The Election Expenses Act, 2010
This text lists section headings, including short title, commencement, application, interpretation, and parts on administration of election expenses.
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- The Election Expenses Act, 2010
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This text lists section headings, including short title, commencement, application, interpretation, and parts on administration of election expenses. This section lists topics about election expenses, including political-party expenses, fund disclosures before campaigns, expense limits, voluntary donations, and foreign funding restrictions. This section is titled “Organizations to disclose sources of funds” and refers to expenses for the nomination process. This section heading indicates rules about election campaign funds, election expenses, prohibited practices, and offences and penalties, but the excerpt does not state the actual rules. This section is a heading for general offences and penalties relating to the powers of the Registrar.
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Provisions of The Election Expenses Act, 2010
Showing 41 of 41
- 6 Verify source ↗
Section 6
AI-assisted research summary: This text lists section headings, including short title, commencement, application, interpretation, and parts on administration of election expenses.
6. Short title and commencement. Application. Interpretation. PART II A d m i n i s t r a t i o n o f E l e c t i o n E x p e n s e s Functions o f the Registrar. Powers o f inspection. Power to demand information. PART III E l e c t i o n E x p e n s e s
Part
PART III
- 12 Verify source ↗
Section 12
AI-assisted research summary: This section lists topics about election expenses, including political-party expenses, fund disclosures before campaigns, expense limits, voluntary donations, and foreign funding restrictions.
12. Meaning o f election expenses. Election expenses to be incurred by political parties. Disclosures o f funds before election campaigns. Limit o f election expenses. Voluntary donations. Restriction o f foreign funding to election expenses. 1 No. 6 Election Expenses 2010 - 14 Verify source ↗
Section 14
AI-assisted research summary: This section is titled “Organizations to disclose sources of funds” and refers to expenses for the nomination process.
14. Organizations to disclose sources o f funds. Expenses for nomination process. PART IV A c c o u n t a b i l i t y - 14 Verify source ↗
Section 14
AI-assisted research summary: This provision heading refers to organizations disclosing the sources of expenses for a nomination process.
14. Organizations to disclose sources o f Expenses for nomination process. 2010 funds. PART IV A c c o u n t a b i l i t y - 7 Verify source ↗
(l) The term “election expenses’’ means all funds
AI-assisted research summary: This section defines “election expenses” and “campaign team,” and says certain campaign-team approvals must be made by specific officials depending on the office contested.
7 .-(l) The term “election expenses’’ means all funds expended or expenses incurred in respect o f the conduct and m anagement o f nomination process, election campaign and election by a political party, candidate or Government and include- C a p . 3 43 (a) (b) (c) in relation to nomination process, all expenses incurred by a political party during the nomination process; in relation to nomination o f a candidate under the expenses or National Elections Act or all expenditure for faciIitatinii its candidate for nomination: incurred by a political party in relation to election campaigns, all expenses or incurred by a political party or expenditure for the purpose o f election campaigns; candidate and 6 No. 6 Election Expenses 2010 (d) in relation to an election, all expenses incurred by the Government, political parties and candidates. (2) All funds used for promotional art groups for purposes o f presentation o f a candidate to voters including the cost o f providing food, drinks, accommodation or transportation which has been reasonably incurred by a candidate for members o f his campaign team shall be deemed to constitute election expenses. (3) For the purposes o f subsection (2), “campaign team" the means a group o f persons for purpose o f nomination process or a contested election presenting or assisting that candidate in the election campaigns, who have been approved- formed by a candidate in E le ction e x p e n s e s to be in curred by p olitical p a r tie s C a p. 258 D i sc lo su r e o f f u n d s b efo re election c a m p a i g n s (a) the case o f a Presidential candidate, by in Registrar; the (b) in the case o f a Member o f Parliament, by the (c) District Administrative Secretary; and in the case o f a Councilor, by the Ward Executive Officer.Referenced legislation
- National Elections Act (resolved)
- 8 Verify source ↗
(l)
AI-assisted research summary: Political parties must fund and run their election campaigns using their own funds from sources allowed by the Political Parties Act; candidates may use their own funds for campaigns, subject to this Act’s limits.
8.-(l) It shall be an obligation o f each political party to conduct and fund its election campaign by utilizing its own funds from the sources stipulated under the Political Parties Act. (2) Subject to the limitations provided for under this Act. a candidate may use his own funds during election campaigns as may be necessary or required for the purpose o f election campaigns.Referenced legislation
- Political Parties Act (review)
- 9 Verify source ↗
(l) A candidate shall be required to disclose at least
AI-assisted research summary: Candidates must disclose campaign funds before nomination day, and participating political parties must disclose their election-fund plans after nomination day.
9.-(l) A candidate shall be required to disclose at least seven days before the nomination day- (a) (b) the case o f a Presidential candidate, in Secretary General; in the ease o f a candidate for the post o f a Member o f Parliament and a member o f the Council, to the District Party Secretary, to the o f a political party which sponsored that candidate the amount o f funds which the candidate- No. 6 Election Expenses 2010 has in his possession: and expects to receive, intends to use as election expenses. (i) (ii) (2) . Every political party which participates in any thirty days after the nomination day, election shall, within disclose to the Registrar all funds which it intends to - (a) (b) use as election expenses; and use for candidates sponsored by such political party as election expenses. (3) The disclosure o f funds b\ the candidate shall, for the purpose o f this Act. in the absence o f any other factors, be prim a facie evidence that the candidate has complied with the requirement for disclosure o f funds. (4) it shall be For the purpose o f subsection (3), sufficient for the District Party Secretary or the Secretary General, o f a political party concerned, to issue a certificate showing that the candidate has complied with the requirement o f subparagraph (i) o f subsection (1). (5) The disclosure o f funds made pursuant the provisions o f this Act shall be confidential and shall not be the subject o f a divulged except when such complaint or a complaint lodged by the Registrar or investigation initiated by the Registrar or if it is the subject o f proceedings in the court o f law. information to is U m i l o f e le c tio n e x p e n s e s - 10 Verify source ↗
(1) For the purpose o f implementation o f section 9
AI-assisted research summary: The Minister may set and vary maximum election expenses, and political parties and candidates must report excess spending and follow donation disclosure and account rules.
