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Pitcairn Islands Consolidated Legislation (Historical Versions) |
LAWS OF PITCAIRN, HENDERSON, DUCIE
AND OENO ISLANDS
Revised Edition 2012
CHAPTER XI
LOCAL GOVERNMENT ORDINANCE
_______________________
Arrangement of sections
PART I—PRELIMINARY
Section
1. Short title
2. Interpretation
PART II—ISLAND OFFICERS, ISLAND COUNCIL
3. Island Officers.
4. Election of Island Magistrate and provisions relating to casual vacancies.
5. Election of other Island Officers and provisions relating to casual vacancies.
6. Island Council.
7. Powers and duties of Council.
8. Incorporation of the Council.
9. Internal Committee.
10. Chief Executive Officers and Island Secretary
10A. Interpretation.
PART III—ELECTION OF ISLAND OFFICERS
11. Qualification of voters
11A. Election year denied.
12. Preparation of Register of Voters
13. Election day.
14. Qualification for election of Island Officers
14A. Disqualifications for election and holding office as an Island Officers.
15. Nomination of candidates
16. Elections
17. Absentee voting
18. Appointment of proxy to vote
PART IV—ELECTION OFFENCES
19. Interfering with or influencing voters
20. Offences in respect of official documents.
21. Voting offences.
22. Bribery
23.Undue influence.
24. Infringement of secrecy.
25. Criminal proceedings.
PART V—DISPUTED ELECTIONS
26. Application for recount.
27. Scrutineers
28. Conduct of recount.
29. Application for leave to bring petition for inquiry.
30. Hearing of election petition.
31. Who may be respondent.
32. Time for inquiry.
33. Powers of Magistrate.
34. Result of inquiry.
35. Election not void by reason of certain irregularities.
36. Costs of inquiry.
37. New election if declared void.
38. Order to be final
39. Elections not to be questioned other than by petition.
Ordinances Nos:
1 of 1964.
1 of 1967.
1 of 1982.
1 of 1983.
6 of 1983,
2 of 1985.
1 of 1986
1 of 1987
1 of 1990.
1 of 1992.
4 of 1997
1 of 2004
7 of 2004
2 of 2008
3 of 2008
6 of 2009
4 of 2010.
5 of 2010.
2 of 2011
An ordinance relating to the Local Government of Pitcairn, Henderson, Ducie and Oeno Islands.
[8th November, 1964]
PART I—PRELIMINARY
Short title.
1. This ordinance may be cited as the Local Government Ordinance.
Interpretation.
2. In this ordinance unless the context otherwise requires—
"civic obligations" means work or services performed from time to time by inhabitants of the islands for the common benefit of the islanders.
(Inserted by Ordinance No. 5 of 2010)
"Council" means the Island Council constituted under the provisions of this ordinance;
"Councillor" means any person from time to time holding the office of Councillor under the provisions of this ordinance;
["election year" has the meaning set out in 11A;]
(Inserted by Ordinance No. 6 of 2009)
"Government Treasurer" means the person from time to time appointed by the Governor to hold the public office of Government Treasurer;
"islander" means any inhabitant, whether temporary or permanent, of the Islands or any of them;
"Island Officer" means and includes any person from time to time holding the office of Mayor, under the provisions of this ordinance;
(Amended by Ordinance No. 2 of 2011)
"Island Secretary" means the person from time to time appointed by the Governor to hold the public office of Island Secretary;
"Mayor" means the person from time to time holding the office of Mayor under the provisions of this ordinance;
"official office" means and includes any public office and any office to which any person is elected or appointed under the provisions of this ordinance;
"public office" means any office constituted under the provisions of [section 32 of the Constitution of Pitcairn], but shall not include any office to which any person is elected or appointed under the provisions of this ordinance;
(Amended by Ordinance No. 4 of 2010)
"public officer" means and includes any person from time to time appointed by the Governor to hold any public office;
"Recorder" means the person from time to time appointed by the Council, under the provisions of this ordinance, to receive and record votes at polls taken for the election of Island Officers;
"the public notice board" means the notice board maintained on Pitcairn Island for the public
notification of matters relating to the Islands.
PART II—ISLAND OFFICERS, ISLAND COUNCIL
Island Officers
3.—[(1) There shall be the following elected officials to be known as Island Officers—
(a) the Mayor, who shall be:
(i) elected for a term of 3 years;
(ii) eligible, upon expiry of his or her term of office, to be elected Mayor for a second term of 3 years;
(b) the Deputy Mayor, who shall be elected for a 2 year term; and
(c) [five Councillors, who shall each be elected for a 2 year term.]
(Repealed and replaced by Ordinance No. 6 of 2009) (Amended by Ordinance No. 2 of 2011)
(2) If any Island Officer is sentenced to imprisonment by any Court in any part of the Commonwealth the Governor may in his discretion request such person to resign from his or her office and if such person fails to resign from such office within seven days after such request is communicated to him or her the office held by him or her shall be deemed to become vacant at the expiration of such period of seven days as though such person had in fact resigned.
