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PUBLIC ELECTIONS (REGISTRATION OF
VOTERS) REGULATIONS, 1995 (CI 12)
ARRANGEMENT OF REGULATIONS
Regulation
PART IREGISTRATION OF VOTERS
1. Qualification for registration
2. Registration centres and
electoral areas
3. Voters registers
4. Registration officers and
registration assistants
5. Registration supervisors
6. Objection to appointment of
registration supervisors and
registration officers.
7. Period of registration
8. Access to registration centre
9. Authorised persons
10. Application for registration
11. Registration and issue of I.D.
cards
PART IICHALLENGES AND COMPLAINTS
12. Challenging an application for
registration
13. District registration review
committee
14. Function of the Committee
15. Chief registration review
officer
16. Complaints
PART IIIPROVISIONAL VOTERS
REGISTER AND COMPLAINTS RELATING
THERETO
17. Provisional register
18. Exhibition
19. Exhibition officer
20. Claims and objections after
publication of provisional
register
21. Settling claims and objections
on provisional register
22. Certified register
23. Lost voter I.D. card
PART IVOFFENCES AND MISCELLANEOUS
PROVISIONS
24. Registration offences
25. Voter I.D. card offences
26. Revision of the register
27. Public notice and the Gazette
28. Interpretation
29. Revocation
SCHEDULE
Schedule
IN exercise of the powers
conferred on the Electoral
Commission by Article 51 of the
Constitution this Instrument is
made this 27th day of July, 1995.
PART IREGISTRATION OF VOTERS
Regulation 1Qualification for
Registration.
A
person who
(a) is a citizen of Ghana;
(b) is of 18 years of age or
above;
(c) is of a sound mind;
(d) is resident or ordinarily
resident in an electoral area; and
(e) is not prohibited by any law
in force from registering as a
voter
is entitled to have his name
included in a register of voters
for the electoral area during a
period set aside for the
registration of voters.
Regulation 2Registration Centres
and Electoral Areas.
(1) The Commission shall designate
any place it considers appropriate
as a registration centre for the
purpose of registering voters.
(2) In designating a place as a
registration centre, the
Commission shall take into
account
(a) the suitability of the place
for use as a polling station on
election day; and
(b) the convenience of prospective
applicants for registration.
(3) The Commission shall make
known to political parties and the
general public by publication in
the Gazette, the radio, television
or other medium of mass
communication any place it
designates as a registration
centre at least 7 days before the
first day of the period set aside
for the registration of voters.
(4) Unless the Commission
otherwise directs, the polling
divisions or stations in existence
immediately before the coming into
force of this Instrument shall
constitute registration centres
for the registration of voters
under this Instrument.
Regulation 3Voters Registers.
(1) There shall be in respect of
each electoral area a register
which shall be the divisional
register for the area.
(2) The divisional registers of
the polling stations in any
constituency shall together
constitute the voters register of
the constituency concerned.
Regulation 4Registration Officers
and Registration Assistants.
(1) The Commission shall appoint a
registration officer and
registration assistants for each
registration centre.
(2) A registration officer shall
(a) exercise full control over the
proceedings at his registration
centre;
(b) have custody of and be
accountable for the registration
forms and other materials assigned
to his registration centre during
the entire period of registration;
(c) keep records of proceedings at
his registration centre in such
manner as the Commission may
determine;
(d) report promptly and in the
most convenient manner to the
district officer of the Commission
or the registration supervisors
any difficulties encountered at
his registration centre; and
(e) return in person all the
registration forms and other
materials in his custody to the
Commission at the end of the
registration period.
(3) A registration assistant shall
carry out duties assigned to him
by the registration officer.
Regulation 5Registration
Supervisors.
(1) The Commission shall appoint
registration supervisors for the
registration of voters.
(2) Registration supervisors shall
comprise a registration supervisor
and two deputy registration
supervisors who shall be appointed
for each district in the country.
(3) The functions of the
registration supervisors are to
(a) make frequent visits to the
registration centres in the
district during the period of
registration;
(b) ensure that the prescribed
registration procedures are being
complied with;
(c) ensure that the essential
registration materials are
available;
(d) make prompt written reports to
the district officer or the
regional director of the
Commission on the availability of
registration materials and any
lapses in the performance of
duties by officials responsible
for the registration of voters.
(4) The registration supervisors
shall not have custody of
registration forms during the
registration period but shall
assist the district officer of the
Commission in the distribution and
collection of registration forms
and other essential registration
materials to and from the
registration centres.
