Repeal
All Regulations made pursuant to the provisions of The Elections Acts, 1915 to 1925, shall, from the date of the coming into operation of these Regulations, be repealed.
RELATING TO THE ~ G J S T ~ A T I O ~ OF ELECTORS ANH)
~ ~ L ~ T I O ~ OF ELECTORAL ROLLS
Form of rolls (Sections 14 ( 4 ) and 1.5)
1. (1) Annual and supplemental rolls shall be in accordance with the Form A in the Schedule hereto and shall contain the particulars indicated in such form.
Each supplemental roll shall, on the front page thereof, specify the period to which such roll relates.
( 2 ) The names of all persons erased from the roll for an electoral district since the publication of the last preceding annual roll for such district shall, as far as practicable, be printed as an addendum to each
4 Pursuant to reg. 69, all forms under ;these regs. as repubd. herein bear the T Par,t I revoked and new Part I ins. by regs. pubd. Gaz., 11 May, 1945, latest collective title of the Act-n,arnely, the Elections Act 1915-1971.
pp. 1219 et seq.
86 REGULATIONS
supplemental roll prepared for such district. Such addendum shall be in accordance with the Form A1 in the Schedule hereto: Provided that if it is not practicable to print such addendum or a part of such addendum such addendum or part shall be written or typewritten in the said Form A l .
Form of claim for enrolment or application for transfer or change
(Sections 21 ( 2 ) , 23 ( l ) , and 24 ( 1 ) )
"2. Every claim for enrolment or application for transfer from one district to another district or application for change from one division to another division of a district or notification of change of address shall be in accordance with the Form B in the Schedule hereto.
Oficial roll
-[3. Each electoral registrar shall be supplied with an ofKcia1 roll for the district or division as the case may be for which he is appointed.
Such official roll sliall consist of the pages of the annual roll or the annual divisional roll as the case may be with interleaved sheets for the purpose of entering details of new entries made in the roll. Such interleaved sheets shall contain separate columns for entering (i j the authority, whether claim or application to transfer, for making any new entry and the initials of the officer making such entry; (ii) the date of receipt of the claim or application in respect thereto; and (iii) the surname, Christian name, place of living, occupation, and sex of the person whose name has been S O entered in the roll.
All entries and notings made in the official roll shall be made in ink and new entries made pursuant to claims for enrolment or applica- tions for transfer or change shall be written in the appropriate columns in a position in alphabetical order corresponding as near as practicable with the printed page of the annual roll or the annual d i ~ s ~ o n a ~ roll as the case may be.
Unless otherwise directed by the Principal Electoral Officer each electoral registrar shall after the thirty-first day of December in each year continue until the receipt of the official roll for the current year to make in the official roll for the preceding year any erasures, altera- tions and new entries required in respect of the current year using ink of a different colour from that used in making erasures, alterations and new entries in respect of the preceding year. When the official roll for the current year is received the electoral registrar shall transfer thereto all entries and notings relating to such roll which have been made by him in the official roll for the preceding year since the said thirty- first day of December.
Registration of claims and applications for transfer and change (Sections 22, 23 ( 3 j , 24 (3), and 28)
$4. Every electoral registrar shall, on each claim and application received by him, note clearly the date of receipt in the space provided for official notings. If such electoral registrar is satisfied that the
*Printed as amd. by reg. 62 ( a ) pztbd. Gaz., 15 Nov., 1952, p. 1237.
1 Printed as ,amd. by reg. 50 pubd. Gaz., 23 Nov., 1946, p. 1797.
3 Printed as amd. by reg. 56 pubd. Caz., 18 Dec., 1948, pp. 3172 er seq,
REGULATIONS 87
claim or application as the case may be is in order he shall enter the necessary particulars in the official roll for the district or division as the case may be. In respect of each new entry made by him he shall, unless otherwise instructed by the Principal Electoral Officer, prepare a registration notification in accordance with the Form B1 in the Schedule hereto, and shall send to the claimant a Notification of Enrol- ment in accordance with the Form C in the Schedule hereto. When the claim or application as the case may be has been registered, and all forms incidental thereto have been prepared, the electoral registrar shall, in the space provided for ofFtcial notings, initial such claim or application as the case may be.
