Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697807510663.pdf (Jamaica)
JAMAICA v [L.S.]

No.

:<J - 2014 I assent, ~.

)p,C£ , ~__ Governor-General.

:l3--rJ- .J)e~, ~0ILf- I AN ACTm Amend the ReDresentatiqn ofthe People Act.

'llfe-crate notified by the Minister [ brill8i.


the Act into operation ] BE IT ENACTED by The Queen's Most Excellent Majesty, by and with the advice and consent of the Senate and House of Representatives of Jamaica, and by the authority of the same, as follows:­ 1.--(1) This Act may be cited as the Representation ofthe People Short title and (Amendment) Act, 2014, and shall be read and construed as one with constMtion.
the Representation ofthe People Act (hereinafter referred to as the "principal Act") and all amendments thereto, and shall come into operation on such day or days appointed by the Minister by notice in the Gazette.

(2) For the purposes of this section, different days may be appointed for the commencement ofdifferent provisions ofthis Act and for different purposes ofthe same provision.

2 [No. ]

The Representation ofthe People (Amendment) Act, 2014 Amendment of section 2 of principal Act.

2.
Section 2 ofthe principal Act is amended by­ (a) inserting next afterthe definition of"appropriate digit" the following definition­ "authorizedrepresentative",inrelationtoapolitical party means the person named in the application for registration ofthe political partyfor the pmposes of section 52D(2)(b)(iii) as the authorized representative;"; (b) deleting the definitions of"candidate", "candidate at an election" and "election", respectively, and substituting therefor in the appropriate alphabetical sequence the ' following definitions- "candidate" means any person aspiring for or seeking an elected public office who­ (a) is duly nominated by a registered political party or seeks office independently; and (b) has been issued with a certificate of candidaoy,Oy-thcCommission; "certificate of candidady~~' rii~ans the prescribed certificateissued bythe CommissionverifYingthat a candidate has been duly nominated as a candidate; "Commission" means the Electoral Commission of Jamaica established under section 4(1) of the Electoral Commission (Interim) Act; "contribution" or "donation" means­ (a) any gift ofmoney, gift in kind or any other benefit which can be computed intenns ofmoney, given to a political party or a member ofa political party for the purpose of carrying out the activities ofthe political party; and ~ The Representation ofthe People (Amendment) Act, 1014 [No. ]
3 (b) any political party subscription; "Councillor" has the meaning as in section 2 ofthe Pprish Council Ac!

; "election" means-­ (a) for the purposes ofPart VB­ (i) a general election; (n) an election to membership of­ (A) the Council of the Kingston and St. Andrew Corp­ olation; (B) a Parish Council; or (C) a Municipal Coun­ cil; (m) a by-election; and (b) for the purposes ofthis Act, other than Part VB, an election ofa member; ''in~pe.Q.dent candidate" means a candidate who is not .
amember ofOr is not representing a political party and has been issued with a certificate of candidacy; ''memberofthe political partyin good standing" means a member ofa political party whose political party subscriptions are fully paid up; "nominate", for the purposes of Part VB, means to '.
,propose a candidate for an election in accordance with the provisions ofthisAct; "officer", in relation to a political party, means the national chairman, the President or Leader, the general secretary, the chief financial officer, the authorized representative and any other person designated in accordance with the rules ofthe political party as an officer, as a member ofthe 4 [No. ]
The Representation ofthe People (Amendment) Act, 2014 executive committee orofany standingcommittee ofthe political party; "political party" means an association, organization, affiliation or group ofpersons joined to form a political organization for the principal purposes of­ (a) influencingpublicopinion; (b) endorsing one or more ofits members as candidates and supporting their election; and (c) participatinginthe representationofthe people by contesting elections, nominating or endorsing its members as candidates or carrying out other political activities onan ongoingbasis; "political party subscription" means the required dues and fees for membership in a political party made in accordance with the rules ofthe political party; "President" or "Leader", in relation to a political party, means the person duly elected or otherwise appointed to lead and direct the affairs of the political party; "Register ofPolitical Parties" means the register kept and maintained under section 52Y(1); "registered political party" means a political party registered under section 52M; "Registrar ofpolitical Parties" or "Registrar" means the officer ofthe Electoral Office ofJamaica who is designated by the Director ofElections under section 52X; "slogan" includes symbol and motto; "state funding" means the provision by the state of fmancial and other resources to a registered political party.
The Representation o/the People (Amendment) Act, 2014 [No. ]

5 3.

