PART IV ELECTIONS
Generally
Proclamation of election date

7.-(1) The Governor* shall, after the coming into operation of this Law, by proclamation published in the Gazette, appoint a date for the election of the President and the same date for the election of the Vice-President, which shall be the date on which nominations of candidates shall be received.

(2) The election of President and Vice-President shall take place, under the provisions of this Law, separately.

Administrative Arrangements
Appointment of Returning Officers

8**.-(1) When the date of an election is appointed under section 7 the Governor* shall by notice published in the Gazette appoint for such election a Greek to be the Returning Officer for the electoral division for the election of the President (in this Law referred to as "the Greek Returning Officer") and a Turk to be the Returning Officer for the electoral division for the election of the Vice-President (in this Law referred to as "the Turkish Returning Officer").

(2) The Governor* may appoint any number of persons to be Assistant Returning Officers if a poll is to take place. Such Assistant Returning Officers shall have all the powers and may perform all the duties of a Returning Officer and shall belong to the same community as the Returning Officer, the powers and duties of whom they are to have and perform.

(3) When a Returning Officer by illness or other cause is prevented from performing his duties, or shall refuse or neglect to do so at an election, the Governor* may, at any time, appoint a person belonging to the same community to act in the place of such Returning Officer at such election.

(4) A Returning Officer shall have an office within the municipal limits of Nicosia.

Writs of election

9.-(1) The Governor* shall, for the purpose of an election, issue writs of election under the Public Seal of Cyprus, addressed to the Returning Officers.

(2) A writ of election shall be in the Form 1 of the First Schedule and shall appoint-

(a) the day (hereinafter referred to as "the day of nomination"), the time and the place (hereinafter referred to as "the place of nomination") at which the Returning Officers are to receive the nomination of duly qualified candidates;

(b) the day on which a poll (hereinafter referred to as "the day of the poll") shall be taken if more than one candidate stands nominated; and

(c) the date on which the writ shall be returned to the Governor*.

(3) The day of nomination and the day of the poll for the election of the Vice-President shall be the same in each case at the days specified under paragraphs (a) and (b) of sub-section (2) for the election of the President.

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(5) At an election the day of nomination and the day of the poll shall be the same in all constituencies.

(6) On the issue of a writ of election notice shall be published forthwith in the Gazette and in at least three Greek and three Turkish newspapers, circulating in Cyprus, of the issue of the writ, of the day of nomination, of the place of nomination and of the day of the poll; and each Returning Officer shall give further notice of the issue of the writ and of the time and place of nomination by causing notices in the Form 2 of the First Schedule to be published in such places within Cyprus as he may deem necessary at least three days before the day of nomination.

Nomination of Candidates
Nomination papers

10.-(1) Any person qualified to be a candidate in accordance with the provisions of this Law may be nominated as a candidate for an election.

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(3) Every candidate shall, at the time of nomination, deliver to the Returning Officer-

(a) his nomination paper; and

(b) a statutory declaration of his qualifications made and subscribed by the candidate in the Form 4 of the First Schedule;

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(hereinafter referred to as "the nomination papers"). If such nomination papers are not delivered by or on behalf of the candidate at the time of nomination, the nomination shall be deemed to be void.

(4) he Returning Officer may at any time between the date of the issue of the writ and 12 o' clock noon of the day of nomination supply forms of nomination papers to any person whose name appears in a Register.

Deposit by candidate

11.-(1) Every candidate not later than the time his nomination papers are delivered at the office of the Returning Officer in accordance with sections 10 and 12 shall deposit or cause to be deposited with the Returning Officer the sum of (2.000) or a written receipt issued by or on behalf of the Accountant-General (2.000) received from or on account of such candidate in respect of such deposit and the nomination shall not be valid until such deposit has been made.

