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The Falkland Islands Constitution Order 2008

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Qualifications of electors

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32.  (1)  Subject to subsection (2), a person shall be qualified to be registered as an elector for the purpose of the election of members of the Legislative Assembly if he or she has attained the age of eighteen years and either—

(a)he or she is a citizen and has Falkland Islands status; or

(b)his or her name appeared on the register of electors for a constituency in force on the date of commencement of this Constitution,

and, in either case, he or she was resident in the Falkland Islands on the qualifying date in relation to which his or her entitlement to be registered as an elector falls to be considered and had on that qualifying date been so resident for the qualifying period.

(2) No person shall be qualified to be registered as an elector under this section who on the qualifying date—

(a)is a person certified to be insane or otherwise adjudged to be of unsound mind under any law;

(b)is serving a sentence of imprisonment (by whatever name called) for a term of at least twelve months imposed on him or her by a court in any country or substituted by competent authority for some other sentence imposed on him or her by such a court;

(c)is disqualified by or under any law from being registered as an elector by reason of having been convicted of an offence relating to elections;

(d)is a member of the regular armed forces of Her Majesty, unless he or she possesses Falkland Islands status; or

(e)is, by virtue of his or her own act, under any acknowledgement of allegiance, obedience or adherence to a foreign Power or State.

(3) Section 29(3) shall apply for the purposes of subsection (2)(b) as it applies for the purposes of section 29(1)(f).

(4) The reference in subsection (2)(d) to a member of the regular armed forces of Her Majesty shall not include a reference to a member of the Falkland Islands Defence Force.

(5) In this section—

(a)“citizen” means a British citizen, a British overseas territories citizen or a British Overseas citizen;

(b)“Falkland Islands status” has the meaning defined in section 22(5);

(c)“qualifying date” and “qualifying period” means such date or period as may be prescribed by or under any Ordinance as the date or period with reference to which the qualifications of persons for registration as electors for elections of members of the Legislative Assembly are to be ascertained; and a different qualifying period may be prescribed in respect of persons not born in the Falkland Islands;

(d)“resident” has such meaning as may be prescribed by or under any Ordinance.

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