User:Glide08/Sandbox/NewGranada/Presidential Elections Act

Original Act

AN ACT TO MAKE PROVISION FOR PRESIDENTIAL ELECTIONS

BE IT ENACTED by the Constituent Assembly as follows:

Part I. Preliminary

1. Short title and commencment

This Act may be cited as the Presidential Elections Act, 1960, and shall come into operation on the day on which the Constitution commences.

2. Interpretation

In this Act, unless the context otherwise requires–

"assistant voting supervisor" means any person appointed as such by the Electoral Commission under the provisions of section 12;

"ballot paper" means the paper referred to in section 7 for the purpose of a Presidential election;

"candidate" means a person nominated as a Presidential candidate in accordance with the provisions of Part II;

"Chairman" means every person for the time being presiding at a meeting of the Electoral College mentioned in section 3;

"the Constitution" means the Constitution of the Commonwealth of New Granada, 1960;

"the Electoral College" means the Electoral College established by Article 34 of the Constitution;

"the Electoral Commission" means the Electoral Commission established by Article 18 of the Constitution;

"nomination day" means the day appointed by the Electoral Commission under section _ for the receipt of the nomination papers of the Presidential candidates;

"nomination paper" means the paper referred to in section _ nominating a Presidential candidate for election;

"polling day" means the day appointed by the Electoral Commission under section 3 for the taking of a poll;

"prescribed manner" means the manner prescribed in this Act or in any regulations made thereunder;

"President" means the office of President of the Commonwealth of New Granada established by Article 33 of the Constitution;

"Presidential candidate" means a person nominated as a candidate for election to the office of President in accordance with the provisions of Part II;

"Presidential election" means the election held under the provisions of Part III to elect a Presidential candidate to the office of President;

"Principal Electoral Officer" means the office of Principal Electoral Officer established by Article 19 of the Constitution; and

"voting supervisor" means any person appointed as such under the provisions of section 12 and includes an assistant voting supervisor.

Part II. Preparatory

3. Convening of the Electoral College and appointment of the nomination and polling days by the Principal Electoral Officer

(1) Where, under the provisions of Article 34 of the Constitution, it becomes necessary to elect a President, the Electoral Commission shall, as soon as may be, by an Order made under the hand of its Chairman which shall be published in the Gazette–

(a) appoint the date, time and place for the receipt by the Principal Electoral Officer of the nomination paper of the Presidential candidate;

(b) convene a meeting of the Electoral College, to be held on a date and at a place specified in the Order, for the purpose of election of the President; and

(c) convene a joint sitting of Parliament, to be held on a date and at a place specified in the Order, for the purpose of inaugurating the President.

(2) The date to be appointed under paragraph (a) of subsection (1) shall be not less than seven days before the date to be appointed under paragraph (b) of subsection (1).

4. Chairman of the Electoral College

The Principal Electoral Officer shall be the Chairman of the Electoral College.

5. Nomination of Candidates

(1) A person who desires to be nominated for election to the office of President shall deliver to the Electoral Commission a nomination paper proposing him as a candidate and completed in accordance with the provisions of this section.

(2) Every such nomination paper shall be in writing and shall be signed–

(a) in case of a nomination under subarticle (4) of Article 34 of the constitution, by not less than twenty members of the electoral college and also by the person proposed, so as to signify his agreement to his being so proposed; and

(b) in case of a nomination under subarticle (6) of Article 34 of the constitution, by the person proposing himself for election.

(3) Subject to the provisions of subsection (2), a nomination paper may be in the form set out in the Schedule, and if used shall be sufficient. The Chairman may, before the date appointed for the meeting of the Electoral College, advise a person so proposed of any defect in the nomination paper, and the person proposed, or either of the persons proposing him, may rectify the defect at any time before the said date.

Part III. Election of the President

6. Procedure at the meeting of the Electoral College

(1) The Electoral College shall meet on the date and at the place appointed under the provisions of section 3.