10.- (1) For the purpose o f implementation o f section 9 and this section, the Minister shall, by an order in the Gazette- (a) the maximum amount o f election (i) prescribe expenses depending on - the difference in constituency; categories o f candidates; (ii) (iii) population o f people: and (iv) the communication infrastructure; size o f electoral (b) vary the amount o f election expenses to be used 8 No. 6 Elect ion Expenses 2010 by political parties during election campaigns. (2) Where in exceptional circumstances, a political party or a candidate expends funds in excess o f the amount prescribed under sub-section (1) that political party or the candidate, as the case may be, shall be required to make a report to the Registrar containing reasons for the use o f excess funds. (3) A political party which or a candidate who uses funds in exccss o f the amount prescribed pursuant to sub-section (1) commits an offence. V o lu n ta r y d o n a t i o n s for l l . - ( l ) A political party may, the purposes o f financing clcction expenses, appeal for and receive voluntary donations from any individual or organisation, in and outside the United Republic, provided that the source o f every donation, exceeding shillings one million for an individual donor and shillings two million for an organization shall, within thirty days o f its receipt, be disclosed to the Registrar by the Board o f Trustees o f the political party concerned. (2) Each political party shall ensure that all donations received by the party in the form o f money arc deposited in the special account opened by the party for election expenses, and all election expenses shall be paid from that account. C a p. 25 8 (3) Every political party shall disclose to the Registrar information relating to donations received pursuant to subsection (1) in a manner stipulated under the Political Parties Act. (4) For the purpose o f voluntary donations, a candidate may receive or accept donation for election expenses from an individual person or organisation. (5) A person who uses or threatens to use force or violence, injures, damages or harms any person who donates or intends to donate any funds to a candidate, a member o f his family or any o f his undertakings commits an offence. (6) The term “ undertakings” as used in subsection (5) means business, property, employment, contract o f service and any other similar trade. 9 No. 6 El eel ion Expenses 2010 (7) Any person who contravenes the provisions of subsection (5) shall, on conviction, be liable to a line o f not less than shillings one million and not more than shillings live million or to imprisonment for a term o f not less than six months and not more than two years or to both. R e str ic tio n o f f o reig n f u n d i n g to electio n e x p e n s e s No party,Referenced legislation
- Political Parties Act (review)
- 12 Verify source ↗
(1)
AI-assisted research summary: Certain political organizations, related bodies, members, and other persons must not receive or bring into the United Republic funds meant to support a political party, own candidacy, or another nominated candidate, except in the stated election-period windows and subject to the Political Parties Act.
12.-(1) political Non-Governmental Organisation, Faith Based Organisation, Comniunity Based Organisation, other body or institution or any m em ber o f such political party, Non-Governmental Organisation, Faith Based Organisation, Community Based Organisation, body or institution and no other person shall receive, bring or cause to be brought into the United Republic, any funds or anything which can be cashed or converted into funds which, on the ground o f a donation or on other ground, is intended to be used or, in the discretion of such political party, Non-Governmental Organisation. Faith Based Organisation. Community Based Organisation, body, institution, member or other person, may be used to further the interest o f any political party, own candidature or any other person who has been nominated or may be nominated as a candidate for am contested election. (2) The term “ funds” as used in subsection (1) shall be construed to include: (a) money; (b) (c) (d) (c) ( 0 (g) a motor vehicle; an aircraft; transportation; T-shirts; a flag: printing, publication or distribution o f leaflets, brochures or am other publications: broadcasting, radio or television equipment; provision o f food or drinks: promotional art groups: and any other thing intended to be used for furtherance o f election campaigns. (h) (i) (j) (k) C’n p .25 8 (3) Except as provided for under the Political Parties Act. the restriction imposed by subsection ( I ) shall not apply to am 10 No. 6 Election Expenses 2010 funds received within, brought or caused to be brought into the United Republic during any period, in the case of- (a) (b) the General Elections, ninety days before election day: and a by- election, thirty days before the election day. the (4) Any political party. Non-Governmental Organization, Faith Based Organization, Community Based Organisation, other body or institution or any member o f such political party, Non-Government Organisation, other body or institution and any other person who uses any fund referred to in subsection (1) contrary to the provisions o f that subsection or fails to comply with any requirements or conditions stipulated in terms o f that subsection (1), commits an offence. O r g a n i s a t i o n s to disc lose1 so u r c c s o f fu nd sReferenced legislation
- Political Parties Act (review)
- 13 Verify source ↗
(1) Any Non-Governmental Organisations, Faith
AI-assisted research summary: Some NGOs, faith-based organisations, and community-based organisations taking part in election-related activity must disclose funding sources and amounts, limit spending to the minister-prescribed amount, report election expenses to the Registrar within 90 days after the election, and may be fined or imprisoned for breaches.
