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PUBLIC ELECTIONS (PARLIAMENT) REGULATIONS, 1992 (LI 1537)

 

 

ARRANGEMENT OF REGULATIONS

PART I— GENERAL PROVISIONS

Regulation

1.   Issue of Writ

2.   Notice of Election

3.   Nomination of Candidates

4.   Statutory declaration and deposit

5.   Nomination of candidate

6.   Withdrawal of candidature

7.   Where no candidate nominated

8.   Unopposed candidate

9.   Contested elections and death of candidate

10. Allocation of symbols and colours

11. Notice of poll

12. Adjournment of poll by statutory instrument

13. Death of candidate

14. Provision of polling stations

15. Presiding officers and polling assistants

16. Equipment of polling stations

17. Polling agents

18. Transferred voters list

19. Special voters list

20. Absent voters list

21. Voting by proxy

PART II— THE POLL

22. Number of votes and place of voting

23. Poll to be taken by ballot

24. Ballot papers

25. Polling hours and admission to polling station

26. Keeping order at polling station

27. Sealing of ballot boxes

28. Identification of voters

29. Voting procedure

30. Votes marked by the presiding officer

31. Tendered ballot papers

32. Spoilt ballot paper

33. Adjournment of poll by presiding officer in case of riot, flood, etc.

PART III— AFTER THE POLL

34. Counting of votes and attendance at the count

35. Result of elections

36. Rejected ballot papers

37. Decision on ballot papers

38. Equality of votes

39. Declaration and publication of results of contested election

40. Disposal of deposit

41. Disposal of documents

42. Absence of candidate or agent

43. Declaration of secrecy

44. Interpretation

45. Revocation.

SCHEDULE

IN exercise of the powers conferred on the Interim National Electoral Commission by sections 3 (b) and 10 (1) of the Interim National Electoral Commission Law, 1991 (P.N.D.C.L. 271) these Regulations are made this 20th day of July, 1992.

PART I—GENERAL PROVISIONS

Regulation 1— Issue of Writ.

(1) For the purpose of holding a public election to elect a member to Parliament, the Interim National Electoral Commission, referred to in these Regulations as "the Commission", shall issue a writ to the returning officer of the constituency in which the election is to be held.

(2) The presiding member of the election committee of the constituency shall be the returning officer.

(3) The writ shall be in Form A set out in the Schedule to these Regulations and shall specify—

(a) the period and place for the nomination of candidates; and

(b) the day on which the poll is to be taken.

(4) The day on which the poll is to be taken shall—

(a) not be less than thirty days or more than ninety days after the last day appointed for the nomination of candidates, in the case of general election; and

(b) not be less than ten days and not more than fourteen days after the nomination of candidates in the case of a by-election.

(5) As soon as a writ has been issued, the Commission shall—

(a) cause the writ to be transmitted to the returning officer to whom it is addressed; and

(b) publish a notice in the Gazette stating that the writ has been issued and specifying the constituency to which it relates, the day and place for the nomination of candidates and the day on which the poll is to be taken.

Regulation 2— Notice of Election.

(1) On receipt of a writ for an election, the returning officer to whom the writ is addressed shall publish a notice of the election throughout the constituency in such manner as the Commission shall direct.

(2) Every notice of an election under these Regulation shall be in Form B set out in the Schedule to these Regulations and shall specify the day, the place and the time for the nomination of candidates and the day when the poll is to be taken.

Regulation 3—Nomination of Candidates.

(1) A candidate shall be nominated by a separate nomination paper in the Form C set out in the Schedule to these Regulations which shall be delivered in quadruplicate by the candidate himself or the person who proposes or seconds his nomination to the returning officer on the day and at the place specified in the writ between the hours of nine in the morning and twelve noon and the hours of two and five in the afternoon.

(2) The nomination paper for each candidate shall be—

(a) witnessed by the signature or mark of two electors as proposer and seconder and supported by eighteen other electors as assenting to the nomination; and

(b) endorsed with the candidate's consent to nomination.

(3) No candidate shall be nominated—

(a) in the case of a general election, for more than one constituency; or

(b) in the case of a by-election, if he is a member of Parliament.

(4) No person shall nominate more than one candidate for the election.

(5) A returning officer shall, on accepting the nomination of a candidate for a public election, exhibit forthwith in a conspicuous place on the premises where the nominations are directed to be received, the names of the candidates and the names of the persons who have nominated each candidate.

Regulation 4—Statutory Declaration and Deposit.

(1) A candidate shall, at the time of his nomination—

(a) deliver or cause to be delivered to the returning officer a statutory declaration in Form D set out in the Schedule to these Regulations stating that he is qualified to be, and is not disqualified from being a member of Parliament;

(b) deposit or cause to be deposited such sum as the Commission shall determine; and

(c) deliver or cause to be delivered to the returning officer two post card size copies of his recent photograph (bust).

(2) The statutory declaration shall be made before a magistrate, notary public, commissioner for oaths or any other person authorised by law to administer an oath who shall certify it under his signature.

Regulation 5— Nomination of Candidate.

(1) Whenever the nomination paper and the statutory declaration of a candidate are delivered and the deposit is paid in accordance with these Regulations, the candidate shall be considered to stand nominated unless and until proof is given to the satisfaction of the returning officer of the candidate's death, or the candidate withdraws.

(2) The returning officer shall inform a candidate that his nomination paper is invalid where—

(a) the particulars of the candidate or the persons subscribing the nomination paper are not as required by law; or

(b) the nomination paper is not subscribed as required by law, and allow the candidate an opportunity to make any amendment or alteration that the candidate considers necessary.

(3) Where the returning officer decides that a nomination paper is invalid, after complying with sub-regulation (2), he shall endorse and sign on the nomination paper the fact and the reasons for his decision, and inform the Commission accordingly and the Commission shall refer the matter with its observations on it to the Attorney-General.

(4) Nothing in this regulation shall prevent the validity of a nomination being questioned on an election petition.

(5) Before the close of nominations on the nomination day, the returning officer, the candidate if present or such of the persons who have nominated the candidate as are present shall sign a declaration to the effect that, at the close of the nominations, the nomination of the candidate had been presented and received by the returning officer who shall state in the declaration, the time at which each nomination was received by him and the time at which he accepted each nomination.

