Polls

(1) Where the Tripartite Body conducts a poll under section 28 or section 38 of the Act, the following rules shall apply, namelyCAP. 304. (a) an official representative of the Tripartite Body directly responsible for the taking of the poll shall be the presiding officer; (b) the other two members of the Tripartite Body present shall be poll clerks; (c) the presiding officer and the poll clerks shall make themselves knowledgeable of the agreement and rules under which the poll shall be taken; Organisations (Registration, 18 Recognition and Status) (d) the presiding officer shall submit a certificate to the Tripartite Body at least twelve hours before the poll certifying that– (i) ballot papers were properly examined by the presiding officer and the poll clerks to detect tampering if any; (ii) ballot boxes were properly examined by the presiding officer and the poll clerks and were found to be adequately constructed; (iii) presiding officer and the poll clerks understand the agreement and rules under which the poll shall be taken; (e) the presiding officer in charge of each polling station shall have in his possession a copy of the voters’ list, certified as correct by the trade unions and the employer; (f) every person whose name appears on the voters’ list shall be permitted to vote; (g) the presiding officer shall provide all the necessary stationery and other items including pencils, ballot papers, sealing wax, red tape, and twine for use at the poll; (h) the presiding officer shall assume responsibility for the custody of the ballot boxes and ballot papers to prevent tampering; (i) the presiding officer shall not allow more than one observer for each trade union and the Organisations (Registration, Recognition and Status) 19 employer to be present in the polling station during the taking of the poll; (j) ballot papers shall be carefully and openly counted by the presiding officer in the polling station before the commencement of the poll, and unused ballot papers shall likewise be counted at the close of the poll; (k) the presiding officer shall account for every ballot paper at the close of the poll; (l) the presiding officer shall ensure that the rooms where voting will take place at the polling station are hygienic, with enough light and are arranged and equipped in such a way that each voter shall be screened from public observation and may mark his ballot paper in private and without interference or interruption; (m) the pencils supplied to mark the ballot papers shall be securely fastened to a table, the wall or other immovable structure before the poll; (n) the voting may proceed even in the absence of the observers; (o) each observer shall present to the presiding officer before the commencement of the poll a letter from the organisation which appointed him as such; (p) just before the commencement of voting, the ballot box shall be carefully checked by the presiding officer to ensure that it is empty, and Organisations (Registration, 20 Recognition and Status) observers shall be allowed by the presiding officer immediately thereafter to likewise check and inspect the ballot box, after which the ballot box shall be locked and the key shall be, sealed in an envelope which shall be kept by the presiding officer throughout the poll; (q) the presiding officer shall direct and ensure that not more than one voter at a time is permitted to enter the room where the poll is being held. Upon admission into the room, the voter shall declare his name and state whether he requires any assistance from the poll clerks. The clerks shall then ascertain if the name of the voter is in the voters’ list and tick it off, and the voter shall then be handed a ballot paper which is stamped in the voter’s presence to verify that the ballot paper was handed out. Ballot papers shall not be stamped in advance of the poll; (r) the voter shall show the presiding officer the stamped portion of the ballot paper and shall not be allowed by the presiding officer to show his ballot paper to any other person nor be asked by any person for whom he voted, and the voter shall leave the room immediately after casting his vote; (s) no voters’ list in the custody of the presiding officer shall in any way be altered by having any names added thereto or deleted therefrom, except for minor typographical mistakes; (t) the employer shall be responsible for preparing the voters’ list, which shall be Organisations (Registration, Recognition and Status) 21 inspected by the trade unions and initialed by them before being handed over to the custody of the presiding officer; (u) if a voter inadvertently spoils the first ballot paper handed to him, he may so inform the presiding officer and obtain a second ballot paper after handing over the spoiled ballot paper to the presiding officer, who shall immediately in the view of the polling clerks and the observers, if any, deface the spoiled ballot paper by writing across it the words “spoiled” in red ink and the presiding officer shall place the defaced and spoiled ballot paper in an envelope specially kept by him for that purpose; (v) the presiding officer shall be responsible for ensuring that voters are not molested, obstructed or interfered with within the polling station, and may if he thinks it necessary call on the aid of the Belize Police Department to be present at the poll to maintain law and order; (w) at the conclusion of the poll, the ballot boxes shall be opened one at a time by the presiding officer in the presence of the polling clerks, trade union officials, and officials of the employer, if any, and the counting of the votes shall commence immediately. The presiding officer and the polling clerks shall count the votes; and Organisations (Registration, 22 Recognition and Status) (x) after the conclusion of the counting of the votes, the presiding officer shall furnish a certificate to the Tripartite Body showing– (i) the total number of employees who voted in the poll; (ii) the total number of employees who voted for each union in the poll; (iii) the total number of employees who did not vote at the poll; (iv) the number of spoiled ballot papers; (v) the percentage of the votes cast. (2) The Tripartite Body shall declare the winner of the poll immediately, if any, after the closure and counting of all the ballot papers and the receipt of the certificate from the presiding officer.