(3) If any Island Officer dies, resigns, or by reason of his or her permanent absence from the Islands or any other permanent incapacity is unable to perform his or her duties the office of such Island Officer shall be deemed to become vacant:
Provided that if any Island Officer is by reason of his or her absence from the Islands or by illness or any other incapacity unable to perform his or her duties for any period of six months or more such Island Officer shall for the purposes of this Ordinance be deemed to be permanently absent from the Islands or permanently incapacitated as the case may be and the office of such Island Officer shall be deemed to become vacant at the expiration of such period of six months.
[(4) A person who has been elected to the office of Mayor in two consecutive Mayoral elections shall not be eligible to stand for election as Mayor at the next following Mayoral election, but shall be eligible to stand at the next or any subsequent Mayoral election after that.]
(Inserted by Ordinance No. 6 of 2009)
Election of Mayor and provisions relating to casual vacancies
4.—(1) Between the first and fifteenth days of December 1987 inclusive and thereafter between the first and fifteenth days of December inclusive in every third succeeding year the inhabitants of Pitcairn Island shall elect, in the manner provided therefore in Part III of this ordinance, the Mayor who shall take office on the first day of January in the year following the year of his or her election and remain in office until the 31st day of December in the third year following the year of his or her election and be eligible for re-election.
(2) If any vacancy occurs in the office of Mayor by reason of the death, resignation, permanent absence from the Islands or any permanent incapacity of the Mayor to perform his or her duties the [Deputy Mayor] shall succeed to the office of Mayor and shall be deemed to have been elected to such office for the unexpired balance of the term of office of the person to whom he or she succeeds in such office.
(Amended by Ordinance No. 6 of 2009)
[(3) If the Mayor shall by reason of illness, absence from the Islands or otherwise become temporarily incapable of performing his or her duties, the Deputy Mayor shall act in the office of Mayor until such time as the Mayor resumes his or her duties or the office of the Mayor becomes vacant, and while so acting the Deputy Mayor shall have all of the powers and exercise all of the duties of the Mayor as though he or she had been elected to such office under the provisions of this ordinance.]
(Repealed and replaced by Ordinance No. 6 of 2009)
[(4) If the office of any Island Officer (other than the Mayor) becomes vacant and at the time that the vacancy occurs the unexpired period of that Officer's term is 120 days or greater there shall be a by-election for that office and the person or persons elected shall hold office for the remainder of the term that would have been served by the person whose office became vacant.
(5) The by-election shall be conducted in accordance with the provisions of Part III of this Ordinance with the following amendments:
(a) The Island Secretary shall prepare and publicly notify the list required by s12(1) within 5 days of the vacancy occurring;
(b) Any objections of the type possible under s12 (2) must be made within 3 days of public notification;
(c) The Council shall at a meeting held not later than 10 days after the vacancy has occurred set and publicly notify an election day on which the by-election shall be held, which shall be a day not earlier than 15 nor later than 20 days after the vacancy occurred.
(6) The office of Deputy Mayor shall be deemed to become vacant when the Deputy Mayor succeeds to the office of Mayor under subsection (2) but not when, in terms of subsection (3), the Deputy Mayor acts in the office of Mayor while the Mayor is temporarily incapable.
(7) If the office of any Island Officer (other than the Mayor) becomes vacant and at the time that the vacancy occurs the unexpired period of that Officer's term is less than 120 days the Council shall at a meeting held not later than 10 days after the vacancy has occurred appoint a person to be a member of the Council for the balance of the term provided that the person so appointed is a person who would be eligible to stand for election to the Council.]
(Inserted by Ordinance No. 6 of 2009)
Election of other Island Officers and provisions relating to casual vacancies
5.—(1) Between the first and fifteenth days of December inclusive in every [election] year the inhabitants of Pitcairn Island shall elect, in the manner provided in Part III of this ordinance, the Island Officers other than the Mayor.
(Amended by Ordinance No. 6 of 2009)
(2) The Island Officers elected under the provisions of this section shall take office on the first day of January in the year following the year of their election and remain in office until the next succeeding 31st day of December.
(3) If any vacancy occurs in the office of any Island Officer, other than the Mayor, by reason of the death, resignation, or permanent absence from the Islands or any other permanent incapacity, of the holder of such office, the Council shall forthwith appoint such suitable person as it sees fit to hold the office so vacated and any person so appointed shall be deemed to have been elected under the provisions of this ordinance to the office to which he or she is appointed for the unexpired balance of the term of office of the person in whose place he or she is appointed.
(4) If any Island Officer, other than the Mayor, shall by reason of illness, absence from the Islands or otherwise become temporarily incapable of performing his or her duties or is appointed to act in the office of Mayor under the provisions of subsection (3) of section 4 of this ordinance, the Council shall appoint such suitable person as it sees it to act in the office of such Island Officer until such time as such Island Officer resumes his or her duties or such office becomes vacant and while so acting the person so appointed shall have all of the powers and exercise all of the duties of such Island Officer as though elected to such office under the provisions of this ordinance.
Island Council.
6.—[(1) There shall be an Island Council which shall consist of:
(a) the following voting members, namely—
(i) the Island Officers, who shall be elected members;
(b) the following non-voting, ex officio, members, namely-
(i) the Governor;
(ii) the Deputy Governor;
(iii) the Governor's representative;
(iv) the Commissioner.