The principal Act is amended by inserting next after Part VA the Insertion of new Part VB in principal Act.

folloWIng as Part VB--- • PART VB.

Registration and Deregistration of " ~ Political Parties Registration ofPolitical Parties Political party to be registered in order to contest elections.
52C.-(1) Notwithstanding any other law, the nomination ofa candidate for the purposes ofPart ill in relation to an election shall not be valid unless the nomination is in respect of a person who is­ (a) a candidate of a registered political party; or (b) an independent candidate, who shall be described as such on the nomination papers.
(2) For the purposes ofsubsection (1 )(a), a person is a candidate ofa registered political party ifat the time ofnomination, a list has been issued to the Director of Elections by or on behalf of the authorized representative ofthe registered political party authorizing that person to stand for election in the name ofthe political party.
52D.-(1) Subject to section 52E, the President or Leader and one other authorized representative of a political party that proposes to operate or function as a registered political party (hereinafter called the "applicant party") shall jointly apply to the Commission for registration of the applicant party as a registered political party.

(2)An application for registration under this section shall be-­ (a) made in the prescribed fonn and manner; and Application for registra­ tion of political party.
6 [No. ]

The Representation ofthe People (Amendment) Act, 2014 (b) accompanied by­ Sixth Schedule.

Seventh Schedule.

(i) two copies ofthe constitution of the applicant party which shall contain provisions with respect to the matters referred to in the Sixth Schedule; (ii) the documents and informa­ tion referred to in the Seventh Schedule; (iii) the name and address of the authorized representative; and (iv) the prescribed fee.
(3) Subject to section 52E, the Commission shall, as soon as is practicable, upon receipt of an application under subsection (1), issue the applicant party with a provisional certificate of registration and thereafter act in accordance with section 520, 52J, 52K or 52L.
(4) Where the Commission notifies the applicant party, in writing, that it requires further information to clarifY or verifY any information contained in an application for registration under this section, the applicant party shall, within such period as the Commission may indicate, provide the Commission with such further information.
(5) Every political party desirous ofregistering with the Commission shall nominate an officerofthe partyto be designated asthe authorized representative who shall be responsible for liaising with the Commission with respect to matters referred to in this Part.

The Representation o/the People (Amendment) Act, 2014 [No. ]

7 Application not to be made during certain periods.

52E.
The Commission shall not accept any application under section 52D during any of the following periods, namely, from the- (a) date ofthe dissolution ofParliament for the holding ofa General Election until the date ofthe next sitting ofParliament; (b) (c) issue ofa writ ofelection or the publication of an order in the Gazette, as the case may be, for a by-election until the day after the member or Councillor, as the case may be, is declared; issue of a Proclamation or an order published in the Gazette as the case may be, for the holding of the election for membership on--­ (1) the Council ofthe Kingston and St. Andrew Corp­ oration; (n) a Parish Council; or (ill) a Municipal Council, until the day after the Councillor or member is declared; or (d) announcement of the holding of a referendum until the day after the referendum is held.
Withdrawal ofapplica­ tion.

52F.

The President or Leader and the authorized representative ofa political party that has made an application under section 520 (1) may withdraw the application, at any time before registration, by sending a written request to that effect to the Commission.

8 [No.

The Representation ofthe People (Amendment) Act.


2014 Objection to regis­ tration, 520.-( 1) Subject to subsection (2), the Commission shall, not later than seven days after the receipt ofan application under section 52D( I ) for registration as a political party, cause a notice ofthe application to be pubHshed in the Gazette and in at least one daily newspaper circulated in Jamaica and in such other manner, as the Commission may determine, at least once in each oftwo successive weeks.
(2) A notice by the Commission under subsection (I)shall­ (a) invite objections from any person to the registration of the applicant party as a political party; (b) stipulate that objection may be made within a period ofthirty days after the date ofthe first publication ofthe notice; (c) indicate­ (i) (ii) the name ofthe political party; the identifYing symbol, slogan or logo used or proposed to be used, by the political party; and (iii) the co lour used or proposed to be used by the political party.
(3) Every person who desires to object under this section to the registration ofa political party, shall give notice in writing to the Commission stating­ (a) his name and address; (b) the ground ofhis objection; and (c) any facts and reasons upon which he relies in support ofthe objection. "

/ The Representation ofthe People (Amendmenl) Act, 2014 [No. ]
9 (4) Except in such exceptional circumstances as may be determined by the Commission in any particular case, an objection under subsection (3) shall not be considered by the Commission ifit is made afterthe expiration ofthe period stipulated inthe notice under subsection (l ).

