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             ACTS OF GHANA

                  FOURTH  REPUBLIC

 

C.I. 72

PUBLIC ELECTIONS (REGISTRATION OF VOTERS)
REGULATIONS 2012

ARRANGEMENT OF REGULATIONS

 

Regulation

Registration of voters

1 Qualification for registration

2 Registration centres and electoral areas

3 Voters registers

4 Registration officials

5 Functions of a registration officer

6 Functions of a registration assistant

7 Registration supervisors

8 Objection to appointment of registration supervisors and registra­tion officers

9.           Period of registration

10.       Access to registration centre

11.       Authorised persons

12.       Application for registration

13.       Registration and issue of identification card

14.       Replacement of voter identification card

15.       Use of biometric information

Challenges and complaints

16.       Challenging an application for registration

17.       District Registration Review Committee

18.       Functions of the Committee

19.         Chief Registration Review Officer

20.         Complaints

Provisional voters register and complaints relating to the register

21.       Provisional register of voters

22.       Exhibition

23.       Exhibition officer

24.       Claims and objections after publication of provisional register of voters

25.       Settling claims and objections on provisional register

26.       Certified register

 Offences and miscellaneous provisions

27.              Registration offences

28.              Voter identification card offences

29.              Revision of the register

30.              Public notice and the Gazette

31.            Interpretation

32.              Revocation

 

 SCHEDULE

  

 

 

PUBLIC ELECTIONS (REGISTRATION OF VOTERS)
REGULATIONS 2012

 

IN exercise of the power conferred on the Electoral Commission by article 51 of the Constitution these Regulations are made this 21st day of February, 2012.

Registration of voters

Qualification for registration

1.    (1) A person is entitled to have the name of that person included in the register of voters of an electoral area, if that person is

(a)    a citizen of Ghana;

(b)   eighteen years of age or above;

(c)    of a sound mind;

(d)   resident or ordinarily resident in an electoral area; and

(e)      not prohibited by any law in force from registering as a voter.

(2) For the purpose of paragraph (d) of subregulation (1), a person who is confined in a penal institution located in an electoral area is resi­dent in that electoral area.

(3) A person who applies for registration as a voter shall provide as evidence of identification one of the following:

(a)   a passport;

(b)   a driver's licence;

(c)    a national identification card;

(d)   a National Health Insurance card;

(e)    an existing voter identification card; or

(f)    one voter registration identification guarantee form as set out in Form One of the Schedule that has been completed and signed by two registered voters.

(4) Despite paragraph 69 of subregulation (3), a registered voter shall not guarantee the identity of more than five persons.

 

Registration centres and electoral areas      

 2. (1) The Commission

(a) shall designate registration centres for the purpose of regis­tering voters; and

 (b) may designate any place it considers appropriate as a registra­tion centre.

(2) In designating a place as a registration centre, the Commission shall take into consideration

(a)      the suitability of the place for use as a polling station on election day; and

(b)     the accessibility of the place to prospective applicants for registration.

(3) The Commission shall at least fourteen days before the first day of the national registration of voters, inform political parties and the general public by publication in the Gazette, the radio, television or any other medium of mass communication of a place it designates as a regis­tration centre.

(4) Unless the Commission otherwise directs, the polling stations in existence immediately before the coming into force of these Regula­tions shall constitute registration centres for the registration of voters under these Regulations.

Voters registers 

3.      (1) Each electoral area shall have a voters register consisting of the voters registers of the polling stations in the electoral area.

  (2) Each constituency shall have a register consisting of the voters registers of the electoral areas within the constituency concerned.

Registration officials

4.      The Commission shall appoint a registration officer, registration assistant and any other official it considers necessary, for each registra­tion centre.