(Amended by Ordinance No. 2 of 2011)
(2)
(Repealed by Ordinance No. 2 of 2011)
(3) The Island Officers shall hold various portfolios, which shall be assigned by the Council.]
(Repealed and replaced by Ordinance No. 6 of 2009)
(4) The Council shall meet for ordinary meetings once in every month and for special meetings at such other times as it may be summoned by the Mayor, who shall fix the time of ordinary and special meetings.
(5) The Mayor shall preside at every meeting of the Council. He or she shall have an original vote and, in the case of an equal number of votes on any question before the Council, a second or casting vote.
(6) No business shall be transacted at any meeting of the Council unless at least five voting members [] are present.
(Amended by Ordinance No. 2 of 2011)
(7) Every question before the Council shall be decided by the majority of the votes of the voting members present.
(8) The Council shall have power to adjourn its sittings from time to time.
(9) No act or proceeding of the Council shall be questioned on account of any vacancy in its membership.
(10) All Council meetings shall be open to the public in so far as the seating accommodation permits:
Provided that members of the public may be excluded from any Council meeting whilst such meeting is adjourned into Committee.
(11) The Island Secretary shall be Clerk to the Council and shall record the minutes of all meetings of the Council.
Powers and duties of Council
7.—(1) Subject to the orders and directions of the Governor, it shall be the duty of the Council to provide for the enforcement of the provisions of this and all other ordinances for the time being in force in the Islands and of any regulations made thereunder and it may make, amend or revoke regulations for the good administration of the Islands, the maintenance of peace, order and public safety and the social and economic betterment of the islanders.
(2) Without derogating from the generality of the provisions of the last preceding subsection the Council may make, amend or revoke regulations relating to—
(a) public health and keeping the Islands clean;
(b) town and country planning;
(c) the use and control of public property;
(d) [civic obligations];
(Inserted by Ordinance No. 5 of 2010)
(e) plant and animal quarantine;
(f) the care and control of animals and wild life;
(g) the care of children and aged persons;
(h) the conservation of land, soil and food supplies;
(i) fishing and fishing rights;
(j) the prison;
(k) the registration, use, care and demarcation of land;
(l) the control of explosives and firearms;
(m) trading by and between islanders and visits to ships; and
(n) the appointment, powers and duties of such officers, boards and committees as the Council considers necessary for the efficient discharge of any of its duties or the implementation of any regulations made under the provisions of this or any other ordinance.
(3) All regulations made under the provisions of this ordinance shall be signed by the Mayor and by the Island Secretary and publicly notified by affixing copies thereof to the public notice board and shall come into force on the day of such notification.
(4) Copies of all regulations made under the provisions of this ordinance shall be sent forthwith to the Governor who may by order, to be publicly notified by affixing a copy of the same to the public notice board, alter, vary or revoke any such regulations.
(5) Any regulations made under the provisions of this ordinance may provide for the charging of fees in respect of anything to be done thereunder and the imposition of penalties for offences against any of such regulations which penalties shall not exceed a fine of one hundred dollars or imprisonment for any term not exceeding forty days for each such offence.
Incorporation of the Council
8.—(1) The Council shall be a body corporate and by the name of the Island Council shall have perpetual succession and a common seal.
(2) The Council shall have power to hold land in accordance with the provisions of the Lands Court Ordinance, to enter into contracts which are necessary or incidental to the exercise of its powers under this or any other ordinance or which are for the benefit of the inhabitants of the islands and to sue and be sued, in contract or in tort or otherwise, in relation to any of the powers or duties conferred or imposed upon it by or under the provisions of this or any other ordinance:
Provided that the Governor may if he thinks it vary or rescind any act or decision of the Council resulting in any financial expenditure or obligation.
(3) Service of any document on the Island Secretary shall be deemed to be service on the Council.
9. (Repealed by Ordinance No. 6 of 2009)
Chief Executive Officer, Island Secretary and Government Treasurer
10.—(1) The Mayor, in addition to his or her duties as President of the Council, shall be the chief executive officer of the Islands, and shall discharge such duties as may from time to time be assigned to him or her by the Governor.
(2) The Island Secretary shall, in addition to any other duties required to be performed by him under the provisions of this or any other ordinance
(a) prepare monthly copies of the minutes of all meetings of the Council and of the Committee for transmission through the Mayor to the Governor.
(b) undertake all official correspondence of the Council, the Mayor and the Committee and ensure that copies of all such correspondence are kept and properly filed in the archives of the Islands; and
(c) perform such other duties as the Governor or the Mayor may from time to time direct.
(3) The Government Treasurer shall keep the accounts of the Islands and perform such other duties as the Governor or the Mayor may from time to time direct.
(4) For the purposes of subsections (2) and (3) of this section directions given by the Mayor to the Island Secretary or to the Government Treasurer for the performance of any duties shall, to be valid, be not inconsistent with the provisions of this ordinance or the provisions or requirements of any other law.
PART III—ELECTION OF ISLAND OFFICERS
Interpretation
[10A. For the purposes of this Part
(a) the calculation of any qualifying period of continuous residence on Pitcairn Island shall exclude any absences from the Island for any cause of up to six months in any year;
(b) a person who was born away from Pitcairn Island to parents who were at the time normally resident on the Island and who returned with those parents or either of them during infancy and thereafter lived on the Island indefinitely shall be deemed to have been born there.
