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C.I 75
PUBLIC ELECTIONS REGULATIONS,
2012
ARRANGEMENT OF REGULATIONS
Regulations
General provisions
1 Appointment of returning
officer
2 Writ of election
3 Notice of election
4 Nomination of candidates for
parliamentary election
5 Nomination of candidates in
presidential election
6 Statutory declaration and
deposit by presidential and
parliamentary candidates
7 Nominated candidate
8 Withdrawal of nomination and
exhibition of names of nominated
9 Where no candidate is
nominated
10 Unopposed candidate
11 Contested election and death
of candidate
12 Allocation of symbols and
colours
13 Notice of poll
14 Adjournment of poll
15 Death of a candidate
16 Provision of polling stations
17 Presiding officers and
polling assistants
18 Equipment for polling
stations
19 Polling agents
20 Transferred voters list
21 Special voters list
22 Absent voters list
23 Voting by proxy
The poll
24. Number of votes and place of
voting
25. Poll to be taken by ballot
26. Ballot papers
27. Polling hours and admission
to polling station
28. Keeping order at polling
station
29. Sealing of ballot boxes
30. Identification and
verification of voters
31. Voting procedure
32. Assistance in voting
33. Spoilt ballot papers
34. Adjournment of poll
After the poll
35. Appointment of counting
agents and counting of votes
36. Result of elections
37. Rejected ballot papers
38. Decision on ballot papers
39. Equality of votes in
parliamentary elections
40. Declaration and publication
of election results
41. Special provisions relating
to presidential elections
Miscellaneous provisions
42. Disposal of deposit
43. Disposal of documents
44. Absence of candidate or
agent
45. Publication in the Gazette
46. Application of Regulations
47. Interpretation
48. Revocation and savings
C.I 75
PUBLIC ELECTIONS REGULATIONS,
2012
IN exercise
of the powers conferred on the
Electoral Commission by Article
51 of the Constitution, these
Regulations are made this 13th
day of August, 2012.
General
provisions
Appointment of returning
officer
1. (1) For
the purpose of holding a public
election, the Electoral
Commission, referred to in these
Regulations as "the Commission
shall appoint
(a) a
returning officer for each
constituency in which the
election is to be held; and
(b) any other
assistants of a-returning
officer determined by the
Commission.
(2) A
returning officer or the
assistant of a returning officer
shall discharge duties under
the general supervision of the
District Electoral Officer of
the Commission.
(3) A person
appointed as a returning officer
or an assistant of a returning
officer shall
(a) swear in
the presence of a Judge or a
judicial officer to faithfully
and impartially fulfill the
duties of that person's office;
and
(b) abide by
the laws and regulations
governing the conduct of
elections.
Writ of
election
2. (1)
For the purpose of a public
election, the Commission shall
issue a writ of election to the
returning officer.
(2) The writ
shall be in a form determined by
the Commission and shall specify
(a) the
period and place for the
nomination of candidates;
and
(b) the day on which the poll is
to be taken which shall
(i) in the
case of a general election not
be less than thirty days or more
than ninety days after the last
day appointed for the nomination
of candidates;
(ii) in the
case of a by-election not be
less than ten days and not more
than fourteen days after the
nomination of candidates, except
that where the by-election is as
a result of the death of a
member of Parliament the poll
shall be taken not less than ten
days and not more than thirty
days from the date of
nomination.
(3) As soon
as the Commission issues a writ,
the Commission shall publish a
notice in the Gazette stating
that the writ has been issued
and specify
(a) the
constituency to which it
relates;
(b) the day
and place for the nomination of
candidates; and (c) the day on
which the poll is to be taken.
Notice of
election
3. (1) The
returning officer shall on
receipt of a writ of election
publish a notice of the election
throughout the constituency in a
manner determined by the
Commission.
(2) A notice
of an election shall be in a
form determined by the
Commission and shall specify
(a) the day,
the place and time [or the
nomination of candidates; and
(b) the day
when the poll is to be taken.
N ominatio
n of candidates for
parliamentary election
4. (1)
A candidate for election to
Parliament shall be nominated on
a separate nomination form in a
manner determined by the
Commission.
(2) The
nom'ination form shall be
delivered in quadruplicate by
the candidate personally or the
person who proposes or seconds
the candidate's nomination to
the returning officer of the
constituency for which the
candidate seeks election on the
day and at the place specified
in the writ between the hours of
(a) nine in
the morning and twelve noon, and
(b) two and five in the
afternoon.
(3) The
nomination form for each
candidate in an election to
Parliament shall be
(a) witnessed by the signature
or mark of two registered voters
as proposer and seconder and
supported by eighteen other
registered voters in the
constituency as assenting to the
nom nation; and
(b) endorsed with the
candidate's consent to
nomination. (4) A candidate
shall not be nominated
(5) A person
shall not nominate more than one
candidate for election to
Parliament.
Nomination
of candidates in presidential
election
5. (1)
A candidate for election as
President shall be nominated on
a separate nomination form in a
manner determined by the
Commission.
(2) The
nomination form for each
candidate in an election for
President shall
(a) be signed
by the candidate;
(b) be signed
by not less than two persons who
are registered voters in the
area of authority of each
district assembly;
(c) designate
a person to serve as Vice
President; and
(d) be
delivered to the Commission on
or before the day appointed as
nomination day in relation to
the election.
(3) The
nomination form shall be in
quadruplicate and shall be
delivered personally by
(a) the
presidential candidate, or
(b) the
person who proposes or seconds
the presidential candidate's
nomination between the hours of
nine in the morning and twelve
noon and the hours of two and
five in the afternoon on or
before the nomination day.
(4) A person
shall not nominate more than one
candidate in a presidential
election.