Treatment ofobjection toapplica­ tion for registration.
52H.--(1) Where the Commission receives an objection under section 520, then, unless pursuant to that section consideration of the objection is not permitted, the Commission shall­ (a) notifY the authorized representative ofthe applicantparty ofthe objection, including the notification information referred to in paragraphs (b) to (c) ofsection 52G(3), and request a written response thereto; and (b) grant the applicant party fourteen days from the date ofreceipt ofthe notification under paragraph (a) notice within which to respond.
(2) The Commission may, after treating with the objection pursuant to subsection (1), cause an inquiry to be made to ascertain whether to­ (a) uphold the objection; or (b) accept the response ofthe applicant party and reject the objection.

(3) Where the applicant party fails to respond to the objection, within the time specified under subsection (1 )(b) or such longer period as the Commission may in the circumstances allow, the Commission may refuse to register the political party.

10 [No.
10 [No.

The Representation ofthe People (Amendment) Act, 2014 Grounds for refusal of registration.
52I.-{1) The Commission may refuse to register an applicant party under this Part on any of the following grounds­ (a) the application was not made in accordance with the provisions ofthis Act or any regulations made under this Act; (b) the particulars submitted with the application are-­ (i) inaccurate in a material way and there is a failure to carry out the required corrections within the time specified under section 52J(1)(b) or such longer period as the Commission may, in writing, determine in any case; (ii) defective and the defects are not corrected within the time specified in section 52J(l)(b); (c) the applicant party has failed to respond in writing to objections made pursuant to section 52G; or (d) the applicant party has a name which, in the opinion ofthe Commission-­ (I) may incite hatred or violence; or (n) is so similar to the name ofa registered political party as to be likely to mislead or confuse members of the public or is otherwise likely to result in confusion.
1'" The Representation ofthe People (Amendment) Act.

2014 [No. ]
11 (2) Where the Commission is considering two or more applications for registration under this Part" and the slogan, colour or name of one of the applicant parties­ (a) is the same as the identifying slogan" colour or name of anyone or more of the other applicant parties; or (b) so closely resembles the slogan, colour or name ofanyone or more ofthe other applicant parties, as the case may be, as to be likely to mislead or confuse members of the public or is otherwise likely to result in confusion, then, the Commission may, after taking into account the totality of the circumstances, including the history ofeach applicant party and the time at which each applicant party submitted its application determine which applicant party, ifany, shall have the right to use the slogan, colour or name, and ifit is unable to so determine, the Commission shall, in writing, notify the authorized representative of each applicant party of its refusal to register each applicant party as a political party in the circumstances.
52J.-(1) Where an application for registration under section 52D is defective, the Commission shall, no later than fourteen days after receipt of the application­ (a) notify the authorized representative ofthe applicant party in writing ofthe defect; and (b) grant the applicant party fourteen days from the date of receipt of the notice Defective application.

12 (No. ]
12 (No. ]

The Representation ofthe People (Amendment) Act, 2014 under paragraph (a), or such longer period as the Connnission may in writing determine, to correct the defect.

(2) For the purpose of subsection (1), an application is defective it=­ (a) it is incomplete; or (b) particulars submitted pursuant to section 520 are inaccurate.
(3) Where there is a defect in an application for registration as a political party and the defect is not cured, within the fourteen days specified in subsection (1)(b) or such longer period referred to therein, the application shall be deemed to have been withdrawn.

Investiga­ tion by C0m­ mission.

52K.-( 1) The Commission may cause an investigation to be carried out to ascertain the truthfulness or accuracy ofthe.particulars submitted with an application pursuant to section 520.
(2) Where, pursuant to an investigation under subsection (1), the Commission makes a preliminary finding that particulars submitted with the applicationare materiallyfalse, the Commissionshall­ (a) notifY the authorized representative ofthe applicantpartyinwritingofthepreliminmy finding; and (b) grant the applicant party fourteen days, or such longer period within which to respond to the Commission, as the Commission may in the circumstances allow.
The Representation ofthe People (Amendment) Act, 2014 [No. ]

13 (3) The Commission shall refuse to register the applicant party, where­ (a) after considering the response of the applicant party, the Commission is satisfiedthatparticulars submitted with the application for registration are materially false; or (b) the applicant party fails to respond to the preliminmyfindingwithinthetimegranted under subsection (2)(b), or such longer period referred to therein.

Re-application pennilted after wilhdrawal.


52L.

