{"kind":"expression","expression":{"expr_id":"313","doc_id":"313","label":"Act 1 of 2009","is_as_enacted":"t","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/act\/2009\/1\/eng@2009-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/2009\/1\", \"expression\": \"\/akn\/ky\/act\/2009\/1\/eng@2009-01-01\", \"manifestation\": \"\/akn\/ky\/act\/2009\/1\/eng@2009-01-01.pdf\"}, \"pdf\": {\"md5\": \"cd9e94a662af9c3dd8e428233696c4ea\", \"path\": \"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2009\/2009-0001\/2009-0001_Act 1 of 2009.pdf\", \"pages\": 20, \"filename\": \"2009-0001_Act 1 of 2009.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 4490, \"paragraph_count\": 11, \"text_char_count\": 27788}, \"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\": {\"body\": [{\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Interpretation\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Holding of referendum\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Referendum question\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Entitlement to vote\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Conduct of referendum\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Observers\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Legal challenge\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Application of Elections Law (2004 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Expenses of referendum\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Regulations Schedule 1 - Form of Ballot Paper Schedule 2 \u2013 Part 1: Application and Modification of Provisions of the Elections Law (2004 Revision); Part 2: Application and Modification of Provisions of the Elections Rules (2004 Revision) The Referendum (Constitutional Modernisation) Law, 2009 Law 1 of 2009. I Assent Stuart Jack Governor. 16th March, 2009 A LAW TO MAKE PROVISION FOR THE HOLDING OF A REFERENDUM ON THE PROPOSALS TO MODERNISE THE CONSTITUTION OF THE CAYMAN ISLANDS; AND TO MAKE PROVISION FOR INCIDENTAL AND CONNECTED MATTERS WHEREAS section 29(2) of the Constitution of the Cayman Islands provides that a law may make provision for the holding of a referendum amongst persons qualified as electors in elections to the Legislative Assembly on a question declared by resolution, adopted by a majority of the elected members of the Legislative Assembly, to be a matter of national importance and specified in such law; AND WHEREAS a resolution has been adopted by a majority of the elected members of the Legislative Assembly, declaring the question specified in section 4(1) of this Law to be a matter of national importance: NOW, THEREFORE, it is DECLARED that the question specified in section 4(1) of this Law is a matter of national importance and ENACTED by the Legislature of the Cayman Islands. 1. This Law may be cited as the Referendum (Constitutional Modernisation) Law, 2009. Short title Interpretation 2. (1) In this Law - The Referendum (Constitutional Modernisation) Law, 2009 \u201cElections Law\u201d means the Elections Law (2004 Revision) and includes the Elections Rules (2004 Revision); (2004 Revision) \u201celector\u201d means a person who votes or is entitled to vote in 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 section 1 of the Constitution of the Cayman Islands, and, to the extent to which a Deputy appointed under section 4 of the Constitution of the Cayman Islands is authorised to act, that Deputy; \u201cGovernor in Cabinet\u201d means the Governor acting in accordance with the advice of the Cabinet of the Islands; \u201cobserver\u201d means a person appointed in accordance with section 7; \u201cpolling station\u201d means the place appointed by notice for the holding of the referendum in an electoral district; and \u201creferendum\\\"\u201d means the referendum to be held under this Law. (2) For the purposes of this Law, the expressions \u201cDeputy Supervisor\u201d, \u201celection\u201d, \u201celectoral district\u201d, \u201cpresiding officer\u201d, \u201creturning officer\u201d and \u201cSupervisor\u201d have the same meanings, respectively, as in the Elections Law. 3. (1) A referendum shall be held about whether electors approve the Draft Constitution which was agreed by the Cayman Islands Constitution Delegation and the Government of the United Kingdom on 5th February, 2009 and tabled in the Legislative Assembly of the Cayman Islands on 11th February, 2009. Holding of referendum (2) The Governor in Cabinet shall by notice, published in the Gazette, appoint a day for the holding of the referendum, being a day not earlier than the thirtieth day next following the date on which that notice is first so published. 4. (1) The question to be asked in the referendum is: Referendum question \u201cDo you approve the Draft Constitution which was agreed by the Cayman Islands Constitution Delegation and the Government of the United Kingdom on 5th February, 2009 and tabled in the Legislative Assembly of the Cayman Islands on 11th February, 2009?\u201d. (2) The ballot paper to be used for the purpose of the referendum shall be in the form set out in Schedule 1. Schedule 1 The Referendum (Constitutional Modernisation) Law, 2009 (3) The question specified in subsection (1) will not have been answered in favour of Constitutional Modernisation unless more than fifty per centum of persons voting in the referendum vote in the referendum in favour of the question. 5. The persons entitled to vote in the referendum are those who, on the day of the holding of the referendum, would be entitled to vote as electors at an election in an electoral district. Entitlement to vote 6. (1) The functions which, in relation to an election, are conferred on the Supervisor or a Deputy Supervisor by any provision of the Elections Law shall, in relation to the referendum, be discharged by those officers respectively. Conduct of referendum (2) The Supervisor shall, in addition to the functions conferred upon him by subsection (1), be responsible 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. (3) The Governor shall in writing appoint such persons as may be necessary - (a) as returning officers for the purpose of conducting the referendum in an electoral district; (b) to assist the Supervisor in conducting the count of votes cast in the referendum. (4) Subject to subsection (5), the functions which in relation to an election are conferred respectively on returning officers, presiding officers, poll clerks, field officers and logistics officers by any provision of the Elections Law shall, in relation to the referendum, be discharged by those officers respectively. (5) The returning officers shall assist the Supervisor in conducting the count of votes cast in the referendum, and certifying the total of the ballot papers and the respective answers relating to the referendum. 