(5) The
Chairman of the Commission shall
be the returning officer for the
purpose of the election of
President.
Statutory
declaration and deposit by
presidential and parliamentary
candidates
6. (1)
A candidate for presidential or
parliamentary election shall, at
the time of the candidate's
nomination
(a) deliver or cause to be
delivered to the returning
officer
(i) a statutory declaration
stating that that candidate is
qualified to be elected as
President or a member of
Parliament and is not
disqualified from being
elected as such;
and
(ii) four
post card size copies of the
candidate's recent photograph of
bust size with red background
showing the full face and ears
of the candidate; and
(b) deposit
or cause to be deposited an
amount of money determined by
the Commission.
(2) The
statutory declaration shall be
made before a Judge, a judicial
officer, notary public,
commissioner of oaths, or a
person authorized by law to
administer an oath who shall
certify it under the person's
signature.
(3) A person
designated as Vice-President for
the election shall also deliver
to the returning officer a
statutory declaration made in
accordance with sub regulations
1 (a) and (2).
Nominated
candidate
7. (1)
Whenever the nomination paper
and the statutory declaration of
a candidate are delivered and
the deposit is paid in
accordance with these
Regulations, the candidate shall
be considered to stand
nominated, unless proof is given
to the satisfaction of the
returning officer of the
candidate's death, withdrawal or
disqualification.
(2) The
returning officer shall inform a
candidate that the candidate's
nomination is invalid where
(a) the
particulars of the candidate or
the persons subscribing to the
nomination paper are not as
required by law; or
(b) the
nomination paper is not
subscribed to as required by
law, and shall give the
candidate an opportunity to make
amendments or any alteration
necessary, within the
stipulated nomination period.
(3) Where the
returning officer decides that a
nomination paper is invalid,
after complying with
subregulation (2) the returning
officer shall (a) endorse and
sign on the nomination paper the
reasons for that decision; and
(b) inform
the Commission.
(4) The
Commission shall take a decision
on the matter within seven days.
(5) This
regulation shall not prevent the
validity of a nomination to be
questioned on an election
petition.
(6) Before
the close of nominations on the
nomination day,
(a) the returning officer,
(b) the
candidate, if present, or
(c) persons
who have nominated the candidate
and are present shall sign a
declaration to the effect that,
at the close of nominations, the
nomination of the candidate was
presented and received by the
returning officer.
(7) The
returning officer shall state in
the declaration the time at
which each nomination was
received and the time at which
the nomination was accepted.
Withdrawal
of nomination and exhibition of
names of nominated
candidates
8. (1)
Nomination of candidates shall
be submitted and concluded by
close of the day for nomination.
(2) The
returning officer shall compile
and sign a list of the nominated
candidates as at close of
nomination day. .
(3) The
returning officer shall on the
next day following the last day
for nomination post at the
constituency centre, and at
other places as the Commission
may direct,
(a) a notice
providing the names of the
candidates nominated; and
(b) a list of
the persons who have proposed,
seconded and supported each
candidate. (4) Subject to-sub
regulation (2) of regulation 11,
a duly nominated candidate
(a) may
withdraw as candidate at any
time before election day; and
b) write to
the Commission to inform it of
the decision to withdraw
(5) Where a
duly nominated candidate whose
name appears on the nominated
list displayed at the
constituency centre withdraws as
candidate after ballot papers
and related election notices
have been printed, the ballot
papers and related notices may
continue to include the name and
other particulars of the
candidate. .
(6) The
Commission shall not refund the
deposit paid by the candidate in
respect of the nomination and
votes cast in favour of that
candidate shall be declared
invalid.
Where no
candidate is nominated
9. (1) Where
at the end of the time allowed
for delivery of nomination
papers no candidate stands
nominated, the returning officer
shall
(a) endorse
on the writ that no candidate
was nominated;
and
(b) forward the writ to the
Commission.
(2) Within
fourteen days after the receipt
by the Commission of a writ
under sub-regulation (1) in
respect of a constituency, the
Commission shall issue a fresh
writ for an election in that
constituency.
Unopposed
candidate
10.
Where the time allowed for
delivery of nomination papers
has ended and on the day before
the election only one candidate
stands nominated, that candidate
shall be declared elected.
Contested
election and death of a
candidate
11.
(1) Where the time allowed for
the delivery of nomination
papers has ended and on the day
before the election two or more
candidates stand nominated, a
poll shall be taken in the
manner provided by these
Regulations and in accordance
with any exiting applicable law.
(2) Where for
the purpose of a public election
two or more candidates are duly
nominated at the close of the
nominations but before the day
of the election only one
candidate stands nominated,
(a) a further
period often days shall be
allowed for the nomination of
other candidates
(b) a
candidate who withdraws his. or
her nomination shall not obtain
a refund of the fee deposited;
and
(c) where the
period allowed for nomination of
other candidates occurs within
twenty-five days to an election
the election in that
constituency shall be postponed
for a period of not more than
twenty-one days.
(3) Where at
the close of nominations and
after the end of the further
period of ten days under
sub-regulation (2) only one
candidate stands nominated, an
election shall not be conducted
and that candidate shall be
declared elected.
(4) Where at
the close of nominations, but
before the election, one of the
candidates dies, a further
period of ten days shall be
allowed for nominations.
(5) Where the
death of a candidate occurs at
any time within twenty-five days
before the election, the
election in that constituency
shall be postponed for not less
than twenty-one days.
Allocation
of symbols and colours
12.
(1) Where an election is
contested, the Commission shall,
as soon as practicable after
the nomination day
(a) allocate
to a candidate who is sponsored
by a registered political party,
the symbol, colour or
combination of colours of the
party; or
(b) allocate
to a candidate who is not
sponsored by a registered
political party a symbol, colour
or combination of colours chosen
by that candidate; or
(c) allocate
a symbol, colour or combination
of colours that the Commission
considers appropriate in any
other case .