Where a claim or application for transfer is received by an electoral registrar during the period between the issue of the Writ for an election in the district for which he is appointed electoral registrar and the close of the polling at such election, he shall note on such claim or application as the case may be the date of receipt, but shall not proceed to register such claim or application until a day s ~ b s e ~ u e n t to polling day. He shall, however, as far as practicable, send to the claimant an Ezaterh Acknowledgment in accordance with the Form C1 in the SchcduIe hereto acknowledging receipt of such claim or application.
Alteration of existing entries in official roll (Sections 27 and 29)
*5. Where a claim or application or notification lodged by am elector already enrolled shows an altered name address and/or occupation suc claim or application or notification shall be dealt with as an application by such elector for an alteration to be made in tbc particulars relating to his enrolment in the manner hereinafter provided.
An application for the alteration of the surname or Chris” &ian mme or names of an elector (including a change of surname of a female elector by reason of her marriage) shall be dealt with in all respects as a new enrolment and the previous entry in the roll shall be erased as hereinafter provided.
An application by an elector for enrolment pursuant to the pro- visions of section 19 of the Act shall sinzilarly be dealt with as a new enrolment.
When an application is received for an alteration to be made in the particulars relating to the enrolment of an elector other than such an alteration as is referred to in the second paragraph of this regulation an alteration shall be made in the official roll by striking out, but not obliterating, the previous address or occupation as the case may be an inserting in the official roll as near as possible to the particulars so struc out the altered address or occupation as the case may be. The officer making such alteration shall enter the reason for making such alteration and the date of making the same and his initials. He shall then endorse the words “Change of address” or “‘Change of occupation” as the case may be, on the claim application or notification in the space provided for official notings and shall initial such endorsement.
Every electoral registrar shall send to an elector who has notified a change from one address to another address in the same district or division a notice in accordance with the Form C 2 in the Schedule.
*Printed as arnd. by reg. 51 pubd. Gaz., 23 NOV., 1946, p. 1797, reg. 62 ( b ) pubd. Gaz., 15 Nov., 1952, p. 1237, and reg. 1 ( a ) pubd. Gaz., 23 Feb., 1963,
~. _____
J Y ~ . 725-740.
REGULATIONS 88
Where the particulars shown on an application correspond in every respect with the particulars already entered in the official roll the electoral registrar shall endorse the words “Already on roll” on the application and shall initial such endorsement. He shall not make any entry in the roll in respect of such application.
Every erasure from an oEcia1 roll shall be made by ruling a line through the entry to be erased in such a manner as not to obliterate such entry.
Rejection of invalid claims and correction of defective claims (Section 2 2 )
$6. (1 ) If an electoral registrar after examining a claim or application lodged for registration is not satisfied that the claimant is entitled to be enrolled pursuant to such claim or application, he shall cndorse on such claim or application the words “Claim rejected,” together with the reason for rejection and shall initial such endorsement. H e shall forthwith send to the claimant a notification stating his reason for such rejection, and containing an intimation that if the claimant disagrees with the decision he is entitled to make application to a Court of Petty Sessions within one month from the date of such notification for an order directing that Inis name be enrolled. The notification shall be in accordance with the Form ID
in the Schedule hereto.
( 2 ) If a claim or application or notification of change of address lodged for registration is not in order for the reason that it is not signed by the claimant or does not 8bear the signature of a witness or is not properly signed or witnessed or does not state the full name of the claimant or does not state the claimant’s place of living or states such place of living
~ ~ ~ u ~ c i e n t l ~ 7 or states a postal or business address at which the claimant does not actually live, the electoral registrar shall endorse such claim or application or notification of change of address with the word “Defective”
and a description of the defect and shall initial such endorsement.
He shall forthwith send to the claimant a notification stating in what respect the claim or application or notification of change of address is defective and requesting the claimant to complete the enclosed fresh claim form or application form or notification of change of address form as the case may be. The notification shall also contain an intimation that if the claimant disagrees with the decision he is entitled to make applicatioii to a Court of Petty Sessions within one month of the date from such notification for an order directing that his name be enrolled.
The notification shall be in accordance with the Form D l in the Schedule hereto.
( 3 ) If a claim or application or notification of change of address lodged for registration i s not in order for the reason that there is a formal error therein or omission therefrom, such error or omission not being an error or omission specified in clause 2 of this Regulation, the electoral registrar shall return such claim or application or notification of change of address to the claimant together with a notification stating the particulars required to be inserted in such claim or application or notification of change of address and requesting the claimant to complete such claim or application or notification of change of address by the insertion of such particulars. The notification shall also contain an intimation that if the claimant disagrees with the decision he is entitled to make application to a
Printed as amd. by reg. 62 ( c ) pubd. Gaz., 15 Nov., 1952, pp. 1237 et seq.