Where under section 52J an application is deemed to be withdrawn that shall not restrict the applicant party from substituting a new application for registration.

Registra­ tionaf political parties.
52M.-(1) The Commission shall register a political party if it is satisfied that- (a) the applicant party has met the requirements of this Act or any regulations made under this Act; (b) the name and any slogan or logo used or proposed to be used by the applicant party­ (i) does not so resemble the name, slogan or logo of a registered political party that it would, in the opinion of the Commission, be likely to be confused with it; or (ii) the applicant party has provided the information required under this Act and that the information is accurate.
14 [No. ]

The Representation ofthe People (Amendment) Act.
2014 (2) Upon registration ofan applicant party as a political party, the Commission shall­ (a) notifY the authorized representative ofthe applicant party of its registration as a political party under this Act; and (b) issue to the registered political party, a certificate ofregistrationin the prescribed form (3) Where the Commission registers a political party under this Act, it shall publish the fact of the registration ofthe political party in the Gazette.
(4) A notice of registration of a political party shall speci(y­ (a) the name; (b) any identifYing symbol, slogan or logo; and (c) any colour, proposed to be used by the political party.

S2N.

The effective date of registration of an applicant party as a political party under this Act shall be the date on which the Commission issues the certificate of registration under this Part in respect ofthe political party.

Deregistration ofPolitical Party 520.


Upon an application for deregistration beingjointly made in the prescribed manner by the President or Leader and the authorized representative ofa registered political party, the Commission may deregister the registered political party in accordance with the provisions ofthis Act.

Effective date of registra­ tion.

\t)luntary deregistra­ tionof registered political party.

The Representation ofthe People (Amendment) Act, 2014 [No. ]

IS Commission S2P.
IS Commission S2P.

Subject to the provisions of this Act, the ::rs=:ster Commission may deregister a registered political political party.
party- (a) where the party fails to­ (i) (Ii) (Iii) (Iv) comply with any provision or requirement ofthis Act or any regulations made under this Act; file with the Commission any information reasonably re­ quired by the Commission to claritY orveritY the information contained in a statement or return or any other information filed by the political party under this Act; submit the annual financial reports in accordance with section S2AE(1); submit the fmancial records to the auditor pursuant todirections from the Commission under section S2AF(3); (b) where the Commission discovers any fact, which had it been known prior to the issuance ofthe certificate ofregistration.
the Commission would have refused to register the political party; (c) where the political party has not nominated a candidate for three consecutive elections (other than by­ '­ ]6 [No. ]

The Representation ofthe People (Amendment) Act, 2014 Notice of proposal to deregister.
elections) since the time of its first registration under this Act as a political party; or (d) where the political party has made any changes or alterations to its identifYing slogan, colour or name, otherwise than in accordance with this Act.
52Q.-(I) Where the Commission proposes to deregister a registered political party under section 52P, the Commission shall send written notice in accordance with subsection (2) of the proposed deregistration by registered mail to the President or Leader and the authorized representative ofthe political party, and anyone ofthe persons so named may, within thirty days ofreceiving the notice from the Commission, file a written objection to the proposed deregistration.
(2) The notice under subsection (l ) shall specifY the reason for the proposed deregistration and the time period­ (a) for objection to the deregistration to be lodged as specified under subsection (1 ); (b) for rectificaticm under section 52R to be made where possible.

Avoiding deregistratiOn.

52R.

A registered political party may, within sixty ~s of receiving the notice of its proposed .
deregistration, where possible, rectifY the breach F ~pecified fn the notice; and where the Commission , is,.tisfied that the breaCh has been rectified, the Commission shall not <teregister the political party.

Meeting concerning proposed deregis­ tration.

52S.

Where a registered political party files a written objection to its proposed deregistration, the Commission shall provide an opportunity for The Representation ofthe People (Amendment) Act, 2014 [No. ]
17 the President or Leader and the authorized re­ presentative ofthe political party to meet with the Commission forthe purpose ofchallenging the grounds for the proposed deregistration.

Decision concerning deregistra­ tionafter meeting with political party representatives.

52T.
52T.

Where a meeting is held under section 52S and the Commission is satisfied that the circumstances ofthe registered political party fall within one or more ofthe grounds for deregistration specified in section 52P, the Commission may deregister the political party.

Noderegis­ tration during campaign period.

.

Effective date of deregis­ tration.

Notice of deregis­ tration.

52U.


The Commission shall not deregister a registered political party during the period starting from the date ofannouncement ofan election to the date ofthe election.

