{"kind":"expression","expression":{"expr_id":"2197","doc_id":"2197","label":"Freedom of Information (Amendment) Law, 2019","is_as_enacted":"f","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/bill\/2019\/26\/eng@2019-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/bill\/2019\/26\", \"expression\": \"\/akn\/ky\/bill\/2019\/26\/eng@2019-01-01\", \"manifestation\": \"\/akn\/ky\/bill\/2019\/26\/eng@2019-01-01.pdf\"}, \"pdf\": {\"md5\": \"697932e6c16010525e4351cfe8537c29\", \"path\": \"\/Users\/q\/kyleg-data\/working\/BILLS\/2019\/2019-0026\/2019-0026.pdf\", \"pages\": 28, \"filename\": \"2019-0026.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 6691, \"paragraph_count\": 15, \"text_char_count\": 42493}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": null, \"doc\": null, \"bill\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"REFERENDUM (PEOPLE-INITIATED REFERENDUM REGARDING THE PORT) BILL, 2019 A BILL FOR A LAW TO PROVIDE FOR THE HOLDING OF A PEOPLE-INITIATED REFERENDUM ON THE ISSUE OF WHETHER THE ISLANDS SHOULD CONTINUE TO MOVE FORWARD WITH THE BUILDING OF THE CRUISE BERTHING AND ENHANCED CARGO PORT FACILITY; AND FOR INCIDENTAL AND CONNECTED PURPOSES PUBLISHING DETAILS Referendum (People-initiated Referendum Regarding the Port) Bill, Objects and Reasons Introduced Memorandum of OBJECTS AND REASONS This Bill provides for the holding of a referendum under section 70 of the Constitution of the Cayman Islands on the proposal to continue to move forward with the building of the cruise berthing and enhancement of the cargo facility. Clause 1 provides the short title of the legislation. Clause 2 provides for the interpretation of certain expressions used in the legislation, including definitions for \u201cobserver\u201d, and \u201cvoter\u201d. This clause also provides that, for the purposes of this legislation, the expressions \u201cDeputy Supervisor\u201d, \u201celection\u201d, \u201celector\u201d, \u201celectoral district\u201d, \u201creturning officer\u201d and \u201cSupervisor\u201d have the same meanings, respectively, as in the Elections Law (2017 Revision). Clause 3 empowers Cabinet, by notice published in the Gazette, in at least one newspaper circulating in the Islands and on Government websites, to appoint a date for the holding of the referendum no earlier than the thirtieth day after the date on which the notice of the referendum is published. Clause 4 specifies the matter of national importance that does not contravene any part of the Bill of Rights or any other part of the Constitution and sets out the referendum question. This clause also confirms that the outcome of the referendum shall be binding on the Government and the Legislature if more than fifty per cent of eligible persons vote in favour of the question specified in the referendum. Clause 5 specifies that the persons entitled to vote in the referendum are those persons who, on the day of the holding of the referendum, would be constitutionally entitled and lawfully qualified to vote as electors at an election in an electoral district. Clause 6 provides for the functions of the Supervisor of Elections, the Deputy Supervisor and various other officials in respect of the conduct and oversight of the referendum. Clause 7 provides for the appointment of persons to observe the conduct of the referendum, the verification of the ballot paper accounts and the counting of the votes. Clause 8 sets out the procedure for challenging the number of ballot papers or votes cast in the referendum. A person who voted in the referendum may present a claim under this section by way of petition. Clause 9 provides for the presentation of the petition as well as for security for costs. Clause 10 provides that every petition made under clause 8 shall be tried in the same manner as an action in the Grand Court by a Judge sitting alone. Clause 11 sets out the power of a Judge in a trial of a claim. Clause 12 enables the referendum proceedings to be conducted as if the referendum was an election of members of the Legislative Assembly and the Elections Law (2017 Objects and Reasons Referendum (People-initiated Referendum Regarding the Port) Bill, Introduced Revision) and any rules made under the Elections Law (2017 Revision) shall apply for those purposes and be construed with the necessary modifications. Clause 13 provides that expenses properly incurred by, and remuneration and travelling allowances payable to, election officers performing functions in relation to the conduct of the referendum are to be defrayed out of the general revenue of the Islands. Clause 14 empowers the Cabinet to make regulations for the conduct of the referendum and to provide for any other matter as may appear to be necessary or expedient for the purpose of giving effect to the legislation. Schedule 1 provides the form of the ballot paper to be used in the referendum. Schedule 2 provides for the application and modification of provisions of the Elections Law (2017 Revision) and the Elections Rules (2017 Revision). Referendum (People-initiated Referendum Regarding the Port) Bill, Arrangement of Clauses Introduced REFERENDUM (PEOPLE-INITIATED REFERENDUM REGARDING THE PORT) BILL, Arrangement of Clauses Clause 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"SCHEDULE 1 SCHEDULE 2 Referendum (People-initiated Referendum Regarding the Port) Bill, Clause 1 Introduced REFERENDUM (PEOPLE-INITIATED REFERENDUM REGARDING THE PORT) BILL, A BILL FOR A LAW TO PROVIDE FOR THE HOLDING OF A PEOPLE-INITIATED REFERENDUM ON THE ISSUE OF WHETHER THE ISLANDS SHOULD CONTINUE TO MOVE FORWARD WITH THE BUILDING OF THE CRUISE BERTHING AND ENHANCED CARGO PORT FACILITY; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"WHEREAS section 70(1) of the Constitution of the Cayman Islands provides for peopleinitiated referendums and that a law enacted by the Legislature shall make provision to hold a referendum amongst persons registered as electors in accordance with section 90 of the Constitution on a matter or matters of national importance that do not contravene any part of the Bill of Rights or any other part of the Constitution;\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"AND WHEREAS, in accordance with section 70(2)(a) of the Constitution of the Cayman Islands, there was presented to the Cabinet a petition signed by not less than twenty-five per cent of persons registered as electors in accordance with section 90 of the Constitution of the Cayman Islands;\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"AND WHEREAS, in accordance with section 70(2)(b) and (c) of the Constitution of the Cayman Islands, the Cabinet has settled the wording of the referendum question and has Clause 1 Referendum (People-initiated Referendum Regarding the Port) Bill, Introduced made a determination on the date for the holding of the referendum in a manner prescribed by this Law:\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"NOW, THEREFORE, it is DECLARED that the matter specified in section 4(1) of this Law is a matter of national importance that does not contravene any part of the Bill of Rights or any other part of the Constitution. 1. Short title 1. This Law may be cited as the Referendum (People-initiated Referendum Regarding the Port) Law, 2019. 2. Interpretation 2. (1) In this Law \u2014 \u201cConstitution\u201d means the Constitution set out in Schedule 2 to the Cayman Islands Constitution Orders 2009 to 2016; \u201ccounting station\u201d means any room secured by a returning officer for the counting of the votes in respect of a referendum on the day appointed for the holding of the referendum; \u201cGovernor\u201d means the person for the time being holding the office of Governor of the Islands, and includes any person for the time being lawfully performing the functions of that office under the Constitution; \u201clead organisation\u201d means the lead organisation responsible for the presentation of the referendum petition; \u201cobserver\u201d means a person appointed under section 7 to observe  \u2014 (a) the conduct of the referendum; (b) the verification of the ballot paper accounts; and (c) the counting of votes; \u201cpolling station\u201d means a place appointed by notice for the holding of the referendum in an electoral district; \u201cpresiding officer\u201d means an election officer appointed under section 36 of the Elections Law (2017 Revision) to attend at each polling station to receive the votes;  and \u201cvoter\u201d means a person who votes or is entitled to vote at the referendum having been so duly qualified as a registered elector pursuant to the Elections Law (2017 Revision). (2) For the purposes of this Law, the expressions \u201cDeputy Supervisor\u201d, \u201celection\u201d, \u201celector\u201d, \u201celectoral district\u201d, \u201creturning officer\u201d and \u201cSupervisor\u201d have the same meanings, respectively, as in the Elections Law (2017 Revision). Referendum (People-initiated Referendum Regarding the Port) Bill, Clause 3 Introduced 3. Holding of referendum 3. (1) A referendum shall be held on the matter specified in section 4(1) with each elector being entitled to cast one vote. (2) The Cabinet shall by notice, published in the Gazette, in at least one newspaper circulating in the Islands and on Government websites, appoint a day for the holding of the referendum, being a day not earlier than the thirtieth day after the date of the publication of the notice. 4. Matter of national importance and referendum question 4. (1) The matter of national importance is whether the Islands should continue to move forward with the building of the cruise berthing and enhanced cargo port facility. (2) For the purpose of determining the matter of national importance under subsection (1), the following question shall be asked in the referendum \u2014 \u201cShould the Cayman Islands continue to move forward with building the cruise berthing and enhanced cargo port facility?\u201d. (3) The ballot paper to be used for the purpose of the referendum shall be in the form set out in Schedule 1. (4) The outcome of the referendum shall be binding on the Government and the Legislature if more than fifty per cent of persons registered as electors pursuant to the Elections Law (2017 Revision), vote in the referendum in favour of, or against, the question specified in subsection (2).