Functions of a registration officer

5.      A registration officer shall

(a)      control the proceedings at the registration centre;

(b)  keep the equipment for registration and be accountable for the registration forms and other materials assigned to the registration centre during the entire period of registration;

(c)    keep records of the proceedings at the registration centre in the manner determined by the Commission;

(d)   report promptly and 'in the most convenient manner to the district officer of the Commission or registration supervi­sors, any difficulties encountered at the registration centre for which that registration officer is responsible;

(e)   at the end of each registration day of the national registra­tion period make available to the political parties the names, ages, dates of birth, sex and residential addresses of the applicants registered at the centre; and

(f)    at the end of the registration period return in person all the registration forms, equipment and other material in the cus­tody of that registration officer to the Commission.

 

Functions of a registration assistant

 6. A registration assistant shall

(a)    capture the required bio-data of applicants;

(b)   print the voter identification card;

(c)    laminate the voter identification card; and

(d) carry out any other duties assigned to that registration as­sistant by the registration officer.

 

Registration supervisors

 7. (1) The Commission shall appoint for each district in the country, registration supervisors for the registration of voters.

(2)     Registration supervisors comprise, a registration supervisor and two deputy registration supervisors.

(3)     The registration supervisors shall

(a)make frequent visits to the registration centres in the district during the period of registration;

(b) ensure that the prescribed registration procedures are complied with;

(c) ensure that the essential registration materials and equipment are available; and

(d) make prompt written reports to the district officer or the regional director of the Commission on 

(i) the availability of registration materials and equipment, and

 (ii) any lapses in the performance of duty by officials responsible for the registration of voters.

(4)     For the purposes of paragraph (d) of subregulation (3) reports include reports sent by electronic mail, except that where a report is submitted by electronic mail the hard copy of that report shall be submitted to the recipient of the electronic mail within seventy-two hours after the electronic mail has been sent.

(5)     The registration supervisor shall not keep registration forms and equipment 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 and equipment to and from the registration centres.

(6)     A person who is not authorised by the Commission shall not have access to data on registration.

Objection to appointment of registration supervisors and registration officers

 8. (1) The Commission shall make available to the interested persons or parties at the district office, the names of persons it proposes to appoint as registration supervisors, registration officers and registration assistants for the centres not later than fourteen days before they are appointed.

(2)     A registered political party or person qualified to be registered as a voter may in writing object to any person proposed for appointment as a registration supervisor, a registration officer or a registration assis­tant, within seven days after the names of the proposedofficers have been made available.

(3)     The objection shall be based on factual and verifiable evidence and be made to the Commission.

(4)     The Commission shall communicate the decision of the Com­mission to the parties involved within seven days after receipt of the ob­jection.

Period of registration

9. (1) The Commission shall register voters on a continuous basis.

(2) Despite subregulation (1), the Commission may by notice in the Gazette and in the media specify a period during which a national registration of voters shall take place.

(3)     The Commission may by notice published in the Gazette and in the media review the original period set aside for registration.

(4)     The Commission shall include in the register of voters, the name of a person who qualifies for registration as a voter and is registered.

(5)     Despite subregulation (4), the Commission shall not include in the register of voters the name of the person who qualifies to register as a voter for an election but who registers less than sixty days to that election.

Access to registration centre 

10. (1) A person shall not enter a registration centre unless that per­son

(a)   is applying to be registered as a voter;

(b)   is a member or official of the Commission;

(c)    is submitting a complaint or other official document to the registration officer; or

(d)    is authorised in writing by the Commission to do so.

(2)     The Commission may authorise and give an opportunity to an agent of a registered political party and other interested body or person to observe activities at a registration centre during the period set aside for registration.

(3)     The names of agents of registered political parties shall be submitted to the Commission not later than seven days before the start of registration.

(4)     Despite subregulation (3), a registered political party may change the name of an agent whose particulars have been submitted later than seven days before the start of registration under special circumstances.

(5)     An organisation interested in observing the registration shall not later than twenty-one days before the start of registration submit to the Commission the names of persons that the organisation proposes to act as observers.

 

Authorised persons

11. (1) Any of the following persons may give instructions or direc­tives to registration officer or registration assistant and shall have the right to enter a registration centre:

(a) a member of the Commission;            

(b)   senior personnel of the head office of the Commission charged with monitoring the registration;

(c)   a regional director of the Commission and a deputy regional director of the Commission;

(d)    a district officer of the Commission; and

(e)    a supervising registration officer of a district.