52Y.

The effective date of deregistration of a registered political party is the date on which a notice of deregistration pursuant to section 52W appears in the Gazelle.

52W.

The Commission shall cause a notice of the deregistration ofa registered political party to be published in the Gazelle.
Office ofthe Registrar ofPolitical Parties Office ofthe Registrar ofPolitical Parties.

52X.-(1) There shall be a division of the Commission to be known as the Office of the Registrar of Political Parties.

(2) The Director of Elections shall designate an officer of the Electoral Office of Jamaica to be the Registrar of Political Parties.

(3) The Office of the Registrar of Political Parties shall be under the day-to-day management ofthe Registrar.
(4) The Registrar shall­ (a) receive and process applications for the registration of political parties and 18 [No. ]
The Representation ofthe People (Amendment) Act, 2014 forward them to the Commission for consideration; (b) verify the particulars ofpolitical parties submitted either with an application for registration or periodically and in that regard may request the official records of registered political parties; (c) keep and maintain an up-to-date register; and (d) perform such other functions as the Commission may determine.
Register of Political Parties, 52Y.-{l) For the purposes of this Part, there shall be established a Register ofPolitical Parties.
(2) The Register may be kept electronically and shall contain the following particulars in relation to every registered political party­ (a) the name ofthe political party and the party's address for correspondence; (b) the date of its application for registration under this Act; (c) the registration number and the date appearing on the certificate of registration issued under section 52M(2)(b) to the political party; (d) the name and address of-­ (i) (Ii) the President or Leader; the person holding each ofthe offices recognized by the rules of the political party; and (Iii) the authorized representative; and (e) such other information as may 'be prescribed.
The Representation ofthe People (Amendment) Act, 2014 [No. ]

19 Correction of Register of Political Parties.

(3) The Register shall be open to inspection by any member of the public at the offices ofthe Commission at all reasonable times and shall also be available for inspection on a website maintained by the Commission.
(4) A copy of an entry in the Register certified by the Registrar as a true copy of the original entry shall, for the purposes of any law, be prima facie evidence of the facts stated in the certificate.
52Z.--{l) It shall be the duty of the Registrar to-­ (a) recommend to the Commission the removal ofany entry from the Register; (b) amend the Register in accordance with the directions ofthe Commission; (c) correct in accordance with the Commission's directions, any entry in the Register which the Commission directs him to correct as being, in the opinion of the Commission, an entry which was incorrectly made or has become inaccurate; and (d) make, from time to time, any necessary alterations in any of the particulars mentioned in section 52Y.
(2) Where the Commission takes any action WIder subsection (1), the Commission shall, as soon as practicable, by notice in writing, inform the political party concerned of any action taken and the reasons for such action.

(3) A registered political party shall, as soon as is practicable, inform the Commission by notice inwriting ofany­ (a) error inthe Register ofwhich it is aware as it relates to its registration; and 20 [No. ]
The Representation o/the People (Amendment) Act, 2014 (b) change in the infonnatton entered in the Registerthat relate to the political party.

Changes or Alterations Changes or alterations to identifying symbols, etc.

52AA.-{I)A registered political party shall not make any changes or alteration to its name or any material changesto any identifying symbol, slogan.

or colour except in accordance with this section.


(2) Before making any changes or alterations referred to in subsection (1), a registered political party shall apply in the prescribed form and manner tothe Commission for approval ofthe change or alteration.
(3) The ComrnissionshaJ.4within fourteen days ofthe date ofreceipt ofthe application, cause a notice of the proposed change or alteration to be published in the Gazette and in a daily newspaper circulated in Jamaica and in such other manner as the Commissionmay determine, inviting objections from any person, within a period ofthirty days from the date of publication of such notice concerning the change or alteration.
(4) The Commission may, in addition to inviting objections to the application under subsection (3), cause an inquiry to be made to ascertain whether the change or alteration should be approved.
(5) A change or alteration shall be approved by the Commission within sixty days after publication ofthe notice under subsection (3), or such longerperiod as the Commission may determine, if:­ (a) any objection made to the change or alteration pmsuant to subsection (3) isnot upheld by the Commission; " The Representation ofthe People (Amendment) Act, 2014 [No. ]
21 (b) the change or alteration is not such that had it been part of the particulars for registration ofthe political party it would have caused the application to have been refused; or (c) any inquiry by the Commission pursuant to subsection (4) does not satisfy the Commission that the application should be refused.

Objection to change or alterations.