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Entitlement to vote 5. The persons entitled to vote in the referendum are those persons who, on the day of the holding of the referendum \u2014 (a)  are registered as electors in accordance with section 90 of the Constitution; and (b) would be entitled to vote as electors at an election in an electoral district in accordance with the Elections Law (2017 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Conduct of referendum 6. (1) The functions which, in relation to an election, are conferred on the Supervisor or a Deputy Supervisor by the Elections Law (2017 Revision) shall, in relation to the referendum, be discharged by those officers respectively. (2) The Supervisor shall, in addition to the functions conferred on the Supervisor by subsection (1), be responsible, together with the returning officers, for conducting the count of votes cast in the referendum and for certifying the total of the ballot papers and the respective answers relating to the referendum. Clause 7 Referendum (People-initiated Referendum Regarding the Port) Bill, Introduced (3) The Governor shall, by instrument in writing, appoint such persons as may be necessary \u2014 (a) as returning officers for the purpose of conducting the referendum in an electoral district; and (b) to assist the Supervisor in conducting the count of votes cast in the referendum. (4) Subject to subsection (2), the functions which in relation to an election are conferred respectively on returning officers, presiding officers, poll clerks, field officers and logistics officers by the Elections Law (2017 Revision) shall, in relation to the referendum, be discharged by those officers respectively.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Observers 7. (1) The Governor may, by instrument in writing, appoint persons to observe the conduct of the referendum, the verification of the ballot paper accounts and the counting of the votes. (2) The Premier and the Leader of the Opposition may each, by instrument in writing, appoint in respect of each polling station and each counting station, two persons to be observers to observe the conduct of the referendum, the verification of the ballot paper accounts and the counting of the votes. (3) The lead organisation may, by instrument in writing, appoint in respect of each polling station and each counting station, two persons to be observers to observe the conduct of the referendum, the verification of the ballot paper accounts and the counting of the votes.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Legal challenge 8. (1) A court shall not entertain any proceedings for questioning the number of ballot papers or votes cast in the referendum as certified by the Supervisor based on returns as certified by the returning officers, unless the proceedings are brought in accordance with this section. (2) The proceedings shall be brought by a claim made by way of petition, filed in the Grand Court before the end of the permitted period. (3) A petition may only be presented to the Grand Court by a person who voted in the referendum. (4) In subsection (2), the \u201cpermitted period\u201d means the period of twenty-one days starting with \u2014 (a) the date on which a certificate as to the matters mentioned in subsection (1) is given by the Supervisor; or (b) if there is more than one such certificate, the date on which the last such certificate is given. Referendum (People-initiated Referendum Regarding the Port) Bill, Clause 9 Introduced\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Presentation of petition under section 8 and security for costs 9. The following provisions apply with respect to the presentation of a petition under section 8 \u2014 (a) the petition shall be presented within twenty-one days after the return made by the Supervisor unless the petition questions the return upon an allegation of corrupt practices and specifically alleges a payment of money or other reward to have been made by or on account of an elected member of the Legislative Assembly, the lead organisation or any other organisation involved in campaigning for the referendum, since the time of such return, in pursuance or in furtherance of such corrupt practices, in which case the petition may be presented at any time within twenty-eight days after the date of such payment; (b) at the time of the presentation of the petition, or within three days afterwards, security for the payment of all costs, charges and expenses that may become payable by the petitioner \u2014 (i) to any person summoned as a witness on the petitioner\u2019s behalf; or (ii) to any other person named as a respondent in the petition, shall be given on behalf of the petitioner; and (c) the security shall be in an amount of three thousand dollars and shall be given by deposit of money in the Grand Court.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Trial of petition under section 8 10. (1) Every petition made under section 8 shall be tried in the same manner as an action in the Grand Court by a Judge sitting alone. (2) At the conclusion of the trial the Judge shall determine whether or not the outcome of the referendum was void or not and shall certify such determination to the Governor. (3) Upon the Judge\u2019s certificate being given, the determination shall be final; and the return shall be confirmed or altered, or a writ for a referendum issued, as the case may require, in accordance with such determination.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Power of the Judge 11. At the trial of a petition under section 8, a Judge shall, subject to this Law, have the same powers, jurisdiction and authority, and witnesses shall be subpoenaed and sworn in the same manner, as nearly as circumstances admit, as in the trial of a civil action in the Grand Court, and such witnesses shall be subject to the same penalties for perjury. Clause 12 Referendum (People-initiated Referendum Regarding the Port) Bill, Introduced\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Application of Elections Law (2017 Revision) 12. (1) For the purposes of the referendum, votes shall be cast, and the proceedings shall be conducted, so far as may be, as if the referendum was an election of members to the Legislative Assembly and the Elections Law (2017 Revision) and any rules in force under that Law shall, for those purposes, be construed accordingly, but any reference to a candidate, nomination, agent, election agent, polling agent or counting agent shall, unless the context otherwise requires, be disregarded. (2) Without prejudice to subsection (1), the provisions of the Elections Law (2017 Revision) and the Elections Rules (2017 Revision) specified in column 1 of Schedule 2 shall apply in connection with the referendum, subject to the modifications or exceptions specified in relation to those provisions in column 2 of that Schedule. (3) Unless the contrary intention appears in this Law and in the provisions of the Elections Law (2017 Revision) applied by this Law \u2014 (a) a reference to an election or poll shall be construed as a reference to the referendum; (b) a reference to an electoral district shall be construed as a reference to the area for which the relevant returning officer acts; (c) a reference to polling day shall be construed as a reference to the day appointed for holding the referendum; and (d) a reference to a ballot paper shall be construed as a reference to the ballot paper to be used for the purpose of the referendum. (4) The Cabinet may by Order amend Schedule 2.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Expenses of referendum 13. Expenses properly incurred by, and remuneration and travelling allowances payable to, election officers carrying out functions under this Law shall be defrayed out of the general revenue of the Islands. 14. Regulations 14. The Cabinet may make regulations \u2014 (a) to provide for the conduct of the referendum as may appear to be necessary or expedient; and (b) to provide for any other matter, as may appear to be necessary or expedient for the purpose of giving effect to this Law. Referendum (People-initiated Referendum Regarding the Port) Bill, SCHEDULE 1 Introduced SCHEDULE 1 (section 4(3)) FORM OF BALLOT PAPER NO. _____________ REFERENDUM____________ Consecutive number given voter in poll book____________________________ (Counterfoil) BALLOT PAPER Polling day_______________________________________________________ No.__________   Initial of presiding officer _____________________________ The Referendum Question is: \u201cShould the Cayman Islands continue to move forward with building the cruise berthing and enhanced cargo port facility?\u201d. YES NO SCHEDULE 2 Referendum (People-initiated Referendum Regarding the Port) Bill, Introduced SCHEDULE 2 (section 12(2)) Part 1 Application and Modification of Provisions of the Elections Law (2017 Revision) Provision applied and subject matter Modification (Definitions and interpretation) In subsection (1), insert the following definitions in the appropriate alphabetical sequence\u2014 \u201cobserver\u201d means a person appointed by instrument by the Governor, the Premier, the Leader of the Opposition and a lead organisation to observe  \u2014 (a) the conduct of the referendum; (b) the verification of the ballot paper accounts; and (c) the counting of votes; and \u201cvoter\u201d means a person who votes or is entitled to vote at the referendum having been so duly qualified as a registered elector pursuant to the Elections Law (2017 Revision);\u201d. (Electors registration cards) Omit. PART III (Registration of Political Parties) Omit. (Issue of writs for holding elections) Omit and substitute - \u201c28. (1) On the issue of the notice of the appointed day for the holding of the referendum under section 3(2) of the Referendum (People-initiated Referendum Regarding the Port) Law, 2019, the Supervisor shall by notice published in the Gazette appoint the polling stations for the holding of the referendum in an electoral district. (2) The places appointed for the holding of a referendum in an electoral district shall each be a convenient building Referendum (People-initiated Referendum Regarding the Port) Bill, SCHEDULE 2 Introduced Provision applied and subject matter Modification or part of a building so determined by the Supervisor within, or in the opinion of the Supervisor conveniently near, the boundary of the electoral district concerned, not being a building licensed for the sale of intoxicating liquor.