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Representation of the People · PDF file 2017. 10. 4. · 6 Chap. 2:01 Representation of the People 80. Expenditure in excess of maximum. 81. Payment of late claim. 82. Failure to

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  • REPRESENTATION OF THE PEOPLE ACT

    CHAPTER 2:01

    LAWS OF TRINIDAD AND TOBAGO

    Act 41 of 1967

    Amended by 20 of 1975 20 of 1976 28 of 1976 51/1980 8 of 1980 37 of 1980 38 of 1980 26 of 1986 25 of 1987

    21 of 1990* 7 of 1992* 8 of 1992 51 of 2000

    *See Note at page 2

    L.R.O.

    Current Authorised Pages Pages Authorised

    (inclusive) by L.R.O. 1–321 ..

    UNOFFICIAL VERSION

    UPDATED TO DECEMBER 31ST 2015

    MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

  • LAWS OF TRINIDAD AND TOBAGO

    2 Chap. 2:01 Representation of the People

    Index of Subsidiary Legislation

    Page Registration Rules (41 of 1967)… … … … … … 96 Election Rules (41 of 1967) … … … … … … 144 Prescribed Forms Rules (41 of 1967) … … … … … 212 Election Proceedings Rules (LN 267/2001) … … … … 304

    Comparative Table of Schedules

    Act No. 41 of 1967 Ch. 2:01 First Schedule First Schedule Second Schedule Registration Rules Third Schedule Election Rules Fourth Schedule Second Schedule Fifth Schedule Prescribed Forms Rules Sixth Schedule Third Schedule

    Note on Omissions Orders and Proclamations made under sections 29 and 30 of the Act have been omitted. References to these may be found in the Current Consolidated Index of Acts and Subsidiary Legislation.

    Note on Act No. 21 of 1990 The Municipal Corporations Act (21 of 1990) repealed the County Councils Act (Ch. 25:04) and replaced the First Schedule (Registration Areas) to the Representation of the People Act. As a result all references in the Representation of the People Act to County Councils, etc., have been removed/replaced with nomenclature to bring the said Act in line with the Municipal Corporations Act.

    Note on Act No. 7 of 1992 The Municipal Councils 1992 Elections (Special Provisions) Act, 1992 (Act No. 7 of 1992) which made special provisions regarding the boundaries of the electoral districts for the purpose of the Municipal Councils elections of 1992, etc., remained in force for one year after its commencement and has since expired

    UNOFFICIAL VERSION

    UPDATED TO DECEMBER 31ST 2015

    MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

  • L.R.O.

    LAWS OF TRINIDAD AND TOBAGO

    Representation of the People Chap. 2:01 3

    CHAPTER 2:01

    REPRESENTATION OF THE PEOPLE ACT

    ARRANGEMENT OF SECTIONS SECTION

    1. Short title. 2. Interpretation.

    PART I

    OFFICERS OF THE COMMISSION 3. Chief Election Officer. 4. Registration Officers, etc. 5. Scrutineers. 6. Returning Officers. 7. Election Clerks. 8. Presiding Officers and Poll Clerks. 9. Commission to appoint Officers, Clerks, etc.

    10. Candidates and members not to be Election Officers.

    PART II

    FRANCHISE AND REGISTRATION 11. Electors. 12. Qualifications for registration as Parliamentary, Municipal Council

    or Tobago House of Assembly electors. 13. Qualification for registration as Municipal Council electors. 14. Change of residence of elector and registration of minors as electors. 15. Disqualification of electors. 16. Registration of persons. 17. Registration areas and registration units. 18. Registers. 19. Registration to be in one unit. 20. Registration records. 21. Transfers of registrations. 22. Transfer of registration of persons eighteen years of age. 23. Identification cards. 24. Power of Chief Election Officer to require information. 25. Objection to registration and disallowance of registration.

    UNOFFICIAL VERSION

    UPDATED TO DECEMBER 31ST 2015

    MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

  • LAWS OF TRINIDAD AND TOBAGO

    4 Chap. 2:01 Representation of the People

    ARRANGEMENT OF SECTIONS—Continued SECTION

    26. Appeal to Court of Appeal. 27. Adaptation of registers on change in registration units. 28. Misnomers in registers, etc. 29. Commission to prepare and publish register annually. 30. Electoral registration.

    PART III

    ELECTIONS 31. Disqualification of Chief Election Officer, Deputy Chief Election

    Officer, Assistant Chief Election Officer and Returning Officers. 32. Disqualifying officers and appointments. 33. Writs of election. 34. Government authorised to adjourn polling day in event of emergency. 35. Rules for elections. 36. Place and manner of voting and facility to employees to vote. 37. Voting at elections. 38. Registration of motor vehicles as electoral vehicles.

