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Appointment of Justices of the Peace

(1) The Governor may, acting in his discretion, by notice published in the Gazette, from time to time, appoint fit and proper persons to be justices of the peace in and for Bermuda.

(2) A person appointed to be a justice of the peace under this section shall hold office as such during the Governor’s pleasure.

(3) A justice of the peace appointed under this section shall have all the privileges and immunities and all the powers and duties specified in any statutory provision enacted before, on or after the coming into force of this section, or in any other provision of law for the time being having effect in Bermuda. (Emphasis added)

Issue of writs of election :
(1) Every parliamentary election in a constituency shall commence with the issue by the Governor of a writ of election under the Public Seal of Bermuda.

(2) A writ of election shall be addressed to one or more Justices of the Peace, who subject to section 29 shall be charged with the duty of holding the parliamentary election in accordance with the terms of the writ and Parts V, VI, VII and VIII: Provided that two or more concurrent writs of election shall not be addressed to the same Justice of the Peace.

(3) Subject to this section, every writ of election shall appoint the nomination day, the polling day and the election room for the parliamentary election.

(4) The nomination day appointed for a parliamentary election shall not be an excepted day and shall, subject to section 27A, be a day at least fourteen days before the polling day.

Nomination Procedure

This is a very important section of the Act as it addresses the nomination procedure and outlines the criteria under which a Returning Officer must accept the nomination of a candidate.

Section 32 was amended by the Parliamentary Election Amendment Act 2012 to allow the Parliamentary Registrar to appoint a nomination place by notice published in the Gazette.

This amendment allows the Registrar to appoint one nomination place instead of having an election room in each constituency open as a nomination place.

A Returning Officer must be at the nomination place between 11:00 a.m. and 1:00 p.m. to accept the nominations of persons as candidates. The Returning Officer must adhere to the following criteria in accepting nominations—
(a) the nomination must be written on a nomination paper as provided for in the Act;

(b) two people who are named on the parliamentary register in the constituency concerned must sign the nomination paper in duplicate, one as proposer, and the other as seconder; neither of whom must have proposed or seconded another candidate in the election.

It shall not be necessary for a nomination paper to be subscribed in the presence of the Returning Officer;

(c) the candidate’s full name must be on the nomination paper;
(d) the nomination paper must be delivered in duplicate to the Returning Officer at the nomination place between 11:00 a.m. and 1:00 p.m.;

(e) the intended candidate must not be nominated as a candidate for any other constituency. In the case of a bye-election, the candidate cannot already be a member of the House of Assembly or a member of the Senate;

(f) the intended candidate or someone on his behalf must have deposited $250 into the Consolidated Fund. An official receipt from the Accountant General’s Office must be forwarded to the Returning Officer as proof of payment, and

(g) the nomination paper must be signed by the candidate to symbolize acceptance of his candidacy in that constituency and no other.

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