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ARRANGEMENT OF REGULATIONS
PART I—GENERAL
Regulation
1. Issue of writ
2. Notice of Referendum
3. Allocation of symbols or
colours
4. Notice of poll
5. Adjournment of poll by
executive instrument
6. Provision of polling stations
7. Presiding Officers and Polling
Assistants
8. Equipment of polling stations
9. Notice of directions for the
guidance of voters at polling
stations.
10. Proxy list
11. Transferred voters list
12. Special voters list
13. Absent voters list
PART II—THE POLL
14. Number of votes and place of
voting
15. Poll to be taken by ballot
16. Polling hours
17. Admission to polling station
18. Keeping order at polling
station
19. Sealing of ballot boxes
20. Identification of voters
21. Voting procedure
22. Votes marked by the presiding
officer
23. Tendered ballot papers
24. Spoilt ballot papers
25. Adjournment of poll in case of
riot, flood, etc.
PART III—AFTER THE POLL
26. Procedure on close of poll.
27. Attendance at the count
28. The count
29. Adjournment of counting of
votes
30. Rejected ballot papers
31. Decision on ballot papers
32. Declaration and publication of
results
33. Electoral Commissioner to
inform S.M.C. of results
34. Disposal of documents
35. Declaration of secrecy
36. Interpretation
SCHEDULE
IN exercise of the powers
conferred on the Electoral
Commissioner by section 4 of the
Electoral Commission Decree, 1977
(S.M.C.D. 114) and with the prior
approval of the Supreme Military
Council, these Regulations are
made this 28th day of December,
1977.
PART I—GENERAL
Regulation 1—Issue of Writ.
(1) Whenever there is occasion to
hold a referendum the Electoral
Commissioner shall issue a writ
for the referendum addressed to
the returning officer of the
constituency or ward in which a
referendum is to be held.
(2) Every writ shall be in the
Form A set out in the Schedule to
these Regulations and shall
specify the day on which the poll
shall be taken.
Regulation 2—Notice of Referendum.
(1) So soon as a writ has been
issued the Electoral Commissioner
shall—
(a) cause the writ to be
transmitted to the returning
officer to whom it is addressed;
and
(b) publish a notice in the
Gazette stating:
(i)
that the writ has been issued,
(ii) the constituencies or wards
in which the poll is to be taken,
(iii) the day on which the poll is
to be taken,
(iv) the issues to be determined
by the referendum,
(v) the colour or symbol assigned
to each issue; and;
(vi) the number allocated to each
issue.
(2) On the receipt of a writ for
the conduct of referendum, the
returning officer to whom the writ
is addressed shall publish a
notice of the referendum
throughout his constituency or
ward in such manner as the
Electoral Commissioner shall
direct.
(3) The Electoral Commissioner
shall, as soon as practicable
after issuing the writ for a
referendum, cause to be assigned
to each of the issues for
determination by the referendum a
symbol, colour, or number.
(4) Every notice of a referendum
under sub-regulation (2) shall be
in the Form B set out in the
Schedule to these Regulations and
shall specify the issues to be
determined by the referendum and
the day when the poll is to be
taken and the colour or symbol
assigned to each issue and the
number allocated to each issue.
Regulation 3—Allocation of Symbols
or Colours.
For the purposes of a referendum,
the Electoral Commissioner shall
not assign a symbol or colour
which is connected with or touches
upon, in whatever manner the name,
status or dignity of a chief or
symbol or name which is connected
with any religion or social
association within the meaning of
the Avoidance of Discrimination
Act, 1957 (No. 38).
Regulation 4—Notice of Poll.
Whenever a referendum is to be
held, the returning officer shall,
as soon as practicable after the
publication of the notice referred
to in regulation 2 of these
Regulations, publish in the
Gazette and in such places in his
constituency or ward as the
Electoral Commissioner may direct
a notice in the Form C set out in
the Schedule to these Regulations,
stating—
(a) the day on which and the time
at which the poll is to be taken;
(b) the addresses of the polling
stations for each polling
division; and
(c) the symbols or colours
assigned to the issues and the
numbers allocated to the issues.
Regulation 5—Adjournment of Poll
by Executive Instrument.
(1) The Electoral Commissioner
may, whenever he is satisfied that
it is necessary so to do at any
time between the issue of a writ
and the day specified in the writ
as polling day, by executive
instrument, adjourn the taking of
the poll to a day not more than
thirty days after the day so
specified.
(2) Where an executive instrument
is made under the provisions of
the preceding sub-regulation, the
writ for the constituency or ward
to which the instrument relates
shall be deemed to be amended by
the substitution of the day to
which the taking of the poll is
adjourned for the day specified in
the writ as polling day.
Regulation 6—Provision of Polling
Stations.
