CHAPTER 14 - REFERENDUM ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Referendum (Question on the Amendment of the Constitution to Enhance the Bill of Rights and Repeal Article 79) Order

Referendum Regulations

REFERENDUM (QUESTION ON THE AMENDMENT OF THE CONSTITUTION TO ENHANCE THE BILL OF RIGHTS AND REPEAL ARTICLE 79) ORDER

[Section 2]

Arrangement of Paragraphs

   Paragraph

   1. Title

   2. Date of voting

   3. Holding of referendum

      SCHEDULE

SI 35 of 2016.

1. Title

This Order may be cited as the Referendum (Question on the Amendment of the Constitution to Enhance the Bill of Rights and Repeal Article 79) Order, 2016.

2. Date of voting

A National Referendum on Part III and Article 79 of the Constitution of Zambia shall be held on Thursday, 11th August, 2016, commencing at 06:00 hours and ending at 18:00 hours.

3. Holding of referendum

The referendum shall be held on the question set out in the Schedule.

SCHEDULE

[Paragraph 3]

QUESTION

“Do you agree to the amendment to the Constitution to enhance the Bill of rights contained in Part III of the Constitution of Zambia and to repeal and replace Article 79 of the Constitution of Zambia".

REFERENDUM REGULATIONS

[Section 10]

Arrangement of Regulations

   Regulation

PART I
PRELIMINARY PROVISIONS

   1. Title

   2. Interpretation

   3. Functions of Chief Electoral Officer

   4. Appointment of referendum officers

   5. Form of oath or affirmation for referendum officers

   6. Revocation of appointment of referendum officers

PART II
POLL PROCEDURE

   7. Establishment of polling stations

   8. Duty of returning officer

   9. Right to vote

   10. Conduct of poll

   11. Commencement and close of poll

   12. Ballot boxes, official seals and official marks

   13. Design of ballot paper

   14. Procedure before commencement of poll

   15. Control of person entering polling stations

   16. Application for ballot paper

   17. Procedure for casting vote

   18. Delegation by presiding officer

   19. Spoilt ballot papers

   20. Assistance to certain voters

   21. Voting by persons employed on referendum duties

   22. Restrictions on communications in polling station

   23. Postponement of poll in case of emergency

   24. Procedure after close of poll

PART III
COUNTING OF VOTES AND DECLARATION OF REFERENDUM RESULT

   25. Place and time of counting of votes

   26. Persons who may attend counting of votes

   27. Counting of votes

   28. Rejection of ballot papers

   29. Recounting of votes

   30. Announcement of result at polling station

   31. Announcement of result at constituency

   32. Questions arising on decision of returning officer

   33. Declaration of referendum petition

   34. Sealing of ballot papers

   35. Verification of ballot paper count

   36. Custody and destruction of referendum matter

PART IV
CORRUPT PRACTICES AND REFERENDUM OFFENCES

   37. Bribery

   38. Personation

   39. Treating

   40. Undue influence

   41. Penalty for corrupt practices

   42. Obstruction of voter

   43. Unlawful conduct at public meetings

   44. Unlawful broadcasting

   45. General offences relating to referendum

   46. Prohibition of breach of secrecy

   47. Offences by referendum officers

   48. Offences by printers and publishers

PART V
CANVASSING

   49. Interpretation

   50. Canvassing

   51. Content of written statement

   52. Publication of written statement

   53. Publication of written statement on referendum contrary to Act

   54. Content of oral statement

   55. Request to public media

PART VI
GENERAL PROVISIONS

   56. General penalty

   57. Revocation of S.I. No. 97 of 1990

      SCHEDULE

SI 64 of 2016.

PART I
PRELIMINARY PROVISIONS

1. Title

These Regulations may be cited as the Referendum Regulations, 2016.

2. Interpretation

In these Regulations, unless the context otherwise requires—

"assistant returning officer"  means a person appointed as an assistant returning officer under regulation 4;

"ballot box"  means a ballot box provided to a presiding officer under regulation 8 for the taking of a poll;

"ballot paper"  means a document in Form REF. 3 set out in the Schedule;

"ballot paper account"  means a document in Form REF. 6 set out in the Schedule;

"Commission"  means the Electoral Commission of Zambia established by Article 229 of the Constitution;

"constituency"  has the meaning assigned to it in the Constitution;

"Chief Electoral Officer"  has the meaning assigned to it in the Electoral Process Act, 2016;

"district referendum officer"  means the person appointed as a district referendum officer under regulation 4;

"eligible voter"  means a person who is 18 years or above and in possession of a green national registration card issued under the National Registration Act;

"national registration card"  means the green national registration card issued under the National Registration Act, which is not cancelled or required to be cancelled under that Act, and in relation to any person, means a national registration card in the lawful possession of that person under the Act;

"national registration number"  means the serial number inserted on the national registration card under the National Registration Act;

"official mark"  means a mark provided to a presiding officer under regulation 8 for the taking of a poll;

"official seal"  means a seal provided to a presiding officer under regulation 8 for the taking of a poll;

"other register"  means the register provided by the Commission to a presiding officer for purposes of recording the names and national registration numbers of voters who participate in a referendum;

"polling assistant"  means a person appointed as a polling assistant under regulation 4;

"polling day"  means a day specified under section 2 of the Act as the day on which voting in a referendum shall take place and includes a day appointed under regulation 23;

"polling district"  has the meaning assigned to it in section 3 of the Act;

"polling station"  means a place established as a polling station under regulation 7;

"presiding officer"  means a person appointed as a presiding officer under regulation 4;

"referendum officer"  has the meaning assigned to it in the Act;

"registered voter"  means a person registered in a register of voters under the Electoral (Registration of Voters) Regulations, 2010;

"register of voters"  means a register of voters prepared and certified and in force under the Electoral (Registration of Voters) Regulations, 2010, and "copy", in relation to the register of voters, means a copy of the register of voters provided to a presiding officer under regulation 8 for the taking of the poll;

"returning officer"  means a person appointed as a returning officer under regulation 4; and

"Returning Officer"  has the meaning assigned to it in the Electoral Process Act, 2016.