(2) For the
purpose of subregulation (1) a
symbol colour or combination of
colours shall be chosen or
assigned from among symbols and
colours approved by the
Commission for the purposes of
election.
(3) The
Commission shall not allocate to
a candidate a symbol, slogan,
colour or combination of colours
(a)which is
the same as the symbol, slogan
or colour of a registered
political party;
(b) which is
the same as the symbol, slogan
or colour of the Republic; or
(c) which
closely resembles the symbol,
slogan or colour of a registered
political party or the Republic
which is likely to deceive or
confuse members of the public.
Notice of
poll
13.
(1) Whenever an election is to
be held, the Commission shall,
as soon as practicable after the
allocation of symbols, colours
or combination of colours
publish notice of the election
in the Gazette and in the places
in a constituency that it may
direct.
(2) The
notice shall state
(a) the day
on which the poll is to be
taken;
(b) the time
at which the poll is' to be
taken; and
(c) the full
names, photographs, symbols and
colours or combination of
colours of the candidates
nominated for the election.
Adjournment of poll
14.
(1) The Commission may, at any
time between the issue of a writ
and the day specified in the
writ as polling day, adjourn the
taking of the poll for a period
of not more than thirty days
after the day specified earlier.
(2) The
Commission shall publish the
notice of adjournment in the
Gazette.
(3) Where a
notice is published in the
Gazette the writ for the
constituency to which the notice
relates shall be considered as
amended by the substitution of
the day to which the taking of
the poll is adjourned for the
day specified in the writ as
polling day.
Death of a
candidate
15.
(1) Where an election is to be
held and a candidate dies on the
eve of the election and proof of
the death of candidate is given
to the returning officer before
the commencement of the poll the
returning officer shall put on
hold, proceedings in relation to
the election and inform the
Commission.
(2) The
Commission shall on receipt of
information under sub regulation
(1) adjourn the poll and allow a
period often days for the
political party to which the
candidate belonged to nominate a
new candidate.
(3) Where the
deceased candidate was an
independent candidate the
Commission shall not permit the
nomination of another person and
proceedings in relation to the
election shall continue.
(4) Where a
new candidate is nominated by a
political party, the Commission
shall adjourn elections in the
constituency of the deceased
candidate for a period of not
more than twenty-one days from
the day of the nomination of the
new candidate.
Provision
of polling stations
16.
(1) For the purpose of taking
the poll the existing polling
stations prescribed by the
Commission shall be used as
polling stations.
(2) The
Commission may direct a
returning officer to establish
additional polling stations for
an electoral area.
(3) The
returning officer shall inform
political party executives and
any interested party in the
constituency of the
establishment of the additional
new polling stations.
(4) New
polling stations shall not be
established within forty-two
days to an election.
(5) A
convenient building, except a
dwelling-house or a building or
class of buildings exempted by
the Commission, may be
established as a polling station
by the returning officer and
used for that purpose without
the payment of a fee.
(6) The
Commission shall repair out of
public funds any damage done to
a building that is used as a
polling station.
7 .Where two
or more polling station are
established for an electoral
area, the returning officer
shall
(a) assign to
each of the stations a number of
voters registered in the
electoral area subject to the
approval of the Commission;
and
(b) publish a
notice in the electoral area to
inform voters of the stations to
which they have been assigned.
.
Presiding
officers and polling assistants
17.
(1) The Commission shall appoint
(a) a
presiding officer to preside at
each polling station; and
(6) The
Commission shall
(a) publish
at the district office of the
Commission the names of persons
it proposes to appoint as
presiding officers and polling
assistants not later than ten
days before an election;
and
(b) furnish a
copy of the published names to a
political party which requests
for it.
(7) A
registered political party or a
person qualified to vote in an
election may object to the
appointment under subregulation
(5) within three days after the
names of the proposed officials
have been published.
(8) The
objection shall be
(a) in
writing to the Commission; and
(b) based on
factual and verifiable evidence.
(9) An
objection raised against the
appointment of an election
official shall not be
entertained if the objection is
made within seven days to an
election.
(10) The
Commission shall communicate its
decision to the parties involved
within four days after receipt
of the objection.
Equipment
for polling stations
18.
(1) The returning officer shall
provide a presiding officer with
(a) a number
of ballot boxes and ballot
papers;
(b) a
biometric verification
equipment; and
(c) any other
equipment or materials that the
Commission considers necessary.
(2) Each
ballot box shall be of such a
nature that a ballot paper can
be put into it by the person
voting but cannot be taken out
by that person or any other
person.
(3) The
returning officer shall provide
each polling - station with
(a) materials
for voting;
(b)
validating stamps for validating
the ballot paper;
(c)
instruments for marking the
means of identification of the
voter in accordance with
sub-regulations (1) and (2) of
regulation 31; and (d) a copy of
the register and the transferred
voters list, the proxy voters
list, and the absent voters list
if any relating to the polling
station.
(4) A notice
giving directions for guidance
of the voters in the voting
shall be exhibited in each
electoral area as directed by
the Commission.
Polling
agents
19.
(1) A candidate for
parliamentary election may
appoint one polling agent to
attend at each polling station
in the constituency for which
the candidate is seeking
election.
(2) A
candidate for presidential
election· may appoint one
polling agent in every polling
station nationwide.
(3) An
appointment under subregulations
(1) and (2) is for the purpose
of detecting impersonation and
multiple voting and certifying
that the poll was conducted in
accordance with the laws and
regulations governing the
conduct of elections.