(1) Subject to the provisions of
sub-regulation (2) of this
regulation, for the purposes of
taking the poll, the returning
officer shall establish one
polling station for each polling
division.
(2) The Electoral Commissioner may
if he considers it necessary or
desirable so to do, direct the
returning officer to establish two
or ore polling stations for a
polling division.
(3) Any convenient building,
except a dwelling house or a
building or class of building
exempted by the Electoral
Commissioner to whomsoever it may
belong, may be established by the
returning officer as a polling
station and used without charge
for that purpose.
(4) The Government shall make
good, out of the public funds any
damage done to a building as a
result of its being used as a
polling station.
(5) Where the returning officer
establishes two or more polling
stations for a polling division,
he shall—
(a) assign to each of the polling
stations so many of the voters
registered in the division as the
Electoral Commissioner considers
appropriate; and
(b) give notice in the polling
division in such manner as the
Electoral Commissioner may direct
of the polling stations to which
the voters registered in the
division have been assigned.
Regulation 7—Presiding Officers
and Polling Assistants.
(1) The Electoral Commissioner
shall appoint a presiding officer
to preside at each polling station
and such number of polling
assistants as he thinks necessary
to assist the presiding officer in
carrying out his duties.
(2) A polling assistant may act as
the presiding officer of a polling
station during the absence or
incapacity of the presiding
officer.
Regulation 8—Equipment of Polling
Stations.
(1) The returning officer shall
provide each presiding officer
with such number of ballot boxes
and ballot papers as the Electoral
Commissioner may direct.
(2) Every ballot box shall be so
constructed that the ballot papers
can be put therein by the person
voting but cannot by him be
withdrawn.
(3) The returning officer shall
provide each polling station with—
(a) materials to enable registered
voters to enclose the ballot
papers; and
(b) instruments for perforating or
stamping the ballot papers with
the official mark; and
(c) instruments for making the
means of identification of a
registered voter in pursuance of
the provisions of sub-regulations
(1) and (2) of regulation 21 of
these Regulations; and
(d) a copy of the divisional
register, the proxy list, the
transferred voters list and the
absent voters list relating to the
polling division for which the
polling station has been
established or, in the case of a
division for which two or more
polling stations have been
established, to the registered
voters assigned to the polling
station.
Regulation 9—Notice of Directions
for the Guidance of Voters at
Polling Stations.
A
notice giving directions for the
guidance of the voters in voting
shall be exhibited inside and
outside every polling station in
as many languages as the Electoral
Commissioner may direct for the
benefit of the registered voters.
Regulation 10—Proxy List.
(1) A special voter who is
resident outside Ghana may apply
to the Electoral Commissioner not
later than twenty days before
polling day for the issue to him
of a proxy paper for the
appointment of a proxy.
(2) A special voter shall complete
the proxy paper in quintuplicate
and, forward:—
(a) the original copy to the
returning officer for the
constituency or ward in which he
wishes his proxy to vote;
(b) the duplicate copy to the
Commissioner;
(c) the triplicate copy to the
person appointed as proxy;
and retain the quadruplicate and
quintuplicate copies one of which
may be used for the cancellation
of the appointment of the proxy.
(3) A returning officer to whom
the appointment of a proxy is
notified shall, if satisfied that
both the proxy and the person
appointing him are registered
voters, enter the name and the
particulars of the applicant and
of the proxy in the proxy list
and;
(a) assign the proxy to a polling
division or polling station in his
constituency or ward;
(b) indicate on the proxy list the
polling division or polling
station to which the proxy is so
assigned; and
(c) forward a copy of the list to
the presiding officer for the
polling division or polling
station to which the proxy is
assigned.
(4) Every person whose name is
entered on the proxy list as a
proxy shall be entitled to vote at
any referendum in the polling
station or polling division where
he is registered to vote; and the
provisions of regulation 21 of
these Regulations shall have
effect accordingly.
(5) A proxy shall be in the Form D
set out in the Schedule to these
Regulations and shall specify—
(a) the name and particulars of
the person appointing the proxy;
(b) the name and particulars of
the person appointed as proxy; and
(c) such other particulars as the
Electoral Commissioner may
require.
Regulation 11—Transferred Voters
List.
(1) A registered voter who at any
time before the holding of a
referendum is resident in a
constituency or ward other than
that in which he is registered may
apply to the returning officer of
the constituency or ward where he
is resident for not less than two
months for his name to be entered
on the transferred voters list for
that constituency or ward.
(2) An application under the
provisions of sub-regulation (1)
shall be made,
(a) not less than twenty-one days
before polling day in the
constituency or ward where the
applicant is resident; and
(b) not less than twenty-one days
before polling day in the
constituency or ward where the
applicant is registered.