3. Functions of Chief Electoral Officer

The Chief Electoral Officer shall—

   (a)   ensure that a referendum officer performs the referendum officer’s functions with impartiality and in accordance with the provisions of these Regulations;

   (b)   issue to a referendum officer such instructions as the Chief Electoral Officer may consider necessary to ensure due compliance with the provisions of these Regulations; and

   (c)   perform such other functions as are conferred on the Chief Electoral Officer under these Regulations.

4. Appointment of referendum officers

   (1) There shall be in respect of each polling district—

   (a)   a district referendum officer; and

   (b)   such approved number of assistant returning officers, presiding officers, assistant presiding officers and polling assistants as the district referendum officer for that polling district may appoint, by notice in writing.

   (2) The Commission shall, by notice in the Gazette, appoint a returning officer for each constituency.

   (3) Where a district referendum officer appoints a person to be an assistant returning officer, presiding officer, an assistant presiding officer or polling assistant under regulation 4(1)(b), the district referendum officer shall, within seven days of the appointment, deliver a copy of the appointment to the Commission.

5. Form of oath or affirmation for referendum officers

The officers referred to in regulation 4 shall, before performing any of the functions conferred upon the officers under these Regulations, take and subscribe an oath or make an affirmation before a Subordinate Court Magistrate, Local Court Magistrate, electoral officer, returning officer, Commissioner for Oaths, Head of a Government School or Principal of a College in Form REF. 1 set out in the Schedule.

6. Revocation of appointment of referendum officers

   (1) Where the Commission revokes the appointment of a returning officer, it shall publish a notice of the revocation in the Gazette.

   (2) Where a district referendum officer revokes the appointment of an assistant returning officer, a presiding officer, assistant presiding officer or polling assistant, the district referendum officer shall give notice of the revocation, in writing, to the person concerned and shall deliver a copy of the revocation to the Commission.

PART II
POLL PROCEDURE

7. Establishment of polling stations

The Commission shall, for the purpose of taking a referendum, appoint a place at which the polling station for that polling district shall be established and shall cause notice of the place appointed to be published in such manner as it may direct.

8. Duty of returning officer

A returning officer shall, before a poll in a referendum is carried out in each polling district within the constituency—

   (a)   ensure that the polling station has sufficient compartments within which voters may mark their ballot papers in secrecy;

   (b)   provide each presiding officer for a polling station with such number of ballot boxes, ballot papers, official marks, official seals, copies of the register of voters relating to that polling district and such other things as are necessary for the purposes of these Regulations;

   (c)   provide each presiding officer with a copy of the other register in Form REF. 2 set out in the Schedule in a referendum in which eligible voters are entitled to vote;

   (d)   do such other acts and make such arrangements to facilitate the taking of the poll as may be necessary for ensuring that it is taken in the manner provided in these Regulations and in accordance with any instructions issued by the Commission; and

   (e)   publish, both inside and outside each polling station, notices showing the question submitted to the referendum.

9. Right to vote

   (1) Subject to regulation 21 a registered voter is entitled to vote in a referendum at the polling station appointed for the polling district in which the voter is registered.

   (2) An eligible voter is entitled to vote at a polling station in a referendum at which eligible voters are entitled to vote.

   (3) A registered voter or eligible voter shall only be entitled to cast one vote at a poll in a referendum.

10. Conduct of poll

A poll at a referendum shall be taken by way of a secret ballot and the result of the referendum shall be ascertained in accordance with the provisions of Part III.

11. Commencement and close of poll

A poll shall commence and, subject to regulation 23, close at such time as the Commission shall direct, by statutory instrument, except that the presiding officer shall permit every voter, to cast the vote before closing the poll, who at the time of closing the poll—

   (a)   is inside the polling station; or

   (b)   is in the opinion of the presiding officer, in the immediate precincts of the polling station and was prevented from entering the polling station owing to congestion.

12. Ballot boxes, official seals and official marks

   (1) A ballot box for use at a referendum shall be transparent and capable of being securely closed.

   (2) The Commission shall determine the manner in which ballot boxes shall be—

   (a)   numbered and labelled; and

   (b)   closed, secured, opened, sealed and unsealed.

13. Design of ballot paper

   (1) A ballot paper shall be in Form REF. 3 set out at in the Schedule.

   (2) A ballot paper shall be attached to a counterfoil bearing the same serial number as that printed on the ballot paper.

14. Procedure before commencement of poll

   (1) A presiding officer or assistant presiding officer at each polling station shall, immediately before the poll—

   (a)   show all accredited observers, monitors and polling assistants present that each ballot box to be used at the polling station is empty; and

   (b)   in the presence of the accredited observers, monitors and polling assistants, close, seal and secure the ballot boxes in a conspicuous place.