(2) The deposit of (2.000) referred to in subsection (1) shall be repayable to the candidate and in the case of his death to his heirs or his personal representative if-

(a) there is no contested election; or

(b) if there is a contested election, the candidate obtains votes equal to not less o (3%)of the total of votes validly polled,

and in any other case such deposit shall be forfeited and shall be paid into general revenue.

Proceedings on nomination day

12.-(1) The Returning Officer shall on the day of nomination attend at the place of nomination at the appointed time to receive the nomination papers of every candidate.

(2) The nomination papers shall be delivered to the Returning Officer on the day and at the appointed time at the place of nomination by the candidate himself or his proposer or one of his seconders and if not so delivered they shall be rejected.

(3) On receipt of the completed nomination papers the Returning Officer shall forthwith publish, by posting it in a conspicuous place at the place of nomination, a notice containing the name of the candidate and the names of his proposer and seconders.

(4) The candidate nominated by each nomination paper and his proposer and one of his seconders and one other person appointed by the candidate in writing shall be entitled to be present at the nomination proceedings and there and then to examine the nomination papers of candidates which have been received at the place of nomination. No other person except the Returning Officer and his assistants shall be entitled to attend the nomination proceedings.

Objections to nomination papers

13.-(1) Objection may be made to any nomination papers on all or any of the following grounds:-

(a) that the description of the candidate is insufficient to identify the candidate;

(b) that the nomination papers do not comply with or were not delivered in accordance with the provisions of this Law;

(c) that it is apparent from the contents of the nomination papers that thecandidate is not capable of being elected;

(d) that no deposit as provided by section 11 was deposited,

by any person whose name appears in a Register of the same community as that of the candidate.

(2) Any such objection shall be in writing and specify the grounds on which it is based. The objection shall be delivered to the Returning Officer not later than six hours after the expiration of the time appointed for the nomination.

(3) The Returning Officer shall, with the least possible delay, decide on every objection and inform the candidate and objector of his decision which, if disallowing the objection, shall be final and conclusive and shall not be questioned in any Court of law, but, if allowing the objection, may be reversed on an election petition questioning the election.

(4) The Returning Officer may of his own motion declare invalid on any of the grounds set out in sub-section (1) any nomination papers and thereupon he shall inform the candidate concerned of his decision which may be reversed on an election petition questioning the election.

Withdrawal of candicate

14.-(1) A candidate may, at any time prior to the date of the poll, or, in the case of an uncontested election, at any time before he is declared to be elected, withdraw his candidature by giving a notice in writing to that effect signed by him to the Returning Officer.

(2) The Returning Officer on receiving the notice under subsection (1) shall forthwith cause notice of such withdrawal to be posted in a conspicuous place outside the place of nomination.

(3) o vo o o o oo o v o vo oo o o.

vo oo

15.-(1) vo oo ov o o :

() v o oo ov v v o oo v v oo, o v oo ov, o o vo, voo o v o o ov o.

o o o o oo oo oov v & o o v vv ov v ov.

() v oo ov oo v v vov o o oo o o v v v ov o o :

() v o ovv oo v vo o ooo o v 50% v v v v o v v vv oo v o o v oo, o ovv oo v o o oo o vv o o v v v o v, o v oo ov, o o vo, voo o, v o o ov o.

o o o o oo oo oov v & o o v

vv ov v ov

() v o o ovv oo v o v o vv o o v v o v, o v .

() v oooo o o oo o v o o v v v o v v o ov v o v oo v o ov o o :

() v oo ov, o o vo, voo o v o o ov o.

() o o o o oo oo oov v . o o vo oo v .

() v oo ov oo v v vov o o oo v o o v v v ov o o :

() v o ovv oo v o o o, o v oo ov, o o vo, voo o v o o ov o.

o o o o oo oo oov v . o o vo oo v .

() v o o ovv oo v v o o, o v o o.

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15. o o 15 ov oo, v oo.

No candidate nominated

16.-(1) If on the day of nomination and at the expiration of the time appointed therefor no person is or remains nominated the Returning Officer shall forthwith report the fact to the Governor*.