7. 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. Observers Legal challenge 8. (1) No court shall entertain any proceedings for questioning the number of ballot papers or votes cast in the referendum as certified by the Supervisor unless the proceedings are brought in accordance with this section. The Referendum (Constitutional Modernisation) Law, 2009 (2) The proceedings shall be brought by a claim for judicial review, filed in the Grand Court before the end of the permitted period. (3) In subsection (2), the \u201cpermitted period\u201d means the period of six weeks starting with - (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. 9. (1) For the purposes of the referendum, the votes of the persons voting shall be cast, and the proceedings shall be conducted, so far as may be as if the referendum were an election of members to the Legislative Assembly; and the Elections Law 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. Application of Elections Law (2004 Revision) (2) Without prejudice to subsection (1), the provisions of the Elections Law (2004 Revision) and the Election Rules (2004 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. (2004 Revision) Schedule 2 (3) Unless the contrary intention appears, in this Law and in the provisions applied by this Law - (a) any reference to an election or poll shall be construed as a reference to the referendum; (b) any reference to an electoral district shall be construed as a reference to the area for which the relevant returning officer acts; (c) any reference to polling day shall be construed as a reference to the day fixed for holding the referendum; and (d) any 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 Governor in Cabinet may by order amend Schedule 2. Schedule 2 Expenses of referendum 10. All expenses properly incurred by, and all remuneration and travelling allowances payable to, officers under this Law shall be defrayed out of the general revenue of the Islands. 11. The Governor in Cabinet may by regulations - Regulations The Referendum (Constitutional Modernisation) Law, 2009 (a) make such provision as to the conduct of the referendum as may appear to him to be necessary or expedient; and (b) make such other provision, in relation to any other matter, as may appear to him to be necessary or expedient for the purpose of giving due effect to this Law. SCHEDULE 1 (Section 4(2)) FORM OF BALLOT PAPER BALLOT PAPER NO. _____________ REFERENDUM____________ Consecutive number given elector in poll book____________________________ (Counterfoil) BALLOT PAPER Polling day_______________________________________________________ No.__________   _____________________________Initial of presiding officer The Referendum Question is: \u201cDo you approve the Draft Constitution which was agreed by the Cayman Islands Constitution Delegation and the Government of the United Kingdom on 5th February, 2009 and tabled in the Legislative Assembly of the Cayman Islands on 11th February, 2009?\u201d. _________________________________________________________________ YES NO The Referendum (Constitutional Modernisation) Law, 2009 SCHEDULE 2 (Section 9(2)) PART 1 APPLICATION AND MODIFICATION OF PROVISIONS OF THE ELECTIONS LAW (2004 REVISION) Provision applied and subject matter Modification (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 referendum under section 3(2) of the Referendum (Constitutional Modernisation) Law, 2009, 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 some convenient building or part of a building 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 - (a) establish one counting station for counting the votes cast in the referendum; and The Referendum (Constitutional Modernisation) Law, 2009 (b) give notice of the holding of the referendum, specifying in the notice - (i) the day and time for the holding of the referendum; (ii) the locations of the polling stations in an electoral district; and (iii) the location of the counting station. (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. (When deposit forfeited or returned) Omit. (Contested elections, publication of date and place, etc.) Omit. (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 \u201ccandidate in or about the election\u201d and substitute the words \u201cpolitical party in or about the referendum\u201d. The Referendum (Constitutional Modernisation) Law, 2009 (Polling and counting agent) Omit and substitute - \u201c40. An observer, on being admitted to a polling station, shall take an oath in Form 25 to keep secret the manner in which any of the electors has marked his ballot paper in his presence.\u201d. (Taking of poll and the ballot) Omit subsection (2) and substitute - \u201c (2) The ballot of each elector shall be a printed paper in the form set out in Schedule 1 to the Referendum (Constitutional Modernisation) Law, 2009 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. (Who are to be admitted within polling stations) In subsection (2) omit the words \u201cagents aforesaid\u201d and substitute the words \u201cobservers\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 box to the left of each 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. (Mode of taking Omit subsection (2)(a) to (c) and substitute \u2013 The Referendum (Constitutional Modernisation) Law, 2009 ballot in special cases) \u201c(a) the name of such elector; and (b) a note of his having voted on a second ballot paper issued under the same name.