Section 5

Commencement. FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE 4 CHAPTER 285:01 TOLEDO DEVELOPMENT CORPORATION (BOARD) (NOMINATION OF CANDIDATES AND ELECTIONS) 169 of 2001. Act 32 of 2001. CAP 285:01 R.E. 2020. REGULATIONS (Section 15) [8th December, 2001.] 1. These Regulations may be cited as theTOLEDO DEVELOPMENT CORPORATION (BOARD) (NOMINATION OF CANDIDATES AND ELECTIONS) REGULATIONS. 2.–(1) In these Regulations, unless the context otherwise requiresInterpretation. “Act” means the Toledo Development Corporation Act; CAP. 285: 01. “Board” means the Board of the Corporation established under section 14 of the Act; “Corporation” means the Toledo Development Corporation; “Election” means an election held pursuant to section 15 (1) (c)(i) of the Act. (2) A word or phrase which is used in these Regulations but not defined herein but which is defined in the Act shall have the meaning assigned to it in the Act. Procedure for nominating candidates and conducting elections. First Schedule. 3. The procedure set out in the First Schedule hereto shall be used for the purpose of nominating candidates and holding elections. Toledo Development Corporation [CAP. 285:01 5 Description of zones. 4.–Notwithstanding the zones established in the Toledo District under the Regional Development Plan for the Southern District of October 1999 as revised in April 2000, made by the Environmental and Social Technical Assistance ProjectSecond Schedule. S S (a) the areas specified in the Second Schedule shall form part of the zones for the purposes of conducting the elections; and Second Schedule. (b) a person residing in any of the areas specified in the Second Schedule who qualifies to vote at the elections shall be eligible to vote for a candidate from the zone in which he resides. Commencement. 5. These Regulations shall come into force on 7th December 2001. MADE by the Minister of Economic Development this 7th day of December, 2001. (SAID MUSA) Minister of Economic Development 6 FIRST SCHEDULE [Regulation 3] ELECTIONS PROCEDURE Authority for conducting elections. 1. The elections for the Board of the Toledo Development Corporation shall be conducted by the Ministry of Economic Development under the supervision of the Elections and Boundaries Commission. Qualifications of members of Board. 2. Any person shall be eligible to be elected as a member of the Board who– (a) is a citizen of Belize; and Second Schedule. (b) has ordinarily resided in one of the zone referred to in the Second Schedule for at least one year immediately preceding the date of the elections; and (c) is at least eighteen years old. Who may vote. 3.–(1) Every person who meets the requirements of subparagraph (2) shall be eligible to vote at an election of the Board referred to in section 15 (1) (c) of the Act. (2) The requirements referred to in subparagraph (1) are that the person– (a) be a citizen or a permanent resident of Belize; and (b) be at least eighteen years of age; and Second Schedule. (c) have ordinarily resided in a zone referred to in the Second Schedule for at least two months immediately preceding the date of the Toledo Development Corporation [CAP. 285:01 7 elections and intends to represent the zone in which he has so resided; and (d) be of sound mind; and (e) produce some means of identification, such as a voter identity card, a driver’s licence, birth certificate or social security card. Election day and publicity regarding elections. 4.–(1) The Ministry of Economic Development shall appoint a place for the holding of an election and an election day and time for each zone at least seven days before the date set for the election, and different election days may be appointed for different zones. (2) After the date and time for a zonal election has been appointed by the Ministry of Economic Development pursuant to subparagraph (1), it shall cause the same to be properly advertised by– (a) regular radio announcements; (b) placing notices strategically in the areas comprising the zone, including places such as grocery shops and bars; (c) requesting the local Pastor to announce it in the Church; (d) requesting the assistance of teachers to communicate it to local residents within their localities; (e) house-to-house visits; or (f) any other appropriate means. 8 5.–(1) The Elections and Boundaries Commission shall, after consultation with the Ministry of Economic Development, appoint an Election Clerk for each zonal election, and such other supporting staff (including scrutineers and recorders) as may be considered necessary. Appointment of Election Clerks and Supervisors and other staff. (2) The Elections and Boundaries Commission shall appoint such number of Supervisors as it may consider necessary to supervise the conduct of elections in each zone. Material for elections. 6. On the day of the election, the Election Clerk shall ensure that the following material is available at the polling station– (a) black-board(s); (b) chalk/dusters; (c) scrap paper; (d) pens/pencils; (e) chairs and tables; (f) any other material as may be necessary. Board members. 7. At every election, the electors in Zone One shall elect two members of the Board, while the electors in each of the other four zones shall elect one member of the Board for each zone. Nomination of candidates. 8.