(c) Governor's Representative means the person for the time being holding office as the representative of the Governor on the island.]
(Inserted by Ordinance No. 1 of 2004)
(Amended by Ordinance No. 7 of 2004)
Qualification of voters.
11. The following persons being of or over the age of eighteen years shall be qualified to vote—
(a) every person who was born on Pitcairn Island and who at the time of the elections is normally resident on the Island and intends to remain there indefinitely;
(b) every person who at the time of the elections is normally resident on the Island and has been so resident for a continuous period of not less than three years and intends to remain there indefinitely;
(c) the spouse of any person qualified to vote under paragraphs (a) or (b) who lives with that person on the Island as his or her spouse and has done so for a continuous period of not less than one year regardless of the nationality of such spouse;
(d) the de facto marital partner of any person qualified to vote under paragraph (a) or (b) who lives with that person on the Island as his or her partner and has done so for a continuous period of not less than two years regardless of the nationality of such partner.]
(Repealed and replaced by Ordinance No. 1 of 2004)
Election year defined
[11A. The following years shall be election years:
(a) 2009 and every second year thereafter (for election of Deputy Mayor and Councillors);
(b) 2010 and every third year thereafter (for election of Mayor).]
(Inserted by Ordinance No. 6 of 2009)
Preparation of Register of Voters.
12.—[(1) The Island Secretary shall in the month of October in each year determine whether the year is an election year, and, if so, whether the election is for the office of Mayor or for Councillors, or both, and if it is an election year shall prepare a list of all persons qualified to vote which list shall be signed by the Mayor and publicly notified by affixing a copy of the same to the public notice board between the 1st and 7th days of November.]
(Repealed and replaced by Ordinance No. 6 of 2009)
(2) Any person who desires to make any objection to anything contained in or omitted from any list publicly notified under the provisions of subsection (1) of this section may, not later than the tenth day of November in each year, give written notice of such objection to the Mayor who shall forthwith determine such objection. The decision of the Mayor upon such objection shall be final; and, if necessary, the list shall be amended in accordance therewith and the list as so amended shall be publicly notified by affixing a copy of the same on the public notice board not later than the fifteenth day of November in the year in which the objection is made.
(3) The list as prepared and publicly notified in accordance with the provisions of subsection (1) of this section and subject to any amendments publicly notified under the provisions of subsection (2) shall be called the Register of Voters and no person whose name does not appear in such Register shall be entitled to vote at any election held in that year.
Election Day
13.—(1) At a meeting to be held not later than the fifteenth day of November in each [election] year the Council shall appoint a day between the first and fifteenth days of December inclusive of that year, to be known as election day, for the election of Island Officers, and at the same meeting shall appoint a time and place when and where the election of Island Officers is to take place on the election day so appointed. The day, time and place so appointed shall be publicly notified by affixing a notice thereof on the public notice board not less than ten days before the election day so appointed.
[(2) The Island Council when appointing and notifying the election day shall specify in its public notice whether the election is for the officers of Councillors or Mayor or both.]
(Amended by Ordinance No. 6 of 2009)
Qualification for election of Island Officers
[14. Only persons of or over the age of twenty-one years and whose names appear in the Register of Voters shall be eligible for election to the office of Councillor and those of or over the age of twenty-five years to the office of Mayor or [Deputy Mayor]:
Provided that no such persons, other than native born inhabitants of Pitcairn Island, shall be eligible for election
(a) to the office of Councillor unless they have resided on the Island for not less than three years;
(b) to the office of Mayor or [Deputy Mayor] unless they have resided on the Island for not less than ten years [or five years respectively] following the grant of the status of permanent residence under section 4(2A) of the Immigration Ordinance or, in the case of native born inhabitants for not less than three years after returning to reside permanently on the Island.] cap.12.
(Repealed and replaced by Ordinance No. 1 of 2004)
(Amended by Ordinance No. 7 of 2004)
(Amended by Ordinance No. 6 of 2009)
Disqualifications for election and holding office as an Island Officer
14A. A person shall be disqualified from being elected to, or from holding, the office of Mayor, [Deputy Mayor] or Island Councillor if:
(a) that person is, at the time of nomination or on the election day, detained in a prison pursuant to a sentence of imprisonment of 3 months or more imposed by a Pitcairn Islands court; or
(b) that person has, within 5 years before the election day or since his or her election, been convicted of any offence by a Pitcairn Islands court and has had passed on him or her a sentence of imprisonment for a period of 3 months or more; or
(c) that person has, within 5 years before the election day or since his or her election, commenced to serve a sentence of imprisonment for a period of 3 months or more in respect of an offence for which he or she was earlier convicted by a Pitcairn Islands court.
(Amended by Ordinance No. 2 of 2011)
Nomination of Candidates
15.—(1) All candidates for election to any elected office shall be nominated at a public meeting of persons whose names appear in the Register of Voters which meeting shall be called by the Mayor not less than seven days before the election day and shall be presided over by the Mayor.
