Schedule 3Elections Act (2022 Revision)
Elections Rules
CAYMAN ISLANDS — ELECTIONS RULES (2022 Revision) (section 109(3))
PART IPreliminary
1.Citation
These Rules may be cited as the Elections Rules (2022 Revision).
2.Appointment of registration agent by person likely to be absent when preliminary list is prepared
(1)The appointment of a registration agent for registration under section 13(8) shall be made in Form A in the Appendix, or a form to the like effect.
(2)The form of appointment shall be prepared in duplicate. Both copies shall be retained by the registration agent so appointed until the registering officer undertakes the preparation of the revised list under section 14 whereupon one copy shall be delivered to the registering officer.
PART IIAbsent Electors
3.Application to be treated as absent elector
(1)An application to be treated as an absent elector shall be made to the registering officer in Form B or C in the Appendix, or a form to the like effect. The form shall be completed by the applicant and signed by that elector in the presence of a witness, who must then also sign the form and write in that person's full name in the spaces provided: Provided that if the applicant is not able, because of physical or other disability, to complete or sign the form without assistance it may be completed or signed, or both, in the presence of the applicant and in the applicant's name by some other person, not being a candidate for election or the agent of such a candidate. Where this is done the person completing or signing the form must also complete and sign the portion of Form B or C headed "Declaration of person who assists an applicant", in both cases in the presence of a witness who shall then also sign both parts of the form and write in that person's full name in the spaces provided.
(2)Revoked by Rule 2(a) of the Election (Amendment) Rules, 2009.
(3)An application to be treated as an absent elector in relation to any election shall be disregarded if it is received by the registering officer after the twelfth day before the day of the poll at the election: Provided that an application to be treated as an absent elector on the ground of the applicant's employment on the day of the poll by the Supervisor or as a constable may be allowed after the said twelfth day.
(4)The registering officer on allowing or disallowing a person's application to be treated as an absent elector shall notify the applicant of that person's decision.
(5)Revoked by Rule 2(c) of the Election (Amendment) Rules, 2009.
(6)Any candidate for election (whether standing in the district where the applicant will vote or in any other district) or an agent of any such candidate who —
(a)completes any part of an application to be treated as an absent elector;
(b)signs any such application on behalf of an applicant; or
(c)acts as the witness to the signing of such an application, or of a declaration of a person who assists an applicant,
commits an offence and is liable on conviction to a fine of five hundred dollars or to imprisonment for six months and such application is also void.
(7)A person who —
(a)signs the declaration by the applicant or signs the declaration by a person who assists an applicant in Form B or C knowing or believing the declaration to be false; or
(b)completes Form B or C on behalf of the applicant or signs Form B or C on behalf of the applicant, without also completing the declaration by a person who assists an applicant,
commits an offence and is liable on conviction to a fine of five hundred dollars or to imprisonment for six months.
4.List of absent electors
(1)Subject to subrules (2) and (3), the record or list of absent electors shall be in such form as appears to the registering officer to be convenient.
(2)The address to which a ballot paper is to be sent shall be placed opposite the name and number in the register of each absent elector in the absent electors' list for each electoral district.
(3)As soon as the absent electors' list for an electoral district has been prepared the registering officer shall publish it by making a copy thereof available for inspection at that person's office and shall thereupon transmit one copy to the returning officer for that electoral district and one copy to the Supervisor.
PART IIIIssue and Receipt of Postal Ballot Papers
5.Definitions
In this Part —
"agent" includes the election agent and a person appointed to attend in the election agent's place;
"issue" includes the original and any subsequent issue;
"postal ballot paper" means a ballot paper issued to a postal elector; and
"postal elector" means a person entitled to vote by post at an election as an absent elector.
6.Issue of postal ballot papers
Where an election is being held, the returning officer shall, as soon as practicable and in no event later than seven days after nomination day or seven days after the receipt of the application under rule 3(3), whichever date is the later in time, send to each person entitled to vote by post at the address furnished by that person for the purpose, a ballot paper and declaration of identity together with an envelope for their return addressed to the returning officer of the district where the postal elector is to cast that person's vote.