(2) The meeting shall be conducted in substantial conformity with the following provisions-

(a) the meeting shall be held in camera and no persons other than the Chairman, the members of the Electoral College, the Presidential candidates, and officials duly appointed to perform functions at the meeting, shall be present;

(b) the Chairman shall read out to the meeting the names, in alphabetical order of surname, of all Presidential candidates, and, having done so, shall cause to be displayed in prominent places within the place where the meeting is being held, lists in alphabetical order of the names of the said candidates;

(c) the Chairman shall then explain to the meeting, in clear and simple terms, the purpose of the meeting and the procedure to be followed and, in particular, shall explain to the meeting the manner in which the voting is to be conducted;

(d) the meeting shall then proceed to elect, in accordance with the provisions of section 7, the President; and

(e) when the votes have been cast and counted, the Chairman shall announce to the meeting the total number of votes cast, and the number of votes cast for each one of the Presidential candidates.

(3) The provisions of Article 35 of the Constitution shall apply.

7. Manner of voting

(1) The votes shall be taken by secret ballot conducted in substance and as nearly as possible in the following manner–

(a) at the place where the meeting is held, there shall be placed–

(i) one or more screened compartments, in which there shall be placed a table and a pen, and in each such compartment there shall be placed one table and one pen; and

(ii) one or more ballot boxes, which shall be placed outside the screened compartments and in the presence of the voting supervisor;

(b) before any vote is cast the voting supervisor shall, in the presence of the Chairman and those of all Presidential candidates who attend, open all ballot boxes and ensure that they are empty;

(c) every member of the Electoral College desiring to vote shall identify himself to the voting supervisor. If the voting supervisor is satisfied that the person concerned is a member of the Electoral College and has not already voted, he shall deliver to that person an envelope and a ballot paper in the prescribed form and, having done so, shall make a mark against the name and number of that person in the roll of members of the Electoral College, to denote that a ballot paper has been given to that person;

(d) every person, upon receiving a ballot paper, shall go immediately to a screened compartment and shall there secretly fill his ballot paper;

(e) if a person wishing to vote is incapacitated by blindness or any other cause, he may call the voting supervisor aside and shall tell him, no other person being present or within hearing, the name of the person for whom he wishes to vote, and the voting supervisor shall then accompany the incapacitated person to the screened compartment and fill the incapacitated person's ballot paper;

(f) every person shall fill his ballot paper without undue delay and shall leave the screened compartment as soon as he has done so, and if he does not leave within a reasonable time, the voting supervisor may enter the compartment to ensure that the provisions of this section are complied with;

(g) every person, upon leaving the screened compartment, shall go immediately to a ballot box and shall there cast his vote by putting his envelope into the ballot box.

(2) For the purposes of subsection (1), a person shall fill a ballot paper in the following manner–

(a) the person voting shall make, on the ballot paper, a mark against the name of the person for whom he wishes to vote, using the pen provided; and

(b) having made such mark, the person shall place the ballot paper inside the envelope and seal such envelope as soon as he has done so.

8. Procedure on completion of voting

When all persons who desire to vote have cast their votes, the voting supervisor shall–

(a) take into his custody all the ballot boxes;

(b) make up into separate and sealed packets–

(i) a statement of the total number of ballot papers available for issue before the voting commenced, the total number of envelopes available for issue before the voting commenced, and the names of the assistant voting supervisors;

(ii) all unissued ballot papers together with their counterfoils;

(iii) all unissued envelopes;

(iv) the marked copy of the roll of members of the Electoral College;

(v) the counterfoils of the issued ballot papers;

(vi) any wasted or spoiled ballot papers which have not been placed in any envelope; and

(vii) any wasted or spoiled envelopes which have not been placed in any ballot box; and

(c) despatch to the Electoral Commission by the hand of a suitable officer,as soon as may be, the several documents specifiedin paragraph (b).

9. Counting of votes

(1) When he has complied with the provisions of section 8, the voting supervisor together with the assistant voting supervisors shall, in the presence of the Chairman and of such of the Presidential candidates as may attend, proceed to count the votes.

