FOURTH  REPUBLIC

As amended

ARRANGEMENT OF SECTIONS

Section

PART I—CONSTITUENCIES FOR PARLIAMENTARY ELECTIONS

1.  Constituencies of Ghana for Parliamentary elections

2.  Appeal from decision of Commission

3.  Review of constituencies

4.  Polling divisions

5.  Appointment of election committee

6.  Registration and presiding officers and deputies

PART II—QUALIFICATION OF VOTERS AND MEMBERS OF PARLIAMENT

7.  Qualification of voters

8.  Registration of officials abroad

9.  Qualifications and eligibility of members of Parliament

10.  Vacation of seat in Parliament postponed in certain circumstances.

PART III—NOMINATION OF CANDIDATES AND VOTING AT ELECTIONS

11.  Nominations and elections of candidates at public elections

12.  By-election

13.  Voting at public elections

14.  Candidates to conduct campaign freely

15.  Conduct of elections

PART IV—ELECTION PETITIONS AND OTHER LEGAL PROCEEDINGS

16.  Method of questioning election

17.  Presentation of election petition

18.  Time for presentation of petition

19.  Relief which may be granted

20.  Grounds for cancelling election results

21.  Scrutiny

22.  Certification of decision

23.  Report of court as to corrupt or illegal practices

24.  Prohibition of disclosure of vote

25.  Determination of certain questions as to membership of Parliament

26.  Procedure

PART V—ELECTION OFFENCES

27.  Registration offences

28.  Offences relating to nomination papers and the ballot

29.  Unauthorised voting

30.  Offences by election officers

31.  Requirement of secrecy

32.  Personation

33.  Bribery

34.  Treating

35.  Undue influence

36.  Interference with electioneering activities of other  persons

37.  Certain activities prohibited on polling day

38.  Defacement of notices

39.  False statements

40.  Obstruction of officers

41.  Penalty and incapacity for corrupt and illegal practices

42.  Consent to prosecution

PART VI—MISCELLANEOUS PROVISIONS

43.  Record of disqualified persons and removal from register

44.  Duty of registrars of courts to report certain convictions to Commission

45.  Saving where election declared void

46.  Inaccurate description of persons or place

47.  Regulations

48.  Fees and appeals under legislative instrument made under this Law

49.  Exemption

50.  Interpretation

51.  Presidential elections and referenda

52.  Repeals

IN pursuance of the Provisional National Defence Council (Establishment) Proclamation, 1981, this Law is hereby made:

PART I—CONSTITUENCIES FOR PARLIAMENTARY ELECTIONS

Section 1—Constituencies of Ghana for Parliamentary Elections.

(1) Ghana shall be divided into as many constituencies for the purpose of election of members of Parliament as the Interim National Electoral Commission, in this Law referred to as "the Commission", shall by legislative instrument prescribe.

(2) Each constituency shall be represented by one member in Parliament.

(3) The boundaries of a constituency shall not fall within more than one region.

(4) The boundaries of each constituency shall be such that the number of inhabitants in the constituency is, as nearly as possible, equal to the population quota.

(5) For the purpose of subsection (4) of this section, the number of inhabitants of a constituency may be greater or less than the population quota in order to take account of means of communication, geographical features, density of population and area and boundaries of the regions and other administrative or traditional areas.

(6) For the purpose of this section "population quota" means the number obtained by dividing the number of inhabitants of Ghana by the number of constituencies into which Ghana is divided under subsection (1) of this section.

Section 2—Appeal from Decision of Commission.

(1) A person aggrieved by a decision of the Commission in respect of a demarcation of a boundary may appeal to a tribunal consisting of three persons appointed by the Chief Justice and the Commission shall give effect to the decision of the tribunal.

(2) A person aggrieved by a decision of the tribunal referred to in subsection (1) of this section may appeal to the Court of Appeal whose decision on the matter shall be final.

Section 3—Review of Constituencies.

(1) The Commission shall review the division of Ghana into constituencies at intervals of not less than seven years, or within twelve months after the publication of the enumeration figures after the holding of a census of the population of Ghana, whichever is earlier and may, as a result, alter the boundaries of the constituencies.

(2) Where the boundaries of a constituency established under section 1 are altered as a result of a review, the alteration shall come into effect on the next dissolution of Parliament.

Section 4—Polling Divisions.

(1) The Commission shall divide every constituency into polling divisions and a polling division may be divided into as many polling stations as the Commission may prescribe.

(2) Where the boundaries of a constituency are varied, and in any other circumstances in which the Commission thinks it appropriate to do so, the Commission may alter the number and area of polling divisions within the constituency.

(3) Whenever the Commission divides a constituency into polling divisions or alters the number or area of polling divisions within a constituency, it shall, by legislative instrument, specify the polling divisions into which the constituency has been divided  or the alteration which has been made.

