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Notice of date for submission of lists

Section 9 of the Representation of the People Act (Cap. 1:03) states:

The Elections Commission shall, by notice published in the gazette, appoint the day, being a day not later than the 32nd day before election day, on which lists of candidates may be submitted to the Chief Election Officer; and there shall be included in the notice particulars of the hours between which and the place at which the Chief Election Officer will attend to receive the lists.

Chief Election Officer to receive lists.

Section 10 of the Representation of the People Act (Cap. 1:03) states:-

The Chief Election Officer shall attend in accordance with the notice given under section 9 to receive the lists of candidates; and no list shall be received at any other time or place.

Requirements of lists

Section 11 of the Representation of the People Act (Cap. 1:03) states:-

(1) A list of candidates comprising registered voters who are eligible to be members of the National Assembly may be submitted by not less than three hundred and not more than three hundred and thirty persons for national top-up lists, and for each geographical constituency not less than one hundred and fifty and not more than one hundred and seventy-five persons whose names appear at the time of submission on the preliminary list mentioned in section 2(3), whether or not that list has at that date been modified as required by that section and shall be handed together with one copy thereof to the Chief Election Officer by the representative or the deputy representative of the list or b two of the persons names as candidates on the list at the time or by two of the persons named as candidates on the list at the time and place appointed; and the Chief Election Officer shall forthwith cause the copy of the list to be posted in a conspicuous place outside his office.

(2) A list of candidates shall be in Form 2, and the submission shall bear the signature of each person submitting the same together with his name and the serial number of his registration card;

Provided that if any such person is unable to sign his name, his mark, made against his name written by some other person, shall be deemed to be his signature for the purposes of this paragraph but not for the purposes of section 12.

(3) A list of candidates shall set out the names, one below the other in such order as each party may determine of the surnames of other names of at least 42 persons who are qualified to be elected to the National Assembly and who have consented to the inclusion of their names in the list as candidates for election, together with the address and occupation of each such person.

(4) Each list of candidates shall be accompanied by a statutory declaration, in Form 3, by each person named therein as a candidate of his qualifications and consent, made before a justice of the peace, commissioner of oaths, notary public or other person authorized by law to administer an oath in the place where the declaration is made.

(5) Each list of candidates shall bear a title selected by the persons by whom it is submitted.

(6) Subject to section 11B, no person shall be a candidate on more than one list of candidates and no person shall be a signatory to more than one list.

(7) For the avoidance of doubt it is declared that a person may be a signatory to a list of candidates notwithstanding that he is named therein as a candidate.

(8) Stamp duty shall not be chargeable on any statutory declaration made for the purposes of this section.

(9) In the event of the name of the person designated by any list of candidates as a Presidential candidate being deleted pursuant to section 21 from the list –

  1. the representative of the list; or

  2. if there is no representative or if the representative is unwilling or unable (by reason of absence, illness or any other cause) to act, the deputy representative of the list; or

  3. in the case of any such unwillingness or inability on the part of the deputy representative or if there is no deputy representative, a majority of persons names as candidates in the list may designate in writing any such person able and willing to act, who

shall forthwith and before election day, by written notice signed by him and delivered to the Elections Commission, amend the list by designating any person name remains as a candidate on the list as the Presidential candidate designated by that list.

(10) On receipt of any notice of amendment pursuant to subsection (9), the Elections Commission shall forthwith and before elections day give public notice of the amendment in such manner as it may in all the circumstances deem the most practicable and with effect from the time when such notice is given the new Presidential candidate designated by that list.

Requirements for geographical constituencies

Section 11A of the Representation of the People Act (Cap. 1:03) states:-

(1) The National Assembly shall contain at least sixty-five elected members, and their election shall be on a party lists basis to which the system of proportional representation shall be applied; in this section and in section 11C the representation referred to is known as the largest remainder system using the “Hare quota”.

(2) Guyana shall be divided in ten geographical constituencies for the purpose of electing members of the National Assembly from each geographical constituency.

(3) Each of the ten regions of Guyana constituted as a registration district and a polling district under the Local Democratic Organs (Regional Democratic Councils) Order 1980 shall be deemed to be a geographical constituency.

