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Papua New Guinea Consolidated Legislation |
This reprint of this Statutory Instrument incorporates all amendments, if any, made before25 November 2006 and in force at 1 July 2001.
.........
Legislative Counsel
Dated 25 November 2006
INDEPENDENT STATE OF PAPUA NEW GUINEA.
No. 2 of 1997.
National and Local-level Government Electoral Regulation 1997
ARRANGEMENT OF SECTIONS.
National and Local-level Government Electoral Regulation 1997
MADE by the Head of State, acting with, and in accordance with, the advice of the National Executive Council, under the Organic Law on National and Local-level Government Elections.
Dated 200 .
(1) In this Regulation, unless the context otherwise requires, or some other meaning is clearly intended–
“the Law” means the Organic Law on National and Local-level Government Elections.
(2) A reference to a form by number shall be read as a reference to a form so numbered in the Schedule.
The fee for a copy of the latest print of an electorate Roll shall be K0.40 per page.
(1) A claim for enrolment shall be in Form 1.
(2) A witness to a claim for enrolment shall be–
(a) an elector; or
(b) a person who is qualified to be an elector.
A claim for transfer of enrolment shall be in Form 2.
A claim for–
(a) alteration of enrolled address within the same electorate; or
(b) correction of name, address or occupation of the elector,
shown on the electorate Roll shall be in Form 3 and shall be witnessed by an elector or a person who is entitled to be an elector.
(1) The Returning Officer may, subject to the direction of the Electoral Commission, make inquiries as to the names of persons entitled to be enrolled, but who are not enrolled, or who have changed their place of residence from one address in the electorate to another address in that electorate without notifying the Returning Officer.
(2) Where the Returning Officer is satisfied that a person has failed to comply with the provisions of Section 57 of the Law, he may notify him of the non-compliance in Form 4.
(3) A person may reply to a notice under Subsection (2) in Form 5.
(4) Where a person–
(a) fails to reply to a notice under Subsection (2); or
(b) does not reply to a notice under that subsection in a satisfactory manner,
the Returning Officer may, with the consent of the Electoral Commission, institute proceedings against that person.
A notice of transfer of enrolment shall be in Form 6.
(1) A notification or rejection of–
(a) a claim for enrolment; or
(b) transfer of enrolment,
shall be in Form 7.
(2) A notification under Subsection (1) shall be–
(a) sent to the claimant at the postal address; or
(b) delivered to the place of residence,
shown on his claim.
(1) Where an objection to a name on a Roll is in writing it shall be in Form 8.
(2) For the purposes of Sections 67 and 68 of the Law, Assistant Returning Officers are prescribed officers.
(1) For the purposes of Section 69(2) of the Law, where a notice of objection to a name on a Roll is in writing it shall be in Form 9.
(2) The answer to a notice of objection under Subsection (1) shall, where it is in writing, be signed by the person to whom the notice is directed, in the presence of a witness who shall be–
(a) an elector; or
(b) a person qualified to be an elector.
(3) An answer to an objection shall be given or delivered, as the case may be, to the Returning Officer for the electorate to which the Roll relates.
(1) A notice of the determination of and objection by the Returning Officer may be in Form 10.
(2) A notice under Subsection (1)–
(a) removing the name of the person objected to; or
(b) dismissing the objection,
shall be delivered or posted by registered post to the last known place of residence of the objector or the person objected to or both, as the case requires.
(1) An application to the District Court for an order–
(a) directing that the name of an elector be enrolled or reinstated on the Roll, as the case requires, under Section 72(1) of the Law; or
(b) sustaining an objection under Section 72(2) of the Law,
shall be in writing.
(2) An application under Subsection (1)(b) shall be lodged within two months after the determining of the objection.
(3) Service of notice of application under Section 72(3) of the Law shall be delivered or posted by registered post to the last known place of residence of the objector or the person objected to, as the case requires.
The nomination of a candidate for election shall be in Form 11.
An electronic advice from an Assistant Returning Officer or authorized person to the Returning Officer for the electorate notifying nomination of a candidate shall be in Form 12.
A notice of withdrawal of nomination of a candidate–
(a) shall be in Form 13; and
(b) shall be signed before–
(i) the Returning Officer; or
(ii) the Assistant Returning Officer; or
(ii) a person authorized for that purpose by the Returning Officer.
An electronic advice from an Assistant Returning Officer or authorized person to the Returning Officer for the electorate notifying the withdrawal of nomination of a candidate shall be in Form 14.
A postal vote certificate and declaration by an elector shall be in Form 15.
(1) The Electoral Commission may, in respect of an election, by notice in the National Gazette, declare that photographs will be used on the ballot-papers in accordance with this section.
(2) A declaration under Subsection (1) shall contain specifications of the type of photograph to be used.