\u201d. (Nominations) Omit and substitute - \u201c29. (1) The Supervisor shall \u2014 (a) establish counting stations for counting the votes cast in the referendum; and (b) give notice of the holding of the referendum, specifying in the notice \u2014 (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. (Offences in respect of nomination papers) Omit. (Withdrawal or death of candidate) Omit. (Deposits) Omit. section 33     (When deposit forfeited or returned) Omit. Omit. SCHEDULE 2 Referendum (People-initiated Referendum Regarding the Port) Bill, Introduced Provision applied and subject matter Modification (Contested elections, publication of date and place, etc.) (Polling stations) In subsection (1) omit the words \u201csection 34(2) for the taking of the poll\u201d and substitute the words \u201csection 29(1)(b)(i) for the holding of the referendum\u201d. (Presiding officers) In subsection (1) omit the words \u201c, but he shall not so appoint any person who has been employed by or on behalf of a candidate in or about the election\u201d. (Polling and counting agent) Omit and substitute - \u201c40. An observer, on being admitted to a polling station, shall take an oath in Form 25A to keep secret the manner in which any of the voters has marked the voter\u2019s ballot paper in the observer\u2019s presence.\u201d. section 41   (Taking of poll and the ballot) Omit subsection (2) and substitute - \u201c(2) The ballot of each voter shall be a printed paper in the form set out in Schedule 1 of the Referendum (Peopleinitiated Referendum Regarding the Port) Law, 2019 and each ballot paper shall have a serial number printed on the back and shall have attached to it a counterfoil with the same serial number printed on the face and there shall be a line of perforations between the ballot paper and the counterfoil.\u201d. (Restriction on voting) Omit. (Proceedings at poll) In subsection (1) omit the words \u201ccandidates, their agents,\u201d and substitute the word \u201cobservers\u201d. In subsection (4) omit the words \u201cagent of a candidate\u201d and substitute the word \u201cobserver\u201d. section 46 (Who are In subsection (2) omit the words \u201cagents aforesaid\u201d and substitute Referendum (People-initiated Referendum Regarding the Port) Bill, SCHEDULE 2 Introduced Provision applied and subject matter Modification to be admitted within polling stations) the word \u201cobservers\u201d. section 47 (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. (Questions which may be put to elector) In subsection (1) omit the words \u201ca candidate or his agent\u201d and substitute the words \u201can observer\u201d. section 49 (Mode of taking ballot in special cases) Omit subsection (2)(c) and substitute - \u201c(c) any objections made by an observer.\u201d. (Who may vote) In subsection (2) omit the words \u201c, one of the candidates or an agent of a candidate\u201d and substitute the words \u201cor an observer\u201d. section 56 (Who may be present) Omit and substitute - \u201c56. The following persons shall be permitted to remain in the polling station during the time the poll remains open \u2014 (a) the presiding officer; (b) the poll clerk; (c) the Supervisor; (d) the Deputy Supervisors; (e) the returning officer of the electoral district; (f) the observers; (g) the constables in uniform on duty; and (h) such field officers, logistics officers, emergency personnel and other persons as may be authorised in writing by the Supervisor.\u201d. (Proceedings at the close of the poll) In subsection (2) omit the words \u201ccandidate or agent\u201d and substitute the word \u201cobservers\u201d. Omit subsection (3). SCHEDULE 2 Referendum (People-initiated Referendum Regarding the Port) Bill, Introduced Provision applied and subject matter Modification (The count) Omit subsections (1) and (2) and substitute - \u201c (1) Immediately after the close of the poll, the presiding officer shall  \u2014 (a) seal the ballot box so as to prevent the introduction of additional ballot papers and shall turn over the box in its sealed condition to the returning officer; and (b) seal up in separate packets all  \u2014 (i) spoilt ballot papers in the possession of the returning officer; and (ii) unused ballot papers in the possession of the presiding officer, and shall endorse on each packet a description of its contents and the name of the electoral district and deliver all the packets so endorsed to the returning officer. (1A) Upon receipt of a sealed ballot box from a returning officer under subsection (1), the Supervisor shall break the seal 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 in such box all the ballot papers removed from the ballot boxes for the electoral districts in the referendum shall be placed and mixed together for the purpose of being counted. (2) When all the ballot boxes from all the polling stations have been received by the Supervisor and dealt with in accordance with subsection (1A), and not before, the Supervisor shall, in the presence of such of the observers as are present, or, if no observers are present, two electors  \u2014 (a) record and count the number of votes (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 Referendum (People-initiated Referendum Regarding the Port) Bill, SCHEDULE 2 Introduced Provision applied and subject matter Modification which they may keep their own scores as each vote is called out by the returning officer; and (b) reject all ballot papers \u2014 (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)  and substitute - \u201c(7) Where, in the course of counting the votes, the returning officer discovers that the presiding officer has omitted to affix the presiding officer\u2019s initials to any ballot paper as provided by section 47(1), the returning officer shall, in the presence of the poll clerk and such of the observers as are present, affix the returning officer\u2019s 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 the returning officer 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 under section 57(1)(f). (8) Where a vote is marked \u2014 (a) otherwise than in the proper place; (b) otherwise than with 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 returning officer shall keep a record, on the special form printed in the poll book, of every objection made by an observer or a voter present, to any ballot paper found in a ballot box, and shall decide every question arising out of the objection. (10)  Every objection under subsection (9) shall be numbered and a corresponding number shall be placed on the back SCHEDULE 2 Referendum (People-initiated Referendum Regarding the Port) Bill, Introduced Provision applied and subject matter Modification of the ballot paper and initialled by the returning officer. (11) The decision of the returning officer under subsection (9) shall be final, subject to reversal on petition under section 85 questioning the return. (12) Every ballot paper not rejected by the returning officer shall be counted and a list shall be kept of\u2014 (a)  the number of votes for the respective answers relating to the referendum; and (b)  the number of rejected ballot papers. (13) The returning officer shall put into one packet the rejected ballot papers and put into another packet the remaining used ballot papers, and both packets shall be sealed by the returning officer and may be signed by such observers or witnesses present who desire to sign the packets. (14) Where an observer is not satisfied with the accuracy of the count of any segment of the count, the observer may, on completion of the count of that segment, immediately demand a recount which shall 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. (Influencing electors to vote for any candidate) In subsection (1) omit the words \u201cany elector to vote for any candidate or to ascertain for what candidate any elector\u201d and substitute the words \u201chow any voter will vote or to ascertain the manner in which any voter\u201d. section 61 (Election return) Omit and substitute - \u201c61. (1) The Supervisor shall keep in safe custody \u2014 (a) the notice appointing a day for the holding of the referendum, with the return showing the answer declared to be mandated in accordance with section 58; (b) a report of the Supervisor\u2019s proceedings showing the number of votes cast for the respective answers relating to the referendum, and making such Referendum (People-initiated Referendum Regarding the Port) Bill, SCHEDULE 2 Introduced Provision applied and subject matter Modification observation as the Supervisor  may think proper as to the state of the referendum papers as received from the presiding officer; (c) information relating to the number of persons to whom, it appears from the counterfoils, ballot papers have been supplied in the electoral district; (d) the reserve supply of undistributed blank ballot papers; (e) the poll book used at each polling station, a packet containing the counterfoils and unused ballot papers, a packet containing the used ballot papers (other than the rejected ballot papers), a packet containing the spoiled ballot papers, a packet containing the rejected ballot papers and a packet containing the official list of voters used at the polling stations, and the written appointments of the observers; and (f) any other documents used for the referendum. (2) Where the result of the poll has been ascertained, the Supervisor shall forthwith publicly declare that result and shall subsequently by notice published in the Gazette, publish the result.\u201d. section 62 (Custody of election documents) In subsections (1)(a), (3) and (5) omit the word \u201celection\u201d wherever it appears and substitute the word \u201creferendum\u201d. Omit subsection (2) and substitute - \u201c(2) Where proceedings have been brought questioning the number of ballot papers or votes cast in a referendum, the Supervisor shall, on the order of the court, deliver to the court the documents relating to the referendum.\u201d. Omit subsection (4) and substitute - \u201c(4) The referendum documents in the custody of the Supervisor shall not be inspected or produced except on the order of a Judge of the Grand Court. (4A) An order under subsection (4) may be made by the Judge where the Judge is satisfied by evidence on oath that the inspection or production of such referendum SCHEDULE 2 Referendum (People-initiated Referendum Regarding the Port) Bill, Introduced Provision applied and subject matter Modification documents is required for the purpose of instituting or maintaining a prosecution for an offence in relation to a referendum or for the purpose of proceedings which have been brought questioning the number of ballot papers or votes cast in the referendum.\u201d. PART V    (Election Expenses) Omit. (Regulation of political broadcasts) Omit subsection (2) and substitute - \u201c(2) The provisions of this Part shall, with the necessary changes being made, apply in respect of a referendum as they apply to an election.