Bill 8 2025 - Elections (Amendment) Bill 2025

[13th June 2025] Election (Amendment) 1 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL ELECTIONS (AMENDMENT) BILL, 2025 (Bill No. 8 of 2025) EXPLANATORY STATEMENT OF THE OBJECTS AND REASONS FOR THE BILL 1. The object of this Bill is to amend Elections Act (Cap. 262) (hereinafter referred to as “the Act”) to make comprehensive amendments to meet with the present day requirements. 2. The amendments proposed in the Bill, inter alia, provides for including the valid passport and valid NIN card for the purpose of identification; online application for registration and mobile registration; dispensing the three months residency period for registration in the voters register for students studying abroad, citizens on overseas diplomatic missions and citizens working overseas with a contract issued by the Government; online inspection of the registers; voters registers to include the names of the persons who are 17 years of age and attain the age of 18 years during the election year; for submission of nomination documents other than the candidate under exceptional circumstances; nomination of candidates only in one form of an election; delinking announcement date and the closure of voter register; allowing the voters to cast their vote in special stations who are working in the essential services and were on duty on the election day; use of ballot bags in place of ballot boxes for outer island voting; prohibition on the use of mobile phones in the election at polling stations; use of Braille and sign language for the convenience of required persons; and updating Schedule 2 relating to essential services. 3. This Bill seeks to achieve the above objectives. Dated this 06th day of June, 2025. VINSENT S. PERERA ATTORNEY GENERAL ——————— [13th June 2025] Election (Amendment) 2 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL ELECTIONS (AMENDMENT) BILL, 2025 (Bill No. 8 of 2025) A BILL FOR AN ACT TO AMEND THE ELECTIONS ACT (CAP 262). ENACTED BY THE PRESIDENT AND THE NATIONAL ASSEMBLY Short title and commencement 1. This Act may be cited as the Elections (Amendment) Act, 2025 and shall come into operation on such date as the Minister may, by notice in the Gazette, appoint and different dates may be appointed for different provisions of the Act. [13th June 2025] Election (Amendment) 3 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL Amendment of section 5 2. In the Elections Act (Cap 262) (hereinafter referred to as the principal Act), in section 5 — (a) in subsection (1) — (i) by repealing the words “a National Identity Card” and substituting therefor the words “a valid National Identity Card”; (ii) by repealing the words “National Identity Cards Act” and substituting therefor the words “National Identity Cards Act or a valid passport issued under the Passport Act”; (iii) by inserting the following proviso at the end — “Provided that in a year in which an election is held, any person who is a citizen of Seychelles and who will attain the age of eighteen years during that year may register his or her name for inclusion in the voter list by submitting an application in such form, manner and time as may be prescribed by the Commission before the closure of voter register for the elections: Provided further that the Chief Registration Officer shall follow the procedures specified under this Act for the preparation of the register of voters in the year in which an election is held. (b) in subsection (3) — (A) in paragraph (a) — (i) by repealing the words “a National Identity Card” and substituting therefor the words “a valid National Identity Card”; [13th June 2025] Election (Amendment) 4 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL (ii) by repealing, the words “National Identity Cards Act” and substituting therefor the words “National Identity Cards Act or a valid passport issued under the Passport Act”; (B) by adding after paragraph (b), the following paragraph — “(c) the residency period of three months specified in paragraph (b) shall not be applicable for the persons studying overseas, persons serving in the Diplomatic Missions and the persons working overseas on a contract issued by the Government of Seychelles, subject to submission of documentary proof approved by the Commission. (c) by adding after subsection (3), the following subsection — “(4) For the purposes of this section and section 6, only the physical copies of the documents referred to in subsection (1) shall be accepted for the purpose of identification.”. Amendment of section 6 3. In section 6 of the principal Act, by adding after paragraph (b), following paragraph — the “(c) for the purposes of paragraph (b), the prison authorities shall provide a list of persons serving a prison sentence in such form and manner and in such time as may be prescribed by the Commission.”. Amendment of section 7 4. Section 7 of the principal Act is amended by repealing subsection (5). [13th June 2025] Election (Amendment) 5 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL Amendment of section 7A 5. In section 7A of the principal Act, in subsection (1), by repealing the words “five-year intervals” and substituting therefor the word “such interval as may be decided by the Commission”. Amendment of section 8 6. In section 8 of the principal Act, — (a) in paragraph (a) of the proviso to subsection (1A), by repealing the words and figures “the issue of notice under section 13 (1)” and therefor substituting the words “publication of notice under second proviso to subsection (1) of section 9”; (b) by repealing subsection (2) and substituting therefor the following subsection — “(2) Any person who is or claims to be entitled to have the name of that person entered in the register of voters in an electoral area may inspect the register of voters of that area, on an application made to the Registration Officer of the area in such form and manner as may be specified by the Electoral Commission.”. Amendment of section 9 7. In section 9 of the principal Act, by adding after the first proviso to subsection (1), the following proviso — “Provided further that the voters register closes for elections, on the date the Commission publishes notice in the official Gazette:”. Amendment of section 10A. 8. In section 10A of the principal Act, by repealing the words and figure “Notwithstanding section 5” and therefor substituting the words and figures “Subject to section 5(3)”. [13th June 2025] Election (Amendment) 6 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL Amendment of section 10B. 9. In section 10B of the principal Act, by repealing the words and figure “Notwithstanding section 5” and therefor substituting the words and figures “Subject to section 5(3)”. Amendment of section 10C. 10. In section 10C of the principal Act, by repealing the words and figure “Notwithstanding section 5” and therefor substituting the words and figures “Subject to section 5(3)”. Insertion of new sections 10D and 10E 11. After section 10C of the principal Act, the following sections shall be added — “Other modes of Registration 10D.