On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 15/05/2001.
22. The principal Act is amended by inserting, immediately after section 50, the following sections:
50A.
—(1) No DRE voting system shall be used at any poll in any electoral division unless the DRE voting system is approved before the date of the writ of the election under section 24 by —
(a)
the Auditor-General; or
(b)
any person appointed by the Minister in consultation with the Auditor-General.
(2) The Auditor-General or person appointed under subsection (1) shall not approve any DRE voting system for use at any election in any electoral division unless, after conducting such tests as he considers necessary in the presence of the Returning Officer and such representatives of any political party as are present, he is satisfied that the DRE voting system —
(a)
permits voting in secrecy;
(b)
permits each voter to vote from all the candidates or groups of candidates as are nominated for the election;
(c)
operates safely and efficiently and accurately counts all votes cast for each candidate or group of candidates;
(d)
is set to detect voting errors and to reject all votes for any candidate or group of candidates when the number of votes recorded exceeds the number of votes that may lawfully be cast;
(e)
permits each voter to clearly see the ballot display;
(f)
is safe from fraudulent or unauthorised manipulation or operation;
(g)
ensures that all voting data stored in the DRE voting machines used shall be maintained regardless of electrical power surges or outages; and
(h)
is capable of providing records from which the operation of the DRE voting system may be audited and for verification of the accuracy of the recording and counting of votes, but that shall not allow for identification of any voter.
(3) Subject to subsection (1), no DRE voting system shall be used at a poll in any electoral division unless the Returning Officer specifies, by notice under section 34(6) or (as the case may be) 34A (6), that a DRE voting system will be used at the poll in that electoral division.
(4) Where a DRE voting system is to be used at any forthcoming poll in any electoral division in accordance with this section, the Returning Officer may, for the purpose of instructing electors, provide one or more demonstrations as to the use of the DRE voting system in one or more public places within that electoral division.
50B.
—(1) It shall be the duty of the Returning Officer to provide at each polling station within every electoral division specified in his notice under section 34(6) or (as the case may be) 34A (6) —
(a)
a sufficient number of DRE voting machines and other direct recording electronic voting equipment approved under subsection (2) for electors allotted to the polling station to cast their votes;
(b)
booths or other reasonable facilities within which approved DRE voting machines are to be placed to enable electors allotted to the polling station to record their votes screened from observation and to vote in accordance with the provisions of this Act and any regulations made thereunder; and
(c)
a sufficient number of other approved DRE voting machines, direct recording electronic voting equipment and other voting equipment in the event of any malfunction of all or any approved DRE voting machines at that polling station.
(2) Not earlier than 4 clear days before polling day, the Auditor-General or person appointed by the Minister under section 50A(1) shall inspect and conduct or cause to be inspected and conducted such tests on every DRE voting machine and direct recording electronic voting equipment to be used at a poll, and if he is satisfied that any such DRE voting machine and equipment are in the proper order for use at a poll, he shall not later than on the eve of polling day —
(a)
approve the DRE voting machine and equipment so tested for use at the poll;
(b)
number the approved DRE voting machine;
(c)
seal with his seal and secure the approved DRE voting machine and direct recording electronic voting equipment against use until polling day and despatch it in safe custody to the Returning Officer who shall store it in safe custody until polling day;
(d)
make a record containing the identification numbers of every such approved DRE voting machine and the respective polling stations to which each has been allocated; and
(e)
furnish a copy of the record to such candidate or his election agent who requests for such a copy before polling day.
(3) Any inspection and test of DRE voting machines and direct recording electronic voting equipment under subsection (2) shall be carried out —
(a)
on such date and at such time and premises as the Returning Officer may specify by public notice not less than 5 clear days before polling day; and
(b)
in the presence of such candidate or his election agent or polling agent as may be present at those premises on that date and time.
50C.
—(1) Immediately before the commencement of the poll in any electoral division specified in a notice under section 34(6) or (as the case may be) 34A (6), the presiding officer at every polling station within the electoral division shall, and in the sight of such person as may be present at the polling station —
(a)
ensure that every DRE voting machine and direct recording electronic voting equipment delivered to the polling station for use at the poll is approved under section 50B(2) and still sealed and secured against use;
(b)
install the approved DRE voting machine and direct recording electronic voting equipment for use at the poll at the polling station;
(c)
inspect and test each DRE voting machine and direct recording electronic voting equipment so installed in the prescribed manner to ensure that it is functioning properly and take such corrective action (including replacement or repair) as is necessary to ensure that it is functioning properly; and
(d)
unsecure the DRE voting machine for use at the poll.
(2) The presiding officer at a polling station using DRE voting machines and direct recording electronic voting equipment at the poll shall periodically inspect or cause to be inspected the machines and equipment for tampering and damage or any malfunction while voting is in progress.
(3) If at any time before or after the commencement of a poll using a DRE voting system, the presiding officer at a polling station determines that the approved DRE voting machines or direct recording electronic voting equipment delivered to the polling station cannot be replaced or repaired promptly and that voting cannot be continued using the remaining approved DRE voting machines and approved direct recording electronic voting equipment without interfering substantially with the orderly conduct of the poll, the presiding officer shall, with the approval of the Returning Officer —
(a)
immediately halt voting at that polling station if the poll has already commenced; and
(b)
make such necessary arrangements for voting at the polling station —
(i)
to commence or resume, as the case may be, on the same day and close at such other hours as the Returning Officer may appoint, using either the same DRE voting system or ballot papers in accordance with the provisions of this Act; or
(ii)
to be adjourned and conducted afresh on such other date as the Returning Officer may declare by notification in the Gazette, being a date not more than one week later, using either the same DRE voting system or ballot papers in accordance with the provisions of this Act.
50D.
—(1) Except as otherwise provided in sections 50B and 50C and any regulations made under this section, any poll using any DRE voting system shall be conducted in the same manner as that in which voting is conducted under sections 35 to 51, and shall be regarded as a poll for the purposes of this Act.
(2) The ballot image displayed on any approved DRE voting machine at any poll shall be an identical representation in electronic form of the ballot paper used at the poll.
(3) The Minister may make regulations modifying the application of any provision of this Act to the conduct of polls using a DRE voting system, including in particular, prescribing the training of presiding officers in operating DRE voting systems, the procedures on opening and closing of such a poll, the manner of voting, the counting of votes and for the safe despatch or transmission of records of voting using DRE voting machines for counting, including recounting, if any.”.