1. This Law may be cited as the Elections (President and Vice-President of the Republic) (Supplementary Provisions) Law, 1959.
2.-(1) In this Law, unless the context otherwise requires-
"ballot paper" means any paper used or intended to be used for the purpose of voting under the Elections (President and Vice-President of the Republic) Law, 1959;
"Communal Chambers" means the Greek Communal Chamber and the Turkish Communal Chamber to be established under the Constitution;
"election" means an election of the President or an election of the Vice-President;
"Election Judge" means the Chief Justice or the Senior Puisne Judge, or a Judge nominated by the Chief Justice:
Provided that any Judge so nominated shall belong to the same community as the electors at the election in question;
"election petition" means an election petition under section 13;
"House of Representatives" means the House of Representatives to be established under the Constitution;
"Judge" means a Judge of the Supreme Court or a President of a District Court;
"the principal Law" means the Elections (President and Vice-President of the Republic) Law, 1959, as amended from time to time;
"Supreme Court" means the Chief Justice or a Judge of the Supreme Court nominated by the Chief Justice.
(2) Subject to sub-section (1), and unless the context otherwise requires, words and expressions contained in this Law shall have the meaning assigned to them in the Elections (President and Vice-President of the Republic) Law, 1959.
4. Any person who at an election for the purpose of voting falsely represents himself to be some other person, whether that other person is living or dead or is a fictitious person, or applies for a ballot paper in the name of some other person, whether that name be that of a person living or dead or is a fictitious person, or having voted at such election, applies at the same election for a ballot paper in his own name, shall be guilty of the offence of personation.
5. Any person who, corruptly, by himself or by any other person, either before, during or after an election, directly or indirectly, gives or provides or causes to be given or provided, or is accessory to the giving or providing, or pays or engages to pay wholly or in part the expenses of giving or providing any meat, drink, refreshment, entertainment or provision, or any money or ticket, or other means or device to enable the procuring of any meat, drink, refreshment, entertainment or provision, to or for any person for the purpose of corruptly influencing that person or any other person to give or refrain from giving his vote at such election, or on account of any such person or any other person having voted or refrained from voting or being about to vote or refrain from voting at such election, and every elector or person who corruptly accepts or takes any such meat, drink, refreshment, entertainment or provision or any such money or ticket or who adopts such other means or device to enable the procuring of such meat, drink, refreshment, entertainment or provision shall be guilty of the offence of treating.
6. Any person who directly or indirectly, by himself or by any other person on his behalf, makes use of or threatens to make use of any force, violence or restraint, or inflicts or threatens to inflict, by himself or by any other person, any temporal or spiritual injury, damage, harm or loss upon or against any person in order to induce or compel such person to vote or refrain from voting, or on account of such person having voted or refrained from voting at any election, or who, by abduction, duress or any fraudulent device or contrivance, impedes or prevents the free exercise of the vote of any person, or thereby compels, induces or prevails upon any person, either to give or refrain from giving his vote an any election, shall be guilty of the offence of undue influence.