52AB.-(1) Where the Commission receives an objection within thirty days ofthe publication ofa notice under section 52AA(3), the Commission shall­ (a) notify the authorized representative of the applicant political party of the objection; and (b) grant the political party fourteen days within which to respond.
(2) Where­ (a) after considering the response of the political party, the Commission upholds the objection; or (b) the political party fails to respond to the objection within the time specified in subsection (l)(b) and the Commission considers the objection to be persuasive, Inquiry by Commission.

the Commission shall refuse the applicatien to amend the Register.
52AC.-(1) Where, pursuant to an inquiry under section 52AA(4), the Commission makes a preliminary determination that the change or alteration applied for by a registered political party 22 [No. ]

The Representation ofthe People (Amendment) Act, 2014 should not be made to the Register, the Commission shall­ (a) notifY the authorized representative ofthe registered political party in writing ofthe preliminaty detennination; and (b) grant the political party fourteen days within which to respond.
(2) Where­ (a) after considering the response of the political party, the Commission determines that the Register ofPolitical Parties should not be amended; or (b) the political party fails to respond to the findings within the time granted under subsection (l)(b), the Commission shall refuse to change or alter the Register.

Accounts, Returns and Audit ofRegistered Political Parties Duty to keep accounting records.
52AD.-(I) The executive officers of every registered political party shall­ (a) cause to be kept and maintained proper accounts with respect to the party which­ (i) are sufficient to disclose, with reasonable accuracy, at any time the financial position of the political party; (Ii) conform to established accounting principles; The Representation ofthe People (Amendment) Act, 2014 [No. ]
23 (b) nominate an officer of the party to be designated as the "accountable officer", who shall­ (i) certify all returns and financial statements; (n) be responsible to the Commission for all financial affairs ofthe political party; (c) cause to be filed with the Commission an annual financial report ofthe party; and (d) cause notification to be provided to the Commission ofall financial institutions in which the party maintains accounts and the nature and purpose of the accounts.
(2) The accounting records made for the purposes of this section shall be kept by the political party for at least six years from the end of the financial year in which they are made.

52AE.-(I) Every registered political party Duty to submit annual returns.
shall, on or before the 1 st day of April in every year, prepare and submit to the Commission for the preceding financial year ofthat political party­ (a) an annual financial report prepared by a registered public accountant; (b) a statement showing the sources ofthe funds ofthe political party.

(2) A copy of the report and of the statement made for the purposes ofsubsection (1) shall be kept by the political party for at least six years from the end ofthe financial year in which they are made.

24 [No.
24 [No.

1 The Representation ofthe People (Amendment) Act, 2014 (3) Every person who wilfully makes, or causes to be made, any false entry in, or omission from­ (a) any report or statement under subsection (1); or (b) the accounting records referred to in section 52AD(1)(a), commits an offence and shall be liable on summary conviction in a Resident Magistrate's Court to a fine not exceeding one million dollars or to imprisonment for a term not exceeding twelve months or to both such fine and imprisonment.
Power of Commission to appoint auditor to audit accounts.

52AF.-{1) Notwithstanding section 52AE, the Commission may cause the accounts ofa political party to be audited by an independent auditor appointed by the Commission.

(2) The fees and expenses ofan auditor appointed by the Commission pursuant to subsection (l) shall be paid by the Commission.
(3) Where the Commission appoints an auditor under subsection (1), the political party shall, within such time as the Commission may, in writing, direct, submit all relevant financial records to the auditor.

State Funding ofPolitical Parties 52AG.-(1) Every registered political party that­ (a) meets the requirements of section 12(1); (b) has its annual financial statement independently audited by a registered public accountant within the meaning State funding ofpolitical parties.
The Representation ofthe People (Amendment) Act, 2014 [No. ]

25 ofsection 2 ofthe Public Accountancy Act and submitted to the Cotnmission within one hundred and twenty days of the end of the financial year of the registered political party, shall be entitled in each financial year to receive as state funding the sums ofmoney referred to in this section.
(2) Subject to subsections (3), (4) and (6), for the purposes ofthis Act the amount approved by Parliament for state funding shall be divided equally among the political parties that qualifyto receive state fuOOing.

(3) Where a registered political party has .


decided not to receive the moneys entitled to it under this section, those moneys shall be retained in the Consolidated Fund and accordingly shall not be available for division among other registered political parties entitled to receive state funding.