13.—(1) Any Non-Governmental Organisations, Faith Based Organisations or Community Based Organisations which, for the purpose o f election, wishes to participate in anv activity referred to in subsection (3) shall be required to disclose sources and the amount of funds that shall be used for that activity. to (2) Subject (1) Non-Governmental subsection Organisations, Faith Based Organisations or Community Based Organisations shall not use more than the amount prescribed by the Minister in the regulations. (3) Without prejudice to subsection (1), all money of Non-Governmental Organisations, Faith Based Organisations or Community Based Organisations shall be used for purposes o f - (a) (b) advocacy; public awareness, for furtherance o f election campaigns. (4) Within ninety days after the election, Non- Governmental Organisations. Faith Based Organisations or Community Based Organisations referred to in subsection (I), shall furnish to the Registrar information in relation to expenses incurred for the election. 11 No. 6 Election Expenses 2010 (5) A Non-Governmental Organization, Faith Based Organization or Community Based Organization which contravenes the provisions o f this section commits an offence and shall, upon conviction, be liable to a fine not less than shillings live million or to imprisonment for a term not exceeding three years or to both. E x p e n s e s lo r n o m i n a t i o n p r o c e s s - 14 Verify source ↗
(1) All expenses to be incurred during the nomination
AI-assisted research summary: A political party concerned must pay the expenses incurred during the nomination process, and the Minister must make uniform nomination regulations after consulting the Registrar and fully registered political parties.
14.-(1) All expenses to be incurred during the nomination process within the political parties shall be borne out by a political party concerned. (2) For the purpose o f this section, the Minister shall, in consultation with the Registrar and political parties with full registration, make uniform regulations which shall be observed during the nomination process by all political parties. PART IV A c c o u n t a b i l i t y D i s c l o s u r e o f fu n d for electio n c a m p a i g n s
Part
PART IV
- 25 Verify source ↗
Section 25
AI-assisted research summary: This section heading indicates rules about election campaign funds, election expenses, prohibited practices, and offences and penalties, but the excerpt does not state the actual rules.
25. Disclosure o f funds for election campaigns. Receipt o f election expenses. Apportionment of election expenses incurred by a political party. Returns as to election expenses. Obligation to keep records. Failure to disclose funds. PART V P r o h i b i t e d P r a c t i c e s Unfair conducts. Unconscionable funding. Conveyance o f voters. Disqualification o f candidates. Prohibition o f prohibited practices prior to nomination process. PART VI O l T E N C E S AND PEN ALTIE S - 25 Verify source ↗
Section 25
AI-assisted research summary: This section lists topics on disclosure of election campaign funds, election expenses, records, prohibited practices, and offences and penalties.
25. Disclosure o f funds for election campaigns. v. Receipt o f election expenses. Apportionment o f election expenses incurred by a political party. Returns as to election expenses. Obligation to keep records. Failure to disclose funds. PART V P r o h i b i t e d P r a c t i c e s Unfair conducts. Unconscionable funding. Conveyance o f voters. Disqualification o f candidates. Prohibition o f prohibited practices prior to nomination process. PART VI O f f e n c e s a n d P e n a l t i e s - 15 Verify source ↗
(1) All funds provided by an association or group of
AI-assisted research summary: Campaign funds for a political party must be paid to that party, and the party must disclose the funds in election expense returns.
15.-(1) All funds provided by an association or group of persons or by any person for the nomination process or election campaigns o f a political party, whether as a gift, loan, advance, deposit or donation, shall be paid to the political party concerned and not otherwise and the political party shall disclose the received funds in the returns respecting election expenses. (2) A political party which fails to disclose any gift, loan, advance, deposit or donation subsection (1) commits an act of prohibited practices. received as required under Re ceip t o f electio n e x p e n s e s - 16 Verify source ↗
Section 16
AI-assisted research summary: Anyone making payments for election expenses must support the payment with a bill showing particulars and a receipt or other proof of payment.
16. Any person who effects payments in respect of any election expenses shall ensure that the payment made is vouched for by a bill stating the particulars and by a receipt or some other evidence o f payment. A p p o r t i o n m e n t o f e le c tio n e x p e n s e s i n cu rred b y a political part}' - 17 Verify source ↗
(l) With the consent o f the candidates concerned, a
AI-assisted research summary: A political party may spend on candidate advertisements and meetings with candidate consent, but it must apportion that spending to candidates, notify each candidate within 30 days after polling day, and its Board of Trustees must file true returns with the Registrar within 90 days after polling day.
17.-(l) With the consent o f the candidates concerned, a political party may expend on the advertisement o f candidates sponsored by such political party and their meetings and in that event shall- (a) expenditure between such the apportion candidates as may be appropriate; and 12 No. 6 Election Expenses 2010 (b) within thirty days after the polling day, inform each candidate o f the amount so apportioned to him, and the amount so apportioned shall form part o f the candidate's election expenses. (2) Any advertisement referred to in section (I) shall include the name o f the Board o f Trustee o f the political party in question and a statement that it is published under the authority o f that political party. (3) The Board o f Trustees o f a political party shall, within ninety days after the polling day, render, in respect o f every candidate sponsored by such party, to the Registrar true returns in the prescribed form showing expenditure incurred in terms o f subsection (1) and the amount apportioned to each candidate. R e tu r n s as to electio n e x p e n s e s
Part
PART VI
- 27 Verify source ↗
Section 27
AI-assisted research summary: This section is a heading for general offences and penalties relating to the powers of the Registrar.
27. General offences and penalties. Offences relating to powers o f the Registrar. PART VII G e n e r a l P r o v i s i o n s - 26 Verify source ↗
Any person who commits an offence under this Act to
AI-assisted research summary: If someone commits an offence under this Act and no specific penalty is set, they are liable on conviction to a fine, with different maximum amounts for a political party, candidate, or organization/corporation/institution.
26. Any person who commits an offence under this Act to which no specific penalty is prescribed shall on conviction be liable to - 21 No. 6 El eel ion Expenses 2010 (a) (b) (c) in the case ol' a political party, to a fine not exceeding shillings three million; in the ease o f a candidate, to a line not exceeding shillings one million; in the case o f an organization, corporation or institution, to a fine not exceeding shillings five million. O f f e n c e s relatin g to p o w e r s o f the R e g is tra r - 27 Verify source ↗
Any person vvho
AI-assisted research summary: Any person who obstructs the Registrar, refuses requested records, gives false information, makes false statements, or destroys relevant materials commits an offence and may be fined up to shillings five million.