\u201d. (Who may be present) Omit and substitute \u2013 \u201c54. The following persons shall be permitted to remain in the polling station during the time the poll remains open - (a) the presiding officer; (b) the poll clerk; (c) the Supervisor; (d) the Deputy Supervisors of Elections; (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). (The count) Omit subsections (1) and (2) and substitute \u2013 \u201c (1) Immediately after the close of the poll, the presiding officer shall - (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 - (i) spoilt ballot papers in his possession; and (ii) unused ballot papers in his possession, and shall endorse on each packet a description of its contents and the name of the electoral district and deliver The Referendum (Constitutional Modernisation) Law, 2009 all the aforesaid 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 - (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 which they may keep their own scores as each vote is called out by the 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. In subsection (7) omit the words \u201ccandidates or their counting agents\u201d and substitute the words \u201cobservers\u201d. The Referendum (Constitutional Modernisation) Law, 2009 In subsection (9) omit the words \u201ccandidate or his counting agent\u201d and substitute the word \u201cobserver\u201d. In subsection (10) omit the words \u201cgiven to each candidate\u201d and substitute the words \u201cfor the respective answers relating to the referendum\u201d. Omit subsection (11) and substitute - \u201c (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. Omit subsections (12) and (13). (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\u201d and substitute the words \u201chow any elector will vote or to ascertain the manner in which\u201d. (Election return) Omit the section and substitute - \u201c59. (1) The Supervisor shall keep in safe custody - (a) the notice appointing a day for the holding of the referendum, with his return showing the answer declared to be mandated in accordance with section 56; (b) a report of his proceedings showing the number of votes cast for the respective answers relating to the referendum, and making such observation as he 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; The Referendum (Constitutional Modernisation) Law, 2009 (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 electors used at the polling stations, and the written appointments of the observers; and (f) all other documents used for the referendum. (2) When 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. (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) If 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) No such referendum documents in the custody of the Supervisor shall be inspected or produced except on the order of a Judge of the Grand Court; and an order under this subsection may be made by the Judge upon his being satisfied by evidence on oath that the inspection or production of such referendum 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 Omit. The Referendum (Constitutional Modernisation) Law, 2009 (Election Expenses) (Regulation of political broadcasts) Omit subsection (2) and substitute \u2013 \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 VII (Publication of Statistical Information) Omit. PART VIII (Election Petitions) 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). (Definition of bribery) In subsection (1)(c) and (d) omit the words \u201cthe return of any 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). (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. The Referendum (Constitutional Modernisation) Law, 2009 Omit subsection (1)(d) and substitute \u2013 \u201c(d) himself or as a director of any body or association corporate, 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 21 in the Second Schedule (Oath of presiding officer) Omit and substitute \u2013 \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 said capacity of presiding officer, according to law, without partiality, fear, favour or affection, and that I will keep secret the manner in which any of the electors in the above-mentioned polling station marks his ballot in my presence at this referendum. SO HELP ME GOD. _________________________ Presiding Officer Sworn before me at _____________ this _____day of ____________, 2009.\u201d. Form 23 in the Second Schedule (Oath of poll clerk) Omit and substitute \u2013 \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 The Referendum (Constitutional Modernisation) Law, 2009 that I will act faithfully in my said capacity of poll clerk and also in that of 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 electors in the above-mentioned polling station marks his ballot in my presence at this referendum. SO HELP ME GOD. ___________________ Poll Clerk Sworn before me at _____________ this _____day of ____________,2009.\u201d. Form 24 in the Second Schedule (Direction for the guidance of electors) Omit and substitute \u2013 \u201cFORM 24 Section 39(2)(e) DIRECTION FOR THE GUIDANCE OF ELECTORS 1. An elector must not vote at more than one polling station. 2. An elector may vote for 1 answer only. If the elector votes for more than 1 answer the ballot paper is void and none of the votes will be counted. 3. An elector votes for an answer by placing an X to the right of the answer, thus YES                                   X NO 4. If an elector marks the ballot paper in any way that will identify the elector the ballot paper will be rejected. 5. After voting, an elector 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 elector, remove the counterfoil from the ballot paper and return the ballot paper to the elector The Referendum (Constitutional Modernisation) Law, 2009 who will deposit the ballot paper in the ballot box; except that where the elector is unable from physical or other disability to deposit the ballot paper in the ballot box, the presiding officer will, on the elector\u2019s behalf, deposit the ballot paper in the ballot box. 7. If an elector inadvertently spoils a ballot paper he or she can obtain another one by returning the spoilt one to the presiding officer. 8. A person given a ballot paper must not take it from the polling station. 9. After voting an elector must leave the polling station.\u201d. Form 25 in the Second Schedule (Oath of agent of a candidate) Omit and substitute \u2013 \u201cFORM 25 OATH OF AN 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 elector at this polling station marks his ballot paper in my presence at this referendum. SO HELP ME GOD. ________________________ Signature Sworn before me at _______________________ this ____ day of _____________ 2009.