ELECTORAL COMMISSION (INTERIM) ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Duration of this Act

   4   Establishment of the Electoral Commission of Jamaica

   5   Objects of the Commission

   6   Functions of the Commission

   7   Appointment and functions of the Director

   8   Appointment of officers, agents and employees

   9   Oath of secrecy

   10   Pension Scheme and other benefits

   11   Designations by Commission

   12   Disqualification of Director and selected Commissioners from voting in elections

   13   Funds of the Commission

   14   Application of revenues

   15   Power to invest moneys

   16   Accounts and audit

   17   Exemption from taxes and duties

   18   Annual report and estimates

   19   Commission's responsibility to Parliament

   20   Regulations

   21   Repeal

 

THE ELECTORAL COMMISSION (INTERIM) ACT

[Date of Commencement: 8th November, 2006]

Act 11 of 2006.

1   Short title

   This Act may be cited as the Electoral Commission (Interim) Act.

2   Interpretation

   (1) In this Act-

   "candidate" means a person who is nominated as a candidate for election to serve-

   (a)   as a member of the House of Representatives;

   (b)   as mayor of a municipality; or

   (c)   on the Council of the Kingston and St. Andrew Corporation or on a Parish Council;

   "Commission" means the Electoral Commission of Jamaica established under section 4;

   "Director" means the Director of Elections appointed under section 7;

   "Minister" means the Minister responsible for electoral matters.

   (2) The Director and the officers appointed under section 8 shall be election officers for purposes of the Representation of the People Act.

   (3) References in this Act to "referenda" shall be construed as including the procedure set out in section 49 of the Constitution of Jamaica for the submission of certain Bills to the vote of the electorate.

3   Duration of this Act

   This Act shall continue in force until provision is made in the Constitution of Jamaica for the establishment of an Electoral Commission in terms which preclude the alteration of that provision otherwise than in accordance with the procedures prescribed by, or in relation to section 49(3) of the Constitution and shall then expire.

4   Establishment of the Electoral Commission of Jamaica

   (1) There shall be established for the purposes of this Act, and during the continuance in force of this Act, a commission of Parliament which shall be known as the Electoral Commission of Jamaica.

   (2) The provisions of the First Schedule shall have effect as to the constitution and procedure of the Commission and otherwise in relation thereto.

5   Objects of the Commission

   The objects of the Commission shall be to safeguard the democratic foundations of Jamaica by enabling eligible electors to elect, through free and fair elections, their representatives to govern Jamaica.

6   Functions of the Commission

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   (1) The functions of the Commission shall be to-

   (a)   establish policies for governing the registration of electors in accordance with the provisions of section 37 of the Constitution of Jamaica;

   (b)   give directions to the Director on the performance of his functions under the Representation of the People Act;

   (c)   conduct-

         (i)   general elections or by-elections as the case may require, of members to serve-

         (A)   in the House of Representatives;

         (B)   on the Council of the Kingston and St. Andrew Corporation or any Parish Council; or

         (C)   as mayor of a municipality;

         (ii)   referenda;

   (d)   compile and maintain the register of eligible electors;

   (e)   verify the identity of every eligible elector;

   (f)   prepare the official list of electors in accordance with the Representation of the People Act;

   (g)   approve political parties eligible to receive state funding with respect to any or all aspects of the electoral process;

   (h)   administer electoral funding and financial disclosure requirements;

   (i)   monitor election expenditure by candidates or their official agents;

   (j)   review the number of constituencies and boundaries thereof and make such recommendations to the Standing Committee of Parliament as are appropriate as provided for in section 67 of the Constitution of Jamaica;

   (k)   determine polling divisions within constituencies;

   (l)   prepare and execute programmes of public education with a view to informing the public about the electoral process and carry out media briefings on such occasions as may be necessary;

   (m)   conduct research on electoral matters and publish materials to enhance the electoral process;

   (n)   provide leadership and develop expertise in electoral matters;

   (o)   establish entities or mechanisms to provide services and products necessary for-

         (i)   the conduct of elections;

         (ii)   the identification of persons;

         (iii)   the verification of residence; and

         (iv)   such other matters as may be required in relation to the functions of the Commission.

   (2) Where the Director refuses to comply with the directions of the Commission given under paragraph (b) of subsection (1), he shall be liable to be removed from office by the Commission.

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