   (2) A presiding officer shall place a ballot box locked and sealed under sub-regulation (1) in such a position in the polling station that it can be seen throughout the taking of the poll by the presiding officer and by any person whose presence is permitted under regulation 15.

   (3) A presiding officer shall ensure the availability of a pen in each compartment, provided under regulation 8(a), for use by a voter.

15. Control of person entering polling stations

   (1) A presiding officer shall maintain order at the polling station and in its precincts, and shall regulate the number of voters to be admitted at a time to the polling station.

   (2) A presiding officer at a polling station may require any person to leave the polling station and its precincts if, in the opinion of the presiding officer, the person is causing a disturbance which is likely to interfere with the poll.

   (3) Sub-regulation (2) does not apply to—

   (a)   members of the Commission or its members of staff;

   (b)   the returning officer and any assistant returning officer for the constituency in which the polling station is situated;

   (c)   the district referendum officer;

   (d)   the polling assistants appointed under regulation 4 in respect of a polling station;

   (e)   a police officer on duty;

   (f)    accredited monitors and observers; or

   (g)    a person authorised, in writing, by the Chief Electoral Officer to enter and remain in the polling station.

   (4) A person authorised, in writing, by the Chief Electoral Officer to enter and remain at a polling station shall, before attending a poll in any polling station in a constituency, take and subscribe an oath or make an affirmation in Form REF. 1 set out in the Schedule.

   (5) The powers conferred by this regulation shall not be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from voting at the polling station.

16. Application for ballot paper

   (1) A person who intends to vote in a referendum shall apply for a ballot paper and shall—

   (a)   except where regulation 21 applies, present oneself at the polling station appointed under regulation 7 for the polling district in which the person is registered;

   (b)   produce that person’s voter’s card to the presiding officer or polling assistant at the polling station;

   (c)   produce that person’s green national registration card to the presiding officer or polling assistant at the polling station; and

   (d)   if so required by the presiding officer or polling assistant, present that person’s both hands for inspection by the presiding officer or polling assistant.

   (2) A presiding officer or polling assistant shall not issue a ballot paper to a person who fails to comply with the requirements specified under sub-regulation (1).

   (3) A presiding officer or polling assistant at a polling station may put to an applicant for a ballot paper such question as the presiding officer or polling assistant may consider necessary to enable the applicant identify oneself.

   (4) An applicant for a ballot paper shall be issued with a ballot paper or permitted to vote at a polling station if the presiding officer or polling assistant for that polling station is satisfied—

   (a)   except where regulation 21 applies, that the applicant is registered in the polling district for which that polling station is appointed or that the applicant is an eligible voter;

   (b)   that the applicant has produced that applicant’s green national registration card; and

   (c)   that the applicant has not already voted in the referendum.

17. Procedure for casting vote

   (1) Where a presiding officer or polling assistant at a polling station is satisfied under regulations 16 and 21 that an applicant is entitled to be issued with a ballot paper to vote, the presiding officer or polling assistant shall mark the right hand thumb of the applicant, except that in the case of a voter without a thumb, the voter shall present any other finger or body part found appropriate by the polling assistant for that purpose.

   (2) Before issuing a ballot paper to a voter, the presiding officer or polling assistant shall—

   (a)   except where regulation 21 applies, cancel the name of the voter on the register of voters or record the name and national registration number of the voter on the other register as evidence that that voter has received a ballot paper;

   (b)   enter on the counter foil of the ballot paper the number of the voter as recorded on the register of voters, where applicable;

   (c)   stamp the ballot paper with the official mark; and

   (d)   detach the ballot paper from its counterfoil and deliver it to the voter.

   (3) A voter shall, on receiving the ballot paper—

   (a)   enter an empty compartment at the polling station;

   (b)   mark the ballot paper with the mark X opposite either the word "YES" or the word "NO"; and

   (c)   fold the ballot paper to conceal the voter’s vote;

   (d)   cast the folded ballot paper in the ballot box; and

   (e)   without undue delay, leave the polling station.

18. Delegation by presiding officer

Subject to the approval of the Chief Electoral Officer, a presiding officer may delegate the presiding officer’s powers to a polling assistant.

19. Spoilt ballot papers

Where a voter inadvertently deals with a ballot paper in such manner that it cannot be used as a valid ballot paper, the voter shall deliver that ballot paper to the presiding officer, and if the presiding officer is satisfied that the ballot paper has been spoilt inadvertently, the presiding officer shall issue another ballot paper to that voter, and shall cancel the spoilt ballot paper and the counterfoil to which it relates.

20. Assistance to certain voters

   (1) A person may assist a voter to vote if—

   (a)   the voter requires assistance due to physical disability;

   (b)   the voter has requested to be assisted by that person; and

{mprestriction ids="2,3,5"}

   (c)   the presiding officer is satisfied that that person is an eligible or registered voter.

   (2) In the absence of a person referred to in sub-regulation (1), the presiding officer or referendum officer shall, at the request of a voter who is unable to read, assist that voter to vote in the presence of—

   (a)   a person appointed by a presiding officer as an accredited observer or monitor, if available; or

   (b)   two election agents of different candidates, if available.

   (3) The secrecy of voting as stipulated in the Constitution shall be preserved in the application of this regulation.

   (4) A presiding officer shall record on the register of voters, or the other register provided by the Commission under regulation 8, the name of the voter that the presiding officer or another person has assisted, and give the reason for doing so.