(4) A
presiding officer shall give a
polling agent the necessary
access to enable the polling
agent to observe election
proceedings at a polling
station.
(5) A
candidate shall submit in
duplicate to the returning
officer in charge of the
constituency in which the
candidate seeks election, not
later than four days to an
election,
(a) letters
of appointment stating the name
and address of each polling
agent appointed by the
candidate; and
(b) the
polling station to which a
polling agent is to be assigned.
(6) The
returning officer shall set a
date on which the polling agents
shall appear before the
returning officer to swear an
oath to the effect that the
polling agent shall abide by the
laws and regulations governing
the conduct of elections.
(7) After the
oath is taken by the polling
agent the returning officer
shall sign both the original and
duplicate copies of the
appointment letter and issue to
the polling agent the duplicate
copy.
(8) The
polling agent shall present the
duplicate copy of the letter of
appointment to the presiding
officer of the polling station
to which the agent is assigned
on the day of the poll.
(9) Despite
subregulation (5) a candidate
may change an agent under
special circumstances and a new
agent appointed by the candidate
shall swear an oath before the
presiding officer in charge of
the polling station where that
agent is assigned.
(10) If a
polling agent dies or becomes
incapacitated from acting as a
polling agent, the candidate who
appointed the polling agent may
appoint another polling agent.
Transferred voters list
20.
(1) A registered voter who
before an election is resident
for not less than two months in
a constituency other than that
in which the registered voter is
registered may apply
to the returning officer of
the constituency where the
registered voter is resident for
the name to be entered on the
transferred voters list of a
polling station in that
constituency.
(2) The
registered voter shall provide
physical proof of the new
residence in addition to signing
a declaration.
(3) An
application under sub-regulation
(1) shall be made
(a) not less
than forty-two days before the
last day of nomination to the
constituency where the applicant
resides where the application
relates to a nomination or
(b) not less
than forty-two days before
election day to the constituency
where the applicant resides
where the application relates
to voting.
(4) A
returning officer on receipt of
an application shall enter the
applicant's registration details
in the transferred voters list
for the assigned polling station
in the constituency where the
applicant resides if the
returning officer is satisfied
that the applicant has met the
residency requirement specified
under sub-regulation (1).
(5) Whenever
a returning officer enters the
name of a person" on the
transferred voters list, the
returning officer shall
(a) assign
that person to a polling station
in that person's constituency;
and
(b) send a
copy of the entry to the
returning officer of the
constituency where the person
whose name has been entered is
registered.
(6) A person
whose registration details are
entered on the transferred
voters list is entitled to vote
at the election in the polling
station to which that person is
assigned as if it were the
polling station where that
person registered and the
provisions of regulation 31
apply.
(7) A
transfer of vote once effected
is permanent.
(8) A
returning officer shall give a
copy of the transferred voters
list to all political pnrtics on
request.
Special
voters list
21.
(1) A voter may apply to the
returning officer of the
constituency
in which the
voter is registered to be
entered as a special voter if
as a result of election duties
the voter will not be able to be
represented at the polling
station where the voter is
registered on the day of
election.
(2) An
application under sub-regulation
(1) shall be
(a) mane not
later than forty-two days before
the polling day in the
constituency of the applicant
except in the case of an
applicant who is a returning
officer,
(b)
accompanied by a certificate
from the applicant's employer
where the applicant is not a
returning officer stating that
(i) the
applicant is registered at a
polling station in the
constituency of the returning
officer to whom the application
is made; and
(ii) the
applicant's duties will prevent
the applicant from being present
on polling day at the polling
station where the applicant is
registered.
(3) A
returning officer who receives
an application under sub
regulation (2) shall, where the
applicant is a person whose
duties are related to the
elections, ascertain from the
applicant
(a) where the
applicant will be working on
election day;
(b) if the
applicant will be working in the
same constituency where the
applicant is registered but at a
polling station other than where
the applicant is registered or
in a different constituency.
(4) The
returning officer shall
(a) issue the
applicant a certificate that
entitles the applicant to vote
on a day set aside for special
voters;
(b) enter the
registration details of the
applicant on the special voters
list;
(c) enter the
registration details of the
applicant on the absent voters
list of the polling station
where the applicant is
registered; and
(d) inform
the applicant, political parties
and other persons of the date
and time set aside for special
voting.
(5) Where an
application is made to a
returning officer under sub
regulation (1) and the applicant
is a person other than an
election officer the returning
officer shall
(a) enter the
name and other registration
details of the applicant on the
special voters list for the
constituency;
(b) enter the
name and other registration
details of the applicant on the
absent voters list of the
polling station in which the
applicant is registered; and
(c) inform
the applicant, political parties
and other persons of the date
and time set aside for special
voting.
(6) The
returning officer shall give a
copy of the special voters list
to all political parties on
request.
(7) A person
whose name is entered on the
special voters list shall vote
at a polling station specified
by the Commission and on a day
which is not more than seven
days before the polling day
appointed by the returning
officer and advertised in a
manner that the Commission may
direct.
(8) A person
whose name is transferred to the
special voter's list shall not
vote on election day.
(9) A person
shall not vote at a polling
station as a special voter
unless that person's name is on
the special voters list for that
polling station.
(10) Subject
to sub regulation (11) voting at
a polling station for special
voters shall be conducted in the
same manner as voting on polling
day.
(11) The
returning officer shall at the
end of the special voting
(a) ensure
that the ballot boxes are kept
in safe custody after the poll
has closed;
(b) ensure
that the ballot boxes are sealed
with the seals of the
Commission and any candidates
who wish to add their seal;
and
(c) arrange
for the ballot boxes to be
opened at the time of the
counting of the votes cast on
the polling day and the ballot
papers shall be counted in the
same manner as those contained
in the ballot boxes used on the
polling day.