(2)        A registration officer may exclude from the registration centre, any person whose conduct proves to be disruptive to the registration process.

(3)        For the purpose of paragraph (b) of subregulation (1), a senior personnel charged with monitoring the registration means a person assigned by the Commission to monitor the registration exercise.

Application for registration 

12. (1) The Commission shall by notice published in the Gazette and in the media inform a 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 inclusion of that person's name in the register of the electoral area in which that person ordinarily resides or is permitted by law to register.

(2) The application for registration shall be made as set out in Form Two of the Schedule.

(3) The applicant shall appear in person before the registration officer at the registration centre at the time specified by the Commission by notice published in the Gazette.

(4) The applicant shall

(a)    supply the information required to complete the application form; and

(b)     with the thumbprint, authenticate the completed application form.

(5) The registration officer shall complete the application form on behalf of the applicant.

(6) The information required for the registration of an applicant as a voter includes particulars of the applicant's, 

(a) full name, surname, first name and any other names;

(b) date of birth;

(c)    age;

(d)   sex;

(e)  place of birth;

(f)  residential address;

(g)   names of parents; and

(h)   hometown.

(7)      A registration assistant shall capture the biometric data, made up of the ten finger prints and the photograph of the head, showing the bare face and two ears without any obstruction, of the applicant.

(8)      Where a person with less than ten fingers requests to be regis­tered, the registration assistant shall capture the prints of the available fingers.

(9)      The Commission shall make alternative arrangements in rela­tion to biometric data for a person who has no fingers.

(10)       A special list may be created for persons who fall under subregulations (8) and (9).

(11)       The Commission may vary the application procedure and the period of registration in the case of

(a) Ghanaian citizens resident abroad;

(b) a person in legal custody; and

(c) a person with disability or a person who is incapacitated.

(12)    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 direct the applicant to the constituency where the applicant should be registered.

 

Registration and issue of identification card

 13.       Where there is no objection to the application for registration, the registration officer shall enter the name and data of the applicant in the provisional register and shall issue to the applicant a voter identification card in the form determined by the Commission.

Replacement of voter identification card

14.    (1) A person whose identification card is

(a) lost;

(b) stolen;

(c)   damaged;

(d)   tampered with or

(e)   destroyed;

shall report to the district officer of the Commission.

 (2)    The Commission shall on the basis of the recommendation of the district officer authorise the issuance of a replacement voter identifi­cation card to the applicant at a cost to be determined by the Commis­sion.

(3)    The replacement identification card shall have the word "Duplicate" written on it to indicate that it is a replacement identi­fication card.

Use of biometric information 

15. (1) The biometric information of a person registered as a voter shall not be made available to any other person or authority except on the orders of the High Court.

(2) A person who contravenes subregulation (1) commits an of­fence and is liable on summary conviction to a fine of not more than two thousand penalty units, or to a term of imprisonment of not more than four years or to both.

Challenges and complaints

Challenging an application for registration

16.  (1) A person appointed to register voters, a person authorised by the Commission to monitor the registration of voters or a 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.

(2) Where a person's application for registration is challenged and that person claims to be qualified to be registered as a voter,

(a)  the person making the challenge shall complete the voter registration challenge form as set out in the Form Three of the Schedule;

(b)  the registration officer shall complete the registration form on behalf of the applicant but shall not issue the applicant with a voter identification card;

(c)  the registration officer shall send the completed voter regis­tration form together with the completed voter registration challenge form to the district electoral officer; and

(d)  the district electoral officer shall send the completed voter registration form together with the completed voter regis­tration challenge form to the District Registration Review Committee established under regulation 17.

District Registration Review Committee 

17. (1) There is established in each district a District Registration Review Committee referred to in these Regulations as "the Committee", which shall examine challenges related to the registration of voters in the district.