21. Voting by persons employed on referendum duties

Where a registered voter is employed as a returning officer, assistant returning officer, presiding officer, assistant presiding officer, polling assistant, police officer or in any other official capacity on referendum duties, and is unable by reason of that employment to vote in the polling district in which the voter is registered, the returning officer for the constituency in which that officer is employed shall, on application in person and upon production of that officer’s national registration card and voter’s card, authorise that officer, by certificate in Form REF 4 set out in the Schedule, to vote at the polling station at which that voter is employed or which is most easily accessible from the place at which the voter is employed.

22. Restrictions on communications in polling station

   (1) A person, other than a presiding officer, assistant presiding officer, polling assistant, police officer or person on duty in an official capacity at a polling station, shall not communicate with a voter while the voter is in the precincts of a polling station.

   (2) A person shall not be allowed to use an electronic device for communication in a polling station or verification room.

   (3) Despite sub-regulation (2), the Commission may prescribe a list of officials who may use an electronic device for communication at a polling station or verification room.

23. Postponement of poll in case of emergency

   (1) A presiding officer may postpone a poll to a later day if the poll is interrupted by a riot, open violence, flood, natural catastrophe or other similar cause.

   (2) A presiding officer may extend the polling hours or postpone the polling day, and reference in these Regulations to the close of the poll shall be construed accordingly.

   (3) Where a poll is postponed at a polling station, the hours of polling shall be the same as the appointed polling day, and references in these Regulations to the closing of the poll shall be construed accordingly.

   (4) A presiding officer shall, where the presiding officer postpones a poll, immediately notify the returning officer of the postponement and take such steps as are necessary to safeguard the ballot boxes, ballot papers and other referendum requisites.

   (5) Where a returning officer is notified under sub-regulation (4) of the postponement of a poll, the returning officer shall immediately notify the Commission of the postponement.

24. Procedure after close of poll

   (1) As soon as practicable after the closing of the poll, the presiding officer at a polling station shall, in the presence of polling assistants, accredited observers or monitors—

   (a)   close, seal and secure the ballot boxes used for the poll;

   (b)   complete the ballot paper account in respect of the poll which shall be in Form REF. 5 set out in the Schedule; and

   (c)   place in separate envelopes, that shall be sealed with the official seal, the following items in the manner provided—

      (i)   in an envelope marked "B", the unused ballot papers that shall remain attached to their respective counterfoils and the spoilt ballot papers;

      (ii)   in an envelope marked "C", a copy of the register of voters or the other register together with the certificates delivered to the presiding officer under regulation 21;

      (iii)   in an envelope marked "D", the counterfoils of the used ballot papers including the counterfoil of any spoilt paper;

      (iv)   in an envelope marked "E", the ballot paper account completed under paragraph (b); and

      (v)   in an envelope marked "F", the official mark and the official seals.

   (2) A presiding officer shall, in accordance with such directions as may be issued by the Commission, commence the counting of votes cast in the referendum and deliver the documents sealed under sub-regulation (1) to the returning officer.

PART III
COUNTING OF VOTES AND DECLARATION OF REFERENDUM RESULT

25. Place and time of counting of votes

   (1) A presiding officer shall arrange for the counting of the votes at the polling station where the votes were cast.

   (2) A presiding officer shall, by public notice, before the appointed polling day, state the place at which the presiding officer will count the votes cast in the poll.

26. Persons who may attend counting of votes

   (1) The following persons may attend the counting of votes cast at a polling station—

   (a)   members or staff of the Commission;

   (b)   the returning officer and an assistant returning officer;

   (c)   the polling assistants appointed by the district referendum officer;

   (d)   the district referendum officer;

   (e)   a police officer on duty;

   (f)   accredited monitors or observers; and

   (g)   any person authorised, in writing, by the Chief Electoral Officer.

   (2) A person authorised to attend the counting of the votes in a polling station shall, before attending the counting, take and subscribe an oath or make an affirmation instead of an oath, in the form prescribed in regulation 5.

27. Counting of votes

   (1) The presiding officer of a polling station shall, with the aid of the polling assistants for that polling station, count all the votes cast in the referendum at that polling station according to the following procedure—

   (a)   the presiding officer shall open each ballot box and, after removing all the ballot papers from the boxes, shall count and record the total number of ballot papers contained in each ballot box without reference to the manner in which the ballot papers are marked;

   (b)   subject to regulation 28, the presiding officer shall count and record the total number of valid ballot papers signifying the answer "YES", and the total number of valid ballot papers signifying the answer "NO"; and

   (c)   the presiding officer shall ensure that, while counting the ballot papers, the polling assistants keep the side of each ballot paper on which the vote is recorded upwards, and shall take all precautions for preventing any person present at the counting from seeing the number printed on each ballot paper.

28. Rejection of ballot papers

   (1) A presiding officer shall, subject to sub-regulation (2), reject as invalid, and shall not count, a ballot paper—

   (a)   that does not bear the official mark;

   (b)   on which votes are cast signifying more than one answer;

   (c)   that indicates the identity of the voter;

   (d)   that is unmarked; or

   (e)   that is marked in a manner that is not reasonably possible to determine the voter’s choice.

   (2) A ballot paper on which the vote is marked—

   (a)   elsewhere than in the proper place;

   (b)   otherwise than by means of the mark X; or

   (c)   by more than one mark;

shall not, by such reason, be invalid if an intention that the vote shall signify either the answer "YES" or the answer "NO" clearly appears on the ballot paper.

