PUBLIC ELECTIONS (REGISTRATION
OF VOTERS) REGULATIONS, 2016
C I 91
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 officials
9.Period
of registration
10.Access
to registration centre
11.Authorised
persons
12.Keeping
order at a registration centre
13.Application
for registration
14.Registration
and issue of voter
identification card
15.Replacement
of voter identification card
16 . Use of biometric
information
Complaints and Challenges
17.Complaints
18.Challenging
an application for registration
19.District
Registration Review Committee
20.Functions
of the Committee
21.Chief
Registration Review Officer
Provisional Voters Register
22.Compilation
of provisional register of
voters
23.Exhibition
24.Exhibition
officer
25.Claims
and objections after publication
of provisional register of
voters
26.Settling
claims and objections on
provisional register
27.Certified
register
Offences and
Miscellaneous Provisions
28.Registration offences
29. Voter identification card
offences
30. Revision of the register
31. Publication in the
Gazette
32. Interpretation
33. Revocation and savings
SCHEDULE
IN exercise of the power
conferred on the Electoral
Commission by article 51 of the
Constitution these Regulations
are made this 10th day of
February, 2016.
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 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)
an existing voter identification
card; or
(e)
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 (e)
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 twenty-one days before the
first day of the national
registration of voters, inform
political parties and the
general public by publication in
the Gazette 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, a
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 those whose
registration have been
challenged; and
(f)
at the end of the registration
period return, in person, all
the registration forms,
equipment and other materials in
the custody of that registration
officer to the Commission.
Functions of a registration
assistant
6. A registration assistant
shall
(a)
capture the required biometric
and biographic information 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 for
the purpose of registration of
voters appoint for each district
in the country, registration
supervisors consisting of
(a)
a registration supervisor, and
(b)
two deputy registration
supervisors.
(2) 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.
(3) For the purposes of
paragraph (d) of
subregulation (2), 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.
(4) 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.
(5) A person who is not
authorised by the Commission
shall not have access to data on
registration.
Objection to appointment
ofregistration supervisors and
registration officials
8.
(1) The Commission shall make
available to the interested
persons or parties at the
district office, the names and
pictures of persons it proposes
to appoint ·as registration
supervisors, registration
officers, registration
assistants and any other
official for the centres not
later than fourteen days before
they are appointed.
(2) A registered political party
or an interested person may in
writing object to any person
proposed for appointment as a
registration supervisor, a
registration officer, a
registration assistant, or any
other official within seven days
after the names of the proposed
officers 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) The Commission shall in
consultation with registered
political parties determine the
modalities for the continuous
registration of voters.
(3) The Commission may by
notice in the Gazette
(a)
specify a period during which
the registration of voters shall
take place; or
(b)
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 but shall not
include in the register of
voters the name of a 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
or give an opportunity to
(a) an agent of a
registered political party,
(b)
an interested body, or
(c)
any other 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 not later than three
days before the start of
registration under special
circumstances.
(5)
The powers conferred by this
regulation shall not be
exercised to prevent an
applicant who is entitled to
register at a registration
centre from having the
opportunity to register at that
centre.
Application for registration
13.
(1) The Commission shall by
notice published in the
Gazette 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
an inclusion of the name in the
register of the electoral area
in which that person
(a)
is resident or ordinarily
resident; or
(b)
is permitted by law to register.
(2) The application for
registration shall be 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 the
following particulars of the
applicant:
(a)
full name, surname, first name
and any other names;
(b)
date of birth;
(c)
age;
(1£) sex;
(e)
place of birth;
(f)
residential address;
(g)
names of parents; and
(h) hometown.
(7) A registration assistant
shall capture the biometric
information, 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
information for a person who has
no fingers.
(10) A special list shall be
created for persons who fall
under sub regulations (8) and
(9).
(11) The Commission may vary the
application procedure and the
period of registration in the
case of
(a)
a person in legal custody; and
(b)
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 voter identification
card
14.
