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the draft constitution of the commonwealth of grenada

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CHAPTER VI<br />

THE ELECTORAL AND BOUNDARIES COMMISSION<br />

The Electoral<br />

and Boundaries<br />

Commission<br />

74.(1) There shall be an Electoral and Boundaries<br />

Commission (in this Chapter called “<strong>the</strong> Commission”) consisting<br />

<strong>of</strong><br />

(a) a Chairman;<br />

(b) a Deputy Chairman; and<br />

(c) three o<strong>the</strong>r members.<br />

(2) The Chairman and two o<strong>the</strong>r members <strong>of</strong> <strong>the</strong><br />

Commission shall be appointed by instrument under <strong>the</strong> Public<br />

Seal by <strong>the</strong> President, acting on <strong>the</strong> recommendation <strong>of</strong> <strong>the</strong> Prime<br />

Minister after consultation with <strong>the</strong> Leader <strong>of</strong> <strong>the</strong> Opposition; and<br />

<strong>the</strong> Deputy Chairman and one o<strong>the</strong>r member shall be appointed by<br />

instrument under <strong>the</strong> Public Seal by <strong>the</strong> President, acting on <strong>the</strong><br />

recommendation <strong>of</strong> <strong>the</strong> Leader <strong>of</strong> <strong>the</strong> Opposition after consultation<br />

with <strong>the</strong> Prime Minister.<br />

(3) A person is not qualified to hold <strong>of</strong>fice as a member<br />

<strong>of</strong> <strong>the</strong> Commission if he or she is<br />

(a) a Minister or a Parliamentary Secretary;<br />

(b) a member <strong>of</strong>, or a candidate for election to,<br />

<strong>the</strong> National Assembly; or<br />

(c) a public <strong>of</strong>ficer.<br />

(4) Subject to this section, <strong>the</strong> <strong>of</strong>fice <strong>of</strong> a member <strong>of</strong> <strong>the</strong><br />

Commission becomes vacant<br />

(a)<br />

(b)<br />

(c)<br />

at <strong>the</strong> expiration <strong>of</strong> five years beginning on<br />

<strong>the</strong> day <strong>of</strong> his or her appointment or at such<br />

earlier time as may be specified in his or her<br />

instrument <strong>of</strong> appointment;<br />

where any circumstances arise that, if he or<br />

she were not a member <strong>of</strong> <strong>the</strong> Commission,<br />

would disqualify him or her for appointment<br />

as a member; or<br />

if he or she resigns his or her <strong>of</strong>fice by<br />

instrument in writing addressed to <strong>the</strong><br />

President.<br />

(5) Whenever <strong>the</strong> <strong>of</strong>fice <strong>of</strong> a member o<strong>the</strong>r than <strong>the</strong><br />

Chairman is vacant or such a member is for any reason unable to<br />

perform <strong>the</strong> functions <strong>of</strong> his or her <strong>of</strong>fice, <strong>the</strong> President may, in<br />

accordance with <strong>the</strong> procedure prescribed by subsection (2),<br />

appoint a person to act in <strong>the</strong> <strong>of</strong>fice <strong>of</strong> that member.<br />

(6) If <strong>the</strong> <strong>of</strong>fice <strong>of</strong> Chairman is vacant or <strong>the</strong> Chairman<br />

is for any reason unable to perform <strong>the</strong> functions <strong>of</strong> his or her<br />

<strong>of</strong>fice, <strong>the</strong> Deputy Chairman shall perform <strong>the</strong> functions <strong>of</strong> that<br />

<strong>of</strong>fice.<br />

(7) The provisions <strong>of</strong> any section <strong>of</strong> this Constitution<br />

relating to removal from <strong>of</strong>fice shall apply to <strong>the</strong> <strong>of</strong>fice <strong>of</strong> a<br />

member <strong>of</strong> <strong>the</strong> Commission; and <strong>the</strong> prescribed authority for <strong>the</strong><br />

purposes <strong>of</strong> advising <strong>the</strong> President to remove an <strong>of</strong>ficer from <strong>of</strong>fice<br />

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