7. The following persons shall be deemed guilty of the offence of bribery-
(a) every person who, directly or indirectly, by himself or by any other person on his behalf, gives, lends, or agrees to give or lend, or offers, promises, or promises to procure or to endeavour to procure, any money or valuable consideration to or for any elector, or to or for any person on behalf of any elector or to or for any person, in order to induce any elector to vote or refrain from voting, or corruptly does any such act as aforesaid on account of such elector having voted or refrained from voting at any election;
(b) every person who, directly or indirectly, by himself or by any other person on his behalf, gives or procures, or agrees to give or procure, or offers, promises, or promises to procure or to endeavour to procure, any office, place or employment to or for any elector or to or for any person on behalf of any elector, or to or for any other person, in order to induce such elector to vote or refrain from voting, or corruptly does any such act as aforesaid on account of any elector having voted or refrained from voting at any election;
(c) every person who, directly or indirectly, by himself or by any other person on his behalf, makes any such gift, loan, offer, promise, procurement or agreement as in this section aforesaid to or for any person in order to induce such person to procure or endeavour to procure the return of any person, or the vote of any elector at any election;
(d) every person who upon or in consequence of any such gift, loan, offer, promise, procurement or agreement procures or engages, promises or endeavours to procure, the return of any person, or the vote of any elector at any election;
(e) every person who advances or pays or causes to be paid any money to or to the use of any other person with the intent that such money or any part thereof shall be expended in bribery at any election, or who knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any election;
(f) every elector who, before or during any election, directly or indirectly, by himself or by any other person on his behalf, receives, agrees, or contracts for any money, gift, loan or valuable consideration, office, place or employment, for himself or for any other person, for voting or agreeing to vote or for refraining or agreeing to refrain from voting at any election;
(g) every person who, after any election, directly or indirectly, by himself or by any other person on his behalf, receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced, any other person to vote or to refrain from voting at any election;
(h) every person who directly or indirectly, by himself or by any other person on his behalf, on account of and as payment for voting or for having voted or for agreeing or having agreed to vote for any candidate at an election, or on account of and as payment for his having assisted or agreed to assist any candidate at an election, applies to such candidate, or to any agent of such candidate, for the gift or loan of any money or valuable consideration, or for the promise of the gift or loan of any money or valuable consideration or for any office, place or employment or for the promise of any office, place or employment;
(i) every person who, directly or indirectly, by himself or by any person on his behalf, in order to induce any other person to agree to be nominated as a candidate or to refrain from becoming a candidate or to withdraw if he has become a candidate, gives or procures any office, place or employment or agrees to give or procure or offers or promises to procure or to endeavour to procure any office, place or employment to or for such other person, or gives or lends, or agrees to give or lend, or offers, or promises
to procure or to endeavour to procure any money or valuable consideration to or for any person or to or for such other person, or to or for any person on behalf of such other person.
8.-(1) Any person who-
(a) commits the offence of personation, or aids, abets, counsels or procures the commission of the offence of personation; or
(b) commits the offences of treating, undue influence or bribery; or
(c) makes or publishes, before or during any election, for the purpose of affecting the return of any candidate, any false statement of fact in relation to the personal character or conduct of such candidate; or
(d) makes or publishes, before or during any election, for the purpose of promoting or procuring the election of any candidate, any false statement of the withdrawal of any other candidate at such election,
shall be guilty of a corrupt practice, and shall be liable upon conviction, in the case referred to in paragraph (a) of this sub-section to imprisonment for a term not exceeding twelve months or to a fine not exceeding one hundred pounds or to both such imprisonment and fine, and, in any other case, to imprisonment not exceeding six months or to a fine not exceeding fifty pounds or to both such imprisonment and fine.
(2) Any person who is convicted of a corrupt practice 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 the principal Law or any Law amending or replacing the same or any Law governing elections of members of the House of Representatives or the Communal Chambers for the time being in force.
(3) A prosecution for a corrupt practice shall not be instituted-
(a) after the expiration of one month-
(i) in the case of any offence committed after an election, from the date of the alleged offence;
(ii) in any other case, from the date of the publication of the result of the election in the Gazette;
(b) except for any corrupt practice as defined in paragraphs (c) and (d) of sub-section (1) of this section, without the sanction of the Attorney-General.
9.-(1) Every employer shall, on the day of the poll, allow to every elector in his employment a reasonable period for voting, and no employer shall make any deduction from the pay or other remuneration of any such elector or impose upon or exact from him any penalty by reason of his absence during such period.
(2) Any employer who, directly or indirectly, refuses, or by intimidation, undue influence, or in any other manner, interferes with the granting to any elector in his employment, of a reasonable period for voting, as in this section provided, shall be guilty of an illegal practice.
10. Any person who-
(a) wilfully obstructs or interferes with any elector while on his way to vore, or while in the polling station;
(a) wilfully obstructs or interferes with any elector while on his way to vore, or while in the polling station;
(b) in any way interrupts or impedes an election;
(c) votes or attempts to vote more than once at any election;
(d) in any manner infringes or attempts to infringe the secrecy of voting at an election;
(e) being a candidate or person acting in an official capacity in connection with an election, makes in any record, return or other document any entry which he knows or has reasonable cause to believe to be false or does not believe to be true;
(f) being a person acting in an official capacity in connection with an election, in any way actively associates himself with any candidate;
(g) being a Returning Officer, wilfully rejects or refuses to count any ballot paper which he knows or has reasonable cause to believe is validly cast for any candidate or wilfully counts any ballot paper as being cast for any candidate which he knows or has reasonable cause to believe was not cast for such candidate;
(h) being a candidate or person acting in an official capacity in connection with an election, wilfully neglects or refuses to perform any duty relating to such election imposed upon him by the provisions of the principal Law or this Law,
shall be guilty of an illegal practice.