   (3) A presiding officer shall endorse the word "rejected" on a ballot paper which, under this regulation, is not to be counted.

   (4) A presiding officer shall draw up and deliver to the returning officer a statement in Form REF. 6 set out in the Schedule showing the number of ballot papers rejected for—

   (a)   the absence of an official mark;

   (b)   votes signifying more than one answer;

   (c)   a writing or mark by which the voter could be identified;

   (d)   being unmarked; or

   (e)   being marked in a manner that is not reasonably possible to determine the voter’s choice.

29. Recounting of votes

A presiding officer may, where the presiding officer considers it necessary, after the counting of votes is completed in accordance with these Regulations, cause the votes to be recounted before announcing the result under regulation 30.

30. Announcement of result at polling station

   (1) When the counting of the votes has been completed and the result of the poll ascertained in respect of a polling station, the presiding officer shall—

   (a)   complete in duplicate the result of the poll in that polling station in Form REF. 7 set out in the Schedule;

   (b)   publicly announce the result of the count at the polling station; and

   (c)   cause to be delivered to the returning officer, without delay, the original of completed Form REF. 7.

   (2) When the returning officer receives the result of the count from the polling station in the constituency, the returning officer shall tally the votes of the referendum received from the announcement of results forms of each polling station.

31. Announcement of result at constituency

   (1) When the totalling of the votes has been completed and the results of the referendum ascertained, the returning officer shall—

   (a)   complete, in duplicate, the announcement of the results of the referendum in the constituency in Form REF 8 set out in the Schedule;

   (b)   publicly announce the results of the referendum as recorded on the Form;

   (c)   cause to be delivered to the Commission without delay, the original of the completed Form.

   (2) The Commission shall, on receipt of Form REF 8 completed under sub-regulation (1) in respect of all constituencies—

   (a)   ascertain from the forms the total number of votes cast in the referendum signifying the answer "YES" and the total number of votes cast in the referendum signifying the answer "NO";

   (b)   complete, in duplicate, a declaration of the result of the referendum in Form REF9 set out in the Schedule, which shall state whether the total number of votes cast in the referendum signifying the answer "YES" is greater or less than the total number of votes cast in the referendum signifying the answer "NO";

   (c)   ascertain whether or not the referendum was successful;

   (d)   cause to be delivered to the President, without delay, the original of the completed Form; and

   (e)   cause the result of the referendum to be announced publicly.

32. Questions arising on decision of returning officer

The decision of a returning officer on a question arising in respect of a ballot paper or on the declaration by the returning officer of the result of a poll shall not be questioned, except by a referendum petition presented under the provisions of the Act.

33. Declaration of referendum petition

A declaration made by the Commission at the conclusion of the trial of a referendum petition in accordance with section 23(3) or 23(4) of the Act shall be in Form REF. 10 in the Schedule.

34. Sealing of ballot papers

A presiding officer for a polling station shall, on the completion of the counting of the votes cast in a referendum in the polling station, seal in separate marked envelopes the ballot papers signifying the answer "YES" and the ballot papers signifying the answer "NO" and shall place the rejected ballot papers in separate marked envelopes.

35. Verification of ballot paper count

   (1) The returning officer for a constituency shall, as soon as possible after the completion of the counting of the votes for that constituency, and in the presence of the assistant returning officers for that constituency, proceed with the verification of the ballot paper accounts according to the following procedure—

   (a)   the returning officer shall open the envelopes marked "B" containing the unused ballot papers together with their counterfoils and the spoilt ballot papers, and the envelopes marked "E" containing the ballot paper accounts, delivered to the returning officer under regulation 24, in respect of a polling district in that constituency;

   (b)   the returning officer shall, in respect of a polling district, compare the ballot paper account with the total number of ballot papers contained in the ballot boxes as recorded under regulation 27 (1) (a) and with the total number of unused and spoilt ballot papers contained in the envelope marked "B" for that polling district;

   (c)   the returning officer shall re-seal the envelopes marked "B" with their respective contents; and

   (d)   the returning officer shall place all ballot paper accounts for that constituency in one envelope marked "E" and shall seal that envelope.

   (2) The returning officer shall prepare and deliver to the Commission a report on the verification of the ballot paper accounts in Form REF. 11 set out in the Schedule.

36. Custody and destruction of referendum matter

   (1) Upon the completion of the verification of the ballot paper accounts under regulation 35, the returning officer shall immediately deliver to the Commission—

   (a)   in respect of each polling district within the constituency, the envelope marked "B" containing the unused ballot papers together with their counterfoils and the spoilt ballot papers;

   (b)   in respect of each polling district within the constituency, the envelope marked "C" containing the copy of the marked register of voters or the other register provided under regulation 10;

   (c)   the envelope marked containing the used ballot papers sealed under regulation 34;

   (d)   the envelope containing the rejected ballot papers and sealed under regulation 34;

   (e)   the envelope marked "D" containing the counterfoils of the used ballot papers, delivered to the returning officer under regulation 24;

   (f)   the envelope marked "E" containing the ballot paper account;

   (g)   the envelope marked "F" containing the official seal and the official mark, delivered to the returning officer under regulation 24; and

   (h)   the plain envelope containing the certificate delivered to the returning officer in terms of regulation 24.

