Elections and Boundaries Commission

(1) There shall be an Elections and Boundaries Commission which shall consist of a Chairperson and four other members who shall be persons of integrity and high national standing. (2) The Chairperson and two other members of the Elections and Boundaries Commission shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister given after consultation with the Leader of the Opposition, and the remaining two members shall be appointed by the Governor-General, acting in accordance with the advice of the Prime Minister given with the concurrence of the Leader of the Opposition, Provided that in the process of consultation with the Leader of the Opposition for the appointment of the Chairperson, the Prime Minister shall use his best endeavours to secure the agreement of the Leader of the Opposition. (3) No person shall be qualified to be appointed as a member of the Commission if he is a member of the National Assembly or if he holds or is acting in any public office. 105 (4) If any member of the Commission dies or resigns, the Governor-General shall appoint another person in his place in the same manner in which such member was appointed. (5) Subject to the provisions of this section, the office of a member of the Commission shall become vacant, (a) at the expiration of five years from the date of his appointment; or (b) if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such. (6) A member of the Commission may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of mind or body or from any other cause) or for misbehavior, and shall not be so removed except in accordance with the provisions of this section. (7) A member of the Commission shall be removed from office by the Governor-General if the question of the removal of that member from office has been referred to the Belize Advisory Council in accordance with the next following subsection and the Belize Advisory Council has advised the Governor-General that the member ought to be removed from office for inability as aforesaid or for misbehavior. (8) If the Prime Minister represents to the Governor- General that the question of removing a member of the Commission under this section ought to be investigated, then, (a) the Governor-General shall refer the matter to the Belize Advisory Council which shall sit as a tribunal in the manner provided in section 54 of this Constitution; and 106 (b) the Belize Advisory Council shall enquire into the matter and report on the facts thereof to the Governor-General and advise the Governor-General whether that member of the Commission should be removed under this section. (9) If the question of removing a member of the Commission from office has been referred to the Belize Advisory Council under the preceding subsection, the Governor-General may suspend the member from performing the functions of his office, and any such suspension may at any time be revoked by the Governor-General and shall in any case cease to have effect if the Belize Advisory Council advises the Governor-General that the member should not be removed (10) If the office of a member of the Commission is vacant or a member is for any reason unable to perform the functions of his office, the Governor-General may appoint another person in the same manner in which such member was appointed, to act as a member of the Commission, and any person so appointed shall, subject to the provisions of subsections (6), (7), (8) and (9) of this section, continue to act until he is notified by the Governor-General that the circumstances giving rise to the appointment have ceased to exist. (11) A member of the Commission shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and office. (12) The Commission may regulate its own procedure and, with the approval of the Governor-General given in accordance with the advice of the Prime Minister, confer powers or impose duties on any public officer or authority of the Government for the purpose of the discharge of its functions. 107 (13) The Commission shall be responsible for the direction and supervision of the registration of voters and the conduct of elections, referenda and all matters connected therewith. (14) In the exercise of its functions, the Commission shall not be subject to the direction or control of any other person or authority and shall, subject to the provisions of this Constitution, act in accordance with the Representation of the People Act, Cap. 9, or any other law, rule or regulation relating to elections.