(2)  A District Registration Review Committee consists of 

(a)  one representative of each registered political party active in the district;

(b)  the district officer of the Commission, who is the secretary to the Committee;

(c)  the Police Commander in the district or the representative of that Police Commander;

(d)   the District Director of Education or the representative of that District Director; and

(e)  one representative of the traditional authorities in the district.

 (3) The District Registration Review Committee shall appoint its own chairperson from among its members and shall regulate the conduct of its proceedings.

(4) Without limiting subregulation (3), the conduct of proceedings by the Committee, shall be fair to the parties to the dispute.

 

 

Functions of the Committee 

18. (1) On the receipt of the completed voter registration form of a challenged applicant and the completed voter registration challenge form as provided for in regulation 16 (2), the Committee shall within 

(a) seven days examine the grounds of the challenge to the application;

(b) seven days decide whether or not the applicant is qualified to  be registered as a voter; and

(c) forty-eight hours after its decision communicate the 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 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 a District Court. 

(4)   The Commission shall give effect to the Committee's recommendation, fourteen days after the parties to the dispute have been informed of the Committee's findings unless the Commission has received written notification that either party has appealed against the decision to the Chief Registration Review Officer under regulation 19.

Chief Registration Review Officer

19. (1) In each region, a judge of the High Court shall be the Chief Registration Review Officer and shall determine appeals against the decisions 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, in writing, com­municate the decision arrived at on appeal to the Commission, to the parties and the Commission shall comply with the decision.

 

Complaints

20. (1) Without limiting any of the provisions in these Regulations, a person who is qualified to be registered as a voter may submit a com­plaint as set out in Form Four of the Schedule concerning the registra­tion process to a registration officer or any of the officials specified in regulation 11(1).

(2) An official to whom a complaint is made or 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.

Provisional voters register and complaints relating to the register 

Provisional register of voters

21.       (1) The Commission shall, not later than three months from the end of the registration period compile for each polling station a provisional register of voters stating the name, age, sex, residential address and showing the photograph of each person whose application for registration at that polling station was accepted.

(2) A copy of the provisional register shall be given to each registered political party in the form determined by the Commission.

Exhibition

22.       (1) The Commission shall cause the provisional register of voters of each polling station to be displayed for public inspection at the registration centre for the period that the Commission by notice in the Gazette and the media specifies.

(2) During the exhibition period

(a)  any registered voter may inspect the provisional register of voters to ascertain that the particulars on that voter's identification card are the same as the particulars contained in the provisional register of voters and in case of any discrepancy, request the exhibition officer to make the necessary correction in the provisional register;

(b)   any person whose application for registration during the registration period was accepted but whose name and other particulars do not appear in the provisional voters register of voters may make a claim as set out in Form Five of the Schedule for the name and particulars of that person to be entered in the provisional register ; and

(c)  a person entitled to be registered as a voter may object as set out in Form six of the Schedule to a person whose name appears in the provisional register of voters on the ground that the person is not qualified to be registered as a voter. 

(3)   The Commission shall in addition to the publication provided in subregulation (1), post the provisional register on the website of the Commission.

Exhibition officer                   

23. (1) The Commission shall appoint for each registration centre an exhibition officer to exhibit the provisional register.

(2) The exhibition officer shall

(a)   assist registered voters to find their names in the provisional register;

(b) verify whether the details in the provisional voters register are the same as those on the identification card and if there is a discrepancy make the necessary correction in the register;

(c)  before making a correction in the provisional register com­plete the Correction Form as set out in Form Eleven of the Schedule indicating the nature of the discrepancy in the voter's particulars;

(d)  check for clerical errors and fill 'in the appropriate form; and

(e)  receive claims and objections in the prescribed form concerning the inclusion of a person's name and other particulars in the provisional register.

Claims and objections after publication of provisional register of voters 

24. (1) A person who has a right to have the particulars including the name of that person to be included in the provisional register or to object to the inclusion of any name or the omission of any name from the register may on the publication of the provisional register, submit a complaint as set out in Form Five or Form Six of the Schedule as the case may be to the exhibition officer in respect of any matter relating to the particulars of a person included or omitted in the provisional register.