   (2) The Commission shall retain the envelopes delivered under sub-regulation (1) in respect of a referendum for a period of six months after the day on which the result of the referendum was declared and shall then cause them to be destroyed by burning, pulping or by any other efficacious method, except that where the Commission has been informed under section 15(4) of the Act that a referendum petition has been presented in respect of the referendum, the envelopes shall not be destroyed until such time as the trial of that referendum petition has been finally determined.

PART IV
CORRUPT PRACTICES AND REFERENDUM OFFENCES

37. Bribery

   (1) A person shall not, either directly or indirectly, by oneself or through another person corruptly—

   (a)   give, lend or procure, or agree to give, lend or procure or offer, promise or promise to procure, any money to, or for, any person on behalf of any voter or to, or for, any other person in order to induce any voter to vote or refrain from voting or corruptly do any of those acts on account of that voter having voted or refrained from voting at a referendum;

   (b)   give, lend or agree to give or lend, or offer, or promise to procure or to endeavour to procure, any money to, or for, any voter or to, or for, any other person on behalf of any voter or to, or for, any other person for acting or joining in any procession or demonstration before, during or after, a referendum;

   (c)   make any gift, loan, offer, promise, procurement or agreement to, or for, a person in order to induce that person to procure or to endeavour to procure the vote of a voter at a referendum;

   (d)   upon or in consequence of a gift, loan, offer, promise, procurement or agreement, procure or engage, promise or endeavour to procure, the vote of a voter at a referendum;

   (e)   advance or pay or cause to be advanced or paid any money to or for the use of another person with the intent that such money or any part of the money shall be expended in bribery at a referendum, or knowingly pay or cause to be paid any money to a person in the discharge or repayment of any money wholly or in part expended in bribery at a referendum;

   (f)   before or during a referendum, receive or contract for any money or loan for oneself or for any other person for voting or agreeing to vote or for refraining or agreeing to refrain from voting at a referendum;

   (g)   after a referendum, receive any money on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting at such referendum; or

   (h)   convey or transfer or be concerned with the conveyance or transfer of any property, or pay or be concerned with the payment of any money to any person for the purpose of inducing that person to vote or refrain from voting.

   (2) A person who contravenes any provision of sub-regulation (1) commits an offence.

   (3) Nothing in this regulation shall be construed as applying to any money paid or agreed to be paid for or on account of any expenditure bona fide and lawfully incurred in respect of the conduct or management of a referendum.

38. Personation

   (1) A person shall not—

   (a)   at a referendum, apply for a ballot paper in the name of a fictitious person or another person, living or dead;

   (b)   having voted once at a referendum apply again at the same referendum for a ballot paper; or

   (c)   vote at a referendum knowing that the person is not entitled to vote at that referendum or induce or procure any person to vote at a referendum knowing that the person or that person is not entitled to vote at that referendum.

   (2) A person who contravenes sub-regulation (1) commits an offence.

39. Treating

   (1) A person shall not, before, during or after a referendum, directly or indirectly corruptly give or provide or pay wholly or in part, the expense of giving or providing food, drink, entertainment or lodging for the purpose of corruptly influencing another person to give or refrain from giving that person’s vote at a referendum.

   (2) A person who contravenes sub-regulation (1) commits an offence.

40. Undue influence

   (1) A person shall not, in connection with a referendum directly or indirectly—

   (a)   use or threaten to use force, violence or restraint upon another person;

   (b)   inflict or threaten to inflict by oneself or by any other person, or by any supernatural or non-natural means or pretended supernatural or non-natural means, physical, psychological, mental or spiritual injury, damage, harm or loss upon or against any person;

   (c)   do or threaten to do anything to the disadvantage of any person in order to induce or compel that person to—

      (i)   register or not to register as a voter; or

      (ii)   vote or not to vote; or

   (d)   interfere with the independence or impartiality of a referendum officer.

   (2) A person shall not, by abduction, duress or any fraudulent device or contrivance—

   (a)   impede or prevent the free exercise of another person’s vote; or

   (b)   compel, induce or prevail upon a voter to give or refrain from giving the voter’s vote at a referendum.

   (3) A person who contravenes sub-regulation (1) or (2) commits an offence.

41. Penalty for corrupt practices

A person who engages in corrupt practices as provided for under regulations 37, 38, 39, and 40, commits an offence and is liable, upon conviction to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both.

42. Obstruction of voter

A person who obstructs a voter at a polling station or on that person’s way to or from a polling station commits an offence.

43. Unlawful conduct at public meetings

A person who, at a lawful public meeting held in connection with a referendum prior to the holding of that referendum, acts or incites others to act in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting is called, commits an offence.

44. Unlawful broadcasting

A person who, with intent to influence a person to give or refrain from giving that person’s vote at a referendum, uses or procures the use of any wireless transmitting station outside the Republic commits an offence.