Where there is no challenge 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
15.
(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 .
. '
(7) A registration assistant
shall capture the biometric
information, 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 shalf make
alternative arrangements in
relation to biometric
information for a person who has
no fingers.
(10) A special list shall be
created for persons who fall
under sub regulations (8) and
(9).
(11) The Commission may vary the
application procedure and the
period of registration in the
case of
(a)
a person in legal custody; and
(b)
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 voter identification
card
14.
Where there is no challenge 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
15.
(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 "REPLACED" written on
it to indicate that it is a
replacement identification card.
Use of biometric information
16.
(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.
Complaints and Challenges
Complaints
17.
(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
Three of the Schedule concerning
a registration irregularity to a
registration officer or any of
the officials specified in
subregulation (1) of regulation
II.
(2) An official to whom a
complaint is made or referred
shall make a record of the
complaint and either
(a)
resolve the matter; or
/
(b)
refer the matter to the next
higher officer of the Commission
for further action.
Challenging an application for
registration
18.
(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 Form Four of the
Schedule and keep a copy of the
challenge form;
(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 19.
District Registration Review
Committee
19.
(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 shall be 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 but a member
specified under subregulation
(2) (a) shall not be
appointed as a chairperson of
the Committee.
(4) The Committee shall
regulate the conduct of its
proceedings.
(5) Without limiting
subregulation (4), the conduct
of proceedings by the Committee,
shall be fair to the parties to
the dispute.
Functions of the Committee
20. (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 18
(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, the applicant and
any other interested party.
(2) In furtherance of its
functions under subregulation
(1), the Committee
(a)
shall serve notice on parties
concerned as set out in Form
Five of the Schedule;
(b)
shall take evidence from the
parties concerned;
(c)
shall examine relevant document;
(d)
shall call witnesses to testify,
if any; and
(e)
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 decision of the
Committee fourteen days after
the parties to the dispute have
been informed of the decision of
the Committee unless the
Commission has received written
notification that either party
has appealed against the
decision to the Chief
Registration Review Officer
under regulation 21.
Chief Registration Review
Officer
21. (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.
Provisional Voters Register
Compilation of provisional
register of voters
22.
(1) The Commission shall, not
later thari three months from
the end of the registration
period, compile a provisional
register of voters in the
country, stating the name, age,
sex, residential address and
showing the photograph of each
person whose application for
registration was accepted at a
registration centre.
(2) At the end of the
compilation of the provisional
register as provided in
subregu1ation (1), a copy of the
provisional register shall be
given to each registered
political party in the form
determined by the Commission.
Exhibition
23.
(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 may by notice in the
Gazette specify.
(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 register of voters
may make a claim as set out in
Form Six of the Schedule for the
name and particulars of that
person to be entered in the
\provisional register;
(c)
a person entitled to be
registered as a voter may object
as set out in Form Seven 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; and
(d)
an officer of the Commission may
object as set out in Form Seven
of the Schedule to a person
whose name appears in the
provisional register of voters
on the ground that that 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
24.
(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
voters register;
(b)
verify whether the details in
the provisional voters register
are the same as those on the
identification card and if there
is 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 Eight 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;
(e)
receive claims and objections in
the prescribed form concerning
the inclusion of a person's name
and other particulars in the
provisional register; and
(f)
fill the form set out in Form
Seven of the Schedule on the
ground that a person is not
qualified to be registered as a
voter.
Claims and objections after
publication of provisional
register of voters
25.
(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 Six or Form Seven 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
Nine of the Schedule of persons
who have applied to be included
in the voters register;
(ii) a list as set out in Form
Ten 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
Eleven of the Schedule of
persons 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
Commission.
(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
26.
(1) A district officer of the
Commission shall, within seven
days 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 of the objection,
and 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 Twelve 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
magistrate 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, the person who is
making the claim and 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 subregulation
(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
27.
(1) The Commission shall certify
the register after the
determination of claims or
objections.