(4) The ten geographical constituencies shall elect twenty-five of the members of the National Assembly. The number of members to be elected from each geographical constituency mentioned in the first column of the Table below shall be as shown in the corresponding entry in the second column of the Table.

GEOGRAPHICAL CONSTITUENCIES
NUMBER OF MEMBERS OF THE NATIONAL ASSEMBLY ELECTED
No. 1
2
No. 2
2
No. 3
3
No. 4
7
No. 5
2
No. 6
3
No. 7
2
No. 8
1
No. 9
1
No. 10
2

 

(5) The remaining elected members of the National Assembly shall be chosen from lists supplied by contesting parties and such list shall be designated “national top-up lists”.

Characteristics that party lists must satisfy

Section 11B of the Representation of the People Act (Cap. 1:03) states:-

(1) Each party shall contest in a minimum of six of the ten geographical constituencies, and shall also satisfy the criterion that a contesting party is contesting at least thirteen of the twenty-five seats specified in section 11A (4) in respect of the geographical constituencies.

(2) Each party shall submit, for each geographical constituency in which it is contesting the general election, a list of names of persons qualified to be elected to the National Assembly and each such list shall comprise two more names than the number of members of the National Assembly specified in section 11A (4) for the specific geographical constituency for which the list is submitted.

(3) Each party shall submit a national top-up list, separate and distinct from lists relating to geographical constituencies, comprising at least forty-two names of persons qualified to be elected to the National Assembly, and the party’s Presidential candidate shall be so identified on, and only on, its national top-up list.

(4) Each party may duplicate names on its geographical constituency lists and its national top-up list, subject to the following provisions -

  1. a candidate’s name can appear on only one geographical constituency list;

  2. a candidate’s name can appear on only one party’s lists;

  3. a candidate’s name can appear on a geographical constituency list and also on the national top-up list of a party, but if the candidate is allocated a seat based on the results in a geographical constituency that candidate’s name cannot also be extracted from the national top-up list, and vice versa, for membership of the National Assembly.

(5) The total number of females on each party’s national top-up list shall be at least one-third of the total number of persons on that list.

(6) The total number of females on any party’s lists for geographical constituencies, taken together, shall be at least one-third of the total number of persons on those lists taken together for the geographical constituencies in which that party is contesting.

(7) There shall be no more than twenty percent of the number of geographical constituencies in which a party is contesting for which the party’s geographical constituency list contain no female.

(8) In the extraction from the lists and declaration of names of the candidates who have been elected account shall be taken -

(i) of the total number of females on each party’s national top-up lists and the lists for geographical constituencies, taken together, being at least one-third of the number of persons on those lists as mentioned in paragraphs (5), (6) and (7); and

(ii) of the proportion that women formed of the electorate.

  1. The order in which a party states the names of candidates on its lists shall be as the party deems fit.

Voting and allocation of seats in the National Assembly

Section 11C of the Representation of the People Act (Cap. 1:03) states:-

(1) Every elector shall have only one vote which shall be cast in the geographical constituency in which he is registered and votes in respect of the list of his choice, and that vote shall be counted to determine the outcomes of both the election for that geographical constituency and for the country taken as a whole: a vote for a party’s geographical constituency list is simultaneously a vote for that party’s national top-up list.

(2) Within each geographical constituency, the seats allocated to a party for membership of the National Assembly from the geographical constituency shall be determined by application of the system of proportional representation to the valid votes cast in that geographical constituency in relation to the total number of seats being contested in that geographical constituency, thereby allocating to parties the twenty-five seats under section 11A(4).

(3) Subject to the proviso to subsection (5) for the country taken as a whole, the total seats allocated to a party for membership of the National Assembly shall be determined by application of the system of proportional representation to the valid votes for parties countrywide in relation to the sixty-five elected seats of the National Assembly.

(4) For each geographical constituency, each party shall extract from its geographical constituency list the candidates to become members of the National Assembly on the basis of the seats allocated under subsection allocated under subsection (2).