27. Any person vvho- (a) obstructs the Registrar or his representative from exercising powers o f the Registrar under this Act; (b) (c) (d) (c) documents refuses to produce books, papers and documents as requested by the Registrar; produces books, false information to the Registrar; makes false statement in any returns or financial report; or destroys any books, papers, documents or thing relating to the subject matters o f investigation. examination or inspection. false or commits an offence and shall be liable on conviction to a fine not exceeding shillings five million. PART VII G i :n i :r a i . P r o v i s i o n s election shall have
Part
PART VII
- 31 Verify source ↗
Section 31
AI-assisted research summary: This section is a heading referring to duties of Government media, peace and security, protection from liability, and regulations.
31. Duties o f Government media. Peace and security. Protection from liability. Regulations. PART VIII CONSEQUENTIAL AMENDMl-NTS - 31 Verify source ↗
Section 31
AI-assisted research summary: 31. Duties o f Government media. Peace and security. Protection from liability. Regulations. PART VIII C o n s e q u e n t i a l A m e n d m e n t s
31. Duties o f Government media. Peace and security. Protection from liability. Regulations. PART VIII C o n s e q u e n t i a l A m e n d m e n t s - 28 Verify source ↗
(l) The candidate for the Office o f the President in
AI-assisted research summary: A presidential candidate may use broadcasting service and television during the election campaign, subject to the National Elections Act. Government media must publish electoral-process information without bias and must not tamper with information or discriminate against any candidate.
28.-(l) The candidate for the Office o f the President in the Government an broadcasting service and television during the election campaign, in accordance with the provisions o f the National Elections Act. to utilize the right (2) The Government media shall their publications information related to the electoral process without bias and such publication shall not tamper with information or discriminate against any candidate. include inReferenced legislation
- National Elections Act (resolved)
- 29 Verify source ↗
(1) The Government shall,
AI-assisted research summary: The Government must deploy police to provide security during nomination, campaign, and election periods, and it must pay the related expenses. The Minister may make regulations on the Registrar’s recommendation, and the Registrar must send draft regulations to all fully registered political parties at least 30 days before submitting them to the Minister.
29.-(1) The Government shall, the purpose of maintaining peace and security during nomination process. for D u t i e s nl' ( i o \ e m i n e n t m e d i a Cap.3-13 P ea c e an d seenritN No. 6 Election Expenses 2010 election campaign and election, deploy the police force provide such security- (a) (b) (c) (2) to any place where nomination process or election campaign is conducted by a political party: in respect o f Presidential candidates: and to any other place, area or to persons as it may determine. The expenses for deploying the police force personnel for the purpose o f this section shall be borne out by the Government. 3 0 . No matter or thing done by any officer, officer or employee o f the Office o f the Registrar, the National Electoral Commission or any other official o f the Governm ent shall, if the matter or thing was done in good faith for the purposes o f performance o f any functions or exercise o f any powers provided for under the provisions o f this Act, shall make such officer or employee personally liable for the matter or thing done. P ro te ctio n fro m liability R e g u la tio n s 3 1 .-(1) The Minister may, on the recommendation o f the Registrar make regulations for or with respect to any matter which by this Act is required or permitted to be prescribed or which is necessary for giving effect to this Act. (2) Before making recommendation to the Minister about any regulations which are to be made, the Registrar shall submit the draft regulations to every fully registered political party for purposes o f inviting opinions from the general public and in particular, political parties, in such manner as may be appropriate, at least thirty days before the draft regulations are submitted to the Minister. PART VIII C o n s e q u e n t i a l A m e n d m e n t s .zr sanction i t 25 8
Part
PART VIII
- 33 Verify source ↗
Section 33
AI-assisted research summary: This section is titled “Construction. Miscellaneous amendments.”
33. Construction. Miscellaneous amendments. ISSN 0856 - 03 3 IX TH E UNITED REPUBLIC OF TANZANIA ACT SUPPLEMENT No. 1 191" March, 2010 to the Gazette o f the United Republic o f Tanzania No. 12 Vol. 91 dated 19'h March, 2010 P ri n t e d b y t h e G o v e r n m e n t P rin ter D a r es S a l a a m by O r d e r o f G o v e r n m e n t THE ELECTION EXPENSES ACT. 2010 A r r a n g e m e n t o f S e c t i o n s PART I P r e l i m i n a r y P r o v i s i o n s Section Title - 33 Verify source ↗
Section 33
AI-assisted research summary: The text shown says the Act may be cited as the Election Expenses Act, 2010 and comes into operation on 1 April 2010.
33. Construction. Miscellaneous amendments. No. 6 Election Expenses 2010 T H E U N IT E D R E PU B L IC OF T A N Z A N IA No. 6 o f 2010 I A s s e n t , J a k a y a M r i s h o K i k w e t e , President 17'" M arch, 2010 An Act to m ake provisions for the funding o f nom ination process, election campaigns and elections with a view to controlling the use o f funds and prohibited practices in the nom ination process, election cam paigns and elections; to make provisions for allocation, m anagem ent and accountability o f funds and to provide for consequential and related matters. E n a c t e d by Parliament o f the United Republic o f Tanzania. PART I P r e l i m i n a r y P r o v i s i o n s short title and commencement l .- ( l ) This Act may be cited as the Election Expenses ^ . Act, 2010. (2) This Act shall come into operation on the Is1 day o f April, 2010.. No. 6 Election Expenses 2010 Application - 32 Verify source ↗
Section 32
AI-assisted research summary: This section says the provisions of this Part must be read together with the Political Parties Act.
