parliament.gi Elections Rules : Gibraltar

Organisation : The Gibraltar Parliament
Facility : Elections Rules
Territory : Gibraltar

Elections Rules : https://www.electionin.org/uploads/1774-election_rules.pdf
Home Page : http://www.parliament.gi/

Elections Rules

Computation of time. :
** If the latest day by which an act or thing must be done be a Sunday or public holiday or the Saturday before or the Tuesday after Easter Sunday, such day shall be disregarded and the act or thing shall fall to be done not later than the day preceding, not being such an excluded day.

Related : Gibraltar Parliament Application to Vote by Proxy : www.electionin.org/1621.html

** The returning officer shall not be obliged to proceed with the counting of votes on any such excluded day but shall do so on the day next following, not being also an excluded day.

Hours of poll. :
The poll shall commence at nine o’clock in the morning and be kept open till ten o’clock in the afternoon of the same day and no longer.

Method of election :
** lf the number of persons remaining validly nominated after any withdrawals under these rules exceeds the number of vacancies, the persons to fill such vacancies shall be elected from among them at a poll under Part
** If the number does not exceed the number of vacancies, the person or persons (if any) so remaining validly nominated shall be deemed to be elected and shall be declared elected in accordance with Part IV.

Poll to be take by ballot :
(1) The votes at the poll shall be given by ballot.
(2) Each elector shall record his vote only in the polling station for the polling place to which he is allotted in the register of electors, with the exception of postal voters and absentee voters.

The ballot papers :
(1) The ballot of every voter shall consist of a ballot paper and the persons remaining validly nominated after any withdrawals under these rules, and no others, shall be entitled to have their names inserted in the ballot paper.

(2) Every ballot paper in an election shall be as in Form D in the Schedule and shall be printed in accordance with the directions therein and–
(a) shall contain the names and other particulars of the candidates as shown in the statement of persons nominated;
(b) shall be capable of being folded up;
(c) shall have a number printed on the back; and
(d) shall have attached a counterfoil with the same number printed on the face.
(3) The order of the names in the ballot paper shall be the same as in the statement of persons nominated.

The official mark :
(1) Every ballot paper shall be marked with an official mark, which shall be either embossed or perforated.
(2) The official mark on a postal ballot paper shall be a different mark from that embossed or perforated on the ballot papers issued to other voters.
(3) The official marks shall be kept secret.

Keeping of order in station :
(1) It shall be the duty of the presiding officer to keep order at his polling station.
(2) If a person misconducts himself in a polling station or fails to obey the lawful orders of the presiding officer, he may immediately, by order of the presiding officer, be removed from the polling station by a police officer in or near the station or by any other person authorized in writing by the returning officer to remove him, and the person so removed shall not, without the permission of the presiding officer, enter again the polling station during the day.

(3) Any person so removed may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a police officer for an offence without a warrant.
(4) The powers conferred by this rule shall not be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

Sealing of ballot boxes :
Immediately before the commencement of the poll, the presiding officer shall show the ballot box empty, to such persons, if any, as are present in the polling station, so that they may see that it is empty, and shall then lock it up and place his seal on it in such manner as to prevent it being opened Parliament without breaking the seal, and shall place it in his view for the receipt of ballot papers and keep it so locked and sealed.

Question to be put to voters :
(1) The presiding officer may, and if so requested by a candidate or his election or polling agent shall, require any person applying for a ballot paper at the time of his application but not afterwards to produce his identity carnet issued under the Civilians (Registration) Act, or to produce other means of identification and may at the time of such application but not afterwards, require such person to answer the following questions, or either of them, that is to say –

(a) Are you the person registered in the register of electors now in force as follows (read the whole entry from the register) ? and
(b) Have you already voted at the present election in this or any other place?

2. A ballot paper shall not be delivered to any person who fails to comply, to the satisfaction of the presiding officer, with any requirement of such officer under the preceding paragraph.
(3) Save as is by this rule authorized, no enquiry shall be permitted as to the right of any person to vote.