Section 5—Appointment of Election Committee.

(1) The Commission shall appoint for every constituency an election committee which shall be a committee of the Commission.

(2) The members of an election committee shall be appointed from the registered voters in the relevant constituency.

(3) An election committee shall consist of not less than three members and not more than five members of whom one shall be appointed as a presiding member by the Commission.

(4) The presiding member of an election committee shall be the returning officer.

(5) An election committee shall be charged with the responsibility for the conduct and supervision of public election in the constituency under the supervision and direction of the Commission.

Section 6—Presiding Officers and Deputies.

(1) The Commission shall appoint a presiding officer for each polling division and such number of deputy or assistant presiding officers as it considers necessary.

(2) Subject to such directions as may be given by the Commission, the duties imposed by this Law on a presiding officer may be performed by his deputy or his assistant.

PART II—QUALIFICATION OF VOTERS AND MEMBERS OF PARLIAMENT

Section 7—Qualification of Voters.

(1) A person qualifies to be registered as a voter if—

(a) he is a citizen of Ghana of eighteen years of age or above; and

(b) he is of sound mind; and

(c) he is resident in the polling division; and

(d) he is not otherwise disqualified to be registered as a voter by any law for the time being in force.

(2) No person shall be entitled to have his name included at any one time in the register of more than one constituency or in more than one divisional register in a constituency.

(3) Subject to subsection (2) of this section a person shall, for the purpose of this section be deemed to be resident in a polling division on the qualifying date if he has a place of abode in the division on that date.

(4) A person shall not be deemed to be resident in a polling division if he has been absent from his place of abode for a continuous period of six months ending on the qualifying date.

(5) A person who is a patient in an establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental illness or mental defectiveness or who is detained in legal custody in any place shall not be treated as resident there for the purposes of this section.

(6) A person who is resident in more than one place and who would, but for subsection (2) of this section be entitled to have his name included in the register of more than one constituency or in more than one divisional register in a constituency shall select one constituency and one polling division for the purpose of registration and voting.

Section 8—Registration of Officials Abroad.

(1) A person who is a citizen of Ghana employed in a post outside Ghana—

(a) in the service of the Republic; or

(b) in the service of the United Nations or of any other international organisation.

shall be entitled to be registered as a voter if he satisfies the requirements for registration prescribed under this Law other than those relating to residence in a polling division.

(2) Subsection (1) of this section shall also apply to the spouse of a person to whom subsection (1) applies where the spouse is resident outside Ghana with the employed spouse.

(3) Unless otherwise disqualified under this Law, a person employed on Government duty outside Ghana who is a citizen of Ghana, shall be entitled to be registered as a voter notwithstanding that the person does not satisfy the requirements of this Law relating to residence in a polling division.

(4) The Commission may appoint the Head of a Ghana Mission or Embassy abroad as a registration officer for the purpose of receiving claims from a person entitled under subsection (1), (2) or (3) of this section to be registered as a voter.

(5) The Commission may give such directions as it thinks fit to a person appointed as a registration officer under subsection (4) and the person shall comply with the direction.

Section 9—Qualifications and Eligibility of Members of Parliament.

(1) A person shall not be qualified to be a candidate for the office of member of Parliament unless—

(a) he is a citizen of Ghana, has attained the age of twenty-one years and is a registered voter;

(b) he is resident in the constituency for which he stands as a candidate for election to Parliament or has resided there, for a total period of not less than five years out of the ten years immediately preceding the election for which he stands or he hails from that constituency; and

(c)  he has paid all his taxes or made arrangements satisfactory to the appropriate authority for the payment of his taxes.

(2) A person shall not be qualified to be a member of Parliament if he—

(a) owes allegiance to a country other than Ghana; or

(b) has been adjudged or otherwise declared—

(i) bankrupt under any law in force in Ghana and has not been discharged; or

(ii) to be of unsound mind or is detained as a criminal lunatic under any law in force in Ghana; or

(c) has been convicted—

(i) for treason or for an offence involving the security of the State, fraud, dishonesty or moral turpitude; or

(ii) for any other offence punishable by death or by a sentence of not less than ten years imprisonment; or

(iii) for an offence relating to, or connected with public elections under a law in force in Ghana at any time; or

(d) has been found by the report of a commission or a committee of inquiry to be incompetent to hold public office or is a person in respect of whom a commission or committee of inquiry has found that while being a public officer he acquired assets unlawfully or defrauded the State or misused or abused his office; or wilfully acted in a manner prejudicial to the interest of the State, and the findings have not been set aside on appeal or judicial review; or

(e) is under sentence of death or sentence of imprisonment imposed on him by any court; or

(f) is not qualified to be registered as a voter under any law relating to public elections; or

(g) is otherwise disqualified by a law in force at the time of the coming into force of this Law.

