Tanzania Act or statute

Parliament of Tanzania

The National Elections Act

This section gives the Act its short title, says certain election provisions must be read with the Constitution, and states that the Act applies to Mainland Tanzania and Tanzania Zanzibar. This se…

Anti-corruptionappealsappeals processappointmentsballot handlingballot paper handlingballot paper requirementsballot rejectionboard meetingsbroadcast accessby-electionscampaign administrationcampaign conductcampaign materialscandidate eligibilitycandidate nominationcandidate nomination depositscandidate noticecandidate qualificationcandidate withdrawalcandidaturecandidature withdrawalcertificationchapter headingcommission compositioncomplaints handlingcomplianceconstituency administrationcorrupt practicescounting procedurecourt procedurecourt time limitsdeclarationsdispute resolutiondocument destructiondocument retentiondocumentselection administrationelection complianceelection conductelection coordinationelection depositselection dispute resolutionelection disputeselection objectionselection offenceselection operationselection petition scrutinyelection petitionselection publicationselection registration offenceselection reportingelectionselections administrationelectoral administrationelectoral complianceelectoral offenceselectoral registerelectoral registration procedureeligibilityexemptionsformsgovernancegovernment expenditureidentity documentslitigation costslitigation procedureloss recoverynominationnomination procedurenoticesoathsobjectionsoffencesoffences and penaltiespenaltiespetition deadlinespolitical candidacypolitical party compliancepollingpolling administrationpolling districtspolling noticepolling place accesspolling procedurepolling procedurespolling schedulepolling station accesspolling station administrationpolling station conductpolling station procedurespresidential electionprinting and distribution requirementsprosecution consentpublic administrationpublic inquirypublic lawpublic mediapublic meetingspublic officer dutiespublic officerspublic sector compliancepublishing statementsquorumrecount procedureregister replacementregistrationregistration administrationregistration agentsregistration complianceregulationsregulatory continuityremunerationrepealresult declarationservice of noticestaff compensationsubsidiary legislationTax lawvote countingvote secrecyvoter admissionvoter card handlingvoter objectionsvoter registervoter register administrationvoter registersvoter registrationvoter verificationvotingvoting eligibilityvoting operationsvoting procedurevoting procedures

Jurisdiction: Tanzania
Structure: 159 provisions
Citation: The National Elections Act
Dates: Undated source snapshot

More statute details

Dates: Undated source snapshot

Publicly available, excluded from search-engine indexing

This page remains available for direct research for the following reasons:

The record does not meet this release's canonical indexing criteria. (market-indexing-disabled)
The record does not meet this release's canonical indexing criteria. (emergency-noindex)

On this page

Professional statute overview

Enactment structure, operative effect and source provenance

Official source

Purpose and legislative effect

“This section gives the Act its short title, says certain election provisions must be read with the Constitution, and states that the Act applies to Mainland Tanzania and Tanzania Zanzibar.”

This section gives the Act its short title, says certain election provisions must be read with the Constitution, and states that the Act applies to Mainland Tanzania and Tanzania Zanzibar. This section defines key terms used in the Act, including campaign period, candidate, Commission, election day, and voter. Commission-made regulations, directives, and notices count as valid if they are signed by the Chairman of the Commission or the Director of Elections. The section sets out who makes up the Commission and who leads it. The Chairman, Vice Chairman, or a temporary chairman presiding at a Commission meeting has a vote, and if votes are equal, also has a casting vote.

How the instrument operates

01
Start with the recorded version

Undated source snapshot. The date shown identifies this source expression and should not be treated as proof that no later change exists.
02
Locate the controlling provision

Use the provision map, part headings and full-text filter to move from the broad subject to the exact legal language.
03
Read conditions and exceptions together

Keep subsections, definitions, provisos and cross-references in context before drawing a legal conclusion.
04
Verify currency and official wording

Confirm later legislation, commencement notices and corrections with the official publisher before advice, filing or reliance.

Research entry points

Selected provisions across the instrument. Open any row to continue with the exact stored text.

Short title

This section gives the Act its short title, says certain election provisions must be read with the Constitution, and states that the Act applies to Mainland Tanzania and Tanzania Zanzibar.

Section 1

Sole Presidential Candidate

If there is only one validly nominated Presidential candidate, the Commission must declare that person the sole candidate. If that candidate later fails to get more than 50% of the votes cast, the Commission must set another nomination day.

Section 41

Admission to polling station

Only voters assigned to the correct polling station may vote there, and access to polling stations is tightly limited to listed officials and other authorised persons.

Section 80

Maintenance of secrecy at elections

People involved at polling stations or vote counting must keep voting secret and not disclose voter or ballot information; violations are offences punishable by a fine or imprisonment.

Section 120

Omitted

This section is omitted.

Section 159

Source and current-law status

Source record view

Source record from oagmis.oag.go.tz · Undated source snapshot

Verify current force

The source record does not state a definitive current-law status. Check the official publisher and later amendments before relying on this text.

For advice, pleadings, or compliance decisions, retain the official source and confirm the current consolidated provision.

Official record

Source-indexed provision map

Sections and provisions

Search by section, heading, part or exact legal wording. Every result remains linked to the stored source record.

Search within this statute

Search all stored provisions in this version.

Showing 159 of 159 provisions

Provision 78Repeal 31Offence 27Commencement 11

§ 1Short titleShort title

This section gives the Act its short title, says certain election provisions must be read with the Constitution, and states that the Act applies to Mainland Tanzania and Tanzania Zanzibar.

1.–(1) This Act may be cited as the National Elections Act. (2) The provisions of this Act which relate to Presidential and Parliamentary elections shall be read as one with the Constitution. (3) This Act, shall apply to Mainland Tanzania as well as to Tanzania Zanzibar. Interpretation Acts Nos. 6 of 1992 s. 2 21 of 1992 s. 2 4 of 2000 Sch. 13 of 2004 s. 4 7 of 2010 s. 3

Section 1Verify source

§ 23. Regulations, directives and noticesSubstitution

This section defines key terms used in the Act, including campaign period, candidate, Commission, election day, and voter.

2.–(1) In this Act, unless the context requires otherwise- “campaign period” means the whole period commencing immediately after the nomination day up to the day immediately preceding the election day; “candidate” means a person who submits himself for election to the National Assembly; “Chairman” means the Chairman appointed under section 4 and includes the Vice Chairman or any person for the time being discharging the functions of the Chairman; “close of poll” means the latest close of poll in a polling station in relation to an election; 230 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] “Commission” means the Electoral Commission of the United Republic established by the Constitution; “constituency” means a constituency for purposes of election to the National Assembly; Cap. 2 “Constitution” means the Constitution of the United Republic of Tanzania, 1977; “contested election” means an election in a constituency or a Presidential election where there are more candidates than are vacancies; “counting agent” means a person appointed as a counting agent under the provisions of section 87; “Director of Elections” means the person appointed to be the Director of Elections in accordance with the provisions of section 9 and includes a person for the time being performing any of the functions of that office; “election” means- (a) in the case of an election of the President, the Presidential election; (b) in the case of an election to the National Assembly, a Parliamentary election, and includes a by-election; “election day” in relation to an election in any constituency means the day appointed under section 62 or any day substituted for that day in accordance with a proviso to that subsection and in the case of Parliamentary election of unopposed candidate, the day on which a candidate is declared elected under section 60; “Member of Parliament” means, in relation to the National Assembly, a constituency member and includes a Member of Parliament for women special seats; “nomination” means nomination as a candidate for election to the National Assembly and includes declaration of a member of Parliament for women special seats; “nomination day” means a day appointed for the nomination of candidates; “observer” means local or international observer; 231 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] “Parliamentary election” means the election of a member to the National Assembly; “political party” means a political party registered as such Cap. 258 under the Political Parties Act; “polling agent” means a person appointed under the provisions of section 74; “polling assistant” means a person appointed to be a polling assistant under the provisions of section 73(b); “polling district” means an area or division of a constituency made pursuant to the provisions of section 8; “Presidential candidate” means a person nominated to contest election for the office of the President; “Presidential election” means the election of the President of the United Republic; “presiding officer” means a person appointed to be a presiding officer under the provisions of section 73 (c); “Provisional Voters’ Register” means a Register established under section 16; “qualified” or “qualification” means- (a) when used in relation to a person claiming to be entitled to be registered as a voter, qualified to be or qualification as a voter; or (b) when used in relation to a person claiming to be qualified as a candidate for a Parliamentary election, qualified to be or qualification as a candidate for election to the National Assembly, for the constituency in question; “Register” means a Register of voters compiled and maintained in accordance with the provisions of section 17; “Registration Officer” means a Registration Officer appointed under section 11 and includes an Assistant Registration Officer; “Returning Officer” means a Returning Officer appointed under section 10 and includes in relation to a constituency the Returning Officer appointed for that constituency; 232 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] “voter” means any person who is for the time being qualified to vote at an election in accordance with the provisions of this Act; “voters card” means card issued under the provisions of this Act verifying that the person named in such card has been registered as a voter; “voters education” means dissemination of information relating to the electoral processes and procedures. (2) References in this Act or in any other written law to a registered voter’s number shall be construed as references to the number of such voter’s card. (3) References in this Act to an election in a constituency shall be construed as references to a Parliamentary election in that constituency and references to a candidate to a constituency shall be construed as reference to a candidate for Parliamentary election in that constituency.

Section 2Verify source

§ 3Regulations, directives and noticesProvision

Commission-made regulations, directives, and notices count as valid if they are signed by the Chairman of the Commission or the Director of Elections.

3. All regulations, directives and notices which the Commission is empowered to make, issue or give, shall be deemed to have been validly made, issued or given if they are made, issued or given under the signature of the Chairman of the Commission or the Director of Elections.

Section 3Verify source

§ 4Composition of CommissionProvision

The section sets out who makes up the Commission and who leads it.

4.–(1) The Commission shall, subject to the Constitution and to this Act, consist of the following members: (a) a Chairman who shall be a Judge of the High Court or of the Court of Appeal of Tanzania; (b) a Vice chairman who is a judge of or a person qualified to be appointed a judge of the High Court or the Court of Appeal of Tanzania; (c) a member appointed from amongst the members of the Tanganyika Law Society; and (d) four other members who are persons possessing either adequate experience in the conduct or supervision of Parliamentary elections or such other qualifications as the President considers necessary for, or pre-requisite 233 Regulations, directives and notices Composition of Commission Acts Nos. 6 of 1992 s.4 4 of 2000 Sch. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] to, the effective discharge of the functions of the Commission. (2) The Commission shall be responsible for overall supervision of the general conduct of all Parliamentary and Presidential elections in the United Republic. (3) Subject to the provisions of this Act, the Chairman shall preside at all meetings of the Commission and in his absence, the Vice-Chairman shall preside, or if he too is absent, the members present may elect one of the members to act as the Chairman. (4) The Director of Elections shall be the Secretary to the Commission and he shall be the Chief Executive of the Commission. Decision of Commission Act No. 4 of 2000 Sch.

Section 4Verify source

§ 5Decision of CommissionProvision

The Chairman, Vice Chairman, or a temporary chairman presiding at a Commission meeting has a vote, and if votes are equal, also has a casting vote.

5. The Chairman, a Vice Chairman or a temporary chairman presiding at any meeting of the Commission shall have a vote and, in the event of an equality of votes, shall have a casting vote in addition to his deliberative vote. [s. 4A] Quorum Act No. 4 of 2000 Sch.

Section 5Verify source

§ 6QuorumProvision

A meeting of the Commission needs four members to form a quorum, including the Chairman or, if unavailable, the Vice-Chairman or temporary Chairman.

6. The quorum at any meeting of the Commission shall be four members including the Chairman, or in his absence the Vice- Chairman or the temporary Chairman, as the case may be. [s. 4B] Voters’ education Act No. 13 of 2004 s. 6

Section 6Verify source

§ 7Voters’ educationProvision

The Commission must provide voters’ education throughout the United Republic and oversee the people who conduct it.

7. The Commission shall be responsible for providing voters’ education throughout the United Republic and shall co- ordinate and supervise persons who conduct such education. [s. 4C] Polling districts

Section 7Verify source

§ 8Polling districtsProvision

The Commission must divide every constituency into polling districts and publish a notice in the Gazette. It may also change polling districts when constituency boundaries change or when it considers it appropriate.

8.–(1) The Commission shall divide every constituency into polling districts and shall publish in the Gazette, a notice specifying such polling districts. (2) Where the boundaries of any constituency are varied pursuant to Article 74(6) (c) of the Constitution or under any other circumstances in which the Commission thinks 234 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] appropriate, the Commission may alter the number and area of polling districts within the constituency and upon such alteration, the Commission shall publish in the Gazette a notice specifying that alteration. (3) Where as a consequence of establishment of a constituency, or variation in the boundaries of a constituency, an area which constituted a polling district in one constituency lies wholly within another constituency, the Commission may declare that such area shall cease to be a polling district within the first mentioned constituency and shall constitute a polling district in the constituency in which the area lies. [s. 5]

Section 8Verify source

§ 9Director of ElectionsProvision

The President appoints a Director of Elections, and election officials must follow the Director’s directions.

9.–(1) There shall be a Director of Elections who shall be appointed by the President from amongst public servants of the United Republic recommended by the Commission. (2) The Director of Elections shall exercise and perform all such functions and duties as are conferred upon him by this Act or on the directions of the Commission. (3) Every Registration Officer, Returning Officer or other person concerned with the conduct of elections under this Act, shall carry out fully all the directions and instructions issued by the Director of Elections pursuant to the provisions of this Act. [s. 6] Director of Elections Acts Nos. 13 of 1990 s. 4 6 of 1992 s. 7 Appointment of Returning Officers and other staff Acts Nos. 8 of 1995 s. 2 4 of 2000 Sch. 13 of 2004 s. 7 7 of 2010 s. 4

Section 9Verify source

§ 10Appointment of Returning Officers and other staffProvision

This section assigns Returning Officer roles for constituency elections, lets the Commission appoint Returning Officers and Assistant Returning Officers, lets a Returning Officer appoint necessary staff, and requires Returning Officers and Assistant Returning Officers to take a secrecy oath before a magistrate.

10.–(1) For purposes of an election held under this Act, every City Director, Municipal Director, Town Director, and District Executive Director shall be a Returning Officer for the purposes of conducting an election in a constituency and such Returning Officer may be for more than one constituency. (2) Notwithstanding subsection (1), the Commission may appoint by office or name, from amongst public officers, such number of Returning Officers or Assistant Returning Officers for the purpose of conducting an election in a constituency. 235 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] (3) Notwithstanding the provisions of subsections (1) and (2) the Commission may, where circumstances so require and by notice published in the Gazette, appoint any person holding a public office by name or by office to be a Returning Officer or an Assistant Returning Officer in any constituency instead of the one referred to in subsections (1) and (2), and where such person is so appointed the City Director, Municipal Director, Town Director, District Executive Director or an official, as the case may be, shall cease to be a Returning Officer or an Assistant Returning Officer of that constituency in such election. (4) The Returning Officer may, subject to section 73 and to the direction of the Director of Elections, appoint such staff as may be necessary for the purposes of conducting an election in the constituency. (5) Every Returning Officer and Assistant Returning Officer shall, before embarking on the functions of that office, take and subscribe to an oath of secrecy in the prescribed form before a magistrate. [s. 7]

Section 10Verify source

§ 11Registration OfficersProvision

Some local officials automatically serve as registration officers, while the Commission can appoint others and a registration officer can appoint needed staff. Registration and assistant registration officers must swear an oath of secrecy before a magistrate.

11.–(1) For the purpose of registration of voters under this Act, every City Director, Municipal Director, Town Director and District Executive Director shall be a Registration Officer for purposes of registration of voters in a constituency and such Registration Officer may be for one or more than one constituency. (2) Notwithstanding subsection (1), the Commission may appoint by office or name, from amongst public officers, such number of Regional Registration Coordinators or Assistant Registration Officers for the purposes of registering voters as it may consider fit. (3) Notwithstanding provisions of subsection (1), the Commission may, where circumstances so require, by notice published in the Gazette appoint any person holding a public office by name or by office to be a Registration Officer in any 236 Registration Officers Acts Nos. 13 of 2004 s. 8 7 of 2010 s. 5 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] constituency instead of the one referred to in subsection (1) and where such person is so appointed the City Director, Municipal Director, Town Director, or District Executive Director shall cease to be a Registration Officer in the respective constituency. (4) The Registration Officer may, subject to the directions of the Director of Elections, appoint such staff as may be necessary for the purpose of conducting registration of voters in the constituency. (5) Every Registration Officer and Assistant Registration Officer shall, before embarking on the functions of that office take and subscribe to an oath of secrecy in the prescribed form before a magistrate. (6) The Registration Officer shall be responsible for all matters relating to the registration of voters within the area of his jurisdiction. [s. 7A]

Section 11Verify source

§ 12Appointment of Regional Election Coordinators and duties of public officersRepeal

The Commission may appoint a Regional Election Coordinator during an election, and public officers must help or carry out requested duties for election purposes when asked by specified election officials.

12.–(1) The Commission may, during an election, appoint by office or by name in respect of every region, a Regional Election Coordinator to coordinate information, the availability of material, resources and other matters necessary for the efficient conduct of elections in constituencies within the Region. (2) Every person holding a public office shall, upon request by the Commission, the Director of Elections, the Returning Officer, Assistant Returning Officer or the Regional Election Coordinator, provide such assistance or perform such other duty as shall be so requested for purposes of facilitating the conduct of election. Appointment of Regional Election Coordinators and duties of pubic officers Acts Nos. 13 of 1990 s. 6 6 of 1992 s. 8 8 of 1995 s. 3 Repealed

Section 12Verify source

§ 13RepealedRepeal

This section is marked repealed.

13. [Repealed by Act No.6 of 1992 s. 9.] [s. 8] [s. 9] 237 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] CHAPTER II REGISTRATION OF VOTERS Qualification for registration Acts Nos. 8 of 1995 s. 4 13 of 2004 s. 9 PART I QUALIFICATIONS AND DISQUALIFICATIONS FOR REGISTERING AS VOTERS AND VOTING

Section 13Verify source

Part

PART I

§ 14Qualification for registrationProvision

Some people may be registered as voters only if they meet the age and disqualification rules.

14.–(1) A person, other than a citizen of Tanzania who has attained the age of eighteen years and who is not disqualified by this Act or by any other written law, shall not be entitled to be registered as a voter under and in accordance with the provisions of this Act. (2) Notwithstanding the provisions of subsection (1), and subject to the proof of age, any Tanzanian not disqualified by this Act or any other written law, who on or before the date of election shall attain the age of eighteen years, shall be entitled to be registered as a voter under this Act. [s. 10] Disqualification from registration

Section 14Verify source

§ 15Disqualification from registrationSubstitution

A person cannot be registered as a voter if they fall within listed disqualifying conditions, and a registered voter who later loses qualification must be removed from the Register subject to stated limits.