Absent
voters list
22.
(1) A returning officer shall,
not later than fourteen days,
before polling day, make
available to political parties
and to each polling station in
the constituency of the
returning officer an absent
voters list containing
(a) the names
of persons registered in the
station whose names have been
entered on the transferred
voters list for another
constituency; and
(b) the
special voters list for the
returning officer's
constituency.
(2) A person
whose name is entered on the
absent voters list for a polling
station shall not vote in that
station and the provisions of
regulation 31 shall apply.
Voting by
proxy
23.
(1) A registered voter who
(a) due to
ill-health will not be able to
vote on the polling day;
or
(b) is absent
from the constituency and will
be unable to vote on polling day
may not less than forty-two days
before the poll in the
constituency apply to the
returning officer of the
constituency or to the
Commission for the name of the
registered voter to be entered
on the proxy list.
(2) The
applicant shall complete a proxy
form in a manner determined by
the Commission.
(3) The
returning officer or the
representative of the Commission
shall endorse the proxy form and
distribute it as follows:
(a) the
original to the returning
officer of the constituency
where the applicant wishes the
proxy to vote;
(b) the duplicate copy to the
Commission;
(c) the
triplicate copy to the person
appointed as proxy;
and
(d) the quadruplicate copy to
the applicant.
(4) Where the
returning officer or a
representative of the Commission
is satisfied that the proxy is
qualified to be registered as a
voter and that the applicant is
a registered voter, that officer
shall enter the name and the
particulars of the applicant and
the proxy on the proxy list and
(a) assign
the proxy to a polling station
in the constituency;
(b)- indicate
on the proxy list the polling
station to which the proxy is
assigned; and
(c) forward a
copy of the list to the
presiding officer for the
polling station to which the
proxy is assigned.
(5) A person
appointed as a proxy may vote in
the elections at the polling
station where that person is
assigned to vote and the
provision relating to voting
procedure under these
Regulations shall apply.
(6) A person
shall not appoint more than one
person at a time as a proxy to
vote for that person at the
election.
(7) A person
whose application to vote by
proxy is accepted and endorsed
by the returning officer of the
constituency or the Commission,
shall not vote at the election
in respect of which the
application was granted.
(8) The
returning officer or the
Commission shall cancel the
appointment of a proxy where an
application is made for
cancellation by the person who
made the application for the
appointment of the proxy.
(9) An
application for the cancellation
of proxy shall be made (a)
within seven days of the
acceptance and endorsement of
the proxy by the Commission; and
(b) in a form
determined by the Commission.
(10) A proxy
whose appointment is cancelled
shall cease to have the right to
vote for the applicant whether
or not the proxy is aware of the
cancellation
The poll
Number of
votes and place of voting
24.(1)
A voter shall not cast more than
one vote when a poll is taken.
(2) Subject
to the provisions on transferred
voters list, special voters
list, and absent voters list
under regulations 20, 21 and 22
a voter shall vote at the
polling station allotted to the
voter.
Poll to be
taken by ballot
25.
(1) The votes at the poll shall
be taken by ballot and the
results shall be ascertained by
counting the votes cast for each
candidate.
(2) The
candidate who receives the
highest valid votes cast shall
be declared elected in the case
of a parliamentary election.
Ballot
papers
26.(1)
The ballot of every voter shall
consist of a ballot paper.
(2) Each
ballot paper shall
(a) contain
the names, photographs, symbols
and colours or combination of
colours of the candidates
contesting the election in the
constituency;
(b) be
capable of being folded up;
(c) have a
number printed on it; and
(d) have
attached to it a counterfoil
with the same number printed on
the ballot paper.
Polling
hours and admission to polling
station
27.
(1) The poll shall be taken
between the hours of seven in
the morning and five in the
evening.
(2) A voter
who arrives at a polling station
after five in the evening shall
not be allowed to vote.
(3) The
presiding officer shall regulate
the number of voters to be
admitted to the polling station
at each time, and shall exclude
other persons except
(a) the
candidates, their spouses and
their polling or counting
agents;
(b) election
officers;
(c) security
officers on duty;
(d) persons
authorised by the Commission;
and
(e) persons
accompanying voters who are
visually impaired or physically
challenged.
Keeping
order at polling station
28.
(1) The presiding officer shall
maintain order at the polling
station assigned to the
presiding officer.
(2) The
presiding officer may authorise
a security officer to
immediately remove froma polling
station a person
(a) who
behaves in a manner to disrupt
proceedings at the polling
station; or
(b) who fails
to obey the lawful orders of the
presiding officer and that
person shall not be allowed to
enter the polling station on the
polling day without the
permission of the presiding
officer.
(3) Where the
person removed under
subregulation (2) is an agent of
a candidate the presiding
officer shall inform the
candidate who appointed the
agent to replace the agent:
(4) A person
who has been removed from a
polling station may, if charged
with the commission of an
offence, be dealt with as a
person taken into custody by a
police officer for an offence
without a warrant.
(5) The
powers conferred by this
regulation shall not be
exercised to prevent a voter who
is entitled to vote at a polling
station from having the
opportunity to vote at that
station.
Sealing of
ballot boxes
29.
(1) The presiding officer shall
immediately before the
commencement of the poll
(a) show the
transparent ballot boxes' to the
persons present at the polling
station so that they can verify
that the ballot boxes are empty;
(b) close the
ballot boxes and place a seal on
them in a manner to prevent the
ballot boxes from being opened
without breaking the seal; and
(c) place the
ballot boxes in the full view of
the public for the receipt of
ballot papers.