(3) A person shall not be eligible to be a member of Parliament if he—

(a) is prohibited from standing election by a law in force in Ghana by reason of his holding or acting in an office the functions of which involve a responsibility for, or connected with, the conduct of an election or a responsibility for the compilation or revision of an electoral register; or

(b) is a member of the Police Service, the Prisons Service, the Armed Forces, the Judicial Service, the Legal Service, the Civil Service, the Audit Service, the Parliamentary Service, the Statistical Service, the National Fire Service, the Customs, Excise and Preventive Service, the Immigration Service or the Internal Revenue Service; or

(c)  is a chief; or

(d) has not declared his assets in accordance with the provisions of the Public and Political Office Holders (Declaration of Assets and Eligibility) Law, 1992 (PNDCL 280).

(4) For the purpose of subsection (2) (d) of this section, in the case of any finding made by a commission or committee of inquiry which is not a judicial or quasi-judicial commission or committee of inquiry, without prejudice to any appeal against or judicial review of that finding, the finding shall not have the effect of disqualifying a person under that subsection unless it has been confirmed by a Government White Paper.

(5) A person shall not be taken to be disqualified to be a member of Parliament under paragraph (c) or (d) of subsection (2) of this section if—

(a) ten years or more have passed since the end of the sentence or the date of the publication of the report of the commission or committee of inquiry; or

(b) he has been pardoned.

Section 10—Vacation of Seat in Parliament Postponed in Certain Circumstances.

When a member of Parliament is adjudged or declared bankrupt or of unsound mind or sentenced to death or imprisonment, the decision shall not have the effect of causing him to vacate his seat in Parliament until—

(a) where no appeal is lodged, the time within which an appeal may be lodged has expired; or

(b) where an appeal is lodged, the appeal has been finally disposed of.

PART III—NOMINATION OF CANDIDATES AND VOTING AT ELECTIONS

Section 11—Nominations and Election of Candidates at Public Elections.

(1) Where in any elections under this Law at the close of nominations and on the day before the elections—

(a) two or more candidates have been nominated, the election shall be held and the candidate who receives the largest number of votes cast shall be declared elected; or

(b) only one candidate is nominated, there shall be no election and that candidate shall be declared elected.

(2) Where for the purpose of the election two or more candidates are nominated but at the close of the nominations and on the day before the election only one candidate stands nominated, a further period of ten days shall be allowed for nomination of other candidates, and it shall not be lawful for a person nominated within that period of ten days to withdraw his nomination.

(3) Where at the close of nominations and after the expiry of the further period of ten days under subsection (2) of this section only one candidate stands nominated, there shall be no election and that candidate shall be declared elected. [As substituted by the Representation of the People (Amendment) Act, 1994 (Act 471), s.1].

(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; and where the death occurs at any time within twenty-five days before the election, the election in that constituency shall be postponed for twenty-one days.

(5) The Commission shall by regulations prescribe the procedure for the nomination of candidates and shall in particular provide for—

(a) conditions of nomination;

(b) declaration to be made by candidates; and

(c) deposit to be paid and whether it is refundable or not and the conditions for such refund.

Section 12—By-Election.

(1) Whenever a vacancy occurs in the membership of Parliament, the Clerk to Parliament shall notify the Commission in writing within seven days after the vacancy occurred, and a by-election shall be held within thirty days after the vacancy occurred.

(2) Notwithstanding subsection (1) of this section, a by-election shall not be held within three months before the holding of a general election.

Section 13—Voting at Public Elections.

(1) At a public election voting shall be by secret ballot.

(2) Immediately after the close of the poll, the presiding officer shall, in the presence of such of the candidates or the representatives and their polling agents as are present, proceed to count, at that polling station, the ballot papers of that station and record the votes cast in favour of each candidate.

(3) The presiding officer, the candidates or their representatives and the polling agents shall then sign a declaration stating—

(a) the total number of voters entitled to vote at that polling station; and

(b) the number of votes cast in favour of each candidate,

and the presiding officer shall, there and then announce the results of the voting at that polling station before communicating them to the returning officer.

Section 14—Candidate to Conduct Campaign Freely.

Every candidate for election to Parliament has the right to conduct his campaign freely and in accordance with law.

Section 15—Conduct of Elections.

The Commission may by legislative instrument make regulations generally for the conduct of elections including provisions for voting by proxy.

PART IV—ELECTION PETITIONS AND OTHER LEGAL PROCEEDINGS

Section 16—Methods of Questioning Election.

(1) The validity of an election to Parliament may be questioned only by a petition brought under this Part.

(2) Every election petition shall be presented before the High Court for hearing.