15.–(1) A person shall not be qualified for registration or be registered as a voter under this Act if he is - (a) under a declaration of allegiance to some country other than Tanzania; (b) under any law in force in Tanzania, he is adjudged or otherwise declared to be of unsound mind or is detained as a criminal lunatic or is detained during the pleasure of the President; (c) under sentence of death imposed by any court in Tanzania or is under a sentence of imprisonment exceeding six months imposed by a court or as substituted by competent authority for some other sentence imposed by such a court; or (d) disqualified from registering as a voter under the provisions of this Act or any other law in force relating to offences connected with any election. 238 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] (2) For purposes of subsection (1)(c)- (a) two or more sentences that are required to be served consecutively shall be regarded as separate sentences if none of them exceeds six months, but if any one of them exceeds six months, they shall be regarded as one sentence; and (b) account shall not be taken of a sentence of imprisonment imposed as an alternative to, or in default of, the payment of a fine. (3) Where any person registered under this Act ceases to be qualified for registration as a voter, his name shall be deleted from the Register: Provided that, a name shall not be deleted from a Register, except in accordance with the provisions of Parts III and IV of this Chapter or on a report of a court that such person has been guilty of a practice which disqualified that person from registering, or voting. (4) A person shall not be registered as a voter in more than one constituency or in more than one polling district in a constituency. [s. 11]

Section 15Verify source

§ 16Provisional Voters’ RegisterAmendment

The Commission must establish a Provisional Voters’ Register to help prepare the Permanent National Voters’ Register.

16.–(1) The Commission shall, for the purpose of preparation of a Permanent National Voters’ Register, establish a Provisional Voters’ Register. (2) The Provisional Voters’ Register shall be used for- (a) displaying for inspection by the public; (b) amendment regarding change of residence or any other particulars of the voter; (c) making objection against registration of any voter; (d) inclusion or deletion of the name of the voter in the Register; and (e) effecting any other correction or amendment as may be required under this Act. [s. 11A] 239 Provisional Voters’ Register Act No. 13 of 2004 s.10 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Register of Voters Acts Nos. 4 of 2000 Sch. 13 of 2004 s..11 and 12 Registration of voters in Tanzania Zanzibar Acts Nos. 8 of 1995 s.4A 13 of 2004 s.13

Section 16Verify source

§ 17Register of VotersProvision

This section establishes a Permanent National Voters’ Register and assigns the Commission and Director of Elections responsibilities for it.

17.–(1) Subject to this section, there shall, for purposes of this Act, be a Permanent National Voters’ Register for the United Republic, which shall be in such parts, chapters or other divisions as the Commission shall determine. (2) The Director of Elections shall keep, maintain and update the Register established under subsection (1). (3) Every Register of voters shall consist of names of all persons who are registered as voters in a polling district. (4) The Register shall show relative to every registered voter, the number of the voter’s card issued to such voter, the sex of the voter and address at which the voter ordinarily resides and such other particulars as the Commission may direct. (5) The Commission shall be a custodian of the register established under subsection (1). (6) The Commission shall make regulations prescribing anything which is to be prescribed or directing any other matter to be done by any person for the purposes of giving full effect to the provisions of this section and of establishing, keeping and maintaining the Permanent National Voters Register. (7) The Director of Elections may, by regulations, give directions to the Registration Officer or Assistant Registration Officer on matters relating to registration of voters, contents of a Voter’s Register or any other related matters. [s. 12]

Section 17Verify source

§ 18Registration of voters in Tanzania ZanzibarProvision

The Commission must register a person in Tanzania Zanzibar if that person is only entitled to be registered as a voter for the President of the United Republic.

18.–(1) Notwithstanding the provisions of section 17, for purposes of the conduct of Parliamentary and Presidential elections in Tanzania Zanzibar, the law relating to the registration of voters and to the Register of voters for elections to the House of Representatives of Zanzibar shall mutatis mutandis be the law for the registration of voters and the Register of voters in Tanzania Zanzibar for the purpose of this Act. (2) The Commission shall register any person in Tanzania Zanzibar who is only entitled to be registered as a voter for election of the President of the United Republic. [s. 12A] 240 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Place of, and disqualification from voting Act No. 13 of 2004 s. 12

Section 18Verify source

§ 19Place of, and disqualification from votingProvision

Registered voters may vote in their polling district and assigned polling station, but polling staff must verify identity before allowing voting.

19.–(1) Subject to the provisions of this Act, a person who is registered as a voter in any polling district shall be entitled to vote in any election in that polling district and every such person shall be entitled to vote at the polling station allocated to him in such a polling district. (2) Notwithstanding the provisions of subsection (1), a presiding officer or polling assistant at any polling station shall not permit any person to vote at that polling station unless such person satisfies the presiding officer or as the case may be, a polling assistant, that he is the voter he claims to be by producing the voters card issued to such person or such other proof of identity as the Director of Elections may for the time being direct to be sufficient proof of identity of the person claiming to be entitled to vote. (3) A person registered as a voter under this Act shall not be entitled to vote in any election if any circumstance arise in relation to that person which, if he were not so registered, would cause that person to be disqualified for registration under this Act. (4) Notwithstanding any other provisions of this Act, the Director of Elections or any person authorised in that behalf by the Director of Elections may, by a certificate under his hand, authorise a registered voter who is a candidate at an election in a constituency, to vote at the election in that constituency at the polling station specified in such certificate, whether or not such candidate is registered as a voter in that polling district. (5) Notwithstanding any other provisions of this Act, where a voter registered as such in any polling district is employed as a Registration Officer, presiding officer, police officer or in any other official capacity at a polling station in such polling district other than at the polling station allocated to that voter, the Director of Elections or any person authorised in that behalf by the Director of Elections may, by a certificate under his hand, authorise the voter to vote at any other polling station in such polling district, and that polling station shall, for the purpose of this Act, be deemed to be the polling station allocated to such voter. 241 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Change of name Time for Registration Acts Nos. 13 of 2004 s..5, 14 7 of 2010 s. 6 (6) A person who is serving a sentence of imprisonment may, subject to the provisions of this Act, be registered as a voter, or vote at an election only if permitted to do so by the written law governing that person’s imprisonment: Provided that, this subsection shall not be construed as authorising any such person to vote at any polling station other than the polling station allocated to him. [s. 13]

Section 19Verify source

§ 20Change of nameProvision

A registered voter whose name has changed may vote under the registered name if not disqualified under section 19.

20. A person registered as a voter whose name has been changed consequent upon marriage or for any other reason since being registered shall, if not disqualified from voting under section 19, be entitled to vote under the name in which he is registered. [s. 14] PART II REGISTRATION

Section 20Verify source

§ 37Presidential and Vice-Presidential NominationProvision

Registered political parties that want to take part in a Presidential election must submit the names of a Presidential candidate and a Vice-Presidential candidate to the Commission.

37. Whenever a Presidential election is to be held, each registered political party intending to participate in the Presidential election shall submit to the Commission, the name of a Presidential candidate and the name of the candidate for the office of the Vice-President of that political party. [s. 30] 1 Act No.21 of 1992. 2 Act No. 32 of 1994 Sch. 254 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Number of nominators Act No. 21 of 1992 s. 2

Section 37Verify source

§ 38Number of nominatorsProvision

A person can be validly nominated as a Presidential candidate only if the nomination is in writing and supported by at least 200 registered-voter nominators from at least 10 regions, including at least 2 regions in Tanzania Zanzibar.

38. In order to be validly nominated to stand as a Presidential candidate, a person must be nominated in writing, by not less than two hundred nominators who are registered voters for the purpose of elections under this Act from each of at least ten regions of the United Republic, out of which at least two regions are in Tanzania Zanzibar. [s. 31] Particulars of nomination Acts Nos. 21 of 1992 s. 2 32 of 1994 Sch. 13 of 2004 s. 12

Section 38Verify source

§ 39Particulars of nominationProvision

A Presidential candidate must file the required nomination particulars by 4:00 on nomination day, in the form, place, and number of copies the Commission directs.

39.–(1) Every Presidential candidate shall deliver in such manner and at such place as the Commission may direct, not later than four o’clock on the nomination day, in such number of copies as the Commission may direct and which shall contain the following particulars: Deposits Act No. 21 of 1992 s. 2 (a) the name and address of the candidate for the office of President and of the Vice-President who shall be the running mate; (b) the names and addresses of the nominators; and (c) the numbers of the voter’s cards of the nominators. (2) A person shall not be a nominator for more than one Presidential candidate. (3) For purposes of this Part, “nomination day” means the day declared by the Commission as the last day for receiving names of aspiring Presidential candidates. [s. 32]

Section 39Verify source

§ 40DepositsProvision

Presidential candidates must pay a deposit to the Commission when submitting nomination forms; the deposit is forfeited in certain cases and otherwise refunded.

40.–(1) Every Presidential candidate shall, at the time of delivering nomination form pursuant to other provisions of this Part, deposit with the office of the Commission, such sum of money as may be prescribed by the Commission. (2) The deposit shall be forfeited to the Government if- (a) the Presidential candidate withdraws his candidature after nomination day; or (b) the number of votes counted in his favour at the election is less than one-tenth of the total number of valid votes cast, except that such deposit shall not be forfeited if the candidate dies before the election. 255 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] (3) Where the deposit is not forfeited under the provisions of subsection (2), it shall, as soon as practicable after the declaration of the results of the election, be refunded to the Presidential candidate or paid to his personal legal representative, as the case may be, by the Commission. [s. 33] Sole Presidential Candidate Act No. 21 of 1992 s. 2

Section 40Verify source

§ 41Sole Presidential CandidateProvision

41.–(1) Where there is only one validly nominated Presidential candidate, the Commission shall declare such person as the sole Presidential candidate. (2) The Presidential candidate declared under subsection (1) shall be duly elected to the office of the President if he obtains more than fifty percent of the total votes cast. (3) Where the sole Presidential candidate has failed to secure the required percentage of votes, the Commission shall declare another nomination day for the purpose of Presidential election. [s. 34] Withdrawal of Candidature

Section 41Verify source

§ 42Withdrawal of CandidatureProvision

A Presidential candidate may withdraw candidature by giving a signed written notice to the Commission by 4:00 on nomination day.

42. A Presidential candidate may withdraw his candidature by notice in writing signed and delivered by that candidate to the Commission not later than four o’clock on the nomination day. [s. 35] Death or lack of candidates Acts Nos. 21 of 1992 s. 2 32 of 1994 Sch. 7 of 2010 s. 9

Section 42Verify source

§ 43Death or lack of candidatesCommencement

If there is no validly nominated candidate after 4:00 p.m. on nomination day, or a Presidential or Vice-Presidential candidate dies before the election is determined, the Commission must publish a notice in the Gazette and set a further nomination day.

43.–(1) Where- (a) after four o’clock on the nomination day there is no validly nominated candidate; or (b) at any time after four o’clock on nomination day and before the determination of an election, any Presidential or Vice-Presidential candidate dies, the Commission shall immediately, by notice in the Gazette, appoint a further nomination day being, in the case of death, a day not later than fourteen days from the date of death, a day to give time to the political party concerned to nominate a new Presidential or Vice-Presidential candidate, as the case may be. 256 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Presidential election day Act No. 21 of 1992 s. 2 (2) Where a further nomination day is appointed under this section, the Commission shall appoint another Presidential election day and the appropriate procedures shall be commenced afresh, except that a new nomination shall not be required in the case of the other Presidential candidates, if there are any. [s. 35A] PART II ELECTION PROCEDURE

Section 43Verify source

§ 51Qualification of candidates for Parliamentary ElectionsProvision

A person may not become a Parliamentary election candidate or be elected as a Member of Parliament unless qualified under Article 67 of the Constitution.

51. A person shall not quality to be a candidate for Parliamentary election or elected to be as a Member of Parliament unless he is qualified to be so elected by and in accordance with the provisions of Article 67 of the Constitution. [s. 36] 260 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] PART II NOMINATION OF CANDIDATES3 Nomination day Acts Nos. 6 of 1992 s.. 11, 12 10 of 2001 Sch. 8 of 2006 Sch. 7 of 2010 s. 10

Section 51Verify source

§ 72Polling days and timesProvision

In a contested election, polling must take place in each polling district on the appointed polling day under the rules in this Part.

72. In a contested election, polling shall take place in each polling districts in the manner prescribed in this Part on the day appointed for polling in that polling district pursuant to the provisions of section 63. [s. 55] Arrangements for contested elections Acts Nos. 6 of 1992 s. 58 13 of 2004 s. 29

Section 72Verify source

§ 73Arrangements for contested electionsProvision

The Returning Officer must set up and equip polling stations, appoint polling assistants and presiding officers, display candidate notices and voting instructions, and supply ballot materials and voter registers.

73. The Returning Officer shall- (a) provide a sufficient number of polling stations in each polling district in accordance with terms of any notice given under the provisions of section 63; (b) appoint in respect of each polling district such persons, to be known as polling assistants, as he may think fit to assist presiding officer during the voting in the election; (c) appoint from among such polling assistants a person to be in charge of the polling station to be known as the presiding officer; (d) furnish each polling station with such number of polling booths as in the opinion of the Returning Officer, may be necessary, in which the voters, screened from observation, can record their votes; (e) place or cause to be placed outside each polling station in a conspicuous place, a notice showing the names in alphabetical order of surnames, or in such other order as the Commission may direct, the full name of a candidate, a recent passport size photograph taken 4 Act No. 7 of 2010 s. 16 273 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] within three months and acronym or logo of the political party sponsoring the candidate; (f) provide both within and outside each polling station, notices containing instructions relating to the voting procedure to be followed; (g) provide each presiding officer with such number of ballot boxes and ballot papers as in the opinion of the Returning Officer may be necessary; (h) provide each polling station with writing materials and instruments with which the voters can mark the ballot papers and for making official marks; (i) subject to any directions which the Commission may give in that behalf, provide each polling station with copies of the Register of voters for the polling district or such part of such Register as contains the names of the voters allowed to vote at that polling station; and (j) perform any other acts and do such other things as the Commission may direct. [s. 56]

Section 73Verify source

§ 74Polling agentProvision

Political parties may appoint polling agents for polling stations, but must give written notice in time; they may also appoint an alternate agent and replace one who dies or becomes incapable.

74.–(1) Each political party may, with the prior consent of the candidates, appoint one person to be known as a polling agent for each polling station within the constituency for which it has a candidate or candidates for the purpose of- (a) detecting impersonation; (b) representing and safeguarding the interests for the candidate or candidates at the polling station; and (c) co-operating with the presiding officer and polling assistants to secure smooth compliance with the law and procedures pertaining to the conduct of the voting and the elections at the polling station. (2) A notice in writing of the appointment stating the name and address of the polling station to which the agent has been assigned, shall in so far as it may be possible, be given to the Returning Officer not later than seven days before election day or within such shorter time as the Commission may allow: 274 Polling agent Acts Nos. 13 of 1990 s. 8 6 of 1992 s. 29 18 of 1995 Sch 10 of 2000 Sch. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Provided that, a political party may, in the notice given under this subsection, appoint an alternate polling agent who may be present and perform any of the functions of a polling agent in the absence of the polling agent from the polling station, whether permanently or temporarily. (3) Where any polling agent dies or becomes incapable of acting as such, the political party concerned may appoint another polling agent in his place, and shall immediately give to the Returning Officer and the presiding officer concerned, notice in writing of the name and address of the polling agent so appointed and the polling station to which he is appointed. (4) The presiding officer shall, with the assistance and co-operation of the polling agent, solve or otherwise deal with each complaint at the polling station as soon as it arises and is brought to his attention by a candidate, a polling agent, a voter or by any other person registered and entitled to vote at the polling station concerned. [s. 57]

Section 74Verify source

§ 75Ballot boxesCommencement

Ballot boxes must be made so ballots can go in but not out, and the presiding officer must show, seal, and keep the box closed before voting starts.

75.–(1) Every ballot box shall be constructed in a manner which allows voters to put ballot papers in but not to withdraw the ballot papers. (2) Immediately before the commencement of voting, the presiding officer at each polling station shall show the empty ballot box to persons lawfully present so that they may see that it is empty, and shall then close the ballot box and place a seal upon it in such manner as to prevent it being opened without breaking the seal, and shall place it in view for the receipt of ballot papers and shall keep the ballot box so closed and sealed. [s. 58]

Section 75Verify source

§ 76Form of ballot PaperProvision

Every ballot paper must include the candidate’s photo, name or acronym, and party logo if any, must be foldable, and must be attached to a numbered counterfoil.

76. Every ballot paper shall- (a) contain- (i) (ii) a recent photograph taken within three months; (iii) an acronym or the full name of the candidate; logo of the political party sponsoring the candidate, if any; 275 Ballot boxes Form of ballot Paper Acts Nos. 6 of 1992 s.. 30 and 58 4 of 2000 Sch. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Prohibition of disclosure of Vote Method of voting Acts Nos. 13 of 1990 s. 31 6 of 1992 s. 31 32 of 1994 Sch. 8 of 1995 s. 10 4 of 2000 Sch. 13 of 2004 s. 30 (b) be capable of being folded up; (c) be attached to counterfoil bearing a serial number. [s. 59]

Section 76Verify source

§ 77Prohibition of disclosure of VoteProvision

A voter cannot be forced to say how they voted in proceedings challenging an election result, except where the bona fide conduct of a presiding officer under section 78(3)(b), (c), or (i) is in issue.

77. A person who has voted at an election shall not, in any legal proceedings to question the election result be required to state for whom he voted: Provided that, this section shall not apply in any legal proceedings in which the question whether a presiding officer acting under the provision of section 78(3)(b), (c) or (i) acted bona fide, is in issue. [s. 60] PART II VOTING AND COUNTING PROCEDURE

Section 77Verify source

§ 109Offences in relation to registrationOffence

This section makes it an offence to give false statements or declarations, make certain duplicate or undisclosed voter-registration applications, or fail to surrender a voter’s card or make a required declaration after being told to do so.