Regulation 6—Withdrawal of Candidature.

At any time before the hour of five o'clock in the afternoon on the day appointed for the receipt of nominations, a candidate whose nomination paper has been delivered to the returning officer may, by notice in writing signed by him and delivered to the returning officer withdraw his candidature.

Regulation 7— Where no Candidate Nominated.

(1) Where at the expiration of the time allowed for the delivery of nomination papers no candidate stands nominated, the returning officer shall certify the fact by endorsing that on the writ and forwarding the writ to the Commission.

(2) Within thirty days after the receipt by the Commission of a writ endorsed as provided under sub-regulation (1) in respect of any constituency, a fresh writ shall be issued under regulation 1 for an election in that constituency.

Regulation 8— Unopposed Candidate.

Where at the expiration of the time allowed for the delivery of nomination papers only one candidate stands nominated, that candidate shall be declared elected.

Regulation 9— Contested Elections and Death of Candidate.

(1) Where at the expiration of the time allowed for the delivery of nomination papers two or more candidates stand nominated, a poll shall be taken in the manner provided by these Regulations.

(2) Where for the purpose of a public election two or more candidates are nominated but at the close of the nominations and on the day before the election only one candidate stands nominated, a further period of ten days shall be allowed for nomination of other candidates, and it shall not be lawful for a person nominated within that period of ten days to withdraw his nomination.

(3) Where at the close of nominations and after the expiry of the further period of ten days under sub-regulation (2) of this regulation only one candidate stands nominated there shall be no election and that candidate shall be declared elected.

(4) Where at the close of nominations, but before the election, one of the candidates dies, a further period of ten days shall be allowed for nominations; and where the death occurs at any time within twenty-five days before the election, the election in that constituency shall be postponed.

Regulation 10— Allocation of Symbols and Colours.

(1) Where an election is contested, the Commission shall as soon as practicable after the nomination day—

(a) allocate to each candidate the symbol of his party in the case of a candidate sponsored by a registered political party;

(b) allocate to a candidate who is not sponsored by a political party a symbol or colour chosen by him; or

(c) in any other case allocate such symbols or colours as it considers appropriate.

(2) A symbol or colour shall be chosen or assigned for the purpose of this regulation from among symbols and colours approved by the Commission for the purposes of the election.

(3) No person shall be allocated a symbol which is connected with or is attached to the name, status or dignity of a chief or a symbol or a colour which is connected with any religious or racial association within the meaning of the Avoidance of Discrimination Act, 1957 (No. 38).

Regulation 11— Notice of Poll.

Whenever an election is to be held, the Commission shall, as soon as practicable after the allocation of symbols or colours publish in the Gazette and in such places in the constituencies as it may direct a notice in Form E set out in the Schedule to these Regulations, stating—

(a) the day on which and the time at which the poll is to be taken;

(b) the location of the polling stations for each polling division; and

(c) the full names, addresses, occupations and symbols or colours of the candidates nominated for the election.

Regulation 12— Adjournment of Poll by Statutory Instrument.

(1) The Commission may, at any time between the issue of a writ and the day specified in the writ as polling day, by executive instrument adjourn the taking of the poll to a day not more than thirty days after the day specified earlier.

(2) Where an executive instrument is issued under sub-regulation (1), the writ for the constituency to which the instrument relates shall be deemed to be amended by the substitution of the day to which the taking of the poll is adjourned for the day specified in the writ as polling day.

Regulation 13—Death of Candidate.

(1) Where an election is to be held and proof of the death of a candidate is given to the returning officer before the poll is commenced, he shall inform the Commission of this and the Commission shall revoke notice of the poll; and all proceedings with reference to the election shall, subject to sub-regulation (2) of this regulation, be started afresh as if the writ had been received by the returning officer on the day on which the proof was given to him.

(2) Where proceedings are started afresh, the Commission shall appoint—

(a) a fresh nomination day, which shall be not less than fourteen days and not more than twenty-one days after the day on which proof of the candidate's death was given to the returning officer; and

(b) a fresh polling day, which shall not be more than fourteen days after the nomination day appointed under paragraph (a) of this sub-regulation.

Regulation 14— Provision of Polling Stations.

(1) Subject to sub-regulation (2) of this regulation, for the purpose of taking the poll, the returning officer shall establish one or more polling station for each polling division.

(2) The Commission may direct the returning officer to establish more polling stations for a polling division.

(3) Any convenient building, except a dwelling-house or a building or class of buildings exempted by the Commission may be established by the returning officer as a polling station and used without charge for that purpose.

(4) The Government shall repair out of public funds any damage done to a building as a result of its being used as a polling station.

(5) Where two or more polling stations are established for a polling division, the returning officer shall—

(a) assign to each of the stations such number of the voters registered in the division as the Commission considers appropriate; and

(b) give notice in the polling division in such manner as the Commission may direct, of  the polling stations to which the voters registered in the division have been assigned.

Regulation 15— Presiding Officers and Polling Assistants.

(1) The Commission shall appoint a presiding officer to preside at each polling station and such number of polling assistants as it considers necessary to assist the presiding officer in carrying out his duties.

(2) A polling assistant may act as the presiding officer of a polling station during the absence or incapacity of the presiding officer.

Regulation 16— Equipment of Polling Stations.

(1) The returning officer shall provide each presiding officer with such number of ballot boxes and ballot papers as the Commission may direct.

(2) Every ballot box shall be so constructed that the ballot papers can be put in it by the person voting but cannot be withdrawn by him.

(3) The returning officer shall provide each polling station with—

(a) materials for voting;

(b) instruments for perforating or stamping the ballot papers with the official mark;

(c) instruments for marking the means of identification of a voter in accordance with sub-regulations (1) and (2) of regulation 29 of these Regulations; and

(d) a copy of the divisional register, the transferred voters list, the proxy voters list and the absent voters list relating to the polling division for which the polling station has been established.

(4) A notice giving directions for the guidance of the voters in voting shall be exhibited inside and outside every polling station in as many languages as the Commission may direct for the benefit of the voters.