\u201d. The Referendum (Constitutional Modernisation) Law, 2009 Form 30 in the Second Schedule (Oath that the elector is the person intended to be referred to in the official list of electors) Omit and substitute \u2013 \u201cFORM 30 Section 53(1) OATH THAT THE ELECTOR IS THE PERSON INTENDED TO BE REFERRED TO IN THE OFFICIAL LIST OF ELECTORS You swear that you are qualified to vote at this referendum and you are not disqualified from voting thereat and that you verily believe that you are the person intended to be referred to by the entry in the official List of Electors 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. PART 2 APPLICATION AND MODIFICATION OF PROVISIONS OF THE ELECTIONS RULES (2004 REVISION) 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). The Referendum (Constitutional Modernisation) Law, 2009 rule 9 (Persons entitled to be present at the issue and receipt of postal ballot papers) Omit and substitute \u2013 \u201c9. No person other than the returning officer, his clerk and 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 25 (Ballot paper for by-election) Omit. Passed by the Legislative Assembly the 23rd day of February, 2009. EDNA MOYLE Speaker. WENDY LAUER Clerk of the Legislative Assembly.\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2009_01_01\", \"date\": \"2009-01-01\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2009_01_01\", \"timeInterval\": [{\"end\": null, \"start\": \"#e_commence_2009_01_01\", \"duration\": null, \"refersTo\": \"#inForce\"}]}]}, \"classification\": null, \"identification\": {\"source\": \"#cilegis\", \"FRBRWork\": {\"FRBRuri\": \"\/akn\/ky\/act\/2009\/1\", \"FRBRdate\": [{\"date\": \"2009-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/2009\/1\/!main\", \"FRBRalias\": [{\"name\": \"cmsId\", \"value\": \"2009-0001\"}], \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRnumber\": \"1 of 2009\", \"FRBRcountry\": \"ky\", \"FRBRsubtype\": \"principal\"}, \"FRBRExpression\": {\"FRBRuri\": \"\/akn\/ky\/act\/2009\/1\/eng@2009-01-01\", \"FRBRdate\": [{\"date\": \"2009-01-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/2009\/1\/eng@2009-01-01\/!main\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRlanguage\": \"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/act\/2009\/1\/eng@2009-01-01.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/2009\/1\/eng@2009-01-01.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"Referendum (Constitutional Modernisation) Act\", \"actNumber\": \"1 of 2009\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nSupplement No. 1 published with Extraordinary\nGazette No. 16 dated 19 March, 2009.\n\nTHE REFERENDUM (CONSTITUTIONAL MODERNISATION) LAW,\n2009\n\n(LAW 1 OF 2009)\n\nThe Referendum (Constitutional Modernisation) Law, 2009\n\nTHE REFERENDUM (CONSTITUTIONAL MODERNISATION) LAW,\n2009\n\nARRANGEMENT OF SECTIONS\n\n1.\nShort title\n2.\nInterpretation\n3.\nHolding of referendum\n4.\nReferendum question\n5.\nEntitlement to vote\n6.\nConduct of referendum\n7.\nObservers\n8.\nLegal challenge\n9.\nApplication of Elections Law (2004 Revision)\n10. Expenses of referendum\n11. Regulations\nSchedule 1 - Form of Ballot Paper\nSchedule 2 \u2013 Part 1: Application and Modification of Provisions of the\nElections Law (2004 Revision); Part 2: Application and Modification\nof Provisions of the Elections Rules (2004 Revision)\n\n2\n\nThe Referendum (Constitutional Modernisation) Law, 2009\nCAYMAN ISLANDS\nLaw 1 of 2009.\n\nI Assent\n\nStuart Jack\n\nGovernor.\n\n16th March, 2009\n\nA LAW TO MAKE PROVISION FOR THE HOLDING OF A\nREFERENDUM ON THE PROPOSALS TO MODERNISE THE\nCONSTITUTION OF THE CAYMAN ISLANDS; AND TO MAKE\nPROVISION FOR INCIDENTAL AND CONNECTED MATTERS\n\nWHEREAS section 29(2) of the Constitution of the Cayman Islands provides that\na law may make provision for the holding of a referendum amongst persons\nqualified as electors in elections to the Legislative Assembly on a question\ndeclared by resolution, adopted by a majority of the elected members of the\nLegislative Assembly, to be a matter of national importance and specified in such\nlaw;\nAND WHEREAS a resolution has been adopted by a majority of the elected\nmembers of the Legislative Assembly, declaring the question specified in section\n4(1) of this Law to be a matter of national importance:\nNOW, THEREFORE, it is DECLARED that the question specified in section\n4(1) of this Law is a matter of national importance and ENACTED by the\nLegislature of the Cayman Islands.\n1.\nThis Law may be cited as the Referendum (Constitutional Modernisation)\nLaw, 2009.\nShort title\nInterpretation\n2.\n(1) In this Law -\n\n3\n\nThe Referendum (Constitutional Modernisation) Law, 2009\n\u201cElections Law\u201d means the Elections Law (2004 Revision) and includes\nthe Elections Rules (2004 Revision);\n\n(2004 Revision)\n\u201celector\u201d means a person who votes or is entitled to vote in the referendum;\n\u201cGovernor\u201d means the person for the time being holding the office of Governor\nof the Islands, and includes any person for the time being lawfully performing the\nfunctions of that office under section 1 of the Constitution of the Cayman Islands,\nand, to the extent to which a Deputy appointed under section 4 of the Constitution\nof the Cayman Islands is authorised to act, that Deputy;\n\u201cGovernor in Cabinet\u201d means the Governor acting in accordance with the advice\nof the Cabinet of the Islands;\n\u201cobserver\u201d means a person appointed in accordance with section 7;\n\u201cpolling station\u201d means the place appointed by notice for the holding of the\nreferendum in an electoral district; and\n\u201creferendum\"\u201d means the referendum to be held under this Law.\n(2) For the purposes of this Law, the expressions \u201cDeputy Supervisor\u201d,\n\u201celection\u201d, \u201celectoral district\u201d, \u201cpresiding officer\u201d, \u201creturning officer\u201d and\n\u201cSupervisor\u201d have the same meanings, respectively, as in the Elections Law.\n3.\n(1) A referendum shall be held about whether electors approve the Draft\nConstitution which was agreed by the Cayman Islands Constitution Delegation\nand the Government of the United Kingdom on 5th February, 2009 and tabled in\nthe Legislative Assembly of the Cayman Islands on 11th February, 2009.\nHolding of referendum\n(2) The Governor in Cabinet shall by notice, published in the\nGazette, appoint a day for the holding of the referendum, being a day not\nearlier than the thirtieth day next following the date on which that notice\nis first so published.\n4.\n(1) The question to be asked in the referendum is:\nReferendum question\n\u201cDo you approve the Draft Constitution which was agreed by the\nCayman Islands Constitution Delegation and the Government of the\nUnited Kingdom on 5th February, 2009 and tabled in the Legislative\nAssembly of the Cayman Islands on 11th February, 2009?\u201d.\n(2) The ballot paper to be used for the purpose of the referendum\nshall be in the form set out in Schedule 1.