REGULATIONS hi9
Court of Petty Sessions within one month of the date of such notification for an order directing that his name be enrolled. The notification shall be in accordance with the Form D2 in the Schedule hereto.
When such claim or application or notification of change of address is relodged for registration the electoral registrar shall endorse thereon the date of receipt.
~ o t ~of transfer, change, or alteration ~ c ~ ~ ~ o ~ ~ of name (Sections 23 and 24)
7. Every electoral registrar shall in respect of each application for transfer from one district to another district, or for change from one division of a district to another division of the same district, or for alteration of name, prepare a notice of the registration of such application in accordance with the Form E in the Schedule hereto and shall forward such notice to the Principal Electoral Officer for transmission to the electoral registrar for the district or division as the case may be for which the applicant was last enrolled. Upon receipt of such notice the Principal Electoral Officer shall check the particulars shown therein, and if such particulars are correct he shall transmit such notice to the electoral registrar concerned, If such particulars are not correct, the Principal Electoral Officer shall correct the same and stamp the alteration or alterations with his official stamp before transmitting such notice to the electoral registrar concerned.
Returns to be made by electoral registrars to the Principal Electoral Oficer 8. (1) (a) Every electoral registrar shall, on or before the fifth day of each month, unless otherwise directed by the Principal Electoral Officer, forward to the Principal Electoral Officer all claims for enrolment and all applications for transfer or change or alteration of name received by such electoral registrar and registered during the preceding calendar month, together with all Forms B1 and E prepared by him in respect of such claims and applications : Provided that the Principal Electoral OfEcex may at any time by notice in writing direct an electoral registrar to forward to him all claims and applications received by such electoral registrar during such period as is specified in such notice.
( b ) Every electoral registrar shall at the same time as he forwards to the Principal Electoral Officer the claims and applications referred to in paragraph (a) of this clause forward to such Principal Electoral Officer all applications received by such electoral registrar and endorsed pursuant to Regulation 5 of these Regulations. Such electoral registrar sha%E, however, retain in his custody all defective claims and applications and all rejected claims and applications received by him until a fresh claim
OF application has been received by him or until the time allowed for appeal to a Court of Petty Sessions has expired or until in the event of an appeal having been made to a Court of Petty Sessions such appeal been determined, as the case may be.
(2) Every electoral registrar shall, not later than the Bth day of each month, forward to the Principal Electoral Officer a certificate that a11 claims and applications received by him during the previous calendar month have been dealt with by him in accordance with the Act and these Regulations. He shall at the same time notify the Principal Electoral Officer of the details of all erasures not otherwise notified by him which he has made from the official roll. Such certificate and notification shall be in accordance with the Form L in the Schedule hereto.
90 REGULATIONS
An electoral registrar shall, when directed by the Principal Electoral OAicer so to do, forthwith forward to such Principal Electoral OEcer a certificate and notification as aforesaid in respect of the period €rom the first day of any month up to and inclusive of the day of issue of the Writ for an election in the district for which he is appointed electoral registrar.
Compulsory enrolment (Sections 25 and 26)
"9. ( 1 ) Subject to section 2 6 ~ of this Act every person who-
(a) Is entitled to be enrolled as an elector and who is not SO enrolled; or
( b ) Has ceased to live in the district or division for which he is enrolled and has changed his place of living to another district or division, and is entitled to be eiirollled as elector for such other district or division
shall fill in and sign in accordance with the Act a claim for enrolment or an application for transfer or change as the case may be in Form €3 in the Schedule hereto, and shall within twenty-one days €mm the day upon which he became so entitled to be enrolled send or deliver such claim or application to the proper electoral registrar.
(2) Subject to section 2 6 ~ of this Act any person who is entitled to be enrolled as an elector for a district or a division of a district whether by way of a claim for enrolment or applicatioii €or transfer or change or alteration of name, and whose name is not on the roll for such district or division and who fails within twenty-one days from the day upon which he became so entitled to be enrolled to send or deliver to the electoral registrar for such district or division as the case may be a claim or
~ ~ ~ ~ ~the prescribed Form c a t i ~ ~ ~B duly filled in and signed in accordance with the Act, shall be guilty of an offence and shall be liable for a first oifeace to a penalty iiot exceeding one dollar and for any subsequent offence to a penalty not exceeding four dollars.