109.–(1) A person who- (a) for the purposes of procuring the registration of himself or of any other person, or of procuring a voter’s card, from a registration officer or from any other person having any duty in relation to the application for registration or for the issue of voter’s card, provide any false material statement to any application on his own behalf or on behalf of such other person for registration or for the issue of a voter’s card; (b) knowing or having reason to believe that he is registered in a polling district, applies to be registered otherwise than in accordance with section 24, and without, 293 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] disclosing to the Registration Officer his previous registration in another polling district; (c) applies to be registered in a polling district after he has applied to be registered in another polling district and the earlier application has not, been determined pending any the applicant’s qualifications or withdrawal; investigation into (d) having been issued with a voter’s card, applies for the issue to himself of a new voter’s card, otherwise than in the circumstances set out in sections 24, 25 or 26 and without disclosing to the Registration Officer the circumstance in which the application is made or which he does not believe to be true in a material particular; or (e) knowingly makes any declaration provided for in section 27 which is false, or which he does not believe to be true in a material particular, commits an offence and on conviction, shall be liable to a fine of not less than one hundred thousand shillings and not exceeding three hundred thousand shillings or to imprisonment for a term not exceeding two years or to both. (2) A person whose name has been deleted from a Register and who has been required by a Registration Officer either to surrender a voter’s card issued to him or to make and to deliver to the Registration Officer the declaration provided for in section 27 within the specified time by such Registration Officer, who without lawful excuse, neither surrenders such card nor makes and delivers such declaration within the specified time, commits an offence and on conviction, shall be liable to a fine of not less than fifty thousand shillings but not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding twelve months or to both. [s. 88] 294 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Official discouragement of person from seeking nomination Acts Nos. 6 of 1992 s. 40 3 of 2005 s. 9 Election Officers’ misconduct Act Nos. 4 of 2000 Sch. 3 of 2005 s. 10

Section 109Verify source

§ 110Official discouragement of person from seeking nominationOffence

Officials must not use their office to discourage nominations or make nominated people withdraw, and breaches can lead to fines or up to 12 months’ imprisonment.

110.–(1) A person holding any official office or acting in any official capacity who, in the exercise of the functions of such office or in such official capacity, makes any statement or does any act with intent to discourage any other person from seeking nomination under this Act or to procure any person who has been nominated to withdraw his candidature commits an offence and on conviction, shall be liable to a fine not less than one hundred thousand shillings but not exceeding three hundred thousand shillings or to imprisonment for a term not exceeding twelve months or to both. (2) Proceedings shall not be instituted against any person for any offence contrary to this section without prior consent of the Director of Public Prosecutions. (3) In this section, “official office” and “official capacity” includes an office in the service of the United Republic and any other office or capacity the holder of which occupies a position of influence in relation to the particular or prospective candidate. [s. 89]

Section 110Verify source

§ 111Election Officers’ misconductCommencement

An election officer who knowingly or willfully mishandles an election process and causes the election result to be nullified commits an offence and may be fined, imprisoned, or both.

111.–(1) An election officer who knowingly or willfully does or omits to do anything in relation to an election process and thereby occasions the nullification of the election results commits an offence and on conviction, shall be liable to a fine of not less than five hundred thousand shillings but not exceeding one million shillings or to imprisonment for a term of not less than one year but not exceeding two years, or to both. (2) Where in an election petition, the Court determines that an election officer has done or omitted to do anything in relation to election process which amounts to mishandling the election process, it shall certify such determination to the Attorney General. (3) Where a prosecution is commenced for an offence under this section, a certificate issued under subsection (2) shall be conclusive proof of what is contained therein. 295 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Cap. 20 Cap. 6 (4) For avoidance of doubt, a certificate under subsection (2) shall not prevent the prosecution from calling further evidence to substantiate the case. (5) The provisions of the Criminal Procedure Act, or the Evidence Act, shall apply mutatis mutandis in the conduct of case commenced under this section. [s. 89A] Recovery of loss Cap. 76 Act No. 4 of 2000 Sch.

Section 111Verify source

§ 112Recovery of lossInterpretation

If an election officer causes the Government loss, costs, or damages through acts or omissions in relation to the election process, the Public Officers (Recovery of Debts) Act applies to that officer.

112. Notwithstanding the provisions of section 111, the provisions of the Public Officers (Recovery of Debts) Act, shall apply mutatis mutandis to an election officer who occasions the Government to incur loss, costs or damages as a result of his acts or omission in relation to the election process. [s. 89B] Definition of election officers Act No. 4 of 2000 Sch.

Section 112Verify source

§ 113Definition of election officersInterpretation

For sections 111 and 112, “election officer” includes several named election roles.

113. For purposes of sections 111 and 112, “election officer” includes the Regional Election Co-ordinator, Returning Officer, Assistant Returning Officer, presiding officer and polling assistant. [s. 89C] Offences in relation to voters’ registers and voter’s card Acts Nos. 6 of 1992 s. 41 3 of 2005 s. 11

Section 113Verify source

§ 114Offences in relation to voters’ registers and voter’s cardOffence

This section makes it an offence to tamper with voters’ registers or voter’s cards, and to keep another person’s voter’s card and refuse to return it when demanded.

114.–(1) A person who- (a) forges or fraudulently defaces or fraudulently destroys any Register of voters; or (b) forges, counterfeits or fraudulently destroys any voter’s card or official duplicate voter’s card or any official mark on such voter’s card, commits an offence and on conviction, shall be liable to a fine not less than two hundred thousand shillings but not exceeding five hundred thousand shillings or to imprisonment for a term not less than two years but not more than four years or to both. (2) A person who has in his possession or under his control any voter’s card issued to any other person and who refuses or neglects, without lawful excuse, to deliver the same to the person to whom it was issued, when it is demanded by such person or by a Registration Officer commits an offence and on 296 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] conviction, shall be liable to a fine of not less than one hundred thousand shillings and not exceeding three hundred thousand shillings or to imprisonment for a term of not less than one year and not more than two years or to both. [s. 90] Registration officers’ misconduct Act No. 13 of 2004 s. 34

Section 114Verify source

§ 115Registration officers’ misconductOffence

A Registration Officer who knowingly mishandles registration and jeopardizes the process commits an offence.

115.–(1) A Registration Officer who knowingly does or omits to do anything in relation to registration and thereby jeopardize the registration process commits an offence and on conviction, shall be liable- (a) in the case of officers specified under subsection (2) (a), to a fine of not less than five hundred thousand shillings but not exceeding one million shillings or to imprisonment for a term of not less than one year but not exceeding two years or to both; (b) in the case of officers specified under subsection (2)(b), to a fine of not less than two hundred thousand shillings but not exceeding five hundred thousand shillings or to imprisonment for a term of not less than six months but not exceeding one year or to both. (2) For purposes of this section, the Registration Officer includes - (a) an Election Officer and Assistant Registration Officer; and (b) registration assistant. [s. 90A] Offences in relation to nomination forms or ballot papers Acts Nos. 6 of 1992 s. 42 21 of 1992 s. 2 3 of 2005 s. 12

Section 115Verify source

§ 116Offences in relation to nomination forms or ballot papersOffence

Section 116 makes it an offence to forge, destroy, misuse, or interfere with nomination forms, ballot papers, ballot boxes, and related election materials, and to make false nomination statements.

116.–(1) A person who- (a) forges or fraudulently defaces or fraudulently destroys any nomination form, or ballot paper or delivers to a Returning Officer any nomination form knowing the same to be forged; (b) knowingly nominates more than one Presidential candidate; (c) forges or counterfeits or fraudulently destroys any ballot paper or the official mark on any ballot paper; 297 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] (d) being a Returning Officer or presiding officer knowingly or negligently fails to put an official mark on a ballot paper; (e) without due authority supplies any ballot paper to any person; (f) fraudulently puts into any ballot box any paper other than the ballot paper which he is authorised by law to put in; (g) without due authority takes out of any polling station any ballot paper or is found in possession of any ballot paper outside a polling station; or (h) without due authority, destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers in use for the purpose of an election, commits an offence and on conviction, shall be liable to a fine of not less than fifty thousand shillings but not exceeding three hundred thousand shillings. (2) A person who, for the purposes of procuring for himself or for any other person, nomination as a candidate, knowingly makes any false statement material to such nomination in a nomination form, biographical information form or statutory declaration delivered to a Returning Officer commits an offence and on conviction, shall be liable to a fine of not less than fifty thousand shillings but not exceeding three hundred thousand shillings or to imprisonment for a term of not less than six months but not more than twelve months or to both. (3) In any prosecution for an offence in relation to a nomination form, ballot box, ballot paper counterfoil, marking instruments and other things in use in an election, the property in such papers, boxes, instruments and things may be stated to be in possession of the Returning Officer for such election. [s. 91] False publication of withdrawal Act No. 8 of 1995 s. 14

Section 116Verify source

§ 117False publication of withdrawalOffence

A person must not knowingly publish a statement that a candidate has withdrawn, by utterance, print, or broadcast, if the aim is to help another candidate win.

117. A person who knowingly, by utterance, print or broadcast, publishes any statement of the withdrawal of any candidate for purposes of promoting the election of another candidate 298 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Corrupt inducement of withdrawal Act No. 8 of 1995 s. 14 Miscellaneous Offences Act No. 3 of 2005 s. 13 Maintenance of secrecy at elections Acts Nos. 6 of 1992 s. 43 3 of 2005 s. 14 commits an offence of illegal practice and on conviction, shall be liable to imprisonment for a term not exceeding two years. [s. 91A]

Section 117Verify source

§ 118Corrupt inducement of withdrawalOffence

It is an offence to corruptly induce or procure someone to withdraw as a candidate for an election in return for payment or a promise of payment, and a person who withdraws because of that inducement also commits the offence.

118. A person who corruptly induces or procures another person to withdraw from being a candidate to an election in consideration of payment or promise of payment and any person who withdraws in pursuance of such inducement or procurement commits an offence of corrupt practice and on conviction, shall be liable to imprisonment for a term not exceeding five years. [s. 91B] PART II OTHER ELECTION OFFENCES

Section 118Verify source

Part

PART II

§ 21Time for RegistrationProvision

The Commission sets and reviews voter registration timing in each polling district, may suspend registration in a district, and must review the Permanent National Voters’ Register twice in the stated period.

21.–(1) The Commission shall be responsible for setting time and review of registration of voters in every polling district within the constituency. (2) A person entitled to be registered as a voter at any polling district and who has not been so registered, may present himself at a place where facilities for registration have been made available in the relevant polling district. (3) Notwithstanding any other provisions of this section to the contrary, it shall be lawful for the Commission to direct that the registration of voters in all or any polling district in the constituency specified in such direction, shall be suspended for such period as the Commission may direct if, in the opinion of the Commission, it is desirable to suspend the registration of voters. (4) Where a direction under subsection (3) has been issued in respect of any polling district, registration of voters shall not 242 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] take place in such polling district during the period specified in such direction. (5) For the purpose of this section, the Commission shall review the Permanent National Voters’ Register twice between a period commencing immediately after the General Elections and the date preceding the nomination day. [s. 15] Registration agents Act No. 7 of 2010 s. 7

Section 21Verify source

§ 22Registration agentsCommencement

Political parties may appoint registration agents for registration centres, but must notify the registration officer in writing on time and state the agent and centre details.

22.–(1) A political party may appoint one person to be a registration agent for each registration centre within the constituency, for the purpose of - (a) detecting qualified persons for registration; and (b) assisting the registration assistant to secure a smooth compliance with relevant laws and procedures pertaining to the conduct of registration of voters. (2) For the purpose of subsection (1), every political party shall, by notice in writing, notify the registration officer of the appointment not later than seven days before the date set for the commencement of registration of voters or within such shorter time as the Commission may allow. (3) The notice under subsection (2) shall state the name of the agent so appointed and the name and address of the registration center to which the agent is assigned. (4) A political party may, in the notice given under subsection (2), appoint an alternate registration agent who may be present and perform, whether permanently or temporarily, any of the functions of a registration agent in his absence from the registration center. (5) Where a registration agent dies or becomes incapable of acting as such, the political party concerned may appoint another registration agent in his place, and shall immediately give to the Registration Officer and Registration Assistant concerned a notice in writing of the name and address of the registration agent so appointed and registration center to which that agent is appointed. 243 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Voter’s card Act No. 13 of 2004 ss. 5, 12 Change of residence Acts Nos. 13 of 2004 ss. 5, 15 3 of 2005 s. 3 7 of 2010 s. 8 (6) The Registration Assistant shall, with the assistance and cooperation of the registration agent, deal with each complaint at the registration center as soon as it arises and is brought to his attention by any person who wishes to be registered. [s. 15A]

Section 22Verify source

§ 23Voter’s cardProvision

A person who applies for voter registration under section 21 may be registered for the polling district if the responsible officer is satisfied the person is qualified, and a voter’s card must then be issued.

23.–(1) Where a person makes an application for registration as a voter in accordance with the provisions of section 21, that person shall, if he satisfies the Registration Officer or any other officer for the time being responsible for the registration of voters, that he is qualified to be registered as a voter at a polling district within the jurisdiction of such Registration Officer or such other officer, be registered as a voter for such polling district and upon being so registered, shall be issued with a voter’s card in the prescribed form. (2) The Commission may, by regulations made under section 152, require any person applying for registration as a voter to fill in such forms as may be prescribed. [s. 16]

Section 23Verify source

§ 24Change of residenceAmendment

A voter who moves to another polling district may apply to be registered there, and officials must register the voter and issue a new voter’s card if the stated conditions are met.

24.–(1) Where any voter who is registered in one polling district becomes ordinarily resident in some other polling district, that voter may apply in accordance with the provisions of section 26, to the Registration Officer, Registration Assistant or any other staff as directed by the Commission for purposes of conducting registration of voters for the polling district in which he is ordinarily resident; and the Registration Officer, Registration Assistant or any other staff as directed by the Commission for the purpose of conducting registration of voters shall- (a) upon being satisfied that the applicant- (i) (ii) is qualified for registration; and is ordinarily resident in the polling district in respect of which he makes the application; and (b) on the surrender by the applicant of his voter’s card or upon the applicant satisfying the Registration Officer, 244 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Registration Assistant or any other staff directed by the Commission for the purpose of conducting registration of voters that the voter’s card is lost or destroyed, register the applicant in the prescribed form for the polling district and cause to be issued another voter’s card. (2) Where a Registration Officer, Registration Assistant or any other staff as directed by the Commission for purposes of conducting registration of voters registers an applicant under this section, he shall immediately cancel the voter’s card surrendered by the applicant. (3) Notwithstanding the provisions of section 23(1), or subsection (1) of this section, where by reason of- (a) any change of name of a constituency; (b) any adjustment in the number of constituencies; or (c) any adjustment in the boundaries or areas of one or more constituencies, a constituency becomes part of another constituency or a polling district of one constituency becomes a polling district or part of a polling district of another constituency or of the same constituency with a new name, it shall not be necessary for a voter whose name is in any Register affected by such adjustment, to apply for the transfer of name to the appropriate Register but the Director of Elections shall, as soon as possible, effect such amendment of transfer as may be necessary to give effect to such adjustment as if an application for transfer had been made by a voter concerned pursuant to the provisions of this Act. [s. 17] Voter’s card lost, defaced or destroyed Acts Nos. 13 of 2004 ss. 5, 12 3 of 2005 s. 4 7 of 2010 s. 8

Section 24Verify source

§ 25Voter’s card lost, defaced or destroyedAmendment

A person whose voter’s card is lost, defaced, or destroyed may apply in person for a new card, and the registration staff must issue it if the application is proper, the applicant still qualifies, any required fee is paid, and a defaced card is surrendered.

25.–(1) Where a voter’s card issued to any person is lost, defaced or destroyed, the person to whom such voters card was issued may apply in person to the Registration Officer, Registration Assistant or any other staff as directed by the Commission for the purpose of conducting registration of voters for the issue of a new voter’s card. 245 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Amendment of particulars Acts Nos. 13 of 2004 s.. 5, 12, 17 3 of 2005 s. 5 7 of 2010 s. 8 (2) Upon any such application, the Registration Officer, Registration Assistant or any other staff as directed by the Commission for the purpose of conducting registration of voters shall, if satisfied that the application is properly made and that the applicant remains qualified for registration, issue the applicant with new voter’s card upon the applicant paying the prescribed fee, if any, and where the application is made in respect of a defaced voter’s card, upon the applicant surrendering such defaced voter’s card. [s. 18]

Section 25Verify source

§ 26Amendment of particularsAmendment

A voter whose details need amending may apply for a new voter’s card, and election staff must process it if the application is proper and the person still qualifies.

26. Where any of the particulars on a voter’s card or in a Provisional Voter’s Register requires to be amended by reason of a change of name or of any other alteration in the circumstances affecting the person to whom a voter’s card was issued, other than a change of residence from one polling district to another, the person to whom such voter’s card was issued may apply for a new voter’s card, and the Registration Officer, Registration Assistant or any other staff as directed by the Commission for purposes of conducting registration of voters shall upon such application being made and upon being satisfied that the application is properly made and that the applicant remains qualified for registration, register the applicant in the prescribed form and cause to be issued another voter’s card: Provided that, a new voter’s card shall not be issued under this section unless the applicant surrenders his voter’s card or satisfies the Registration Officer, Registration Assistant or any other staff as directed by the Commission for purposes of conducting registration of voters that it is lost or destroyed and pays the prescribed fee, if any. [s. 19] Declaration relating to lost or destroyed voter’s card Acts Nos. 13 of 2004 s. 5 7 of 2010 s. 8

Section 26Verify source

§ 27Declaration relating to lost or destroyed voter’s cardProvision

If a voter says their card was lost or destroyed, they must make a declaration in the prescribed form, and the registration officer may refuse the application if they do not.

27. Where, under the provisions of this Part, an application is made to a Registration Officer, Registration Assistant or any other staff as directed by the Commission for the purpose of conducting registration of voters, by a person who claims to have lost a voter’s card issued to him or that such voter’s 246 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Refusal of Application Acts Nos. 13 of 2004 s.. 5,18 card has been destroyed, the Registration Officer, Registration Assistant or any other staff as directed by the Commission for the purposes of conducting registration of voters shall require the applicant to make a declaration in the prescribed form relating to such loss or destruction, and, without prejudice to the power to refuse the application on other grounds, the Registration Officer, Registration Assistant or any other staff as directed by the Commission for the purpose of conducting registration of voters, may refuse the application, unless the applicant makes such a declaration. [s. 20]

Section 27Verify source

§ 28Refusal of ApplicationProvision

If a voter-registration application is refused, the officer must give the applicant a written statement of reasons if asked, and the applicant may appeal to the district court within 14 days after receiving that statement.