11.-(1) Any person who commits an illegal practice shall, upon conviction, be liable to imprisonment not exceeding six months or to a fine not exceeding fifty pounds or to both such imprisonment and fine.
(2) A prosecution for an illegal practice shall not be instituted without the sanction of the Attorney-General.
(3) Any person convicted of any illegal practice shall upon conviction become incapable for a period of seven years from his conviction of being registered as an elector or of voting at any election under the principal Law or any Law amending or replacing the same, or any Law governing elections of members of the House of Representatives or the Communal Chambers for the time being in force.
12. Subject to the provisions of section 18, the election of a candidate as President or Vice-President shall be avoided by his conviction for any corrupt or illegal practice.
13.-(1) All questions which may arise as to the rights of any person to be or remain elected to the office of President or Vice-President shall be referred to and determined by the Supreme Court on an election petition presented by the Attorney-General or by any person entitled under section 16 to present an election petition and in accordance with the procedure laid down in this Part for the trial of an election petition and the
decision of the Election Judge on any such election petition shall be final for all intents and purposes.
(2) The Election Judge on the hearing of an election petition under this section shall have power-
(a) to make a declaration as to the right of any person to be or remain elected to the office of President or Vice-President or as to whether any other person was duly elected to such office;
(b) if any person has no right to be or remain elected to such office grant an injunction restraining such person from acting in such office.
(3) A decision of the Election Judge under this section shall become operative as from the date of its delivery.
(4) At the conclusion of the trial of an election petition the Election Judge shall determine whether the person whose return or election is complained of, or any other and what person, was duly returned or elected, or whether the election was void, and shall certify such determination to the Governor who shall publish the same by notice in the Gazette and the return of the person concerned shall be confirmed or altered, or the Governor shall order the holding of another election, as the case may require, in accordance with such certificate.
14. On the trial of an election petition the Election Judge shall have all the powers vested in the Supreme Court in the exercise of its original jurisdiction.
15. Subject to the provisions of section 18, the election as a whole, or the election of any candidate, may be declared to be void on an election petition on any of the following grounds, which shall be proved to the satisfaction of the Election Judge, namely:-
(a) that by reason of general bribery, general treating, general undue influence, or other misconduct or circumstances, whether similar to those before enumerated or not, the majority of electors were or may have been prevented from electing the candidate whom they preferred;
(b) that there was non-compliance with the provisions of the principal Law, if it appears that the election was not conducted in accordance with the principles laid down in such provisions and that such non-compliance affected the result of the election;
(c) that a corrupt practice or illegal practice was committed in connection with the election by the candidate or with his knowledge or consent;
(d) that the candidate was at the time of his election a person disqualified for election; or
(e) that an objection to any nomination papers should not have been allowed, or a declaration of the invalidity of any nomination papers should not have been made, under section 13 of the principal Law.
16. An election petition may be presented to the Supreme Court by the Attorney-General or any one or more of the following persons, namely-
(a) some person who voted or had a right to vote at the election to which the election petition relates;
(b) some person claiming to have had a right to be returned or elected at such election;
(c) some person alleging himself to have been a candidate at such election.
17. All or any of the following reliefs to which the petitioner may be entitled may be claimed in an election petition,namely-
(a) a declaration that the election is void;
(b) a declaration that the return of the person elected was void;
(c) a declaration that any candidate was duly elected and ought to have been returned;
(d) where election is claimed for an unsuccessful candidate on the ground that he had a majority of lawful votes, a scrutiny.