\u201d. section 81(2) (Regulation of Statistical Information) Omit subsection (2) and substitute - \u201c(2) The provisions of this Part shall, with the necessary changes being made, apply in respect of a referendum as they apply to an election.\u201d. PART VIII (Election Petitions) Omit. (Intoxicating liquor not to be sold or given) Omit (Loudspeakers, ensigns, banners, advertisements, etc., prohibited on polling day) In subsection (2) omit the words \u201ccandidate, or of the political or other opinions entertained or supposed to be entertained by such candidate\u201d and substitute the words \u201cspecific result at the referendum\u201d. In subsection (3)(a) omit the words \u201cparticular candidate or group of candidates\u201d and substitute the words \u201cspecific result at the referendum\u201d. In subsection (3)(b) omit the words \u201ccandidate or group of candidates\u201d and substitute the words \u201cperson, group or political party\u201d. Omit subsection (4). In subsection (1)(c) and (d) omit the words \u201cthe return of any Referendum (People-initiated Referendum Regarding the Port) Bill, SCHEDULE 2 Introduced Provision applied and subject matter Modification (Definition of bribery) person as an elected member of the Assembly, or the vote of any elector at any election\u201d and substitute the words \u201ca specific result at the referendum\u201d. Omit subsection (3)(a) and (c). section 102  (Illegal practices and penalties) Omit subsection (1)(b). In subsection (1)(c) omit the words \u201ccalled for the purpose of promoting the election of a candidate as a member to serve in the Assembly\u201d and substitute \u201ccalled in relation to the referendum\u201d. Omit subsection (1)(d) and substitute - \u201c(d) acting in a personal capacity or in the capacity of a director of any corporate body or association, before or during the referendum for the purpose of affecting the results of the referendum, makes or publishes any false statement of fact in relation to the referendum,\u201d. Form 1 in Schedule 2 (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. Form in Schedule 2 (Oath of presiding officer) Omit and substitute - \u201cFORM 21 (section 36(2)) OATH OF PRESIDING OFFICER I, ___________________________________ the undersigned, appointed presiding officer for the polling station at_______________________ in the _________________ electoral district swear that I will act faithfully in my capacity as presiding officer, according to law, without partiality, fear, favour or affection, and that I will keep secret the manner in which any of the voters in the above-mentioned polling station marks that voter\u2019s ballot in my presence at this referendum. SO HELP ME GOD. _________________________ SCHEDULE 2 Referendum (People-initiated Referendum Regarding the Port) Bill, Introduced Provision applied and subject matter Modification Presiding Officer Sworn before me at _____________ this _____day of ____________, 20__.\u201d. Form in Schedule 2 (Oath of poll clerk) Omit and substitute - \u201cFORM 23 (section 37(2)) OATH OF POLL CLERK I, ___________________________________ the undersigned, appointed poll clerk for the polling station at_______________________ in the __________________________ electoral district swear that I will act faithfully in my  capacity as poll clerk and also in my capacity as presiding officer if required to act as such, according to law, without partiality, fear, favour or affection and that I will keep secret the manner in which any of the voters in the abovementioned polling station marks that voter\u2019s ballot in my presence at this referendum. SO HELP ME GOD. ___________________ Poll Clerk Sworn before me at _____________ this _____day of ____________, 20__.\u201d. Form 24 in Schedule 2 (Direction for the guidance of electors) Omit and substitute - \u201cFORM 24 (section 39(2)(e)) DIRECTION FOR THE GUIDANCE OF VOTERS 1. A voter must not vote at more than one polling station. 2. A voter may vote for 1 answer only. If the voter votes for more than 1 answer the ballot paper is void and none of the Referendum (People-initiated Referendum Regarding the Port) Bill, SCHEDULE 2 Introduced Provision applied and subject matter Modification votes will be counted. 3. A voter votes for an answer by placing an X to the right of the answer YES NO 4. If a voter marks the ballot paper in any way that will identify the voter the ballot paper will be rejected. 5. After voting, a voter must fold the ballot paper along the line shown on the ballot paper and hand the folded ballot paper to the presiding officer. 6. The presiding officer will, in the full view of those present including the voter, remove the counterfoil from the ballot paper and return the ballot paper to the voter who will deposit the ballot paper in the ballot box; except that where the voter is unable from physical or other disability to deposit the ballot paper in the ballot box, the presiding officer will, on the voter's behalf, deposit the ballot paper in the ballot box. 7. If a voter inadvertently spoils a ballot paper the voter can obtain another one by returning the spoilt one to the presiding officer. 8. A person given a ballot paper must not leave the polling station with the ballot paper. 9. After voting, a voter must leave the polling station.\u201d. Form 25A in Schedule 2 (Oath of agent of a candidate) Omit and substitute - \u201cFORM 25A (section 40(4)) OATH OF OBSERVER I _____________________________ the undersigned, observer in the referendum held on this day in the ___________________________ electoral district do swear that I will keep secret the manner in which any voter at this polling station marks that voter\u2019s ballot paper in my presence at this referendum. SCHEDULE 2 Referendum (People-initiated Referendum Regarding the Port) Bill, Introduced Provision applied and subject matter Modification SO HELP ME GOD. ________________________ Signature Sworn before me at _______________________ this ____ day of _____________, 20__.\u201d Form 30 in Schedule 2 (Oath that the elector is the person intended to be referred to in the official list of electors) Omit and substitute - \u201cFORM 30 (section 55(1)) OATH THAT THE VOTER IS THE PERSON INTENDED TO BE REFERRED TO IN THE OFFICIAL LIST OF VOTERS You swear that you are qualified to vote at this referendum and you are not disqualified from voting at the referendum and that you verily believe that you are the person intended to be referred to by the entry in the official List of Voters used at the polling station, of the name ___________________________ whose occupation is given as ________________________________ and whose street address is given as ____________________________________ SO HELP YOU GOD\u201d. Referendum (People-initiated Referendum Regarding the Port) Bill, SCHEDULE 2 Introduced Part 2 Application and Modification of Provisions of the Elections Rules (2017 Revision) Rule applied and subject matter Modification rule 3   (Application to be treated as absent elector) In the proviso to paragraph (1) omit the words \u201c, not being a candidate for election or the agent of such a candidate\u201d. Omit paragraph (6). rule 8 (Form of declaration of identity) Omit paragraphs (2) and (3). rule 9 (Persons entitled to be present at the issue and receipt of postal ballot papers) Omit and substitute - \u201c9. No person other than \u2014 (a) the Supervisor; (b) the Deputy Supervisors; (c) a returning officer; (d)  a deputy returning officer; (e) a returning officer\u2019s clerk; and (f) the observers, may be present at the proceedings on the issue or receipt of postal ballot papers.\u201d. rule 11 (Notice of issue of postal ballot papers) Omit. rule 15 (Delivery of postal ballot paper to post office) In paragraph (1) insert after the words \u201cService\u201d the following words - \u201cor such other mail delivery or trackable courier service as may be determined by the Supervisor\u201d. SCHEDULE 2 Referendum (People-initiated Referendum Regarding the Port) Bill, Introduced Rule applied and subject matter Modification rule 25 (Ballot paper for byelection) Omit. Passed by the Legislative Assembly the day of , 2019. 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This clause also provides that, for the\npurposes of this legislation, the expressions \u201cDeputy Supervisor\u201d, \u201celection\u201d, \u201celector\u201d,\n\u201celectoral district\u201d, \u201creturning officer\u201d and \u201cSupervisor\u201d have the same meanings,\nrespectively, as in the Elections Law (2017 Revision).\nClause 3 empowers Cabinet, by notice published in the Gazette, in at least one newspaper\ncirculating in the Islands and on Government websites, to appoint a date for the holding\nof the referendum no earlier than the thirtieth day after the date on which the notice of the\nreferendum is published.\nClause 4 specifies the matter of national importance that does not contravene any part of\nthe Bill of Rights or any other part of the Constitution and sets out the referendum\nquestion. This clause also confirms that the outcome of the referendum shall be binding\non the Government and the Legislature if more than fifty per cent of eligible persons vote\nin favour of the question specified in the referendum.\nClause 5 specifies that the persons entitled to vote in the referendum are those persons\nwho, on the day of the holding of the referendum, would be constitutionally entitled and\nlawfully qualified to vote as electors at an election in an electoral district.\nClause 6 provides for the functions of the Supervisor of Elections, the Deputy Supervisor\nand various other officials in respect of the conduct and oversight of the referendum.\nClause 7 provides for the appointment of persons to observe the conduct of the\nreferendum, the verification of the ballot paper accounts and the counting of the votes.\nClause 8 sets out the procedure for challenging the number of ballot papers or votes cast\nin the referendum. A person who voted in the referendum may present a claim under this\nsection by way of petition.\nClause 9 provides for the presentation of the petition as well as for security for costs.\nClause 10 provides that every petition made under clause 8 shall be tried in the same\nmanner as an action in the Grand Court by a Judge sitting alone.\nClause 11 sets out the power of a Judge in a trial of a claim.\nClause 12 enables the referendum proceedings to be conducted as if the referendum was\nan election of members of the Legislative Assembly and the Elections Law (2017\n\nObjects and Reasons\nReferendum (People-initiated Referendum Regarding the Port) Bill,\n2019\n\nPage 4\nIntroduced\nc\n\nRevision) and any rules made under the Elections Law (2017 Revision) shall apply for\nthose purposes and be construed with the necessary modifications.