(2) The counting shall be done in substance and as nearly as possible in the following manner–

(a) the voting supervisor shall open all ballot boxes and empty them of envelopes, and having done so, shall unseal the envelopes and remove from them the ballot papers;

(b) the voting supervisor shall then proceed to count the ballot papers in which a mark has been made against the name of each candidate, in the manner prescribed by regulations made under this Act.

(3) When the counting has been completed, the voting supervisor shall complete a certificate of the result of the count. This certificate shall be signed by the voting supervisor and the assistant voting supervisors, and shall then be handed to the Chairman.

(4) The certificate of the result of the count shall contain the following particulars–

(a) the total number of all the votes cast;

(b) the total number of votes cast for every presidential candidate; and

(c) whether any candidate has been elected, and, if a canddiate has been elected, the name of the elected candidate.

(5) The Chairman shall send, in a sealed packet, to the Electoral Commission, all the counted ballot papers and any spoiled ballot papers found in any envelope.

10. Declaration of election of the President

(1) Where a Presidential candidate has been elected in accordance with the provisions of this Part, the Chairman shall deliver to the Electoral Commission–

(a) the certificate of the result of the count for the ballot in which that candidate was elected referred to in section 9; and

(b) any such certificate for the preceding ballots (if any) in the election concerned.

(2) Upon receipt of the documents specified in paragraph (b) of section 8, subsection (5) of section 9 and paragraphs (a) and (b) of subsection (1) of this section respectively, the Electoral Commission shall, in accordance with the provisions of section 11, scrutinize the election of the Presidential candidate as President.

(3) If the Electoral Commission is satisfied that the Presidential candidate has been validly elected as President, the Electoral Commission shall, by a Declaration which shall be subsequently published in the Gazette, forthwith declare the Presidential candidate to be elected.

(4) If the Electoral Commission is not satisfied that the Presidential candidate has been validly elected as President, the Electoral Commission shall declare the proceedings null and void, revoke the Order previously issued under the provisions of section 3 and issue a further Order under section 3 for the election of a President.

Part IV. General

11. Scrutiny of election

The conduct of the proceedings at the meeting of the Electoral College snf the election of the President shall be subject to the scrutiny, direction and supervision of the Electoral Commission, in order to ensure that all those proceedings have been conducted in accordance with the provisions of this Act, and the Electoral Commission shall certify in writing its conclusions upon that issue.

12. Power of Electoral Commission to appoint officers

The Electoral Commission may appoint as many public officers as it may deem necessary to act as voting supervisor and as assistant voting supervisors for the purposes of this Act.

13. Regulatory powers of the Electoral Commission

The Electoral Commission may make regulations in relation to the holding and conduct of Presidential elections.

14. Offences Schedule

Notices issued onder the Act

Notice to the Presidential Elections Act [1981 Ordinary Presidential Election]

Whereas, in accordance with the relevant provisions of the Constitution, and of the Presidential Elections Act, an ordinary Presidential Election has been held on the 20th day of October, 1981;

In accordance with the Provisions aforesaid, I, James GRAMSCHI, Principal Electoral Officer, HEREBY PROCLAIM AS FOLLOWS:

1. The results of the ordinary Presidential Election of the 20th day of October, 1981 are:

	LANGLEY, Stan	345
	TUBINGER, Alexander	202
	Needed Majority	400

2. A second ballot is to be held for this ordinary Presidential Election on the 27th day of October, 1981.

Notice to the Presidential Elections Act [1982 Presidential Election]

Whereas, in accordance with the relevant provisions of the Constitution, and of the Presidential Elections Act, a Presidential Election has been held on the 16th day of February, 1982;

And whereas, for the purposes of that election, Nicholas CAMERON has been nominated as the Presidential Candidate;

Now, therefore, I, G.Mar.Rep. Yehoash VASILIAN, Chairman of the Supreme Military Council of National Salvation, Head of State, Commader-in-Chief of the Armed Forces, HEREBY PROCLAIM AS FOLLOWS:

1. The results of the Presidential Election of the 16th day of February, 1982 are:

	In favor	512
	Against	35
	Needed Majority	301

2. Nicholas CAMERON has been elected as the President of the Commonwealth.

Notice to the Presidential Elections Act [1983 Presidential Election]