(2) In every such case the Governor* shall fix some other convenient day for the election and the proceedings relating to elections shall commence afresh.

Uncontested Elections
17

17. If-

(a) on the day of nomination, after the expiration of the time appointed for nomination, and after the disposal of any objections under section 13; or

(b) as the result of a candidate withdrawing his candidature under the provisions of section 14 at any time after nomination and prior to the day of the poll,

Contested Elections
Adjournment of election for holding a poll

18. If on the day of nomination, after the expiration of the time appointed for nomination and the disposal of any objections under section 13, more than one candidate stand nominated for the office of the President or of the Vice-President, as the case may be, the Returning Officer shall forthwith adjourn the election to enable a poll to be taken in accordance with the provisions of this Law.

Polling districts and polling stations

19.-(1) For the purpose of holding a poll each constituency shall be divided into polling districts.

(2) The Returning Officer shall provide a sufficient number of polling stations in each polling district and allot electors within the polling district to the polling stations in such manner as he thinks most convenient.

(3) At such a poll only the Greek electors shall vote for the President and only the Turkish electors for the Vice-President.

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Notice of poll

20.-(1) The Returning Officer shall, at least four days before the day of the poll, cause to be published in such Greek or Turkish newspapers circulating within the polling district as he may think fit and to be posted at several conspicuous places within the polling district a notice in the Form 5 of the First Schedule specifying-

(a) the day and hours fixed for the obtaining of the poll;

(b) the full names, addresses and occupations of the candidates and of their proposers and seconders; and

(c) the situation of each polling station and a statement of the electors entitled to vote thereat.

(2) A copy of the notice specified in sub-section (1) shall be served on the Greek or Turkish mukhtar, as the case may be of every quarter of every town or village within the electoral division.

Presiding officers and polling assistants

21.-(1) Each Returning Officer shall appoint, from among the members of the community to which such Returning Officer belongs, such person (in this Law called "the presiding officer") as he may think fit, other than a candidate, to be in charge of each polling station and control the conduct of the poll therein.

(2) The presiding officer shall give such directions as shall ensure order being kept during the poll.

(3) Each presiding officer may be assisted by such polling assistants as the Returning Officer may appoint for the purpose.

(4) The Returning Officer may, if he thinks fit, preside at any polling station, and theprovisions of this Law relating to the presiding officer shall apply to the Returning Officer.

Returning Officer to provide presiding officer with extract of register, etc.

22. The Returning Officer shall provide the presiding officer with-

(a) an extract of the Register containing the names of electors entitled to vote at the polling station;

(b) one ballot box;

(c) a sufficient number of ballot papers;

(d) a sufficient supply of pens and ink; and

(e) such other equipment as in the opinion of the Returning Officer is necessary for the purpose of the election.

Hours of polling

23. oo 7.00 o o 1.00 6.00 o oo o v ov oov o, v o, o vo 9.00 o v o v o ov.

Procedure on Polling Day
Facilities to be provided at polling stations

24.-(1) Outside each polling station there shall be affixed in a conspicuous place by the presiding officer before the commencement of the poll a notice showing the name of each candidate in Greek, Turkish and English, and the colour allotted to him under the provisions of sub-section (2) of section 26. Such names shall be arranged alphabetically in Greek in case of Greek candidates in Greek polling stations and in Turkish in case of Turkish candidates in Turkish polling stations in the order of their surnames, and if there are two or more candidates with the same surname, of their other names.

(2) It shall be the duty of the Returning Officer to provide at each polling station reasonable facilities for the electors allotted to such polling station to enable them to cast their votes screened from observation and to vote in accordance with the provisions of this Law, and he shall determine, or may authorize the presiding officer to determine, in what manner such facilities shall be distributed among the electors entitled to vote at such polling station.