\nClause 13 provides that expenses properly incurred by, and remuneration and travelling\nallowances payable to, election officers performing functions in relation to the conduct of\nthe referendum are to be defrayed out of the general revenue of the Islands.\nClause 14 empowers the Cabinet to make regulations for the conduct of the referendum\nand to provide for any other matter as may appear to be necessary or expedient for the\npurpose of giving effect to the legislation.\nSchedule 1 provides the form of the ballot paper to be used in the referendum.\nSchedule 2 provides for the application and modification of provisions of the Elections\nLaw (2017 Revision) and the Elections Rules (2017 Revision).\n\nReferendum (People-initiated Referendum Regarding the Port) Bill,\n2019\nArrangement of Clauses\n\nc\nIntroduced\nPage 5\n\nCAYMAN ISLANDS\n\nREFERENDUM (PEOPLE-INITIATED\nREFERENDUM REGARDING THE PORT) BILL,\n2019\n\nArrangement of Clauses\nClause\nPage\n1.\nShort title ...................................................................................................................................8\n2.\nInterpretation .............................................................................................................................8\n3.\nHolding of referendum ...............................................................................................................9\n4.\nMatter of national importance and referendum question.............................................................9\n5.\nEntitlement to vote .....................................................................................................................9\n6.\nConduct of referendum ..............................................................................................................9\n7.\nObservers ................................................................................................................................ 10\n8.\nLegal challenge ....................................................................................................................... 10\n9.\nPresentation of petition under section 8 and security for costs ................................................. 11\n10.\nTrial of petition under section 8 ................................................................................................ 11\n11.\nPower of the Judge .................................................................................................................. 11\n12.\nApplication of Elections Law (2017 Revision) ........................................................................... 12\n13.\nExpenses of referendum .......................................................................................................... 12\n14.\nRegulations ............................................................................................................................. 12\nSCHEDULE 1\n13\nSCHEDULE 2\n14\n\nReferendum (People-initiated Referendum Regarding the Port) Bill,\n2019\nClause 1\n\nc\nIntroduced\nPage 7\n\nCAYMAN ISLANDS\n\nREFERENDUM (PEOPLE-INITIATED\nREFERENDUM REGARDING THE PORT) BILL,\n2019\n\nA BILL FOR A LAW TO PROVIDE FOR THE HOLDING OF A PEOPLE-INITIATED\nREFERENDUM ON THE ISSUE OF WHETHER THE ISLANDS SHOULD CONTINUE\nTO MOVE FORWARD WITH THE BUILDING OF THE CRUISE BERTHING AND\nENHANCED CARGO PORT FACILITY; AND FOR INCIDENTAL AND CONNECTED\nPURPOSES\nENACTED by the Legislature of the Cayman Islands.\n1.\nWHEREAS section 70(1) of the Constitution of the Cayman Islands provides for peopleinitiated referendums and that a law enacted by the Legislature shall make provision to\nhold a referendum amongst persons registered as electors in accordance with section 90\nof the Constitution on a matter or matters of national importance that do not contravene\nany part of the Bill of Rights or any other part of the Constitution;\n2.\nAND WHEREAS, in accordance with section 70(2)(a) of the Constitution of the Cayman\nIslands, there was presented to the Cabinet a petition signed by not less than twenty-five\nper cent of persons registered as electors in accordance with section 90 of the\nConstitution of the Cayman Islands;\n3.\nAND WHEREAS, in accordance with section 70(2)(b) and (c) of the Constitution of the\nCayman Islands, the Cabinet has settled the wording of the referendum question and has\n\nClause 1\nReferendum (People-initiated Referendum Regarding the Port) Bill,\n2019\n\nPage 8\nIntroduced\nc\n\nmade a determination on the date for the holding of the referendum in a manner\nprescribed by this Law:\n4.\nNOW, THEREFORE, it is DECLARED that the matter specified in section 4(1) of this\nLaw is a matter of national importance that does not contravene any part of the Bill of\nRights or any other part of the Constitution.\n1.\nShort title\n1.\nThis Law may be cited as the Referendum (People-initiated Referendum Regarding\nthe Port) Law, 2019.\n2.\nInterpretation\n2.\n(1) In this Law \u2014\n\u201cConstitution\u201d means the Constitution set out in Schedule 2 to the Cayman\nIslands Constitution Orders 2009 to 2016;\n\u201ccounting station\u201d means any room secured by a returning officer for the\ncounting of the votes in respect of a referendum on the day appointed for the\nholding of the referendum;\n\u201cGovernor\u201d means the person for the time being holding the office of\nGovernor of the Islands, and includes any person for the time being lawfully\nperforming the functions of that office under the Constitution;\n\u201clead organisation\u201d means the lead organisation responsible for the\npresentation of the referendum petition;\n\u201cobserver\u201d means a person appointed under section 7 to observe  \u2014\n(a) the conduct of the referendum;\n(b) the verification of the ballot paper accounts; and\n(c) the counting of votes;\n\u201cpolling station\u201d means a place appointed by notice for the holding of the\nreferendum in an electoral district;\n\u201cpresiding officer\u201d means an election officer appointed under section 36 of\nthe Elections Law (2017 Revision) to attend at each polling station to receive\nthe votes;  and\n\u201cvoter\u201d means a person who votes or is entitled to vote at the referendum\nhaving been so duly qualified as a registered elector pursuant to the Elections\nLaw (2017 Revision).\n(2) For the purposes of this Law, the expressions \u201cDeputy Supervisor\u201d,\n\u201celection\u201d, \u201celector\u201d, \u201celectoral district\u201d, \u201creturning officer\u201d and\n\u201cSupervisor\u201d have the same meanings, respectively, as in the Elections Law\n(2017 Revision).\n\nReferendum (People-initiated Referendum Regarding the Port) Bill,\n2019\nClause 3\n\nc\nIntroduced\nPage 9\n\n3.\nHolding of referendum\n3.\n(1) A referendum shall be held on the matter specified in section 4(1) with each\nelector being entitled to cast one vote.\n(2) The Cabinet shall by notice, published in the Gazette, in at least one newspaper\ncirculating in the Islands and on Government websites, appoint a day for the\nholding of the referendum, being a day not earlier than the thirtieth day after\nthe date of the publication of the notice.\n4.\nMatter of national importance and referendum question\n4.\n(1) The matter of national importance is whether the Islands should continue to\nmove forward with the building of the cruise berthing and enhanced cargo port\nfacility.\n(2) For the purpose of determining the matter of national importance under\nsubsection (1), the following question shall be asked in the referendum \u2014\n\u201cShould the Cayman Islands continue to move forward with building the\ncruise berthing and enhanced cargo port facility?\u201d.\n(3) The ballot paper to be used for the purpose of the referendum shall be in the\nform set out in Schedule 1.\n(4) The outcome of the referendum shall be binding on the Government and the\nLegislature if more than fifty per cent of persons registered as electors\npursuant to the Elections Law (2017 Revision), vote in the referendum in\nfavour of, or against, the question specified in subsection (2).\n5.\nEntitlement to vote\n5.\nThe persons entitled to vote in the referendum are those persons who, on the day of\nthe holding of the referendum \u2014\n(a)  are registered as electors in accordance with section 90 of the\nConstitution; and\n(b) would be entitled to vote as electors at an election in an electoral district\nin accordance with the Elections Law (2017 Revision).\n6.\nConduct of referendum\n6.\n(1) The functions which, in relation to an election, are conferred on the Supervisor\nor a Deputy Supervisor by the Elections Law (2017 Revision) shall, in relation\nto the referendum, be discharged by those officers respectively.\n(2) The Supervisor shall, in addition to the functions conferred on the Supervisor\nby subsection (1), be responsible, together with the returning officers, for\nconducting the count of votes cast in the referendum and for certifying the\ntotal of the ballot papers and the respective answers relating to the referendum.\n\nClause 7\nReferendum (People-initiated Referendum Regarding the Port) Bill,\n2019\n\nPage 10\nIntroduced\nc\n\n(3) The Governor shall, by instrument in writing, appoint such persons as may be\nnecessary \u2014\n(a)\nas returning officers for the purpose of conducting the referendum in an\nelectoral district; and\n(b) to assist the Supervisor in conducting the count of votes cast in the\nreferendum.\n(4) Subject to subsection (2), the functions which in relation to an election are\nconferred respectively on returning officers, presiding officers, poll clerks,\nfield officers and logistics officers by the Elections Law (2017 Revision) shall,\nin relation to the referendum, be discharged by those officers respectively.\n7.\nObservers\n7.\n(1) The Governor may, by instrument in writing, appoint persons to observe the\nconduct of the referendum, the verification of the ballot paper accounts and the\ncounting of the votes.\n(2) The Premier and the Leader of the Opposition may each, by instrument in\nwriting, appoint in respect of each polling station and each counting station,\ntwo persons to be observers to observe the conduct of the referendum, the\nverification of the ballot paper accounts and the counting of the votes.\n(3) The lead organisation may, by instrument in writing, appoint in respect of each\npolling station and each counting station, two persons to be observers to\nobserve the conduct of the referendum, the verification of the ballot paper\naccounts and the counting of the votes.\n8.\nLegal challenge\n8.