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THE REFERENDUM (CONSTITUTIONAL MODERNISATION) LAW, (LAW 1 OF 2009) THE REFERENDUM (CONSTITUTIONAL MODERNISATION) LAW, 2009 (AMENDMENT OF SCHEDULE 2) ORDER, 2009 The Referendum (Constitutional Modernisation) Law, 2009 (Amendment of Schedule 2) Order, 2009 The Referendum (Constitutional Modernisation) Law, 2009 (Amendment of Schedule 2) Order, 2009 THE REFERENDUM (CONSTITUTIONAL MODERNISATION) LAW, (LAW 1 OF 2009) THE REFERENDUM (CONSTITUTIONAL MODERNISATION) LAW, 2009 (AMENDMENT OF SCHEDULE 2) ORDER, 2009 In exercise of the powers conferred by section 9(4) of the Referendum (Constitutional Modernisation) Law, 2009, the Governor in Cabinet makes the following order -\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"This order may be cited as the Referendum (Constitutional Modernisation) Law, 2009 (Amendment of Schedule 2) Order, 2009. Citation\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"The Referendum (Constitutional Modernisation) Law, 2009 is amended in Part 1 of Schedule 2 as follows - Amendment of Part 1 of Schedule 2 to the Referendum (Constitutional Modernisation) Law, Law 1 of 2009 (a) by deleting the modifications made to sections 29, 36, 47, 49 and 56 of the Elections Law (2004 Revision) and substituting the respective modifications set out in the Schedule to this Order; and (b) by inserting, after the modification relating to section 100 of the Elections Law, the following - \u201cProvision applied and subject matter Modification Form 1 (Poll Book) Omit the words \u201cObjections, if any, made on behalf of any candidate\u201d and substitute the words \u201cObjections, if any, made by an observer\u201d. The Referendum (Constitutional Modernisation) Law, 2009 (Amendment of Schedule 2) Order, 2009 SCHEDULE (paragraph 2(a)) MODIFICATION OF MISCELLANEOUS PROVISIONS OF THE ELECTIONS LAW (2004 REVISION) Provision of the Elections Law (2004 Revision) Modification (Nominations) Omit and substitute - \u201c29. (1) The Supervisor shall - (a) establish one counting station for counting the votes cast in the referendum; and (b) give notice of the holding of the referendum, specifying in the notice - (i) the date and time for the holding of the referendum; (ii) the locations of the polling stations in an electoral district; (iii) the location of the counting station; and (iv) the date and time when the number of votes cast in the referendum shall be counted. (2) A notice under subsection (1)(b) shall be published in the Gazette and in at least one newspaper circulating in the Islands.\u201d. (Presiding officers) In subsection (1) omit the words \u201cby or on behalf of a candidate in or about the election\u201d and substitute the words \u201c, in or about the referendum, by a political party or by a person who has been nominated to contest an election of members to the Legislative Assembly during the year 2009\u201d. (General mode of taking ballot) In subsection (3) omit the words \u201cwithin the space to the right of the name of the candidate or each candidate for whom\u201d and substitute the words \u201cin the space to the right of the answer for which\u201d. The Referendum (Constitutional Modernisation) Law, 2009 (Amendment of Schedule 2) Order, 2009 (Mode of taking ballot in special cases) Omit subsection (2)(c) and substitute - \u201c(c) any objections made by an observer.\u201d. (The count) Omit subsections (1) and (2) and substitute - \u201c (1) Each returning officer, or deputy returning officer, as the case may be, shall, upon receipt by him of each of the ballot boxes place his seal thereon in the presence of the observers, take every precaution for its safekeeping and deliver it to the Supervisor on the date and at the time specified by the Supervisor under section 29(1)(b)(iv). (1A) Upon receipt of the sealed ballot boxes from a returning officer of an electoral district, the Supervisor shall break the seals thereon in the presence of observers and of any other persons who are lawfully in the counting station at that time and place all the ballot papers therein contained in the appropriate ballot box which shall be provided, and the ballot