    PART IV

    ELECTION CAMPAIGN 39. Exception. 40. Appointment of election agents. 41. Appointment of sub-agent. 42. Offfice of election agent. 43. Effect of default in appointment of election agent.

    ELECTION EXPENSES

    44. Making of contracts through election agent. 45. Payment of expenses through election agent. 46. Personal expenses of candidate and petty expenses. 47. Prohibition of expenses not authorised by election agent. 48. Limitation of election expenses. 49. Time for sending in and paying claims. 50. Disputed claims. 51. Claim by election agent. 52. Return as to election expenses.

    UNOFFICIAL VERSION

    UPDATED TO DECEMBER 31ST 2015

    MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

  • L.R.O.

    LAWS OF TRINIDAD AND TOBAGO

    Representation of the People Chap. 2:01 5

    SECTION

    53. Declaration as to election expenses. 54. Cases where return and declaration not needed. 55. Imputed expense for hire of electoral vehicle. 56. Authorised excuses for failures as respects return and declaration. 57. Power of Court to require information from election agent. 58. Publication of summary of return. 59. Inspection of returns and declarations.

    PART V

    OFFENCES OFFENCES BY ELECTION OFFICERS, ETC.

    60. Offences by Registration Officers, etc. 61. Offences by Election Officers other than Registration Officers. 62. Breaches of official duty. 63. Prohibition of canvassing by Election Officers and the Police. 64. Requirement of secrecy.

    OFFENCES RELATING TO REGISTRATION, ELECTION DOCUMENTS, ETC.

    65. Illegal registration. 66. Destroying or defacing identification cards or other documents. 67. Making false objection or statement and failure to give information. 68. Selling or purchasing or pledging identification or poll cards. 69. Forgery of registration records and identification cards. 70. Tampering with nomination papers, ballot papers, etc. 71. Tampering with ballot boxes.

    OFFENCES RELATING TO ELECTION CAMPAIGN

    72. Disturbance at election meetings. 73. Premises not to be used as committee rooms. 74. False statement in relation to candidate. 75. Corrupt withdrawal from candidature. 76. Name and address of printer on election publication. 77. Providing money for illegal purposes. 78. No payment of expenses except through election agent. 79. Expenses not authorised by election agent.

    UNOFFICIAL VERSION

    UPDATED TO DECEMBER 31ST 2015

    MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

  • LAWS OF TRINIDAD AND TOBAGO

    6 Chap. 2:01 Representation of the People

    80. Expenditure in excess of maximum. 81. Payment of late claim. 82. Failure to make return or declaration as to expenses. 83. Making of false declaration. 84. Failure to comply with order of Court.

    OFFENCES ON POLLING DAY

    85. Use of motor vehicle, etc., for conveying of electors to the poll. 86. Restriction on user of registered electoral vehicles. 87. Power to question passengers and detain vehicles. 88. Prohibition of employment of bands of music. 89. Loudspeakers, banners, favours, badges, etc., prohibited. 90. Persons not to congregate near polling stations. 91. Influencing electors to vote for any candidate. 92. Intoxicating liquor not to be sold. 93. Interference with employees’ time off for voting. 94. Illegal voting.

    OTHER OFFENCES AND SAVINGS

    95. Damage to electoral vehicle. 96. Bribery. 97. Treating. 98. Undue influence. 99. Personation.

    100. Penalty for corrupt practice. 101. Penalty for illegal practice. 102. Findings on charge of corrupt practice or illegal practice. 103. Penalty for illegal payment or hiring. 104. Saving for elections. 105. Rights of creditors.

    PART VI

    LEGAL PROCEEDINGS DISPUTED APPOINTMENTS AND ELECTIONS

    106. Method of questioning appointment or election. 107. Presentation and service of representation petition.

    ARRANGEMENT OF SECTIONS—Continued SECTION

    UNOFFICIAL VERSION

    UPDATED TO DECEMBER 31ST 2015

    MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS www.legalaffairs.gov.tt

  • L.R.O.

    LAWS OF TRINIDAD AND TOBAGO

    Representation of the People Chap. 2:01 7

    108. Time for presentation or amendment of representation petition. 109. Security for costs—representation petition. 110. Notice of presentation and security and copy of petition to be served

    on respondent. 111. Objections to security. 112. Petition at issue. 113. Trial of petition. 114. Elector not to be asked for whom he voted. 115. Witnesses. 116. Power of Court to summon witnesses at its own instance. 117. Witnesses’ expenses. 118. Conclusion of trial of representation petition. 119. Representation petition treated as vacancy petition. 120. Withdrawal of petition questioning an election or return. 121. Evidence required for withdrawal of p

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