\n(1) A court shall not entertain any proceedings for questioning the number of\nballot papers or votes cast in the referendum as certified by the Supervisor\nbased on returns as certified by the returning officers, unless the proceedings\nare brought in accordance with this section.\n(2) The proceedings shall be brought by a claim made by way of petition, filed in\nthe Grand Court before the end of the permitted period.\n(3) A petition may only be presented to the Grand Court by a person who voted in\nthe referendum.\n(4) In subsection (2), the \u201cpermitted period\u201d means the period of twenty-one\ndays starting with \u2014\n(a)\nthe date on which a certificate as to the matters mentioned in subsection\n(1) is given by the Supervisor; or\n(b) if there is more than one such certificate, the date on which the last such\ncertificate is given.\n\nReferendum (People-initiated Referendum Regarding the Port) Bill,\n2019\nClause 9\n\nc\nIntroduced\nPage 11\n\n9.\nPresentation of petition under section 8 and security for costs\n9.\nThe following provisions apply with respect to the presentation of a petition under\nsection 8 \u2014\n(a)\nthe petition shall be presented within twenty-one days after the return\nmade by the Supervisor unless the petition questions the return upon an\nallegation of corrupt practices and specifically alleges a payment of\nmoney or other reward to have been made by or on account of an elected\nmember of the Legislative Assembly, the lead organisation or any other\norganisation involved in campaigning for the referendum, since the time\nof such return, in pursuance or in furtherance of such corrupt practices, in\nwhich case the petition may be presented at any time within twenty-eight\ndays after the date of such payment;\n(b) at the time of the presentation of the petition, or within three days\nafterwards, security for the payment of all costs, charges and expenses\nthat may become payable by the petitioner \u2014\n(i)\nto any person summoned as a witness on the petitioner\u2019s behalf; or\n(ii) to any other person named as a respondent in the petition,\nshall be given on behalf of the petitioner; and\n(c)\nthe security shall be in an amount of three thousand dollars and shall be\ngiven by deposit of money in the Grand Court.\n10.\nTrial of petition under section 8\n10. (1) Every petition made under section 8 shall be tried in the same manner as an\naction in the Grand Court by a Judge sitting alone.\n(2) At the conclusion of the trial the Judge shall determine whether or not the\noutcome of the referendum was void or not and shall certify such\ndetermination to the Governor.\n(3) Upon the Judge\u2019s certificate being given, the determination shall be final; and\nthe return shall be confirmed or altered, or a writ for a referendum issued, as\nthe case may require, in accordance with such determination.\n11.\nPower of the Judge\n11. At the trial of a petition under section 8, a Judge shall, subject to this Law, have the\nsame powers, jurisdiction and authority, and witnesses shall be subpoenaed and\nsworn in the same manner, as nearly as circumstances admit, as in the trial of a civil\naction in the Grand Court, and such witnesses shall be subject to the same penalties\nfor perjury.\n\nClause 12\nReferendum (People-initiated Referendum Regarding the Port) Bill,\n2019\n\nPage 12\nIntroduced\nc\n\n12.\nApplication of Elections Law (2017 Revision)\n12. (1) For the purposes of the referendum, votes shall be cast, and the proceedings\nshall be conducted, so far as may be, as if the referendum was an election of\nmembers to the Legislative Assembly and the Elections Law (2017 Revision)\nand any rules in force under that Law shall, for those purposes, be construed\naccordingly, but any reference to a candidate, nomination, agent, election\nagent, polling agent or counting agent shall, unless the context otherwise\nrequires, be disregarded.\n(2) Without prejudice to subsection (1), the provisions of the Elections Law (2017\nRevision) and the Elections Rules (2017 Revision) specified in column 1 of\nSchedule 2 shall apply in connection with the referendum, subject to the\nmodifications or exceptions specified in relation to those provisions in column\n2 of that Schedule.\n(3) Unless the contrary intention appears in this Law and in the provisions of the\nElections Law (2017 Revision) applied by this Law \u2014\n(a)\na reference to an election or poll shall be construed as a reference to the\nreferendum;\n(b) a reference to an electoral district shall be construed as a reference to the\narea for which the relevant returning officer acts;\n(c)\na reference to polling day shall be construed as a reference to the day\nappointed for holding the referendum; and\n(d) a reference to a ballot paper shall be construed as a reference to the ballot\npaper to be used for the purpose of the referendum.\n(4) The Cabinet may by Order amend Schedule 2.\n13.\nExpenses of referendum\n13. Expenses properly incurred by, and remuneration and travelling allowances payable\nto, election officers carrying out functions under this Law shall be defrayed out of\nthe general revenue of the Islands.\n14.\nRegulations\n14. The Cabinet may make regulations \u2014\n(a)\nto provide for the conduct of the referendum as may appear to be\nnecessary or expedient; and\n(b) to provide for any other matter, as may appear to be necessary or\nexpedient for the purpose of giving effect to this Law.\n\nReferendum (People-initiated Referendum Regarding the Port) Bill,\n2019\nSCHEDULE 1\n\nc\nIntroduced\nPage 13\n\n SCHEDULE 1\n (section 4(3))\nFORM OF BALLOT PAPER\nNO. _____________\n\nREFERENDUM____________\n\nConsecutive number given voter in poll book____________________________\n\n(Counterfoil)\n\nBALLOT PAPER\n\nPolling day_______________________________________________________\n\nNo.__________   Initial of presiding officer _____________________________\n\nThe Referendum Question is:\n\n\u201cShould the Cayman Islands continue to move forward with building the cruise berthing\nand enhanced cargo port facility?\u201d.\n\nYES\nNO\n\nSCHEDULE 2\nReferendum (People-initiated Referendum Regarding the Port) Bill,\n2019\n\nPage 14\nIntroduced\nc\n\nSCHEDULE 2\n(section 12(2))\nPart 1\nApplication and Modification of Provisions of the Elections Law (2017\nRevision)\nProvision applied\nand subject matter\nModification\nsection 2\n(Definitions and\ninterpretation)\n In subsection (1), insert the following definitions in the appropriate\nalphabetical sequence\u2014\n \u201cobserver\u201d means a person appointed by instrument by\nthe Governor, the Premier, the Leader of the Opposition\nand a lead organisation to observe  \u2014\n(a)\nthe conduct of the referendum;\n(b) the verification of the ballot paper accounts; and\n(c) the counting of votes; and\n\u201cvoter\u201d means a person who votes or is entitled to vote\nat the referendum having been so duly qualified as a\nregistered elector pursuant to the Elections Law (2017\nRevision);\u201d.\nsection 20\n(Electors\nregistration cards)\nOmit.\nPART III\n(Registration of\nPolitical Parties)\nOmit.\nsection 28\n(Issue of writs for\nholding elections)\nOmit and substitute -\n\u201c28. (1) On the issue of the notice of the appointed day for the\nholding of the referendum under section 3(2) of the\nReferendum (People-initiated Referendum Regarding\nthe Port) Law, 2019, the Supervisor shall by notice\npublished in the Gazette appoint the polling stations for\nthe holding of the referendum in an electoral district.\n(2) The places appointed for the holding of a referendum in\nan electoral district shall each be a convenient building\n\nReferendum (People-initiated Referendum Regarding the Port) Bill,\n2019\nSCHEDULE 2\n\nc\nIntroduced\nPage 15\n\nProvision applied\nand subject matter\nModification\nor part of a building so determined by the Supervisor\nwithin, or in the opinion of the Supervisor conveniently\nnear, the boundary of the electoral district concerned,\nnot being a building licensed for the sale of intoxicating\nliquor.\u201d.\nsection 29\n(Nominations)\nOmit and substitute -\n\u201c29. (1) The Supervisor shall \u2014\n(a)\nestablish counting stations for counting the votes\ncast in the referendum; and\n(b) give notice of the holding of the referendum,\nspecifying in the notice \u2014\n(i)\nthe date and time for the holding of the\nreferendum;\n(ii) the locations of the polling stations in an\nelectoral district;\n(iii) the location of the counting station; and\n(iv) the date and time when the number of votes\ncast in the referendum shall be counted.\n(2) A notice under subsection (1)(b) shall be published in\nthe Gazette and in at least one newspaper circulating in\nthe Islands.\u201d.\nsection 30\n(Offences in respect\nof nomination\npapers)\nOmit.\nsection 31\n(Withdrawal or\ndeath of candidate)\nOmit.\nsection 32\n(Deposits)\nOmit.\nsection 33     (When\ndeposit forfeited or\nreturned)\nOmit.\nsection 34\nOmit.\n\nSCHEDULE 2\nReferendum (People-initiated Referendum Regarding the Port) Bill,\n2019\n\nPage 16\nIntroduced\nc\n\nProvision applied\nand subject matter\nModification\n(Contested\nelections,\npublication of date\nand place, etc.)\nsection 35\n(Polling stations)\nIn subsection (1) omit the words \u201csection 34(2) for the taking of the\npoll\u201d and substitute the words \u201csection 29(1)(b)(i) for the\nholding of the referendum\u201d.\nsection 36\n(Presiding officers)\nIn subsection (1) omit the words \u201c, but he shall not so appoint any\nperson who has been employed by or on behalf of a candidate in or\nabout the election\u201d.\n\nsection 40\n(Polling and\ncounting agent)\nOmit and substitute -\n\u201c40. An observer, on being admitted to a polling station, shall take\nan oath in Form 25A to keep secret the manner in which any\nof the voters has marked the voter\u2019s ballot paper in the\nobserver\u2019s presence.\u201d.\nsection 41   (Taking\nof poll and the\nballot)\nOmit subsection (2) and substitute -\n\u201c(2) The ballot of each voter shall be a printed paper in the\nform set out in Schedule 1 of the Referendum (Peopleinitiated Referendum Regarding the Port) Law, 2019 and\neach ballot paper shall have a serial number printed on\nthe back and shall have attached to it a counterfoil with\nthe same serial number printed on the face and there\nshall be a line of perforations between the ballot paper\nand the counterfoil.\u201d.\nsection 44\n(Restriction on\nvoting)\nOmit.\nsection 45\n(Proceedings at\npoll)\nIn subsection (1) omit the words \u201ccandidates, their agents,\u201d and\nsubstitute the word \u201cobservers\u201d.\nIn subsection (4) omit the words \u201cagent of a candidate\u201d and\nsubstitute the word \u201cobserver\u201d.