28.–(1) Where a Registration Officer, Registration Assistant or any other staff as directed by the Commission for the purpose of conducting registration of voters, refuses an application under the provisions of this Part, he shall, if so required by the applicant, give to the applicant a written statement in the prescribed form setting out the grounds for refusal, and where any applicant aggrieved by such refusal may, within fourteen days after receipt of such statement, appeal against such refusal to a district court. (2) The district court shall determine such appeal within fourteen days from the date of submission of an appeal. [s. 21] PART III OBJECTION TO REGISTRATION OR CONTINUED REGISTRATION Inspection of Provisional Voters’ Register Acts Nos. 8 of 2004 s.. 17,19 13 of 2004

Section 28Verify source

§ 44Presidential election dayCommencement

The Commission must appoint Presidential election day for every constituency, subject to section 46.

44.–(1) Subject to section 46, the Commission shall appoint a day in this Act referred to as Presidential election day, for the holding of a ballot in every constituency for the election of the President. (2) Subject to the provisions of this section, the Commission may appoint different Presidential election days for different constituencies and may revoke the appointment of a Presidential election day and appoint some other Presidential election day. (3) The Commission shall appoint as Presidential election day- (a) in the case of a Presidential election held by reason of dissolution of Parliament other than in the circumstances provided for by Article 38(2)(b)(c)(d) or (e) of the Constitution- (i) for each constituency in which there is a Parliamentary election, the day appointed as election day for that Parliamentary election; (ii) for every other constituency, a day not less than forty days and not more than fifty days after the nomination day; (b) in the case of a Presidential election to which paragraph (a) of this subsection does not apply, for every constituency, a day not less than forty days and not more than fifty days after the nomination of the Presidential candidates. 257 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] (4) Different days may be appointed under paragraph (a)(ii) or subsection (3)(b) for different constituencies. (5) For the purpose of subsection (3), a constituency for which a Parliamentary election is commenced afresh, shall be deemed to be a constituency in which there is no Parliamentary election. [s. 35B]

Section 44Verify source

§ 45Persons entitled to vote at Presidential ElectionProvision

Registered voters are entitled to vote in a Presidential election, and the Commission may set conditions for voting at a different polling station.

45.–(1) Every person registered as a voter under this Act shall be entitled to vote at a Presidential election. (2) Subject to the provisions of subsection (3), a registered voter may vote- (a) on the Presidential election day appointed for the constituency for which he is registered as a voter; and (b) at the polling station allotted to him in the polling district for which he is so registered. (3) The Commission may give directions and prescribe conditions under which a person may, on the Presidential election day, be allowed to vote at a polling station other than that allotted to him. [s. 35C]

Section 45Verify source

§ 46Application of Chapter IVProvision

Chapter IV applies, with necessary modifications, to Presidential candidates.

46. The provisions of Chapter IV of this Act shall apply mutatis mutandis in relation to Presidential candidates. [s. 35D]

Section 46Verify source

§ 47Application of Chapter VProvision

For presidential elections in each constituency, the ballot is to be conducted like a parliamentary election, with necessary modifications, and sections 47, 48, 51 and Chapter V apply to it.

47. The ballot for the election of a President in each constituency shall be held in the like manner as the ballot in a Parliamentary election and subject to any necessary modification and provisions of this section, 48 and 51 and the provisions of chapter V of this Act shall apply for the regulation thereof and for such other matters as are provided for in chapter V of this Act. [s. 35E] Persons entitled to vote at Presidential Election Act No. 21 of 1992 s. 2 Application of Chapter IV Act No. 21 of 1992 s. 2 Application of Chapter V Act No. 21 of 1992 s. 2 258 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Addition of Presidential votes Acts Nos. 21 of 1992 s. 2 18 of 1995 Sch. 4 of 2000 Sch. 3 of 2005 s. 6

Section 47Verify source

§ 52Nomination dayCommencement

This section sets when nomination day must be appointed for Parliamentary elections and by-elections, and requires public notice in some cases.

52.–(1) Where a Parliamentary election is to be held in a constituency or where such election is countermanded and the election procedures are to commence afresh, the Commission shall, by notice published in the Gazette, appoint a nomination day for the Parliamentary election: Provided that- (a) where a Parliamentary election is to be held after dissolution of Parliament, the nomination day for any constituency shall not be less than five and not more than twenty-five days after the dissolution of Parliament; (b) where a by-election is to be held, the nomination day shall not be less than twenty days and not more than fifty days after the occurrence of the event by reason of which the election is to be held. (2) Subject to subsection (1)(b), the Chairman of the Commission shall, in writing, notify the public and all political parties about the date set for the conduct of the by election. (3) Where a Member of Parliament resigns, dies or otherwise relinquishes his office for reason other than under section 141, the Speaker shall in writing to the Chairman of the Commission, and by notice published in the Gazette, declare that there is a vacancy in the seat of a Member of Parliament. (4) The Commission may appoint different nomination days for different constituencies and may revoke the appointment for any nomination day and appoint another nomination day: Provided that, any such later day appointed as a nomination day for a Parliamentary election shall be within the period provided for under the proviso to subsection (1). (5) The Commission shall give at least seven days notice of nomination day and, in the case of a Parliamentary election to 3 Act No. 6 of 1992 s. 11 261 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Cap. 2 Nomination of Candidates Acts Nos. 4 of 2000 Sch. 13 of 2004 s. 24 7 of 2010 s. 11 17 of 2010 s. 27 Cap. 278 be held where the President has given notice of the intention to dissolve Parliament, the notice of a nomination day may be given before such dissolution. (6) Where a by-election is to be held and the date for dissolution of Parliament has been proclaimed or is known on account of the events specified in Article 90(3) of the Constitution, such by-election shall not take place at any time during the period of twelve months immediately preceding the date of the dissolution of Parliament. [s. 37]

Section 52Verify source

§ 53Nomination of CandidatesOffence

A parliamentary candidate must be nominated in writing by at least 25 registered voters from the constituency, and the nomination papers must be filed with the Returning Officer by 4:00 p.m. on nomination day.

53.–(1) In order to be validly nominated as a candidate for Parliamentary election, a person shall be nominated in writing by not less than twenty-five nominators who are voters registered in the polling districts within the constituency for which that person is a candidate. (2) Notwithstanding the provisions of subsection (1), the Commission may, on the nomination day, refuse to nominate a person as a candidate if it is satisfied that the person has been disqualified from participating in the nomination process by the Commission pursuant to the provisions of the Election Expenses Act. (3) The nomination shall be in the prescribed form, signed by the candidate and by the nominators and contain the following particulars: (a) the name, address and occupation of the candidate; (b) the names and addresses of the nominators and the numbers of their voter’s cards; and (c) a certificate by the candidate that he is willing and otherwise qualified to stand for election. (4) Every nomination form shall be accompanied by- (a) a statutory declaration in the prescribed form, made and signed by the candidate before a magistrate and declaring the candidate’s qualifications and that he is not disqualified for election except that, statutory declaration of the candidate’s for the office of the 262 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] President and Vice-President of the United Republic shall be made before a Judge; (b) such number of photographs of the candidate as the Commission may deem necessary, taken not earlier than three months preceding the nomination day; and (c) such biographical information relating to the candidate as may be required to be given by regulations in such form as may be prescribed. (5) Where, in any case, a nomination form is not accompanied by the documents specified in subsection (4), the nomination of the candidate shall be deemed to be void: Provided that, the Commission may, in any particular case if it thinks reasonable so to do, direct that the nomination form be accepted as valid notwithstanding that such nomination form was not accompanied by any of such documents if the documents in question are submitted to the Returning Officer within such further time as the Commission may allow. (6) The Returning Officer shall provide nomination forms and supply any voter with such number of nomination forms as he may require. (7) Every candidate or one of the nominators of the candidate, shall deliver the nomination form together with one copy signed as provided for under this section, at the office of the Returning Officer not later than four o’clock in the afternoon of the nomination day. (8) The Returning Officer shall immediately cause a copy of the nomination form to be posted in a conspicuous place outside his office. (9) A person shall not nominate more than one candidate for any one election and where a Returning Officer has issued a certificate under subsection (4)(b) in respect of a person’s nomination of one candidate, he shall refuse to issue a certificate in respect of that person’s nomination of another candidate for the same election: Provided that, a person may not be prevented from signing a nomination form by reason only of his having signed a 263 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] nomination form of a candidate who has died or withdrawn his candidature before delivery of such first-mentioned nomination form. (10) Notwithstanding the provisions of subsection (9), where a nominator nominates more than one candidate for the same election and certificates have been issued under subsection (4)(b) in respect of such person’s registration, both such candidates nomination shall be valid. (11) A person who nominates more than one candidate commits an offence, and upon conviction shall be liable to a fine not exceeding two hundred thousand shillings. (12) The Returning Officer may, where he is satisfied that any person has committed an offence under subsection (11), by order under his hand compound such offence by requiring such person to make payment of a sum of money: Provided that- (a) such sum of money shall not be more than the maximum fine provided for such offence; (b) the power conferred by this subsection shall only be exercised where the person admits in writing that he has committed the offence; and (c) the Returning Officer shall issue to the person from whom he receives such sum of money a receipt thereof. (13) A nominator may, subject to the provisions of subsection (9), nominate one candidate each for Presidential, Parliamentary and Local Authority election. (14) A Returning Officer shall, when requested by or on behalf of a candidate to issue a certificate in respect of a nominator who is registered in a polling district of which he has charge, issue a certificate accordingly. (15) The fact that, subsequent to nomination day, the name of a person who has nominated a candidate is deleted from a Register of voters for the relevant polling district, shall not invalidate the nomination of the candidate. [s. 38] 264 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Deposits Act Nos. 6 of 1992 s. 14 13 of 2004 s. 25 Candidate to be nominated for one constituency Objections to and decisions as to validity of nomination form Acts Nos. 6 of 1992 s. 15 4 of 2000 Sch. 3 of 2005 s. 7 7 of 2010 s. 12 17 of 2010 s. 28

Section 53Verify source

§ 54DepositsProvision

A candidate or one of the candidate’s nominators must lodge a prescribed money deposit with the Returning Officer when submitting the nomination form.

54.–(1) A candidate or one of his nominators shall, at the time of delivering the nomination form pursuant to the provisions of section 53, deposit with a Returning Officer such sum of money as may be prescribed. (2) The deposit of an opposed candidate shall be forfeited to the Government if he withdraws his candidature after nomination day or if the number of votes counted in his favour at the election, is less than one-tenth of the total number of valid votes counted for the constituency for which he was a candidate, except that such deposit shall not be forfeited if the candidate dies. (3) Where the deposit of a candidate is not forfeited under subsection (2), it shall, as soon as is reasonably practicable after the declaration of the results of the election, be returned to the candidate or paid to his personal legal representative, as the case may be, by the Returning Officer. [s. 38A]

Section 54Verify source

§ 55Candidate to be nominated for one constituencyProvision

A person must not be nominated as a candidate for election in more than one constituency.

55. A person shall not be nominated as a candidate for election in more than one constituency. [s. 39]

Section 55Verify source

§ 56Objections to and decisions as to validity of nomination formRepeal

This section sets who may object to a nomination form, the deadline and form for objections, and what the Returning Officer must do before and after deciding the objection.

56.–(1) Objections may be made to a nomination form on all or any of the following grounds: (a) that the particulars given in respect of the candidate are insufficient to identify him; (b) that the nomination form does not comply with or was not delivered in accordance with the provisions of this Part; (c) that it is apparent from the contents of the nomination form that the candidate is not qualified to stand for election; (d) that the requirements of section 53(4) have not been complied with; and Cap. 278 (e) where the requirements of the Election Expenses Act, have not been complied with. 265 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] (2) Objection to a nomination form shall not be allowed unless it is made to the Returning Officer not later than four o’clock in the afternoon of the day following nomination day. (3) The objection may be made by another candidate in the constituency, the Director of Elections, the Registrar of Political Parties, the Returning Officer on his own motion or the Attorney General and shall be made in writing, signed by the objector, and shall specify the grounds of objection. (4) The Returning Officer shall, before deciding on the validity of any objection with the least possible delay - (a) notify the person against whom the objection is made; and (b) avail such person an opportunity to be heard. (5) Where the Returning Officer decides on any objection under subsection (4), he shall notify in writing the candidate concerned of the decision and if the objection is allowed, of the grounds for the decision. (6) Where a Returning Officer makes an objection on his own motion, under subsection (3), he shall before making any finding inform the candidate concerned in writing and after making a finding on the objection he shall refer such findings to the Commission. (7) Any candidate who is dissatisfied with the decision of the Returning Officer on the validity of an objection may, in such manner and within such period as the Commission may prescribe, appeal to the Commission and the decision of the Commission shall be final and conclusive and shall not be challenged in any court, except by way of an election petition presented pursuant to the provisions of Chapter VII on one or other of the grounds specified in that Chapter. (8) Notwithstanding any provisions of this section, the Registrar of Political Parties shall, upon filing an objection under subsection (3), the objection shall be subjected to the procedure laid down under this Act. [s. 40] 266 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Repealed

Section 56Verify source

§ 57RepealedRepeal

This section has been repealed.

57. [Repealed by Act No.6 of 1992 s.16.] PART III FINAL NOMINATION OF CANDIDATE FOR PARLIAMENTARY ELECTIONS Repealed

Section 57Verify source

§ 78Method of votingCommencement

This section sets out how voting at a polling station must be conducted and what voters, polling agents, and election officials must do.

78.–(1) Without prejudice to the provisions of section 63(3) and section 105, each polling agent shall be present at the opening of the voting at the polling station in respect of which he is appointed a polling agent. (2) Before the commencement of voting at a polling station the polling agent shall be required by the presiding officer to submit to him in the prescribed manner, any complaint that the polling agent has or has received, or any expression of his satisfaction with regard to the arrangements for voting in the polling station. (3) The voting at an election shall be conducted in the following manner- (a) every voter who wishes to vote shall present himself at the polling station allotted to him in the polling district for which he is registered, and shall satisfy the presiding officer or a polling assistant at such polling station that he is the voter he claims to be and that he has not voted already at such polling station or elsewhere and such person may satisfy the presiding officer or a polling assistant that he is the voter he claims to be 276 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] by producing to that officer or a polling assistant a voter’s card or any other documentary evidence as the Director of Elections may direct; (b) where a voter is incapacitated by blindness or other physical cause or is unable to read, that voter may ask a person of his own choice other than the presiding officer, a polling assistant or a polling agent, to assist such an incapacitated person to record his vote in accordance with paragraphs (c) to (k) of this subsection and a person chosen under this paragraph shall assist not more than one voter: Provided that, where in a household there is more than one person who requires assistance under this paragraph, it shall be lawful for such members of the household to choose one person to assist them; (c) upon being satisfied as to the identity of the voter and that such voter’s name appears on the Register for the polling district and the voter has been allocated to vote at such polling station, the presiding officer or polling assistant shall deliver to the voter concerned a ballot paper; (d) immediately before the presiding officer or polling assistant delivers a ballot paper to any person- (i) the ballot paper shall be perforated or stamped with an official mark; (ii) the number and particulars of the voter, as stated in the copy of the Register of voters or part of the Register maintained at the polling station, shall be called out; (iii) the number of the voter in the copy of the Register of voters or part of the Register shall be marked on the counterfoil; and (iv) a mark shall be placed against the number of the voter in the copy of the Register of voters or part of the Register to denote that a ballot paper has been received by such voter; 277 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] (e) subject to the provisions of paragraph (h), a voter on receiving a ballot paper shall go immediately into one of the polling booths in the polling station, secretly record his vote in the manner provided for in paragraph (f), fold up the ballot paper so as to conceal his vote and shall proceed to the ballot box and show to a polling assistant the back of the ballot paper so as to reveal the official mark and shall then put the folded ballot paper into the ballot box; (f) a voter shall record his vote by putting a mark against the name of the candidate for whom he wishes to vote and by that mark, recording no more than one vote; (g) a voter shall not place on the ballot paper any writing or mark by which he may be identified; (h) a voter shall vote without undue delay; (i) where a voter is illiterate or does not understand how to record his vote, the presiding officer may, in the presence of the polling agent, explain to the voter the procedure; (j) subject to the provisions of paragraphs (b) and (i), a voter shall not show the mark which he has placed upon his ballot paper to any person, and if he does so, the ballot paper shall be treated as a spoilt ballot paper: Provided that, the provisions of this paragraph shall not apply if a ballot paper is shown by a voter to the presiding officer for the purpose only of ascertaining if the voter has carried out his duties correctly; (k) a voter who has accidentally dealt with a ballot paper in such manner that it can not conveniently be used as a valid ballot paper to the presiding officer and after satisfying the presiding officer that the ballot paper has been spoilt by accident, obtain another ballot paper in the place of the ballot paper so delivered and the spoilt ballot paper and its counterfoil shall be immediately marked as cancelled. 278 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] (4) Where any voter has any complaint in relation to the conduct of the voting in the polling station or polling district in which he is registered, he may, before or immediately after voting but before leaving the polling station, submit his complaint in the prescribed form to the presiding officer or to a polling assistant and where the complaint concerns the conduct of the presiding officer, it shall be recorded in the presence of the polling agent. Repealed

Section 78Verify source

§ 79RepealedRepeal

Section 79 is repealed.

79. [Repealed by Act No.18 of 1995 Sch.] [s. 61] [s. 62] Admission to polling station Acts Nos. 8 of 1995 s. 11 4 of 2000 Sch. 7 of 2010 s. 17

Section 79Verify source

§ 80Admission to polling stationOffence

Only voters assigned to the correct polling station may vote there, and access to polling stations is tightly limited to listed officials and other authorised persons.

80.–(1) A person shall not be admitted to vote at any polling station except at the polling station allocated to him in the polling district in which he is registered as a voter. (2) A person other than the following shall not be admitted into a polling station: (a) a presiding officer; (b) a polling assistant; (c) a polling agent; (d) a voter; (e) a person assisting an incapacitated voter pursuant to section 78; (f) an observer duly authorised in writing by the Commission; (g) the candidate; (h) a member of the Commission; (i) the Director of Elections; (j) an officer of the Commission; (k) the Regional Elections Coordinator; (l) a police officer or any other person responsible for security at the polling station; and (m) the Returning Officer and Assistant Returning Officer. (3) The presiding officer may, in his discretion, admit at least not less than two observers if any to the polling station. 279 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] (4) The Commission may give directions regulating the conduct of observers. (5) Where any person misbehaves in the polling station or fails to obey the lawful orders of the presiding officer, he may immediately, by order of the presiding officer, be removed from the polling station by any police officer in or near the station or by any other person authorised in writing by the presiding officer or by the Returning Officer, and the person so removed shall not, unless with the permission of the presiding officer, be allowed to enter the polling station. (6) A person removed pursuant to subsection (5), if charged with the commission of any offence in such polling station, may be kept in custody until he can be brought before a magistrate but the powers conferred by this section shall not be exercised so as to prevent any voter who is otherwise entitled to vote at any polling station, from having an opportunity of voting at such polling station. [s. 63]

Section 80Verify source

§ 81Allegation of irregularitiesRepeal

At a polling station, the presiding officer must warn a person believed or alleged not to be entitled to vote, and may then require proof and declarations before allowing the person to vote.