(2) The exhibition officer shall, within three days after the exhibition period has ended,

(a)  exhibit in a conspicuous place in the registration centre

 (i) a list as set out in Form Seven of the Schedule of persons who have applied to be included in the voters register;

(ii) a list as set out in Form Eight of the Schedule of persons whose inclusion in the register is the subject of an objection; and

(iii) a list as set out in Form Nine of the Schedule ofpersons whose names occur more than once;                                

(b)  send two copies of each of the lists to the district officer of the Commission; and

(c)  send the exhibited provisional register with the corrections of the exhibition officer, to the district officer of the Cornmission.

(3)      The Commission may determine the other relevant particulars that are to be contained in the list.

(4)      The district officer of the Commission shall

(a)    keep a copy of each of the lists of claims and objections, at the office of the district officer; and

(b)    send a copy of the lists of claims and objections to the concerned regional director of the Commission.

Settling claims and objections on provisional register 

25. (1) A district officer of the Commission shall, within seven days J from the date of receipt of the lists of claims and objections from the exhibition officer, submit the complaints and objections to the District Registration Review Officer for determination, and give notice to each person

(a) against whom an objection has been raised

(i)  of the objection, and

(ii)  the reasons for the objection, and

(b) who has made a claim

to attend the hearing presided by the District Registration Review Officer for the determination of the objection or claim.

(2)  The notice shall be as set out in Form Ten of the Schedule.

(3)  For the purpose of sub-regulation (1), the District Court Magistrate shall be the District Registration Review Officer.

 

(4) A Judge of the High Court, who is appointed the Chief Registration Review Officer of the region in which a district is located, shall appoint a lawyer of not less than three years standing and who is preferably resident in the district to be the District Registration Review Officer, if a District Court does not exist in the district or if the chairperson of the District Court is absent.

(5) The District Registration Review Officer shall determine the procedure for settling claims and objections but

(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 identi­fication card issued by the Commission shall be prima facie evidence of registration; and

(c)   a person is not entitled to make a claim or raise an objection in relation to a matter on which the High Court has made a determination before the period of the exhibition of the provisional voters register.

(6) The District Registration Review Officer shall, in writing on the same day of making a decision or as soon as practicable, inform the Commission and the person who is making the claim or the person to whom the objection relates of the decision of that District Registration Review Officer.

(7) The Commission shall give effect to the decision of the District Registration Review Officer within fourteen days after the person mak­ing the claim or the person to whom the objection relates had been in­formed unless the Commission has received certified notification of an appeal to the High Court under sub-regulation (8).

(8) A person aggrieved by the decision of the District Registration Review Officer may appeal to the High Court.

(9) The High Court shall as soon as practicable inform the Com­mission and the parties in dispute of its decision and the Commission shall give effect to the decision.

 

Certified register

26. (1) The Commission shall certify the register after the determination of claims or objections.

(2) After the register has been certified it shall be published in the manner determined by the Commission and shall replace any existing voters register.

 

 

 

Offences and miscellaneous provisions

Registration offences

27.  A person who

(a)    registers as a voter when that person does not qualify to be registered;

(b)    registers as a voter more than once either at the same registration centre or at different registration centres;

(c)     registers as a voter in the name of another person whether that other person is dead or alive;

(d)    by force or threat of use of physical or spiritual force, prevents a person from exercising the right to register as a voter;

(e)    knowingly presents or gives false information in the application or claim of that person for registration, or in connection with the application or claim of another person for registration;

(f)     forges, willfully defaces or destroys any official notice, paper or document relating to the registration of voters;

(g)    delivers to any official connected with the registration of voters any paper or other document in connection with the registration of voters which that person knows to be false;

(h)    challenges or objects to the inclusion of the name of another person in the register of voters on a ground that that person knows to be false;

(i)      gives a voters registration form to another person when that person is not a registration officer;

(j)      without authority from the Commission gives a form relating to the registration of voters to another person;

(k)     without authority from the Commission prints any form relating to the registration of voters;

