Article 48. Disqualifications for election as members of House of Assembly

48.

In briefLists the circumstances, such as foreign citizenship, bankruptcy, serious sentences, election offences or an undisclosed government contract, that bar a person from election to the House of Assembly.

(1)

No person shall be qualified to be elected as a member of the House of Assembly who-

A person cannot be elected as a member of the House of Assembly if the person:

(a)

is a citizen of a country other than The Bahamas having become such a citizen voluntarily;

is a citizen of a country other than The Bahamas, having become a citizen of that country voluntarily;

(b)

is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power or state;

has, by their own act, acknowledged allegiance, obedience or adherence (loyalty) to a foreign power or state;

(c)

is disqualified for membership of the House of Assembly by any law enacted in pursuance of paragraph (2) of this Article;

is disqualified from membership of the House of Assembly by a law made under paragraph (2) of this Article;

(d)

has been adjudged or otherwise declared bankrupt under any law in force in The Bahamas and has not been discharged;

has been adjudged (judged by a court) or otherwise declared bankrupt under a law in force in The Bahamas and has not been discharged (released from the bankruptcy);

(e)

is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in The Bahamas;

has been certified insane or otherwise adjudged to be of unsound mind under a law in force in The Bahamas;

(f)

is under sentence of death imposed on him by a court in The Bahamas, or is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended;

is under a sentence of death imposed by a court in The Bahamas; or is serving a sentence of imprisonment (whatever it is called) of more than twelve months that was imposed by such a court, or that a competent authority substituted for some other sentence imposed by such a court; or is under such a sentence of imprisonment that has been suspended;

(g)

is disqualified for membership of the House of Assembly by any law in force in The Bahamas by reason of his holding, or acting in, any office the function of which involve-

is disqualified from membership of the House of Assembly by a law in force in The Bahamas because they hold, or act in, an office whose functions involve:

(i)

any responsibility for, or in connection with, the conduct of any election; or

any responsibility for, or in connection with, the conduct of an election; or

(ii)

any responsibility for the compilation or revision of any electoral register;

any responsibility for compiling or revising an electoral register (the list of voters);

(h)

is disqualified for membership of the House of Assembly by virtue of any law in force in The Bahamas by reason of his having been convicted of any offence relating to elections;

is disqualified from membership of the House of Assembly by a law in force in The Bahamas because of a conviction for an offence relating to elections;

(i)

is a Senator; or

(j)

is interested in any government contract and has not disclosed the nature of such contract and of his interest therein by publishing a notice in the Gazette within one month before the day of election.

has an interest in a government contract and has not disclosed the nature of the contract and of their interest in it by publishing a notice in the Gazette (the official government newspaper) within one month before election day.

(2)

Parliament may by law provide that, subject to such exceptions and limitations (if any) as may be prescribed therein, a person shall be disqualified for member ship of the House of Assembly by virtue of-

Parliament may by law provide that a person is disqualified from membership of the House of Assembly, subject to any exceptions and limits set out in that law, because the person:

(a)

his holding or acting in any office or appointment specified (either individually or by reference to a class of office or appointment) by such law;

holds or acts in an office or appointment named in that law (either individually or as part of a class of office or appointment);

(b)

his belonging to any armed force of The Bahamas or to any class or person so specified that is comprised in any such force; or

belongs to an armed force of The Bahamas, or to a class of persons named in that law that forms part of such a force; or

(c)

his belonging to any police force or to any class of person that is comprised in any such force.

belongs to a police force, or to a class of persons that forms part of such a force.

(3)

For the purposes of sub-paragraph (1)(f) of this Article-

For the purposes of sub-paragraph (1)(f) of this Article:

(a)

two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentence exceeds twelve months, but if any one of such sentences exceeds that term they shall be regarded as one sentence; and

two or more sentences of imprisonment that must be served one after the other count as separate sentences if none of them is longer than twelve months, but if any one of them is longer than twelve months they count as one sentence; and

(b)

no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.

a sentence of imprisonment imposed as an alternative to paying a fine, or for failing to pay a fine, is ignored.

Article 48. Disqualifications for election as members of House of AssemblyWho cannot be elected to the House

Disqualifications for election as members of House of AssemblyWho cannot be elected to the House