With the deadline fast approaching for the issuing of a writ for the upcoming by by-election for Smith's South, no one can say with certainty when to expect it. What is clear is that the issuing of the writ is imminent and new voter registration laws are about to be tested in an election for the first time.

UBP MP John Barritt told The Royal Gazette that, all things considered the election should not be delayed any further. And candidates should be canvassing actively to make sure that people are properly registered.

The poll must be held on or before July 17 - two months after the seat became vacant as a result of the retirement of C.V. (Jim) Woolridge. And the date set must not be earlier than 28 days after the writ is issued.

This means that the election must be called by June 19 - next Tuesday. As of press time yesterday the Governor had not been asked to issue a writ, according to Deputy Governor Tim Gurney. A Government Information Services spokesperson also had no idea when the writ should be expected.

Parliamentary Registrar Lionel Dowling, whose office is responsible for making all the necessary arrangements for the poll, had also not received any official word. "The sooner the better from my angle because there's a lot of work to be done in between," Mr. Dowling told The Royal Gazette.

The Smith's South by-election will be the first held under new voter registration rules. The Progressive Labour Party government abolished annual registration in 1999 replacing it with a system of rolling registration. Voters are required to file changes of their particulars with the Parliamentary Registrar.

Once the date is set Mr. Dowling would have to brief his staff, advertise the poll in the media, set a date for the advance poll which gives travellers an opportunity to cast their ballots, and make necessary arrangements for hospital and rest home residents qualified to vote.

Mr. Dowling will also have to appoint returning and presiding officers and prepare the polling station and ballot papers.

Once the election is called a period of seven days will be allowed for those eligible voters who have moved into the constituency to file their details with the Registrar if they have not already done so. New voters can also use the opportunity to get registered. And a revised register of Smith's South voters will then be published. The political parties will then have another seven days in which to object to people they feel should not be on the Smith's South register. The final list should then be published in another seven days, according to the new rules.

Mr. Dowling warned that people who have moved out of the constituency and are still registered there are ineligible and should not risk voting in the by-election.

"The authorities are aware of what procedure to take," he said but he was not prepared to specify exactly what those procedures are. Asked whether the system in place could screen out all rogue voters, Mr. Dowling said he "couldn't say 100 percent". But, he said, "There are very severe penalties which can include a fine or imprisonment or both" for attempting to defraud the electoral process.

Mr. Dowling couldn't say whether waiting until the eleventh hour to set the date was normal for by-elections.

"I haven't really looked at past by-elections to see what the trend is," he told The Royal Gazette. The last by-election took place in Paget West on March 31, 1999 well within the mandated deadline. It was occasioned by the untimely death on February 14 of first time MP Madeline Joell. Government set the date two weeks later, leaving 30 days for campaigning.

"That's a very strong word but I realise it has to be announced very shortly," Mr. Dowling said when asked if he was at all anxious. "A lot of my preparations have already been made. It's just a matter of getting the requirements in place for a successful by- election."

But Mr. Dowling - and Smith's South voters - may have a headache coming if the Government does wait until Tuesday to call the election. Nomination day, the day by which all candidates are supposed to be confirmed by the Returning Officer, is set by law as 14 days before the poll.

UBP MP John Barritt, a critic of the new rules, told The Royal Gazette that since 14 days notice have to be given to people whose inclusion in the register have been objected to, this means that given the last minute scenario, hearings for the objections may well be held on polling day.

"The by election should have been called now if you want to give the Registrar time," he said.