Regulation 17— Polling Agents.

(1) A candidate may appoint two polling agents to attend at each polling station in the constituency for which he is seeking election for the purpose of detecting personation.

(2) Each candidate shall submit in duplicate to the returning officer in charge of the polling station to which he intends to assign the polling agent, a letter of appointment stating the name and address and other relevant particulars of the polling agent and the polling station to which he is to be assigned.

(3) The returning officer shall upon receipt of the letter of appointment sign both the original and duplicate copies and stamp it and retain the original and return the duplicate to the polling agent.

(4) If a polling agent dies or becomes incapacitated from acting as such the candidate who appointed him may in accordance with sub-regulation (2) appoint another polling agent in his place.

Regulation 18—Transferred Voters List.

(1) A registered voter who at any time before elections to Parliament, is resident for not less than two months in a constituency other than that in which he is registered, may apply to the returning officer of the constituency where he is resident for his name to be entered on the transferred voters list for that constituency.

(2) An application under sub-regulation (1) shall be made not less than twenty-one days before nomination day to the constituency where the applicant is resident and to the constituency where the applicant is registered.

(3) A returning officer to whom an application is made under this regulation shall enter the applicant's name in the transferred voters list for his constituency if he is satisfied that the applicant is resident in a polling division in his constituency and is registered in another constituency.

(4) Whenever a returning officer enters the name of any person on the transferred voters list for his constituency, he shall—

(a) assign that person to a polling station or a polling division in his constituency and indicate in the list the polling division or polling station to which that person is assigned; and

(b) send a copy of the entry to the returning officer of the constituency where the person whose name has been entered is registered.

(5) A person whose name is entered on the transferred voters list for a constituency is entitled to vote at the election in the polling station or polling division to which he is assigned in the list as if it were the polling division where he is registered; and the provisions of regulation 29 of these Regulations shall have effect accordingly.

Regulation 19—Special Voters’ List.

(1) A special voter who because of his duties will be unable to be present on the polling day at the polling station where he is registered, may apply to the returning officer for his name to be entered on the special voters' list.

(2) Every application under sub-regulation (1) of this regulation shall be made not later than seven days before the polling day in the constituency of the applicant and, except in the case of an applicant who is a returning officer, shall be accompanied by a certificate from the applicant's superior officer stating that —

(a) the applicant is registered at a polling station in the constituency of the returning officer to whom the application is made; and

(b) the applicant's duties will prevent him from being present on the polling day at the polling station where he is registered.

(3) A returning officer to whom an application is made under this regulation shall enter the name of the applicant in the special voters' list for his constituency and shall issue to the applicant a certificate authorising him to vote at a polling station other than the polling station at which he is registered.

(4) Every person whose name is entered on the special voters' list for a constituency—

(a) is entitled to vote at a polling station and on a day which is not more than seven days before the polling day, appointed by the returning officer and advertised in such manner as the Commission may direct; and

(b) is not entitled to vote otherwise at the election in respect of which his name has been entered on the special voters list.

(5) Voting at a polling station for special voters under sub-regulation (4) of this regulation shall be conducted in the same manner as voting on polling day.

Regulation 20— Absent Voters’ List.

(1) Each returning officer shall, before polling day, prepare for each polling division in his constituency an absent voters' list containing the names of any persons registered in the division whose names have been entered on the transferred voters list for another constituency or on the special voters list for his constituency.

(2) A person whose name is entered on the absent voters' list for a polling division shall not be entitled to vote in that division and the provisions of regulation 29 of these Regulations shall have effect accordingly.

Regulation 21—Voting by Proxy.

(1) A registered voter who because of ill-health or absence from his constituency will be unable to present himself to vote on polling day may, not less than fourteen days before the poll in the constituency where he is registered apply to the returning officer of the constituency where he is registered or to any representative of the Commission for his name to be entered on the Proxy List.

(2) The applicant shall complete the proxy form set out in Form F of the Schedule to these Regulations in quadruplicate.

(3) The application form shall be endorsed by the returning officer of the constituency of the applicant or the representative of the Commission to whom the application is made and distributed as follows—

(a) the original copy to the returning officer of the constituency where the applicant wishes the proxy to vote;

(b) the duplicate copy to the Commission;

(c) the triplicate copy to the person appointed as proxy; and

(d) the quadruplicate to the applicant.

(4) The returning officer or any representative of the Commission to whom the application is made shall, if satisfied that the proxy is qualified to be registered as a voter and the applicant is a registered voter, enter the names and the particulars of the applicant and the proxy on the proxy list and—

(a) assign the proxy to a polling station in the constituency;

(b) indicate on the proxy list the polling station to which the proxy is assigned; and

(c) forward a copy of the list to the presiding officer for the polling station to which the proxy is assigned.

(5) Every person whose name is entered on the proxy list may vote in the elections at the polling station where he is registered to vote and the provision relating to voting procedure under these Regulations shall have effect accordingly.

(6) No person shall be entitled to have more than one person at a time appointed as a proxy to vote for him at the election.

(7) A person whose application to vote by proxy is accepted and endorsed by the returning officer of the constituency or the Commission shall not vote at the election in respect of which the application was granted.

(8) The appointment of a proxy shall be cancelled by the returning officer or the Commission where an application is made for cancellation by the person who made the application for the appointment of the Proxy.

(9) An application for the cancellation of a Proxy shall be in Form F Part II set out in the Schedule to these Regulations and shall be made not less than seven days before the election to which it relates.

(10) A proxy whose appointment is cancelled shall cease to have the right to vote for the applicant whether or not he is aware of the cancellation.

PART II— THE POLL

Regulation 22—Number of Votes and Place of Voting.

(1) No voter shall cast more than one vote when a poll is taken.

(2) Subject to the provisions relating to transferred voters’ list, special voters' list and absent voters; list under regulations 18, 19 and 20 respectively, a voter shall vote at the polling station allotted to him.

(3) Where at an election in any constituency it is inconvenient or difficult for a voter to vote at his allotted station because he is a candidate for the constituency or is to be employed in an official capacity as an election officer or police officer or otherwise at a polling station in the constituency, the returning officer may, by a certificate under his hand, authorise the voter to cast his vote not at his allotted station but at another polling station in the constituency.