(3) A returning officer to whom an
application is made under the
provisions of this regulation
shall enter the applicant's name
in the transferred voters list for
his constituency or ward if he is
satisfied that the applicant is
resident in a polling division in
his constituency and is registered
in some other constituency.
(4) Whenever a returning officer
enters the name of any person on
the transferred voters list for
his constituency or ward he
shall:—
(a) assign that person to a
polling station or a polling
division in his constituency or
ward and indicate in the list the
polling division or polling
station to which that person is
not assigned; and
(b) send a copy of the entry to
the returning officer of the
constituency or ward where the
person whose name has been so
entered is registered.
(5) Every person whose name is
entered on the transferred voters
list for a constituency or ward
shall be entitled to vote at any
referendum in the polling station
or polling division to which he is
assigned in the list as if it were
the polling division where he is
registered; and the provisions of
regulation 21 of these Regulations
shall have effect accordingly.
Regulation 12—Special Voters List.
(1) A special voter who by reason
of his duties will be unable to be
present on polling day in the
constituency or ward where he is
registered may apply to the
returning officer for his name to
be entered on the special voters
list.
(2) Every application under the
provisions of the preceding
sub-regulation shall be made not
later than fourteen days before
polling day in the applicant's
constituency or ward and, except
in the case of an applicant who is
a returning officer, shall be
accompanied by a certificate from
the applicant's superior office
that—
(a) the applicant is registered in
the constituency or ward of the
returning officer to whom the
application is made and
(b) the applicant's duties will
prevent him from being present on
polling day in the constituency or
ward where he is registered.
(3) A returning officer to whom an
application is duly made in
accordance with the provisions of
this regulation shall enter the
applicant's name on the special
voters list for his constituency
or ward.
(4) Every person whose name is
entered on the special voters list
for a constituency or ward—
(a) shall be entitled to vote at a
polling station and on a day being
a day not more than fourteen days
before polling day, which shall be
appointed by the Electoral
Commissioner and advertised in
such manner as the Electoral
Commissioner may direct; and
(b) shall not be entitled to vote
otherwise at the referendum in
respect of which his name has been
entered on the special voters
list.
(5) Voting at a polling station
for special voters appointed under
the provisions of sub-regulation
of this regulation shall be
conducted in the same way as
voting on polling day.
(6) No person shall vote at a
polling station under the
provisions of sub-regulation (5)
unless his name is entered on the
special voters list for that
constituency or ward.
(7) The returning officer shall,
(a) cause the ballot boxes to be
retained in safe custody after the
poll has closed and the boxes have
been sealed; and
(b) arrange for the ballot boxes
to be opened at the time of the
counting of the votes cast on
polling day and for the ballot
papers in those boxes to be
counted with, and in the same
manner as, the ballot papers
contained in the ballot boxes used
on polling day.
Regulation 13—Absent Voters List.
(1) Each returning officer shall,
before polling day, prepare for
each polling division in his
constituency or ward an absent
voters list containing the names
of any persons registered in the
division whose names have been
entered on the transferred voters
list for another constituency or
ward or who have appointed a
proxy.
(2) A person whose name is
entered on the absent voters list
for a polling division shall not
be entitled to vote in that
division; and the provisions of
regulation 21 of these Regulations
shall mutatis mutandis have effect
accordingly.
PART II—THE POLL
Regulation 14—Number of Votes and
Place of Voting.
No registered voter shall be
entitled to cast more than one
vote when a poll is taken;
(2) Subject to the provisions of
(a) sub-regulation (3) of
regulation 10.
(b) sub-regulation (5) of
regulation 11.
(c) sub-regulation (4) of
regulation 12.
(d) sub-regulation (2) of
regulation 13, of these
Regulations and the following
provisions of this regulation, a
registered voter shall be entitled
to vote at his allotted station
and not elsewhere.
(3) Where at a referendum in any
constituency or ward it is
inconvenient or difficult for a
registered voter to vote at his
allotted station by reason of the
fact that he is to be employed in
an official capacity as a
referendum officer or police
officer or otherwise at a polling
station in the constituency or
ward, the returning officer may,
by a certificate under his hand,
authorise the registered voter to
cast his vote for the purposes of
the referendum not at his allotted
station but at another polling
station in the constituency or
ward.
(4) The certificate issued under
the provisions of sub-regulation
(3) shall be in triplicate and
shall specify the name of the
registered voter to whom it
relates, his number and
description in the register, the
reason for the giving of the
certificate and the alternative
station at which he is authorised
to vote.