–(1) At least a week before the day of the election, at such time as may be prescribed by the Ministry of Economic Development, the Election Clerk shall be present at the polling station and shall explain the election rules to all persons present at the polling station. (2) The Election Clerk shall then invite nominations of candidates from the floor. Toledo Development Corporation [CAP. 285:01 9 (3) Every candidate shall be nominated by an eligible elector and seconded by a second eligible elector. (4) A person who is nominated must accept his nomination before his name is placed on the blackboard. (5) After the nominations for members of the Board have been closed, the names of the nominated candidates shall be placed on the blackboard in the order in which they were nominated with the relevant number placed beside their names (e.g., if John Jones is nominated first, his name shall be placed on the blackboard with the number ‘one’ beside it). (6) No person shall be accepted as a candidate in absentia unless he or she has sent a written acceptance to the Election Clerk. 9.–(1) At least one week after the nominations have been closed, the voting shall take place. Voting. (2) Each voter shall be given one slip of blank paper bearing the stamp of the Ministry of Economic Development. (3) The voter shall place the number or name of one person out of the nominated candidates for election on the slip of paper. (4) For zones other than zone one, a voter shall be entitled to vote only for one candidate for election as member of the Board. A vote shall be considered as spoilt if a voter votes for more than one candidate for election as members of the Board. For zone one, a voter shall be entitled to vote for two candidates. (5) After marking the slip of paper, the voter shall fold them and drop the same in the ballot box in the presence of the Election Clerk. (6) Those voters who due to poor sight or other infirmity are unable to mark their papers on their own shall be assisted by the Election Clerk and his staff. The Election Clerk (or his staff) 10 shall read out the names of the nominated candidates to the voter and then ask the voter to indicate the name of the candidate of his choice. The official assisting the voter shall then mark the papers in accordance with the instructions of the voter. (7) The voting shall close at such time as may be fixed for each zone by the Ministry of Economic Development having regard to the number of voters at such zone except that those persons already in the queue shall be allowed to cast their votes even after the closing time. (8) No voter shall be allowed to vote by proxy. 10.–(1) After the poll has closed, the counting of votes shall take place. (2) The Election Clerk shall count the votes slowly and in an audible voice so as to give the recorder sufficient time to record the votes. (3) The Election Clerk shall request the scrutineers to pay close attention to the counting process. He shall hold up each paper until it is properly recorded before putting it aside. (4) The Election Clerk shall have his back turned towards the blackboard when counting the votes. (5) All spoilt votes shall be kept separately and shall not be counted. 11.–(1) The two candidates receiving the highest number of votes in Zone One shall be declared as elected to the Board. (2) The candidates receiving the highest number of votes in each of the other four zones shall be declared as elected to the Board. Toledo Development Corporation [CAP. 285:01 11 (3) In the event of a tie, the matter shall be resolved by the toss of a coin. 12.–(1) Within two days of the conclusion of each election, the Election Clerk shall send a report to the Ministry of Economic Development, with a copy to the Elections and Boundaries Commission in the form set out in the Third Schedule. Reporting of results. Third Schedule. (2) The Chief Elections Officer shall announce the results of the elections on radio and through any other medium as may seem to him appropriate. Complaints about elections. 13. Any complaints about the conduct or result of the elections shall be referred to the Elections and Boundaries Commission and shall be determined by the Chief Elections Officer, whose decision shall be final. 12 SECOND SCHEDULE [Regulation 4] AREAS WITHIN THE ZONE WHERE ELECTIONS SHALL BE HELD Zone One Zone Two Zone Three Zone Four Zone Five Cattle Landing Barranco Big Falls Crique Jute Aguacate Dump Boom Creek Golden Stream Jalacte Blue Creek Elrigdeville Consejo Hicattee Mafredi Corazon Emery Grove Crique Sarco Indian Creek Na Luum Caj Dolores Forest Home Gram Creek Medina Bank Pueblo Viejo Hicattee (Machakilha) Hopeville Midway San Marcos San Antonio Jordon Jacintoville Sunday Wood San Pedro San Jose Mabe Ha Laguna San Pablo San Vicente Otoxha Monkey River* Columbia Santa Cruz San Benito Poite Punta Gorda Silver Creek Santa Elena San Lucas Punta Negra Tambran Santa Theresa San Felipe Genus Santa Ana Pine Hill Crue Trio* Bladen Bella Vista* Esperanza* Trio* Toledo Development Corporation [CAP. 285:01 13 THIRD SCHEDULE [Paragraph 12 of First Schedule] REPORT ON TOLEDO DEVELOPMENT CORPORATION ELECTION OF DIRECTORS Name of Zone .................................................................................. Date of election .............................................................................. Total number of Time of election ........................ votes cast .................................. Total number of Venue of election ...................... spoilt votes............................... Election Clerk ............................. Scrutineers Election Clerk ............................. (1) .......................................... Recorder .................................... (2) ........................................... (3) ........................................... 14 NOMINATIONS FOR MEMBERS OF BOARD Nominees Nominated by Seconded by 1. 2 . 3 . 4 . 5 . 6 . 7 . 8 . 9 . 10 . 11. 12 . ELECTED OFFICERS Name Position No. of Votes Obtained 1. 2. 3. 4. 5. 6. Toledo Development Corporation [CAP. 285:01 15 CERTIFICATE IN CONNECTION WITH CONDUCT OF ELECTION I, _______________ the Election Clerk for the above zone hereby certify that the election was conducted fairly and in accordance with the Regulations, and that the above is the true result of the election. ____________ ___________ Election Clerk Date