45. General offences relating to referendum

   (1) A person shall not—

   (a)   forge or counterfeit or fraudulently deface or fraudulently destroy a ballot paper or the official mark on a ballot paper;

   (b)   without lawful authority, supply a ballot paper to any person;

   (c)   without lawful authority, put a ballot paper in a ballot box;

   (d)   sell or offer to sell a ballot paper to any person or purchase or offer to purchase a ballot paper from any person;

   (e)   be in possession of a ballot paper if that person is not entitled to be in possession of the ballot paper under these Regulations;

   (f)   put anything other than a ballot paper in a ballot box;

   (g)   without lawful authority, take out of a polling station a ballot paper or be in possession of a ballot paper outside a polling station;

   (h)   without lawful authority, destroy, take, open or otherwise interfere with a ballot box or packet of ballot paper;

   (i)   without lawful authority, print or make a ballot paper or what purports to be, or is capable of being used as, a ballot paper at a referendum;

   (j)   manufacture, construct, supply, be in possession, or use for the purpose of a referendum or cause to be manufactured, constructed, supplied or used for the purpose of a referendum an appliance, device or mechanism by which a ballot paper may be extracted or manipulated after having been deposited in a ballot box in the course of polling at a polling station;

   (k)   on a polling day, at the entrance to or within a polling station, or in any public or private place within 400 metres from the entrance to a polling station—

      (i)   canvass a vote;

      (ii)   solicit the vote of another person;

      (iii)   induce another person not to vote; or

      (iv)   induce another person not to vote in a particular manner;

   (l)   on a polling day, loiter in a public place within 400 metres from the entrance to a polling station;

   (m)   on a polling day, exhibit in a public or private place within 100 metres from the entrance to a polling station a notice or sign, other than an official notice or sign authorised by an officer under these Regulations, relating to the referendum;

   (n)   not being a presiding officer or a polling assistant in the course of the person’s functions within a polling station, make a record showing that a particular person has voted in a referendum;

   (o)   without lawful authority, destroy, mutilate, deface or remove a notice which is exhibited under these Regulations, or any document made available for inspection under these Regulations;

   (p)   wilfully obstruct or interfere with a returning officer, presiding officer or polling assistant in the execution of that person’s duties;

   (q)   make a false answer to a question put to the person by a presiding officer or a polling assistant under regulation 16(3);

   (r)   in contravention of regulation 22, have any communication with a voter while the voter is in the precincts of a polling station for the purpose of voting; or

   (s)   having been required under regulation 15(2) or directed under regulation 17(3) to leave a polling station, fail to leave that polling station or its precinct.

   (2) A person who contravenes sub-regulation (1) commits an offence.

   (3) In a prosecution for an offence in relation to a ballot box or ballot paper, the property in that ballot box or ballot paper as well as the property in the counterfoil of a ballot paper, shall vest in the Commission at the constituency.

46. Prohibition of breach of secrecy

   (1) A person in attendance at a polling station shall maintain, and aid in maintaining the secrecy of the voting at that station and shall not communicate, except for some purpose authorised by law, to any person any information regarding the name or number on the register of voters of any voter who has or has not applied for a ballot paper or voted at the polling station, or the official mark or official seal at the polling station.

   (2) A person, other than a presiding officer acting under regulation 20, shall not obtain or attempt to obtain in a polling station information on how any person in that polling station is about to vote or has voted, or communicate, at any time, to a person any information obtained in a polling station or how a person in that polling station is about to vote or has voted, or on the number on the ballot paper issued to a person at that polling station.

   (3) A person in attendance at the counting of the votes shall maintain, and aid in maintaining, the secrecy of the voting and shall not ascertain or attempt to ascertain at the counting the number on any ballot paper or communicate any information obtained at that counting regarding the vote signified by any particular ballot paper.

   (4) A person who contravenes this regulation commits an offence.

47. Offences by referendum officers

A referendum officer, district referendum officer or police officer who wilfully fails to perform the functions of office under these Regulations commits an offence.

48. Offences by printers and publishers

   (1) A bill, placard, poster, pamphlet, circular or other printed matter having reference to a referendum shall bear upon its face the name and address of the printer and publisher.

   (2) The proprietor and publisher of a newspaper shall cause the word "advertisement" to be printed as a headline to each article or paragraph appearing in that person’s newspaper containing referendum publicity matter, the insertion of which is or is to be paid for.

   (3) In this regulation—

   (a)   any process for producing copies of a document, other than by copying it by hand, shall be deemed to be printing, and "printed" shall be construed accordingly; and

   (b)   "referendum publicity matter" shall be deemed to include all matters which, on the face of them, are intended or calculated to affect the result of a referendum.

   (4) A person who contravenes this regulation commits an offence.

PART V
CANVASSING

49. Interpretation

In this Part, unless the context otherwise requires—

"public media"  means any newspaper, publication or broadcasting service which is owned or controlled by or on behalf of the State; and

"written statement"  includes a bill, placard, poster, pamphlet or any other printed matter having reference to the referendum.

50. Canvassing

Public canvassing for, or of, votes in favour of or against any question submitted to the referendum under section 2 of the Act is permitted but shall take place only in accordance with the provisions of this Part.

51. Content of written statement

   (1) A written statement intended for publication to the public and having reference to the referendum for the purpose of canvassing for votes in favour of or against any question submitted to the referendum under section 2 of the Act, and being a statement not issued by or on behalf of the Commission shall—

   (a)   bear the names and addresses of the authors, printers and publishers and conform with the requirements of regulation 48;

   (b)   be in the form of a statement for or against the question setting out the merits or demerits;

   (c)   be confined to discussing or arguing the case for, or against, the question and shall not discuss persons or contain defamatory imputations, criticisms or attacks against any person or the personal character of an individual who holds or is thought to hold opposing views or not; and

   (d)   not be seditious or inflammatory or against any written law and shall not be intemperate, offensive, hysterical, provocative or in any way calculated to incite hatred, public disorder, violence or breach of peace.