Whereas, in accordance with the relevant provisions of the Constitution, and of the Presidential Elections Act, a Presidential Election has been held on the 16th day of April, 1983;

And whereas, for the purposes of that election, G.Mar.Rep. Yehoash VASILIAN has been nominated as the Presidential Candidate;

Now, therefore, I, G.Mar.Rep. Yehoash VASILIAN, Chairman of the Supreme Military Council of National Salvation, Head of State, Commader-in-Chief of the Armed Forces, HEREBY PROCLAIM AS FOLLOWS:

Amendments

Supplementary Decree to AFC Decree №1 [Presidential Elections Act]

General Amendments

1. Amendment of Presidential Elections Act

The Presidential Elections Act (hereinafter – "the Principal Act") is hereby amended as specified in this decree.

2. Substitutions and modifications of Terms.

(1) Owing to changes in the machinery of government arising from the establishment of Military Government in New Granada, there shall be subsituted, in the Principal Act, certain terms as follows, that is to say–

"Electoral Commission" → "Supreme Military Council"

"Parliament" → "Supreme Military Council"

"Principal Electoral Officer" → "Chairman of the Supreme Military Council"

(2) Owing to changes in the machinery of government arising from the establishment of Military Government in New Granada, any language–

which refers to "Presidential candidates" (in the plural) shall be modified to refer to "the Presidential candidate" (in the singular); and

which refers to "a Presidential candidate" (in the indefinite) shall be modified to refer to "the Presidential candidate" (in the definite)

(3) The remaining provisions of the Principal Act shall be modified accordingly.

Specific Amendments

3. Amendment of Section 2.

Section 2 of the Principal Act is modified as follows:

2. Interpretation

In this Act, unless the context otherwise requires–

"assistant voting supervisor" means any person appointed as such by the Supreme Military Council under the provisions of section 12;

[...]

"Chairman" means every person for the time being presiding at a meeting of the Electoral College mentioned in section 3;

"the Constitution" means the Constitution of the Commonwealth of New Granada, 1960, [as construed subject to the Constitutional Decree];

"the Electoral Commission" means the Electoral Commission established by Article 18 of the Constitution;

"the Electoral College" means the Electoral College established by Article 34 of the Constitution [Section 5 of the Principal Decree];

"nomination day" means the day appointed by the Supreme Military Council under section _ for the receipt of the nomination papers of the Presidential candidate;

[...]

"Presidential election" means the election held under the provisions of Part III to elect the Presidential candidate to the office of President;

["the Principal Decree" means the Constitution of Military Government Decree (AFC Decree №1); and]

"Principal Electoral Officer" means the office of Principal Electoral Officer established by Article 19 of the Constitution; and

"voting supervisor" means any person appointed as such under the provisions of section 12 and includes an assistant voting supervisor.

4. Replacement of Section 5.

The following section shall be substituted for Section 5 of the Principal Act:

5. Nomination of the Candidate

(1) The Notice of the Supreme Military Council nominating a person for election to the office of President shall be used as the nomination paper of such person, and if used shall be sufficient.

(2) Such notice shall be signed also by the person proposed, so as to signify his agreement to his being so proposed.'

5. Amendment of Section 6.

Section 6 of the Principal Act shall be modified as follows:

6. Procedure at the meeting of the Electoral College

(1) The Electoral College shall meet on the date and at the place appointed under the provisions of section 3.

(2) The meeting shall be conducted in substantial conformity with the following provisions-

(a) the meeting shall be held in camera and no persons other than the Chairman, the members of the Electoral College, the Presidential candidate, and officials duly appointed to perform functions at the meeting, shall be present;

(b) the Chairman shall read out to the meeting the names, in alphabetical order of surname, of all Presidential candidates, and, having done so, shall cause to be displayed in prominent places within the place where the meeting is being held, lists in alphabetical order of the names of the said candidates [name of the Presidential candidate];

(c) the Chairman shall then explain to the meeting, in clear and simple terms, the purpose of the meeting and the procedure to be followed and, in particular, shall explain to the meeting the manner in which the voting is to be conducted;

(d) the meeting shall then proceed to elect, in accordance with the provisions of section 7, the President; and

(e) when the votes have been cast and counted, the Chairman shall announce to the meeting the total number of votes cast, and the number of votes cast for or against the election of the Presidential candidate.

