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Electoral (Amendment) Act 1997

TONGA

ELECTORAL (AMENDMENT) ACT 1997

Act 7 of 1997

AN ACT TO AMEND THE ELECTORAL ACT

I assent,

TAUFA'AHAU TUPOU IV,
15th September, 1997

[27th August, 1997]

BE IT ENACTED by the King and Legislative Assembly of Tonga in the Legislature of the Kingdom as follows:

1. (1) This Act may be cited as the Electoral (Amendment) Act 1997.

(2) The Electoral Act 1989, as amended, is in this Act referred to as the Principal Act.

2. Section 4 of the Principal Act is amended-

(i) by deleting subsection (6) thereof and substituting the following:

"(6) (a) An elector shall notify the Supervisor in Form 3 of the Schedule of any change in the district of residence where he is registered.

(b) A person shall not be entitled to be registered as an elector in more than one electoral district at the same time".

(ii) by inserting in subsection (7) thereof, after the words "for deaths" the words "and marriages",

3. The Principal Act is amended by inserting the following new sections after section 9 thereof-

"9A. (1) Any candidate may withdraw his nomination by giving the Supervisor Notice in Form 8 of the Schedule, not later than 14 clear days before polling day. The Supervisor shall forthwith give public notice of any withdrawals of candidacy.

(2) A withdrawal of nomination which does not comply with subsection (l) of this section shall have no effect.

(3) If any candidate withdraws his nomination in accordance with subsection (1) of this section, he shall not be capable of being elected at any polling station.

(4) A candidate who withdraws shall forfeit his deposit.

9B. Elections of the representatives of the nobles shall be in accordance with such Regulations as the Prime Minister with the consent of His Majesty in Council may make".

4. Form 3 of the Schedule to the Principal Act is deleted and substituted by the following-

"THE ELECTORAL ACT, 1989

Form 3 (Section 4(6))

APPLICATION FOR TRANSFER

To the Supervisor of Elections

I (name in full) hereby apply for a transfer of my name from the register of electors for the electoral district of ................................... to the electoral district of ............................................................................... The ground for the transfer is .................................................. .

Dated the..........day of..................................19 .......

....................................

Signature of applicant

........................................

Witness"

5. The Schedule to the Principal Act is amended by adding the following new form after Form 7-

"THE ELECTORAL ACT, 1989

Form 8 (Section 9A)

NOTICE OF WITHDRAWAL OF NOMINATION

To the Supervisor of Elections

I (name of candidate) hereby give notice that I withdraw my nomination as a candidate for the electoral district in the election to be held on the ............day of. ......................19 .............and for which I was nominated on the ...........day of .........................19 ..............

......................................

Signature of Candidate

Received at the hour of .............on the..........day of ..................19 .........

............................................................................

Signature of Supervisor of Elections."

Passed by the Legislative Assembly this 27th day of August, 1997.

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