Regulation 6Objection to
Appointment of Registration
Supervisors and Registration
Officers.
(1) The Commission shall publish
in each registration centre the
names of the persons it proposes
to appoint registration
supervisors and registration
officers for the centre.
(2) Any registered political party
or any person qualified to be
registered as a voter may make a
formal written objection to any
person proposed for appointment as
a registration supervisor or
registration officer within 7 days
of the publication of the names of
the proposed officers.
Regulation 7Period of
Registration.
(1) The Commission shall specify
by notice in the Gazette the
period during which the
registration of voters shall take
place.
(2) The Commission may by notice
published in the Gazette review
the original period set for
registration.
(3) No person shall have his name
included in the register of voters
unless he applies for registration
as a voter during a period
specified for that purpose.
Regulation 8Access to
Registration Centre.
(1) No person shall be entitled to
enter a registration centre unless
he is a person
(a) applying to be registered as a
voter;
(b) submitting a complaint or
other official document to the
registration officer; or
(c) authorised in writing by the
Commission to do so.
(2) The Commission may authorise
agents of registered political
parties and other interested
bodies or persons and afford them
ample opportunity to monitor
activities at the registration
centres during the period set
aside for registration.
Regulation 9Authorised Persons.
(1) Any of the following persons
may give instructions or
directives to a registration
officer or his assistant and shall
have right of entry to a
registration centre
(a) members of the Commission;
(b) regional directors of the
Commission and their deputies;
(c) district officers of the
Commission; and
(d) supervising registration
officers of a district.
(2) A registration officer may
exclude from the registration
centre any person whose conduct he
considers to be disruptive to the
registration process.
Regulation 10Application for
Registration.
(1) The Commission shall by notice
published in the Gazette invite
every person who is entitled to be
registered as a voter to apply,
during a period specified in the
notice, to the registration
officer for the registration of
his name in the divisional
register of the electoral area in
which he ordinarily resides.
(2) The application for
registration shall be made on the
form for the purpose set out in
the Schedule to this Instrument.
(3) The applicant shall appear in
person before the registration
officer at the registration centre
at the time specified by notice in
the Gazette by the Commission.
(4) The applicant shall supply the
information required to fill the
application and the registration
officer shall fill the form on
behalf of the applicant who shall
affix his thumbprint.
(5) Where it appears from an
application that the applicant
should be registered as a voter in
a constituency other than that to
which the application relates, the
registration officer shall cause
notice of the application to be
sent to the registration officer
of the constituency where the
applicant should be registered.
(6) The Commission may vary the
application procedure and the
period of registration in the case
of a disabled or incapacitated
person or a Ghanaian citizen
resident abroad.
Regulation 11Registration and
Issue of I.D. Card.
Where upon an application there is
no objection to the application
the registration officer shall
enter the name of the applicant in
the register which shall be
provisional only and shall issue
to the applicant a voter
identification card in such form
as the Commission shall determine.
PART IICHALLENGES AND COMPLAINTS
Regulation 12Challenging an
Application for Registration.
(1) A person appointed to register
voters, a person authorised by the
Commission to monitor the
registration of voters or any
person qualified to be registered
as a voter may challenge a person
applying to be registered as a
voter on the ground that the
applicant does not satisfy the
requirements provided in
Regulation 1 of this Instrument.
(2) Where a person's application
for registration is challenged but
the applicant insists that he is
qualified to be registered as a
voter
(a) the person making the
challenge shall complete the
challenge to registration form
provided in the Schedule;
(b) the registration officer shall
fill the registration form on
behalf of the applicant but shall
not issue the applicant a voter
identification card;
(c) the registration officer
shall send the completed
registration form together with
the completed challenge form to
the District Registration Review
Committee established under
Regulation 13 of this Instrument.
Regulation 13District
Registration Review Committee.
(1) There shall be established in
each district a District
Registration Review Committee
hereafter referred to as the
Committee, which shall examine
challenges related to the
registration of voters in the
district.
(2) A District Registration Review
Committee shall consist of
(a) a representative of each
registered political party active
in the district;
(b) the district officer of the
Commission, who shall be the
secretary to the Committee; and
(c) not more than four other
persons as the commission may
determine.
(3) The District Registration
Review Committee shall appoint its
own chairman from among its
members and shall regulate the
conduct of its procedures.
Regulation 14Function of the
Committee.
