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DISTRICT ASSEMBLY ELECTIONS (REGISTRATION OF VOTERS)

REGULATIONS, 1988, (LI 1397).  

IN exercise of the powers conferred on the National Commission for Democracy by section 9 of the National Commission for Democracy Law, 1988 (P.N.D.C.L. 208) these Regulations are made this 2nd day of December, 1988.

Regulation 1—Electoral Areas.

(1) For the purposes of District Assembly Elections each District shall be divided into such electoral areas as the Commission may determine by notice published in the Gazette.

(2) The Commission shall divide every electoral area into such polling stations as it may deem necessary.

Regulation 2—Electoral Registers.

(1)  The Commission shall compile in respect of each electoral area a register of voters referred to as the "register" in these Regulations.

(2)  The register shall comprise the name, address and other particulars of every person in the electoral area who is qualified to be registered as a voter under these Regulations.

Regulation 3—Qualifications.

(1) A person shall qualify to be registered as a voter if—

(a) he is a citizen of Ghana and not less than 18 years of age; and

(b) he is of sound mind.

Regulation 4—Registration and Revising Officers.

(1) The Commission shall appoint a registration officer and registration assistants for each electoral area.

(2) The Commission may appoint revising officers to determine any claims or objections regarding the registration of persons as voters, and a revising officer shall for that purpose have all the powers of a District Magistrate Grade I in the exercise of his jurisdiction in any civil cause or matter.

Regulation 5—Revision  of Registers.

(1) The Commission may by notice published in such manner as it may think fit revise the register of each electoral area at such intervals as it may think fit.

(2) The Commission shall  specify in the notice—

(a) the electoral area to be affected by the revision; and

(b) the period within which the existing register for that area may be inspected.

(3) On the publication of the notice the registration officer in charge of each electoral area affected by the notice shall publish throughout that area in such manner as the Commission may direct the notice together with a further notice—

(a) stating the place where and the hours within which the existing registers may be inspected; and

(b) inviting any person qualified to be registered as a voter to apply to be so registered.

Regulation 6—Replacement of Registers.

(1)  The Commission shall after such notice published in such manner as it may think fit replace the register for each electoral area by a new register at intervals of not more than ten years.

(2) The Commission shall, in the notice—

(a) specify the electoral area to be affected by the replacement of the register; and

(b) invite every person who is qualified to be registered as a voter in any such electoral area to apply to the registration officer within the period specified in the notice for his name to be entered in the register of a polling station within the electoral area in which he ordinarily resides.

(3) On the publication of the notice the registration officer in charge of each electoral area affected by the notice shall publish throughout that area in such manner as the Commission may direct the notice together with a further notice specifying the date, time and place when and at which persons wishing to register may attend.

(4) During the period of revision or replacement of the register for an electoral area any person who—

(a) applies for registration as a voter in accordance with these Regulations; or

(b) in the case of a revision of the register, claims to have his name included in the register for a polling station, and

(c) is not disqualified by any enactment from being registered as a voter,

shall be entitled to have his name included in the register for the polling station of the electoral area where he resides.

(5) No person shall, except during the period of his application under sub-regulation (4) (a) of this regulation be entitled to have his name included at any one time in the register of more than one electoral area or in more than one register for a polling station.

(6) Any person who is resident in more than one electoral area may select one such area in respect of which to apply for registration.

Regulation 7—Application for Registration.

(1) Any person who applies for registration under regulation 5 or 6 of these Regulations shall complete, in the presence of the registration officer or his assistant, an application in Form A set out in the Schedule to these Regulations.

(2) The registration officer or his assistant shall, if so instructed by an applicant fill in the form and the applicant shall however sign the application form or make his mark or affix his thumb-print to the application form.

(3) Where it appears from an application that the applicant should be or has been registered as a voter in an electoral area other than that to which the application relates, the registration officer shall cause notice of the application to be sent to the registration officer for the electoral area where the applicant should be or should have been registered.

Regulation 8—Provisional Register.