\n\nSchedule 1\n\n4\n\nThe Referendum (Constitutional Modernisation) Law, 2009\n(3) The question specified in subsection (1) will not have been\nanswered in favour of Constitutional Modernisation unless more than fifty\nper centum of persons voting in the referendum vote in the referendum in\nfavour of the question.\n5.\nThe persons entitled to vote in the referendum are those who, on the day of\nthe holding of the referendum, would be entitled to vote as electors at an election\nin an electoral district.\nEntitlement to vote\n6.\n(1) The functions which, in relation to an election, are conferred on\nthe Supervisor or a Deputy Supervisor by any provision of the Elections\nLaw shall, in relation to the referendum, be discharged by those officers\nrespectively.\nConduct of referendum\n(2) The Supervisor shall, in addition to the functions conferred upon\nhim by subsection (1), be responsible for conducting the count of votes\ncast in the referendum and for certifying the total of the ballot papers and\nthe respective answers relating to the referendum.\n(3) The Governor shall in writing appoint such persons as may be\nnecessary -\n(a) as returning officers for the purpose of conducting the\nreferendum in an electoral district;\n(b) to assist the Supervisor in conducting the count of votes cast\nin the referendum.\n(4) Subject to subsection (5), the functions which in relation to an election\nare conferred respectively on returning officers, presiding officers, poll clerks,\nfield officers and logistics officers by any provision of the Elections Law shall,\nin relation to the referendum, be discharged by those officers respectively.\n(5) The returning officers shall assist the Supervisor in conducting the\ncount of votes cast in the referendum, and certifying the total of the ballot\npapers and the respective answers relating to the referendum.\n7.\nThe Governor may, by instrument in writing, appoint persons to\nobserve the conduct of the referendum, the verification of the ballot paper\naccounts and the counting of the votes.\nObservers\nLegal challenge\n8.\n(1) No court shall entertain any proceedings for questioning the number of\nballot papers or votes cast in the referendum as certified by the Supervisor unless\nthe proceedings are brought in accordance with this section.\n\n5\n\nThe Referendum (Constitutional Modernisation) Law, 2009\n(2) The proceedings shall be brought by a claim for judicial review, filed\nin the Grand Court before the end of the permitted period.\n(3) In subsection (2), the \u201cpermitted period\u201d means the period of six weeks\nstarting with -\n(a) the date on which a certificate as to the matters mentioned in\nsubsection (1) is given by the Supervisor; or\n(b) if there is more than one such certificate, the date on which the\nlast such certificate is given.\n9.\n(1) For the purposes of the referendum, the votes of the persons voting\nshall be cast, and the proceedings shall be conducted, so far as may be as if the\nreferendum were an election of members to the Legislative Assembly; and the\nElections Law and any rules in force under that Law shall for those purposes be\nconstrued accordingly, but any reference to a candidate, nomination, agent,\nelection agent, polling agent or counting agent shall, unless the context\notherwise requires, be disregarded.\nApplication of Elections\nLaw (2004 Revision)\n(2) Without prejudice to subsection (1), the provisions of the Elections\nLaw (2004 Revision) and the Election Rules (2004 Revision) specified in\ncolumn 1 of Schedule 2 shall apply in connection with the referendum,\nsubject to the modifications or exceptions specified in relation to those\nprovisions in column 2 of that Schedule.\n\n(2004 Revision)\nSchedule 2\n(3) Unless the contrary intention appears, in this Law and in the\nprovisions applied by this Law -\n(a) any reference to an election or poll shall be construed as a\nreference to the referendum;\n(b) any reference to an electoral district shall be construed as a\nreference to the area for which the relevant returning officer acts;\n(c) any reference to polling day shall be construed as a reference to\nthe day fixed for holding the referendum; and\n(d) any reference to a ballot paper shall be construed as a reference to\nthe ballot paper to be used for the purpose of the\nreferendum.\n(4) The Governor in Cabinet may by order amend Schedule 2.\nSchedule 2\nExpenses of referendum\n10. All expenses properly incurred by, and all remuneration and travelling\nallowances payable to, officers under this Law shall be defrayed out of the\ngeneral revenue of the Islands.\n11. The Governor in Cabinet may by regulations -\nRegulations\n\n6\n\nThe Referendum (Constitutional Modernisation) Law, 2009\n(a) make such provision as to the conduct of the referendum as may\nappear to him to be necessary or expedient; and\n(b) make such other provision, in relation to any other matter, as may\nappear to him to be necessary or expedient for the purpose of\ngiving due effect to this Law.\nSCHEDULE 1\n(Section 4(2))\nFORM OF BALLOT PAPER\n\nBALLOT PAPER\nNO. _____________\n\nREFERENDUM____________\n\nConsecutive number given elector in poll book____________________________\n\n(Counterfoil)\n\nBALLOT PAPER\n\nPolling day_______________________________________________________\nNo.__________   _____________________________Initial of presiding officer\n\nThe Referendum Question is:\n\n\u201cDo you approve the Draft Constitution which was agreed by the Cayman Islands\nConstitution Delegation and the Government of the United Kingdom on 5th\nFebruary, 2009 and tabled in the Legislative Assembly of the Cayman Islands on\n11th February, 2009?\u201d.\n_________________________________________________________________\nYES\nNO\n\n7\n\nThe Referendum (Constitutional Modernisation) Law, 2009\nSCHEDULE 2\n(Section 9(2))\nPART 1\nAPPLICATION AND MODIFICATION OF PROVISIONS OF THE\nELECTIONS LAW (2004 REVISION)\n\nProvision applied\nand subject\nmatter\nModification\n\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 referendum\nunder section 3(2) of the Referendum (Constitutional\nModernisation) Law, 2009, the Supervisor shall by\nnotice published in the Gazette appoint the polling\nstations for the holding of the referendum in an\nelectoral district.\n(2) The places appointed for the holding of a\nreferendum in an electoral district shall each be some\nconvenient building or part of a building within, or in\nthe opinion of the Supervisor conveniently near, the\nboundary of the electoral district concerned, not being\na building licensed for the sale of intoxicating\nliquor.