[ARTICLE 10]
Provisions regulating the Conduct of Referenda
1. In this Schedule:
"Act" means the General Elections Act; and
"Ordinance" means the Electoral Polling Ordinance.
2. The Act shall apply to referenda as if:
(1) unless otherwise determined by the Electoral Commission because of their context, references therein to "election" "general election" or "election of the Members of the House" were references to "referendum";
(2) the definition of "political party" in article 2(1) thereof were substituted by the following:
"political party" means any person or group of persons who, having contested the general election under one name, is represented in the House by at least one member.";
(3) the reference to "the number of electoral divisions being contested by it" in article 61A(1) thereof were a reference to the number of electoral divisions involved in the referendum;
(4) the words "set out in Schedule 8(B) of this Act" in article 68(3) thereof were deleted;
(5) article 71 thereof were substituted by the following:
"71. (1) Each voter shall have one vote and shall indicate his choice by placing on the ballot paper an "X" or other mark either over the box indicating an affirmative vote or over the box indicating a negative vote:
Provided that a vote shall not be invalid if the mark is not over the box but is placed in such manner that in the opinion of the Commission it clearly indicates the choice of the voter.
(2) A ballot paper shall be invalid in which:
(a) an "X" or other mark indicating the choice of the voter is not placed; or
(b) an "X" or other mark indicating the choice of the voter is placed over both boxes; or
(c) it cannot be determined with certainty over which box the "X" or other mark is placed; or
(d) any writing or mark is placed by which the voter can be identified; or
(e) the official mark of the Commission is not made.";
(6) in article 72(4) thereof the words from "and following the procedure" to the end thereof were substituted by the words "after the Assistant Commissioner has read to the voter the question put and asked him whether he would like to vote "Yes" or "No".";
(7) article 77(2) thereof were substituted by the following:
"(2) A mixed polling place is a polling place which contains a ballot box in which the voters mentioned in sub-article (4)(a) and (b) shall vote.";
(8) in article 86(10) thereof the period of preservation of the papers and documents therein mentioned were five years from the day of publication of the official results;
(9) in article 89(2) thereof the words "the number of candidates presented by it to contest the election" were substituted by the words "the number of counters being used by the Commission at any one time";
(10) in article 107(1) thereof the period for which the papers shall be kept were five years from the date of the referendum;
(11) in articles 108 and 115(1) thereof the words from "the right of any person" to the words "to the House" were substituted by the words " the legality of the referendum";
(12) in the Sixth, Tenth and Eleventh Schedules thereto for the words "an election of Members of the House of Representatives" wherever they occur there were substituted the words "a referendum";
(13) the Thirteenth Schedule were amended as follows:
(a) regulations 2, 7(3) and (4), and 8 to 22, both inclusive, were deleted;
(b) in regulation 3 the words "first preference" were substituted by the word "mark";
(c) in regualtion 4(5) the words "indicating the candidate to which the first preference has been given" were substituted by the words "indicating the choice of the voter"; and
(d) in regulation 7 references to "candidates" and "trays" were references to the choice given to the voter between a "Yes" and a "No" vote;
(14) articles 15 to 44, 45(a), 49(3) to (8), 51 to 55, 60, 68(2), 71(1) to (3), 104(2) to (4), 105(2), 106(3), 107(3), 109 and 112(1)(a), and the Second, the Third, the Fourth, the Fifth, the Eighth, the Eighth (B), the Ninth and the Twelfth Schedules thereof were deleted; and
(15) all references therein to "electoral divisions", "candidates", "transfer of votes" and "first preference" were deleted.
3. The Ordinance shall apply to referenda as if articles 41 to 52 and 58 to 62 thereof were deleted and references therein to "election" and "election of a Member of the House" were references to "referendum".".