\nsection 46 (Who are In subsection (2) omit the words \u201cagents aforesaid\u201d and substitute\n\nReferendum (People-initiated Referendum Regarding the Port) Bill,\n2019\nSCHEDULE 2\n\nc\nIntroduced\nPage 17\n\nProvision applied\nand subject matter\nModification\nto be admitted\nwithin polling\nstations)\nthe word \u201cobservers\u201d.\nsection 47 (General\nmode of taking\nballot)\nIn subsection (3) omit the words \u201cwithin the space to the right of\nthe name of the candidate or each candidate for whom\u201d and\nsubstitute the words \u201cin the space to the right of the answer for\nwhich\u201d.\nsection 48\n(Questions which\nmay be put to\nelector)\nIn subsection (1) omit the words \u201ca candidate or his agent\u201d and\nsubstitute the words \u201can observer\u201d.\nsection 49 (Mode of\ntaking\nballot\nin\nspecial cases)\nOmit subsection (2)(c) and substitute -\n\u201c(c) any objections made by an observer.\u201d.\nsection 55\n(Who may vote)\nIn subsection (2) omit the words \u201c, one of the candidates or an\nagent of a candidate\u201d and substitute the words \u201cor an observer\u201d.\nsection 56 (Who\nmay be present)\nOmit and substitute -\n\u201c56. The following persons shall be permitted to remain in the\npolling station during the time the poll remains open \u2014\n(a)\nthe presiding officer;\n(b) the poll clerk;\n(c)\nthe Supervisor;\n(d) the Deputy Supervisors;\n(e)\nthe returning officer of the electoral district;\n(f)\nthe observers;\n(g) the constables in uniform on duty; and\n(h) such field officers, logistics officers, emergency\npersonnel and other persons as may be authorised\nin writing by the Supervisor.\u201d.\nsection 57\n(Proceedings at the\nclose of the poll)\nIn subsection (2) omit the words \u201ccandidate or agent\u201d and\nsubstitute the word \u201cobservers\u201d.\nOmit subsection (3).\n\nSCHEDULE 2\nReferendum (People-initiated Referendum Regarding the Port) Bill,\n2019\n\nPage 18\nIntroduced\nc\n\nProvision applied\nand subject matter\nModification\nsection 58\n(The count)\nOmit subsections (1) and (2) and substitute -\n     \u201c (1) Immediately after the close of the poll, the presiding\nofficer shall  \u2014\n(a)\nseal the ballot box so as to prevent the introduction\nof additional ballot papers and shall turn over the\nbox in its sealed condition to the returning officer;\nand\n(b) seal up in separate packets all  \u2014\n(i)\nspoilt ballot papers in the possession of the\nreturning officer; and\n(ii) unused ballot papers in the possession of the\npresiding officer,\nand shall endorse on each packet a description of its\ncontents and the name of the electoral district and\ndeliver all the packets so endorsed to the returning\nofficer.\n(1A) Upon receipt of a sealed ballot box from a returning\nofficer under subsection (1), the Supervisor shall break\nthe seal thereon in the presence of observers and of any\nother persons who are lawfully in the counting station at\nthat time and place all the ballot papers therein\ncontained in the appropriate ballot box which shall be\nprovided, and in such box all the ballot papers removed\nfrom the ballot boxes for the electoral districts in the\nreferendum shall be placed and mixed together for the\npurpose of being counted.\n(2) When all the ballot boxes from all the polling stations\nhave been received by the Supervisor and dealt with in\naccordance with subsection (1A), and not before, the\nSupervisor shall, in the presence of such of the observers\nas are present, or, if no observers are present, two\nelectors  \u2014\n(a)\nrecord and count the number of votes (allowing the\nobservers or, in the absence of the observers, the\ntwo electors present, full opportunity to see such\nvotes but not the official number on the back of the\nballot paper) and a poll clerk and not less than two\nwitnesses shall be supplied with tally sheets upon\n\nReferendum (People-initiated Referendum Regarding the Port) Bill,\n2019\nSCHEDULE 2\n\nc\nIntroduced\nPage 19\n\nProvision applied\nand subject matter\nModification\nwhich they may keep their own scores as each vote\nis called out by the returning officer; and\n(b) reject all ballot papers \u2014\n(i)\nwhich have not been marked; or\n(ii) upon which there is any writing or mark by\nwhich the elector could be identified, but no\nballot paper shall be rejected on account of\nany writing, number or mark placed thereon\nby any presiding officer.\u201d.\nOmit subsections (7) to (13)  and substitute -\n\u201c(7) Where, in the course of counting the votes, the returning\nofficer discovers that the presiding officer has omitted to\naffix the presiding officer\u2019s initials to any ballot paper as\nprovided by section 47(1), the returning officer shall, in\nthe presence of the poll clerk and such of the observers\nas are present, affix the returning officer\u2019s 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 the returning officer is satisfied that\nthe ballot paper is one that has been supplied by the\npresiding officer, and also that every ballot paper\nsupplied to such presiding officer has been accounted for\nas provided under section 57(1)(f).\n(8) Where a vote is marked \u2014\n(a)\notherwise than in the proper place;\n(b) otherwise than with an X; or\n(c)\nby 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 awarded\nthe vote accordingly.\n(9) The returning officer shall keep a record, on the special\nform printed in the poll book, of every objection made\nby an observer or a voter present, to any ballot paper\nfound in a ballot box, and shall decide every question\narising out of the objection.\n(10)  Every objection under subsection (9) shall be numbered\nand a corresponding number shall be placed on the back\n\nSCHEDULE 2\nReferendum (People-initiated Referendum Regarding the Port) Bill,\n2019\n\nPage 20\nIntroduced\nc\n\nProvision applied\nand subject matter\nModification\nof the ballot paper and initialled by the returning officer.\n(11) The decision of the returning officer under subsection (9)\nshall be final, subject to reversal on petition under\nsection 85 questioning the return.\n(12) Every ballot paper not rejected by the returning officer\nshall be counted and a list shall be kept of\u2014\n(a)  the number of votes for the respective answers\nrelating to the referendum; and\n(b)  the number of rejected ballot papers.\n(13) The returning officer shall put into one packet the\nrejected ballot papers and put into another packet the\nremaining used ballot papers, and both packets shall be\nsealed by the returning officer and may be signed by\nsuch observers or witnesses present who desire to sign\nthe packets.\n(14) Where an observer is not satisfied with the accuracy of\nthe count of any segment of the count, the observer may,\non completion of the count of that segment, immediately\ndemand a recount which shall be carried out in the same\nmanner as the original count, but no observer may\ndemand such a recount more than once in respect of any\nsegment of the count.\u201d.\nsection 60\n(Influencing\nelectors to vote for\nany candidate)\nIn subsection (1) omit the words \u201cany elector to vote for any\ncandidate or to ascertain for what candidate any elector\u201d and\nsubstitute the words \u201chow any voter will vote or to ascertain the\nmanner in which any voter\u201d.\n\nsection 61 (Election\nreturn)\nOmit and substitute -\n\u201c61. (1) The Supervisor shall keep in safe custody \u2014\n(a)\nthe notice appointing a day for the holding of the\nreferendum, with the return showing the answer\ndeclared to be mandated in accordance with section\n58;\n(b) a report of the Supervisor\u2019s proceedings showing\nthe number of votes cast for the respective answers\nrelating to the referendum, and making such\n\nReferendum (People-initiated Referendum Regarding the Port) Bill,\n2019\nSCHEDULE 2\n\nc\nIntroduced\nPage 21\n\nProvision applied\nand subject matter\nModification\nobservation as the Supervisor  may think proper as\nto the state of the referendum papers as received\nfrom the presiding officer;\n(c)\ninformation relating to the number of persons to\nwhom, it appears from the counterfoils, ballot\npapers have been supplied in the electoral district;\n(d) the reserve supply of undistributed blank ballot\npapers;\n(e)\nthe poll book used at each polling station, a packet\ncontaining the counterfoils and unused ballot\npapers, a packet containing the used ballot papers\n(other than the rejected ballot papers), a packet\ncontaining the spoiled ballot papers, a packet\ncontaining the rejected ballot papers and a packet\ncontaining the official list of voters used at the\npolling stations, and the written appointments of\nthe observers; and\n(f)\nany other documents used for the referendum.\n(2) Where the result of the poll has been ascertained, the\nSupervisor shall forthwith publicly declare that result\nand shall subsequently by notice published in the\nGazette, publish the result.\u201d.\nsection 62 (Custody\nof election\ndocuments)\nIn subsections (1)(a), (3) and (5) omit the word \u201celection\u201d wherever\nit appears and substitute the word \u201creferendum\u201d.\nOmit subsection (2) and substitute -\n\u201c(2) Where proceedings have been brought questioning the\nnumber of ballot papers or votes cast in a referendum,\nthe Supervisor shall, on the order of the court, deliver to\nthe court the documents relating to the referendum.\u201d.\nOmit subsection (4) and substitute -\n\u201c(4) The referendum documents in the custody of the\nSupervisor shall not be inspected or produced except on\nthe order of a Judge of the Grand Court.\n(4A) An order under subsection (4) may be made by the\nJudge where the Judge is satisfied by evidence on oath\nthat the inspection or production of such referendum\n\nSCHEDULE 2\nReferendum (People-initiated Referendum Regarding the Port) Bill,\n2019\n\nPage 22\nIntroduced\nc\n\nProvision applied\nand subject matter\nModification\ndocuments is required for the purpose of instituting or\nmaintaining a prosecution for an offence in relation to a\nreferendum or for the purpose of proceedings which\nhave been brought questioning the number of ballot\npapers or votes cast in the referendum.\u201d.\nPART V    (Election\nExpenses)\nOmit.\nsection 74\n(Regulation of\npolitical broadcasts)\nOmit subsection (2) and substitute -\n\u201c(2) The provisions of this Part shall, with the necessary\nchanges being made, apply in respect of a referendum as\nthey apply to an election.\u201d.\nsection 81(2)\n(Regulation of\nStatistical\nInformation)\nOmit subsection (2) and substitute -\n\n\u201c(2) The provisions of this Part shall, with the necessary\nchanges being made, apply in respect of a referendum as\nthey apply to an election.