(1) Upon the receipt of the
completed registration form and
the completed challenge form
specified in Regulation 12 (2),
the Committee shall
(a) examine the grounds of the
challenge to the inclusion of the
applicant's name in the register
of voters;
(b) decide whether or not the
person is qualified to be
registered as a voter; and
(c) communicate its decision in
writing to the Commission and the
applicant.
(2) In furtherance of its
functions under subregulation (1)
the Committee
(a) shall take evidence from the
parties concerned;
(b) shall examine any relevant
documents;
(c) may call witnesses to
testify; and
(d) may carry out any
investigation relevant to the
issue.
(3) The Committee shall for the
purpose of taking evidence and
calling witnesses have the same
powers as are vested in a
Community Tribunal.
(4) The Commission shall give
effect to the Committee's decision
after 21 days of the applicant
being informed of the Committee's
finding unless it has received
written notification that the
applicant has appealed against the
decision to the Chief Registration
Review Officer in Regulation 15.
Regulation 15Chief Registration
Review Officer.
(1) A High Court Judge of each
region shall be the Chief
Registration Review Officer for
the region and shall determine an
appeal of a voter aggrieved by the
decision of the District
Registration Review Committee.
(2) The practice and procedure for
the hearing of appeals under this
regulation shall be determined by
the Chief Registration Review
officer.
(3) The Chief Registration Review
Officer shall communicate his
decision in writing to the
Commission and to the applicant
and the Commission shall comply
with the decision.
Regulation 16Complaints.
(1) Without prejudice to any
provision in this Instrument any
person qualified to be registered
as a voter may make a complaint in
the prescribed form concerning the
registration process to a
registration officer or any of the
officials specified in Regulation
9 (1) of this Instrument.
(2) An official to whom a
complaint is initially made or to
whom the complaint is subsequently
referred shall make a record of
the complaint and either
(a) resolve the matter to the
satisfaction of the complainant;
or
(b) refer the matter to the next
higher officer of the Commission
for further action.
PART IIIPROVISIONAL VOTERS
REGISTER AND COMPLAINTS RELATING
THERETO
Regulation 17Provisional
Register.
(1) The Commission shall not later
than six months from the end of
the registration period compile a
provisional register of voters for
each polling division stating the
name, age and sex of each person
whose application for registration
at that division was accepted.
(2) A copy of the provisional
register of voters shall be given
to each registered political party
in such form as the Commission may
determine.
Regulation 18Exhibition.
(1) The Commission shall cause the
provisional register of voters of
each polling division to be opened
for public inspection and scrutiny
at the registration centre for
such period as the Commission
shall by notice in the Gazette
specify.
(2) During the exhibition period
(a) any registered voter may
inspect the provisional voters
register to ascertain that the
particulars on his voter I.D. card
are the same as in the provisional
register and in case of any
discrepancy request the exhibition
officer to make the necessary
correction in the register;
(b) any person whose application
for registration during the
registration period was accepted
but whose name does not appear in
the provisional voters register
may make a claim in the prescribed
form for his name to be entered in
the register; and
(c) any person entitled to be
registered as a voter may object
in the prescribed form to a person
whose name appears in the
provisional voters register on the
ground that the person is not
qualified to be registered as a
voter.
Regulation 19Exhibition Officer.
(1) The Commission shall appoint
for each registration centre an
exhibition officer to exhibit the
provisional voters register.
(2) The functions of an exhibition
officer are to
(a) assist registered voters' to
find their names in the
provisional voters' register;
(b) check whether the details in
the provisional voters' register
are the same as those on the
voter's I.D. card and if there is
a discrepancy to make the
necessary correction in the
register;
(c) check for clerical errors;
(d) receive any claims and
objections in the prescribed form
concerning the inclusion of a
person's name in the register.
Regulation 20Claims and
Objections after Publication of
Provisional Register.
(1) Any person who has a right to
claim or object to the inclusion
of any name or the omission of any
name from the register before the
publication of the provisional
register may on the publication of
the provisional register, register
a complaint with the exhibition
officer in respect of any matter
included or not included in the
provisional register.
(2) The exhibition officer shall
within three days after the
exhibition period has ended
(a) exhibit in a conspicious place
in the registration centre two
lists containing the names and
such relevant particulars as the
Commission may determine of
(i)
any person who made a claim for
his name to be included in the
register;
(ii) any person about whose
inclusion in the register an
objection has been made;
(b) send two copies of each of
the lists to the district officer
of the Commission; and
(c) send the exhibited provisional
voters register with his
corrections to the district
officer of the Commission.