18. Where, upon the trial of an election petition respecting an election, or upon petition to the Supreme Court by a candidate, the Election Judge, or a Judge of the Supreme Court, reports that a candidate at such election has been guilty by himself or his agents of the offence of treating or undue influence or of any illegal practice in reference to such election, and the Election Judge or Judge further reports, after giving the Attorney-General an opportunity of being heard, that the candidate has proved to the Election Judge or Judge-
(a) that no corrupt or illegal practice was committed at such election by the candidate and the offences mentioned in the said report were committed by other persons contrary to the orders and without the sanction or connivance of such candidate, and that such candidate took all reasonable means for preventing the commission of corrupt and illegal practices at such election; or
(b) that the offences mentioned in the said report were of a trivial, unimportant and limited character; or
(c) that the offences mentioned in the said report arose from inadvertence or from accidental miscalculation or from some other reasonable cause, and in any case did not arise from any want of good faith on the part of the candidate,
then the election of such candidate shall not, by reason of the offences mentioned in such report, be void, nor shall the candidate be subject to any incapacity of being registered as an elector or voting under this or any other Law.
19.-(1) At the conclusion of a trial of an election petition the Election Judge shall, subject to the provisions of section 18, report in writing to the Governor-
(a) whether any corrupt or illegal practice has or has not been proved to have been committed by or with the knowledge and consent of any candidate at the election, or by any agent of his, and the nature of such corrupt and illegal practice, if any; and
(b) the names and descriptions of all persons, if any, who have been proved at such trial to have been guilty of any corrupt or illegal practice.
(2) Before any person, not being a party to an election petition, nor a candidate on behalf of whom election is claimed by an election petition, is reported by an Election
Judge under this section, the Election Judge shall give such person an opportunity of being heard and of giving and calling evidence to show why he should not be so reported.
(3) When an Election Judge reports that a corrupt or illegal practice has been committed by any person, that person shall, save as provided in section 18, be subject to the same incapacities as if at the date of the said report he had been convicted of that practice, and a person shall likewise be subject to the same incapacities if he was a candidate at the election and the Election Judge reports that such corrupt or illegal practice was committed with his knowledge and consent by any agent of his.
(4) The Governor shall cause a copy of such report to be published in the Gazette, and it shall be the duty of the appropriate Registrar appointed under the provisions of the Registration of Electors Law, 1959, forthwith to peruse the report and forthwith to delete from the Register of electors the name of every person appearing from the report to be incapable of voting at an election.
20. Every election petition shall be presented within one month of the date of publication of the result of the election in the Gazette.
21. No elector who has voted at any election shall, at the hearing of any election petition or other petition, be required to state for whom he has voted.
22.-(1) On a scrutiny at the trial of an election petition the following votes only shall be struck off, namely-
(a) the vote of any person whose vote was procured by bribery, treating or undue influence;
(b) the vote of any person who committed or procured the commission of personation at the election;
(c) the vote of any person proved to have voted twice at such election;
(d) the vote of any person, who, by reason of a conviction or report of a corrupt or illegal practice, was incapable of voting at the election;
(e) votes gives for a disqualified candidate by any person knowing that the candidate was disqualified or the facts causing the disqualification, or after sufficient public notice of the disqualification, or when the disqualification or the facts causing it were notorious.
(2) The vote of an elector shall not, except in the case specified in paragraph (d) of sub-section (1) of this section, be strucks off at a scrutiny by reason only of the elector not having been, or not being qualified to have his name entered on the Register of electors.
23. The Governor may, with the advice and assistance of the Chief Justice, make Rules of Court to be published in the Gazette, for regulating the practice and procedure to be followed on any election petition or any petition to the Supreme Court under section 18:
Provided that until such Rules are made the provisions of the Municipal Corporations (Election Petitions) Rules shall apply mutatis mutandis to any petition under this Part.
24.-(1) No person shall organise or take part in any meeting hald for the purpose of hearing a speech or a discussion upon any topic connected, directly or iindirectly, with any election on the day of the poll or on the day immediately preceding the day of the poll.
(2) Any person who contravenes any of the provisions of this section shall be guilty of an offence and shall be liable to imprisonment not exceeding three months or to a fine not exceeding ,150, or to both such imprisonment and fine.
25. The Governor may make Regulations to be published in the Gazette for the better carrying into effect of the provisions of this Law.
26. Forms may be prescribed, or varied, by Rules of Court or Regulations made by the Governor under section 23 or section 25 as cirrcumstances require.