[(1A) Any person qualified to be elected in accordance with the provisions of Sections 14 and 14A who at the time of the public meeting prescribed by subsection (1) for the nomination of candidates is temporarily absent from the Island for an expected period of up to three months shall be eligible for nomination and election provided that the person nominating that candidate produces to the Mayor at the meeting the signed consent in writing of the candidate to his or her nomination, which may include a facsimile message with signature or any message with signature in electronic form.]
(Inserted by Ordinance No. 1 of 2004)
(2) Any person whose name appears in the Register of Voters may nominate a candidate.
(3) The names of all candidates nominated for election shall be publicly notified on the public notice board not less than four days before the election day.
Election
16.—(1) Where only one candidate is nominated for election to the office of Mayor, such candidate shall be deemed to have been elected. Where more than one candidate is nominated for election to such office a poll shall be taken.
(2) Where only one candidate is nominated for election to the office of [Deputy Mayor], such candidate shall be deemed to have been elected. Where more than one candidate is nominated for election to such office a poll shall be taken.
(Amended by Ordinance No. 6 of 2009)
(3) Where only [five] candidates are nominated for election to the office of Councillor, such candidates shall be deemed to have been elected. Where more than [five] candidates are nominated for election to such office a poll shall be taken.
(Amended by Ordinance No. 2 of 2011)
(4) The poll shall be taken on the election day at the time and place appointed under the provisions of section 13 of this ordinance.
(5) If a poll is to be taken for the election of any Island Officers in any year the Council shall, as soon as practicable after the public meeting held under the provisions of section 15 of this ordinance, appoint a suitable person, to be known as the Recorder to receive and record all votes tendered at such poll.
(6) Subject to the provisions of subsection (8) of this section, if a poll is to be taken for the election of any Island Officers in any year all persons whose names appear in the Register of Voters shall attend on the election day at the time and place appointed under the provisions of section 13 of this Ordinance and then and there tender their votes for all offices in respect of which a poll is taken by indicating in writing on the voting cards, prepared and then and there handed to them by the Recorder, the names of all candidates for whom they wish to vote.
(7) Subject to the provisions of subsection (8) of this section, no person shall be permitted to tender a vote for or on behalf of any other person.
(8) (i) Any person whose name appears on the Register of Voters and who satisfies the Recorder that on account of ill health or infirmity or on account of his or her being detained in a prison in the Islands he or she is precluded from attending at the time and place when and where the poll is to be taken may apply in writing under his or her signature for a voting card to be handed to such other person as he may in such application nominate for delivery to him.
(ii) On receipt of such application and being satisfied as aforesaid the Recorder shall on the day on which the poll is to be taken hand a voting card to the person nominated in the application.
(iii) On receipt of such voting card the person nominated by the applicant shall forthwith deliver the same to the applicant who shall there and then in the presence of the person nominated by him as aforesaid indicate in writing on the voting card the names of the candidates for whom he wishes to vote, fold the voting card so as to conceal his vote, seal the voting card in an envelope to be supplied by the Recorder, sign his or her name across the back of the envelope and hand the envelope to the person nominated by him or her as aforesaid for return to the Recorder.
(iv) On receipt of such sealed envelope from the applicant the person nominated by him or her shall forthwith return to the place where the poll is being taken and there in the presence of the Recorder shall open the sealed envelope, removing the voting card from the envelope, hand the empty envelope to the Recorder, and without unfolding the voting card, tender the voting card in the same way as he or she would his or her own voting card.
(v) In this section a reference to being detained in a prison includes detention in a residence pursuant to a direction made under section 32 of the Parole Ordinance 2002.
(9) Immediately after the completion of the voting the votes shall be counted by the Recorder.
(10) The Recorder shall as soon as practicable after all votes have been counted publicly notify the names of the persons elected or deemed to have been elected by announcing the same at the Courthouse and by affixing notice thereof on the public notice board.
Absentee voting
[17. Notwithstanding the provisions of section 16, any person temporarily away from the Island at the time of the election, who would if present be eligible to vote, may exercise his or her right as an absentee voter in accordance with the following conditions—
(a) it shall be the responsibility of any such person to obtain from the Island Secretary, the office of the Pitcairn Island Administration or the office of the Governor, the nomination list and voting paper issued seven days prior to the elections;
(b) any such person wishing to vote must attend at the office of the Pitcairn Island Administration or the Governor not less than two clear days prior to the election on the Island and complete the voting paper in the sight and presence of a public officer designated by the Governor for the purpose;
(c) every such public officer shall forthwith transmit full particulars of the vote to the Governor's Representative on the Island who will hold the same in a sealed envelope until the election when, provided that the person is eligible to vote and the vote is not invalid, it will be included in the counting process by being tendered to the Recorder by the Governor's Representative in the same manner as provided by paragraph (iv) of section 16(8) of this ordinance.]
(Inserted by Ordinance No. 1 of 2004)
Appointment of proxy to vote
[18. A person who intends to be temporarily absent from the Island at the time of the election and who would if present be entitled to vote may, in accordance with the following conditions, apply for appointment of a named person as his or her proxy to cast a vote on election day on his or her behalf:
(a) The application for appointment of a proxy must be made in the form set out as appendix 1 to this Ordinance.