(1) After the expiration of the first period of registration the Commission shall cause, not later than six months from the date of publication of the notice referred to in sub-regulation (1) of regulation 5 or sub-regulation (1) of regulation 6 of these Regulations, a provisional register to be compiled for each polling station in each electoral area containing the names of those persons who have applied under regulation 7 of these Regulations within the first period of registration and who appear to him to be entitled to be included in the register for such polling station.

(2) In compiling the provisional register the Commission shall classify and number the names of the voters included therein .

(3) After the provisional register has been compiled the Commission shall publish a notice in such manner as it may deem fit specifying a place in each polling station in each electoral area where the provisional register may be inspected at any reasonable hour for a period of not more than fourteen days from the date of the publication of the notice.

(4) The Commission shall arrange for the publication in each electoral area of the notice in such manner as the Commission may direct.

Regulation 9—Claims.

(1) Where a notice is published under sub-regulation (1) of regulation 5 or subregulation (1) of regulation 6 any person who considers himself entitled to have his name included in the register of the electoral area to which the notice relates, may if his name is omitted from the register, make a claim within the prescribed period for his name to be included therein in accordance with these Regulations.

(2) Where it appears from a claim that the claimant is registered as a voter in an electoral area other than that to which the claim relates the registration officer shall cause notice of the claim to be sent to the registration officer for the electoral area where the claimant should have been registered, and that registration officer shall deal with the claim as if it were a claim made to him by the claimant.

Regulation 10—Objections.

Where a notice has been published under subregulation (1) of regulation 5, subregulation (1) of regulation 6 and subregulation (3) of regulation 8 of these Regulations—

(a) any person who is entitled to be registered as a voter may, within the prescribed period object to the inclusion in the register or the provisional register of his own name, the name of any other person or to the insertion therein of the name of any claimant; and

(b) the registration officer may, within the prescribed period object to the inclusion of any name in the register or the provisional register or the insertion therein of the name of any claimant.

Regulation 11—Procedure for Claims and Objections.

(1) Except in the case of an objection made by the registration officer within the prescribed period every claim or objection shall be made in triplicate to the registration officer in Form B set out in the Schedule to these Regulations and shall be forwarded to the Commission.

(2) The registration officer shall—

(a) within seven days after the entry of the prescribed period exhibit in a conspicuous place in each polling station in the electoral area during normal working hours notices containing the names and addresses of the claimants whose claims he has received; and

(b) as soon as may be after receiving an objection or, in the case of an objection made by himself within the prescribed period, send notice of the objection to the person in respect of whom the objection has been made, except where he is satisfied that that person is dead or that his name is fictitious.

Regulation 12—Determination of Claims and Objections.

(1)  The revising officer shall, as soon as practicable, enquire into all claims and objections which have been duly made, and shall submit his report to the Commission, giving not less than six clear days' written notice of the date on which and the time and place at which the inquiry will commence to each claimant, objector and any person in respect of whom an objection has been made.

(2) Where no objection is made to a claim the revising officer may decide the claim without any inquiry and insert the name of the claimant in the register or reject the claim.

(3) At any inquiry held under subregulation (1) of this Regulation any person who is interested in or affected by the subject-matter of the inquiry may appear himself or by any person duly authorised by him in writing in that behalf and be heard.

(4) Where an objection is made to the retention or insertion of the name of any person in a register the revising officer shall call upon the objector or the person duly authorised in writing in that behalf by the objector to give a prima facie proof of the grounds of his objection.

(5) Where in the opinion of the revising officer a prima facie proof has been given, he shall require proof of the claim by the person in respect of whom the objection has been made and—

(a) if the claim of that person is not proved to the satisfaction of the revising officer he shall delete his name from or, refuse to insert his name in, the register; or

(b) if the claim of that person is so proved the revising officer shall retain his name or insert his name in the register.

(6) Where on the date fixed for inquiry into an objection the objector or the person authorised in writing in that behalf by the objector fails to appear or appears but fails to give prima facie proof of the grounds of his objection to the satisfaction of the revising officer, the officer shall—

(a) if the objection is to the retention in the register of the name of a person appearing therein retain the name of such person in the register; or

(b) if the objection is to the insertion in the register of the name of a claimant, insert the name of that claimant in the register .

(7) The revising officer shall at the conclusion of an inquiry under this regulation submit his decision in writing to the Commission.