Section 17—Presentation of Election Petition.

An election petition may be presented by one or more of the following persons—

(a) a person who lawfully voted or had a right to vote at the election to which the petition relates;

(b) a person claiming to have had a right to be elected at the election;

(c) a person alleging himself to have been a candidate at the election;

(d) a person claiming to have had a right to be nominated as a candidate at the election.

Section 18—Time for Presentation of Petition.

(1) An election petition shall be presented within twenty-one days after the date of the publication in the Gazette of the result of the election to which it relates, except that a petition questioning an election on an allegation of corrupt practice and specifically alleging a payment of money or other award to have been made by the person whose election is questioned or to have been made on his behalf to his knowledge, may be presented within twenty-one days after the date of the alleged payment.

(2) The presentation of an election petition under subsection (1) shall not be valid unless within the time specified in subsection (1), the petitioner gives ¢20,000 as security for costs.

(3) The time limit provided by this section for the presentation of an election petition shall not be extended.

Section 19—Relief Which may be Granted.

After the hearing of an election petition the High Court may make any of the following orders—

(a) declare that the election to which the petition relates is void;

(b) declare that a candidate other than the member whose election is questioned was duly elected; or

(c) dismiss the petition and declare that the member whose election is questioned was duly elected.

Section 20—Grounds for Cancelling Election Results.

(1) The election of a candidate shall be declared void on an election petition if the High Court is satisfied—

(a) that general bribery, general treating, general intimidation or other misconduct or circumstances, whether similar to those specified in this Law or not, have so extensively prevailed that they may be reasonably supposed to have affected the result of the election;

(b) that there has been non-compliance with any provision of this Law or of regulations made under this Law and that it appears that the election was not conducted in accordance with the principles laid down by law and that such non-compliance affected the result of the election;

(c) that a corrupt or illegal practice was committed in connection with the election by the candidate or with his knowledge or consent, or by any agent of the candidate; or

(d) that the candidate was at the time of his election a person not qualified or a person disqualified for election.

(2) Notwithstanding subsection (1) of this section—

(a) where at the hearing of an election petition the High Court finds that a candidate has been guilty through his agent or representative of a corrupt or illegal practice, and the High Court further finds, that the candidate has proved to the High Court—

(i) that no corrupt or illegal practice was committed by the candidate himself or with his knowledge or consent or approval; or

(ii) that even though there was corrupt or illegal practice the candidate took all reasonable steps to prevent the commission of corrupt or illegal practice at the election; and

(iii) that in all other respects the election was free from any corrupt or illegal practice on the part of the candidate,

then, if the High Court so recommends, the election of the candidate shall not because of the corrupt practice be void or illegal and the candidate shall not be subject to any incapacity under this Law;

(b) where at the hearing of an election petition the High Court finds that there has been failure to comply with any provision of this Law or of regulations made under it, and the High Court further finds—

(i) that the election was conducted in accordance with this Law and regulations made under it; and

(ii) that the failure did not affect the result of the election,

the election of the successful candidate shall not because of the failure be void and the successful candidate shall not be subject to any incapacity under this Law or regulations made under it.

Section 21—Scrutiny.

(1) Where on an election petition the election is claimed for an unsuccessful candidate on the ground that he had a majority of lawful votes, the High Court may direct an examination of the votes cast at the election by the Commission or such other person as the Court may determine.

(2) On scrutiny, the following votes shall be struck off—

(a) the vote of a person—

(i)  whose name was not included in the divisional register of the polling division in which the vote was recorded;

(ii) whose name was not included in that part of the register which contained the names of the voters assigned to the polling station at which the vote was recorded;

(iii) who had no right under this Law or regulations made under it to vote at the polling station at which his vote was recorded;

(b) the vote of a person whose vote was procured by bribery, treating or undue influence;

(c) the vote of a person who committed or procured the commission of personation at the election;

(d) the vote of a person proved to have voted more than once at the election or in more than one constituency; and

(e) the vote of a person who has been disqualified from voting at the elections because of a conviction for a corrupt or illegal practice or because of a report made by a court under this Law.

(3) A tendered ballot paper, proved on scrutiny to be a valid vote shall be added to the poll.

Section 22—Certification of Decision.

(1) At the conclusion of the hearing of an election petition the High Court shall certify its decision to the Commission which shall request the return by the returning officer in respect of the election to which the petition relates to be confirmed or altered accordingly.

(2) Where the decision certified by the High Court under subsection (1) is to the effect that the election to which the petition relates is void, a writ shall be issued for a fresh election in the constituency concerned.

Section 23—Report of Court as to Corrupt or Illegal Practices.