32 . The provisions o f this Part shall be read as one with the Political Parties Act. 23 No. 6 Election Expenses 2010 M i s c e l l a n e o u s a m e n d m e n t s Cap. 2 58Referenced legislation
- Political Parties Act (review)
- 33 Verify source ↗
The Political Parties Act is amended
AI-assisted research summary: This section amends the Political Parties Act by adding wording to section 13(2) that makes it subject to Part III of the Election Expenses Act, 2009.
33. The Political Parties Act is amended- (a) in section 13 by inserting the phrase “ Subject to the provisions o f Part III o f the Election Expenses Act, 2009” just before the words “ Every party” which appears in subsection (2); and by inserting after section 13 provisions: following the (b) by intention the another personReferenced legislation
- Political Parties Act (review)
- 13A Verify source ↗
(1) Every
AI-assisted research summary: People who learn of a prohibited practice offence or attempt must report it to the Registrar. Witnesses cannot be forced to reveal informers or answer questions that would expose them, and courts must hide identifying passages from public view. Informers who suffer harm from corruption-related conduct may receive compensation, protection, and assistance.
13A.-(1) Every who is or becomes aware o f the commission or to commit person, whether that person is a voter, a candidate, a leader o f a political party or not, to commit an offence o f prohibited practice shall be required to give information to the Registrar. (2) No information to commission o f an relating offence under this Act shall be admitted in evidence in any civil or criminal proceedings and no witness in any civil or criminal proceedings shall be obliged to - (a) o f disclose the name or any address informer who has given information to the Registrar with an respect to offence under this Act or the name or an\ o f address has person who the assisted and Prevention " P r o t e c t i o n o f i n f o rm e r a nd w i t n e s s 24 No. 6 Election Expenses 2010 Combating of Corruption Bureau in in any way relation to such an offence; or (b) the answer answer any question to if such question would lead, or would tend to lead, to discovery or the o f address such informer or person. name o f (3) Where any book, document or paper which is the subject o f evidence or liable for inspection in any civil or criminal in proceedings contain an entry which that informer or person is named or described, or which might lead to the discovery o f that informer or person by the public, the court shall cause all such passages from view by to be far as may be obligated necessary to protect the informer or from discovery by the public. to be concealed the public or so person other such a (4) reprisal, Any informer who suffers or retaliation victimization, injury or any harm o f from corruption, o f offences o f corruption, prohibited their accessories practices and reasonable shall perpetrators afforded accused person be 25 No. 6 Election Expenses 2010 compensation protection, assistance by upon Registrar the magnitude Victimization, injury or harm." and the Government the of ascertainment by Passed in the National A ssem bly on the 11th February, 2010. D r . T h o m a s D. K a s i i i l i l i .a h C lerk o f the N a tio n a l Assembly 26
Part
PART I
- 12 Verify source ↗
Section 12
AI-assisted research summary: This section lists the act’s headings, including administration of election expenses and related topics such as Registrar functions, inspection, information requests, disclosures, expense limits, donations, and foreign funding.
12. Short title and commencement. Application. Interpretation. PART II A d m i n i s t r a t i o n o f E l e c t i o n E x p e n s e s Functions o f the Registrar. Powers o f inspection. Power to demand information. PART III E l e c t i o n E x p e n s e s . Meaning o f election expenses. Election expenses to be incurred by political parties. Disclosures o f funds before election campaigns. Limit o f election expenses. Voluntary donations. Restriction o f foreign funding to election expenses. 1 No. 6 Election Expenses - 2 Verify source ↗
This Act shall apply
AI-assisted research summary: This Act applies to election expenses for certain candidates in Mainland Tanzania and Tanzania Zanzibar.
2. This Act shall apply- (a) (b) in the case o f Mainland Tanzania, in respect of election expenses for a candidate for the office of the President o f the United Republic, a Member o f Parliament and a Councillor; and in the case o f Tanzania Zanzibar, in respect o f a candidate for an office o f the President o f the United Republic and for an office o f a Member o f Parliament. In terp retatio n - 3 Verify source ↗
Section 3
AI-assisted research summary: This section defines key terms used in the Act, including campaign period, candidate, election, political party, voter, and Registrar.