Regulation 13—Appeal to the District Court.

(1) Any claimant, objector or person in respect of whom an objection has been made who is dissatisfied with the decision of the revising officer may within seven days after the decision appeal against the decision to the District Court.

(2) An appeal brought under subregulation (1) of this Regulation shall be in writing, stating briefly the grounds of appeal and shall be accompanied by a fee of ten thousand cedis.

(3) At the hearing of an appeal lodged under sub-regulation (1) of this regulation, it shall be within the discretion of the District Court whether to hear any evidence or not; but any such appeal shall be heard in public, and a notice of the time, date and place of the hearing of the appeal shall be given to the parties concerned.

(4) When the District Court determines an appeal lodged under  this Regulation with respect to any register, it shall order that the relevant register be amended to include or exclude as the case may be—

(a) the name which it has decided should be included or inserted in the register; or

(b) the name which it has decided should be expunged from the register; and the registration officer shall amend the register accordingly.

(5) Where an appeal lodged under subregulation (1) of this regulation is allowed, the fee paid under subregulation (2) of this regulation shall be refunded to the appellant.

(6) Any person entitled to appear as a party to an appeal brought under sub-regulation (1) of this regulation may appear either in person or by counsel.

(7) The practice and procedure for the hearing of appeals under the provisions of this Regulation shall be regulated in such manner as the District Court may decide.

(8) Without prejudice to the generality of the foregoing provisions of this Regulation, the District Court may declare, where it is satisfied that two or more appeals involve the same question, that one appeal shall be heard first as a test case and that the decision in that case shall be binding on the parties to the other similar appeals.

Regulation 14—Publication  of Register after Determination of Claim or Objection.

(1) Subject to the provisions of this regulation, the Commission shall as soon as any claim or objection is determined  publish the register for the relevant electoral area duly certified by it in such manner as it may think fit.

(2) Notwithstanding sub-regulation (1) of this regulation and pending the determination of an appeal brought under regulation 13 of these Regulations the Commission may publish the register duly certified by it and shall after the determination of the appeal make such insertions in or deletions from the certified register as are necessary to give effect to the decision of the District Court.

(3) The Commission shall, before it publishes the register, correct any clerical error in the register, so however that no such correction shall be made if it affects the claim of any person to have his name included or retained in the register.

(4) The revising officer shall write his initials against any name inserted or expunged from the register and against any error or omission corrected by him and shall also sign his name at the end of each page of the register.

(5) The revising officer shall deliver two copies of the revised register duly signed by him to the registration officer who shall in turn forward them to the Commission.

(6) Where no claim or objection has been made under regulation 9 or 10 of these Regulations the revising officer shall, at the expiration of the period prescribed under subregulation (3) of regulation 8 for the inspection of the register of voters, deliver two copies of the register duly signed by him to the registration officer who shall in turn forward them to the Commission.

(7) Where the register of an electoral area has been certified and published under sub-regulation (1) of this regulation it shall become operative as the register for the relevant electoral area and where the register is revised it shall become operational in the revised form as the register for the relevant electoral area and shall accordingly replace, the existing register.

Regulation 15—Registration Offence.

Any person who—

(a) applies to have the name of another person included in a register; or

(b) knowingly makes any false statement in, or in connection with, any application for the registration as a voter; or

(c) knowingly makes any false statement in, or in connection with, any claim to have his name or the name of another person included in a register; or

(d) applies or claims to have his name included in a register when he has already applied or claimed to have his name included in another register and has not withdrawn such earlier application or claim; or

(e) not being a registration officer and without the consent of such officer gives to any person any paper or other document relating to registration of voters under these Regulations; or

(f) forges or fraudulently defaces or destroys any document relating to the registration of a voter or delivers to the registration officer or a revising officer any paper in connection with registration knowing the same to be false; or

(g) prevents or attempts to prevent by use of force or threat any person from exercising his rights to register as a voter;

commits an offence and shall be liable on conviction by a Court or Tribunal to a fine not exceeding one hundred thousand cedis or to imprisonment for a term not exceeding two years or to both or to community service for a term not exceeding five years.