(3) The district officer of the
Commission shall
(a) keep a copy of each of the
lists of claims and objections at
his office for public inspection;
and
(b) send a copy of the lists of
claims and objections to the
regional director of the
Commission concerned.
Regulation 21Settling Claims and
Objections on Provisional
Register.
(1) A district officer of the
Commission shall within 7 days
from the date of receipt of the
lists of claimants and objectors
from the exhibition officer submit
the complaints and objections to
the District Registration Revising
Officer of the district for
determination.
(2) For the purpose of
subregulation (1) the Chairman of
the District Community Tribunal
shall be the District Registration
Revising Officer.
(3) The High Court Judge of a
region in which the district is
located shall appoint a lawyer of
not less than three years standing
preferably resident in the
district to be the District
Registration Revising Officer if a
Community Tribunal does not exist
in the district or in the absence
of the chairman of the District
Community Tribunal.
(4) The District Registration
Revising Officer shall determine
the procedure for settling claims
and objections except that
(a) a party to an issue shall be
heard in person or may be
represented by a lawyer;
(b) the lawful possession by a
claimant of an authentic voter I.D.
card issued by the Commission
shall be sufficient proof of
registration; and
(c) no person is entitled to make
any claim or objection for a
matter upon which the High Court
has made a determination prior to
the period of the exhibition of
the provisional voters register.
(5) The District Registration
Revising Officer shall inform the
Commission and the claimant or the
person objected to in writing on
the same day of his decision or as
soon as practicable after that.
(6) The Commission shall give
effect to the decision of the
District Registration Revising
Officer within 21 days of the
claimant or a person objected to
having been informed unless it has
received certified notification of
an appeal to a High Court under
subregulation (7) of this
regulation.
(7) A person aggrieved by the
decision of the District
Registration Revising Officer may
appeal to the High court.
(8) The High Court shall regulate
its own procedure for hearing
appeals under this regulation.
(9) The High court shall inform
the Commission and the claimant or
the person objected to as soon as
practicable, except that the
Commission shall give effect to
the decision of the High Court
irrespective of the time it was
made.
Regulation 22Certified Register
(1) The Commission shall certify
the register after the
determination of any claim or
objection by the High Court.
(2) After the register has been
certified it shall be published in
such manner as the Commission may
determine and shall take effect in
place of any existing register of
voters.
Regulation 23Lost Voter I.D.
Card.
Any person who loses his voter I.D.
card shall within 7 days of
becoming aware of the loss report
the loss in person to the district
officer of the Commission or to a
police officer in charge of the
nearest police station who shall
in turn report the loss to the
district officer of the Commission
within 7 days of the receipt of
the report.
PART IVOFFENCES AND MISCELLANEOUS
PROVISIONS
Regulation 24Registration
Offences.
Any person who
(a) registers or attempts to
register as a voter knowing that
he is not qualified to do so; or
(b) registers or attempts to
register as a voter more than once
at the same registration centre;
or
(c) registers or attempts to
register as a voter at more than
one registration centre in the
country; or
(d) registers or attempts to
register as a voter in the name of
another person dead or alive; or
(e) by force or threat of force,
physical or spiritual, prevents or
attempts to prevent a person from
exercising his right to register
as a voter; or
(f) knowingly presents or gives
false information in his
application or claim for
registration, or in connection
with the application or claim of
another person for registration;
or
(g) forges, wilfully defaces or
destroys any official notice,
paper or document relating to the
registration of voters; or
(h) delivers to any official
connected with the registration of
voters any paper or other document
in connection with the
registration of voters which he
knows to be false; or
(i)
challenges or objects to the
inclusion of the name of another
person in the register of voters
on a ground he knows to be false;
or
(j) gives a voters registration
form to any person when the first
mentioned person is not a
registration officer; or
(k) without authority from the
Commission gives a form relating
to the registration of voters to
any person; or
(l) without authority from the
Commission prints any form
relating to the registration of
voters; or
(m) disrupts proceedings at a
registration centre or in any way
interferes with the work of an
official connected with
registration of voters; or
(n) offers anything of actual or
prospective value to a person to
induce that person not to register
as a voter; or
(o) gives his voter I.D. card to
another person for purposes of
voting commits an offence and is
liable on summary conviction to
imprisonment for a term not
exceeding one year.
Regulation 25Voter I.D. Card
Offences.
(1) It is an offence for any
person to be in possession of
another person's voter I.D. card
without the express consent of
that person.
(2) No political party or any
other organization shall be in
possession of the voter I.D. card
of any of its members or any other
person without the express written
consent of that member or person.