At the conclusion of the hearing of an election petition, the High Court shall, if it is of the opinion that a person has been proved to have committed the offence of corrupt or illegal practice in connection with the election to which the petition relates, send a written report to the Attorney-General giving the name and description of the person and the nature of the practice and such other information as the High Court considers relevant and appropriate.

Section 24—Prohibition of Disclosure of Vote.

A person who has voted at an election shall not be required to state for whom he has voted in any proceedings questioning the election.

Section 25—Determination of Certain Questions as to Membership of the Parliament.

Any question as to whether in a public election the seat of any member of the Parliament has become vacant may be referred to and determined by the High Court on a petition presented by the Attorney-General.

Section 26—Procedure.

(1) The rules of procedure for presentation and hearing of a petition under this Part shall be the same as the rules of procedure applicable to a civil cause or matter before the High Court.

(2) The provisions under section 1 of the State Proceedings Act, 1961 (Act 51) as amended, relating to one month notice to the Attorney-General before commencement of an action against the Republic shall not apply to election petitions against any act or omission of the Commission under this Part.

PART V—ELECTION OFFENCES

Section 27—Registration Offences.

A person who—

(a) knowingly makes a false statement in or in connection with an application to have his name included in a register; or

(b) having applied to have his name included in a divisional register, without withdrawing his application, applies to have his name included in another divisional register; or

(c) by the use of force or threats prevents or attempts to prevent a person from exercising his right to register as a voter,

commits an offence and is liable on conviction to a fine not exceeding ¢1 million or to imprisonment for a term not exceeding two years or both, and shall, for a period of five years from the date of the expiration of his term of imprisonment be disqualified from being registered as a voter or voting at an election.

Section 28—Offences Relating to Nomination Papers and the Ballot.

A person who—

(a) forges, fraudulently defaces, or destroys a nomination paper, or any other document relating to the registration of a voter, or delivers to a returning officer any nomination paper, knowing it to be forged; or

(b) forges or counterfeits or fraudulently destroys a ballot paper or the official mark on a ballot paper; or

(c) without authority supplies a ballot paper to any person; or

(d) sells or offers to sell a ballot paper to any person or purchases or offers to purchase a ballot paper from any person; or

(e) not being a person entitled under this Law or regulations made under it to be in possession of a ballot paper which has been marked with the official mark, has such a ballot paper in his possession; or

(f)  knowingly and intentionally puts into a ballot box anything other than the ballot paper which he is authorised by law to put in; or

(g) without authority, destroys, takes, opens or otherwise interferes with a ballot box, ballot paper or packet of ballot papers in  use or intended to be used for the purposes of an election; or

(h) without authority, prints a ballot paper or what purports to be or is capable of being used as a ballot paper at an election; or

(i)  not being authorised to do so under this Law or regulations made under it, makes a mark on a ballot paper issued to a person, other than himself, with intent that the ballot paper shall be used to record the vote of the person,

commits an offence and is liable on conviction to a fine not exceeding ¢1 million or to imprisonment for a term not exceeding two years or both; and shall, for a period of five years from the date of the expiration of his term of imprisonment be disqualified from being registered as a voter or voting at an election.

Section 29—Unauthorised Voting.

A person who knowingly—

(a) votes at an election at which he is not entitled to vote; or

(b) votes more than once at an election,

commits an offence and is liable on conviction to a fine not exceeding ¢1 million or to imprisonment for a term not exceeding two years or both; and shall, for a period of five years from the date of the expiration of his term of imprisonment be disqualified from being registered as a voter or voting at an election.

Section 30—Offences by Election Officers.

An election officer, clerk, interpreter or other person who has a duty to perform, whether under this Law or otherwise, in relation to an election and who —

(a) makes in any record, return or other document, which he is required to keep or make in pursuance of this Law or of regulations made under it, any entry which he knows or has reasonable cause to believe to be false, or does not believe to be true; or

(b) permits a person whom he knows or has reasonable cause to believe not to be a person who is blind or incapacitated from voting by other physical cause to vote in the manner provided for such persons; or

(c) refuses to permit a person whom he knows or has reasonable cause to believe to be a person who is blind or incapacitated from voting by other physical cause to vote in the manner provided for such persons; or

(d) wilfully prevents a person from voting at the polling station at which he knows or has reasonable cause to believe the person is entitled to vote at; or

(e) wilfully counts a ballot paper as being cast for a candidate which he knows or has reasonable cause to believe was not validly cast for the candidate; or

(f)  without reasonable cause acts or fails to act in breach of his official duty, commits an offence and is liable on conviction to a fine not exceeding ¢1 million or to imprisonment for a term not exceeding two years or both.

Section 31—Requirement of Secrecy.