(5) Copies of the certificates
shall be sent by the returning
officer to the presiding officer
of the allotted station and the
alternate station; and for the
purposes of the referendum to
which the certificate relates—
(a) the copy sent to the presiding
officer of the allotted station
shall be treated as if it formed
part of the absent voters list;
and
(b) the copy sent to the presiding
officer of the alternate station
shall be treated as if it formed
part of the copy of the register
provided by the returning officer
under the provisions of paragraph
(d) of sub-regulation (3) of
regulation 8 of these Regulations.
Regulation 15—Poll to be taken by
Ballot.
(1) The votes at the poll shall be
given by ballot, and the result
shall be ascertained by counting
the votes cast in favour of each
issue.
(2) The ballot of every registered
voter shall consist of a ballot
paper.
(3) Every ballot paper shall,
(a) contain the symbol or colour
assigned and the number allocated
to the issue;
(b) be capable of being folded up;
(c) have a serial number printed
on it; and
(d) have attached to it a
counterfoil with the same serial
number printed thereon.
Regulation 16—Polling Hours.
(1) The poll shall be taken
between the hours of seven in the
morning and five in the evening.
(2) Notwithstanding the provisions
of sub-regulation (1) a presiding
officer may for a sufficient cause
and with the concurrence of the
returning officer extend the hours
of voting, so however, that the
number of hours allotted for
voting shall not exceed ten hours.
Regulation 17—Admission to Polling
Station.
The presiding officer shall
regulate the number of registered
voters to be admitted to the
polling station at the same time,
and shall exclude all other
persons except—
(a) referendum officers;
(b) police or military officers
on duty;
(c) the companions of registered
voters who are blind or otherwise
physically incapacitated; and
(d) any other person authorized by
the Electoral Commissioner to be
admitted.
Regulation 18—Keeping Order at
Polling Station.
(1) It shall be the duty of the
presiding officer to keep order at
his polling station.
(2) If a person misconducts
himself in a polling station or
fails to obey the lawful orders of
the presiding officer, he may
immediately, by order of the
presiding officer, be removed from
the polling station by a police or
military officer; and a person so
removed shall not, without the
permission of the presiding
officer, again enter the polling
station on polling day.
(3) Any person removed under the
provisions of sub-regulation (2),
may, if charged with the
commission in the polling station
of any offence, be dealt with as a
person taken into custody by a
police officer for an offence
without a warrant.
(4) The powers conferred by the
provisions of this regulation
shall not be exercised so as to
prevent a registered voter who is
otherwise entitled to vote at a
polling station from having an
opportunity of voting at that
station.
Regulation 19—Sealing of Ballot
Boxes.
Immediately before the
commencement of the poll, the
presiding officer shall show the
ballot boxes empty to such persons
as are present in the polling
station so that they may see that
the ballot boxes are empty and
shall then—
(a) close the ballot boxes and
place his seal upon them in such a
manner as to prevent their being
opened without breaking the seal;
and
(b) place them in the view of the
public for the receipt of ballot
papers.
Regulation 20—Identification of
Voters.
(1) A presiding officer may,
before delivering a ballot paper
to a person applying to vote at
any referendum require that
person—
(a) to make a declaration of
identify in the prescribed form
and to furnish such other evidence
of identity as may be determined
by the Electoral Commissioner or
as the presiding officer thinks
necessary; and
(b) to make a declaration in the
prescribed form that he has not
already voted at the referendum in
the constituency or ward or in any
other constituency or ward.
(2) A ballot paper shall not be
delivered to any person who
refuses to comply with a
requisition made under the
provisions of sub-regulation (1)
Regulation 21—Voting Procedure.
(1) Every registered voter
desiring to record his vote shall
present himself at his allotted
station, and the presiding officer
or a polling assistant after
satisfying himself that the
registered voter—
(a) is registered in the
divisional register or, in the
case of a polling division for
which two or more polling stations
have been established, in that
part of the divisional register
which relates to his allotted
station.
(b) has not already voted, and
that any other means of
identification determined by the
Electoral Commissioner in the
possession of the registered voter
is valid shall deliver the ballot
papers to the registered voter.
(2) Immediately before the ballot
papers are delivered,
(a) the ballot papers shall be
perforated or stamped with an
official mark selected by the
Electoral Commissioner; and
(b) the identification number and
the name of the registered voter
as stated in the copy of the
register shall be called out; and
(c) the serial number of the voter
as stated in the copy of the
register shall be marked on the
counterfoil of the ballot papers;
and
(d) a mark shall be placed in the
copy of the register against the
number of the registered voter to
denote that the ballot papers have
been received, without showing the
particular ballot papers which
have been received; and
(e) a mark, which shall, so far as
is possible, be permanent shall be
made on any other means of
identification of a registered
voter as may be determined by the
Electoral Commissioner.