\u201d.\nPART VIII\n(Election Petitions)\nOmit.\nsection 91\n(Intoxicating liquor\nnot to be sold or\ngiven)\nOmit\nsection 94\n(Loudspeakers,\nensigns, banners,\nadvertisements, etc.,\nprohibited on\npolling day)\nIn subsection (2) omit the words \u201ccandidate, or of the political or\nother opinions entertained or supposed to be entertained by such\ncandidate\u201d and substitute the words \u201cspecific result at the\nreferendum\u201d.\nIn subsection (3)(a) omit the words \u201cparticular candidate or group\nof candidates\u201d and substitute the words \u201cspecific result at the\nreferendum\u201d.\nIn subsection (3)(b) omit the words \u201ccandidate or group of\ncandidates\u201d and substitute the words \u201cperson, group or political\nparty\u201d.\nOmit subsection (4).\nsection 95\nIn subsection (1)(c) and (d) omit the words \u201cthe return of any\n\nReferendum (People-initiated Referendum Regarding the Port) Bill,\n2019\nSCHEDULE 2\n\nc\nIntroduced\nPage 23\n\nProvision applied\nand subject matter\nModification\n(Definition of\nbribery)\nperson as an elected member of the Assembly, or the vote of any\nelector at any election\u201d and substitute the words \u201ca specific result at\nthe referendum\u201d.\nOmit subsection (3)(a) and (c).\nsection 102  (Illegal\npractices and\npenalties)\nOmit subsection (1)(b).\nIn subsection (1)(c) omit the words \u201ccalled for the purpose of\npromoting the election of a candidate as a member to serve in the\nAssembly\u201d and substitute \u201ccalled in relation to the referendum\u201d.\nOmit subsection (1)(d) and substitute -\n\u201c(d) acting in a personal capacity or in the capacity of a director of\nany corporate body or association, before or during the\nreferendum for the purpose of affecting the results of the\nreferendum, makes or publishes any false statement of fact in\nrelation to the referendum,\u201d.\nForm 1 in Schedule\n2 (Poll Book)\nOmit the words \u201cObjections, if any, made on behalf of any\ncandidate\u201d and substitute the words \u201cObjections, if any, made by an\nobserver\u201d.\nForm\n21\nin\nSchedule 2\n(Oath of presiding\nofficer)\nOmit and substitute -\n\u201cFORM 21\n\n(section 36(2))\n\nOATH OF PRESIDING OFFICER\n\nI, ___________________________________ the undersigned,\nappointed\npresiding\nofficer\nfor\nthe\npolling\nstation\nat_______________________ in the _________________ electoral\ndistrict swear that I will act faithfully in my capacity as presiding\nofficer, according to law, without partiality, fear, favour or\naffection, and that I will keep secret the manner in which any of the\nvoters in the above-mentioned polling station marks that voter\u2019s\nballot in my presence at this referendum.\n\nSO HELP ME GOD.\n\n_________________________\n\nSCHEDULE 2\nReferendum (People-initiated Referendum Regarding the Port) Bill,\n2019\n\nPage 24\nIntroduced\nc\n\nProvision applied\nand subject matter\nModification\nPresiding Officer\n\nSworn before me at _____________ this _____day of\n____________, 20__.\u201d.\nForm\n23\nin\nSchedule 2\n(Oath of poll clerk)\nOmit and substitute -\n\u201cFORM 23\n\n(section 37(2))\n\nOATH OF POLL CLERK\n\nI, ___________________________________ the undersigned,\nappointed\npoll\nclerk\nfor\nthe\npolling\nstation\nat_______________________\nin\nthe\n__________________________ electoral district swear that I will\nact faithfully in my  capacity as poll clerk and also in my capacity\nas presiding officer if required to act as such, according to law,\nwithout partiality, fear, favour or affection and that I will keep\nsecret the manner in which any of the voters in the abovementioned polling station marks that voter\u2019s ballot in my presence\nat this referendum.\n\nSO HELP ME GOD.\n\n___________________\nPoll Clerk\n\nSworn before me at _____________ this _____day of\n____________, 20__.\u201d.\nForm 24 in\nSchedule 2\n(Direction for the\nguidance of\nelectors)\nOmit and substitute -\n\u201cFORM 24\n(section 39(2)(e))\n\n         DIRECTION FOR THE GUIDANCE OF VOTERS\n1.\nA voter must not vote at more than one polling station.\n2.\nA voter may vote for 1 answer only. If the voter votes for\nmore than 1 answer the ballot paper is void and none of the\n\nReferendum (People-initiated Referendum Regarding the Port) Bill,\n2019\nSCHEDULE 2\n\nc\nIntroduced\nPage 25\n\nProvision applied\nand subject matter\nModification\nvotes will be counted.\n3.\nA voter votes for an answer by placing an X to the right of the\nanswer\nYES\nNO\n4.\nIf a voter marks the ballot paper in any way that will identify\nthe voter the ballot paper will be rejected.\n5.\nAfter voting, a voter must fold the ballot paper along the line\nshown on the ballot paper and hand the folded ballot paper to\nthe presiding officer.\n6.\nThe presiding officer will, in the full view of those present\nincluding the voter, remove the counterfoil from the ballot\npaper and return the ballot paper to the voter who will deposit\nthe ballot paper in the ballot box; except that where the voter\nis unable from physical or other disability to deposit the ballot\npaper in the ballot box, the presiding officer will, on the\nvoter's behalf, deposit the ballot paper in the ballot box.\n7.\nIf a voter inadvertently spoils a ballot paper the voter can\nobtain another one by returning the spoilt one to the presiding\nofficer.\n8.\nA person given a ballot paper must not leave the polling\nstation with the ballot paper.\n9.\nAfter voting, a voter must leave the polling station.\u201d.\nForm 25A in\nSchedule 2\n(Oath of agent of a\ncandidate)\nOmit and substitute -\n\n\u201cFORM 25A\n(section 40(4))\n\nOATH OF OBSERVER\n\nI _____________________________ the undersigned, observer in\nthe\nreferendum\nheld\non\nthis\nday\nin\nthe\n___________________________ electoral district do swear that I\nwill keep secret the manner in which any voter at this polling\nstation marks that voter\u2019s ballot paper in my presence at this\nreferendum.\n\nSCHEDULE 2\nReferendum (People-initiated Referendum Regarding the Port) Bill,\n2019\n\nPage 26\nIntroduced\nc\n\nProvision applied\nand subject matter\nModification\nSO HELP ME GOD.\n\n________________________\n\n   Signature\n\nSworn before me at _______________________ this ____ day of\n_____________, 20__.\u201d\n\nForm 30 in\nSchedule 2\n(Oath that the\nelector is the person\nintended to be\nreferred to in the\nofficial list of\nelectors)\nOmit and substitute -\n\n\u201cFORM 30\n(section 55(1))\n\nOATH THAT THE VOTER IS THE PERSON INTENDED\nTO BE REFERRED TO IN THE OFFICIAL LIST OF\nVOTERS\n\nYou swear that you are qualified to vote at this referendum and you\nare not disqualified from voting at the referendum and that you\nverily believe that you are the person intended to be referred to by\nthe entry in the official List of Voters used at the polling station, of\nthe name ___________________________ whose occupation is\ngiven as ________________________________ and whose street\naddress is given as ____________________________________\n\nSO HELP YOU GOD\u201d.\n\nReferendum (People-initiated Referendum Regarding the Port) Bill,\n2019\nSCHEDULE 2\n\nc\nIntroduced\nPage 27\n\nPart 2\nApplication and Modification of Provisions of the Elections Rules (2017\nRevision)\nRule applied and subject\nmatter\nModification\nrule 3   (Application to be treated as\nabsent elector)\nIn the proviso to paragraph (1) omit the words \u201c,\nnot being a candidate for election or the agent of\nsuch a candidate\u201d.\nOmit paragraph (6).\nrule 8 (Form of declaration of\nidentity)\nOmit paragraphs (2) and (3).\nrule 9 (Persons entitled to be present\nat the issue and receipt of postal\nballot papers)\nOmit and substitute -\n\u201c9. No person other than \u2014\n(a)\nthe Supervisor;\n(b) the Deputy Supervisors;\n(c)\na returning officer;\n(d)  a deputy returning officer;\n(e)\na returning officer\u2019s clerk; and\n(f)\nthe observers,\n\nmay be present at the proceedings on the\nissue or receipt of postal ballot papers.\u201d.\nrule 11 (Notice of issue of postal\nballot papers)\nOmit.\nrule 15 (Delivery of postal ballot\npaper to post office)\nIn paragraph (1) insert after the words \u201cService\u201d\nthe following words -\n\u201cor such other mail delivery or trackable courier\nservice as may be determined by the Supervisor\u201d.\n\nSCHEDULE 2\nReferendum (People-initiated Referendum Regarding the Port) Bill,\n2019\n\nPage 28\nIntroduced\nc\n\nRule applied and subject\nmatter\nModification\nrule 25 (Ballot paper for byelection)\nOmit.\n\nPassed by the Legislative Assembly the\nday of\n\n, 2019.\n\nSpeaker\n\nClerk of the Legislative Assembly","akn_extracted_at":"2026-06-22 15:41:33.386157+00","cms_id":"2019-0026","law_type":"bill","year":"2019","number":"26","title":"Freedom of Information (Amendment) Law, 2019","status":"bill"},"provenance":{"files":[{"file_id":"6996","expr_id":"2197","kind":"akn_xml","filename":"2019-0026.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2019\/2019-0026\/2019-0026.akn.xml","content_md5":"4fcdd1871d8954cfd6be08b71b25d6c4","byte_size":"44321","http_last_modified":null,"fetched_at":"2026-06-22 15:41:33.653879+00"},{"file_id":"4393","expr_id":"2197","kind":"pristine_pdf","filename":"2019-0026.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2019\/2019-0026\/2019-0026.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/BILLS\/2019\/2019-0026\/2019-0026.pdf","content_md5":"697932e6c16010525e4351cfe8537c29","byte_size":"568175","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.283342+00"},{"file_id":"4394","expr_id":"2197","kind":"working_pdf","filename":"2019-0026.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2019\/2019-0026\/2019-0026.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2019\/2019-0026\/2019-0026.pdf","content_md5":"697932e6c16010525e4351cfe8537c29","byte_size":"568175","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.283342+00"}],"paragraph_count":6,"latest_history":null},"quality":{"expr_id":"2197","doc_id":"2197","quality_state":"known_issue","quality_score":"51","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise,title_mismatch}","llm_categories":"{}","repair_actions":"{collapse_duplicate_text,strip_page_furniture,verify_title_metadata}","finding_severity_counts":"{\"high\": 1, \"medium\": 2}","finding_summary":"stored title is not visible in the opening extracted text; repeated line furniture detected: cayman islands x3; referendum people initiated x3; referendum people initiated referendum regarding t x25","assessed_at":"2026-06-22 15:29:46.397207+00","updated_at":"2026-06-22 15:29:46.397207+00"}}