(l)      disrupts proceedings at a registration centre or in any way interferes with the work of an official connected with registration of voters;

(m)   offers anything of actual or potential value to a person to induce that person  not to register as a voter;

(n)     makes an entry or a statement which that person knows to be false or does not believe to be true for the purpose of registering a voter;

(o)     carries out registration of voters at a place other than a place designated as a registration centre by the Commission;

(p)      tampers with any registration equipment;

(q)      alters captured registration data without authority;

(r)       transfers data to another device without authorisation; or

(s)     intentionally brings an electronic device that interferes with the performance of the equipment to a registration centre or any data centre of the Commission 

commits an offence and is liable on summary conviction to a fine of not more than five hundred penalty units or to a term of imprisonment of not more. than two years or to both.

 

Voter identification card offences 

28. (1) A person who possesses the identification card of another person without the express consent of that other person commits an offence.

(2)   A political party or any other organization shall not be in possession of the identification card of any of its members or of any other person without the express written consent of that member or that other person.

(3)   A person who finds a lost identification card shall, within four­teen days after finding that card, surrender the card to the district officer of the Commission or a police officer in charge of the nearest police station, otherwise that person shall be deemed to be in unlawful posses­sion of another person's identification card.

(4)   A police officer to whom a lost identification card has been surrendered shall surrender the card to the district officer of the Corn- mission within fourteen days after the card had been given to that police officer otherwise that police officer shall be deemed to be in unlawful possession of another person's identification card.

(5)     An individual who commits the offence of unlawful possession of another person's identification card is liable on summary conviction to a fine of not more than five hundred penalty units or a term of imprisonment of not more than two years for each identification card which is held unlawfully.

(6)     A political party, organization or group of persons which commits the offence of unlawful possession of an identification card is liable on summary conviction to a fine of not more than two thousand penalty units and an additional fine of one hundred penalty units for each voter identification card held unlawfully.

Revision of the register 

29.       (1) The Commission shall revise the register of voters annually and may revise the register of voters for electoral areas that The Commission shall determine.

(2) The process for registration as provided in these Regulations apply with the modifications that the Commission shall direct for the revision of any register.

Public notice and the Gazette

30.       Where any matter is required in these Regulations 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.

Interpretation

31.       In these Regulations unless the context otherwise requires,

"active political party in the district" means a political party that has an office and elected officers in at least one con­stituency in that district;

"bio-data" refers to biographic and biometric information of a person required for the purpose of establishing that person's identity;

"Commission" means the Electoral Commission;

"Committee" means the District Registration Review Com­mittee established under regulation 17; 

electronic device" includes mobile phones, computers, wire­less equipment, infra-red devices, Bluetooth devices and related devices;

"identification card" means a voter identification card issued by the Commission indicating that the bearer whose particulars are specified in the card is a registered voter;

“prescribed” means prescribed by the Commission; and

“provisional register” means the provisional register of voters.

Revocation

32. The Public Elections (Registration of Voters) Regulations, 1995 (C.I. 12) is hereby revoked.

SCHEDULE

FORM ONE

(Regulation 1 (3)(f))

 

 

 

 

FORM TWO

(Regulation 12 (3))

 

 

 

FORM THREE

(Regulation 16 (2)(a))

 

 

 

 

FORM FOUR

(Regulation 20 (1))

 

 

 

FORM FIVE

(Regulation 22 (2)(b))

 

 

 

 

FORM SIX

(Regulation 22 (2)(c) and 24(1))

 

 

 

 

FORM SEVEN

(Regulation 24 (2) (a) (i))

 

 

 

 

 

 

FORM EIGHT

(Regulation 24 (2) (a) (ii))

 

 

 

 

 

 

FORM NINE

(Regulation 24 (2) (a) (iii))

 

 

 

 

FORM TEN

(Regulation 25 (2))

 

 

 

FORM ELEVEN

(Regulation 25 (2) (c))

 

DR KWADWO AFARI-GYAN

Chairman of the Electoral Commission

 

Date of Gazette notification: 21st February 2012

 

 

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