(1) Every election officer, clerk, interpreter, candidate, election agent or polling agent on duty at a polling station shall maintain and help in maintaining the secrecy of voting and shall not, except for a purpose authorised by law, communicate to any person any information as to—

(a) the name of a voter who has not applied for a ballot paper or voted at a polling station; or

(b) the number on the register of a voter who has or has not applied for a ballot paper or voted at a polling station; or

(c) the official mark.

(2) Every person present at the counting of votes shall maintain and help in maintaining the secrecy of voting and shall not communicate any information obtained at the counting of the votes as to the candidate for whom a vote is given on any particular ballot paper.

(3) No person shall—

(a) interfere with or attempt to interfere with a voter when recording his vote; or

(b) obtain or attempt to obtain in a polling station information about the candidate for whom a voter in that station is about to vote or has voted; or

(c) communicate at any time to any person any information obtained in a polling station about the candidate for whom a voter in that station has voted or is about to vote, or about the number, if any, on the ballot paper given to a voter at that station; or

(d) directly or indirectly induce a voter to display his ballot paper after he has marked or selected it so as to make known to another person the name of the candidate for whom he has or has not voted.

(4) A person who has undertaken to assist—

(a) a blind voter to vote; or

(b) a voter who is incapacitated from voting by any other physical cause to vote,

shall not communicate at any time to another person information as to the candidate for whom that disabled voter intends to vote or has voted, or as to the number, if any, on the ballot paper given for the use of the disabled voter.

(5) A person who contravenes any provision of this section commits an offence and is liable on conviction to a fine not exceeding ¢1 million or to imprisonment for a term not exceeding two years or both.

Section 32—Personation.

A person commits the offence of personation if he—

(a) votes as another person, whether that other person is living or dead or is a fictitious person; or

(b) votes for a person whom he knows or has reasonable grounds to believe to be dead or to be a fictitious person.

Section 33—Bribery.

(1) A person commits the offence of bribery—

(a) if he directly or acting through another person—

(i)  gives money or obtains an office for a voter in order to induce the voter to vote or refrain from voting; or

(ii)  corruptly does such an act on account of a voter having voted or refrained from voting; or

(iii) makes a gift or provides something of value to a voter to induce the voter to vote in a certain way or to obtain the election of a candidate; or

(b) if he advances or pays money or causes money to be paid to or for the use of a person with the intent that the money or part of it shall be expended in bribery at an election, or knowingly pays money or causes money to be paid to a person in discharge or repayment of money wholly or in part expended in bribery at an election; or

(c) if  before or during an election he directly or indirectly, by himself or through another person acting on his behalf, receives, agrees or contracts for money, gift, a loan or valuable consideration or an office, place or employment for himself or for another person for voting or agreeing to vote or for refraining or agreeing to refrain from voting; or

(d) if after an election he directly or through another person receives money or valuable consideration on account of a person having voted or refrained from voting or having induced another person to vote or to refrain from voting.

(2) For the purpose of subsection (1)—

(a) references to giving money include giving, lending, agreeing to give or lend, offering, promising and promising to procure or to endeavour to procure money or valuable consideration; and

(b) references to procuring office include giving, procuring, agreeing to give or procure, offering, promising and promising to procure or to endeavour to procure an office, place or employment.

Section 34—Treating.

A person commits the offence of treating—

(a) if he corruptly either himself or through another person, before, during or after an election gives or provides or pays wholly or in part the expenses of giving or providing meat, drink, entertainment or provision to or for any person—

(i) for the purpose of corruptly influencing that person or another person to vote or refrain from voting; or

(ii) on account of that person or another person having voted or refrained from voting or being about to vote or refrain from voting; or

(b) if he corruptly accepts or takes any meat, drink, entertainment or provision offered in the circumstances and for the purposes mentioned in paragraph (a) of this section.

Section 35—Undue Influence.

A person commits the offence of undue influence—

(a) if he directly or indirectly or through another person acting on his behalf—

(i)  makes use of or threatens to make use of force, violence or restraint; or

(ii) inflicts or threatens to inflict on another person a temporal or spiritual injury, damage, harm or loss,

in order to induce or compel that person to vote or refrain from voting, or on account of that person having voted or refrained from voting; or

(b) if by abduction, duress or any fraudulent method he impedes or prevents the free exercise of the franchise of a voter.

Section 36—Interference with Electioneering Activities of Other Persons.