52. Publication of written statement

A written statement may be published by or on behalf of a person canvassing for votes in favour of or against a question submitted to the referendum under section 2 of the Act by—

   (a)   distributing copies to the public;

   (b)   being read out for broadcasting over the electronic media;

   (c)   being advertised in the local press in conformity with regulation 48;

   (d)   being read out at a public meeting; and

   (e)   any other lawful method.

53. Publication of written statement on referendum contrary to Act

A person who publishes a written statement making reference to the referendum in contravention of regulation 48 commits an offence.

54. Content of oral statement

   (1) An oral statement made to the public making reference to the referendum for the purpose of canvassing for votes in favour of or against a question submitted to the referendum under section 2 of the Act, and not being made by or on behalf of the Commission shall—

   (a)   be in the form of a statement for or against the question setting out the merits or demerits of the matter in consideration;

   (b)   be confined to discussing or arguing the case for, or against, the matter in consideration and shall not discuss a particular individual or contain defamatory imputations, criticisms or attacks against an individual or the personal character of an individual, whether holding or thought to hold opposing views or not; and

   (c)   not be seditious or inflammatory or against any written law and shall not be intemperate, offensive, hysterical or provocative, or in any way calculated to incite hatred, public disorder, violence or breach of peace.

   (2) An oral statement, as specified in sub regulation (1), may be made only at a public meeting arranged and supervised by or on behalf of the Commission at which the speakers shall be persons who have previously indicated, in writing, to the Commission or the district referendum officer their wish to address a public meeting and have indicated the side of the question they support, except that—

   (a)   separate meetings shall be arranged for persons speaking on one side of the question and those on the other side; and

   (b)   the district referendum officer shall arrange an equal number of meetings for both sides, unless no person has come forward to indicate that person’s wish to speak on one of the sides of the question.

   (3) An oral statement, as specified under sub-regulation (1), made at a public meeting may consist of reading a written statement.

   (4) A district referendum officer shall publicise the time and venue of each public meeting indicating the side of the question the speakers will support.

   (5) A district referendum officer shall notify, in advance, the officer commanding or the officer incharge of police in the locality of a meeting and the officer commanding or the officer incharge shall cause the attendance of an adequate number of police officers to ensure the maintenance of law and order and compliance with the provisions of this Part.

   (6) A public meeting held or proposed to be held under this Part may be discontinued or disallowed only by the Commission or the district referendum officer if satisfied, from their own assessment or on the advice of the officer commanding or officer incharge of police in attendance, that the meeting cannot continue or take place by reason of riot, open violence or other similar cause but, where a meeting has been discontinued or disallowed, another meeting shall be convened in its stead at the earliest practicable opportunity.

55. Request to public media

   (1) The Commission may request any person in charge of the public media, in the case of a newspaper, to allot space, and in the case of broadcasting services, to allot time for the purpose of enabling any person, at that person’s own cost, to canvass in accordance with this Part, except that the Commission may arrange for some broadcasts at its own cost to be alloted equally to both sides of the question.

   (2) A person in charge of the public media who, having received a request from the Commission under sub-regulation (1), wilfully obstructs or prevents the publication of an oral or written statement by a person lawfully canvassing with reference to the referendum in accordance with this Part commits an offence.

   (3) A person who, at a lawful public meeting held in connection with the referendum, prior to the holding of the referendum, acts or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting is called, commits an offence.

   (4) A person commits an offence who directly or indirectly, by oneself or by any other person—

   (a)   makes use of, or threatens to make use of, any force, violence or restraint upon any other person;

   (b)   inflicts or threatens to inflict by any supernatural or non-natural means or pretended supernatural means any temporal or spiritual injury, damage, harm or loss upon or against a person; or

   (c)   does or threatens to do anything to the disadvantage of a person—

      (i)   in order to induce or compel that person to canvass or refrain from canvassing or on account of that person having canvassed or refrained from canvassing in connection with the referendum; or

      (ii)   in order to induce or compel that person to attend or refrain from attending a public meeting or on account of that person having attended or refrained from attending a public meeting held in connection with the referendum.

   (5) A person who, by abduction, duress or any fraudulent device or contrivance, impedes or prevents the free exercise of the person’s right to canvass by any person or thereby compels, induces or prevails upon any person either to canvass or to refrain from canvassing with reference to the referendum commits an offence.

PART VI
GENERAL PROVISIONS

56. General penalty

   (1) Except as provided for in regulation 41, a person who commits an offence under these Regulations for which a penalty is not provided, is liable, upon conviction, to a fine not exceeding six thousand penalty units or to imprisonment for a period not exceeding two years, or to both.

   (2) A person who attempts to commit an offence under these Regulations is liable to the punishment prescribed for that offence.

57. Revocation of S.I. No. 97 of 1990

The Referendum Regulations, 1990, are revoked.

SCHEDULE

[Regulations 2, 5, 8, 13, 15, 21, 24, 28, 30, 31, 33 and 35]

PRESCRIBED FORMS

REF. 1

[Regulations 5 and 15]

REF. 2

[Regulation 8]

REF. 3

[Regulations 2 and 13]

REF. 4

[Regulation 21]

REF. 5

[Regulation 24]

REF. 6

[Regulation 28]

REF. 7

[Regulation 30]

REF. 8

[Regulation 31]

REF. 9

[Regulation 31]

REF. 10

[Regulation 33]

REF. 11

[Regulation 35]