(3) Any person who finds a lost
voter I.D. card shall surrender it
to the district officer of the
Commission or a police officer in
charge of the nearest police
station within 7 days of the find
or else be deemed to be in
unlawful possession of another
person's voter I.D. card.
(4) A police officer to whom a
lost voter I.D. card has been
surrendered shall surrender it to
the district officer of the
Commission within 7 days of it
being given to him or else be
deemed to be in unlawful
possession of another person's
voter I.D. card.
(5) Any person convicted of
unlawful possession of another
person's voter I.D. card is liable
to a fine not exceeding five
hundred thousand cedis or to
imprisonment for a term not
exceeding one year for each voter
I.D. card held unlawfully.
(6) Any political party,
organization or group of persons
convicted of unlawful possession
of a voter I.D. card is liable to
a fine not exceeding one million
cedis for each voter I.D. card
held unlawfully.
Regulation 26Revision of the
Register.
(1) The Commission shall revise
the register annually and may
revise the registers for such
electoral areas as the Commission
shall determine.
(2) The processes for registration
as provided in this instrument
shall apply with such modification
as the Commission shall direct for
the revision of any register.
Regulation 27Public Notice and
the Gazette.
Where any matter is provided in
this Instrument to be published in
the Gazette it may in lieu of or
in addition to the publication in
the Gazette be published through
radio, television, the national
newspapers or any other medium of
mass communication.
Regulation 28Interpretation.
In this instrument unless the
context otherwise requires
Commission means the Electoral
Commission.
I.D. card means a voter
identification card issued by the
commission indicating that the
bearer whose particulars are
specified therein is a registered
voter;
prescribed means prescribed by
the Commission.
Regulation 29Revocation.
The following instruments are
hereby revoked
Registration of Voters
Regulations, 1968 (L.I. 587);
District Assembly Elections
Regulations, 1988 (L.I. 1396);
District Assembly Elections
(Registration of Voters)
Regulations, 1988 (L.I. 1397).
SCHEDULE
ELECTORAL COMMISSION OF GHANA
VOTER REGISTRATION CHALLENGE FORM
Name of Registration
Centre
............................................
Date of challenge .........
What is the name and address of
the person who has been challenged
? (please Print Clearly)
....
(Name of person challenged)
....
(Address of person challenged)
What is the reason for the
challenge? (tick all that apply)
Below 18 Years
Old
Not of Sound Mind
Not a Ghanaian
Citizen
Previously Registered
Not a Resident of
Locality
Other
............................................
Not the Person He or She
Claims to be (Impersonation)
Print the Name and Address of the
person making the challenge
......
.......................................................................
Name of Person making the
Challenge
.....
Address of person making the
challenge
I
swear or affirm that the
information I have provided on
this form is true and correct to
the best of my knowledge.
..............................................................
19
...........
.
Signature of person making
challenge
Registration Officer, please write
below any facts concerning the
challenge you think important:
.....
......
.....
......
......
..
.....
......
.....
......
....
...
...............................
..
...
Signature of Registration Officer
........................................
Date
........................................
ELECTORAL COMMISSION OF GHANA
REPORT OF IRREGULARITY AT A
REGISTRATION CENTRE
Registration Centre
Number...............
..........
Date Irregularity Reported
............
What is the irregularity alleged?
(tick all that apply) Give details
on back of form where necessary.
Completed Forms Storage Box Seal
Broken
Forms not Used in Serially
Numbered Order
Forms not Assigned to this Centre
Used
Registration Officials Left Early.
Note time ....
...
Centre Ran Out of Supplies. Note
time
...............
Official Unlawfully Rejected
Applications
Officials ignored party agent's
complaints
Other, please specify clearly on
back of form
Unused forms storage box seal
broken.
Forms sent to another centre
without documentation
Registration Officials arrived
late. Note time
.....................
......
Unnecessary delay in taking
Registrations
Officials discourteous to the
public
Procedure not properly followed.
.
(Printed name of Person reporting
irregularity)
.....................
..................
.................
............................................................................
Address (including House Number)
of person reporting irregularity
I
swear or affirm that the
information I have provided on
this form is true and correct to
the best of my knowledge.
.....................................................
Signature of person reporting
..................
..........................................
.......................
.....................
Printed name of official receiving
report
......................................................................................
Signature of
Official
Official Badge Number
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
DR. AFARI GYAN
Chairman, Electoral Commission
Date of Gazette Notification: 28th
July, 1995.
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