( 3 ) Every electoral registrar shall, subject to such directions as he may receive from the Principal Electoral Officer, make from time to time such enquiries as are practicable to ascertain that all persons entitled to be enrolled as electors for the district or division for which he is appointed electoral registrar are so enrolled. If such electoral registrar has reason 10 believe that any person has committed a breach of the regulations relating to compulsory enrolment of electors and the
~ ~ ~ p ~ l s o ~ y transfer or change of electors from one roll to another roll, he shall forthwith forward by prepaid registered post to such person a notification in accordance with the Form F in the Schedule hereto alleging such breach and shall at the same time forward a copy of the Form G in the said Schedule. The electoral registrar shall retain a copy of such no lification.
(4) Any person so notified who desires to have the alleged breach dealt with by the Principal Electoral Officer may within twenty-one days from the date of such notification advise the electoral registrar by a notice in writing in accordance with the Form G in the Schedule hereto that he consents tot the alleged breach being dealt with by the Principal Electoral Officer and undertakes to abide by the decision of that officer and to pay the amount of any penalty that he may impose, Such person may in the said notice declare any facts relevant to the alleged breach which he desires to place before the Principal Electoral Officer.
* Sub-regulations ( 1 ) and (2) printed as amd. by regs. pubd. Gaz., 19 Feb., 1966, p. 1271; and by reg. 1 pubd. Gaz., 11 Mar., 1972, p. 1177.
REGULATIONS 91
*
(5) If the electoral registrar receives from such person a notice in writing in the said Form G that such person consents to the alleged breach being dealt with by the Principal Electoral Officer, such electoral registrar shall consider any statement made in such notice by such person relevant to the allegation, and shall make a report to the Principal Electoral Officer as to the facts and his opinion thereon. He shall then forward such report to the Principal Electoral Officer, together with the notice in writing in the said Form C received by him, the copy notifica- tion in the said Form F and any other papers relevant to the allegation.The Principal Electoral Officer shall consider Ithe allegatiun and all the facts relevant thereto, and if he is satisfied that the person concerned has committed a breach of the regulations relating to compulsory enrol- ment of electors and the clompulsory transfer or change of electojrs from one roll to another roll, he may make an order in accordance with the Form H in the Schedule hereto, imposing a penalty not exceeding one dollar in the case of a first offence and not exceeding four dollars in the case )of any subsequent offence. We shall in such order specify the place where such penalty is to be paid, and the time allowed for payment thereof.
The Principal Electoral Officer shall forthwith forward to the person concerned a duplicate original order and shall at the same time forward a copy of ithe Order to the electoral registrar concerned,
(6) If the penalty imposed by the Principal Electoral Oficer is not paid within the time specified in such order a copy of such order certified under the hand of the Principal Electoral Oficer may be filed in the magistrates court nearest to the place of residence of the person agajnst whom such order was made and thereupon such order shall be and be deemed to be a judgment of the said magistrates court within the meaning !of The Magistrates Courts Act of 1921 and shall be enforceable accordingly.
( 7 ) If the person to whom an electoral registrar has sent a notification in the said Form fails to advise such electoral registrar within twenty-one days from the date of such notificatio~ that he consents to 'the alleged breach being dealt with by the Principal Electoral Officer, such electoral registrar shall forward to the said Principal Electoral Oficcr a report on such allegation, together with the copy notification in the said Form F and any other papers relevant to the allegation.
The Priiicipal Electoral Officer shall consider the allegation and all facts relevant thereto, and if he thinks fit he may cause proceedings tQ be instituted in a c0~1-t of summary jurisdiction. Such proceedings may be instituted by the electoral registrar in his own name if the Principal Electoral Officer so approves, and in any such proceedings the authority of such electoral registrar shall not be questioned.
( 8 ) In any prosecution for a breach of the regulations relating to c o m ~ u l s o ~ enrolment of electors and the compulsory transfer or change of electors from one roll to another roll there shall be served with the summons a notice stating the amount of the penalty io which the defendant is liable, and advising him that he must appear to such summons in person or by barrister or solicitor or if the court grants permission by an agent duly authorized in writing. Such notice shall either be endorsed on the S U ~ I ~ I I ~ Q I ~ S or be in the form of a separate document,
, __
:k Sub-regulation ( 5 ) printed as amd. by regs. pubd. Gaz., 11 Mar., 1972, p. 1177.
D