spaces for symbols from the spaces on their right where the vote is to be marked;
39. (2)(c) the whole space between the top and bottom of the paper shall be equally divided between the lists of candidates by rules separating their particulars;
39. (2)(d) the initial letters of each list of candidates shall be printed in large capitals and the full titles of each list in small capitals.
Requirements of ballot paper for geographic
constituencies.
[15 of 2000]
Form 11
39A. (1) Every ballot paper for a geographical constituency shall –
39A. (1)(a) contain, serially numbered on the left hand side, and in alphabetical order of the initial letters of each list of a contesting party, the title and symbol of each contesting party; but the serial numbering on the ballot paper under paragraph (a) and the serial numbering on the counterfoil, under paragraph (c), shall be done in such a manner as to ensure that the two sets of serial numbers cannot be correlated;
39A. (1)(b) be capable of being folded;
39A. (1)(c) be attached to a counterfoil bearing, printed on the face, a serial number and the words and dots-
“Elector’s No………………..in the Official List”
39A. (2) In the printing of the ballot paper –
39A. (2)(a) no letter, word or design shall be printed on the face except the initial letters, title and symbol of the contesting parties;
39A. (2)(b) no rules shall be printed on the face except the horizontal rules separating the particulars of the contesting parties from one another and the vertical rules separating those particulars from the numbers on the left hand side and from the spaces on the right where the symbols are shown and separating the spaces for symbols from the spaces on their right where the vote is to be marked;
39A. (2)(c) the whole space between the top and the bottom of the paper shall be equally divided between the contesting parties by rules separating their particulars;
39A. (2)(d) the initial letters of each contesting party shall be printed in large capitals and the full titles of each in small capitals.
39A. (3) The symbol shall be printed between the parties’ particulars and the vertical rule separating the parties’ particulars from the spaces where the vote is to be marked.
39A. (4) Tendered ballot papers shall be of a different colour from ordinary ballot papers but, subject to difference of colour, this section shall apply to tendered ballot papers as it does to ordinary ballot papers.
39A. (5) The ballot paper shall be in Form 11 in the Schedule