Regulation 16—Duty of Registrars to Report Conviction to Commission.

Where a person is convicted of an offence under regulation 15 of these Regulations the Registrar of the Court or Tribunal which convicted him shall, within fourteen days after conviction report the conviction in writing to the Commission.

Regulation 17—Interpretation.

In these Regulations unless the context otherwise requires—

"Commission" means the National Commission for Democracy;

“prescribed period" means—

(a) in the case of a claim or objection made under regulation 9 or 10 in connection with the revision of a register under regulation 5, the period commencing with the beginning of the period specified in regulation 5 for the inspection of the register and ending with the expiration of the period of seven days specified in sub-regulation (3) of regulation 8 for the inspection of the provisional register;

(b) in the case of a claim or objection made in regulation 9 or 10 in connection with the replacement of the register under regulation 6, the period commencing with the beginning of the period for registration specified under sub-regulation (2) (b) of regulation 6 and ending with the expiration of the period of fourteen days specified in subregulation (3) of regulation 8 for the inspection of the provisional register;

“provisional register" means the provisional register compiled under regulation 8 of these Regulations;

“register" means the register of voters compiled under regulation 2 of these Regulations;

“registration officer" means the registration officer appointed for an electoral area under regulation 4 of these Regulations;

“revising officer" means the person appointed under regulation 4 of these Regulations.

Regulation 18—Commencement. 

These Regulations shall be deemed to have come into force on 1st day of July, 1987.

SCHEDULE

FORM A

(REGULATION 7 (1))

FORM OF APPLICATION FOR VOTERS REGISTRATION

1. Name……………………………...............................................................

2. Date of Birth ..................................../........................................../....................................

3. Age ………...........…  4. Sex: (a) Male ..................    (b) Female ...............................

5. Residence: House Number ……………………………………………….......................

6. Street or Area…………………………………………………………..........….......…

7. Town/Village………………………………………………………………...................

8. District………………………………………………………………..............................

9. I certify that I am a citizen of Ghana and not disqualified from being registered as a voter...................................  Signature and Mark ............................  of Applicant

............................................. Witness                 ………………..19………….

(Registration Officer/Assistant)    .........................................

RECEIPT                          No………………………….

(To be signed, detached and returned to the applicant)

Application Form in respect of…………………….......... in Unit …………………… in Zone ……………….....................…….of ...................…………….Town/Area Council received by me on ......................…………………… 19……………

………………………………

Registration Officer /Assistant

FORM B

(REGULATION 11 (1))

1. NOTICE OF OBJECTION TO INSERTION OF NAME IN REGISTER OF VOTERS

TO: THE REGISTRATION OFFICER/REGISTRATION ASSISTANT

I, ................................…………………………………………...…

of ..................……………………………………………… ……….....

being a person whose name is included in the register of voters for…………………........ ....................................……… Polling Station in.............................................................…. Electoral Area of............................................................. Town/Area Council in the.......................................................................................................... District

hereby give you notice that I object to the insertion of the name of...................................................................................................................

in the register of voters for the Polling Station as a Voter on the ground that .................................................................................................…………………….............

..........................................................................................…………………………….......... Dated this ..........................  day of ............................................. 19 ..............…............

........................................………………

Signature

2. NOTICE TO PERSON OBJECTED TO

TO: ..........................................................................................................................................

I, .................................................................................................................................

of .........................................................................................................................................

being the Registration Officer/Registration Assistant for...................................................

Polling Station in ............................................................................... Electoral Area

of.................................................................................................... Town/Area Council

in the.................................................................................................................... District

hereby give you notice that an objection has been lodged to your name being inserted

in the register of voters for the.......................................................................................

Polling Station in the ........................................................................... Electoral Area

of ................................................................................................. Town/Area Council

in the ..................................................................................................... District

as a voter on the ground that.....................................................................................

................................................................................................................................................................................................................................................................................................

and that you will be required to prove your qualification at the time of the settlement of the said Register.

Dated this ............................................ day of ........................................ 19 ...............

..........................................................

Signature

JUSTICE  D. F. ANNAN

Chairman, National Commission for Democracy

Date of Gazette Notification: 30th December, 1988.