(4) The certificate issued under sub-regulation (1) shall be in triplicate and shall specify the name of the voter to whom it relates, his number and description in the register, the reason for the giving of the certificate and the alternate station at which he is authorised to vote.

(5) Copies of the certificates shall be sent by the returning officer to the presiding officers of the allotted stations and the alternate station; and for the purposes of the election to which the certificate relates—

(a) the copy sent to the presiding officer of the allotted station shall be treated as if it formed part of the absent voters list; and

(b) the copy sent to the presiding officer of the alternate station shall be treated as if it formed part of the copy of the register provided by the returning officer under the provisions of paragraph (d) of sub-regulation (3) of regulation 16 of these Regulations.

Regulation 23— Poll to be Taken by Ballot.

The votes at the poll shall be given by ballot, the result shall be ascertained by counting the votes cast for each candidate and the candidate to whom the majority of votes have been cast shall be declared elected.

Regulation 24— Ballot Papers.

(1) The ballot of every voter shall consist of a ballot paper.

(2) Each ballot paper shall—

(a) contain the names and symbols of all the candidates contesting the election in the constituency;

(b) be capable of being folded up;

(c) have a number printed on it; and

(d) have attached to it a counterfoil with the same number printed on it.

(3) Notwithstanding sub-regulation (2) of this regulation a ballot paper shall not be void because it does not bear any number if it is certified by the Commission that it is a ballot paper issued by it.

Regulation 25— Polling Hours and Admission to Polling Station.

(1) The poll shall be taken between the hours of seven in the morning and five in the evening.

(2) The presiding officer shall regulate the number of voters to be admitted to the polling station at each time, and shall exclude all other persons except—

(a) the candidates and their polling agents;

(b) election officers;

(c) police or military officers on duty;

(d) persons authorised by the Commission; and

(e) the companions of voters who are blind or otherwise physically incapacitated.

Regulation 26—Keeping Order at Polling Station.

(1) It is the duty of the presiding officer to keep order at his polling station.

(2) If a person misconducts himself in a polling station or fails to obey the lawful orders of the presiding officer, he may immediately, by order of the presiding officer, be removed from the polling station by a police or military officer; and a person so removed shall not, without the permission of the presiding officer again enter the polling station on the polling day.

(3) Any person removed under sub-regulation (2) may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a police officer for an offence without a warrant.

(4) The powers conferred by this regulation shall not be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

Regulation 27—Sealing of Ballot Boxes.

Immediately before the commencement of the poll, the presiding officer shall show the ballot boxes empty to the persons present in the polling station so that they can see that the ballot boxes are empty and shall then—

(a) close the ballot boxes and place his seal upon them in such a manner as to prevent their being opened without breaking the seal; and

(b) place them in the view of the public for the receipt of ballot papers.

Regulation 28— Identification of Voters.

(1) A presiding officer may, before delivering a ballot paper the to a person applying to vote at the election require the person—

(a) to make a declaration of identity in the prescribed form and to furnish such other evidence of identity as may be determined by the Commission or as the presiding officer thinks necessary; and

(b) to make a declaration in the prescribed form that he has not already voted at the election in the constituency or, in the case of a general election, in any other constituency.

Regulation 29—Voting Procedure.

(1) Every voter desiring to record his vote shall present himself at his allotted station, and the presiding officer or a polling assistant after satisfying himself that the voter is registered in the divisional register or in the case of a polling division for which two or more polling stations have been established, in that part of the divisional register which relates to his allotted station and has not already voted, and that any other means of identification determined by the Commission in the possession of the voter is valid shall deliver the ballot paper to the voter.

(2) Immediately before the ballot paper is delivered—

(a) the ballot paper shall be perforated or stamped with an official mark selected by the Commission;

(b) a mark shall be placed in the copy of the register against the number of the voter to indicate that the ballot paper has been received; and

(c) a mark, which shall, so far as is possible, be permanent shall be made on the voter or any other means of identification as may be determined by the Commission.

(3) The voter on receiving the ballot paper shall immediately proceed to one of the places set aside in the polling station for the marking of the ballot paper and shall there secretly make on the ballot paper an imprint of his thumb in the box and column provided for that purpose directly against the name and symbol of the candidate for whom he wishes to vote.

(4) The voter shall then fold up the ballot paper and in the presence of the presiding officer and the polling agents and in full view of the general public cast or record his vote by putting the folded ballot paper into the ballot box standing in an open place.

(5) The voter shall vote without undue delay, and shall leave the polling station as soon as he has put his ballot paper into the ballot box.

(6) This provision shall apply subject to the provisions in these Regulations relating to transferred voters' list, special voters' list and absent voters' list.

Regulation 30—Votes Marked by the Presiding Officer.

(1) The presiding officer, on the application of a voter who is incapacitated by blindness or other physical cause from voting in the manner directed by these Regulations, shall cause a ballot paper as directed by the voter to be put in the ballot box.

(2) When he accedes to the request of a voter under sub-regulation (1), the presiding officer shall record in the register opposite the name of the voter the fact that the vote was recorded by him on the application of the voter and the reason why it was so recorded.

Regulation 31—Tendered Ballot Papers

(1) Where a person representing himself to be a particular voter named in the register applies for a ballot paper after another person has voted as such voter, the applicant shall, on making a declaration in the prescribed form, be entitled, subject to this regulation, to vote in the same manner as any other voter.

(2) A tendered ballot paper shall—

(a) be of a different colour from the ballot paper; and

(b) instead of being put into the ballot box—

(i) be given to the presiding officer and endorsed by him with the name of the voter and his number in the register; and

(ii) be set aside by the presiding officer in a separate packet.

(3) The name of any person voting under this regulation and his number in the register shall be entered by the presiding officer on a list of such votes.

Regulation 32— Spoilt Ballot Paper.

A voter who has inadvertently dealt with his ballot paper in such a manner that it cannot be conveniently used as a ballot paper may on delivering it to the presiding officer and proving to his satisfaction the fact of the inadvertence, obtain another ballot paper in place of the ballot paper delivered and the spoilt ballot paper shall be immediately cancelled and the counterfoil marked accordingly.