7.Form of postal ballot paper
The ballot paper to be sent to a postal elector shall be in the same form as, and indistinguishable from, the ballot paper delivered to any other elector.
8.Form of declaration of identity
(1)The declaration of identity sent with the ballot paper to a postal elector shall be in Form D set out in the Appendix or a form to the like effect.
(2)The declaration of identity must not be witnessed by a candidate for election (whether standing in the district where the applicant will vote or any other district) or by an agent of any such candidate. Contravention of this provision renders the ballot paper to which it relates void.
(3)A candidate for election (whether standing in the district where the elector will vote or in any other district) or agent of any such candidate who acts as the witness to the signing of any declaration of identity, commits an offence and is liable on conviction to a fine of five hundred dollars or to imprisonment for six months.
9.Persons entitled to be present at the issue and receipt of postal ballot papers
(1)No person other than —
(a)the returning officer and that person's clerk;
(b)a candidate;
(c)an election agent or any person appointed by a candidate to attend in that person's election agent's place; or
(d)any agent appointed under subrule (2),
may be present at the proceedings on the issue or receipt of postal ballot papers.
(2)Where postal ballot papers are to be issued, or the envelopes contained in the postal electors' ballot boxes are to be opened simultaneously in two or more batches, each candidate may appoint one or more agents up to the number that candidate may be authorised by the returning officer to appoint not exceeding the number of such batches so, however, that the number authorised shall be the same in the case of each candidate.
(3)Subject to subrule (5), notice of the appointment of each agent stating the name and address of the person appointed shall be given by the candidate to the returning officer before the time fixed for the issue of postal ballot papers or the opening of the said postal electors' ballot boxes, as the case may be.
(4)Subject to subrule (5), if an agent dies or becomes incapable of acting, the candidate may appoint another agent in that person's place and shall forthwith give to the returning officer notice in writing of the name and address of the agent appointed.
(5)Agents may be appointed and notice of appointment given to the returning officer by the candidate's election agent instead of by the candidate.
(6)In this Part, references to agents shall be taken as references to agents whose appointments have been duly made and notified and, in the case of agents appointed under subrule (2), who are within the number authorised by the returning officer.
(7)A candidate may themselves do any act or thing which any agent of that candidate, if appointed, would have been authorised to do, or may assist that person's agent in doing any such act or thing.
(8)Where in this Part any act or thing is required or authorised to be done in the presence of the candidates or their agents, the non-attendance of any such candidate or agent at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.
10.Declaration of secrecy
(1)Every person attending the proceedings on the issue or receipt of postal ballot papers shall make a declaration of secrecy in Form E as set out in the Appendix, or in a form as near thereto as circumstances admit, before the issue of postal ballot papers: Provided that if any person only attends the proceedings on the receipt of postal ballot papers that person need not make the declaration before the issue but shall make it before that person is permitted to attend the proceedings on the receipt of postal ballot papers.
(2)The returning officer shall make the declaration in the presence of a Justice of the Peace, and any other person shall make the declaration in the presence either of a Justice of the Peace or of the returning officer.
(3)Any person before whom a declaration is authorised to be made under this rule may take the declaration. Any person who contravenes such declaration commits an offence and is liable on conviction by a magistrate to a fine of five hundred dollars or to imprisonment for six months.
11.Notice of issue of postal ballot papers
(1)The returning officer shall give each candidate not less than two days notice in writing of the time and place at which that returning officer shall issue the postal ballot papers and of the number of agents such candidate may appoint under rule 9(2) to attend the said issue.
(2)Where any subsequent issue of postal ballot papers is made, the returning officer shall notify each candidate as soon as practicable of the time and place at which that returning officer will make such subsequent issue and of the number of agents such candidate may appoint under rule 9(2) to attend such issue.
12.Marking of postal ballot papers
(1)Before the issue of a postal ballot paper the name and number of the elector shall be called out and such number shall be marked on the counterfoil and a mark shall be placed in the absent electors' list against the number of the elector to denote that a ballot paper has been issued to the elector but without showing the particular ballot paper issued.
(2)The number of a postal ballot paper shall be marked on the declaration of identity sent with that paper.