(3) The registered voter, on
receiving the ballot papers, shall
forthwith proceed to one of the
places set aside in the polling
station for the folding of ballot
papers and shall there secretly
select the ballot paper in respect
of the issue for which he wishes
to vote and put in the receptacle
so provided the ballot papers
which he rejects.
(4) The registered voter shall
then fold up the ballot paper
selected by him so as to conceal
his vote, put the selected ballot
paper in the envelope provided and
shall then put the ballot paper so
folded and enveloped into the
ballot box in the presence of the
presiding officer and in the view
of the public.
(5) Not more than one ballot box
shall be used at any one time for
the receipt of ballot papers.
(6) The registered voter shall
vote without undue delay, and
shall leave the polling station as
soon as he has put his ballot
paper into the ballot box.
(7) The provisions of this
regulation shall be subject to the
provisions of—
(a) sub-regulation (4) of
regulation 10,
(b) sub-regulation (5) of
regulation 11.
(c) sub-regulation (4) of
regulation 12,
(d) sub-regulations (3), (4) and
(5) of regulation 14, of these
Regulations.
(8) Notwithstanding any other
provision of this regulation a
proxy shall submit for the
verification of the presiding
officer the proxy paper appointing
him as a proxy before he shall be
allowed to vote.
(9) Before a registered voter
leaves a polling station pursuant
to the provisions of
sub-regulation (6) of this
regulation, the presiding officer
shall cause the imprint of the
right thumb of the voter to be
taken and any such voter shall
furnish such further particulars
or information as may be required
of him.
Regulation 22—Votes Marked by the
Presiding Officer.
(1) The presiding officer, on the
application of a registered voter
who is incapacitated by blindness
or other physical cause from
voting in the manner directed by
these Regulations, shall cause a
ballot paper as directed by the
voter to be put in the envelope so
provided and the ballot paper to
be put in the ballot box.
(2) When he accedes to the request
of a registered voter pursuant to
the provisions of sub-regulation
(1), the presiding officer shall
record in the register opposite
the name of the voter the fact
that the vote was recorded by him
on the application of the voter
and the reason why it was
recorded.
Regulation 23—Tendered Ballot
Papers.
(1) Where a person representing
himself to be a particular voter
named in the register applies for
a ballot paper after another
person has voted as such voter,
the applicant shall, on making a
declaration in the prescribed
form, be entitled, subject to the
following provisions of this
regulation, to vote in the same
manner as any other registered
voter.
(2) A tendered ballot paper shall,
(a) be of a colour differing from
that of all other ballot papers;
and
(b) instead of being put into the
ballot box,
(i)
be given to the presiding officer
and endorsed by him with the name
of the voter and his number in the
register, and
(ii) be set aside by the presiding
officer in a separate packet.
(3) The name of any person voting
under the provisions of this
regulation and his number in the
register shall be entered by the
presiding officer on a list of
such votes.
Regulation 24—Spoilt Ballot
Papers.
A
registered voter who has
inadvertently dealt with his
ballot paper in such a manner that
it cannot be conveniently used as
a ballot paper may, on delivering
it to the presiding officer and
providing to his satisfaction the
fact of the inadvertence, obtain
another set of ballot papers in
place of the ballot papers so
delivered and the spoilt ballot
papers shall be immediately
cancelled and the counterfoil
marked accordingly.
Regulation 25—Adjournment of Poll
in Case of Riot, Flood, etc.
(1) When the proceedings at any
polling station are interrupted or
obstructed by riot, open violence,
storm, flood or other natural
catastrophe or any other
sufficient cause the presiding
officer shall adjourn the
proceedings to the following day
and shall forthwith give notice to
the returning officer.
(2) When the returning officer is
satisfied that by reason of an
interruption or obstruction of the
kind mentioned in sub-regulation
(1) of this regulation it is or
will be impossible or
impracticable for proceedings
which have been adjourned under
the provisions of that
sub-regulation to be continued, on
the day to which they have been so
adjourned, he may, with the
concurrence of the Electoral
Commissioner, further adjourn the
proceedings to such day as the
Commissioner may determine.
(3) Where the poll is adjourned
under the provisions of this
regulation, the hours of pollings
on the day to which it is
adjourned shall be the same as on
the original polling day.
Regulation 26—Procedure on Close
of Poll.
(1) Immediately after the close of
the poll the presiding officer
shall proceed to count the ballot
papers and record the total number
of votes cast at that polling
station in favour of each issue.
(2) The presiding officer shall
then sign a declaration stating:—
(a) the total number of persons
entitled to vote at that polling
station; and
(b) the number of votes cast in
favour of each issue;
and the presiding officer shall
there and then announce the
results of the voting at that
polling station.