Persons entitled to be present on polling day at the polling station

25.-(1) There shall be present at the polling station, on the day of the poll, the presiding officer and such polling assistants, as the Returning Officer may nominate, any police officer on duty and such interpreters as the case may require.

(2) The candidate may, if he thinks fit, attend in person or appoint a polling agent who may be present at the polling station during the taking of the poll.

(3) The presiding officer shall have the control and custody of the ballot box.

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(2) v oo o v o oo o v ov.

Ballot boxes

27.-(1) very ballot box shall be made of some durable material and shall be so constructed that the ballot papers may be introduced therein but cannot be withdrawn therefrom unless the box is unlocked. The ballot box shall be of a kind to be approved by the Governor*.

(2) Immediately before the commencement of the polling the presiding officer shall show the ballot box empty to such persons as may be present so that they can see that it is empty and shall then lock it and place his seal upon it in such manner as to prevent it being opened without breaking the seal and shall place it in his view for the receipt of the ballot papers and shall keep it so locked and sealed.

(3) The provisions of sub-section (2) shall apply to every ballot box used during a poll and it shall be a sufficient compliance with these provisions if a ballot box, other than a ballot box used at the commencement of a poll, is shown, locked up and sealed as aforesaid, before it is used.

Admittance at polling stations

28.-(1) No person shall be admitted for voting at the polling station unless he is entitled and permitted to vote therein under the provisions of this Law.

(2) No person shall be entitled to vote at a polling station unless he is an elector allotted to such station:

Provided that where an elector is employed as presiding officer, police officer or in any other official capacity in connection with the poll, and it is inconvenient for him to vote at the polling station to which he has been allotted, the Returning Officer may authorize the elector, by a certificate under his hand, to vote at any other polling station in the electoral division, and that polling station shall, for the purpose of this section, be deemed to be the polling station at which such elector is entitled and permitted to vote. Such certificate shall state the name of the elector, his number and description in the Register, and the fact that he is so employed as aforesaid. It shall be withdrawn from the elector by the presiding officer at the polling station as soon as the elector has voted.

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(4) The presiding officer shall keep order in the polling station and shall decide the number of electors to be admitted at a time and shall exclude any person who is not entitled to be present at the polling station.

(5) If any person misconducts himself in the polling station or fails to obey the orders of the presiding officer, he may, immediately, by order of the presiding officer be removed from the polling station by any police officer in or near that station or by any other person authorized in writing by the presiding officer to remove him, and the person so removed shall not, unless with the permission of the presiding officer, again be allowed to enter the polling station. Any person so removed as aforesaid and charged with the commission at that polling station of any offence may be kept in custody until he can be brought before the Court but in any event for not more than twenty-four hours. The powers conferred by this sub-section shall not be used so as to prevent any elector otherwise entitled to vote at any polling station from having an opportunity of voting at such station.

Manner of voting

29.-(1) Each elector entitled to vote shall have one vote.

(2) There shall be delivered by the presiding officer, or any person acting under his authority, to each elector entitled and permitted to vote at a polling station one ballot paper relating to each candidate who is nominated for election as President or Vice-President, as the case may be. Such ballot papers shall be fastened together in booklet form so that they cannot readily be separated.

(3) Immediately before such ballot papers are delivered to the elector the cover of the booklet thereof shall be stamped, or perforated with the official mark of, or initialled by, the presiding officer; and the number, name and description of the elector, as stated in the Register, shall be called out and a mark shall be placed in the extract of the Register against the name of the elector to denote that he has received the booklet of ballot papers the cover of which has been duly stamped, perforated or initialled.

(4) The elector, on receiving the booklet of ballot papers as aforesaid, shall forthwith proceed to such place in the polling station as may be indicated by the presiding officer, or any person acting under his authority, and shall there secretly mark with the symbol "X" in ink the ballot paper in the booklet which relates to the candidate for whom he wishes to vote and then shall place the booklet containing all the ballot papers in the ballot box.

