The franchise

(1) All persons shall be eligible to vote in any general election, by-election, presidential election, local government election or referendum, subject only to this section. (2) Subject to subsection (3), a person shall be qualified as a voter in a constituency if, and shall not be so qualified unless, at the date of the application for registration that person— (a) is a citizen of Malawi or, if not a citizen, has been ordinarily resident in Malawi for seven years; (b) has attained the age of eighteen years or provides proof that on or before the polling day he or she shall have attained the age of eighteen years; and (c) is ordinarily resident in that constituency or was born there or is employed or carries on business there. [subsection (2) substituted by section 4 of Act 13 of 2020 ] (3) No person shall be qualified for registration as a voter in a constituency if that person— (a) is under any law in force in the Republic adjudged or otherwise declared to be mentally incompetent; (b) is under sentence of death imposed by a court having jurisdiction in the Republic, either before or after the appointed day ; or (c) is disqualified from registration as a voter on the grounds of his or her having been convicted of any violation of any law relating to elections passed by Parliament and in force at the time of, or after, the commencement of this Constitution, but such disqualification shall be valid only with respect to registration for the election in question and the person so disqualified shall be qualified to be registered as a voter in the next or any subsequent election. [6 of 1995; 11 of 2010] (4) Where any person is qualified to be registered in more than one constituency as a voter, he or she may be so registered only in one of the constituencies. (5) No person shall exercise more than one vote in any one election. [6 of 1995; 11 of 2010]