\u201d.\nsection 29\n(Nominations)\nOmit and substitute -\n\u201c29. (1) The Supervisor shall -\n(a) establish one counting station for counting\nthe votes cast in the referendum; and\n\n8\n\nThe Referendum (Constitutional Modernisation) Law, 2009\n(b) give notice of the holding of the\nreferendum, specifying in the notice -\n(i)\nthe day and time for the holding of\nthe referendum;\n(ii) the\nlocations\nof\nthe\npolling\nstations in an electoral district; and\n(iii) the location of the counting station.\n(2) A notice under subsection (1)(b) shall be\npublished in the Gazette and in at least one\nnewspaper circulating in the Islands.\u201d.\nsection 30\n(Offences in\nrespect of\nnomination papers)\nOmit.\nsection 31\n(Withdrawal or\ndeath of candidate)\nOmit.\nsection 32\n(Deposits)\nOmit.\nsection 33\n(When deposit\nforfeited or\nreturned)\nOmit.\nsection 34\n(Contested\nelections,\npublication of date\nand place, etc.)\nOmit.\nsection 35\n(Polling stations)\nIn subsection (1) omit the words \u201csection 34(2) for the\ntaking of the poll\u201d and substitute the words \u201csection\n29(1)(b)(i) for the holding of the referendum\u201d.\nsection 36\n(Presiding officers)\nIn subsection (1) omit the words \u201ccandidate in or about the\nelection\u201d and substitute the words \u201cpolitical party in or\nabout the referendum\u201d.\n\n9\n\nThe Referendum (Constitutional Modernisation) Law, 2009\nsection 40\n(Polling and\ncounting agent)\nOmit and substitute -\n\u201c40. An observer, on being admitted to a polling station,\nshall take an oath in Form 25 to keep secret the manner in\nwhich any of the electors has marked his ballot paper in his\npresence.\u201d.\nsection 41\n(Taking of poll and\nthe ballot)\nOmit subsection (2) and substitute -\n\u201c\n(2) The ballot of each elector shall be a printed\npaper in the form set out in Schedule 1 to the Referendum\n(Constitutional Modernisation) Law, 2009 and each ballot\npaper shall have a serial number printed on the back and\nshall have attached to it a counterfoil with the same serial\nnumber printed on the face and there shall be a line of\nperforations between the ballot paper and 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\nand substitute the word \u201cobservers\u201d.\nIn subsection (4) omit the words \u201cagent of a candidate\u201d and\nsubstitute the word \u201cobserver\u201d.\nsection 46\n(Who are to be\nadmitted within\npolling stations)\nIn subsection (2) omit the words \u201cagents aforesaid\u201d and\nsubstitute the words \u201cobservers\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 box to the left of\neach answer for which\u201d.\nsection 48\n(Questions which\nmay be put to\nelector)\nIn subsection (1) omit the words \u201ca candidate or his agent\u201d\nand substitute the words \u201can observer\u201d.\nsection 49\n(Mode of taking\nOmit subsection (2)(a) to (c) and substitute \u2013\n\n10\n\nThe Referendum (Constitutional Modernisation) Law, 2009\nballot in special\ncases)\n\u201c(a) the name of such elector; and\n  (b) a note of his having voted on a second ballot\npaper issued under the same name.\u201d.\nsection 54\n(Who may be\npresent)\nOmit and substitute \u2013\n\u201c54. The following persons shall be permitted to remain in\nthe polling station during the time the poll remains open -\n(a) the presiding officer;\n(b) the poll clerk;\n(c) the Supervisor;\n(d) the Deputy Supervisors of Elections;\n(e) the returning officer of the electoral\ndistrict;\n(f)\nthe observers;\n(g) the constables in uniform on duty ; and\n(h) such field officers, logistics officers,\nemergency personnel and other persons as\nmay be authorised in writing by the\nSupervisor.\u201d.\nsection 55\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).\nsection 56\n(The count)\nOmit subsections (1) and (2) and substitute \u2013\n\u201c\n(1) Immediately after the close of the poll, the\npresiding officer shall -\n(a) seal the ballot box so as to prevent the\nintroduction\nof\nadditional\nballot\npapers and shall turn over the box in\nits sealed condition to the returning\nofficer; and\n(b) seal up in separate packets all -\n(i) spoilt\nballot\npapers\nin\nhis\npossession; and\n(ii) unused ballot papers in his\npossession,\nand shall endorse on each packet a\ndescription of its contents and the\nname of the electoral district and deliver\n\n11\n\nThe Referendum (Constitutional Modernisation) Law, 2009\nall the aforesaid packets so endorsed\nto the returning officer.\n(1a) Upon receipt of a sealed ballot box from a\nreturning\nofficer\nunder\nsubsection\n(1),\nthe\nSupervisor shall break the seal thereon in the\npresence of observers and of any other persons who\nare lawfully in the counting station at that time and\nplace all the ballot papers therein contained in the\nappropriate ballot box which shall be provided, and\nin such box all the ballot papers removed from the\nballot boxes for the electoral districts in the\nreferendum shall be placed and mixed together for\nthe purpose of being counted.\n(2) When all the ballot boxes from all the\npolling stations have been received by the\nSupervisor and dealt with in accordance with\nsubsection (1a), and not before, the Supervisor shall,\nin the presence of such of the observers as are present, or,\nif no observers are present, two electors -\n(a) record and count the number of votes\n(allowing the observers or, in the absence\nof the observers, the two electors present,\nfull opportunity to see such votes but not\nthe official number on the back of the\nballot paper) and a poll clerk and not less\nthan two witnesses shall be supplied with\ntally sheets upon which they may keep\ntheir own scores as each vote is called out\nby the returning officer; 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 be\nidentified, but no ballot paper shall be\nrejected on account of any writing,\nnumber or mark placed thereon by\nany presiding officer.\u201d.\nIn subsection (7) omit the words \u201ccandidates or their\ncounting agents\u201d and substitute the words \u201cobservers\u201d.\n\n12\n\nThe Referendum (Constitutional Modernisation) Law, 2009\nIn subsection (9) omit the words \u201ccandidate or his counting\nagent\u201d and substitute the word \u201cobserver\u201d.\nIn subsection (10) omit the words \u201cgiven to each\ncandidate\u201d and substitute the words \u201cfor the respective\nanswers relating to the referendum\u201d.