(5) The presiding officer or any person authorized by him may ask any elector if such elector understands the method of voting in accordance with this Law and may, if he thinks fit, on the application of any elector, explain to the elector in the presence of the polling agents of the candidates, if present, the method of voting in accordance with this Law; but in so doing he shall carefully abstain from any action which might be construed by the elector as advice or a direction to vote for any particular candidate.

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(7) The presiding officer may at any time while a poll is proceeding take such steps as may be necessary to ensure that no elector delays unduly in any place reserved for the marking of ballot papers.

(8) During the taking of the poll, the presiding officer shall cause to be exhibited outside his polling station a notice in Greek, if the polling station is for Greek electors, and in Turkish, if the polling station is for Turkish electors, substantially in the form set out in the Second Schedule to this Law, giving directions for the quidance of electors in voting.

Spoilt ballot papers

30. An elector who has inadvertently dealt with any ballot paper in such a manner that it cannot be conveniently used for voting may, on delivering to the presiding officer the booklet containing the same, and proving the fact of the inadvertence to the satisfaction of the presiding officer, obtain another booklet in place of that delivered up (hereinafter called "spoilt ballot paper"), and the spoilt ballot papers shall be immediately cancelled by the presiding officer.

Personation of electors

31. If a person representing himself to be a particular elector named in the Register applies for ballot papers after another person has voted as such elector, the applicant shall on taking an oath of identity, which may be administrated by the presiding officer and which shall be in the Form 7 in the First Schedule, be entitled to receive ballot papers and to vote in the same manner as any other elector.

Duties of presiding officer during the voting

32. The presiding officer shall take such steps as he may think necessary for the safe custody of the ballot boxes and ballot papers in use at his polling station on the polling day and for preventing all unauthorized persons from having access thereto.

Closing of poll

33.-(1) No ballot papers shall be delivered to an elector after the hour fixed for the closing of the poll. But if at the hour aforesaid there is in the polling station any elector to whom ballot papers have been delivered, such elector shall be allowed to record his vote.

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Procedure subsequent to the Poll
Counting of votes

34.-(1) Each candidate may attend the counting of the votes in person or may appoint an agent (in this section referred to as "the counting agent") by written note to this effect given by the candidate to the Returning Officer at Nicosia, to attend the counting of votes.

(2)

(3) , his assistants and clerks, and the candidates and their counting agents, but no other persons except with the sanction of the , may be present at the counting of the votes.

(4) . , .

(5) O shall so far as practicable proceed continuously with counting the votes and shall endorse "rejected" on any ballot papers which he may reject as invalid.

(6) When the counting of the votes has been completed the Returning Officer shall forthwith declare the candidate to whom the greatest number of votes is given to be elected, if such number of votes exceeds fifty per centum of the total number of votes validly cast.

(7) If no candidate receives more than fifty per certum of the total number of votes validly cast, a new poll shall be taken, on a day to be appointed by the Governor** for the purpose, between the two candidates who had been given the greatest number of votes at the previous poll, and the candidate who is given the greater number of votes at the second poll shall be declared by the Returning Officer to be elected.

(8) In any case where there is reasonable doubt as to the result of an election the Returning Officer of the electoral division may, either of his own motion or upon the application of any candidate or his counting agent, order a recount to be taken before making a declaration of the result of the election.

(9) Upon the completion of the counting, and after the result has been declared by him, the Returning Officer shall seal up the ballot papers and all other documents relating to the election as required by this Law and shall, subject to the provisions of the next succeeding sub-section, retain the same for a period of six months and thereafter shall cause them to be destroyed unless otherwise directed by order of the Governor**.