Regulation 33—Adjournment of Poll by Presiding Officer in Case of Riot, Flood, etc

(1) When the proceedings at any Polling station are interrupted or obstructed by riot, open violence, storm, flood or other natural catastrophe, the presiding officer shall adjourn the proceedings to the following day and shall forthwith give notice to the returning officer.

(2) When the returning officer is satisfied that because of an interruption or obstruction of the kind mentioned in sub-regulation (1) of this regulation it is or will be impossible or impracticable for proceedings which have been adjourned to be continued on the day which they have been so adjourned, he may, with the concurrence of the Commission further adjourn the proceedings for not more than seven days.

(3) Where the poll is adjourned under this regulation, the hours of polling on the day to which it is adjourned shall be the same as on the original polling day.

PART III—AFTER THE POLL

Regulation 34—Counting of Votes and Attendance at the Count

(1) Each candidate may appoint not more than three counting agents to attend at the counting of the votes, and shall give written notice to the returning officer of the names and addresses of the appointed agents.

(2) The returning officer shall make arrangements for counting the votes, at each Polling station in his constituency, in the presence of the counting agents as soon as practicable after the close of the poll, and shall take such steps as he considers reasonable to give to the counting agents notice of the time at which the counting of the votes will commence.

(3) No person other than—

(a) the presiding officer and persons appointed to assist him in counting the votes;

(b) the candidates and their wives or husbands; and

(c) the counting agents,

shall be present at the counting of the votes, unless permitted by the presiding officer to attend.

Regulation 35—Result of Election.

(1) Immediately after the close of the poll the presiding officer shall, in the presence of the counting agents and such other persons that are permitted, under regulation 34 (3) to attend the count—

(a) open each ballot box, take out all the ballot papers in the box; and

(b) proceed to count the ballot papers; and

(c) record the total number of votes cast in favour of each candidate.

(2) The presiding officer, the candidates or their representatives and their polling agents shall then sign a declaration stating—

(a) the total number of persons entitled to vote at that polling station; and

(b) the number of votes cast in favour of each candidate,

and the presiding officer shall there and then announce the results of the voting at that polling station.

(3) A candidate or any of his counting agents may, if present when the counting of the votes is completed, require the presiding officer to have the votes re-counted or again re-counted, but the presiding officer may refuse to do so if in his opinion the request is unreasonable.

(4) As soon as practicable after the announcement of the results of the voting at the polling station, the presiding officer shall, in the presence of such of the candidates and their polling agents, as are present make up into separate packets sealed with his own seal and the seals of such polling agents as desire to affix their seals—

(a) each ballot box in use at the station, sealed so as to prevent the introduction of additional ballot papers;

(b) the unused and spoilt ballot papers placed together;

(c) the tendered ballot papers, the tendered voters list and any declarations made under sub-regulation (1) of regulation 31 and of sub-regulation (2) of regulations 35 of these Regulations; and

(d) the marked copies of the register and the counterfoils of the used ballot papers;

and shall deliver the packets and the ballot boxes, to the returning officer to be taken charge of by him.

(5) The packets mentioned in sub-regulation (4) of this regulation shall be accompanied by a statement made by the presiding officer showing the number of ballot papers entrusted to him and accounting for them under the heads of ballot papers in the ballot box and unused, spoilt and tendered ballot papers.

Regulation 36— Rejected Ballot Paper.

(1) Any ballot paper—

(a) which does not bear the official mark; or

(b) on which anything is written or marked other than the printed number and the imprint of the voter's thumb; or

(c) which is not marked with the imprint of the thumb of the voter or on which the imprint of the thumb of the voter is so marked as to make it impossible to determine the candidate for whom the vote was cast; or

(d) which is void for uncertainty;

shall, subject to sub-regulation (3) of this regulations, be void and not counted.

(2) Notwithstanding sub-regulation (1) a ballot paper shall not be void merely because it was not marked with the imprint of the voter, if it is otherwise sufficiently marked by the voter so as to identify the candidate for whom the vote was cast.

(3) Before rejecting a ballot paper as void, the presiding officer shall, taking all proper precautions to prevent any person from seeing the number printed on it, show the paper to each candidate or to one of his counting agents, if present, and give him an opportunity to express an opinion on the matter.

(4) The presiding officer shall endorse the word "rejected" on any ballot paper which under this regulation is not to be counted, and shall add to the endorsement the words "rejection objected to" if an objection is made by a candidate or counting agent to his decision.

(5) The presiding officer shall draw up a statement showing the number of ballot papers rejected under the several heads of—

(a) want of official mark;

(b) voting for more than one candidate;

(c) writing or mark by which a voter could be identified; or

(d) unmarked or void for uncertainty;

and any candidate or counting agent may copy the statement.

Regulation 37—Decision on Ballot Papers.

The decision of the returning officer on any question arising in respect of a ballot paper shall be final, but shall be subject to review on an election petition.

Regulation 38—Equality of Votes.

(1) Where after the completion of the counting of the votes, including any re-count, an equality of votes is found to exist between any candidates and the addition of a vote would entitle any of those candidates to be declared elected, the returning officer shall certify that fact by endorsing the writ and forwarding the writ so endorsed to the Commission.

(2) Within thirty days after the receipt by the Commission of a writ endorsed in the manner provided by this regulation in respect of any constituency, a fresh writ shall be issued under the provisions of regulation 1 of these Regulations for an election in that constituency.

Regulation 39— Declaration and Publication of Results of Contested Election.

(1) Subject to regulation 38 of these Regulations, the returning officer, shall immediately after the result of the poll from all the stations in his constituency have been given to him—

(a) assemble the results from the polling stations without recounting the ballots in the ballot boxes except where there is challenge by a candidate or his agent in respect of a ballot box;

(b) publicly declare to be elected the candidate to whom the majority of votes has been given;

(c) give public notice of the total number of votes cast for each candidate;

(d) endorse on the writ the name of the person elected; and

(e) forward to the Commission the endorsed writ and a note of the total number of votes cast for each candidate.