\nOmit subsection (11) and substitute -\n\u201c\n(11) Any of the observers, if not satisfied with the\naccuracy of the count of any segment of the count, may, on\ncompletion of the count of that segment, immediately\ndemand a recount which shall thereupon be carried out in\nthe same manner as the original count; but no observer\nmay demand such a recount more than once in respect of\nany segment of the count.\u201d.\nOmit subsections (12) and (13).\nsection 58\n(Influencing\nelectors to vote for\nany candidate)\nIn subsection (1) omit the words \u201cany elector to vote for\nany candidate or to ascertain for what candidate\u201d and\nsubstitute the words \u201chow any elector will vote or to\nascertain the manner in which\u201d.\nsection 59\n(Election return)\nOmit the section and substitute -\n\u201c59. (1) The Supervisor shall keep in safe custody -\n(a) the notice appointing a day for the holding\nof the referendum, with his return showing\nthe answer declared to be mandated in\naccordance with section 56;\n(b) a report of his proceedings showing the\nnumber of votes cast for the respective\nanswers relating to the referendum, and\nmaking such observation as he may think\nproper as to the state of the referendum\npapers as received from the presiding\nofficer;\n(c) information relating to the number of\npersons to whom, it appears from the\ncounterfoils, ballot papers have been\nsupplied in the electoral district;\n(d) the reserve supply of undistributed blank\nballot papers;\n\n13\n\nThe Referendum (Constitutional Modernisation) Law, 2009\n(e) the poll book used at each polling station, a\npacket containing the counterfoils and\nunused ballot papers, a packet containing\nthe used ballot papers (other than the\nrejected ballot papers), a packet containing\nthe spoiled ballot papers, a packet\ncontaining the rejected ballot papers and a\npacket containing the official list of\nelectors used at the polling stations, and\nthe written appointments of the observers;\nand\n(f)\nall\nother\ndocuments\nused\nfor\nthe\nreferendum.\n(2) When the result of the poll has been\nascertained the Supervisor shall forthwith publicly\ndeclare that result and shall subsequently by notice\npublished in the Gazette, publish the result.\u201d.\nsection 60\n(Custody of\nelection\ndocuments)\nIn subsections (1)(a), (3) and (5) omit the word \u201celection\u201d\nwherever it appears and substitute the word \u201creferendum\u201d.\nOmit subsection (2) and substitute -\n\u201c\n(2) If proceedings have been brought questioning\nthe number 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\n(4) No such referendum documents in the custody\nof the Supervisor shall be inspected or produced except on\nthe order of a Judge of the Grand Court; and an order\nunder this subsection may be made by the Judge upon his\nbeing satisfied by evidence on oath that the inspection or\nproduction of such referendum documents is required for\nthe purpose of instituting or maintaining a prosecution for\nan offence in relation to a referendum or for the purpose of\nproceedings which have been brought questioning the\nnumber of ballot papers or votes cast in the referendum.\u201d.\nPART V\nOmit.\n\n14\n\nThe Referendum (Constitutional Modernisation) Law, 2009\n(Election\nExpenses)\nsection 72\n(Regulation of\npolitical\nbroadcasts)\nOmit subsection (2) and substitute \u2013\n\u201c\n(2) The provisions of this Part shall, with the\nnecessary changes being made, apply in respect of a\nreferendum as they apply to an election.\u201d.\nPART VII\n(Publication of\nStatistical\nInformation)\nOmit.\nPART VIII\n(Election Petitions)\nOmit.\nsection 92\n(Loudspeakers,\nensigns, banners,\nadvertisements,\netc., prohibited on\npolling day)\nIn subsection (2) omit the words \u201ccandidate, or of the\npolitical or other opinions entertained or supposed to be\nentertained by such candidate\u201d and substitute the words\n\u201cspecific result at the referendum\u201d.\nIn subsection (3)(a) omit the words \u201cparticular candidate or\ngroup of candidates\u201d and substitute the words \u201cspecific\nresult at the referendum\u201d.\nIn subsection (3)(b) omit the words \u201ccandidate or group of\ncandidates\u201d and substitute the words \u201cperson, group or\npolitical party\u201d.\nOmit subsection (4).\nsection 93\n(Definition of\nbribery)\nIn subsection (1)(c) and (d) omit the words \u201cthe return of\nany person as an elected member of the Assembly, or the\nvote of any elector at any election\u201d and substitute the\nwords \u201ca specific result at the referendum\u201d.\nOmit subsection (3)(a) and (c).\nsection\n100\n(Illegal\npractices\nand penalties)\nOmit subsection (1)(b).\nIn subsection (1)(c) omit the words \u201ccalled for the purpose\nof promoting the election of a candidate as a member to\nserve in the Assembly\u201d and substitute \u201ccalled in relation to\nthe referendum\u201d.\n\n15\n\nThe Referendum (Constitutional Modernisation) Law, 2009\nOmit subsection (1)(d) and substitute \u2013\n\u201c(d) himself or as a director of any body or association\ncorporate, before or during the referendum for the\npurpose of affecting the results of the referendum,\nmakes or publishes any false statement of fact in\nrelation to the referendum,\u201d.\nForm 21 in the\nSecond Schedule\n(Oath of presiding\nofficer)\nOmit and substitute \u2013\n\u201cFORM 21\nSection 36(2)\n\nOATH OF PRESIDING OFFICER\n\nI,\n___________________________________\nthe\nundersigned, appointed presiding officer for the polling\nstation\nat_______________________\nin\nthe\n_________________ electoral district swear that I will act\nfaithfully in my said capacity of presiding officer,\naccording to law, without partiality, fear, favour or\naffection, and that I will keep secret the manner in which\nany of the electors in the above-mentioned polling station\nmarks his ballot in my presence at this referendum.\n\nSO HELP ME GOD.\n\n_________________________\nPresiding Officer\n\nSworn before me at _____________ this _____day of\n____________, 2009.\u201d.\nForm 23 in the\nSecond Schedule\n(Oath of poll clerk)\nOmit and substitute \u2013\n\u201cFORM 23\n\nSection 37(2)\n\nOATH OF POLL CLERK\n\nI,\n___________________________________\nthe\nundersigned, appointed poll clerk for the polling station\nat_______________________\nin\nthe\n__________________________ electoral district swear\n\n16\n\nThe Referendum (Constitutional Modernisation) Law, 2009\nthat I will act faithfully in my said capacity of poll clerk\nand also in that of presiding officer if required to act as\nsuch, according to law, without partiality, fear, favour or\naffection and that I will keep secret the manner in which\nany of the electors in the above-mentioned polling station\nmarks his ballot in my presence at this referendum.