(3) Where a declaration has been made under Subsection (1) in respect of an election, the Electoral Commission shall in writing request–
(a) each political party to supply to the Electoral Commission–
(i) a list of candidates publicly supported by that political party in the election and of the electorates in which they are publicly supported; and
(ii) a photograph as specified in the declaration under Subsection (1) of the Parliamentary leader or a person recognised by the Party Constitution, of that political party; and
(b) each candidate to–
(i) supply to the Electoral Commission a photograph as specified in the declaration under Subsection (1) of the candidate himself; and
(ii) confirm whether he is publicly supported by a political party and, if so, by which political party.
(4) Where a declaration has been made under Subsection (1) in respect of an election, the ballot-paper for that election shall be in Form 16, and shall, subject to this section, contain a photograph of the head of–
(a) each candidate; and
(b) where a candidate is publicly supported by a political party, the Parliamentary leader of that political party or a person recognized by the Party Constitution,
taken from the photographs supplied, and positioned on the ballot paper as shown in Form 16.
(5) Where a candidate fails to comply with Subsection (3)(b)(i), the Electoral Commission may, with the consent of the candidate, arrange for a photograph of the candidate to be taken suitable for inclusion in the ballot-paper.
(6) For the purposes of this section the photographs shall be reproduced in a manner and form approved by the Electoral Commission and the Electoral Commission may exclude from them any material that is, in the opinion of the Electoral Commission, extraneous or irrelevant to the matter of identifying the respective candidates.
(7) Where a candidate–
(a) fails to comply with Subsection (3)(b)(i); or
(b) supplies a photograph which is, in the opinion of the Electoral Commission, unsuitable for reproduction,
and the Electoral Commission is otherwise unable to obtain a suitable photograph with the consent of the candidate, no photograph of the candidate shall appear on the ballot-paper.
(8) Where–
(a) a candidate is not publicly supported by a political party; or
(b) a candidate is publicly supported by more than one political party; or
(c) in the opinion of the Electoral Commission, there is doubt as to–
(i) whether a candidate is publicly supported by a political party; and
(ii) which political party is publicly to support a candidate; or
(d) a political party is publicly supporting a candidate but has failed to comply with the provisions of Subsection (3)(a),
no photograph of a Parliamentary leader of a political party or of a person recognized by the Party Constitution shall appear opposite the name of that candidate on the ballot paper.
(9) In any case where no declaration has been made under Subsection (1), ordinary ballot papers to be used shall be in Form 17.
(10) Postal ballot papers to be used in an election shall be in Form 18 or 19.
In this Regulation, unless contrary intention appears–
“appropriate mark” means a mark made with indelible ink;
“appropriate”, in relation to the inspection or marking of a voter, means–
(a) the little finger of his left hand, or, if such little finger is missing, any other finger of his left hand; or
(b) if all the fingers of his left hand are missing, the little finger of his right hand or, if such little finger is missing, any other finger of his right hand; or
(c) if all the fingers of his left and right hands are missing, such extremity of his left or right hand as such voter possesses.
Before handing a ballot paper to a person claiming to vote, the presiding officer or a poll clerk shall request the person to allow an inspection of his fingers to ascertain whether the appropriate mark has been made and shall inspect the finger offered for inspection.
The presiding officer or a poll clerk, who in terms of Section 136(1) of the Law hands a ballot paper to a person claiming to vote, shall immediately after handing the ballot paper to that person, place the appropriate mark on that person.
(1) Where a person claiming to vote–
(a) refuses to allow an inspection of his fingers under Section 21; or
(b) refuses to allow the appropriate mark to be made under Section 22; or
(c) is found, on an inspection under Section 21, to have on his finger a mark which, in the opinion of the presiding officer or a poll clerk, resembles an appropriate mark,
the presiding officer or a poll clerk shall prepare a report for the inspection of the Electoral Commission and the Returning Officer.
(2) A report under Subsection (1) shall specify–
(a) the name given by the person; and
(b) the reason why the report is made.
A voter shall before he is permitted to vote under Section 141 of the Law make a declaration in Form 20.
A declaration by a person to whom Section 142 of the Law applies shall be in Form 21.
Inspection of Rolls and documents in connection with any matter under Part XVIII of the Law shall be in the presence of the Returning Officer for the electorate to which the Rolls and documents relate.
(1) At the end of the polling period, the presiding officer at each polling place shall–
(a) place the certified list of voters for the polling place in a sealed parcel; and
(b) endorse on the parcel a description of its contents; and
(c) transmit the parcel to the Returning Officer with the least possible delay.
(2) All ballot-papers, certified lists of voters and declarations in connection with an election shall be preserved by the Returning Officer until the election can no longer be questioned.
A person claiming to vote who–
(a) refuses to allow an inspection of his fingers under Section 21; or
(b) refuses to allow the appropriate mark to be made under Section 22,
is guilty of an offence.
Penalty: A fine not exceeding K200.00.
SCHEDULE 1 – FORMS.
PAPUA NEW GUINEA.
Organic Law on National and Local-level Government Elections.
Form 1 – Claim for enrolment.
Law Secs. 55(4), 57(1). Form 1.Reg. Sec. 3.
PAPUA NEW GUINEA.
Organic Law on National and Local-level Government Elections.
Form 2 – Claim for transfer of enrolment.