(5) The number of seats in the National Assembly that is additional to the number of seats allocated to a party from the geographical constituencies as determined under subsection (2) shall be determined by subtracting the number determined under subsection (2) from the total number of seats that is to be allocated to the party under subsection (3):

“Provided that in the event that the arithmetical calculations of total seats allocated to a party for membership of the National Assembly in accordance with subsection (3) produce the result that a party is allocated a fewer number of seats than those it has already obtained on the basis of the calculations that are in accordance with subsection (2), the allocations based on the distribution of sixty-five seats shall be made; the number of elected members of the National Assembly shall be increased to accommodate the allocations of the number of non-geographical members and no further calculation based on the increased size of the Assembly shall be done.”

(6) Each party shall extract from its national top-up list candidates who together comprise the additional number of seats allocated to the party under subsection (4), provided that the provisions in section 11B(4) (c) are observed.”

Representatives of lists

Section 12 of the Representation of the People Act (Cap. 1:03) states:-

(1) The persons submitting a list of candidates may nominate one of their number as representative of the list and another as deputy representative, both of whom shall be candidates named in that list and –

  1. where neither a representative nor a deputy representative is so nominated, the persons (other than persons who are not candidates) whose signatures appear first and second in the submission shall be deemed to have been nominated as representative and deputy representative respectively;

  2. where a representative is not so nominated, the person nominated as deputy representative shall be deemed to have been nominated as representative and the person (other than the person nominated as deputy representative and persons who are not candidates) whose signature appears first in the submission shall be deemed to have been nominated as deputy representative; and

  3. where a deputy representative is not so nominated, the person (other than the person nominated as representative and persons who are not candidates) whose signature appears first in the submission shall be deemed to have been nominated as deputy representative.

(2) Notwithstanding anything in this Act or in any other written law -

(i) the provisions of subsection (1) shall apply mutatis mutandis to the national top-up list;

(ii) the representative of the national top-up list may serve as representative of –

  1. each of the list for the ten geographical constituencies; and

  2. each of the lists for the ten regional democratic councils

Examination of lists

Section 13 of the Representation of the People Act (Cap. 1:03) states:-

On receipt of the lists of candidates the Chief Election Officer shall examine them for the purpose of ascertaining whether they have been submitted in accordance with section 11 or section 11A as the case may be, and shall, after examination, deliver them to the Commission together with his report thereon.

Defective lists

Section 14 of the Representation of the People Act (Cap. 1:03) states:-

(1) If it appears to the Commission that a list of candidates is defective, that is to say, that the list or its submission does not comply in all respects with the requirements of section 11(1), (2),(3),(4) and (5) or section 11B or bears a misleading title, the Chief Election Officer shall, not later than the 30th day before election day, so inform the representative and the deputy representative of the list, specifying the defects:

Provided that if the list does not bear a title the Commission may, if it seems to it just and proper to do so, instead of treating the list as defective, allocate a title thereto.

(2) If the name of any person appears as a candidate on tow or more lists of candidates the Chief Election Officer shall -

  1. not later than the 30th day before election day inform the representatives and deputy representatives of the lists concerned;

  2. delete the name of that person from any list on which the Commission are satisfied he did not consent to the inclusion of his name;

  3. delete his name from each list on which it appears if the Commission are satisfied that he consented to the inclusion of his name on more than one list.

(3) If the name of any person appears as a signatory to the submission of more than one list, his signature shall be inoperative on any list other than the one first delivered to the Chief Election Officer and the Chief Election Officer shall delete his name from each other list, and if any reason of such deletion it appears to the Commission that any list is defective in that in the case of the national top-up lists there remain less than three hundred signatories thereto or in case of a geographical constituency there remain less than one hundred and fifty of the registered voters as signatories thereto, such list shall be treated as defective.

Corrections to lists

Section 15 of the Representation of the People Act (Cap. 1:03) states:-

The representative and deputy representative of a list of candidates, or either of them, may, not later than the 29th day before election day, submit to the Chief Election Officer corrections of any defects in the list 9whether or not those defects are defects which have been notified under section (14); and the Chief Election Officer shall forward the corrections to the Commission together with his report hereon.

Applications for symbols

Section 16 of the Representation of the People Act (Cap. 1:03) states:-

(1) The representative an deputy representative of a list of candidates, or either of them, may, not later than the 32nd day before election day, make application in writing addressed to the Chief Election Officer for the allocation of a symbol which shall be a symbol approved by the Commission.