(2) On receipt of a writ endorsed in accordance with this regulation, the Commission shall—

(a) publish in the Gazette a notice stating the name of the person elected and the total number of votes cast for each candidate; and

(b) inform the Clerk to Parliament soon thereafter of the name of the candidate elected.

PART IV— MISCELLANEOUS PROVISIONS

Regulation 40—Disposal of Deposit.

(1) Subject to this regulation, the deposit made under regulation 4 of these Regulations shall, as soon as practicable after the result of the election is declared, be returned to the person making it or his personal representative.

(2) Where a candidate is not shown as standing nominated in the statement mentioned in regulation 11 of these Regulations or if the poll is made inapplicable by reason of his death, his deposit shall be returned as soon as practicable after the publication of the statement or after his death, as the case may be, to the person making it or to his personal representative.

(3) Where a poll is taken and after the completion of the counting of the votes, including any re-count, a candidate is found not to have polled more than one-eighth of the total valid votes cast within the constituency, his deposit shall be forfeited and paid into the Consolidated Fund.

Regulation 41—Disposal of Documents.

(1) On the completion of the counting at an election the returning officer shall seal up in separate packets the counted and rejected ballot papers in respect of each candidate and shall then forward to the Commission the following documents:

(a) the sealed packets of counted and rejected ballot papers;

(b) the ballot papers accounts and the statements of rejected ballot papers;

(c) the tendered votes list and any declarations made under sub-regulation (1) of regulation 31 and of sub-regulation (2) of regulation 35 of these Regulations;

(d) the packets of ballot papers counterfoils; and

(e) the packets containing marked copies of the registers;

and endorse on each packet a description of its contents, the date of the election to which they relate and the name of the constituency for which the election was held; and prepare a statement in respect of the said documents which may be copied by any counting agent.

(2) Subject to the provisions of these Regulations, the Commission shall retain for a year all documents forwarded to it under this regulation and shall then, unless otherwise directed by a court, cause them to be destroyed.

(3) Documents relating to an election in respect of which legal proceedings have been started shall not be destroyed until the proceedings have been finally disposed of.

(4) A court trying an offence relating to an election or the High Court hearing an election petition may make an order that any document retained by the Commission under this regulation shall be inspected, copied or produced at a time and place and subject to such conditions as it thinks fit.

(5) No order shall be made under sub-regulation (4) unless the court is satisfied that the inspection, copying or production is required for the purposes of instituting, maintaining, defending, or otherwise, for the purposes of a prosecution of an election petition in respect of the election to which the document relates.

(6) Except as otherwise provided in sub-regulation (4) of this regulation, no person may inspect or copy any document retained by the Commission under this regulation.

Regulation 42—Absence of Candidate or Agent.

Where in these Regulations expressions are used requiring, authorising or implying that any act or thing is to be done in the presence of the candidates or their polling or counting agents, those expressions shall be deemed to refer to the presence of such candidates or agents as may be authorised to attend and have in fact attended at the time and place where the act or thing is being done and the non-attendance of any candidate or agent at that time and place shall not, if the act or thing is otherwise done, invalidate that act or thing.

Regulation 43—Declaration of Secrecy.

(1) Before the opening of the poll a declaration of secrecy in the prescribed form shall be made by—

(a) the returning officer;

(b) other members of the election committee;

(c) every other election officer;

(d) every clerk or interpreter attending at a polling station;

(e) every clerk appointed to assist at the counting of the votes;

(f) every candidate attending at a polling station or at the counting of the votes and every counting agent so attending;

(g) every candidate's wife or husband, as the case may be, attending at the counting of the votes;

(h) every polling agent; and

(i) every person permitted by the returning officer to attend at the counting of the votes, though not entitled to do so.

(2) Notwithstanding sub-regulation (1) the following persons—

(a) a candidate;

(b) a candidate's wife or husband attending by virtue of the regulation authorising candidates' wives or husbands to attend as such; and

(c) a person permitted by the returning officer to attend, though not entitled to do so,

attending at the counting of the votes need not make the declaration of secrecy before the opening of the poll, but shall make it before he or she is permitted to attend the counting; and a polling agent appointed after opening of the poll shall make the declaration before acting as such agent.

(3) Declarations under this regulation shall be made—

(a) in the case of the returning officer and a member of the election committee in the presence of a Judge or a Magistrate; and

(b) in any other case, in the presence of either the returning officer, or presiding officer.

Regulation 44— Interpretation

(1) In these Regulations unless the context otherwise requires—

"absent voters list" means the absent voters list prepared under regulation 20 of these Regulations;

"allotted station" means in relation to a voter the polling station of the polling division in which he is registered or, in the case of a polling division for which two or more stations have been established, the station to which he is assigned;

"alternate station" means the station to which a voter is authorised to cast his vote in pursuance of a certificate issued under sub-regulation (3) of regulation 22 of these Regulations;

"ballot paper account" means the statement prepared in accordance with sub-regulation (2) of regulation 35 of these Regulations;

"close of the poll" means the close of the poll in all polling divisions of the constituency including any polling division where the poll has been adjourned;

"Commission" means the Interim National Electoral Commission;

"election officer" includes a member of the office of the Interim Electoral Commission authorised by the Commission to be present at a polling station;

"elector" means a person whose name appears at the time of a candidate's nomination in the divisional register of one of the polling divisions of the constituency for which the candidate seeks election;

“special voter” means a person registered as a voter who is—

(a) a police or prison officer;

(b) a member of the Armed Forces of Ghana; or

(c) an election officer;

“special voters list" means the special voters list provided for under the provisions of regulation 19 of these Regulations;

“spoilt ballot paper" means a ballot paper inadvertently dealt with in such a manner that it cannot be conveniently used as a ballot paper;

“superior officer" means in relation to—

(a) a member of the Ghana Police Force, a police officer of that Force of or above the rank of superintendent;

(b) a member of the Armed Forces of Ghana, the adjutant of his battalion or an officer holding a comparable appointment;

(c) an election officer, not being a returning officer, the returning officer of the constituency in which the election officer will be on duty.

"tendered ballot paper" means the ballot paper marked in accordance with regulation 31 of these Regulations;

"transferred voters list" means the transferred voters list provided for under regulation 18 of these Regulations.