(b) The person sought to be appointed as proxy must be on the Register of Voters.
(c) The application form must be signed and delivered to the Island Secretary not earlier than 15 November in the year of the election nor later than 7 days before the election day.
(d) The form may be delivered by hand or by the electronic transmission of a scanned copy of the original form sent to the email address isec@pitcairn.gov.pn (or such other email address as may be prescribed by regulations made under this Ordinance) and if delivered by electronic transmission must contain a return email address to which notification of approval of appointment may be sent.
(e) The Island Secretary must approve an application on the prescribed form if he or she is satisfied that the applicant is a person who if present would be entitled to vote and that the named proxy is on the Register of Voters.
(f) The Island Secretary shall advise the applicant if the application is approved, either in person (when or shortly after the application is delivered by hand) or by email (when the application is delivered in that manner).
(g) Not less than 2 days before election day the Island Secretary shall notify the Recorder in writing of the names of all persons in respect of whom a proxy vote has been approved (save in respect of appointments that were subsequently revoked in accordance with subparagraph (j) and
(k)) and in each case shall name the person who is appointed proxy.
(h) On election day the Recorder shall distribute a voting card to each appointed and approved proxy and shall receive and record the vote of the proxy as if it were the vote of the person who appointed the proxy.
(i) A person's appointment as a proxy under this section shall end when his or her proxy vote has been made, received and recorded in accordance with subparagraph (h). However, if for any reason that election were disputed in accordance with this Ordinance and a new election ordered, then the appointed proxy may vote in that new election without need for a further appointment unless his or her appointment as a proxy has been terminated in accordance with subparagraph (j).
(j) The appointment of a proxy in accordance with this Ordinance may be revoked only in the following manner:
(i) when a Recorder has been appointed under s 16(5), by notice to the Recorder provided that such notice is given not later than 2 days before election day;
(ii) when a Recorder has not been appointed, by notice to the Island Secretary;
(iii) such notice must be signed and state that the person wishes to revoke the appointment of his or her proxy, and the notice shall either be delivered by hand (to Recorder or Island Secretary as applicable) or by way of a scanned copy sent by email to the address specified in subparagraph (d) above, or any replacement address that may be notified by regulations made under this Ordinance.
(k) Any revocation of the appointment of a proxy shall be effective only upon its receipt by the Island Secretary or Recorder in accordance with subparagraph (j).]
(Inserted by Ordinance No. 2 of 2008)
[PART IV—ELECTION OFFENCES
Interfering with or Influencing voters
19.—(1) Every person commits an offence, and is liable on summary conviction to a fine not exceeding $2,000, who —
(a) interferes in any way with any person who is about to vote with the intention of influencing or advising that person as to whether or how he or she should vote:
(b) during the period commencing 1 October and ending at midnight on election day, gives information that he or she knows to be false to any person with the intention of influencing or advising that person as to how he or she should vote.
Offences in respect of official documents
20.—(1) Every person commits an offence who—
(a) intentionally removes, obliterates, or alters any official mark or official writing on any voting document, or other official document used at or in c onnection with an election:
(b) forges, counterfeits, fraudulently marks, defaces, or fraudulently destroys any voting document, or other official document used at an election, or the official mark on that document:
(c) supplies, without authority, a voting document to any person:
(d) obtains or has possession of any voting document, other than one issued to that person under this ordinance or any regulations made under this ordinance for the purpose of recording his or her vote, without authority:
(e) intentionally destroys, opens, or otherwise interferes with any ballot box or box or parcel of voting documents without authority.
(2) Every person who commits an offence against subsection (1) is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine of $2,000 or both.
Voting offences
21. Every person commits an offence, and is liable on summary conviction to imprisonment for a term not exceeding 6 months, who—
(a) votes or applies to vote more than once at the same election; or
(b) without authority, removes, deletes, or otherwise interferes with any voting document, or other record of a vote that has been cast.
Bribery
22.—(1) Every person commits the offence of bribery who, directly or indirectly, on that person's own or by another person,—
(a) gives, lends, agrees to give or lend, offers, promises, or promises to obtain any money or valuable consideration to or for any elector, or to or for any person on behalf of any elector, or to or for any other person, in order to induce any elector to vote or refrain from voting; or
(b) gives or obtains, agrees to give or obtain, offers, promises, or promises to obtain or to try to obtain any office or place of employment to or for any elector, or to or for any person on behalf of any elector, or to or for any other person, in order to induce the elector to vote or refrain from voting; or
(c) corruptly does any act referred to in paragraph (a) or paragraph (b) on account of an elector having voted or refrained from voting; or
(d) makes any gift, loan, offer, promise, or agreement referred to in paragraph (a) or paragraph (b) for, or with, any person in order to induce that person to obtain or try to obtain the election of any person or the vote of any elector; or
(e) upon or as a consequence of any gift, loan, offer, promise, or agreement referred to in paragraph (a) or paragraph (b), obtains, or tries to obtain, the election of any person or the vote of any elector; or
(f) advances or pays, or causes to be paid, any money to or for the use of any other person, intending that that money or any part of it will be used for bribery at any election; or
(g) knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or partly used for bribery at any election.