  1. Applications for symbols shall be considered by the Commission in the order in which they have been received but no right shall be conferred by priority of application to the allocation of the symbol for which application is made or for any particular symbol.

Approval of lists

Section 17 of the Representation of the People Act (Cap. 1:03) states:-

(1) Subject to section 18 no list of candidates shall be valid unless it has been approved by the Commission not later than the 28th day before election day.

(2) If it appears to the Commission that a list of candidates is not defective or that defects in it have been cured by corrections submitted in accordance with section 15, they shall approve it and allocate thereto such symbol as they in their discretion decide; and if it appears to the Commission that a defective list has not been so corrected, they shall refuse to approve it.

(3) Not later than the 28th day before election day, the Commission shall notify the representative and deputy representative of each list that the list is or is not approved and shall publicly declare the titles of the approved lists and the names of candidates thereon.

(4) The refusal of the Commission to approve a list shall not be called in question in any court except by appeal under section 18, and the approval of a list by the Commission shall not be called in question in any court except in accordance with law made under article 163 of the Constitution

Appeal against refusal of approval

Section 18 of the Representation of the People Act (Cap. 1:03) states:-

(1) Where the Commission have refused to approve a list of candidates, the representative and deputy representative of the list, or either of them, may not later than the 26th day before election day, appeal to the High Court against such refusal.

(2) The High Court shall hear the appeal and deliver judgment within such time before election day as will enable the Commission duly to comply with the requirement of section 19 relating to publication of the list; and the judgment of the court shall not be subject to appeal.

  1. The court may –

    1. dismiss the appeal; or

    2. approve the list to which the Commission have refused to give their approval; or

    3. approve that list with such modifications as to the court may seem just;

and when the court approves a list, with or without modification, the list as approved by the court shall have effect as if it had been approved by the Commission under section 17.

Publication of lists

Section 19 of the Representation of the People Act (Cap. 1:03) states:-

The Commission shall, not later than the 23rd day before election day, cause to be published in the Gazette the titles and symbols of the lists approved by them or the High Court and the names of the candidates on those lists and may cause such further publication of the same, for the information of electors, as the Commission considers desirable.

Withdrawal of lists

Section 20 of the Representation of the People Act (Cap. 1:03) states:-

A list of candidates may be withdrawn by notice in writing addressed to the Chief Election Officer and signed by both the representative and deputy representative of the list:

Provided that a list shall not be withdrawn after the Commission have notified the representative and deputy representative thereof that it has been approved.

Death or withdrawal of candidate

Section 21 of the Representation of the People Act (Cap. 1:03) states:-

(1) If a person whose is included in a list of candidates which has been submitted to the Chief Election Officer dies or, by notice in writing signed by him and addressed and delivered to the Chief Election Officer, withdraws his candidature, his name shall be deleted from the list and, if the list has already been published under section 19, tie Commission shall cause notification of the deletion to be published in like manner:

Provided that no such notice shall be delivered as aforesaid after the 31st day before election day.

(2) The deletion of the name of any candidate by reason of his death from any list of candidates after its approval by the Commission shall not render the list defective; and correction of any defect caused by deletion of a dead candidate’s name from any list of candidates may, notwithstanding anything to the contrary provided in section 15, be submitted at any time before the approval of such list:

Provided that where, by reason of any deletion first mentioned in this paragraph no names remain on a list of candidates, such list shall cease to have effect.

Joinder of lists

Section 22 of the Representation of the People Act (Cap. 1:03) states:-

(1) Subject tot subsection (2), two or more lists of candidates shall be joined for the distribution of seats (but not for the purpose of voting) if the representative and deputy representative of each list to be so joined gives notice accordingly in writing to the Chief Election Officer not later than the 25th day before election day; and lists so joined are hereinafter referred to collectively as a combination of lists.

(2) No list of candidates shall be included in more than one combination of lists and if any notice given under subsection (1) would, if given effect, result in a contravention of this section, that list shall not be included in any combination of lists.

  1. The Commission shall cause a notification of combination of lists to be published not later than the 23rd day before election day in the Gazette and may cause such further publication of the same, for the information of electors, as the Commission considers desirable.

 

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