A person who, before or during an election for the purpose of effecting or preventing the return of a candidate either directly or indirectly—

(a) by words, whether spoken or written, song, sign or any other representation or in any manner whatsoever seeks to excite or promote disharmony, enmity or hatred against another person, group of persons or political party on grounds of religious, tribal, professional, regional or political affiliation; or

(b) organises a group of persons with the intention of training the group in the use of force, violence, abusive, insulting, corrupt or vituperative songs or language calculated to discredit, malign, disparage, condemn, insult or abuse another person or candidate or with a view to causing disharmony or a breach of the peace or to disturbing public tranquility so as to gain unfair advantage in the election over that other person or candidate; or

(c) obstructs or interferes or attempts to obstruct or interfere with the free exercise of the franchise of a voter or compels or induces or attempts to compel or induce a voter to vote or to refrain from voting; or

(d) compels, induces or attempts to compel or induce a candidate to withdraw his candidature; or

(e) in any manner whatsoever threatens any candidate or voter with injury or harm of any kind; or

(f) induces or attempts to induce any candidate or voter to fear or believe that he will suffer illness or will become an object of divine, spiritual or fetish displeasure or censure;

commits an offence and is liable on conviction to a fine not exceeding ¢1 million or to imprisonment for a term not exceeding two years or both; and shall for a period of five years from the date of the expiration of his term of imprisonment be disqualified from being registered as a voter at a public election and in the case of a political party that political party shall be declared a prohibited organisation.

Section 37—Certain Activities Prohibited on Polling Day.

(1) During the hours when a poll is open on polling day, no person shall, within five hundred metres of any polling station, seek to influence, in whatever manner, any person to vote for any candidate or to ascertain for which candidate any voter intends to vote or has voted.

(2) During the hours when a poll is open on polling day no person shall, within five hundred metres of any polling station, sell any intoxicating liquor.

(3) Any person who contravenes any provision of this section commits an offence and is liable on conviction to a fine not exceeding ¢500,000 or to a term of imprisonment not exceeding twelve months or both.

Section 38—Defacement of Notices.

Any person who without lawful excuse destroys, mutilates, defaces or removes any notice which is exhibited under the authority of this Law or of regulations made under it or any document which is made available for inspection under this Law or of regulations made under it commits an offence and is liable on conviction to a fine not exceeding ¢250,000 or to a term of imprisonment not exceeding six months or both.

Section 39—False Statements.

(1) A person who before or during an election for the purpose of effecting or preventing the election of a candidate makes or publishes or causes to be made or published by words whether written or spoken,or by song a statement which is false or which he knows or has reason to believe to be false in relation to the personal character of another candidate or the conduct of a political party commits an offence.

(2) A person who before or during an election knowingly publishes a false statement of the withdrawal of a candidate for the purpose of promoting or procuring the return of another candidate commits an offence.

(3) A person who commits an offence under this section is liable on conviction to a fine not exceeding ¢1million or to imprisonment for a term not exceeding two years or both.

(4) The provisions of this section shall not take away the right of a person to sue for defamation of character.

Section 40—Obstruction of Officers.

A person who wilfully obstructs or interferes with an election officer in the execution of his duty commits an offence and is liable on conviction to a fine not exceeding ¢1million or to imprisonment for a term not exceeding two years or both.

Section 41—Penalty and Incapacity for Corrupt and Illegal Practices.

(1) A person convicted of the offence of personation, bribery, treating or undue influence, under sections 32, 33, 34 or 35 of this Law, shall be liable on conviction to a fine not exceeding ¢1million or to a term of imprisonment not exceeding two years or both; and shall for a period of five years after the date of the expiration of his term of imprisonment be disqualified from being registered as a voter or voting at a public election.

(2) Where a court convicts a person of a corrupt or illegal practice under this Law, it shall report the conviction in writing to the Commission.

Section 42—Consent to Prosecution.

No person shall be prosecuted for an offence under this Law without the consent in writing of the Attorney-General, except that this section shall not prevent a person being—

(a) charged with such an offence; or

(b) arrested with or without warrant in respect of the offence; or

(c)  remanded on bail or in custody in respect of the offence,

without the consent of the Attorney-General.

PART VI—MISCELLANEOUS PROVISIONS

Section 43—Record of Disqualified Persons and Removal from Register.

(1) The Commission shall keep a record of persons who by the operation of sections 27, 28, 29 or 41 of this Law are disqualified from being registered as voters, voting at an election or becoming members of Parliament.

(2) Where a person whose name is included in the register of a constituency is by the operation of sections 27, 28, 29 or 41 of this Law, disqualified from being registered as a voter, the Commission shall cause his name to be deleted from the register.

Section 44—Duty of Registrars of Courts to Report Certain Convictions to Commission.

Where a person is convicted of an offence under sections 27, 28, or 29 of this Law the Registrar of the court by which the person is convicted shall as soon as possible after the conviction report the conviction in writing to the Commission.

Section 45—Saving Where Election Declared Void.

Where on an election petition or on a petition under section 25 of this Law, the election of a person as a member of Parliament is declared to be void, the declaration shall not invalidate anything done by that person during the period preceding the declaration in the purported exercise of the functions of that office.

Section 46—Inaccurate Description of Persons or Place.