(2) An elector commits the offence of bribery if,—
(a) before or during the voting period at the election, he or she, directly or indirectly, on his or her own or by another person, receives, or agrees or contracts for, any money, gift, loan, or valuable consideration, office, place, or employment for himself or herself or for any other person for voting or agreeing to refrain from voting:
(b) after the voting period at the election, he or she directly or indirectly, on his or her own or by another person, receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting.
(3) Every person who commits bribery is liable on summary conviction to imprisonment for a term not exceeding 6 months.
Undue influence
23.—(1) Every person commits the offence of undue influence—:
(a) who, directly or indirectly, on that person's own or by another person, makes use of or threatens to make use of any force, violence, or restraint against any person—
(i) in order to induce or compel that person to vote or refrain from voting:
(ii) on account of that person having voted or refrained from voting:
(b) who, by abduction, duress, or any fraudulent device or means,—
(i) impedes or prevents the free exercise of the vote of any elector:
(ii) compels, induces, or prevails upon any elector either to vote or to refrain from voting.
(2) Every person who commits the offence of undue influence is liable on summary conviction to imprisonment for a term not exceeding 6 months.
Infringement of Secrecy
24.—(1) The Recorder and every other electoral official—
(a) must maintain and assist in maintaining the secrecy of the voting; and
(b) must not communicate to any person, except for a purpose authorised by law, any information likely to compromise the secrecy of the voting.
(2) No person, except as provided by this ordinance or regulations made under this ordinance, may—
(a) interfere with or attempt to interfere with a voter when marking or recording his or her vote; or
(b) attempt to obtain, in the building or other place where the voter has marked or recorded his or her vote and immediately before or after that vote has been marked or recorded, any information as to any candidate for whom the voter is about to vote or has voted; or
(c) communicate at any time to any person any information obtained in the building or other place where the voter has marked or recorded his or her vote and immediately before or after that vote has been marked or recorded, as to—
(i) any candidate for whom, or the proposal for or against which, the voter is about to vote or has voted; or
(ii) any number on a voting document marked or transmitted by the voter.
(3) Every person present at the counting of votes must—
(a) maintain and assist in maintaining the secrecy of the voting; and
(b) must not, except as is provided by this ordinance or regulations made under this ordinance, communicate any information obtained at that counting as to any candidate for whom, or proposal for or against which, any vote is cast by a particular voter.
(4) Every person commits an offence who contravenes or fails to comply with this section.
(5) Every person who commits an offence against subsection (4) is liable on summary conviction to imprisonment for a term not exceeding 6 months.
Criminal Proceedings
25. No person other than the Pitcairn Public Prosecutor may take criminal proceedings for an offence under this ordinance.]
(Inserted by Ordinance No. 3 of 2008)
[PART V—DISPUTED ELECTIONS
Application for recount
26.––(1) If any candidate has reason to believe that the public declaration by the electoral officer of one or more of the elected candidates is incorrect, and that on a recount of votes the first-mentioned candidate might be elected, he or she may, within 72 hours after the public declaration and the affixing of the notice of elected candidates referred to in section 16(10), apply to the Island Magistrate for a recount of the votes.
(2) An application under subsection (1) must be in writing and specify the grounds upon which it is believed that the counting of votes might be incorrect and shall be deemed to have been made when the application is delivered by hand to the Island Secretary.
(3) Upon receiving an application under subsection (2) the Island Secretary shall immediately transmit it to the Island Magistrate.
(4) If the Island Magistrate is satisfied that the applicant has reasonable grounds to believe that the declaration is incorrect and that on a recount the applicant might be elected, the Island Magistrate must, as soon as practicable after receiving the application—
(a) cause a recount of the votes to be made; and
(b) give notice in writing to the Recorder, Island Secretary and to each of the candidates of the time and place at which the recount will be made.
27. Each candidate may, by notice in writing, appoint 1 scrutineer for the recount.
Scrutineers
28.—(1) At the recount, the Recorder must produce to the Island Magistrate all the voting documents used at the election.
Conduct of recount
(2) The recount must be made in the presence of the Island Magistrate, or of a person appointed by him or her for the purpose, and—
(a) must, as far as is practicable, be made in the manner provided in the case of the original count unless the Island Magistrate orders otherwise; and
(b) section 24 (relating to security and secrecy) applies, with any necessary modifications, to the recount.
(3) If, on the recount, the Island Magistrate is satisfied that the public declaration was incorrect, the Magistrate must order the Recorder to give an amended announcement and notice under section 16 of the result of the election.
(4) If, on the recount, the Island Magistrate is satisfied that the public declaration was correct, the Island Magistrate must order the Recorder to make an announcement to that effect and affix a notice to that effect on the public notice board.
(5) Where the Island Magistrate has made an order under either subsection 3 or subsection 4 no further application for a recount may be made by any person.
Application for leave to bring petition for inquiry
29.—(1) Any candidate or any 4 electors with a complaint about the conduct of an election may apply for leave to file a petition in the Magistrate's Court.
