| Qualifications to be an Absent Elector |
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| Sunday, 10 August 2008 15:26 |
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The Qualifications to be treated as an absent elector are as contained in section 46(1)(A-E) of the elections law(2004) revision and outlined as follows: a) An elector is unable or likely to be unable to go in person to the polling station for one of the following reasons- i) the general nature of the occupation, service or employment of the person in question; ii) that person's service as a member of any of Her Majesty's Forces;
iii) the particular circumstances of that person's employment on the date of the poll either as a constable or for a purpose connected with the elections by the Supervisor. iv) at a general election, the candidature in some other electoral district of that person or that person's wife or husband; v) at a general election, the fact that the person is acting as returning officer for some other electoral district; or vi) at a general election the particular circumstances of that person's employment on the date of the poll by a returning officer for some other electoral district for a purpose connected with the election in that electoral district; c) an elector is unable or likely to be unable to go in person to the polling station due to his absence for whatever reason outside the Islands; d) an elector is unable or likely to be unable to go in person from his qualifying address to the polling station without making a journey by air or sea; or e) an elector is no longer residing at his qualifying address, that elector may vote by post if, in the prescribed manner and within the prescribed time, he applies to be treated as an absent elector and furnishes an address in the Islands or overseas to which the ballot paper is to be sent for the purpose and if his application is allowed by the registering officer under section 47. It should be noted that whilst the application form, (Form B) can be downloaded and printed it must be posted to the registering officer in the district in which you are registered once it is completed. An application to be treated as an absent elector or to be no longer be so treated WILL NOT be accepted by the registering officers if it is received after the twelfth day before the day of the poll at an election, Friday October 27th. The police and elections personnel are exempted. After an application to be treated as an absent elector is allowed an elector will not be entitled to vote in person at the polls on Election Day. It should be also noted that if you are not on a register of electors for any district you cannot obtain a postal ballot and need not complete an application form. IN DETERMINING THE RIGHT TO BE TREATED AS AN ABSENT ELECTOR THE REGISTERING OFFICER SHALL BE GUIDED BY THE FOLLOWING: 47. (1) An application to be treated as an absent elector shall be made to the registering officer and shall be allowed by him if he is satisfied that the applicant is, or will, if registered, be entitled under section 46 to vote as an absent elector. it is based on- a) the general nature of the applicant's occupation, service or employment; b) the applicant's physical incapacity; c) the necessity of a journey by sea or air to go from the applicant's qualifying address to his polling station; or d) the ground that the applicant no longer resides at his qualifying address. (3) An application based on one of the grounds in subsection (2) shall be for an indefinite period, but where such an application is allowed the applicant shall cease to be entitled to be treated as an absent elector in pursuance thereof if- a) he applies to the registering officer to be no longer so treated; b) he ceases to be registered at the same qualifying address; or c) the registering officer gives notice that he has reason to believe there has been a material change of circumstances and the prescribed period elapses after the giving of the notice. (4) The registering officer shall keep a record of absent electors and of the addresses furnished by them as the addresses to which their ballot papers are to be sent. Should an absent elector spoil his or her ballot paper, and if time permits before the close of the poll, the returning officer will deliver or send a new ballot paper to the applicant. It should be noted, however, that the returning officer must be in receipt of the spoiled ballot paper before a new one is issued. The Elections Office wishes to remind all candidates for election (whether standing in the district where the applicant will vote or in any other district) or an agent of any such candidate that it is an offence to: A. Complete any part of an application to be treated as an absent elector; B. Sign any such application on behalf of the applicant; or C. Act as a witness to the signing of such application, or of a declaration of a person who assists an applicant.
It should also be noted that anyone who: a) signs the declaration by the applicant or signs the declaration by a person who assists an applicant in form B knowing or believing the declaration to be false or: b) completes form B on behalf of the applicant or signs form B on behalf of the applicant, without also completing the declaration by a person who assists an applicant is applicant is guilty of an offense and liable on summary conviction to a fine of five hundred dollars or imprisonment for six months. Should an applicant not be able, because of physical or other disability, to complete the application 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 the 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" 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 his full name in the spaces provided. If the reason, or one of the reasons for the application to be treated as an absent elector is that the elector is unable or likely to be unable by reason either of blindness or any other physical incapacity to go in person to the polling station or, if able to go, to vote unaided, the application must be accompanied by form "E". Form E is the certificate from a registered Health Practioner which must be completed and signed by such a registered Health Practioner. INSTRUCTIONS TO PERSONS WHO HAVE BEEN APPROVED AS ABSENT ELECTORS ON HOW TO VOTE BY POSTAL BALLOT 1. Before marking the accompanying ballot paper you must produce- (i) the ballot paper showing the number thereon; (ii) this declaration; and (iii) the envelope in which you received this declaration and the ballot paper, to some person to whom you are known (not being a candidate at the election or the agent of a candidate), who will witness the declaration of identity. 2. You must sign the declaration of identity in the presence of the witness. 3. You may vote for the following number of candidates in your respective electoral district: WEST BAY- FOUR ELECTED MEMBERS GEORGE TOWN- FOUR ELECTED MEMBERS BODDEN TOWN- THREE ELECTED MEMBERS EAST END- ONE ELECTED MEMBER CAYMAN BRAC AND LITTLE CAYMAN- TWO ELECTED MEMBERS Please note that in your particular electoral district you may vote for only the number of seats to be filled. For instance, in the case of Bodden Town you may vote for up to three candidates. To vote for more candidates than there are seats to be filled will render your ballot paper spoiled. 4. You vote by marking the ballot paper on the right hand side with a cross opposite the name of the candidate for whom you vote, thus X. 5. Immediately after voting you must place the marked ballot paper in the enclosed small envelope "A" and fasten it up. You must then place the envelope marked "A" together with the declaration of identity, in the larger envelope marked "B" addressed to the returning officer and despatch it by post without delay. The ballot paper, in order to be counted, must be received by the returning officer not later than the close of the poll. 6. If you receive more than one ballot paper, remember that it is illegal to vote more than once at the same general election or by-election. |
| Last Updated on Tuesday, 06 January 2009 21:15 |