(2) Polling
agents of candidates may affix
their seals on the ballot boxes
after the seals of the
Commission have been affixed,
Identification and verification
of voters
30. (1)
A presiding officer may,
before delivering a ballot paper
to a person who is to vote at
the election, require the person
to produce
(a) a voter
identification card or
(b) any other
evidence determined by the
Commission
in order to
establish by fingerprint or
facial recognition that the
person is the registered voter
whose name and voter
identification number and
particulars appear in the
register.
(2) The
voter shall go through a
biometric verification process.
Voting
procedure
31.
(1) A voter who desires to vote
shall be present at the allotted
station and the presiding
officer or a polling assistant,
shall after being satisfied that
(a) the voter
is registered and has not
already voted; or (b) is voting
as a proxy; deliver the ballot
paper to the voter.
(2)
Immediately before the ballot
paper is delivered to the voter
(a) it shall
be marked with the official
validating stamp of the
Commission;
(b) a mark
shall be placed on the copy of
the register against the number
of the voter to indicate that
the ballot paper has been
received; and
(c) a mark
which shall, so far as possible
be permanent shall be made on
the voter.
(3) The voter
on receiving the ballot paper
shall
(a)
immediately proceed to one of
the places set aside in the
polling station for the thumb
printing of the ballot paper;
and
(b) secretly
make on the ballot paper an
imprint of the voter's thumb in
the box and column provided for
that purpose directly against
the name and symbol of the
candidate for whom the voter
wishes to vote
(4) The voter
shall then fold up the ballot
paper and in the presence of the
presiding officer and the
polling agents and in full view
of the general public cast a
vote by putting the folded
ballot paper into the ballot box
and leave the polling station.
(5) This
regulation applies subject to
the provisions on transferred
voters list and special voters
list as specified under
regulations 20 and 21.
Assistance
in voting
32.
(1) The presiding officer, shall
on request permit a voter who is
visually impaired or physically
challenged to be assisted by a
person of the voter's own choice
to vote in a manner different
from voting procedures specified
in these Regulations.
(2) Where the
presiding officer accepts the
request of a voter under
sub-regulation (1), the
presiding officer shall record
in the register opposite the
name of the voter that the voter
was assisted and the reason for
the assistance.
Spoilt
ballot papers
33.
(1) A voter who inadvertently
deals with a ballot paper given
to the voter in a manner that
the ballot paper can no longer
be used as a ballot paper shall
(a) deliver
the spoilt ballot paper to the
presiding officer;
(b) prove to
the satisfaction of the
presiding officer that the
ballot paper was inadvertently
spoilt; and
(c) obtain
another ballot paper in place of
the spoilt ballot paper
delivered to the presiding
officer.
(2) The
spoilt ballot paper shall be
immediately cancelled and the
counterfoil marked accordingly.
Adjournment of poll
34.
(1) Where the proceedings at a
polling station are interrupted
or obstructed by
(a) riot,
open violence, storm, flood, or
other natural catastrophe
or
(b) the
breakdown of an equipment
(5) The
counting agent shall
authenticate the oath taken
under sub regulation (3) and the
returning officer shall sign
both the original and duplicate
copies of the appointment letter
and issue to the counting agent
the duplicate copy.
(6) Unless
otherwise directed by the
candidate, a polling agent
appointed by a candidate shall
act as a counting agent at the
counting of the votes at the
assigned polling station.
(7) The
returning officer shall
(a) make
arrangements for counting the
votes at each polling station in
the constituency of the
returning officer in the
presence of the counting agents
as soon as practicable after the
close of the poll; and
(b) give
notice to the counting agents of
the time at which the counting
of the votes will commence.
Result of
elections
36.
(1) The presiding officer shall
immediately after the close of
the poll, in the presence of the
candidates or their
representatives and counting
agents;
(a) open each
ballot box and take out all the
ballot papers in the box;
(b) sort out
the ballot papers into valid
ballot papers and rejected
ballot papers in accordance with
regulation 37;
(c) proceed
to count the ballot papers at
the polling station;
(d) record the total number of
votes cast in favour of each
candidate;
and
(e) record
the total number ofrejected
ballots.
(2) The
presiding officer, the
candidates, or their
representatives and the counting
agents shall then sign a
declaration stating
(a) the name
of the polling station;
(b) the total
number of persons entitled to
vote at that polling station;
(c) the
number of votes cast in favour
of each candidate;
and
(d) the total
number of rejected ballots.
(3) The
presiding officer shall
(a) then
announce the results of the
voting at that polling station
before communicating the results
to the returning officer; and
(b) give each
candidate, or the representative
of the candidate or the counting
agent a copy of the declaration
of results.
(4) A
candidate or a representative of
a candidate or a counting agent
may, if present when the
counting of the ballots is
completed, request the presiding
officer to
(a) recount
the ballots; and
(b) to again
recount the ballots for a second
time.
(5) The
presiding officer may refuse to
comply with the request to
recount the ballots for a second
time if, in the opinion of the
presiding officer the request is
unreasonable and shall report
the matter to the re- turning
officer; who shall recount the
ballots for that polling station
only at the constituency
collation centre.
(6) The
presiding officer shall as soon
as practicable after the
announcement of the results of
the voting at the polling
station in the presence of any
of the candidates, the
representatives of the
candidates and the counting
agents make up into separate
packets sealed with the
presiding officer's own seal and
the seals of the counting agents
who wish to affix their seals
(a) each
ballot box used at the station,
in order to prevent the
introduction of additional
ballot papers;
(b) the
unused and spoilt ballot papers
placed together; and
(c) the
marked copies of the register
and the counterfoils of the used
ballot papers.
(7) The
presiding officer shall deliver
the packets and the ballot boxes
specified under sub regulation
(6) to the returning officer
with a statement indicating
(a) the
number of ballot papers
entrusted to the presiding
officer; and
(b) an
account of unused and spoilt
ballot papers.