13.Refusal to issue postal ballot paper
Where a returning officer is satisfied that two or more entries in the absent electors' list relate to the same elector, that returning officer shall not issue more than one ballot paper in respect of the same elector.
14.Ballot paper envelope
A returning officer shall, in addition to the ballot paper, declaration of identity and envelope for their return (hereinafter referred to as a "covering envelope") which that returning officer is required by rule 6 to send a postal elector, send a smaller envelope marked "ballot paper envelope" bearing the number of the ballot paper.
15.Delivery of postal ballot papers to post office
(1)All envelopes addressed to postal electors shall be counted and forthwith delivered by the returning officer to the nearest head post office, or such other office as may be arranged with the Postmaster General and the Postmaster General shall stamp with the post office date stamp a form of receipt to be presented by the returning officer stating the number of envelopes so delivered and shall, by Cayman Islands Postal Service Express Mail Service or such other postal delivery or trackable courier service as may be determined by the Supervisor, immediately forward such envelopes for delivery to the persons to whom they are addressed.
(2)The Elections Office shall provide to each postal elector, a prepaid return slip which the postal elector shall use to return the postal elector's postal ballot.
16.Provision of postal electors ballot boxes
(1)The returning officer shall, at the proceedings on the original issue of postal ballot papers provide a ballot box or ballot boxes for the reception of the covering envelopes when returned by the postal electors.
(2)Every such ballot box shall be shown open and empty to the agents present and shall then be locked by the returning officer and sealed with the seal of the returning officer and the seals of such of the agents as desire to affix their seal in such manner as to prevent its being opened without breaking the seals.
(3)Every such ballot box shall be marked "Postal electors ballot box" and with the name of the electoral district for which the election is held.
(4)The returning officer shall make provision for the safe custody of every ballot box.
17.Sealing up of absent electors' lists and counterfoils
(1)The returning officer as soon as practical after the completion of the issue of the postal ballot papers and in the presence of the agents, shall make up in separate packets —
(a)a marked copy of the absent electors' list; and
(b)the counterfoils of those ballot papers which were issued,
and shall seal such packets.
(2)The sealed packets may be opened by the returning officer for the purpose of a subsequent issue and on completion of that issue shall be again made up and sealed in accordance with subrule (1).
18.Receipt of covering envelopes
The returning officer shall, immediately upon receipt (either by hand or by post) of a covering envelope before the close of the poll, place it unopened in a postal electors' box locked and sealed in accordance with rule 16.
19.Opening of postal electors' ballot box
(1)Each postal electors' ballot box shall be opened by the returning officer in the presence of the agents at the close of the poll.
(2)When a postal electors' ballot box has been opened, the returning officer shall count and note the number of covering envelopes.
20.Opening of covering envelope
(1)Before proceeding to open the covering envelopes, the returning officer shall, for the purpose of receiving the accepted ballots of the postal electors, prepare a ballot box by showing it open and empty to the agents present and by locking it and by having affixed thereto the seal of the returning officer and the seals of such agents as desire to affix their seals in such manner as to prevent the box being opened without breaking the seals.
(2)The returning officer shall open each covering envelope separately.
(3)Where a covering envelope does not contain both a declaration of identity and a ballot paper envelope or, there being no ballot paper envelope, a ballot paper, that returning officer shall mark the covering envelope "Rejected", attach thereto the contents (if any) of the covering envelope and place it in a separate receptacle (hereinafter referred to as "the receptacle for votes rejected"). If the covering envelope does not contain the declaration separately, the returning officer shall open the ballot paper envelope to ascertain if the declaration is inside that envelope.
(4)On determining that an envelope contains both a declaration of identity and a ballot paper envelope or, if there is no such envelope, the ballot paper, the returning officer shall first satisfy themselves that the declaration of identity has been duly signed and authenticated and, if that returning officer is not so satisfied, that returning officer shall mark the declaration "Declaration rejected", attach thereto the ballot paper envelope or, if there is no such envelope, the ballot paper, and place it in the receptacle for votes rejected: Provided that before so doing that returning officer shall show the declaration to the agents and, if any objection is made by any agent to that person's decision, that returning officer shall add the words "Rejection objected".