(2) Reference in these Regulations to a contested election or to an election being contested shall be construed as references to an election in which a public poll is taken.

Regulation 45— Revocation.

The following instruments are hereby revoked—

Public Elections Regulations, 1968 (L.I. 588);

Public Elections (Amendment) Regulations, 1969 (L.I. 625);

Public Elections (Amendment) (No. 2) Regulations, 1969 (L.I. 626);

Public Elections (Amendment) Regulations, 1978 (L.I. 1170);

Public Elections (Amendment) (No. 2) Regulations, 1978 (L.I. 1174);

Public Elections (Amendment) Regulations, 1979 (L.I. 1197); and

Public Elections (Amendment) Regulations, 1979 (L.I. 1202).

 

 

SCHEDULE

Form A

(Regulation 1 (3))

 

FORM OF WRIT

PUBLIC ELECTIONS (PARLIAMENT) REGULATIONS, 1992

 

PART I— WRIT OF ELECTION

TO THE RETURNING OFFICER FOR THE ....................................................................................... ........................................................................ CONSTITUENCY

WHEREAS elections are to be held for the election of members to Parliament.

AND WHEREAS there exists a vacancy in the membership of Parliament ................................... Constituency

NOW THEREFORE I do hereby command you that you do cause the election of a member of the said Parliament to be held according to law for the said Constituency and that you do certify on this writ the name of the person elected AND I DO HEREBY DIRECT that the nomination of candidates shall take place on the ...................... day of ............. 19.......... at .................... and that the poll shall be taken on the ................. day of ........................... 19 ........

GIVEN under my hand this .................... day of ....................... 19 ................................

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

Executive Chairman Interim National Electoral Commission

 

PART II—CERTIFICATE TO BE ENDORSED ON WRIT

 

I HEREBY CERTIFY that the member elected for the .................................... Constituency in pursuance of this writ is ....................................................

Date ..................................................................

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

Returning Officer

OR

 

I HEREBY CERTIFY that at the expiration of the time allowed for the delivery of nomination papers no candidate stood duly nominated in the .............................................................. Constituency

Date ..........................................................................

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

Returning Officer

OR

I HEREBY CERTIFY that, by reason of the fact that an equality of votes was found to exist between the following candidates ....................................................................................................................................

 

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

and by reason of the fact that the addition of a vote would have entitled any one of those candidates to be elected, no member has been elected for the ........................... Constituency

Date ............................................

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

Returning Officer

 

 

FORM B

(Regulation 2 (2))

FORM OF NOTICE OF AN ELECTION

 

THE EXECUTIVE CHAIRMAN OF THE INTERIM NATIONAL ELECTORAL COMMISSION having issued a writ for the election of a member of Parliament for the ...............................Constituency, I will from the .............. day of ................................. 1992 to the ............... day of .................................. 1992 between the hours of nine o'clock in the morning to twelve noon and two o'clock to five o'clock in the evening each day at ............. proceed to the nomination of candidates and to the election of a member for the said constituency.

2. Each candidate must be nominated on a separate nomination form. Forms of nomination and of the declaration required from candidates may be obtained free of charge during office hours at the office of the Returning officer at .............................................................................

3. Every nomination must be proposed and seconded by two registered voters respectively, and supported by eighteen other registered voters and the consent of the candidate must be endorsed thereon.

4. Nomination papers must be delivered to me with the statutory declaration between the above-mentioned hours from the ...................... day of ............... 1992 to the ................... day of ................... 1992 at ..................  as stated above.

5. Two clear and recent Post-Card photographs (bust) in black and white must be submitted with the nomination forms to me.

6. The sum of ...................................................................... cedis must be deposited with me at the time of nomination.

7. The poll will be taken at all polling stations in the ................................. Constituency between the hours of seven o'clock in the morning and five o'clock in the evening on ............................. the ..................... day of ................................................................. 1992.

8. All questions relating to the election should be addressed to the Returning Officer at ................

Dated ................................................................................

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

Returning Officer

 

FORM C

(Regulation 3)

 

FORM OF NOMINATION PAPER

(To be filled in Quadruplicate)

PART I— NOMINATION PAPER

We, the undersigned, registered voters in ....................................... Constituency do hereby nominate ......................................... of the same Constituency to stand for election as a member of Parliament, and we hereby certify that to the best of our knowledge he/she is qualified to be elected as such.

Name ...................................................................................................................................

Polling Station .................................... Serial No. in Register ............................................

Address ..............................................................................................................................................................................

Occupation ..........................................................................................................................

Proposer:

Name ....................................................................................................................................

Polling Station ..............................        Serial No in Register ..............................................

Signature ............................................

Seconder:

Name .................................................................................................................................

Residential Address ..........................................................................................................

Polling Station ..................................... Serial No. in Register ........................................

Signature ..........................................

 

PART II

We, the undersigned, registered voters in ................................................................................. Constituency do hereby support the nomination of ................................................................................................

Polling

            Name                                   Station                              Serial No.                    Signature

1.  .....................................      ....................................      ................................      ...............................

2.  .....................................      ....................................      ................................      ................................

3.  .....................................      ....................................      ................................      ................................

4.  .....................................      ....................................      ................................      ................................

5.  .....................................      ....................................      ................................      ................................

6.  .....................................      ....................................      ................................      ................................

7.  .....................................      ....................................      ................................      ................................

8.  .....................................      ....................................      ................................      ...............................

9.  .....................................      ....................................      ...............................       ...............................

10. ....................................      ....................................      ................................      ...............................

11. ....................................      ....................................      ................................      ...............................

12. ....................................      ....................................      ................................      ...............................

13. ....................................      ....................................      ................................      ...............................

14. ....................................      ....................................      ................................      ...............................

15. ....................................      ....................................      ................................      ...............................

16. ....................................      ....................................      ................................      ...............................

17. ....................................      ....................................      ................................      ...............................

18. ....................................      ....................................      ................................      ...............................

 

 

PART III

I, ........................................................................................................................... consent to nomination for election as a member of Parliament for the ................................... Constituency.