\n\nSO HELP ME GOD.\n\n___________________\nPoll Clerk\n\nSworn before me at _____________ this _____day of\n____________,2009.\u201d.\nForm 24 in the\nSecond Schedule\n(Direction for the\nguidance of\nelectors)\nOmit and substitute \u2013\n\u201cFORM 24\nSection 39(2)(e)\n\nDIRECTION FOR THE GUIDANCE OF ELECTORS\n1.\nAn elector must not vote at more than one polling\nstation.\n2.\nAn elector may vote for 1 answer only. If the elector\nvotes for more than 1 answer the ballot paper is void and\nnone of the votes will be counted.\n3.\nAn elector votes for an answer by placing an X to the\nright of the answer, thus\nYES                                   X\nNO\n4.\nIf an elector marks the ballot paper in any way that\nwill identify the elector the ballot paper will be rejected.\n5.\nAfter voting, an elector must fold the ballot paper\nalong the line shown on the ballot paper and hand the\nfolded ballot paper to the presiding officer.\n6.\nThe presiding officer will, in the full view of those\npresent including the elector, remove the counterfoil from\nthe ballot paper and return the ballot paper to the elector\n\n17\n\nThe Referendum (Constitutional Modernisation) Law, 2009\nwho will deposit the ballot paper in the ballot box; except\nthat where the elector is unable from physical or other\ndisability to deposit the ballot paper in the ballot box, the\npresiding officer will, on the elector\u2019s behalf, deposit the\nballot paper in the ballot box.\n7.\nIf an elector inadvertently spoils a ballot paper he or\nshe can obtain another one by returning the spoilt one to\nthe presiding officer.\n8.\nA person given a ballot paper must not take it from\nthe polling station.\n9.\nAfter voting an elector must leave the polling\nstation.\u201d.\n\nForm 25 in the\nSecond Schedule\n(Oath of agent of a\ncandidate)\nOmit and substitute \u2013\n\n\u201cFORM 25\nSection 40\n\nOATH OF AN OBSERVER\n\nI _____________________________ the undersigned,\nobserver in the referendum held on this day in the\n___________________________ electoral district do\nswear that I will keep secret the manner in which any\nelector at this polling station marks his ballot paper in my\npresence at this referendum.\n\nSO HELP ME GOD.\n\n________________________\n\nSignature\n\nSworn before me at _______________________ this ____\nday of _____________ 2009.\u201d.\n\n18\n\nThe Referendum (Constitutional Modernisation) Law, 2009\n\nForm 30 in the\nSecond Schedule\n(Oath that the\nelector is the\nperson intended to\nbe referred to in the\nofficial list of\nelectors)\nOmit and substitute \u2013\n\n\u201cFORM 30\nSection 53(1)\n\nOATH THAT THE ELECTOR IS THE PERSON\nINTENDED TO BE REFERRED TO IN THE\nOFFICIAL LIST OF ELECTORS\n\nYou swear that you are qualified to vote at this referendum\nand you are not disqualified from voting thereat and that\nyou verily believe that you are the person intended to be\nreferred to by the entry in the official List of Electors used\nat\nthe\npolling\nstation,\nof\nthe\nname\n___________________________ whose occupation is\ngiven\nas\n________________________________\nand\nwhose\nstreet\naddress\nis\ngiven\nas\n____________________________________\n\nSO HELP YOU GOD\u201d.\n\nPART 2\n\nAPPLICATION AND MODIFICATION OF PROVISIONS OF THE\nELECTIONS RULES (2004 REVISION)\n\nrule 3\n(Application to be\ntreated as absent\nelector)\nIn the proviso to paragraph (1) omit the words \u201c, not being\na candidate for election or the agent of such a candidate\u201d.\nOmit paragraph (6).\nrule 8\n(Form of\ndeclaration of\nidentity)\nOmit paragraphs (2) and (3).\n\n19\n\nThe Referendum (Constitutional Modernisation) Law, 2009\nrule 9\n(Persons entitled to\nbe present at the\nissue and receipt of\npostal ballot\npapers)\nOmit and substitute \u2013\n\u201c9. No person other than the returning officer, his clerk\nand observers may be present at the proceedings on the\nissue or receipt of postal ballot papers.\u201d.\nrule 11\n(Notice of issue of\npostal ballot\npapers)\nOmit.\nrule 25\n(Ballot paper for\nby-election)\nOmit.\n\nPassed by the Legislative Assembly the 23rd day of February, 2009.\n\nEDNA MOYLE\n\nSpeaker.\n\nWENDY LAUER\n\nClerk of the Legislative Assembly.\n\n20","akn_extracted_at":"2026-06-22 15:37:18.10333+00","cms_id":"2009-0001","law_type":"principal","year":"2009","number":"1","title":"Referendum (Constitutional Modernisation) Act","status":"in_force"},"provenance":{"files":[{"file_id":"5216","expr_id":"313","kind":"akn_xml","filename":"2009-0001_Act 1 of 2009.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2009\/2009-0001\/2009-0001_Act 1 of 2009.akn.xml","content_md5":"bca9487a32443252456b90ef924766cb","byte_size":"31073","http_last_modified":null,"fetched_at":"2026-06-22 15:37:18.250061+00"},{"file_id":"625","expr_id":"313","kind":"pristine_pdf","filename":"2009-0001_Act 1 of 2009.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/2009\/2009-0001\/2009-0001_Act 1 of 2009.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/PRINCIPAL\/2009\/2009-0001\/2009-0001_Act 1 of 2009.pdf","content_md5":"cd9e94a662af9c3dd8e428233696c4ea","byte_size":"93287","http_last_modified":null,"fetched_at":"2026-06-21 23:09:37.755761+00"},{"file_id":"626","expr_id":"313","kind":"working_pdf","filename":"2009-0001_Act 1 of 2009.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/2009\/2009-0001\/2009-0001_Act 1 of 2009.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2009\/2009-0001\/2009-0001_Act 1 of 2009.pdf","content_md5":"cd9e94a662af9c3dd8e428233696c4ea","byte_size":"93287","http_last_modified":null,"fetched_at":"2026-06-21 23:09:37.755761+00"}],"paragraph_count":3,"latest_history":null},"quality":{"expr_id":"313","doc_id":"313","quality_state":"needs_review","quality_score":"84","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise}","llm_categories":"{truncated_text,other}","repair_actions":"{collapse_duplicate_text,manual_review,reextract_full_text,strip_page_furniture}","finding_severity_counts":"{\"low\": 1, \"medium\": 1}","finding_summary":"Sample ends mid-sentence; likely missing concluding text. 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