papers shall be mixed together for the purpose of being counted. (2) When all the ballot boxes from an electoral district have been received by the Supervisor and dealt with in accordance with subsection (1A), and not before, the Supervisor or the returning officer, as the case may be, shall, in the presence of such of the observers as are present, or, if no observers are present, two electors - (a) record and count, in such segments as the Supervisor may deem appropriate, the number of votes for the electoral district (allowing the observers or, in the absence of the observers, the two electors present, full opportunity to see such votes but not the official number on the back of the ballot paper) and a poll clerk and not less than two witnesses shall be supplied with tally sheets upon which they may keep their The Referendum (Constitutional Modernisation) Law, 2009 (Amendment of Schedule 2) Order, 2009 own scores as each vote is called out by the Supervisor or such returning officer; and (b) reject all ballot papers - (i) which have not been marked; or (ii) upon which there is any writing or mark by which the elector could be identified, but no ballot paper shall be rejected on account of any writing, number or mark placed thereon by any presiding officer.\u201d. Omit subsections (7) to (13) (inclusive) and substitute - \u201c (7) If, in the course of counting the votes, the Supervisor or the returning officer, as the case may be, discovers that the presiding officer has omitted to affix his initials to any ballot paper as provided by section 47(1), he shall, in the presence of the poll clerk and such of the observers are as present, affix his initials to such ballot paper and shall count such ballot paper as if it had been initialled by the presiding officer in the first place, provided that he is satisfied that the ballot paper is one that has been supplied by the presiding officer, and also that every ballot paper supplied to such presiding officer has been accounted for as provided by paragraph (f) of section 55(1). (8) Where a vote is marked - (a) otherwise than in the proper place; (b) otherwise than by way of an X; or (c) by more than one mark, the vote is valid if it clearly appears that it was intended for a particular answer, and that answer shall be awarded the vote accordingly. (9) The Supervisor or the returning officer, as the case may be, shall keep a record, on the special form printed in the poll book, of every objection made by any observer or any elector present, to any ballot paper found in a ballot box, and shall decide every The Referendum (Constitutional Modernisation) Law, 2009 (Amendment of Schedule 2) Order, 2009 question arising out of the objection. The decision of the Supervisor or such returning officer shall be final, subject to reversal on petition under section 83 questioning the election or return; and every such objection shall be numbered and a corresponding number placed on the back of the ballot paper and initialled by the Supervisor or such returning officer. (10) All the ballot papers not rejected by the Supervisor or the returning officer, as the case may be, shall be counted and a list shall be kept of the number of votes for the respective answers relating to the referendum and of the number of rejected ballot papers. The rejected ballot papers must be put into one packet and the remaining used ballot papers into another, both of which must be sealed by the Supervisor or such returning officer and may be sealed or signed by such agents or witnesses present as desire to seal or sign the packets. (11) Any of the observers, if not satisfied with the accuracy of the count of any segment of the count, may, on completion of the count of that segment, immediately demand a recount which shall thereupon be carried out in the same manner as the original count; but no observer may demand such a recount more than once in respect of any segment of the count.\u201d \u201d. Made in Cabinet the 21st day of April, 2009. 