3. In this Act, unless the context requires otherwise- “ campaign period” means the period com m encing immediately immediately after the nomination day up to the day preceding election day; “candidate" means a person who submits him self for election in the Office o f the President, a Member o f Parliament or a Councillor; “contested election” means an election in a ward, constituency in which there are more or Presidential election candidates than are vacancies; C a p. 2 “Constitution” means the Constitution o f the United Republic o f Tanzania, 1977; “Councillor” means a person who is elected in the office o f - (a) (b) (c) (d) to a municipality, a Municipal relation in relation to a district, a District Council; in Council; in relation to a city, a City Council; and in relation to a town, a Town Council; C a ps. 34 3 and 2 92 “election” means the act o f selecting by vote a person from among a number of candidates to fill a vacancy in the Office o f the President, a M em ber o f Parliament the National Elections Act or a conducted under the Local Authority Councillor (Elections) Act and includes the nomination process; conducted under “ election expenses” has the meaning ascribed to it under section 7; “ Minister” means the Minister responsible for political parties; “ monitoring” means information gathering, examination and evaluation o f the electoral process; 4 No. 6 Election Expenses 2010 “ nomination day” means a day appointed for the nomination o f candidates in a contested election for the Office o f the President, the Vice-President, a Member o f Parliament or a Councillor; “ nomination process” means the process by whatever procedure whereby a political party invites persons who wish to be sponsored by any o f such political parties to stand as candidate in the elections; “ political party” means any organized group o f persons formed local for the purpose o f forming a government or a government authority within the United Republic through elections or for putting up or supporting candidates to such elections; . “ polling district” means a ward declared as such under the Local Authority (Elections) Act or an area or division o f a constituency made pursuant to the provisions o f section 5 o f the National Elections Act; “ Presidential election” means the election o f the President o f the United Republic: “ presidential candidate” means a person nominated to contest an election to the Office o f the President o f the United Republic and includes the vice- presidential candidate; “prohibited practices” means any offence mentioned punishable under the provisions o f Part V; in and C ap s. 29 2 a n d 343 C ap. 258 “ Registrar” means the Registrar o f Political Parties appointed under the Political Parties Act; “voter” means a person or delegate who is for the time being qualified to vote during the nomination process and election in accordance with the provisions o f the National Elections Act or the Local Authority (Elections) Act. C ap s. 343 an d 292 PAR T II A d m i n i s t r a t i o n o f E l e c t i o n E x p e n s e s F u n c t i o n s o f the R e g is t ra rReferenced legislation
- National Elections Act (resolved)
- Political Parties Act (review)
- Constitution o f the United Republic o f Tanzania, 1977 (unresolved)
- Local Authority Councillor (Elections) Act (unresolved)
- Local Authority (Elections) Act (unresolved)
- Local Authority (Elections) Act (unresolved)
- National Elections Act (resolved)
- 4 Verify source ↗
The Registrar o f Political Parties shall be responsible
AI-assisted research summary: The Registrar of Political Parties is responsible for supervising and administering election expenses under this Act.
4. The Registrar o f Political Parties shall be responsible for supervision and administration o f election expenses under this Act. Pow ers o f in spectio n - 5 Verify source ↗
(l) For the purposes o f an investigation or examination
AI-assisted research summary: The Registrar, or an authorised representative in writing, may enter relevant premises at a reasonable time for an investigation or examination, and the Registrar must give at least five days’ notice to the political party or candidate concerned.
5 .-(l) For the purposes o f an investigation or examination representative authorized in under this Act, the Registrar or his No. 6 Election Expenses writing may, at any reasonable time enter into any premises in which books, papers and documents o f a political party or candidate relevant to the subject matter o f the investigation or examination are kept. (2) For the purpose o f subsection (1), the Registrar shall serve notice o f not less than five days to a political party or a candidate concerned. P o w e r t o d e m a n d i n f o rm a t i o n - 6 Verify source ↗
(l) The Registrar may request for any information
AI-assisted research summary: The Registrar may ask a political party or candidate for information about election expenses, and they must provide it within the time the Registrar considers reasonable.
6 .-(l) The Registrar may request for any information relating to election expenses o f a political party or a candidate that is reasonably required in respect o f their duties under this Act. Where a request for information is made pursuant to (2) the subsection Registrar by a political party or a candidate within such reasonable time as the Registrar may determine. information shall be (1), such furnished to PART III E l e c t i o n E x p e n s e s M e a n i n g o f e le c tio n e x p e n s e s
Part
part o f the candidate's election expenses.
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(1) Any candidate who receives funds as election
AI-assisted research summary: Candidates who receive election-expense funds must file a verified report with their sponsoring party within 60 days after polling day; the party must then send the report to the Registrar within 180 days after the candidate files it.
18.-(1) Any candidate who receives funds as election expenses shall, within sixty days from the polling day, prepare and submit a verified report to the political party which sponsored that candidate in the election. (2) Every political party which sponsored a candidate shall, within one hundred and eighty days after the submission o f the report by the candidate, transmit to the Registrar the report containing true returns in tire prescribed form in relation to the candidate, a financial statement o f all expenses incurred together with all bills and receipts or some other evidence o f payment. (3) The report shall contain- (a) (b) (c) a financial report o f election expenses; an account o f all funds received by a candidate or any other person on his behalf for the purpose o f election expenses incurred, with a statement o f every payment and sources o f those funds; statement by the candidate verifying the report and stating that no payment not permitted by the Act was made with his knowledge and consent and to his knowledge and belief every expenses incurred are entered in the report o f the political party; and 13 No. 6 Election Expenses 2010 (d) the audit report thereon as required under this Aet. (4) Where the political party fails to file the financial report and the audited report as required by this Act, that political party shall, in addition to payment o f default fine o f shillings three million and the requirement to file financial report at any later time, be disqualified to contest in any election including the next General Elections unless that political party files such financial report and the audited report to the satisfaction o f the Registrar before the next nomination day. (5) Any candidate who, irrespective o f whether has won or lost in the election, fails to prepare a report referred to under subsection (1) commits an offence and shall, on conviction, be liable two million or to fine not exceeding shillings imprisonment for a term not exceeding one year or to both, to a (6) For the purpose o f this section, the Registrar may, on sufficient cause, extend the time for a political party to submit the audited report. O b l i g a t i o n to k e e p r e c o r d s - 19 Verify source ↗
( 1) For the purposes o f financial accountability under
AI-assisted research summary: Certain candidates, political parties, and related organizations must keep election finance records, political parties must file valued donation records and financial statements with the Registrar, and failure to disclose funds can lead to disqualification.