(10) The Chief Justice may make an order that any ballot paper or other document relating to an election which has been sealed as required by this Law be inspected, copied, or produced at such time and place and subject to such conditions as the Chief Justice may deem expedient, but shall not make such an order unless he is satisfied that such inspection, copy or production is required for the purpose of instituting or maintaining a prosecution or an election petition in connection with the election. Save as aforesaid, no person shall be allowed to inspect any such ballot paper or document after it has been sealed up in pursuance of sub-section (9) of this section.

Votes to be rejected

35.-(1) shall reject as invalid the following ballot papers only, namely any booklet-

(a) the cover of which has not been stamped, or perforated with the official mark of, or initialled by, the ;

(b) in which more than one ballot paper appears to have been marked by the elector;

(c) the ballot papers in which contain any writing or mark by which the elector can be identified; or

(d) in which any ballot paper is missing, or which is incomplete, or in which none of the ballot papers has been marked.

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(3) Before rejecting any ballot papers the shall show them to each candidate or his counting agent if present and hear his views thereon.

(4) The decision of the whether or not any ballot papers shall be rejected shall be final and shall not be questioned on an election petition.

Return of writ of election and publication of the result in the Gazette

36. O v oo o shall forthwith after the result has been declared by him-

(a) certify by endorsement on the writ the return of the person elected and shall return to the Governor* the writ so endorsed;

(b) publish in the Gazette the name of the person so elected.

Omission to hold, etc, election

37.-(1) If an election is not held on the appointed day it shall be held on the day next following the appointed day. If the election is not held on such next day the Governor* shall appoint a day on which the election shall be held.

(2) If the Governor* shall appoint a day for the holding of an election under the provisions of sub-section (1) the Returning Officer shall publish and keep published for six days before the date thereof notice of such election and save as aforesaid such election shall be conducted in accordance with the provisions of this Law.

Failure to comply with the provisions of this law

38.-(1) No election shall be invalid by reason of any failure to comply with the provisions of this Law relating to elections if it appears that the election was conducted in accordance with the principles laid down in such provisions and that such failure did not affect the result of the election.

(2) Where in this Law any act or thing is required or authorized to be done in the presence of the candidates or their agents, the non-attendance of the candidates or agents at the time and place appointed for the purpose shall not, if that act or thing is otherwise duly done, invalidate that act or thing.

Certain offences at elections

39.-(1) Every person who-

(a) forges or fraudulently defaces or fraudulently destroys any nomination paper, or delivers to the Returning Officer any nomination paper knowing the same to be forged; or

(b) forges or counterfeits or fraudulently defaces or fraudulently destroys any ballot paper or the stamp, perforation or initial on the cover of any booklet of ballot papers; or

(c) without due authority supplies any ballot paper to any person; or

(d) sells or offers to sell any ballot paper to any person or purchases or offers to purchase any ballot paper from any person; or

(e) not being a person entitled under this Law to be in possession of any ballot paper or any booklet of ballot papers, the cover of which has been stamped, perforated or initialled in accordance with this Law, has any ballot paper or such booklet in his possession; or

(f) puts into any ballot box anything other than the booklet of ballot papers, the cover of which has been stamped, perforated or initialled, which such person is authorized by law to put in; or

(g) without due authority takes out of the polling station any ballot paper or any booklet of ballot papers, the cover of which has been stamped, perforated or initialled, or is found in possession of any ballot paper or such booklet outside a polling station; or

(h) without due authority destroys, takes, opens, or otherwise interferes with any ballot box or packet of ballot papers in use or intended to be used for the purposes of an election; or

(i) without due authority prints any ballot paper or what purports to be or is capable of being used as a ballot paper at an election,

shall be guilty of an offence and shall be liable upon conviction to imprisonment not exceeding six months or to a fine not exceeding ,450 or to both such imprisonment and fine.

(2) Any person convicted of an offence under subsection (1) shall become incapable for a period of seven years from the date of his conviction of being registered as an elector or of voting at any election under this Law or any Law amending or replacing this Law, or any Law governing elections of members of the House of Representatives or Communal Chambers of the Republic for the time being in force.