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(1) The Supervisor shall -\n(a) establish one counting station for counting\nthe votes cast in the referendum; and\n(b) give notice of the holding of the referendum,\nspecifying in the notice -\n(i)\nthe date and time for the holding of\nthe referendum;\n(ii) the locations of the polling stations\nin an electoral district;\n(iii) the location of the counting station;\nand\n(iv) the date and time when the number of\nvotes cast in the referendum shall be\ncounted.\n(2) A notice under subsection (1)(b) shall be\npublished in the Gazette and in at least one newspaper\ncirculating in the Islands.\u201d.\nsection 36\n(Presiding\nofficers)\nIn subsection (1) omit the words \u201cby or on behalf of a\ncandidate in or about the election\u201d and substitute the words\n\u201c, in or about the referendum, by a political party or by a\nperson who has been nominated to contest an election of\nmembers to the Legislative Assembly during the year 2009\u201d.\nsection 47\n(General mode of\ntaking ballot)\nIn subsection (3) omit the words \u201cwithin the space to the\nright of the name of the candidate or each candidate for\nwhom\u201d and substitute the words \u201cin the space to the right of\nthe answer for which\u201d.\n\n4\n\nThe Referendum (Constitutional Modernisation) Law, 2009 (Amendment of Schedule 2) Order, 2009\nsection\n49\n(Mode of taking\nballot in special\ncases)\nOmit subsection (2)(c) and substitute -\n\u201c(c) any objections made by an observer.\u201d.\nsection 56\n(The count)\nOmit subsections (1) and (2) and substitute -\n\u201c\n(1) Each returning officer, or deputy returning\nofficer, as the case may be, shall, upon receipt by him\nof each of the ballot boxes place his seal thereon in the\npresence of the observers, take every precaution for its\nsafekeeping and deliver it to the Supervisor on the date\nand at the time specified by the Supervisor under\nsection 29(1)(b)(iv).\n(1A) Upon receipt of the sealed ballot boxes\nfrom a returning officer of an electoral district,\nthe Supervisor shall break the seals thereon in the\npresence of observers and of any other persons\nwho are lawfully in the counting station at that\ntime and place all the ballot papers therein\ncontained in the appropriate ballot box which\nshall be provided, and the ballot papers shall be\nmixed together for the purpose of being counted.\n(2) When all the ballot boxes from an\nelectoral district have been received by the\nSupervisor and dealt with in accordance with\nsubsection (1A), and not before, the Supervisor or\nthe returning officer, as the case may be, shall, in the\npresence of such of the observers as are present, or, if\nno observers are present, two electors -\n(a) record and count, in such segments as\nthe Supervisor may deem appropriate,\nthe number of votes for the electoral\ndistrict (allowing the observers or, in\nthe absence of the observers, the two\nelectors present, full opportunity to see\nsuch votes but not the official number\non the back of the ballot paper) and a\npoll clerk and not less than two\nwitnesses shall be supplied with tally\nsheets upon which they may keep their\n\n5\n\nThe Referendum (Constitutional Modernisation) Law, 2009 (Amendment of Schedule 2) Order, 2009\nown scores as each vote is called out by\nthe Supervisor or such returning\nofficer; and\n(b) reject all ballot papers -\n(i)\nwhich have not been marked; or\n(ii) upon which there is any writing or\nmark by which the elector could\nbe identified, but no ballot paper\nshall be rejected on account of\nany writing, number or mark\nplaced thereon by any presiding\nofficer.\u201d.\nOmit subsections (7) to (13) (inclusive) and substitute -\n\u201c\n(7) If, in the course of counting the votes, the\nSupervisor or the returning officer, as the case may be,\ndiscovers that the presiding officer has omitted to affix\nhis initials to any ballot paper as provided by section\n47(1), he shall, in the presence of the poll clerk and\nsuch of the observers are as present, affix his initials to\nsuch ballot paper and shall count such ballot paper as if\nit had been initialled by the presiding officer in the first\nplace, provided that he is satisfied that the ballot paper\nis one that has been supplied by the presiding officer,\nand also that every ballot paper supplied to such\npresiding officer has been accounted for as provided by\nparagraph (f) of section 55(1).