Electoral Law (National Elections) Regulation 2007 (No 4 of 2007)

Coming into Force01 February 2007
Published date01 January 2007
Revision Date01 October 2021
Year2007
Type of DocumentCurrent Version
Electoral Law (National Elections) Regulation 2007 (No 4 of 2007)

At the date of publication of this Infobase (18) NiuMedia Pacific had however not yet received a certified copy of this Regulation.

STATUTORY INSTRUMENT

No. 4 of 2007

Electoral Law (National Elections) Regulation 2007,

Being a Constitutional Regulation,

MADE by the Head of State, acting with, and in accordance with the advice of the National Executive Council, under the Organic Law on National and Local-level Government Elections.

PART I.—PRELIMINARY.
1 Interpretation.

(1) In this Regulation, unless the context otherwise requires, or some other meaning is clearly intended "the Law" means the Organic Law on National and Local-level Government Elections.

(2) Subject to Section 103, of this Regulation, a reference to a form by number shall be read as a reference to a form so numbered in the Schedule.

2 Application.

This Regulation applies only to national elections.

PART II—DUTIES AND RESPONSIBILITIES OF OFFICERS.
3 Electoral Commissioner.

The Electoral Commissioner has the overall charge of elections and, unless otherwise provided by the Law, all other electoral officers and officers, including Election Managers, Returning Officers, Assistant Returning Officers, Poll Clerks and other polling and scrutiny officials are subject to the direction and control of the Electoral Commissioner on all matters relating to or connected with elections.

4 Election Manager.

(1) An Election Manager is the administrative and management representative of the Electoral Commissioner in a province, and the Electoral Commissioner may appoint an Election Manager to be a Returning Officer for one or more electorates in a province.

(2) An Election Manager is to exercise such powers as are delegated to him by the Electoral Commissioner.

5 Returning Officer.

(1) A Returning Officer is responsible for—

(a) maintaining the electoral Roll for the electorate; and

(b) supervising officers and electoral officers junior to him including Assistant Returning Officers, presiding officers, poll clerks and other polling and counting officers; and

(c) conduct of elections in the electorate including—

(i) preparing a polling schedule and publicising it showing the dates and times when polling will take place; and

(ii) appointing presiding officers, assistant presiding officers, poll clerks and door—keepers; and

(iii) providing and furnishing proper polling booths; and

(iv) providing candidate posters, ballot-papers and all necessary certified lists of voters; and

(v) appointing place of scrutiny and count; and

(vi) appointing officers to assist in scrutiny and count; and

(vii) supervising scrutiny and count; and

(viii) declaring a result; and

(ix) returning a writ to the Electoral Commissioner; and

(d) performing such other duties and responsibilities as are assigned by the Electoral Commissioner to him.

(2) The appointment of a Returning Officer is to be made in Form 3.

6 Assistant Returning Officer.

(1) An Assistant Returning Officer is—

(a) to assist the Returning Officer in the conduct of elections in the whole or a part of an electorate as determined by the Electoral Commission or as assigned by the Returning Officer; and

(b) subject to the authority of the Returning Officer, to be responsible for supervising electoral officers and officers junior to him; and

(c) perform such other duties as are determined by the Electoral Commission or as assigned to him by the Returning Officer.

(2) The appointment of an Assistant Returning Officer is to be made in Form 4.

7 Presiding officer.

(1) A presiding officer is responsible for the conduct of polling at a polling station, including—

(a) arranging polling booth or booths in the scheduled polling place that he is responsible for; and

(b) supervising the assistant presiding officer, poll clerk, door-keeper and other electoral officers and officers at the polling place; and

(c) ensuring that polling is conducted in accordance with law; and

(d) properly completing all electoral returns; and

(e) properly and safely keeping all electoral documents and other equipment used in the polling; and

(f) ensuring that ballot-boxes with marked-ballot papers and unused ballot-papers, marked Rolls, returns and other equipment supplied for polling are returned to the Returning Officer.

(2) The appointment of a presiding officer is to be made in Form 5.

8 Assistant presiding officer.

(1) An assistant presiding officer is to assist the presiding officer in polling and in

the return of ballot-boxes with marked ballot-papers and unused ballot-papers, marked Rolls, returns and other materials supplied for polling to the Returning Officer.

(2) An assistant presiding officer is to act as presiding officer if the presiding officer is absent and is then responsible for ensuring proper polling and return of ballot-boxes and electoral documents to the...

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