(4) A registered political party shall not receive as state funding in any financial year more than forty per cent ofits income for the previous financial year.
(5) For the purposes ofsubsection (1 Xa), no account shall be taken ofvotes cast for anyone or more persons who stood as independent candidates at an election but who subsequently form or join a political party. '
(6) Notwithstanding any other provision ofthis Act, state funding shall not be available in any financial year to a registered political party that has been formed in the previous financial year by five or more Members of Parliament who contested as independent candidates or candidates ofa registered political party at a general election.

26 [No. ]
26 [No. ]

The Representation ofthe People (Amendment) Act, 2014 (7) As soon as is practicable after the allocation offunds, the Commission shall pay to each political party the moneys it is entitled to receive pursuant to this Act, out of funds approved by Parliament for the purposeofstate funding, and made available to the Consolidated Fund (8) Nothing in this Act shall preclude any political party from lawfully obtaining moneys or benefits from sources other than the state.

Allocation of state funding.


party shall be used solely and exclusively for­ 52AH.
The funds allocated to a registered political (a) the development ofthe political party; (b) the off-setting ofthe operating expenses ofthe political party that is to say­ (I) (n) (m) its headquarters; the salaries of party administrators; electricity, water and telephone bills; (c) party recruitment and civic education; (d) research and policy development ofthe political party; (e) education and training ofmembers ofthe political party; and (f) other reasonable logistical and operating expenses to strengthen the political party as a democratic in$titution.
Obligations of registered political party that qualifies for state funding.

52Al.-(1) Every registered political party that qualifies for state funding shall- (a) hold elections ofofficers as prescribed by its constitution; The Representation ofthe People (Amendment) Act, 2014 [No. ]
(b) maintain and submit annually to the Commission, on the anniversary ofits registration, a current list of­ (i) (Ii) all officers; all members ofthe executive committeeor members ofthe party with equivalent status; (m) Members ofParliament and Councillors; (iv) candidates for election, caretakers or chairpersons foreach constituencywhoare inplace; (c) submit to the Commission the names of all affiliates that the party funds and a list ofall persons who are officersofthe party affiliates; (d) submit annual budgets to its members at its annual genern1 meeting; (e) submit audited financial statements to its members at its annual general meeting; (t) keep such books, documents or records as may be prescribed.
(2) A registered political party that qualifies for statefimding shallbe entitledto receive state fimding ifthe party­ (a) complies with the provisions ofthis Part and any regulations made under this Part; 28 [No. ]
The Representation ofthe People (Amendment) Act, 2014 (b) has not provided any infonnation that is false in a material particular to the Conunission inany ofthe documents the party is required to submit to the Commission; (c) submits to the Commission, forthwith, on the prescribed fonns, any changes made with respect to the infonnation provided in its application for state ftmding.

Suspension of S2AJ.-(1) Where a political party that has state funding.
received state funding­ (a) fails to comply with its obligations under this Act; or (b) submits infonnation to the Conunission that contains or is based on a false or misleading representation or in­ fonnation which is false in a material particular, it ceases to be entitled to receive state funding in accordance with section S2AI(2), and the Commission may suspend the payment of state funding to that political party in accordance with this section.
(2) Before suspending the payment ofstate funding to a political party under subsection (1), the Commission shall notify the political party in writing ofthe proposed suspension-­ (a) stating the reason therefor; and (b) requiring the political party, inthe case of a breach, to remedy the breach within fourteen days or such longer time as may be specified in the notification.

The Representation ofthe People (Amendment) Act.

2014 [No. ]
2014 [No. ]

29 (3) A political party that is served with a notice under subsection (2) shall, after remedying the breach which gave rise to the suspension, notify the Commission in writing that the breach has been remedied.

(4) The Commission shall, upon receipt ofa notice referred to in subsection (3), satisfy itself that the breach has been remedied, and ifso satisfied, it shall withdraw the notice ofsuspension.
52AK.-{1) The Commission may disqualify a Disqualification ftom receiving political party from receiving state funding if it is state funding.
satisfied that­ (a) the political party has ceased to be entitled to receive state funding in accordance with section 52Al(2); (b) the Commission has exercised its power of suspension under section 52AJ; and (c) the political party has failed to remedy the breach which gave rise to the suspension ofstate funding, within the time specified in a notice under subsection (2) ofthat section.
(2) Before disqualifying a political party under subsection (I), the Commission shall notify the political party in writing of the proposed disqualification stating the reasons therefor.