Rejected
ballot papers
37.
(1) A ballot paper shall subject
to subregulation (2) be void and
not counted if the ballot paper
(a) does not
bear the official mark of the
Commission; or
(b) is not
thumbprinted by the voter to
clearly identify the candidate
for whom the vote was cast; or
(c) is not
thumbprinted at all; or
(d) has on it
a writing or mark by which the
voter could easily be
identified.
(2) The
presiding officer shall before
rejecting a ballot paper as
void,
(a) take proper precautions to
prevent a person from seeing the
number printed on it,
(b) show the
paper to each candidate or the
counting agent of the candidate
if present;
and
(c) give the
candidate or the counting agent
of the candidate an opportunity
to express an opinion on the
matter.
(3) The
presiding officer shall
(a) endorse
the word "REJECTED" on a ballot
paper which is not to be
counted, and
(b) add to
the endorsement the words
"REJECTION OBJECTED TO" if an
objection is made by a candidate
or the counting agent in respect
of the rejected ballot paper.
(4) The
presiding officer shall draw up
a statement showing the number
of ballot papers rejected under
the following headings and a
candidate or a counting agent
may copy the statement:
(a) want of
an official mark;
(b) voting
for more than one candidate;
(c) writing
or mark by which a voter could
easily be identified;
(d) unmarked; or
(e) choice of
voter could not be ascertained.
(5) The
presiding officer shall keep
ballot papers marked "REJECTION
OBJECTED TO" in a separate
envelope and deliver it to the
returning officer who may
re-examine the ballot paper and
take a decision on it.
Decision
on ballot papers
38.
The High Court may on an
election petition, review the
decision of the returning
officer on a question arising in
respect of a ballot paper under
these Regulations.
Equality
of votes in parliamentary
elections
39.
(1) Where in a parliamentary
election after the completion of
the counting of votes including
a re-count, there is an equality
of votes between the candidates
and the addition of a vote would
entitle one of the candidates to
be declared elected, the
returning officer shall
(a) certify
that fact by endorsing the writ;
and
(b) forward
the endorsed writ to the
Commission.
(2) The
Commission shall within thirty
days after receipt of an
endorsed writ in respect of a
constituency, conduct a second
parliamentary election.
(3) The
candidates for election under
sub-regulation (2) shall be the
candidates who obtained equal
votes at the previous election
and the candidate who obtains
most of the valid votes shall be
declared elected.
Declaration and publication of
election results
40.
(1) Subject to regulation 39,
immediately after the results of
the poll for all the polling
stations in the constituency of
the returning officer have been
given to the returning officer
the returning officer shall, in
the presence of the candidates
or the representatives of the
candidate or not more than two
counting agents appointed by
each candidate
(a) assemble
the results from the polling
stations without recounting the
ballots in the ballot boxes,
except where there is a
challenge by a candidate or a
counting agent in respect of a
specific ballot box;
(b) give
public notice of the total
number of votes cast for each
candidate; .
(c) publicly
declare as elected in a·
parliamentary election the
candidate who had the highest
votes;
(d) invite
the counting agents of the
candidates to sign the
declaration of result form and
when signed post a copy at the
constituency collation centre;
(e) endorse
on the writ the name of the
person elected; and
(f) forward
to the Commission the endorsed
writ and a note of the total
number of votes cast for each
candidate.
(2) The
Commission shall, on receipt of
an endorsed writ
(a) in the
case of a parliamentary election
publish in the Gazette a notice
stating the name of the person
elected and the total number of
votes cast for each candidate;
and
(b) inform
the Clerk to Parliament soon
after that, of the name of the
candidate elected.
Special
provisions relating to
presidential elections
41.
(1) In a presidential election,
the candidate who receives more
than fifty percent of the valid
votes cast shall be declared
elected as President.
(2) Where in
a presidential election there
are more than two candidates and
none of the candidates obtains
the percentage of votes
specified in sub-regulation (1),
the Commission shall conduct a
second election within
twenty-one days after the
previous election.
(3) The
candidates for a presidential
election held under sub
regulation (2) shall be the two
candidates who obtained the two
highest number of votes at the
previous election.
(4) Where in
a presidential election three or
more candidates obtain the two
highest number of votes the
candidates shall, subject to any
withdrawals, be the candidates
in the subsequent election and
the same process shall be
continued until a President is
elected.
(5) A
presidential candidate under sub
regulation (3) or (4) may, by
writing under the candidate's
hand, withdraw the candidature
at any time before the election.
(6) If after
a second presidential election
the two candidates obtained an
equality of votes, despite any
withdrawal, the Commission shall
conduct an election within
twenty-one days after the
previous election and the two
candidates shall be the only
candidates and the same process
shall, subject to any
withdrawal, be continued until a
President is elected.
(7) An
instrument which
(a) is
executed under the hand of the
Chairman of the Commission and
under the seal of the
Commission; and
(b) states
that the person named in the
Instrument was declared elected
as the President of Ghana at the
election, is prima facie
evidence that the person named
was elected.
Miscellaneous provisions
Disposal
of deposit
42.
(1) Subject to regulation 11, a
deposit made by a candidate
under these Regulations shall,
as soon as practicable after the
result of an election is
declared, be returned to
(a) the
candidate or the personal
representative of the candidate,
or
(b) forfeited
to the State.
(2) Where a
eandidate is not shown as
standing nominated in the notice
of a poll specified under
regulation 13 or if the poll is
made inapplicable by reason of
the death of the candidate, the
Commission shall as soon as
practicable after the
publication of the notice or
after the death of the candidate
return the deposit to the person
making it or to the personal
representative of the candidate.