(5)Where the number on the declaration of identity duly signed and authenticated agrees with the numbers on the ballot paper envelope, the returning officer shall place the declaration in a separate receptacle (hereinafter referred to as "the receptacle for valid declaration of identity") and the ballot paper envelope in another separate receptacle (hereinafter referred to as "the receptacle for valid ballot paper envelopes").
(6)Where there is no ballot paper envelope or the ballot paper envelope has been opened under subrule (3) the returning officer shall —
(a)if the number of the declaration of identity duly signed and authenticated agrees with the number on the ballot paper, place the declaration in the receptacle for valid declarations of identity and the ballot paper in a ballot box referred to in subrule (1); and
(b)if the number on the said declaration does not agree with the number on the ballot paper, mark the declaration "Vote rejected", attach thereto the ballot paper and place it in the receptacle for votes rejected.
(7)Where the number on the declaration of identity duly signed and authenticated does not agree with the number on the ballot paper envelope or that envelope has no number on it, that returning officer shall open the envelope and shall —
(a)if the number on the declaration agrees with the number on the ballot paper, place the declaration in the receptacle for valid declarations of identity and the ballot paper in the ballot box referred to in subrule (1); and
(b)if the number on the declaration does not agree with the number on the ballot paper or there is no ballot paper, mark the declaration "Vote rejected," attach thereto the ballot paper (if any) and place it in the receptacle for votes rejected.
(8)Except for the purposes of ascertaining under subrule (3) whether a ballot paper envelope contains a declaration of identity or under subrule (7) whether the number on the declaration agrees with the number on the ballot paper, the returning officer shall not open the ballot paper envelopes before they are opened under rule 22.
21.Sealing up rejected votes and declarations
On the conclusion of the proceedings under rule 20, the returning officer shall put the contents of the receptacle for votes rejected and the contents of the receptacle for valid declarations of identity into two separate packets and shall seal up such packets.
22.Opening of ballot paper envelopes
(1)After sealing up the said packets the returning officer shall open separately each ballot paper envelope placed in the receptacle for valid ballot paper envelopes.
(2)Where a ballot paper envelope does not contain a ballot paper, that returning officer shall mark the envelope "Empty".
(3)Where the number on a ballot paper envelope agrees with the number on the ballot paper contained therein, that returning officer shall place the ballot paper in the ballot box referred to in rule 20(1).
(4)Where the number on the ballot paper envelope does not agree with the number on the ballot paper contained therein, that returning officer shall mark the ballot paper "rejected" and attach the ballot paper envelope thereto.
(5)The returning officer shall put into a separate packet the envelopes marked "Empty" and the ballot papers marked "rejected" under this rule and shall seal up such packet.
23.Count of postal ballots
The ballot box referred to in rule 20(1) and the ballot papers placed therein under rules 20 and 22 shall respectively be treated in all respects as a ballot box and ballot papers for the purposes of section 58.
23A.Postal and mobile station ballot papers to be mixed prior to count
A returning officer shall not count the votes given on any ballot papers until postal ballot papers and mobile station ballot papers have been mixed with the ballot papers from at least one other ballot box.
24.Forwarding of documents and handling of late ballots
(1)The returning officer shall, at the same time as that returning officer forwards the documents mentioned in section 61, forward to the Supervisor —
(a)any packet referred to in rule 17, 21 or 22 endorsing on each packet a description of its contents, the date of the election to which it relates and the name of the electoral district for which the election was held; and
(b)a statement of the number of postal ballot papers issued in such form and giving such other particulars with respect to such papers as the Supervisor may require.
(2)Where any covering envelopes are received by the returning officer after the close of the poll or any envelopes addressed to postal electors are returned as undelivered too late to be re-addressed, that returning officer shall put them unopened into a separate packet, seal up such packet and forward it at a subsequent date in the manner described in subrule (1).
25.Ballot paper for by-election
For the purposes of by-elections the form of ballot paper shall be as prescribed in Form 26 in the Schedule of the Act but that for the words "General Election" therein shall be prescribed the word "By-Election".