(3) The provisions of Article 35 of the Constitution [Section 5 of the Principal Decree] shall apply.

6. Amendment of Section 7.

Section 7 of the Principal Act shall be modified as follows:

7. Manner of voting

(1) The votes shall be taken by secret ballot conducted in substance and as nearly as possible in the following manner–

(a) at the place where the meeting is held, there shall be placed–

(i) one or more screened compartments, in which there shall be placed a table and a pen, and in each such compartment there shall be placed one table and one pen; and

(ii) one or more ballot boxes, which shall be placed outside the screened compartments and in the presence of the voting supervisor;

(b) before any vote is cast the voting supervisor shall, in the presence of the Chairman and those of all Presidential candidates who attend, open all ballot boxes and ensure that they are empty;

(c) every member of the Electoral College desiring to vote shall identify himself to the voting supervisor. If the voting supervisor is satisfied that the person concerned is a member of the Electoral College and has not already voted, he shall deliver to that person an envelope and a ballot paper in the prescribed form and, having done so, shall make a mark against the name and number of that person in the roll of members of the Electoral College, to denote that a ballot paper has been given to that person;

(d) every person, upon receiving a ballot paper, shall go immediately to a screened compartment and shall there secretly fill his ballot paper;

(e) if a person wishing to vote is incapacitated by blindness or any other cause, he may call the voting supervisor aside and shall tell him, no other person being present or within hearing, the name of the person for whom he wishes to vote [whether or not he wishes to vote for the Candidate,], and the voting supervisor shall then accompany the incapacitated person to the screened compartment and fill the incapacitated person's ballot paper;

(f) every person shall fill his ballot paper without undue delay and shall leave the screened compartment as soon as he has done so, and if he does not leave within a reasonable time, the voting supervisor may enter the compartment to ensure that the provisions of this section are complied with;

(g) every person, upon leaving the screened compartment, shall go immediately to a ballot box and shall there cast his vote by putting his envelope into the ballot box.

(2) For the purposes of subsection (1), a person shall fill a ballot paper in the following manner–

(a) the person voting shall make, on the ballot paper, a mark against the name of the person for whom he wishes to vote, using the pen provided; and

[(a) the person voting shall make, on the ballot paper, using the pen provided–]

[(i) if he wishes to vote for the Candidate, a mark against the word "YES"; and]

[(ii) if he does not wish to vote for the Candidate, a mark against the word "NO"; and]

(b) having made such mark, the person shall place the ballot paper inside the envelope and seal such envelope as soon as he has done so.

7. Amendment of Section 9.

In Section 9 of the Principal Act, subsection (2) shall be modified as follows:

(2) The counting shall be done in substance and as nearly as possible in the following manner–

(a) the voting supervisor shall open all ballot boxes and empty them of envelopes, and having done so, shall unseal the envelopes and remove from them the ballot papers;

(b) the voting supervisor shall then proceed to count the ballot papers in which a mark has been made against the name of each candidate [each of the words "YES" and "NO"], in the manner prescribed by regulations made under this Act.

8. Amendment of Section 10.

In Section 10 of the Principal Act, the following section shall be substituted for subsection (1);

(1) Where a Presidential candidate has been elected in accordance with the provisions of this Part, the Chairman shall deliver to the Electoral Commission the certificate of the result of the count referred to in section 9.

signed

Grand Marshal of the Republic Yehoash VASILIAN

CHAIRMAN, Supreme Military Council

countersigned

Marshal of the Republic Jean-François CRESSON

1st VICE-CHAIRMAN, Supreme Military Council

Admiral Sean BUCKLEY

2nd VICE-CHAIRMAN, Supreme Military Council; Chief of Naval Staff

George TURNBULL

SECRETARY, Supreme Military Council; Head of the Commonwealth Civil Service