81.–(1) Where the presiding officer at any polling station has reason to believe, or where a candidate or polling agent present at any polling station alleges, that any person wishing to vote at that polling station, is not a voter entitled to vote at that polling station, the presiding officer shall warn such person that he will be committing an offence under this Act by so voting. (2) Where, notwithstanding such warning, such person persists in his wish to vote and- (a) produces any evidence to show that he is entitled to vote at the polling station in question; and (b) having been required to make and subscribe to a declaration as prescribed by section 83, makes and subscribes to one or both of the declaration to which that section refers, the presiding officer shall deliver a ballot paper to such person and permit that person to vote at such polling station. 280 Allegation of irregularities Act No. 6 of 1992 s. 33 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] (3) A presiding officer shall record in writing the full name and address which a person warned under subsection (1) gives as his name and address and, if such person has voted the presiding officer shall state that fact in such record. (4) Before warning a person under subsection (1), a presiding officer shall state to such person the reasons for his belief that such a person is not a voter entitled to vote, at the polling station in question or, in the case of an allegation referred to in subsection (1) made by a candidate or polling agent present in the polling station in question, shall require such candidate or polling agent to state in his presence and in the presence of the person wishing to vote, the reasons for the allegation; and if a candidate or a polling agent refuses to comply with such requirement, the presiding officer shall disregard the allegation made. Repealed

Section 81Verify source

§ 82RepealedRepeal

This section is repealed.

82. [Repealed by Act No. 4 of 2000 Sch.] [s. 64] [s. 65] Declaration by Voters

Section 82Verify source

§ 83Declaration by VotersProvision

At a polling station, the presiding officer can require a voter to prove identity and sign prescribed declarations before receiving a ballot paper.

83.–(1) The presiding officer at any polling station may, in his discretion, and shall, on the request of a candidate present at the polling station or the polling agent, require any person wishing to vote, before he is given a ballot paper, to furnish such evidence which identifies that person with the person described in the voter’s card which he presents, as the presiding officer may deem necessary and to make and subscribe to one or both of the prescribed declarations. (2) Where any person fails to furnish such evidence of his identity or refuses to make any the declaration, the presiding officer may refuse to give that person a ballot paper. [s. 66] Adjournment of polling in case of riot Act No. 13 of 2004 s. 31

Section 83Verify source

§ 84Adjournment of polling in case of riotProvision

If polling at a station is disrupted by riot or open violence while voters still remain, the presiding officer must adjourn the poll until the next day and immediately notify the Returning Officer.

84.–(1) Where the proceedings at any polling station are interrupted or obstructed by riot or open violence while there remains voters who have not completed the polling process, the presiding officer shall adjourn the proceedings until the 281 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] following day and immediately give notice to the Returning Officer. (2) Where the poll is adjourned at any polling station- (a) the hours of polling on the day to which it is adjourned shall be the same as for the original polling day; and (b) references in this Act to the close of poll shall be construed accordingly. [s. 67] Closing of poll Act No. 6 of 1992 s. 34

Section 84Verify source

§ 85Closing of pollProvision

If voters are still present when a polling station closes and have not yet voted, the poll must stay open long enough for them to vote.

85. Where at the hour of the closing of the poll at any polling station, there are voters present who have not had an opportunity to vote, the poll shall be kept open for a sufficient time to enable them to vote. [s. 68] Procedure on closing of poll Acts No. 13 of 1990 s. 10 18 of 1995 Sch.

Section 85Verify source

§ 86Procedure on closing of pollProvision

The polling agent must be given a final chance to state whether they are satisfied with the voting or have complaints, and the presiding officer must prepare, read, confirm, sign, and submit a complaints report.

86.–(1) Before the closing of the polling station after the closing of the poll, the polling agent shall be given the final opportunity to submit in the prescribed form whether or not he is satisfied with or has complaint in relation to the manner the voting was conducted in the polling station, and any complaint reported shall be solved or dealt with in the best possible manner. (2) At the conclusion of the polling, the presiding officer shall prepare a report, detailing all complaints raised during and after the close of the poll and the steps taken in respect of each of them and the report shall be read before and be confirmed and signed by the polling agent, the presiding officer and a polling assistant, and shall be submitted to the Returning Officer in accordance with section 98. [s. 69] Polling agent to be counting agent Act No. 18 of 1995 Sch.

Section 86Verify source

§ 87Polling agent to be counting agentProvision

Polling agents and alternate polling agents must act as counting agents at the close of the poll and during vote counting; parliamentary or presidential candidates may appoint a counting agent.

87.–(1) Every polling agent or the alternate polling agent appointed by the political party pursuant to section 74, shall at the close of the poll and during the counting of votes, be the counting agent of the appointing candidate. 282 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Place of counting of votes Acts Nos. 18 of 1995 Sch. 10 of 2000 Sch. Counting of Votes Act No. 18 of 1995 Sch. (2) Every candidate in Parliamentary or Presidential election may appoint a counting agent to represent the candidate at the place and during the addition of election results by the Returning Officer or the Commission, as the case may be. [s. 70]

Section 87Verify source

§ 88Place of counting of votesProvision

A presiding officer may move the count to a nearby appropriate place instead of the polling station if security, space, facilities, or another reasonable cause justifies it.

88.–(1) Subject to the provisions of subsection (2), both the votes for Presidential and Parliamentary election cast at a polling station shall be counted at that polling station. (2) Notwithstanding the provisions of subsection (1), the presiding officer may, for reasons of security, inadequacy of counting space or counting facilities or for such other reasonable cause, after consultation with the polling agent or upon advise from the Returning Officer or the polling agent, direct that votes at the polling station be counted at the nearest neighbouring appropriate place different from the one at which the votes were cast. (3) Where a direction is given pursuant to subsection (2), the votes from each polling station shall be counted separately in the same manner as if the votes had been counted at the polling station at which they were cast. [s. 70A]

Section 88Verify source

§ 89Counting of VotesProvision

The presiding officer must keep the vote count going after polling closes, and parties present must state any satisfaction or complaint at each stage.

89.–(1) The presiding officer of each polling station assisted by the polling assistants assigned to the polling station, shall as soon as practicable after the closing of the poll, in the presence of the persons referred to in section 90, if present, proceed continuously with the counting of votes in accordance with the methods and the procedures provided in this Part until the counting is completed. (2) At the conclusion of every stage in the process of counting votes the candidates or the polling agents if present, shall be required to state in the prescribed manner whether they are satisfied with or they have any complaint and stating the complaint if any, in relation to each stage concluded in the counting of votes. 283 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Persons who may be present at counting of votes Acts Nos. 8 of 1995 s. 12 18 of 1995 Sch. (3) Each complaint made which can be resolved or settled, shall be resolved or settled at the stage at which it is made and the presiding officer shall prepare an account in the prescribed form, relating to that complaint and how it was resolved. (4) Every statement recorded by the presiding officer in accordance with this section shall be confirmed by the polling agent, presiding officer and the polling assistant, signed and submitted to the Returning Officer. [s. 71]

Section 89Verify source

§ 90Persons who may be present at counting of votesProvision

Only listed people may be present at the counting of votes, and others must not be in the vicinity.

90.–(1) A person other than the following may not be present at the counting of votes- (a) the presiding officer; (b) a polling assistant; (c) a polling agent or an alternate polling agent; (d) a candidate; (e) a police officer or such other person responsible for security at the place where votes are being counted; (f) a Returning Officer, Assistant Returning Officer, or a Regional Election Coordinator; (g) a member of the Commission; (h) the Director of Elections or an electoral officer of the Commission; and (i) an election observer duly authorised in writing by the Commission. (2) A person other than those referred to in subsection (1) shall not be permitted to be within the vicinity of the place where votes are being counted. [s. 72] Method of counting votes Acts Nos. 18 of 1995 Sch. 10 of 2000 Sch.

Section 90Verify source

§ 91Method of counting votesProvision

The presiding officer and polling assistants must carry out a set procedure before and during counting of votes at the polling station.

91.–(1) Before the presiding officer and polling assistants proceed to count the votes they shall, in the presence of the persons referred to in section 90, if present to- (a) ascertain and record the number of all the persons who voted at the polling station; 284 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] (b) count and record the number of all the unused ballot papers, including any spoilt ballot papers and seal them in a special envelope; (c) inspect the seal and to ascertain whether it has been opened or tampered with; (d) unseal the seal; and (e) open the ballot box. (2) After the ballot box has been opened the presiding officer shall take out and count aloud each ballot paper and record the total of the ballot papers found in the ballot box. (3) After the total of the ballot papers in the ballot box have been ascertained, the votes shall be counted as follows: (a) the presiding officer shall unfold each ballot paper, display it for viewing by those present and announce aloud the candidate for which the vote has been cast or whether the ballot paper is blank, spoilt or otherwise invalid; (b) the ballot papers which have been announced shall be arranged and displayed in separate lots facing upwards, according to the candidate for which they are cast or as blank or invalid votes; (c) the presiding officer shall count aloud and record the votes in each lot and verify their total with the total of all the ballot papers which were found in the ballot box and the number of voters who cast their votes at the polling station. (4) For purposes of Part II of Chapter V of this Act, the word “seal” includes a padlock and any other procedure, machinery or thing which is approved by the Commission for securing integrity of the contents of a ballot box, and the words seal, open, close or unseal, with their grammatical variations and cognate expressions shall, when used in relation to a seal or a ballot box, have a corresponding meaning. [s. 73] 285 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Ballot papers which shall not be counted as valid Acts Nos. 6 of 1992 s. 35 18 of 1995 Sch. 13 of 2004 s. 32 Endorsements by presiding officer Rejected ballot papers Act No. 6 of 1992 s. 36

Section 91Verify source

§ 92Ballot papers which shall not be counted as validProvision

A ballot paper is not counted as a valid vote if it lacks an official mark or is otherwise spoiled, marked to identify the voter, unmarked, or void for uncertainty.

92.–(1) A ballot paper shall not be counted as a valid vote where- (a) it does not bear an official mark; (b) the vote on it has been recorded otherwise than in accordance with section 78 or it is required under that section to be treated as spoilt; (c) anything is written or marked by which a voter can be identified otherwise than by the serial number printed on it; or (d) it is unmarked or void for uncertainty. (2) A vote which shall be cast in respect of any candidate who has withdrawn his candidature under this Act shall be treated as a spoilt vote. [s. 74]

Section 92Verify source

§ 93Endorsements by presiding officerProvision

The presiding officer or a polling assistant must mark an uncounted ballot paper as “rejected.”

93.–(1) The presiding officer or a polling assistant shall endorse the word “rejected” on any ballot paper which, under the provisions of section 92, is not counted. (2) The presiding officer or a polling assistant shall add to the endorsement the words “rejection objected to”, if an objection to his decision is made by any counting agent. [s. 75]

Section 93Verify source

§ 94Rejected ballot papersRepeal

The presiding officer must prepare a statement of rejected ballot papers, and must let a counting agent copy it on request.

94. The presiding officer shall prepare a statement showing the number of ballot papers rejected under the following heads: (a) want of official mark; (b) voting recorded otherwise than as provided in section 78(3)(c) or to be treated as spoilt under the provisions of section 78(3)(j); (c) writing or mark by which the voter could be identified; and (d) unmarked or void for uncertainty, and shall on request, allow any counting agent to copy the statement. [s. 76] 286 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Repealed

Section 94Verify source

§ 95RepealedRepeal

This section is repealed.

95. [Repealed by Act No. 18 of 1995 Sch.]. [s. 77] Candidates or counting agents may require recount Act No. 18 of 1995 Sch. Decision of presiding officer Act No. 18 of 1995 Sch. Duties of Presiding officer after counting Acts Nos. 18 of 1995 Sch. 4 of 2000 Sch.

Section 95Verify source

§ 96Candidates or counting agents may require recountProvision

Candidates or their counting agents may ask for one or two recounts of votes if they are present when counting finishes.

96.–(1) A candidate or his counting agent may, if present when the counting or any recount of the votes is completed, require the presiding officer to have the votes recounted once or twice but the presiding officer may refuse to make a third or subsequent recount if the results of the last two recounts are the same. (2) A step shall not be taken upon the completion of the counting or any recount of votes until the candidates and counting agents present at the completion of the counting, have been given a reasonable opportunity to exercise the right conferred by subsection (1). [s. 78]

Section 96Verify source

§ 97Decision of presiding officerProvision

The presiding officer must decide questions about ballot papers after consulting specified polling participants.

97. The presiding officer shall, after consultations with the polling assistants, the polling agents or if present, the candidates, decide on any question arising in respect of any ballot paper and if disputed, the decision shall be subject to review by the Returning Officer, during the addition of votes from all the polling stations in the constituency and the decision of the Returning Officer shall be final and subject only to review by an election petition pursuant to Chapter VII of this Act. [s. 79]

Section 97Verify source

§ 98Duties of Presiding officer after countingProvision

After vote counting, the presiding officer must secure the ballots, prepare and post reports, ask agents or a candidate to record any complaint or satisfaction, give copies if enough are available, and hand the ballot box and results to the Returning Officer.

98.–(1) Upon conclusion of the counting of the votes in accordance with section 91, the presiding officer shall- (a) seal up in separate packets valid, the disputed and the rejected ballot papers; (b) prepare a separate report of the results of each of the Parliamentary and Presidential elections in the manner and form as the Commission may direct, which shall be signed by the presiding officer and the polling agents, if present; 287 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] (c) require the polling agents or if present, a candidate to state in the prescribed form any complaint or to confirm satisfaction with the counting of votes; (d) affix in some conspicuous place a copy of the report of the partial results of the elections at the polling station; (e) if available in sufficient numbers, give each polling agent a copy of the report of results; (f) lock up and seal in the ballot box, all the packets of ballot papers; and (g) accompanied by such number of polling agents present as the Commission shall direct, transmit and hand over to the Returning Officer, the ballot box together with the report of the partial results of the elections at the polling station. (2) Where the candidate or his agent refuses to sign the prescribed form under this section, the presiding officer or polling assistant shall require such candidate or agent to give reasons in writing for his refusal. (3) Where a candidate or his agent refuses to comply with the provisions of subsection (2), he shall be estopped from raising any complaint regarding the voting and the counting procedure in that particular station. [s. 79A]

Section 98Verify source

§ 99Addition of votes in Parliamentary electionProvision

Sets who may be present during vote counting and what the Returning Officer must do when adding Parliamentary votes.

99.–(1) The provision of section 48 shall apply mutatis mutandis in relation to the addition of the votes for Parliamentary election. (2) The following person shall be authorised to be present at the addition of votes by the Returning Officer- (a) a Returning Officer; (b) an Assistant Returning Officer; (c) the Regional Election Co-ordinator; (d) a member of the Commission; (e) the Director of Elections or an electoral officer of the Commission; (f) a candidate; (g) a counting agent; 288 Addition of votes in Parliamentary election Acts Nos. 18 of 1995 Sch. 4 of 2000 Sch. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] (h) a police officer or such other person responsible for security at the place of counting; or (i) an observer duly authorised in writing by the Commission. (3) After all the reports of the results and ballot boxes containing ballot papers relating to the Parliamentary election have been received from the polling stations in the constituency, the Returning Officer shall, after determining the validity of any disputed votes and before the addition of the votes, announce aloud the results of each polling station in the constituency seriatim. (4) The candidate or polling agent may request the Returning Officer to check on any part of the addition to ascertain its accuracy but shall not be entitled to request a recount of all the votes or all the ballot papers from any polling station, unless the accuracy of the report of the results from that polling station, were disputed by the polling agent or candidate present at the polling station. (5) Where a request is made pursuant to subsection (4) the Returning Officer shall not unreasonably, refuse to check the addition or to recount the ballot papers of any particular polling station. (6) In relation to addition of Presidential votes by the Commission under section 48, the following may be present- (a) a member of the Commission; (b) the Director of Elections; (c) an electoral officer of the Commission; (d) a candidate; (e) a counting agent; (f) a police officer or such other person responsible for security at the place where the Presidential votes are being added; (g) an observer duly authorised in writing by the Commission; or (h) such other persons as the Commission may authorise. [s. 80] 289 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Declaration of results Acts Nos. 13 of 1990 s. 13 13 of 2004 s. 33

Section 99Verify source

§ 100Declaration of resultsRepeal

After a contested election result is ascertained, the Returning Officer must immediately declare the winner, notify the successful candidate, and send a report to the Commission; the Commission must then publish the results and vote totals in the Gazette.

100. Where the result of a contested election has been ascertained, the Returning Officer shall- (a) immediately declare to be elected, the candidate for whom the majority of valid votes have been cast; (b) send a notification of election to the successful candidate; and (c) compile a report and submit it to the Commission, indicating- (i) the complaints raised at each stage of the election and the measures or decisions taken in respect of each; (ii) the views of the candidates in relation to the election, and (ii) the result of the election, and the Commission shall then cause the results, together with the number of votes recorded for each candidate in each constituency to be published in the Gazette. Repealed

Section 100Verify source

§ 101RepealedRepeal

This section is repealed.

101. [Repealed by Act No. 6 of 1992 s. 37.] [s. 81] [s. 81A] Custody of documents

Section 101Verify source

§ 102Custody of documentsProvision

The Returning Officer and the Commission must keep election-related documents safely, and they must destroy them six months after election day unless the High Court orders otherwise.

102.–(1) The Returning Officer shall ensure the safe custody of all documents relating to the conduct of an election. (2) The Commission shall ensure the safe custody of all documents relating to the conduct of an election which are forwarded to it under any of the provisions of this Act. (3) The Returning Officer and the Commission shall cause all documents to which this section applies, to be destroyed after the expiration of six months from election day, unless otherwise directed by an order of the High Court arising from any proceedings relating to the election. [s. 82] 290 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Powers of polling assistants

Section 102Verify source

§ 103Powers of polling assistantsProvision

A polling assistant may do what the presiding officer is allowed to do at a polling station if the presiding officer authorises it, but may not order anyone’s arrest or removal from the polling station.

103. A polling assistant may be authorised by the presiding officer to do any act or thing which the presiding officer is required or authorised to do at a polling station by this Act except that he may not order the arrest of any person, or the exclusion or removal of any person from the polling station. [s. 83] Powers of candidates

Section 103Verify source

§ 104Powers of candidatesProvision

A candidate may do acts the polling agent is authorised or required to do, and may help the polling agent or counting agent do those acts.