(3) Where a
poll is taken and after the
completion" of the counting of
the votes, including a recount,
a candidate is found not to have
polled
(a) in a parliamentary election,
more than twelve and a half
percent of the total valid
votes cast within the
constituency;
or
(b) in a
presidential election, more than
twenty-five percent of the total
valid votes cast in the election
the candidate
shall forfeit a deposit made and
it shall be paid into the
Consolidated Fund.
Disposal
of documents
43.
(1) The returning officer shall
on the completion of the
counting of votes at an election
seal up in separate packets the
counted and rejected ballot
papers in respect of each
candidate and forward to the
Commission the following
documents:
(a) the
sealed packets of counted and
rejected ballot papers;
(b) an
account on the ballot papers and
the statement on rejected ballot
papers;
(c) the
packets of ballot papers
counterfoils; and
(d) the
packets containing marked copies
of the register.
(2) The
returning officer shall
(a) endorse
on each packet a description of
the contents, the date of the
election to which they relate
and the name of the constituency
for which the election was held;
and
(b) prepare a
statement in respect of the
specified documents which may be
copied by a candidate or a
counting agent.
(3) The
Commission shall subject to the
provisions of these Regulations
(a) retain for a year, documents
forwarded to the Commission;
and
(b) destroy
the documents after a year
unless otherwise directed by a
court.
(4) The
Commission shall not destroy
documents relating to an
election in respect of which
legal proceedings have been
instituted until the end of the
proceedings.
(5) A court
trying an offence relating to an
election or the High Court
hearing an election petition may
make an order for a document
retained by the Commission to be
inspected, copied or produced at
a time and place and subject to
the conditions that the Court
considers necessary.
(6) The Court
shall not make an order under
subregulation (5) unless the
court is satisfied that the
inspection, copying or
production of the document is
required to institute, maintain,
defend, or prosecute a matter in
respect of an election petition
and the election to which the
document relates.
(7) A person
shall not inspect or copy a
document retained by the
Commission except as provided
under this regulation.
Absence of
candidate or agent
44.
(l) In these Regulations where
an expression is used that
requires, authorises, or implies
that an act or thing is to be
done in the presence of the
candidates or the polling agents
or counting agents of the
candidate, those expressions
shall be construed as a
reference to the presence of the
candidates or the polling agents
or counting agents of the
candidate authorised to attend
and have attended at the time
and place where the act or thing
is being done.
(2) The
non-attendance of the candidate
or the polling agent or counting
agent of the candidate at the
time and place shall not
invalidate the act or thing
done.
Publication in the Gazette
45. A
matter required to be published
in the Gazette under these
Regulations by the Commission
may, in addition to the
publication in the Gazette,
be published
(a) on the
radio;
(b) on
television;
(c) in the
national newspapers; or
(d) in any
other medium of mass
communication.
Application of Regulations
46.
These Regulations apply to
presidential and parliamentary
elections and with the necessary
modifications to other Public
elections that the Commission
may by constitutional instrument
prescribe.
Interpretation
47.
(1) In these Regulations, unless
the context otherwise requires,
"absent voters list" means the
absent voters list specified
under regulation 22;
"allotted
station" means in relation to
the voter the polling station of
the electoral area in which the
voter is registered or, in the
case of an electoral area for
which two or more stations have
been established, the station to
which the voter is assigned;
"biometric
verification equipment" means a
device provided at a polling
station by the Commission for
the purpose of establishing by
fingerprint the identity of the
voter;
"close of the
poll" means the conclusion of
the poll in all polling stations
of the constituency including
polling stations where the poll
has been adjourned;
"constituency
collation centre" means a
location established by the
Commission in a constituency
where all the results from the
polling stations are brought for
the purpose of adding up and
declaring election results in
that constituency;
"Commission"
means the Electoral Commission;
"election
officer" means a member of the
office of the Commission, or any
other person engaged by the
Commission to be present at a
polling station in an official
capacity;
"judicial
officer" means a person
presiding over a Magistrate
Court, the Judicial Secretary or
the Registrar of a Superior
Court;
"special
voter" means a .person
registered as a voter who is (a)
a security officer, or (b) an
election officer;
"special
voters list" means the special
voters list specified under
regulation 21;
"spoilt
ballot paper" means a ballot
paper inadvertently dealt with
in a manner that it cannot be
conveniently used as a ballot
paper;
"superior
officer" means in relation to
(a) a member
of the Police -Service a police
officer or above the rank of
superintendent;
(b) a member
of the Armed Forces of Ghana,
the adjutant of the battalion or
an officer holding a comparable
rank;
(c) an
election officer, not being the
returning officer of the
constituency in which the
election officer will be on
duty;
(d) any other
person, as the Commission may
determine.
"transferred
voters list" means the
transferred voters list
specified under regulation 20;
and
"voter" means
a person whose name appears on
the certified voters register.
(2) Reference in these
Regulations to a contested
election or to an election being
contested shall be construed as
a reference to an election in
which a poll is taken.
Revocation
and savings
48.
(1) The Public Elections
Regulations, 1996 (C.I. 15) is
hereby revoked.
(2) Despite
the revocation under
subregulation (1) the provisions
relating to the nomination of
candidates as contained in
C.I.I5 shall continue to be
valid until this Instrument
comes into force.
DR. KWADWO AFARI-GYAN
Chairman of the Electoral
Commission
Date of
Gazette notification:
14th,August, 2012,
Entry into force: 28th
September, 2012.
'GHANA
PUBLISHING COMPANY LTD.,
ASSEMBLY PRESS,
ACCRA.GPCLlA67313S01l0/2012
Website:
www.ghanapllblishingcompany.com
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