(2) The procedure for certifying
the register include the
following
:
(a) matching of
fingerprints in the database of
the Commission by automatic
fingerprint identification
system;
(b)
examination of facial and
personal data of all
applications with multiple
registrations by an adjudication
supervisor of the Commission;
(c)
confirmation or rejection of a
registered voter by an
adjudication supervisor of the
Commission;
(d)
printing of the adjudication
report by the adjudication
supervisor of the Commission;
(e)
review of the adjudication
report of the adjudication
supervisor by an Adjudication
Review Committee made up of
(i) Directors and selected
senior officers at the Head
Office of the Commission;
(ii) political party
representatives; and
(iii) representatives of
selected Civil Society
Organisations to determine all
cases of suspected multiple
registrations;
(f)
submission of the report of the
Adjudication Review Committee to
the chairperson of the
Commission for authentication
and approval; and
(g)
addition of approved names to
the final register or deletion
of unapproved names from the
register.
(3) After the register has been
certified it shall be published
in the manner determined by the
Commission and shall replace any
existing voters register.
(4) The Commission shall make
available a certified copy of
the register to the registered
political parties and any other
person that the Commission
considers necessary not later
than twenty-one days after the
register has been certified.
Offences and Miscellaneous
Provisions
Registration offences
28.
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;
(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, wilfully defaces or
destroys any official notice,
paper, document, equipment,
instrument and any other
material 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;
(1) 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;
(0)
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 biometric information
to another device without
authorisation;
(s)
wilfully refuses to provide an
electoral form when required;
(t)
intentionally brings an
electronic device that
interferes with the performance
of the equipment to a
registration centre or any data
centre of the Commission; or
(u)
procures a person to commit any
of the offences under this
regulation
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
29.
(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 organisation 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 Com- 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 three hundred
penalty units or a term of
imprisonment of not more than
six months for each
identification card which that
individual held unlawfully.
(6) Apolitical party,
organisation or a 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 one
thousand penalty units and an
additional fine of one hundred
penalty units for each
identification card held
unlawfully.
Revision of the register
.
30.
(1) The Commission shall revise
the register of voters annually
and may revise the register of
voters for each electoral area
within a period that the
Commission shall determine.
Publication in the
Gazette
31.
Where any matter is required in
these Regulations to be
published in the Gazette,
it shall in addition to the
publication in the Gazette,
be published
(a)
on the radio;
(b)
on television;
(c)
in the national newspaper; br
(d)
any other medium of mass
communication.
Interpretation
32. In these Regulations, unless
the context otherwise requires,
"biographic information" means
information required under
regulation 13 (6) for purposes
of establishing a person's
identity;
"biornetric information" means
the electronic template derived
from the measurement and
analysis of unique human body
characteristics including
fingerprints, facial cuttings,
eye retinas and irises and thumb
measurements for the purpose of
establishing a person's
identity;
"certified register" means the
final register after claims and
objections have been determined;
"Commission" means the Electoral
Commission;
"Committee" means the District
Registration Review Committee
established under regulation 19;
"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 on the
card is a registered voter;
"officer of the Commission"
means a member of the office of
the Commission, or any other
person engaged by the Commission
to be present at a registration
centre or an
exhibition centre in an official
capacity;
"ordinarily resident or resides"
means a person who within four
years prior to the holding of
the election that person has
lived in the electoral area for
an aggregate period of not less
than twelve months;
"political party active in the
district" means a political
party that has an office and
elected officers in at least one
constituency in that district;
"prescribed" means prescribed by
the Commission; and
"provisional register" means the
provisional register of voters
as provided under regulation 22.
Revocation and savings
33.
(1) The Public Elections
(Registration of Voters)
Regulations, 2012 (C.l. 72) is
hereby revoked.
(2) Despite the revocation under
sub regulation (1), the existing
register of voters is saved
under these Regulations until a
new one is compiled by the
Commission.
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