104. A candidate may do any act or thing which the polling agent may be authorised or required to do, and may assist the polling agent or counting agent in the doing of any such act or thing. [s. 84] Non-attendance of agents not to invalidate proceedings

Section 104Verify source

§ 105Non-attendance of agents not to invalidate proceedingsProvision

If a polling agent, counting agent, or candidate does not attend, that alone does not invalidate an act or thing that is otherwise properly done.

105. Where in this Act, any act or thing is required or authorised to be done in the presence of a polling agent or a counting agent or a candidate, the non-attendance of any such agents or candidate at the time and place appointed for that purpose shall not, if the act or thing is otherwise properly done, invalidate the act or thing done. [s. 85] Elections held simultaneously Act No. 6 of 1992 s. 38

Section 105Verify source

§ 106Elections held simultaneouslyProvision

When presidential and contested parliamentary elections are held on the same day in a polling district, polling and vote counting must be handled separately, with distinct ballot boxes and differently coloured ballot papers.

106. Where in the polling district the same day is appointed as the election day for the Presidential election and a contested Parliamentary election- (a) polling at the two elections, shall be conducted simultaneously at all polling stations in that district; (b) the Returning Officer shall provide separate and distinctive ballot boxes and every presiding officer shall organise and conduct his polling station and shall place the ballot boxes in such a manner as to avoid any confusion arising by reason of simultaneous polling: Provided that, subject to any direction of the Commission in that behalf, a single ballot box may be provided at each polling station for both the Presidential and Parliamentary election; (c) the respective ballot papers for those elections shall be of different colours so as to be easily distinguishable from each other; 291 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] (d) a voter who leaves a polling station after voting in respect of only one of the elections shall not be re- admitted to such polling station for the purpose of voting in respect of the other; (e) the requirements of paragraph (c) shall be deemed to have been complied with in respect of both elections if the particulars specified in that paragraph are called out once immediately before the delivery to the voter of the ballot paper for any of those elections which is first delivered to him; (f) the counting of votes for the two elections shall be conducted separately. [s. 86] PART III5 NOMINATION OF WOMEN FOR SPECIAL SEAT Nomination of women for special seats Act No. 7 of 2010 s. 18 Cap. 2 Cap. 2 Cap. 2

Section 106Verify source

§ 119Miscellaneous OffencesOffence

Willfully giving false evidence or making a false statement in a declaration under section 83 is an offence.

119. A person who willfully furnishes false evidence or makes a false statement in a declaration made under section 83 commits an offence and on conviction, shall be liable to a fine of not less than fifty thousand shillings but not exceeding one hundred thousand shillings or to imprisonment for a term of not less than six months but not more than twelve months or to both. [s. 92]

Section 119Verify source

§ 120Maintenance of secrecy at electionsOffence

People involved at polling stations or vote counting must keep voting secret and not disclose voter or ballot information; violations are offences punishable by a fine or imprisonment.

120.–(1) Every officer, clerk, interpreter, candidate and agent authorised to attend at a polling station or at the counting of votes shall, unless he has taken an oath of secrecy under any other provisions of this Act, before so attending, take an oath of secrecy in the prescribed form. (2) The Returning Officer shall have power to administer any oaths required to be taken under the provisions of subsection (1). (3) Every officer, clerk, interpreter, candidate and agent in attendance at a polling station shall maintain, and assist in maintaining, the secrecy of the voting in such station and shall not communicate, except for some purpose authorised by law, 299 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] to any person any information as to the name or number of any voter who has or has not applied for a ballot paper or voted at the station or as to the official mark. (4) An officer, clerk, interpreter, candidate, agent or any other person, shall not obtain or attempt to obtain in the polling station information as to the candidate for whom any person in such station is about to vote or has voted, or communicate at any time to any person any information obtained in a polling station as to the candidate for whom any person in such station is about to vote or has voted. (5) An officer, clerk, interpreter, candidate or agent in attendance at the counting of the voting shall maintain, and assist in maintaining, the secrecy of the voting and shall not ascertain, or communicate any information obtained at such counting as to the candidate for whom any vote is given by any particular ballot paper. (6) A person except a presiding officer acting for a purpose authorised by this Act, or person assisting an incapacitated person and acting for such purpose, shall not communicate or attempt to communicate with any person after such person has received a ballot paper and before he has placed the same in a ballot box. (7) A person who contravenes the provisions of this section commits an offence and on conviction, shall be liable to a fine of not less than one hundred thousand shillings but not exceeding three hundred thousand shillings or to imprisonment for a term not less than six months and but not more than twelve months or to both. [s. 93] Penalty for bribery, treating, etc., Acts Nos. 8 of 1995 s. 15 3 of 2005 s. 15

Section 120Verify source

§ 121Penalty for bribery, treating, etc.,Offence

A person convicted of bribery, treating, or undue influence is liable to a fine, imprisonment, or both.

121. A person who commits the offence of bribery, treating or undue influence commits an offence of a corrupt practice and on conviction, shall be liable to a fine of not less than five hundred thousand shillings and not exceeding one million shillings or to imprisonment for a term of not less than one year but not exceeding three years or to both. [s. 94] 300 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Penalty for Impersonation Acts Nos. 6 of 1992 s. 44 3 of 2005 s. 16 Disqualifications by conviction for corrupt or illegal practice Act No. 8 of 1995 s. 16

Section 121Verify source

§ 122Penalty for ImpersonationOffence

A person who commits personation, or helps, encourages, or procures personation, commits an offence and may be fined, imprisoned, or both.

122. A person who is guilty of personation or aids, abet, counseling or procuring the commission of the offence of personation commits an of an offence and on conviction, shall be liable to a fine of not less than fifty thousand shillings and not exceeding two hundred thousand shillings or to imprisonment for a term of not less than six months but not more than twelve months or to both. [s. 95]

Section 122Verify source

§ 123Disqualifications by conviction for corrupt or illegal practiceRepeal

People convicted of a corrupt or illegal practice are disqualified for five years from being registered as a voter or voting, unless the conviction is set aside by a court of competent jurisdiction.

123.–(1) A person who is convicted of a corrupt practice and whose conviction is not set aside by a court of competent jurisdiction shall, in addition to any other punishment, be disqualified during a period of five years from the date of conviction from being registered as a voter or from voting at any election under this Act or under any other written law. (2) A person who is convicted of an illegal practice and whose conviction is not set aside by a court of competent jurisdiction shall, in addition to any other punishment, be disqualified during a period of five years from the date of his conviction from being registered as a voter or from voting at any election under this Act or under any other written law. Repealed

Section 123Verify source

§ 124RepealedRepeal

Section 124 is marked as repealed.

124. [Repealed by Act No. 7 of 2010 s. 19.] Repealed

Section 124Verify source

§ 125RepealedRepeal

This section has been repealed.

125. [Repealed by Act No. 7 of 2010 s. 19.] [s. 96] [s. 97] [s. 98] Persons to be deemed guilty of undue influence

Section 125Verify source

§ 126Persons to be deemed guilty of undue influenceOffence

A person commits undue influence if they use force, threats, injury, abduction, duress, or fraud to make a voter vote, not vote, or interfere with free voting.

126. A person who directly or indirectly, by himself or by any other person on his behalf, makes use of or threatens to make use of any force, violence or restraint, or inflicts or threatens to inflict by himself or by any other person, any temporal or spiritual injury, damage, harm, or loss, upon or against any voter, in order to induce or to compel such voter to vote or to refrain from voting, or on account of such voter having voted or refrained from voting, at any election or who, by abduction, 301 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Bribery, corruption and undue influence in relation to members and officers of Commission Acts Nos. 8 of 1995 s. 17 7 of 2010 s. 20 Persons deemed to be guilty of impersonation Act No. 6 of 1992 s. 45 duress or any fraudulent contrivance, impedes or prevents the free use of the vote by any voter either to give or to refrain from giving his vote at any election, commits an offence of undue influence within the meaning of this Act. [s. 99]

Section 126Verify source

§ 127Bribery, corruption and undue influence in relation to membersOffence

A person commits an offence if they bribe, corrupt, or unduly influence a Commission member or officer in relation to an election.

127. Where any person does any act constituting bribery, corruption or undue influence in respect of a member or officer of the Commission referred to in section 9 with intent that such a member or officer, as the case may be, shall discriminate in favour of one or other of the candidates at the election, or where any such member or officer does any such act on account of discriminating or having discriminated in favour of one or other candidates, such person shall be deemed, according to the circumstances of the case, to have committed an offence of bribery, corruption or undue influence. [s. 100]

Section 127Verify source

§ 128Persons deemed to be guilty of impersonationOffence

A person commits impersonation at an election if they use another person's name or voter’s card to get or cast a ballot.

128. A person who at any election- (a) applies for a ballot paper in the name of another person or knowingly tenders a vote in the name of another person, whether that name is the name of a person living or dead or of a fictitious person; or (b) for the purpose of procuring the issue to himself of a ballot paper, knowingly tenders a voter’s card issued to some other person, commits an offence of impersonation within the meaning of this Act. [s. 101] Penalty for persons guilty of certain corrupt and illegal practices Act No. 8 of 1995 s. 18

Section 128Verify source

§ 129Penalty for persons guilty of certain corrupt and illegal practicesOffence

This section makes certain voting-related acts corrupt or illegal practices and sets fines or jail terms after conviction.

129.–(1) A person who- (a) votes or attempts to vote, or induces or procures some other person to vote at any election if he, or if to his knowledge such other person, has already voted at that election or in the case of a general election, at any other election held during that general election; or 302 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] (b) for the purpose of procuring the issue of any ballot paper to any other person or to himself, delivers any voter’s card issued to himself or to some third person to such other person, or induces or procures some third person to deliver such third person’s voter’s card to himself or such other person, commits an offence of corrupt practice and on conviction, shall be liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding five years or to both. (2) A person who- (a) votes or induces some other person to vote at any election knowing that he or such other person is not entitled to vote or is prohibited by this Act or by any other law from voting at such election; or (b) for the purpose of procuring the issue to himself of a ballot paper, knowingly tenders an invalid voter’s card; or (c) before or during an election, knowingly publishes any false statement of the withdrawal of a candidate at such election for the purpose of promoting the election of another candidate, commits an offence of illegal practice and on conviction, shall be liable to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding twelve months or to both. [s. 102] Interference with lawful public meeting to be illegal practice Acts Nos. 6 of 1992 s. 46 3 of 2005 s. 17

Section 129Verify source

§ 130131. Public meetings on election day and display of emblems inOffence

A person who disrupts a lawful election-related public meeting in order to stop its business commits an offence.

130. A person who, at a lawful public meeting held in connection with the election of any person between the day of publication of the notice appointing nomination day and the day on which the result of the election is published, acts or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called, commits an offence and on conviction, shall be liable to a fine of not less than fifty thousand shillings but not exceeding two 303 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] hundred thousand shillings or to imprisonment for a term of not less than six months but not more than twelve months or to both. [s. 103] Public meetings on election day and display of emblems in vicinity of polling station prohibited Acts Nos. 17 of 1996 Sch. 13 of 2004 s. 35 3 of 2005 s. 18

Section 130Verify source

§ 131Public meetings on election day and display of emblems inOffence

A person must not hold a meeting on election day or near a polling place, or display campaign-support emblems there.

131.–(1) A person shall not hold a meeting on election day or within any building where voting in an election is in progress, or at any place within the radius of two hundred metres of such building wear or display any card photograph, favour, or other emblem indicating support for a particular candidate in the election. (2) Any person acting in contravention of this section commits an offence and on conviction, shall be liable to a fine of not less than fifty thousand shillings but not exceeding one hundred thousand shillings. [s. 104] Defacement of notices Acts Nos. 3 of 2005 s. 19 7 of 2010 s. 21 Documents to bear name and address of printer and publisher Acts Nos. 6 of 1992 s. 48 3 of 2005 s. 20

Section 131Verify source

§ 132Defacement of noticesOffence

A person must not, without lawful authority, destroy, mutilate, deface, or remove certain notices or inspection documents; doing so is an offence.

132. A person who without lawful authority, destroys, mutilates, defaces or removes any notice which is exhibited under the authority of this Act or any document which is made available for inspection in accordance with the provisions of this Act, commits an offence and on conviction, shall be liable to a fine of not less than thirty thousand shillings but not exceeding one hundred thousand shillings or to imprisonment for a term of not less than one month but not exceeding six months or to both. [s. 105]

Section 132Verify source

§ 133Documents to bear name and address of printer and publisherOffence

Election-related printed materials generally must show the printer’s and publisher’s name and address, and some also need approval from the relevant election authority.

133.–(1) A person shall not- (a) print or publish or cause to be printed or published any bill, placard or poster having reference to an election or any printed document distributed for the purpose of promoting procuring the election of a candidate; (b) post or cause to be posted any such bill, placard or posters; or (c) distribute or cause to be distributed any printed document for the purpose referred to in subsection (1), 304 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] unless the bill, placard, poster or document bears upon its face, the name and address of the printer and publisher and- (i) (ii) in the case of Presidential election, such bill, placard, poster or document has been approved by the Commission; in the case of Parliamentary election, such bill, placard, poster or document has been approved by the Returning Officer. (2) For the purpose of this section, any process for multiplying copies of a document, other than copying it by hand, shall be deemed to be a printing and the expression “printer” shall be construed accordingly. (3) A person who contravenes the provisions of subsection (1) commits an offence and on conviction, shall be liable to a fine of not less than thirty thousand shillings but not exceeding one hundred thousand shillings or to imprisonment for a term of not less than three months but not more than six months or to both. (4) This section shall not apply to any bill, placard, poster or document published by or on behalf of the Commission or a Returning Officer. [s. 106] Persons convicted of corrupt or illegal practice to be removed from Register Acts Nos. 8 of 1995 s. 19 13 of 2004 s. 36

Section 133Verify source

§ 134Persons convicted of corrupt or illegal practice to be removed from RegisterProvision

If a court convicts someone of a corrupt or illegal practice under the Act, the court must report it to the Director of Elections, and the Director must remove that person from the voter register if they are registered and notify the relevant Registration Officer in writing.

134. Where a court convicts a person of a corrupt or illegal practice under this Act, it shall report the conviction to the Director of Elections who, if the person concerned is registered as a voter- (a) shall delete the name of such person from the register of voters in which he is registered; and (b) shall inform in writing the Registration Officer for the polling district concerned of such deletion. [s. 107] 305 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] CHAPTER VII AVOIDANCE OF ELECTIONS BY ELECTION PETITION Avoidance of election by election petition Acts Nos. 6 of 1992 s. 49 8 of 1995 s. 20 4 of 2000 Sch. Cap. 2

Section 134Verify source

Part

PART III

§ 2930Amendment

People may inspect the Provisional Voters’ Register, and the Registration Officer must display it in every ward.

29.–(1) A person may inspect the Provisional Voter’s Register of any polling district on such day and at such time as the Registration Officer or, as the case may be, the Director of Elections, may determine. (2) The Registration Officer shall display the Provisional Voters’ Register in every ward and may amend it, if necessary, in the manner as may be prescribed by the Commission. [s. 22] 247 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Inclusion of name in Provisional Voters’ Register Act No. 13 of 2004 s..5, 12, 17 Objections Act No. 13 of 2004 s.. 5, 17

Section 29Verify source

§ 3031. ObjectionsAmendment

A registered voter with a valid voter’s card may ask the Director of Elections to correct the Provisional Voters’ Register if their name is missing, and the register must be amended if the official is satisfied.

30.–(1) Where any person who has been registered as a voter and holds a valid voter’s card in respect of a polling district discovers pursuant to an inspection made in accordance with the provisions of section 29, that his name does not appear in the Provisional Voters’ Register of the polling district that person he may apply to the Director of Elections, and the Director of Elections or, as the case may be; the Registration Officer shall, if satisfied that the name of such person should have been included in the Provisional Voters’ Register of the polling district, amend or cause to be amended the Provisional Voters’ Register by inclusion of the name of such person. (2) Where the Director of Elections or the Registration Officer refuses to amend the Provisional Voters’ Register to include the name of any person, the person aggrieved by such refusal may object to such refusal in accordance with the succeeding provisions of this Part. [s. 23]

Section 30Verify source

§ 31ObjectionsProvision

Some people may object to keeping a name on the Provisional Voters’ Register if the person is not qualified, no longer qualified, or dead.

31.–(1) A person whose name appears in the Provisional Voters’ Register for any polling district may object to the retention in that Provisional Voters’ Register of his own name or the name of any other person on the ground that he or such other person is not qualified or is no longer qualified to be so registered or that such other person is dead. (2) The Director of Elections or the Registration Officer may object to the retention of any name in the Provisional Voters’ Register of any polling district on any of the grounds referred to in subsection (1). (3) Any person who makes an objection under this section is hereinafter referred to as “the objector”. [s. 24] Procedure for making objections Act No. 13 of 2004 s. 5

Section 31Verify source

§ 32Procedure for making objectionsProvision

Objections must be made in duplicate in the prescribed form, sent to the Registration Officer within the prescribed time, and usually accompanied by a prescribed deposit.

32.–(1) Except in the case of objection being made by the Director of Elections or a Registration Officer, every objection shall be made in duplicate in the prescribed form and be made to the Registration Officer within such period as may be prescribed. 248 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Inquiry and determination by Registration Officer Act No. 13 of 2004 s.. 5, 17, 20 (2) Every objection, other than an objection made by the Director of Elections or Registration Officer, shall be accompanied by a deposit of such sum as the Commission may, by notice in the Gazette, prescribe. (3) The Registration Officer shall, as soon as practicable after receiving an objection made in accordance with this Part or in the case of an objection made by himself, within such period as may be prescribed, serve notice of such objection to the person in regard to whom such objection has been made: Provided that, a Registration Officer shall not be required to serve notice where an objection is made on the ground that a person whose name appears in the Provisional Voters’ Register is dead. [s. 25]

Section 32Verify source

§ 58RepealedRepeal

Section 58 is repealed.

58. [Repealed by Act No.6 of 1992 s.17.] Repealed

Section 58Verify source

§ 59RepealedRepeal

Section 59 is repealed.

59. [Repealed by Act No.6 of 1992 s.18.] [s. 41] [s. 42] [s. 43] Unopposed candidate Acts Nos. 6 of 1992 s. 19 8 of 1995 s. 6

Section 59Verify source

§ 60Unopposed candidateRepeal

If only one candidate is nominated in a constituency, that candidate is treated as elected, and the Commission must announce the result in the Gazette.

60. Where only one candidate is nominated for an election in a constituency, such candidate shall be deemed to be elected and the Commission shall, by notice in the Gazette, declare that candidate to have been elected. Repealed

Section 60Verify source

§ 61RepealedRepeal

Section 61 is repealed.