52AL, The Commission shall keep such records Commission to keep records.

ofstate funding granted under this Act as may be prescn'bed"" 4.
Section 104 ofthe principal Act is amended by inserting next AmendrncDtof =~C::f after subsection (1) the following as subsection (IA)- (lA) The Commission may make regulations, subject to " affirmative resolution, for the purposes ofgiving effect to the 30 [No. ]

The Representation ofthe People (Amendment) Act, 2014 Insertion of new Sixth and Seventh Schedules in principal Act.
provisions ofPart VB and in particular, but without prejudice to the generality ofthe foregoing, such regulations may contain provisions in relation to­ (a) the conduct and operation ofpolitical parties; (b) prescribing the form of application for registration of a political party; (c) the form and manner in which records ofdonations shall be kept by political parties; (d) keeping of records of state funding by political parties; and (e) the manner and form ofsubmitting annual financial reports and statements.".
5.

The principal Act is amended by inserting next after the Fifth Schedule the following as the Sixth and Seventh Schedules­ " 1.

2.

3.

4.

S. 6.

7.

8.

9.

SIX1lI 8cHEooLE (Section S2D (2» Content of the Written Constitution of a Political Party Applying for Registration The full name of the political party.

The aims and objectives of the political party (the principal objective of which shall be to contest elections).

The qualifications for membership of the political party.
The rights and duties of members.

The responsibilities of the political party toward its members.

The process for maintaining internal discipline and the resolution of disputes within the political party.

Provisions for the election of officers.

The admission and dismissal of members.

The titles ofall officers and the duration oftheir terms ofoffice.

10.

The persons eligible to vote in elections for officers.

11.

The procedures for selection or election of delegates for party conferences.
The RepresenJation ofthe People (AmendmenJ) Act, 20/4 [No. ]

31 SEVENm SCHEDULE (Section 52D) Information to be Furnished to the Commission on Application to Register a Political Party 1.
A declaration made under the Voluntary Declarations Act containing the following information­ (a) the name of the political party as stated in its constitution; (b) any slogan and logo of the political party; (c) the colours ofthe political party, ifany; (d) (e) (f) (g) (h) the address of the head office of the political party where records are maintained and to which communications may be addressed; a certificate by the General Secretary of the political party stating the names and contact details ofpersons holding each ofthe offices recognized in accordance with the rules of the party; the name and contact details ofthe appointed auditor ofthe political party; the names and addresses of the five hundred electors who have signed the declaration pursuant to paragraph 2; such other relevant information as may be reasonably required by the Commission in order to substantiate the information referred to in the preceding sub-J>Il;I1lgraphs.
2.

A declaration in the prescribed form signed by five hundred electors stating the names and addresses of those electors.

3.

A statement in writing in the prescribed form from the auditor referred to in paragraph 1, confmning the acceptance of the appointment as auditor of the political party.

4.

An undertaking by the political party.


jointly executed by the President or Leader, Chairman and General Secretary ofthe political party, to be bound by the provisions of this Act and any political code of conduct prescribed under this Act or any other enactment.".

32 [No. ]

The Representation o/the People (Amendment) Act, 2014 Amendment of Electoral Commission (Interim) Act.

6.
Section 6(1) of the .gleetoral Commission (Interim) Aet is amended by­ (a) deleting the full stop appearing at the end ofparagraph (0) and substituting therefor a semi-colon; and (b) inserting next after paragraph (0), the following­ "(P) to receive applications of political parties for registration; (q) to issue certificate of registration to political parties; (r) (s) (t) (u) (v) to direct the making of am<mdments to the Register of Political Parties; to receive the annual reports and statements of accounts ofregistered political parties; to cause audits ofthe accounts, ofa registered political party to be done where it appears to be necessary; to make payments to registered political parties that qualify for state funding out of funds allocated by Parliament for that pwpose; to do such other things as will ensure the proper registration, funding and supervision of the conduct of registered political parties.".
Passed in the House ofRepresentatives this 14th day of October 2014 with eight (8}amendments.

MICHAEL A. PEART Speaker.

Passed in the Senate this 5th day ofDecember 2014 with six (6) amendments.

FLOYD E. MORRIS President.

The Representation ofthe People (Amendment) Act, 2014 (No. ]

33 On the 9th day ofDecember, 2014 the House ofRepresentatives agreed to the amendments by the Senate.

LLOYD B. SMITH Deputy Speaker.


-' This printed impression has been carefully compared by me with the authenticated impression of the foregoing Act, and has been found by me to be a true and correct printed copy ofthe said Act.

r rtJd,1 IIe:.

~ke "-""'-Clbk to the Houses ofParliament.