(3) As soon as practicable after
the announcement of the results of
the voting at the polling station
the presiding officer shall, make
up into separate packets sealed
with his own seal—
(a) each ballot box in use at the
station, sealed so as to prevent
the introduction of additional
ballot papers;
(b) the unused and spoilt ballot
papers placed together;
(c) the tendered ballot papers,
the tendered votes list and any
declarations made under the
provisions of sub-regulation (1)
of regulation 23 and of
sub-regulation (2) of this
regulation;
and shall deliver the packets and
the keys of the ballot boxes to
the returning officer to be taken
charge of by him.
(4) The packets mentioned in
sub-regulation (3) of this
regulation shall be accompanied by
a statement made by the presiding
officer, showing the number of
ballot papers entrusted to him,
and accounting for them under the
heads of ballot papers in the
ballot box and unused, spoilt and
tendered ballot papers.
Regulation 27—Attendance at the
Count.
No person other than,
(a) the returning officer and his
clerk, that is to say, persons
appointed by him to assist him in
counting the votes, and
(b) any person authorised in that
behalf by the Electoral
Commissioner, may be present at
the counting of the votes, unless
permitted by the returning officer
to attend.
Regulation 28—The Count.
(1) The returning officer shall
open each ballot box and taking
out the ballot papers therein,
count and record the total number
of votes cast in favour of each
issue.
(2) The returning officer shall
not count any tendered ballot
paper.
(3) The returning officer shall,
so far as practicable, proceed
continuously with counting the
votes, allowing only time for
refreshments.
Regulation 29—Adjournment of
Counting of Votes.
Notwithstanding regulation 28(3)
the returning officer may adjourn
the counting of votes in
circumstances which he deems fit.
Regulation 30—Rejected Ballot
Papers.
(1) Any ballot paper,
(a) which does not bear the
official mark, or
(b) on which anything is written
or marked by which the voter can
be identified except the printed
number, or
(c) which is unmarked or void for
uncertainty, or
(d) which bears a serial number
showing that it was not issued to
the polling station at which it
was used to vote, shall be void
and not counted.
(2) The presiding officer or the
returning officer shall endorse
the word "rejected" on any ballot
paper which under the provisions
of this regulation, is not to be
counted.
(3) The presiding officer shall
draw up a statement showing the
number of ballot papers rejected
under the several heads of —
(a) want of official mark;
(b) voting for more than one
issue;
(c) writing or mark by which a
voter could be identified; and
(d) unmarked or void for
uncertainty.
Regulation 31—Decision on Ballot
Papers.
The decision of the returning
officer on any question arising in
respect of a ballot paper shall be
final, but shall be subject to
review on a referendum petition.
Regulation 32—Declaration and
Publication of Results.
The returning officer, when the
result of the poll has been
ascertained, shall forthwith,
(a) publicly declare the results
of the voting in his constituency;
(b) endorse on the writ the total
number of votes cast in favour of
each issue; and
(c) forward to the Electoral
Commissioner the endorsed writ.
Regulation 33—Electoral
Commissioner to Inform the S.M.C
of Results.
On receipt of a writ endorsed in
pursuance of this regulation, the
Electoral Commissioner shall,—
(a) inform the Supreme Military
Council of the results of the
referendum; and
(b) publish in the Gazette a
notice stating the total number of
votes cast in favour of each
issue.
Regulation 34—Disposal of
Documents.
(1) On the completion of the
counting at a referendum the
returning officer shall seal up in
separate packets the counted and
rejected ballot papers in respect
of each issue and shall then
forward to the Electoral
Commissioner the following
documents, namely—
(a) the sealed packets of counted
and rejected ballot papers;
(b) the ballot papers accounts and
the statements of rejected ballot
papers;
(c) the tendered votes list and
any declarations made under the
provisions of sub-regulation (1)
of regulation 23 and of
sub-regulation (2) of regulation
26 of these Regulations;
(d) the packets of ballot papers
counterfoils; and
(e) the packets containing marked
copies of the registers,
and endorse on each packet a
description of its contents, the
date of the referendum to which
they relate and the name of the
constituency or ward in which the
referendum was held: and prepare a
statement in respect of the said
documents.
(2) Subject to the succeeding
provisions of this regulation, the
Electoral Commissioner shall
retain for a year all documents
forwarded to him under the
provisions of this regulation and
shall then, unless otherwise
directed by a Court, cause them to
be destroyed.
(3) Documents relating to a
referendum in respect of which
legal proceedings have been
started shall not be destroyed
until the proceedings have been
finally disposed of.
(4) A Court trying an offence
relating to a referendum or the
High Court of Justice hearing
petition may make an order that
any document retained by the
Electoral Commissioner under the
provisions of this regulation
shall be inspected, copied or
produced at such time and place
and subject to such conditions as
it thinks fit.