(2) An application for leave under subsection (1) must—
(a) be filed within 7 days after public notice is given declaring the result or, as the case may be, the amended result of the election (or, in the case of a recount which results in the affirmation of the result of the election, then within 7 days of that affirmation); and
(b) specify the specific grounds on which the complaint is based.
(c) be accompanied by a filing fee of $200.
(3) An application for leave under subsection (1) shall be filed, and the filing fee paid, by hand delivery to the Island Magistrate, provided that if the Island Magistrate is not present on Pitcairn Island then such application may be filed and fee paid by hand delivery to the Island Secretary.
(4) An application for leave shall:
(a) be determined by a Magistrate other than the Island Magistrate;
(b) be granted only if the Magistrate is satisfied that there are reasonable grounds for the complaint.
(5) The Magistrate may consider and determine the application for leave in any manner he or she thinks fit, and may give a direction that the application—
(a) shall be heard and determined on the papers filed in support of the application for leave; or
(b) shall be heard orally, and in that event the Magistrate may at his or her election call for oral submissions to be presented by way of a live television link at a specified time and place so as to facilitate a hearing at which the Magistrate is outside the Islands.
Hearing of election petition
30.–– (1) If the Magistrate grants leave to file a petition the hearing of the petition may then proceed in such manner, and at such time and place, as the Magistrate specifies.
(2) No grounds other than those stated in the application for leave to file a petition may be investigated, except with the leave of the Magistrate hearing the petition. Hearing of election petition.
(3) Leave may be given under subsection (2) on such terms and conditions (if any) that the Magistrate considers just.
Who may be respondent
31.—(1) Notice of an intention to oppose a petition may be filed in the Magistrate's Court by—
(a) any candidate or any 2 electors, if the petition concerns an election; or
(b) an electoral officer or other electoral official, if the petition complains of the conduct of the electoral officer or other electoral official.
(2) The person or persons who file a notice under subsection (1) are the respondent or respondents to the petition.
(3) Notices under this section must be given in the same manner as is set out in section 29(2)(b).
Time for inquiry
32. The inquiry must be commenced within 28 days after the filing of the petition, and not less than 2 days public notice must be given of the time and place at which the inquiry will be held.
Powers of Magistrate
33.—(1) For the purposes of the inquiry, the Magistrate conducting it—
(a) has and may exercise all the powers of citing parties, compelling evidence, and maintaining order that the Magistrate would have in the Magistrate's ordinary civil jurisdiction; and
(b) may, in addition, at any time during the inquiry direct a recount or scrutiny of the votes given at the election; and
(c) must sit on his or her own without assessors; and
(d) may preside over the hearing of evidence and legal submissions by means of a live television link whereby the Magistrate is outside the Islands and the persons presenting evidence or submissions are within the Islands; and
(e) may appoint a delegate within the Islands to inquire into some or all of the facts and otherwise to provide assistance to the Magistrate, and in that event shall record in his or her decision the result of that inquiry or that assistance.
(2) If a recount or scrutiny is conducted under subsection (1) (b), the Magistrate must disallow the vote of every person who—
(a) has voted, despite not being entitled to vote at the election; or
(b) has voted more than once at the election.
Result of Inquiry
34. The Magistrate must determine whether,—
(a) as a result of an irregularity that in the Magistrate's opinion materially affected the result of the election, the election is void; or
(b) the candidate whose election is complained of, or any and which other candidate, was elected.
Election not void by reason of certain irregularities
35.—(1) If subsection (2) applies, an election must not be declared void on the ground of—
(a) any irregularity in any of the proceedings preliminary to the voting; or
(b) any failure to hold the election at any place appointed for holding the election; or
(c) a failure to comply with the directions contained in this ordinance or any regulations made under this ordinance as to the conduct of the election or the counting of the votes; or
(d) by any mistake in the use of prescribed forms.
(2) This subsection applies if the Magistrate conducting an inquiry into the conduct of an election considers that the irregularity, failure, or mistake referred to in subsection (1) did not affect the result of the election.
Costs of inquiry
36.—(1) The Magistrate may order that all or part of the expenses of, or incidental to, the inquiry are to be met by—
(a) any party or parties to the inquiry; or
(b) any electoral officer or other electoral official if the Magistrate declares the election void on the ground of intentional or reckless misconduct by that electoral officer or other electoral official
(2) In particular—
(a) any costs which in the opinion of the Magistrate have been caused by vexatious conduct, unfounded allegations or unfounded objections on the part either of the petitioner or of the respondent; and
(b) any needless expense incurred or caused on the part of the petitioner or respondent, may be ordered to be defrayed by the parties by whom it has been incurred or caused, whether or not they are on the whole successful.
(3) The order may be enforced as a judgment for a debt.
(4) Despite subsection (1), no order may be made against any person who is not a party to the inquiry unless the person has been summoned to appear and give evidence at the inquiry.
New election if declared void
37.—(1) If an election is declared void, a new election must be held under the same provisions, as far as practicable, as those applicable to the void election.
(2) The new election must be held within 28 days of the election being declared void and the Island Council shall appoint the day for the election in accordance with section 13 with such adjustments as are necessary.
(3) The only persons eligible to vote at the new election are the persons who were eligible to vote at the void election.
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URL: http://www.paclii.org/pn/legis/hist_act/lgo2012re284