61. [Repealed by Act No.6 of 1992 s.20.] PART IV ELECTION DAY [s. 44] [s. 45] Nominated candidates and election day Acts Nos. 6 of 1992 s. 21 17 of 1996 Sch. 4 of 2000 Sch. 13 of 2004 s. 26

Section 61Verify source

Part

Part or in the case of an objection made by himself, within

§ 3334. Objector or person objected to may appealCommencement

The Registration Officer must hold a public inquiry into duly made objections and notify the objector and the person concerned at least seven clear days in advance.

33.–(1) The Registration Officer shall as soon as practicable, hold a public inquiry into all objections which have been duly made, giving not less than seven clear days written notice of the date on which and the time and place at which such inquiry will commence to each objector and the person in regard to whom the objection has been made, and, at any such public inquiry, any person appearing to the Registration Officer to be interested in or affected by the subject matter of the inquiry, may appear and be heard either in person or by any other person duly authorised by the person interested or affected in writing in that behalf. (2) Where an objection is made to the retention or non- inclusion of any name in the Provisional Voters’ Register, the Registration Officer shall call upon the objector or any person authorised in writing in that behalf by the objector to give prima facie proof of the ground of the objection. (3) Where in the opinion of the Registration Officer such prima facie proof is given, the Registration Officer shall require proof of the present qualification for registration of the person in regard to whom the objection has been made and- 249 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] (a) where such person’s qualification is not proved to the satisfaction of the Registration Officer, the Registration Officer shall inform the Director of Elections of the same and the Director of Elections shall delete or cause to be deleted such person’s name from the Provisional Voters’ Register; or (b) where such person’s qualification is so proved, the Registration Officer shall inform the Director of Elections of the same and the Director of Elections shall retain, or as the case may be, include or cause to be retained or included, such person’s name in the Provisional Voters’ Register. (4) Where on the date fixed for inquiry into any objection, the objector or any person authorised in writing in that behalf by the objector, fails to appear or appears but fails to give prima facie proof to the satisfaction of the Registration Officer, the Registration Officer shall retain or cause to be retained the name of the person in regard to whom the objection is made in the Register or, as the case may be, take no steps for the amendment of the Provisional Voters’ Register so as to retain inclusion in the Provisional Voters’ Register of the name of the person in regard to whom the objection is made. (5) Where an objection made by any person other than the Registration Officer or the Director of Elections is disallowed by the Registration Officer and in his opinion, the objection was made without reasonable cause, the Registration Officer may, if he thinks fit, order in writing the objector to pay the person in regard to whom the objection has been made, compensation in such sum as the Commission may, by notice in the Gazette, prescribe. (6) A sum awarded as compensation under this section shall be recoverable as though the order of the Registration Officer were a decree of a district court for the recovery of money. (7) Where an objection is disallowed by the Registration Officer and he is of the opinion that the objection was made without reasonable cause, the deposit of such sum as the 250 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Commission may, by notice in the Gazette, prescribe to be deposited by an objector, shall be liable to be forfeited to the Government by order of the Registration Officer, or where such order is not made, deposit shall be refunded. (8) The validity of the proceedings under this section shall not be questioned by reason only of the Registration Officer inquiring into and determining an objection made by himself, and in any such case the procedure at an inquiry under this section shall commence at the stage at which the Registration Officer required proof of the present qualification of the person in regard to whom the objection is made. (9) The Registration Officer shall decide on the objection under this Part within seven days from the last day of the issuance of the notice of inquiry. [s. 26] Objector or person objected to may appeal Act No. 13 of 2004 s.. 5, 21

Section 33Verify source

§ 34Objector or person objected to may appealProvision

An objector or the person objected to may appeal to a district court within 7 days, and the district court must decide the appeal within 14 days.

34.–(1) Where any objector or person in regard to whom objection has been made is dissatisfied with the decision of the Registration Officer under section 33, the objector or person may, within seven days from the date of such decision, appeal to a district court. (2) The district court shall determine such appeal within fourteen days from the date of submission of an appeal. [s. 27] PART IV APPEALS AND ADDITIONS TO OR DELETION FROM THE PROVISIONAL VOTERS’ REGISTER Appeals to district court Acts Nos. 6 of 1992 s. 10 13 of 2004 s.. 5, 12, 22

Section 34Verify source

Part

PART IV

§ 35Appeals to district courtAmendment

This section sets the rules for appeals to the district court, including grounds, deposits, hearing procedure, and what happens after the court decides.

35.–(1) Every appeal under section 28 or 34 shall state shortly the grounds of appeal, and shall be accompanied by such sum as the Commission may, by notice in the Gazette prescribe, as a deposit. (2) The district court shall hear every such appeal in public giving notice of the time, date and place of the hearing of the appeal to the parties concerned and it shall be on its 251 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] discretion whether to hear or not to hear any evidence and, his determination of the appeal shall be final and conclusive and shall not be called in question in any court. (3) Where the district court has determined an appeal which has been lodged with respect to any Provisional Voter’s Register on the issue of a voter’s card, it shall forward to the Registration Officer a statement containing the names which he has decided shall be deleted from the Provisional Voters’ Register and a statement of a name of any person to whom a voter’s card shall be issued, and the Registration Officer shall inform the Director of Elections on the result of the appeal, and the Director of Elections shall amend or cause to be amended the Provisional Voters’ Register and issue a voter’s card accordingly: Provided that- (a) the district court shall not require the Registration Officer to cause the issuance of another voter’s card where the previous voter’s card has been lost or destroyed, unless such person makes the declaration to the Registration Officer as required under section 27; and (b) in any case to which section 25, 26 or 27 applies and no declaration has been made in accordance with section 27, the Registration Officer may refuse to cause the issuance of another voter’s card until the previous voter’s card issued to the person concerned has been surrendered. (4) Where an appeal is dismissed and the district court is of the opinion that the appeal was made without reasonable cause, it may order that the deposit of such sum as the Commission may, by notice in the Gazette, prescribe to be deposited upon appeal, be forfeited to the Government, or if no such order is made, the deposit shall be refunded. 252 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] (5) A party to an appeal shall not be entitled to any costs or compensation: Provided that, if an appeal is made and allowed by the district court and in his opinion the appeal was made without cause, the district court may, if it thinks fit, order the appellant to pay compensation of such sum as the Commission may, by notice in the Gazette, prescribe and any sum so awarded, shall be recoverable as though the order were a decree of a district court for the recovery of money. (6) Where an appeal has been made under this section, the district court may, whether it allows or dismisses the appeal, order that any deposit forfeited or to be forfeited or any sum of money paid or to be paid by way of compensation in accordance with an order of the Registration Officer under section 33; or so much of such deposit or such sum as the district court may specify shall not be paid or forfeited, or shall be returned to the objector, as the case may be, and any sum ordered to be returned shall be recoverable as though the order was a decree of a district court for the recovery of the money. (7) A witness may be summoned and sworn in the hearing of an appeal under the provisions of this section in the same manner as nearly as circumstances permit as in a trial by a district court in the exercise of its criminal jurisdiction and shall, without prejudice to the provisions of any other law, be subject to the same penalties for giving false evidence or for non-attendance. (8) A person entitled to appear as a party at an appeal brought under the provisions of this section may appear either in person or by an advocate. (9) The procedure and practice of hearing appeals under this section shall be regulated in such manner as the district court shall decide and, without prejudice to the generality of the foregoing, a district court may, if satisfied that two or more appeals involve the same question declare that the decision given in an appeal heard previously shall be binding on the parties to such other appeal or appeals as it shall specify. [s. 28] 253 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Provisions consequential upon additions to, or deletions from Provisional Voters’ Register Act No. 13 of 2004 s.. 5, 12, 23

Section 35Verify source

§ 36Provisions consequential upon additions to, or deletions fromProvision

The Registration Officer must act as if an appeal had not been refused when a person is added to the Provisional Voters’ Register or issued a voter’s card, and must require a deleted person to surrender the card or deliver a declaration within at least 10 days.

36.–(1) Where the name of any person has been added to a Provisional Voters’ Register pursuant to section 33, or any voter’s card has been issued to any person in pursuance of that section, the Registration Officer shall take steps in relation to that person as if he had not refused the application to which the appeal relates. (2) Where the name of any person has been deleted from the Provisional Voters’ Register pursuant to section 33, the Registration Officer shall require such person either- (a) to surrender any voter’s card issued to such person under this Act; or (b) to make and deliver to the Registration Officer the declaration provided for in section 27, within such period, being not less than ten days, as the Registration Officer shall specify and the Registration Officer shall cause to be cancelled any voter’s card so surrendered. [s. 29] CHAPTER III1 PRESIDENTIAL ELECTION PART I PRESIDENTIAL AND VICE-PRESIDENTIAL CANDIDATES NOMINATION2 Presidential and Vice-Presidential Nomination Acts Nos. 21 of 1992 s. 2 32 of 1994 Sch.

Section 36Verify source

§ 62Nominated candidates and election dayProvision

The Commission must appoint election days after nominations and may change them in limited cases.

62.–(1) Where candidates are nominated for election other than a by-election in a constituency, the Commission shall, by notice published in the Gazette, appoint a day not less than sixty days and not more than ninety days after the day on which they have been nominated to stand as candidates for election in the constituency: Provided that, where there are two or more contested elections during a Parliamentary election, the Commission may appoint different election days for different constituency. (2) Where candidates are nominated for a by-election in a constituency, the Commission shall, by notice published in a 267 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Gazette, appoint a day not more than thirty days after the day on which they have been nominated to stand as candidates for election in the constituency. (3) Notwithstanding the provisions of subsections (1) and (2), the Commission may for a reasonable cause or upon the occurance of an event preventing an election to take place, revoke the election day previously appointed and appoint another election day. (4) The Commission shall, on the election day, upon the occurance of an event that prevents an election to take place, appoint another day of election for a particular constituency or constituencies. (5) Where the polling is adjourned under subsection (4), the time, procedure and manner of the subsequent polling shall be as on the original polling day. [s. 46] Notice of election Acts Nos. 6 of 1992 s. 58 10 of 2000 Sch. 7 of 2010 s. 13

Section 62Verify source

§ 63Notice of electionCommencement

If there is a contested election, the Returning Officer must publish notice in the constituency about polling details at least 8 days before election day.

63.–(1) Where there is a contested election the Returning Officer shall on or before the eighth day before the election day, give notice in the constituency in such manner as he may think fit as to the following matters: (a) the day or days and, subject to the provisions of subsection (4), the time or times of commencement and close of the poll; (b) the address of the polling station or stations; (c) in any polling district where there are two or more polling stations, the voters assigned to each polling station; and (d) the full names of a candidates, a recent photographs and acronym or logo of the political party sponsoring candidates, if any. (2) The day appointed for polling pursuant to the provisions of subsection (1)(a) in any polling district, may differ from the day appointed for any other polling districts in the same constituency: Provided that- (a) election day for a constituency shall be the polling day for at least one polling district in that constituency; 268 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] (b) only one day shall be appointed as the polling day for each polling district; and (c) the last day appointed for polling in any polling district in any constituency, shall be not later than such time after election day for the constituency as the Commission may appoint. (3) For the purpose of subsection (1)(a), unless the Commission otherwise directs, the time of commencement of the poll shall be eight o’clock in the morning and the time of closure of the poll shall be six o’clock in the evening or such earlier time as may be specified in the notice. [s. 47] PART V WITHDRAWAL, DEATH OR ABSENCE OF CANDIDATES Withdrawal or cessation of candidature Acts Nos. 6 of 1992 s. 22 8 of 1995 s. 7 13 of 2004 s. 27

Section 63Verify source

Part

Chapter V

§ 48Addition of Presidential votesProvision

The Returning Officer must count and compile Presidential votes, display and submit the constituency results, and give copies of the report to polling agents or candidates. The Commission may order a re-count if accuracy is in doubt and must declare the constituency and national results.

48.–(1) After all the reports of the results and the ballot boxes containing the ballot papers relating to Presidential election, have been received from all the polling stations in the constituency, the Returning Officer shall, after determining the validity of any disputed votes, add together the figures of- (a) all the votes cast in the constituency; (b) the votes in favour of each candidate; and (c) the rejected ballot papers. (2) The Returning Officer shall, after compiling the Presidential results in the constituency, display such results at a conspicuous place. (3) Subject to subsection (2), the Returning Officer shall prepare and submit to the Commission, a report of the partial results of the Presidential election in the constituency. (4) The Commission may direct that the Returning Officer shall, after preparing the report of the results under subsection (2), display a copy of the report in such conspicuous public place. (5) The Returning Officer shall certify and give a copy of the report to each of the polling agents or if present, to the Presidential candidates. (6) The Commission may, where there is any doubt as to the accuracy in the addition of Presidential votes in any constituency, require the repetition of the addition of the figures from the partial results from some or all of the polling stations in the constituency. (7) The Commission shall, after receiving the results submitted to it under subsection (3), declare the results of Presidential election for the particular constituency concerned. (8) Subject to subsection (2), the Commission shall, after adding together all the respective total results submitted to it by each Returning Officer, declare the results of the Presidential election in the country. (9) A Presidential candidate shall be declared to have been elected President if he receives the greatest number of all the valid votes cast. [s. 35F] 259 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Second Ballot Acts Nos. 21 of 1992 s. 2 4 of 2000 Sch. Election of President to be deemed election of Vice-President Act No. 32 of 1994 Sch.

Section 48Verify source

§ 49Second BallotProvision

If no presidential candidate gets the most valid votes at the initial ballot, the Commission must appoint another day for the second ballot and publish notice in the Gazette.

49.–(1) Where at the initial ballot, no Presidential candidate has received the greatest number of valid votes cast, the Commission shall, by notice published in the Gazette, appoint some other convenient day, being not more than forty days after the election day for the second ballot of the Presidential election. (2) Where there is a tie up in the votes for the first highest, the Presidential candidates who tied up shall be the only candidates in the second ballot. [s. 35G]

Section 49Verify source

§ 50Election of President to be deemed election of Vice-PresidentProvision

If a Presidential candidate is declared elected, the running mate is treated as elected Vice-President.

50. Where a Presidential candidate is declared to have been elected, the running mate shall be deemed to have been elected to the office of the Vice-President. [s. 35H] CHAPTER IV PARLIAMENTARY ELECTIONS PART I QUALIFICATION OF CANDIDATES Qualification of candidates for Parliamentary Elections Cap. 2

Section 50Verify source

Part

PART V

§ 64Withdrawal or cessation of candidatureProvision

A candidate may withdraw candidature in writing to the Returning Officer and must include a statutory declaration. The withdrawal must be delivered by the deadline after nomination.

64.–(1) A candidate may withdraw his candidature by notice in writing signed and delivered by him to the Returning Officer and a copy to the local branch of the Party sponsoring him not later than six o’clock in the afternoon of the day following nomination. (2) Every withdrawal notice under subsection (1) shall be accompanied by a statutory declaration in the prescribed form, made and signed by the candidate before a magistrate. (3) Subject to subsection (1), where a candidate withdraws his candidature after six o’clock in the afternoon of the day following nomination the provisions of section 54(2) shall apply. (4) [Omitted.] [s. 48] Death of candidate Act No. 6 of 1992 s. 23

Section 64Verify source

§ 65Death of candidateCommencement

If a candidate dies after 4 p.m. on nomination day and before the poll closes, the Returning Officer must countermand the election, and the Commission must set a new nomination day within 30 days.

65.–(1) Where, after four o’clock in that afternoon on nomination day and before the close of the poll in an election, a candidate in a constituency dies, the Returning Officer shall, upon being satisfied of the fact of death, countermand the election in the constituency. 269 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] (2) In the case where the Returning Officer countermands an election pursuant to the provisions of subsection (1), the Commission shall, by notice published in the Gazette, appoint some other convenient day, not later than thirty days after such countermand, for the nomination of candidates for election in the constituency and the electoral procedure in that constituency shall be commenced afresh: Provided that, a new nomination shall not be required in respect of any other candidate validly nominated at the previous nomination and every such candidate shall be deemed to have been already nominated unless that candidate gives notice of withdrawal. [s. 49]

Section 65Verify source

§ 66Absence of candidatesCommencement

If there are no candidates in a constituency after nomination day, the Commission must countermand the election, set a new nomination day within 30 days, and restart the electoral procedure.

66. Where after a nomination day by reason of death, withdrawal or for any other reason, there are no candidates in a constituency the Commission shall, by notice in the Gazette, countermand the election and appoint another day not later than thirty days after such countermand, for the nomination of candidates for election in the constituency, and the electoral procedure in that constituency shall be commenced afresh. [s. 50] Absence of candidates Acts Nos. 6 of 1992 s. 24 7 of 2010 s. 14 Disqualification of candidates Acts Nos. 7 of 2010 s. 15 17 of 2010 s. 29 Cap. 278

Section 66Verify source

§ 67Disqualification of candidatesProvision

The Registrar of Political Parties may object to a candidate, and the Commission may disqualify the candidate, if the candidate has committed a prohibited practice or failed to follow the Election Expenses Act.

67.–(1) Where the Registrar of Political Parties is satisfied that a candidate has committed a prohibited practice or failed to observe any other requirements of the Election Expenses Act, he may file an objection with the Commission. (2) The Commission may, upon determination of the objection filed by the Registrar of Political Parties on failure of the candidate to observe the provisions of the Election Expenses Act, disqualify the candidate from continuing to participate in the election process. [s. 50A] 270 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Election campaigns Acts Nos. 6 of 1992 s. 25 21 of 1992 s. 2 8 of 1995 s. 8 17 of 1996 Sch. 10 of 2000 Sch. 13 of 2004 s. 28 Cap. 258 Cap. 322 PART VI ELECTION CAMPAIGNS

Section 67Verify source

Part

PART VI

§ 68Election campaignsRepeal

In a contested constituency election, the campaign must be organised by the candidate, the candidate’s party, or the candidate’s agent, and the campaign plan must be given to the Returning Officer.

68.–(1) Where there is a contested election in a constituency, the election campaign shall be organised by the candidate, the candidate’s political party or by his agent. (2) The agent or the candidate’s political party, as the case may be, shall supply the Returning Officer with a schedule indicating the proposed programme for the public meetings of the candidate’s campaign specifying the time and places of those meetings. (3) A candidate or his agent or a political party acting with the approval or consent of the candidate may convene or address any public meeting in the constituency held pursuant to subsection (2), for the purpose of furthering the candidate’s election or undertake any public or door to door canvassing. (4) For purpose of ensuring peaceful and orderly meetings during the campaign period, the Returning Officer shall call a meeting of all candidates or party agents and scrutinize the campaign programmes of all the candidates and if necessary, advise the candidates to make changes for their programs in order to avoid conflicting meetings. (5) Every Returning Officer shall cause a copy of the coordinated programme to be submitted to the District Commissioner and the police officer commanding district within the constituency and such programme shall constitute a notice of the proposed meetings for purposes of the Political Parties Act and the Police Force and Auxiliary Service Act. (6) Notwithstanding subsection (5) of this section, no public meetings shall be held in a constituency for the purpose of furthering the candidate’s election campaigns on any election day or where a new election day has been appointed in accordance with section 62(2), on any other day after the first appointed election day. [s. 51] 271 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Repealed

Section 68Verify source

§ 69RepealedRepeal

Section 69 is repealed.