(5) No order shall be made under
the provisions of sub-regulation
(4) unless the Court is satisfied
that the inspection, copying or
production is required for the
purposes of instituting,
maintaining, defending, or
otherwise for the purposes of a
prosecution or a petition in
respect of the voting to which the
document relates.
(6) Save as otherwise provided in
sub-regulation (4) of this
regulation, no person may inspect
or copy any document retained by
the Electoral Commissioner under
the provisions of this regulation.
Regulation 35—Declaration of
Secrecy.
(1) Before the opening of the poll
a declaration of Secrecy in the
prescribed form shall be made by:—
(a) the returning officer;
(b) every other referendum
officer;
(c) every clerk or interpreter
attending at a polling station;
(d) every clerk appointed to
assist at the counting of the
votes;
(e) every person permitted by the
Electoral Commissioner or the
returning officer to attend at the
counting of the votes, though not
entitled to do so.
(2) Notwithstanding the provisions
of sub-regulation (1) any person
permitted by the Electoral
Commissioner or the returning
officer to attend at the counting
of the votes though not entitled
to do so, need not make the
declaration of secrecy before the
opening of the poll, but shall
make it before he is permitted to
attend the counting.
(3) Declarations under the
provisions of this regulation
shall be made,
(a) in the case of the returning
officer, in the presence of a
District Magistrate Grade I or
Grade II; and
(b) in any other case, in the
presence of either a District
Magistrate or the returning
officer.
Regulation 36—Interpretation.
In these Regulation, unless the
context otherwise requires:—
"absent voters list" means the
absent voters list prepared under
the provisions of regulation 13 of
these Regulations;
"allotted station" means, in
relation to a registered voter,
the polling station of the polling
division in which he is registered
or, in the case of a polling
division for which two or more
stations have been established,
the station to which he is
assigned;
"alternate station" means the
station to which a registered
voter is authorised to cast his
vote in pursuance of a certificate
issued under the provisions of
sub-regulation (3) of regulation
14 of these Regulations;
"ballot paper account" means the
statement prepared in accordance
with the provisions of
sub-regulation (4) of regulation
26 of these Regulations;
"close of the poll" means the
close of the poll in all polling
divisions of the constituency or
ward including any polling
division where the poll has been
adjourned;
"prescribed" means prescribed by
the Electoral Commissioner;
"proxy list" means the proxy list
provided for under the provisions
of regulation 10 of these
Regulations;
"registered voter" means a person
whose name appears in the
divisional register of one of the
polling divisions constituency or
area;
"special voter" means a person
registered as a voter who is:
(a) a police or prison officer;
(b) a member of the Armed Forces
of Ghana;
(c) an election officer;
(d) employed in the service of the
Government of Ghana in a post
outside Ghana or in the service of
the United Nations or of any other
international organisation;
(e) the wife or husband of any of
the persons specified in
paragraphs (a) to (d) of this
definition and is residing outside
Ghana with the husband or the
wife; or
(f) resident outside Ghana;
"special voters list' means the
special voters list provided for
under the provisions of regulation
12 of these Regulations;
"spoilt ballot paper" means a
ballot paper inadvertently dealt
with in such a manner that it
cannot be conveniently used as a
ballot paper;
"superior officer" means in
relation to:
(a) a member of the Prison
Service, a prison officer of that
Service of or above the rank of
Assistant Prison Superintendent;
(b) a member of the Police Force,
a police officer of that Force of
or above the rank of
superintendent;
(c) a member of the Armed Forces
of Ghana, the adjutant of his
battalion or an officer holding a
comparable appointment;
(d) an election officer, not being
a returning officer, the returning
officer of the constituency or
ward in which the election officer
will be on duty:
(e) a person employed in service
of the Government of Ghana in a
post outside Ghana or the wife or
husband of such person, the head
of the department in Ghana of the
person so employed;
"tendered ballot paper" means the
ballot paper marked in accordance
with the provisions of regulation
23 of these Regulations;
"transferred voters list" means
the transferred voters list
provided for under the provisions
of regulation 11 of these
Regulations.
SCHEDULE
FORM A
PART I
WRIT OF REFERENDUM
TO THE RETURNING OFFICER FOR THE
.........................................................................................
CONSTITUENCY/WARD OF THE
...........................................................
COUNCIL
WHEREAS a referendum is to be
conducted for the purposes of
ascertaining the wishes of the
registered votes of
........................................
Constituency or of
.......................................
ward of the
................................................
Council in respect of the
following issue—
(a)...........................................................................................................................................
(b)...........................................................................................................................................
(c)
.........................................................................................................................................
(d)
.........................................................................................................................................
(e)
.........................................................................................................................................