\n\n(8) Where a vote is marked -\n(a) otherwise than in the proper place;\n(b) otherwise than by way of an X; or\n(c) by more than one mark,\nthe vote is valid if it clearly appears that it was intended\nfor a particular answer, and that answer shall be\nawarded the vote accordingly.\n\n(9) The Supervisor or the returning officer, as\nthe case may be, shall keep a record, on the special\nform printed in the poll book, of every objection made\nby any observer or any elector present, to any ballot\npaper found in a ballot box, and shall decide every\n\n6\n\nThe Referendum (Constitutional Modernisation) Law, 2009 (Amendment of Schedule 2) Order, 2009\nquestion arising out of the objection. The decision of\nthe Supervisor or such returning officer shall be final,\nsubject to reversal on petition under section 83\nquestioning the election or return; and every such\nobjection shall be numbered and a corresponding\nnumber placed on the back of the ballot paper and\ninitialled by the Supervisor or such returning officer.\n\n(10) All the ballot papers not rejected by the\nSupervisor or the returning officer, as the case may be,\nshall be counted and a list shall be kept of the number\nof votes for the respective answers relating to the\nreferendum and of the number of rejected ballot\npapers. The rejected ballot papers must be put into one\npacket and the remaining used ballot papers into\nanother, both of which must be sealed by the\nSupervisor or such returning officer and may be sealed\nor signed by such agents or witnesses present as desire\nto seal or sign the packets.\n\n(11) Any of the observers, if not satisfied with the\naccuracy of the count of any segment of the count,\nmay, on completion of the count of that segment,\nimmediately demand a recount which shall thereupon\nbe carried out in the same manner as the original count;\nbut no observer may demand such a recount more than\nonce in respect of any segment of the count.\u201d \u201d.\n\nMade in Cabinet the 21st day of April, 2009.\n\nCarmena Watler\n\nClerk of the Cabinet.\n\n7","akn_extracted_at":"2026-06-22 15:42:10.516553+00","cms_id":"2009-0019","law_type":"amending","year":"2009","number":"19","title":"Referendum (Constitutional Modernisation) Law, 2009 (Amendment of Schedule 2) Order, 2009 (SL 19 of 2009)","status":"in_force"},"provenance":{"files":[{"file_id":"6232","expr_id":"1389","kind":"akn_xml","filename":"2009-0019.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/AMENDING\/2009\/2009-0019\/2009-0019.akn.xml","content_md5":"4801cdbacfc6895f3bec1d6f071582d4","byte_size":"10984","http_last_modified":null,"fetched_at":"2026-06-22 15:42:10.592683+00"},{"file_id":"2777","expr_id":"1389","kind":"pristine_pdf","filename":"2009-0019.pdf","source_url":"\/cms\/images\/LEGISLATION\/AMENDING\/2009\/2009-0019\/2009-0019.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/AMENDING\/2009\/2009-0019\/2009-0019.pdf","content_md5":"94ecd06aacd7c0b3c4e22018ea7737af","byte_size":"40983","http_last_modified":null,"fetched_at":"2026-06-21 23:09:37.761507+00"},{"file_id":"2778","expr_id":"1389","kind":"working_pdf","filename":"2009-0019.pdf","source_url":"\/cms\/images\/LEGISLATION\/AMENDING\/2009\/2009-0019\/2009-0019.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/AMENDING\/2009\/2009-0019\/2009-0019.pdf","content_md5":"94ecd06aacd7c0b3c4e22018ea7737af","byte_size":"40983","http_last_modified":null,"fetched_at":"2026-06-21 23:09:37.761507+00"}],"paragraph_count":17,"latest_history":null},"quality":{"expr_id":"1389","doc_id":"1389","quality_state":"needs_review","quality_score":"92","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise}","llm_categories":"{}","repair_actions":"{collapse_duplicate_text,strip_page_furniture}","finding_severity_counts":"{\"low\": 2}","finding_summary":"repeated line furniture detected: the referendum constitutional modernisation law x4; law 1 of 2009 x3; the referendum constitutional modernisation law 20 x6; duplicate-line ratio is 8.04%","assessed_at":"2026-06-22 15:29:46.634464+00","updated_at":"2026-06-22 15:29:46.634464+00"}}