No inaccurate description of a person or place named or described in a register, notice or other document prepared or issued under or for the purpose of this Law shall, if the person or place is so designated as to be commonly identifiable or understood, affect the validity of that register, notice or document or the operation of this Law or of regulations made under it in respect of that person or place.

Section 47—Regulations.

The Commission may by legislative instrument, make regulations providing for—

(a) issuing of writ and notice of election;

(b) nomination of candidates;

(c) allocation of symbols and colours to candidates;

(d) notice of polls;

(e) procedure for voting;

(f)  forms;

and generally for giving full effect to the provisions of this Law.

Section 48—Fees and Appeals Under Legislative Instrument Made Under this Law.

A legislative instrument made under this Law may prescribe fees or other payments to be made in respect of a matter provided for under that instrument and may also provide for a right of appeal to the High Court from a determination of a cause or matter made under that instrument.

Section 49—Exemption.

A declaration of secrecy made for the purpose of a public election, shall not be liable for stamp duties.

Section 50—Interpretation.

(1) In this Law unless the context otherwise requires—

"by-election" means an election held to fill a vacancy occurring otherwise than on the dissolution of Parliament;

"Commission" means the Interim National Electoral Commission established under section 1 of the Interim National Electoral Commission Law, 1991 (PNDCL 271);

"constituency" means one of the constituencies into which Ghana is for the time being divided;

"corrupt practice" means the offence of personation, bribery, treating or undue influence or of aiding, abetting, counselling or attempting the commission of such an offence;

"counting agent" means a counting agent appointed under regulations made under this Law;

"divisional register" means the register relating to a polling division;

"election" means any public elections. [As substituted by the Representation of the People (Amendment) Law, 1992 (PNDCL 296) s.(c)]

"election officer" means a registration officer, a returning officer, a deputy or assistant registration or returning officer, a presiding officer or a polling assistant;

"nomination day" in relation to an election means the day appointed for the nomination of candidates;

"official mark" means the official mark with which a ballot paper is perforated or stamped;

"polling agent" means an agent appointed under regulations made under this Law;

"polling assistant" means a polling assistant appointed under regulations made under this Law;

"polling day" in relation to an election means the day appointed for the taking of a poll;

"polling division" means one of the polling divisions into which a constituency is for the time being divided by regulations made under this Law;

"presiding officer" means the presiding officer of a polling station appointed under regulations made under this Law;

"qualifying date" in relation to a constituency means, the date on which there is published by the Commission an instrument indicating that the constituency is affected by a decision of the Commission to cause a revision or replacement of registers to be undertaken;

"register" means a register of voters;

"returning officer" means the presiding member of an election committee appointed under this Law;

"scrutiny" means the examination of the votes cast at an election directed by the High Court;

"vote" means vote at an election;

"voter" includes a person entitled to vote, a person claiming to be so entitled and a person seeking or intending to vote.

(2) References in this Law to "the registration officer" and "the returning officer" shall, unless the context otherwise requires be construed, in relation to any particular constituency, as references to the registration officer or the returning officer, as the case may be, appointed for that constituency under this Law.

(3) Nothing in Part IV of this Law shall be construed as conferring on the High Court trying an election petition power to convict a person of a corrupt or illegal practice.

Section 51—Presidential Elections and Referenda.

The Commission may by legislative instrument make such modification to this Law as may be necessary for the purpose of presidential elections and the holding of referenda.

Section 52—Repeals.

The following enactments are hereby repealed—

(i)   Representation of the People Decree, 1968 (NLCD 255);

(ii)  Representation of the People (Amendment) Decree, 1968 (NLCD 270);

(iii) Representation of the People (Amendment) Decree, 1969 (NLCD 350);

(iv) Representation of the People (Amendment) (No. 2) Decree, 1969 (NLCD 363);

(v)  Representation of the People (Amendment) Decree, 1978 (SMCD 191);and

(vi) Representation of the People (Amendment) Decree, 1979 (SMCD 230);

(vii) Paragraphs (a) and (b) of the Representation of the People (Amendment) Law, 1992 (PNDCL 296);[Repealed by the Representation of the People (Amendment) Act, 1994 (Act 471), s.2]

(viii) Representation of the People (Amendment)(No.2) Law, 1992 (PNDCL 298).[Repealed by the Representation of the People (Amendment) Act, 1994 (Act 471), s.2]

Made this 24th day of July, 1992.

FLT. -LT. JERRY JOHN RAWLINGS

Chairman of the Provisional National Defence Council

Date of Gazette Notification: 7th August, 1992.

amended by

REPRESENTATION OF THE PEOPLE (AMENDMENT) LAW, 1992 (PNDCL 296)1

REPRESENTATION OF THE PEOPLE (AMENDMEN