(1) Notwithstanding the registration of voters under the provisions of the Act by submitting an application in physical form at the registration office, the Commission may by regulations prescribe any other mode of registration including the online registration and registration through a mobile registration centre. (2) For the purposes of this section “mobile registration centre” means a centre set out temporarily in an area for registration of voters.”. (3) The date, route and placement of mobile registration office for registration of voters in an area shall be such as may be specified by the Commission in the Official Gazette before such registration and shall be given notice in the local newspapers for utilising the services of mobile registration office. Access to the information on the website of the Electoral Commission 10E. Any person who intends to verify his particulars on the website of the Electoral Commission of Seychelles, may verify [13th June 2025] Election (Amendment) 7 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL such information on the website of the Commission by providing the required information for accessing the said information.”. Insertion of new subsections (1A), (1B), (1C) and subsection (2A) in section 15 12. In section 15 of the principal Act — (i) by adding after subsection (1), the following subsections — “(1A) For the purpose of a Presidential Election, other than a candidate for President, a candidate shall also be designated for Vice-President. (1B) Any person nominated for the President or Vice-President candidature during a Presidential Election shall not be nominated to stand as a candidate in the National Assembly Election when Presidential and National Assembly Elections are held concurrently. (1C) A person who has been nominated for one form of election shall not be nominated in another form of election when Presidential and National Assembly Elections are held concurrently, or in any other election as may be notified by the Election Commission.”; (ii) by adding after subsection (2), the following subsections — “(2A) Notwithstanding subsection (2), under exceptional circumstances, nomination paper may be submitted by a representative other than the candidate for Presidential or National Assembly Elections. (2B) For the purpose of subsection (2A), ‘exceptional circumstances’ means that the proposed candidate could not present physically for filing his nomination papers due to acute health reasons certified in that regard by a medical practitioner; or any natural disaster, due to which the candidate could not present. [13th June 2025] Election (Amendment) 8 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL (2C) For the purpose of subsection (2A), ‘representative’ means a ‘party official’ in the case of a candidate from a political party and ‘an Attorney at law’ in the case of an independent candidate.”. Amendment of section 16 13. In section 16 of the principal, by repealing the figure “7” and therefor substituting the figures “14”. Amendment of section 18 14. In section 18 of the principal Act — (a) by repealing the words “their electoral area;” in paragraph (d) of subsection (2) and substituting therefor the following words “their electoral area, shall be allowed to vote at special stations;”; (b) by inserting after subsection (5), the following subsection — “(5A) For the purposes of subsection (5), the Commission may make use of ballot bags instead of ballot boxes at polling stations for outer islands.”. Amendment of section 20 15. In subsection (2) of section 20 of the principal Act, by repealing the figure “7” and therefor substituting the figures “14”. Amendment of section 23 16. In section 23 of the principal Act, by inserting after subsection (2) the following subsections — “(3) Subject to subsection (1), the ballot papers to the visually impaired persons shall be made available in such form and manner for the convenience of such persons, as may be approved by the Commission. [13th June 2025] Election (Amendment) 9 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL (4) The Commission shall provide educational materials in sign language to facilitate the hearing impaired persons to understand the content of such educational materials.”. Amendment of section 25 17. In section 25 of the principal Act, — (a) in subsection (1)(a)(ii), by repealing the words “National Identity Card” and therefor substituting the words “valid National Identity Card or a valid passport”; (b) by insertion of a new subsection (6) after subsection (5) — “(6) Usage of mobile phones or electronic devices shall not be permitted in the polling stations for any purposes including the purpose of identification of the voter.”. Insertion of new section 36A 18. In the principal Act, by adding after section 36, the following section — “Procedures by regulations 36A.(1) For the purposes this PART, the Electoral Commission may by regulations prescribe the procedures for the conduct of Presidential election and the National Assembly elections. (2) The procedures prescribed under the Elections (Procedures) Regulations, 2016 (S.I. 56 of 2016), as amended from time to time, shall be followed in the conduct of Presidential election and the National Assembly elections or any other election conducted by the Electoral Commission.”. Amendment of section 50 19. In subsection (3) of section 50 of the principal Act, by adding after paragraph (d) a new paragraph — “(da) any activity with the objective of campaigning;”. [13th June 2025] Election (Amendment) 10 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL 20. In the principal Act, for SCHEDULE 2, the following SCHEDULE shall be substituted — “SCHEDULE 2 ESSENTIAL SERVICES Health Services Purse Seiners Industrial fisheries workers Airline crew Security Personnel for President and Ex-Presidents Prison services Voting station Airport security and fire services Seychelles Fire and Rescue Services Agency (SFRSA) Public Utilities Corporation (PUC) Seychelles Petroleum Company Limited (SEYPEC) Seychelles Coast Guard Security for New Port Seychelles Public Transport Corporation (in respect of drivers only) Media (Accredited bythe Commission)”.