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Local Government (Amendment) Ordinance 2008

PITCAIRN, HENDERSON DUCIE & OENO ISLANDS


No 2 of 2008


Enacted by the Governor of the
Islands of Pitcairn, Henderson, Ducie and Oeno


LOCAL GOVERNMENT (AMENDMENT) ORDINANCE 2008


An ordinance to amend the Local Government Ordinance, cap. 11.


Citation and Commencement


1. This Ordinance may be cited as the Local Government (Amendment) Ordinance 2008 and shall come into force on the day after it is made.


Amendments to Local Government Ordinance


2. The Local Government Ordinance, cap. 11, is hereby amended as follows:


(1) by the addition of a new section, s 18, to read as follows:


Appointment of proxy to vote


18. A person who intends to be temporarily absent from the Island at the time of the election and who would if present be entitled to vote may, in accordance with the following conditions, apply for appointment of a named person as his or her proxy to cast a vote on election day on his or her behalf:


(a) The applicant for appointment of a proxy must be made in the form set out as Appendix 1 to this Ordinance.


(b) The person sought to be appointed as proxy must be on the Register of Voters.


(c) The application form must be signed and delivered to the Island Secretary not earlier than 15 November in the year of the election nor later than 7 days before the election day.


(d) The form may be delivered by hand or by the electronic transmission of a scanned copy of the original form sent to the email address isec@pitcairn.gov.pn (or such other email address as may be prescribed by regulations made under this Ordinance) and if delivered by electronic transmission must contain a return email address to which notification of approval of appointment may be sent.


(e) The Island Secretary must approve an application on the prescribed form if he or she is satisfied that the applicant is a person who if present would be entitled to vote and that the named proxy is on the Register of Voters.


(f) The Island Secretary shall advise the applicant if the application is approved, either in person (when or shortly after the application is delivered by hand) or by email (when the application is delivered in that manner).


(g) Not less than 2 days before election day the Island Secretary shall notify the Recorder in writing of the names of all persons in respect of whom a proxy vote has been approved (save in respect of appointments that were subsequently revoked in accordance with subparagraph (j) and (k)) and in each case shall name the person who is appointed proxy.


(h) On election day the Recorder shall distribute a voting card to each appointed and approved proxy and shall receive and record the vote of the proxy as if it were the vote of the person who appointed the proxy.


(i) A person's appointment as a proxy under this section shall end when his or her proxy vote has been made, received and recorded in accordance with subparagraph (h). However, if for any reason that election were disputed in accordance with this Ordinance and a new election ordered, then the appointed proxy may vote in that new election with need for a further appointment unless his or her appointment as a proxy has been terminated in accordance with subparagraph (j).


(j) The appointment of a proxy in accordance with this Ordinance may be revoked only in the following manner:


(i) when a Recorder has been appointed under s 16(5), by notice to the Recorder provided that such notice is given not later than 2 days before election day;


(ii) when a Recorder has not been appointed, by notice to the Island Secretary;


(iii) such notice must be signed and state that the person wishes to revoke the appointment of his or her proxy, and the notice shall either be delivered by hand (to Recorder or Island Secretary as applicable) or by way of a scanned copy sent by email to the address specified in subparagraph (d) above, or any replacement address that may be notified by regulations made under this Ordinance.


(k) Any revocation of the appointment of a proxy shall be effective only upon its receipt by the Island Secretary or Recorder in accordance with subparagraph (j).



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