Law Sec. 57(1) Form 2.Reg. Sec. 4.
PAPUA NEW GUINEA.
Organic Law on National and Local-level Government Elections.
Form 3 – Claim for alteration of enrolled address.
Law Sec. 57(4), 62(c). Form 3.Reg. Sec. 5.
PAPUA NEW GUINEA.
Organic Law on National and Local-level Government Elections.
Form 4 – Notice to person alleged to have failed to comply.
Law Sec. 57(5). Form 4. Reg. Sec. 6.
PAPUA NEW GUINEA.
Organic Law on National and Local-level Government Elections.
Form 5 – Declaration in reply to notice of alleged failure to comply.
Law Sec. 57(5). Form 5.Reg. Sec. 6(3).
PAPUA NEW GUINEA.
Organic Law on National and Local-level Government Elections.
Form 6 – Notice of transfer of enrolment.
Law Sec. 58(3). Form 6. Reg. Sec. 7.
| To the Returning Officer, | |
| . . . Electorate. | |
| As each elector whose particulars are shown in the Schedule has now been enrolled for this electorate pursuant to a claim for transfer
of enrolment, you are required to remove his name from the Roll kept by you. |
SCHEDULE 2
Particulars appearing in claim for transfer received by me.
| No. | Father’s name or surname | Other names, given names or traditional names | Occupation | Sex | Previous address |
| 1. | | | | | Lot number Section number Street Suburb Town or Village Census Division District Province |
| Returning Officer, |
| . . . Electorate. |
| Date: |
| To the Returning Officer, | | |||
| . . . Electorate. | | |||
| No. | Notations showing action taken by Returning Officer to whom Notice Addressed. | |||
| | Names removed (date) | No. on Roll (if in printed) or date of enrolment (if in manuscript) | Remarks (if any) | |
| 1. | | | | |
| 2. | | | | |
| 3. | | | | |
| Returning Officer, |
| . . . Electorate. |
PAPUA NEW GUINEA.
Organic Law on National and Local-level Government Elections.
Form 7 – Notification to claimant of rejection of claim for enrolment.
Law Sec. 59. Form 7.Reg. Sec. 8.
PAPUA NEW GUINEA.
Organic Law on National and Local-level Government Elections.
Form 8 – Notice of objection to name on Roll.
Law Sec. 67. Form 8.Reg. Sec. 9.
PAPUA NEW GUINEA.
Organic Law on National and Local-level Government Elections.
Form 9 – Notice of objection to person objected to.
Law Secs. 69(2), 70. Form 9.Reg. Sec. 10.
PAPUA NEW GUINEA.
Organic Law on National and Local-level Government Elections.
Form 10 – Notice of determination of objection.
Law Sec. 71 Form 10.Reg. Sec. 11.
PAPUA NEW GUINEA.
Organic Law on National and Local-level Government Elections.
Form 11 – Nomination of candidate for election as Member of National Parliament.
Law Sec. 85. Form 11.Reg. Sec. 13.
PAPUA NEW GUINEA.
Organic Law on National and Local-level Government Elections.
Form 12 – Electronic notifying nomination.
Law Sec. 86(3). Form 12.Reg. Sec. 14.
PAPUA NEW GUINEA.
Organic Law on National and Local-level Government Elections.
Form 13 – Withdrawal by candidate of consent to nomination.
Law Sec. 94(1). Form 13.Reg. Sec. 15.
PAPUA NEW GUINEA.
Organic Law on National and Local-level Government Elections.
Form 14 – Electronic notifying withdrawal.
Law Sec. 94(3). Form 14.Reg. Sec. 16.
PAPUA NEW GUINEA.
Organic Law on National and Local-level Government Elections.
Form 15 – Postal vote certificate.
Law Sec. 100. Form 15.Reg. Sec. 17.
PAPUA NEW GUINEA.
Organic Law on National and Local-level Government Elections.
Form 16 – Ballot-paper.
Law Sec. 124. Form 16.Reg. Sec. 18(4).
PAPUA NEW GUINEA.
Organic Law on National and Local-level Government Elections.
Form 17 – Ballot-paper.
Law Sec. 124, 225 Form 17.Reg. Sec. 18(9).
PAPUA NEW GUINEA.
Organic Law on National and Local-level Government Elections.
Form 18 – Postal ballot-paper.
Law Sec. 124, 125. Form 18.Reg. Sec. 18(10).
PAPUA NEW GUINEA.
Organic Law on National and Local-level Government Elections.
Form 19 – Postal ballot-paper.
Law Sec. 124. Form 19.Reg. Sec. 18(10).
PAPUA NEW GUINEA.
Organic Law on National and Local-level Government Elections.
Form 20 – Declaration and claim to vote.
Law Sec. 141(1) Form 20.Reg. Sec. 23.
PAPUA NEW GUINEA.
Organic Law on National and Local-level Government Elections.
Form 21 – Declaration and claim to vote.
Law Sec. 142(1). Form 21.Reg. Sec. 24.
Office of Legislative Counsel, PNG
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