NOW, THEREFORE, I do hereby
command you that you do cause a
poll to be taken according to law
in the said Constituency or Ward
and that you do certify on this
writ the votes cast in favour of
each of the said issues.
AND I DO HERE DIRECT that the poll
shall be taken on the
.................................................
day of
............................
19..............................
GIVEN under my hand and Seal this
............................. day
of ....................
19...............
...............................................................
Electoral Commissioner
PART II
CERTIFICATE TO BE ENDORSED ON WRIT
I
HEREBY CERTIFY that in respect of
the voting in this Constituency or
Ward in pursuance of this writ,
the number of votes cast in favour
of each of the issues so specified
is as follows:
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............................................................................
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+-----------------+
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and that an equality of votes was
found to exist between the
following issues
................................................................................................................................................
Date....................................
..........................................
Returning Officer
FORM B
NOTICE OF A REFERENDUM
The Electoral Commissioner having
on the
..............................................
day of
................................
19........ issued a writ for the
conduct of a referendum in this
Constituency or Ward it is hereby
notified for the information of
all registered voters that the
issues to be determined are
________________________________________________________________________
Symbol
Colour No
_______________________________________________________________________
(a)
.................................
................................
...............................
(b)
.................................
................................
...............................
(c)
.................................
................................
...............................
(d)
.................................
................................
...............................
(e)
.................................
................................
...............................
2. The poll will be taken between
the hours of
................................
and
.................................
on the .................... day of
................... 19
................. at the
..............................
polling station of the
.......................................
constituency or ward.
3. All questions relating to the
voting in this Constituency or
Ward should be addressed to the
Returning Officer at:—
.........................................................
Returning Officer for
.......................................................
Constituency or Ward
Date
.....................................................................
FORM C
NOTICE FOR THE VOTING IN A
REFERENDUM
POLLING ARRANGEMENTS FOR THE
................................................................
PART I
I
hereby give notice that the issues
for determination and the
representative symbols or colours
assigned and the number allocated
to each of the issues are as
follows:—
________________________________________________________________________
Issue
Symbol
Colour
Number
________________________________________________________________________
(a)
.................................
................................
..............................
(b)
.................................
................................
..............................
(c)
.................................
................................
..............................
(d)
.................................
................................
..............................
(e)
.................................
................................
..............................
2. I further give notice,
(a) that the poll will be taken in
this constituency or ward on
....................... the
............................ day
of ................19.... between
the hours of seven o'clock in the
morning and five o'clock in the
evening; and
(b) that the addresses of the
polling stations shall be as
specified in columns 1, 2, 3 and
4 of Part II of this Notice; and
(c) that in those polling
divisions where there is more than
one polling station, the
registered voters assigned to each
polling station shall be as
specified in column 5 of Part II
of this Notice.
PART II
Region
District
Polling Division
Location of Polling Station
Registered voters assigned to
Polling Station where more than
one Polling Station
Date
..................................................
...................................................
Returning Officer
FORM D
PART I
FORM OF PROXY PAPER
Original
(To be sent to the Returning
Officer)
Duplicate
(To be sent to the Electoral
Commissioner
Triplicate
(To be sent to Proxy)
Quadruplicate
(Copy)
Quintuplicate
(Copy)
To.
...............................................................................
...............................................................................
...............................................................................
I,
.......................................................................................................................................
(First Names)
(Surname)
of..............................................................................................................................................................
(Address outside Ghana)
............................................................................................................................................................................................
hereby apply to vote by Proxy.
2. My Proxy is
................................................................................................................................................
(First Names)
(Surname).............................................................
of
........................................................................................................................
(Address of Proxy)
who, to the best of my knowledge
and information, is a registered
voter under the electoral law in
force in Ghana.
3. I am a citizen of Ghana and
have been registered as a voter in
polling station of
............................
Constituency. My identification
number in the Register of Voters
is
..................................................................................
......................................................................
(Signature)
+-----------------+
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Signature of Witness of Signature
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Address.................................................................
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...................................................................
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...................................................................
+-----------------+
...................................................................
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PART II
CANCELLATION OF APPOINTMENT OF A
PROXY
I,.............................................................................................................................................
of
..........................................................................................................................................
having on the...............
............................day of
.............................................................
appointed
.............................................................................................................................
of
........................................................................................................................................
do hereby apply to have that
appointment cancelled and
accordingly request the Electoral
Commissioner to give effect to
this application by the
cancellation of the said
appointment.
Dated this
............................ day
of ........................ 19
...................................................
.........................................................
Signature
..........................................................................
Signature of Witness to Signature
+------------------+
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Address
..........................................................
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..........................................................
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..........................................................
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..........................................................
+------------------+
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I.K. ABBAN
Electoral Commissioner
Date of Gazette Notification: 30th
December, 1977.
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