19. - ( 1) For the purposes o f financial accountability under this Act, it shall be the duty o f every candidate, and each political party, Non-Governmental Organization, Faith Based Organization and Community Based Organization which participated in activities referred to in subsection (3) o f section 13 o f this Act to keep records of- (a) (b) (c) (d) (e) received for election expenses indicating funds the amount and the nature o f funds received; to be anticipated names and postal, physical and electronic addresses o f donors: funds sources; funds expended campaigns and election; and funds and election expenses. expended by candidates as nomination received and nomination, election their for 14 No. 6 E!eel ion Expenses 2010 C a p . 258 F ailu re to d i s c lo s e fu n d s (2) The political party shall ensure that - (a) donations consisting o f goods or ser\ ices are valued and recorded in accordance with this Act: and (b) financial statement as required under this Act together with auditors report are IIled with the Registrar. (3) The Registrar shall, for the purposes o f record the keeping under this section, make guidelines prescribing manner in which records shall be prepared and maintained. (4) All records relating to funds used as election expenses shall be audited by the Controller and Auditor-General in accordance with the provisions o f the Political Parties Act. 2 0 .-(1) A political party which, and every candidate who is required under the provisions o f this Act to disclose the amount and sources o f funds intended to be used as election expenses fails to disclose such funds, shall, in the absence o f any reasonable explanation, render itself or himself liable for disqualification from participating in the election. (2) Where after hearing a presentation by a political part) or the candidate concerned, the Registrar is satisfied that such a political party or a candidate is liable for disqualification from participating in the election, the Registrar shall file an objection with the Director o f elections. (3) Upon receipt of an objection filed by the Registrar, issue an order the National Electoral Commission may disqualifying the political parts or the candidate. (4) W ithout prejudice to the preceding provisions o f this section, the Attorney General, a person w ho was a candidate, voter or a political party which sponsored a candidate, m ay file an election petition challenging the nom ination o f a candidate by a political party or election o f a candidate who contravened the requirem ent for disclosure o f funds under this Act. 15 No. 6 Election Expenses 2010 PART V P r o h i b i t e d P r a c t i c e s U n f a i r c o n d u c t sReferenced legislation
- Political Parties Act (review)
Part
PART V
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(1) During the nomination process, election campaign
AI-assisted research summary: During nomination, campaign, or election periods, people must not bribe or try to influence voters, candidates, or election outcomes with money, gifts, jobs, or other valuable consideration.
21.-(1) During the nomination process, election campaign or election, an act o f prohibited practice shall be committed by- la) (b) (c) every person who, before or during the campaign period, directly or indirectly, by any other person on his behalf, gives, lends or agrees to give or-to lend, or offers, promises, or promises to procure or to endeavor to procure, any money or valuable consideration to or for any voter or to or for any person on behalf o f any voter or to or for any other person, in order to induce any voter to vote or to refrain from voting, or corruptly does any such act. on account o f such voter having voted or refrained from voting at any nomination process or election; every person who directly or indirectly, by himself, his agent or by his political party on his behalf, gives or procures or agrees to give or to procure or to endeavor to procure, any office, place or employment, to or for any voter, or to or for any person on behalf o f any voter, or to or for any other person, in order to induce such voter to vote or to refrain from voting, or corruptly does any such act, on account o f such voter having voted or refrained from voting at any election; every person who, before or during the election campaigns period directly or indirectly, by himself, his agent or by his political party on his loan, offer, promise, behalf, makes any gift, procurement, or agreement to or for any person in order to to procure or to endeavor to procure, the nomination o f a person as a Councillor, a candidate by a political party, the election of any person as a M em ber o f Parliament or the President or the vote o f any voter at an\ nomination process or election; induce such person 16 No. 6 Election Expenses 2010 (d) (c) (f) (g) every person who, upon or in eonsequencc o f any such gilt, loan, offer, promise, procurement or agreement, procures or engages, promises or endeavors to procure the nomination o f a person as a candidate by a political party, the return o f any person as a Councillor, a Member of Parliament, the President or the vote o f any voter at nomination process or an election; every person who, for purposes o f promoting or furthering a nomination process or an election campaigh, or during the nomination or campaign, or during the nomination or campaign period, advances or pays, or causes to be paid, any money to or for the use o f any other person, with the intent that such money, or any part o f that money, shall be expended in bribery at any nomination process or election or who knowingly pays, or causes to be paid, any money to any person in discharge or repayment o f any money wholly or in part expended in bribery at any nomination process or election: any money, every voter who, before or during the nomination process or election campaign period directly or indirectly, by himself or by any other person on his behalf, receives, agrees to receive or contracts valuable gift, for consideration, office place or employment for himself or for any other person, for voting or agreeing to vote or for refraining from or agreeing to refrain from voting at any nomination process or election; and loan or every person who, after any nomination or election, directly or indirectly, by him self or by any other person on his behalf, receives any money or valuable consideration on account of any person having voted or refrained from voting, or having induced any other person to vote or 17 No. 6 Election Expenses 2010 refrain from voting at any nomination process or election. (2) Where it is alleged that the act constituting prohibited practice was committed by an agent or any other person on behalf o f the candidate, it shall be a defense for the candidate if he proves that it was committed without his knowledge, consent or approval or that o f his agent. (3) For the purposes o f this section an act or transaction shall not be deemed to constitute prohibited practice if it is proved to have been designed to advance the interests o f community fund raising, self-help, self-reliance or social welfare projects within the constituency and to have been done before the nomination process or election campaign, as the case may be. U n c o n s c i o n a b l e f u n d i n g
Part
part expended
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The following persons shall be deemed to commit
AI-assisted research summary: This section treats certain corrupt election-related giving or accepting of food, drink, entertainment, or provisions as unconscionable funding.
22 . The following persons shall be deemed to commit unconscionable funding within the meaning o f this Act: (a) every person who corruptly, by him self or by any other person, on his behalf, either before, the nomination process or during or after election directly or indirectly gives, or provides, or pays, wholly or in part, the expense o f giving or providing food, drink, entertainment or provisions to or for any person, for the purpose o f influencing that person, or any other person, to vote or from voting at such nomination process or election; and refrain to (b) every person who corruptly accepts or takes any such food, drink, entertainment or provision. C o n v e y a n c e o f v o ters - 23 Verify source ↗
( 1) No payment or contract for payment shall, for the
AI-assisted research summary: The section bans certain payments and transport arrangements made to promote a candidate’s nomination or election, with some exceptions.