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

Signature

 

 

PART IV

We, the undersigned, do hereby declare that, at the close of the nominations, the nomination of the candidate referred to in Part I of this Form had been presented and received by the Returning Officer and that the nomination of the said candidate was received by the said Returning Officer at ....................... o'clock and accepted by him at ........................... o'clock on ....................the ................... day of............................... 1992.

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

Returning Officer

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

Candidate

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

Supporter

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

Supporter

 

 

 

FORM D

(Regulation 4 (a))

STATUTORY DECLARATION OF A PERSON NOMINATED AS A CANDIDATE FOR ELECTION TO PARLIAMENT

I, .................................................................................. do solemnly and sincerely declare that—

1.  I am a Citizen of Ghana.

2. I have attained the age of twenty-one years.

3. I am a registered Voter.

4. I do not owe allegiance to any country other than Ghana.

5.   (i) I am resident in ........................................................................................

constituency for which I can stand as a candidate for election to Parliament; or

     (ii)   I have resided in ....................................................................................................

constituency for a total period of not less than five years out of the ten years immediately preceding the elections for which I am standing; or

     (iii) I hail from .........................................................constituency.

(Delete where inapplicable).

6.   (i) I have paid all my taxes; or

(ii)   I have made arrangements satisfactory to the appropriate authority for the payment of my taxes (delete where inapplicable)

7. I have not been adjudged or otherwise declared—

(i)   bankrupt under any law in force in Ghana from which I have not been discharged; or

(ii)   to be of unsound mind or detained as a criminal lunatic under any law in force in Ghana.

8. (a) I have not been convicted—

(i) for treason or for an offence involving the security of the State, fraud, dishonesty or moral turpitude; or

(ii) for any other offence punishable by death or a sentence of ten years or more; or

(iii) for an offence relating to or connected with election under a law in force in Ghana at any time; or

(b) I have been convicted for (indicate the offence specified in 8 (a)) ..................................but ten years or more have passed since the conviction, or I have been pardoned (delete where applicable).

9.         (a) I have not been found by a report of a commission or committee of inquiry to be incompetent to hold public office, I am not a person in respect of whom a commission or a committee of inquiry has found that while being a public officer, acquired assets unlawfully, or defrauded the state, or misused or abused my office, or wilfully acted in a manner prejudicial to the interest of the state and such findings have not been set aside on appeal, or judicial review.

(b) I have been disqualified, to stand for the election by a report of a committee of inquiry but ten years or more have passed since the date of my disqualification or I have been pardoned (delete where inapplicable).

10. I am not under sentence of death or other sentence of imprisonment imposed on me by any court.

11. I am not disqualified to be registered as a voter under the provisions of any law relating to public elections.

12. I am not disqualified for election by any law in force in Ghana by reason of my holding or acting in any office the functions of which involve a responsibility for or in connection with the conduct of an election, or any responsibility for the compilation or revision of any Electoral Register.

13. I am not a member of the Police Service, the Prison Service, the Armed Forces, the Judicial Service, the Civil Service, the Audit Service, the Fire Service, the Legal Service, the Parliamentary Service, the Statistical Service, the Customs, Excise and Preventive Service, the Immigration Service or the Internal Revenue Service.

14. I am not a Chief.

15. I am not otherwise disqualified from standing for the election by any law in force in Ghana.

16. I have declared my assets in accordance with the Provisions of the Public and Political Party Office Holders (Declaration of Assets and Eligibility) Law, 1992  (P.N.D.C.L. 280).

I make this solemn declaration knowing and believing the same to be true.

Subscribed and solemnly declared by me .........................................................................................................................

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

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

Date ......................................                          .........................................

Signature of Candidate

Declaration made before

Date ..................................... 19 ................................

 

 

FORM E

(Regulation 11)

 

NOTICE OF POLL

POLLING ARRANGEMENTS FOR THE .................................................................................................................

PART I

I HEREBY GIVE NOTICE that the full names, addresses, occupation, and representative symbols or pictures of the candidates nominated for election in this constituency are as follows:

 

Name  Address         Occupation    Picture            Symbol          

                                                           

                                                           

                                                           

2. I further give notice,

(a) that the poll will be taken in this constituency on the ............... day of  .................... 19 ......... between the hours of ................ o'clock in the morning and ................ o'clock in the evening; and

(b) that the addresses of the polling stations shall be as specified in columns 1, 2, 3 and 4 of Part II of this Notice; and

(c) that in those polling divisions where there is more than one polling station, the electors assigned to each polling station shall be as specified in column 5 of Part II of this Notice.

PART II

 

Column 1        Column 2        Column 3        Column 4        Column 5       

 

 

Region           

 

District           

 

Polling Division        

 

Location of Polling Station   Electors assigned to Polling Station where  more than  one Polling Station    

 

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

Returning officer

FORM F

(Regulation 21 (2))

PART I

FORM OF VOTING BY PROXY

(To be filled in Triplicate)

The Regional Electoral Officer

Interim National Electoral Commission

..............................................  Region

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

(Full Name)

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

hereby apply to vote by Proxy. My proxy is .............................................................................................................

(Full Name)

a ............................................................ of ..................................................................................................................

(Residential Address of proxy)

who, to the best of my knowledge and information, is qualified to be registered as a voter under the electoral law in force in Ghana.

I am a citizen of Ghana and have been registered as a voter in .......................................................................................

................................... polling station in .................................................. constituency.   My serial number in the Register of Voters is ................................................

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

Signature

Date ............................................................................ 19 ...........

 

 

FORM F (Regulation 21 (2))

PART II

CANCELLATION OF APPOINTMENT OF A PROXY

 

The Regional Electoral Officer

Interim National Electoral Commission

......................................... Region

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

of ...................................................................................... Polling Station having on the .......................................... day of ........................................................... 19 ........... appointed ...........................................................................

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

do hereby apply to have the appointment cancelled and accordingly request the Electoral Commission to give effect to the application by the cancellation of the said appointment.

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

 

 

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

Signature of person applying for Proxy

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

Signature of Witness to Signature 

 

Right-Thumb-print                          Address ............................................

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

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

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

 

JUSTICE J. OFORI-BOATENG

Chairman, Interim National Electoral Commission

 

Date of Gazette Notification: 7th August, 1992.

 

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