23 .- ( 1) No payment or contract for payment shall, for the purpose o f promoting or procuring the nomination or election of a candidate at any nomination process or election, be made- (a) on account o f the conveyance o f voters to or from the poll station, whether for the hiring of vehicle, vessels or animal o f transport o f an\ kind whatsoever, or fares, or otherwise: or railways for 18 No. 6 Election Expenses 2010 (b) lo or with a voter on account for the use o f any house, the land, building, or premises exhibition o f any address, bill, account o f the exhibition o f any address, bill or notice. for (2) Subject to such exception as may be allowed in pursuance o f this Act. if any payment is made in contravention o f this section either before, during, or after an election, the person making such payment or contract shall commit an act of prohibited practice, and any person receiving such payment or being a parts in contravention o f this section commits an act o f prohibited practice. to any such contract, knowing to be it (3) A person commits an act o f prohibited practice who let, lend or employ for the purpose o f conveyance o f voters to and from the polling station any vehicle, vessel or animal o f transport o f any kind which he keeps or uses for the purpose o f letting out for hire, and if he lets, lends or employs such vehicle, vessel or animal o f transport knowing that it is intended to be used for the conveyance o f voters to and from the polling station. (4) A person who hires, borrows, or uses for the purpose o f conveyance o f voters to and from the polling station any vehicle, vessel or animal transport o f any kind which knowingly that the owner thereof is prohibited by subsection (3) to let. lend, or employ for that purpose commits an act o f prohibited practice. (5) Nothing in subsection (3) or (4) shall prevent a vehicle, vessel or animal o f transport o f any kind being let to, or hired, employed, or used by a voter or several voters at their joint cost for the purpose o f being conveyed to or from the polling station. (6) Notwithstanding anything in the preceding provisions o f this section al) where it is the ordinary business o f a voter as an advertising agent to exhibit for payment bills and advertisement, a payment to or contract with such voter, if made in the ordinary course o f business. 19 No. 6 Election Expenses 2010 (b) shall not be deemed to he a prohibited practice within the meaning o f this section; and where voters are unable at an election to reach their polling station from their place o f residence without crossing the sea, a branch or its arm or river, means may be provided for conveying such voters equally to their polling station or to enable them their polling in order to reach station. to cross (7) For the purpose o f paragraph (b) o f subsection (6), it shall be the responsibility o f the Government to ensure the means o f conveyance is always made available equally to all such voters who wish to avail themselves to their polling station. D is q u a lif ic a tio n o f c a n d i d a t e s - 24 Verify source ↗
(l) Every political party shall undertake and complete
AI-assisted research summary: Political parties and candidates can face disqualification if a prohibited practice is committed, but candidates are not liable for party misconduct done without their consent or connivance.
24.-(l) Every political party shall undertake and complete the twenty one days before the nomination process within nomination day. (2) Any candidate who, by himself, his agent or by his political party which commits an act amounting to a prohibited practice as stipulated in this Part shall himself or itself liable for disqualification from participation in the nomination process or election. (3) For the purpose o f sub-section (2), a candidate shall not be liable for prohibited practices committed by a political party without consent or connivance o f the candidate, whether expressly or impliedly. (4) Where the Registrar is satisfied that the candidate who, by himself, his agent or his political party has committed a prohibited practice for which that candidate or political party is liable for disqualification from participation in the nomination process, he shall, in the case o f - (a) a candidate, notify the political party concerned to nominate another candidate in place o f the candidate; and (c) a political party, notify the political part> concerned that it may be barred from sponsoring 20 No. 6 Elect ion Expenses 2010 candidate a Presidential election. in a ward, constituency or (5) Where, during the nomination process, a political party whose candidate is liable for disqualification has failed to nominate another candidate in lieu o f the candidate w ho is liable for disqualification, inform Director o f the Registrar shall Election that the political party concerned which sponsored that candidate in a contested election in a relevant ward, constituency or Presidential election may be disqualified. (6) A person who has been nominated by virtue o f the operation o f subsection (4) shall be subjected to all procedures relating to nomination o f candidates as stipulated under the National Elections Act or the Local Authority (Elections) Act. (7) Where a candidate, or Ins agent or his political party commits an act which amounts to a prohibited practice in respect o f w hich no action w as taken, the Attorney General may institute criminal proceedings or an election petition against that candidate. (8) Without prejudice to the provisions o f subsection (7), a person who commits an act o f prohibited practice shall, irrespective o f whether that person has won or lost in the election, the provisions of be proceeded against in accordance with Chapters VII and VIII o f the National Elections Act. the Local Authority (Elections) Act or the Prevention and Combating o f Corruption Act.Referenced legislation
- National Elections Act (resolved)
- Local Authority (Elections) Act (unresolved)
- National Elections Act (resolved)
- Prevention and Combating o f Corruption Act (unresolved)
- Local Authority (Elections) Act (unresolved)
- 25 Verify source ↗
The Prohibition o f prohibited practices stipulated in
AI-assisted research summary: The prohibition on prohibited practices applies in the same way to a person who, by pronouncement or conduct, has to participate in the nomination process.
25. The Prohibition o f prohibited practices stipulated in this Part shall extend and have the same effect to a person who, by pronouncement or conduct, has to participate in the nomination process. shown an intention C a p s 313 an d 292 P ro h ib itio n o f - ro h i b i t e d ■ ra d i c e s p r io r n o m i n a t i o n ■■ 'c e ss PART VI O n i nc i s a n d P i :n a i.h i :s scneral .j :ic e s and “c n a h i e s
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The Election Expenses Act, 2010
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