69. [Repealed by Act No.6 of 1992 s. 26]. [s. 52] Access to and obligation of public media Acts Nos. 6 of 1992 s. 25 8 of 1995 s. 9

Section 69Verify source

§ 70Access to and obligation of public mediaRepeal

Candidates for President and Vice-President and participating political parties may use state radio and television during the official campaign period, subject to subsection (2).

70.–(1) Subject to subsection (2), the candidates for the office of the President and Vice-President of the United Republic and political parties participating in an election shall have the right to use the state radio and television broadcasting service during the official period of election campaign. (2) The Commission shall, after consultations with the candidates, the political parties concerned and the officers responsible for the public media, coordinate the use of the broadcasting rights under this section. (3) Every print media owned by the Government which publishes information relating to the electoral process shall be guided by the principle of total impartiality and shall refrain from any discrimination in relation to any candidate both in the manner they treat the candidates journalistically and in the amount of space dedicated to them. (4) For the purpose of giving effect to this section, the Commission may in writing, issue binding directives to any Government owned media. Repealed

Section 70Verify source

§ 71RepealedRepeal

Section 71 is marked as repealed.

71. [Repealed by Act No.6 of 1992 s. 28]. [s. 53] [s. 54] 272 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] CHAPTER V ELECTION, VOTING PROCEDURE AND NOMINATION OF MEMBERS OF PARLIAMENT FOR WOMEN SPECIAL SEATS4 PART I ELECTION PROCEDURE Polling days and times

Section 71Verify source

Part

PART III5

§ 107Nomination of women for special seatsRepeal

This section sets out how women special seats in the National Assembly are filled through political party nominations and the Commission’s declarations.

107.–(1) There shall be women special seats in the National Assembly as provided for in Article 66 of the Constitution. (2) A political party which contests for Parliamentary election held after the dissolution of the National Assembly may propose to the Commission names of eligible women candidates for nomination to women special seats. (3) The Commission shall specify a number of women candidates to be nominated by each political party. (4) The names of the women candidates proposed to the Commission shall be in the order of preference. (5) The provisions of Article 67 of the Constitution shall apply to every woman who is sponsored by a political party. (6) The Commission shall, subject to Articles 66, 67 and 78 of the Constitution and in accordance with the order of preference indicated in the list proposed by each political party, declare such number of women candidates from the respective political parties as Members of Parliament for women special seats. 5 Act No. 7 of 2010 s. 18 292 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Cap. 2 (7) The Commission shall send a notification of declaration to the Speaker of the National Assembly and to the Secretary General of the respective political parties. (8) The list of names of women candidates proposed to the Commission in accordance with Article 78(4) of the Constitution by each political party for the General Elections shall, subject to Article 76(3) of the Constitution, be the same list that shall be used by the Commission for purposes of filling any vacancy in the office of Member of Parliament for women special seats during the whole period of the life of Parliament. [s. 86A] Repealed

Section 107Verify source

§ 108RepealedRepeal

Section 108 is repealed.

108. [Repealed by Act No.7 of 2010 s.19.] [s. 87] CHAPTER VI OFFENCES Offences in relation to registration Acts Nos. 6 of 1992 s. 39 3 of 2005 s. 8 PART I OFFENCES RELATING TO REGISTRATION AND NOMINATION

Section 108Verify source

Part

CHAPTER VII

§ 135Avoidance of election by election petitionRepeal

This section limits when an election for Member of Parliament can be challenged and voided by election petition.

135.–(1) Pursuant to the limitation imposed by subarticle (7) of Article 41 of the Constitution, the provisions of this section shall apply only in relation to the election of a candidate as a Member of Parliament. (2) The election of a candidate as a Member of Parliament shall be declared void only on an election petition if any of the following grounds is proved to the satisfaction of the High Court and on no other ground, namely- (a) that, during the election campaign, statements were made by the candidate, or on his behalf and with his knowledge and consent or approval, with intent to exploit tribal, racial or religious issues or differences pertinent to the election or relating to any of the candidates, or, where the candidates are not of the same sex, with intent to exploit such difference; (b) non-compliance with the provisions of this Act relating to election, if it appears that the election was not conducted in accordance with the principles laid down in such provisions and that such non-compliance affected the result of the election; or (c) that the candidate was at the time of his election, a person not qualified for election as a Member of Parliament. (3) Notwithstanding the provisions of subsection (2), where upon trial of an election petition in respect of an election under this Act, the High Court finds that corrupt or illegal practice in connection with the election has been committed by or with the knowledge and consent or approval of any of the candidate’s agents and the High Court further finds, after giving the Attorney General or his representative an opportunity of being heard, that the candidate has proved to the High Court- 306 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] (a) that no corrupt or illegal practice was committed by the candidate himself or with the knowledge and consent or approval of such candidate; (b) that the candidate took all reasonable means for preventing the commission of any corrupt or illegal practice at such an election; and (c) that in all other respects corrupt or illegal practice on the part of the candidate, then, if the High Court so determines, the election of such candidate shall not by reason of any such practice be void. Repealed

Section 135Verify source

§ 136RepealedRepeal

This section is repealed.

136. [Repealed by Act No. 7 of 2010 s. 22]. [s. 108] [s. 109] Offences by election officers Acts Nos. 8 of 1995 s. 22 4 of 2000 Sch.

Section 136Verify source

§ 137Offences by election officersOffence

If a Commission member, officer, or person acting under the Commission’s direction knowingly commits or helps commit bribery, treating, corrupt practices, or illegal practices, they may be imprisoned for up to five years on conviction.

137. Where an election it is proved that any offence of bribery, treating, corrupt or illegal practices was knowingly committed or furthered by a member or an officer of the Commission or by a person acting under the direction of the Commission, the member or officer or that other person on conviction shall be liable to imprisonment for a term not exceeding five years. [s. 109A] CHAPTER VIII PROCEDURE AND JURISDICTION OF THE COURT6 Petitions triable by Court Acts Nos. 13 of 1990 s. 18 6 of 1992 s. 50 6 of 1992

Section 137Verify source

Part

CHAPTER VIII

§ 138Petitions triable by CourtOffence

Election petitions must be heard and decided by the High Court, and the Court may require witnesses or other relevant persons to attend.

138.–(1) Every election petition shall be heard and determined by the High Court in this Chapter which shall be referred to as “the Court”, in accordance with the provisions of this Act. (2) Witnesses shall be summoned and sworn in the same manner as nearly as circumstances admit, as in a trial by the court in the exercise of its original civil jurisdiction and shall, without prejudice to the provisions of any other law, be subject 6 Act No. 6 of 1992 s. 50 307 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] to the same penalties for giving false evidence or for non- attendance. (3) On the trial of an election petition under this Act, the Court may by order, compel the attendance of any person as a witness who appears to the court to have been concerned in the election to which the petition refers, and any person refusing to obey such order commits an offence of contempt of court and the court may examine any witness so compelled to attend or any party to the petition and after the examination of such witness by the Court, the witness may be cross-examined by or on behalf of the petitioner, the respondent and the Attorney General or his representative, if present, or any of them. (4) At the hearing of an election petition, the Court shall have power to compel the attendance of any person as a witness who appears to the Court to have been concerned or involved in the election in question or whose evidence may assist the Court to reach a just and fair decision in the matter before it. [S. 110] Petition and procedure for deposit of security for costs Acts Nos. 13 of 1990 s. 19 6 of 1992 s. 51 4 of 2000 Sch. 25 of 2002 Sch.

Section 138Verify source

§ 139Petition and procedure for deposit of security for costsProvision

An election petitioner may have to apply for and pay security for costs, and the Registrar cannot set the hearing date until that security is paid.

139.–(1) An election petition may be presented by one or more of the following persons, namely- (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 nominated or elected at such election; (c) a person alleging to have been a candidate at such election; or (d) the Attorney General. (2) The Registrar shall not fix a date for the hearing of a petition unless the petitioner has paid into the court as security for costs, an amount not exceeding five million shillings in respect of each respondent. (3) The petitioner shall, within fourteen days after filing a petition, make an application for determination of the amount payable as security for costs, and the Court shall determine such application within the next fourteen days following the 308 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] date of filing an application for determination of the amount payable as security for costs. (4) Where any person is made a respondent pursuant to an order of the court, the petitioner shall within fourteen days of the date on which the order directing a person to be joined as a respondent was made, pay into the court a further amount not exceeding three million shillings, as shall be directed by the court in respect of such person. (5) Where, on application made by the petitioner, the court is satisfied that compliance with the provisions of subsection (2) or (4) shall cause considerable hardship to the petitioner, it may direct that: (a) the petitioner gives such other form of security the value of which does not exceed five million shillings, as the court may consider fit; or (b) the petitioner be exempted from payment of any form of security for costs. (6) An order shall not be made under subsection (3), (4) or (5) unless an opportunity has been given to the respondent or, where there are two or more respondents, to each of the respondents to make representations in that behalf. (7) In the event of security for costs not being paid into the court within fourteen days from the date of determination by the court of the amount payable as security for costs, no further proceedings shall be heard on the petition. (8) The provisions of subsections (2) and (3) shall not apply in any case in which the Attorney General is the petitioner or one of the petitioners. (9) The amount of money deposited as security for costs or the balance of it shall, where the petitioner succeeds in the petition or on appeal and where no order as to costs lies against the petitioner, be immediately refunded to the petitioner. [s. 111] 309 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Reliefs which may be claimed Acts Nos. 13 of 1990 s. 20 6 of 1992 s. 51

Section 139Verify source

§ 140Reliefs which may be claimedProvision

A petitioner filing an election petition may claim any of the listed reliefs.

140. In instituting an election petition, a petitioner may claim all or any of the following reliefs to which he may be entitled, namely- (a) a declaration that the election is void; (b) a declaration that the nomination of the person elected Certification as to validity of election Acts Nos. 13 of 1990 S. 20 7 of 2010 s. 23 Report of court on corrupt or illegal practices Acts Nos. 13 of 1990 s. 20 6 of 1992 s. 51 4 of 2000 Sch. 13 of 2004 s. 37 7 of 2010 s. 24 was invalid; (c) a declaration that any other candidate was elected; or (d) where the seat is claimed for an unsuccessful candidate, on the ground that he had a majority of lawful votes, a scrutiny. [s. 112]

Section 140Verify source

§ 141Certification as to validity of electionProvision

The Court must decide election petition outcomes and certify its decision to the Director of Elections.

141.–(1) The Court shall, at the conclusion of the trial or appeal of an election petition, determine whether a Member of Parliament whose nomination or election is complained of, or any other person or which person, was duly nominated or elected, or whether the election was void, and shall certify such determination to the Director of Elections. (2) After the certification made under subsection (1), the election shall be confirmed or a by-election shall be held, as the case may require, in accordance with the certification. [s. 113]

Section 141Verify source

§ 142Report of court on corrupt or illegal practicesOffence

The court must certify corrupt or illegal practices to the Director of Elections, and the Director must update voter records and notify the Returning Officer.

142.–(1) Where the court determines that a person is guilty of any corrupt or illegal practice, it shall certify the same to the Director of Elections and if the person concerned is registered as a voter- (a) the Director of Elections shall delete his name from the register of voters in which he is registered; and (b) the Director of Elections shall inform in writing the Returning Officer for the polling district concerned, of such deletion. (2) At the conclusion of the trial of an election petition or appeal, the Court shall certify to the Director of Elections- (a) whether any corrupt or illegal practice has been proved to have been committed by or with the knowledge and 310 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] consent or approval of any candidate at the election, and the nature of such practice, if any; and (b) the names and other particulars of all persons, if any, who have been proved to the satisfaction of the Court to have been guilty of any corrupt or illegal practice. (3) Before any person, who is neither a party to an election petition nor a candidate on behalf of whom the seat is claimed by an election petition, is certified by the Court under this section, the Court shall give such person an opportunity of being heard and of giving and calling evidence to show cause why he should not be so certified. (4) Where the Court certifies that an offence of corrupt or illegal practice has been committed by any person, that person shall be subject to the same disqualifications as if at the date of that certificate, he had been convicted of the offence of illegal practice. (5) Where the Court certifies that corrupt or illegal practice has been committed by any person with the knowledge and consent or approval of a candidate, then in addition to any other consequences, the candidate shall be subject to the same disqualifications as if at the date of that certificate, he had been convicted of the offence of corrupt or illegal practice. (6) The Director of Elections shall immediately- (a) cause a copy of the certificate issued under this section to be published in the Gazette; (b) delete from the Register the name of any person registered in it, who appears from the record to be disqualified from voting at an election; and (c) inform in writing the Returning Officer for the relevant polling district, of every such deletion of the name of the person who is registered as a voter in that polling district. (7) Immediately upon being so informed, the Returning Officer shall take all steps as may be necessary for ensuring that the person concerned returns the voter’s card and any other relevant document for cancellation. [s. 114] 311 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Time for presentation and determination of election petition and appeal Acts Nos. 5 of 1991 Sch. 6 of 1992 s. 52 31 of 1997 Sch. 7 of 2010 s. 25

Section 142Verify source

§ 143Time for presentation and determination of election petition and appealProvision

Election petitions must be filed within 30 days, and the Court must decide petitions and appeals within 12 months; the Minister responsible for legal affairs may extend the time by up to 6 months in limited cases.

143.–(1) Every election petition shall be presented within thirty days from the date of the declaration for the results of the election by the Returning Officer. (2) The Court shall hear and determine an election petition within twelve months from the date of filing a petition. (3) The Court shall hear and determine an appeal within twelve months from the date of lodging the appeal. (4) An appeal lodged pursuant to this section shall lie to the Votes to be struck off at scrutiny Acts Nos. 13 of 1990 s. 22 6 of 1992 s. 51 13 of 2004 s. 38 Court of Appeal. (5) Where the election petition case is unlikely to be determined within twelve months, the Minister responsible for legal affairs may, after the consultation with the Chief Justice and by notice published in the Gazette, extend the prescribed time for further period not exceeding six months as he shall determine. [s. 115]

Section 143Verify source

§ 144Votes to be struck off at scrutinyOffence

At scrutiny of an election petition, only certain votes may be struck off, including votes cast by unregistered persons, impersonators, multiple voters (except the first identifiable vote), and persons disqualified from voting.

144.–(1) Upon a scrutiny at the hearing of an election petition only the following votes shall be struck off, namely- (a) the vote of any person, other than a candidate or an official voting under subsections (4) or (5) of section 19 whose name was not in the register of voters of the polling district in which he voted; (b) the vote of any person who committed or procured the commission of the offence of impersonation at the election; (c) the votes of any person proved to have voted more than once at such election except the first vote recorded by such person, where such first vote can be identified to the satisfaction of the Court; (d) the vote of any person who, by reason of a conviction for the offence of illegal practice or by reason of the certificate of the Court, or by reason of any conviction for an offence against this Act or any other law, was disqualified from voting at an election. 312 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] (2) The vote of a registered voter shall not, except in the case specified in subsection (1)(d) of this section, be struck off at a scrutiny by reason only of the voter not having been, or not being qualified to have his name entered into the register of voters. [s. 116] Rules of Court Acts Nos. 13 of 1990 s. 23 6 of 1992 s. 53

Section 144Verify source

§ 145Rules of CourtRepeal

The Chief Justice may make court rules for election petitions and related applications, including procedure, practice, and fees, and rules made under this Chapter must be published in the Gazette.

145.–(1) The Chief Justice may make rules of Court regulating the procedure and practice to be followed and prescribing the fees to be paid on and in relation to election petitions and applications under this Chapter. (2) Rules made under this Chapter shall be published in the Gazette. Repealed

Section 145Verify source

§ 146RepealedRepeal

Section 146 is repealed.

146. [Repealed by Act No.13 of 1990, s. 24]. [s. 117] [s. 118] Inaccurate descriptions CHAPTER IX FINANCIAL AND MISCELLANEOUS PROVISIONS

Section 146Verify source

Part

CHAPTER IX

§ 147148. Powers of Director of Elections and Returning Officers toProvision

A misnamed or inaccurately described person or place in a relevant register, notice, or document does not affect how the Act operates for that person or place if they are still identifiable.

147. A misnomer or inaccurate description of any person or place named or described in any Register, notice or other document, prepared or issued under or for the purposes of this Act, shall not in any way affect the operation of this Act as respects that person or place, if that person or place is so described in such Register, notice or document as to be identifiable. [s. 119] Powers of Director of Elections and Returning Officers to demand information

Section 147Verify source

§ 148Powers of Director of Elections and Returning Officers toOffence

Election officials may demand information needed to check voter or candidate eligibility, and a person who refuses or unreasonably delays giving lawful requested information commits an offence.

148.–(1) In the exercise of respective duties under this Act, the Director of Elections and Returning Officers or any other person concerned with the conduct of voting or with the registration of voters, shall at all times have power to demand information from any person necessary to ascertain if a person is qualified to stand as candidate, and to identify any person or 313 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] the place of abode of any person, and to ascertain whether any person has become disqualified from voting or from standing as a candidate. (2) A person who, after any lawful demand of information made under the provisions of subsection (1), fails to give such information which is within his knowledge or possession or unreasonably delays in giving the same commits an offence and on conviction, shall be liable to a fine of not exceeding two thousand shillings. [s. 120] Remuneration of staff Act No. 6 of 1992 s. 54

Section 148Verify source

§ 149Remuneration of staffProvision

Certain staff must receive reasonable remuneration unless they already hold an office of employment in the service of the United Republic.

149. The Director of Elections, Returning Officer, and any other persons employed under and for the purposes of this Act shall, if not holding an office of employment in the service of the United Republic, receive such reasonable remuneration for the services as the Commission sees fit to authorise. [s. 121] Expenses to be charged on Consolidated Fund

Section 149Verify source

§ 150Expenses to be charged on Consolidated FundProvision

Certain election-related expenses must be paid out of the Consolidated Fund.

150. All expenses incurred- (a) in the preparation of the registers, the issue of voter’s card and in doing such other matters or things as may be required to be done for the purpose of carrying out the provisions of this Act; (b) by the Commission, the Director of Elections, Returning Officers and any other person employed in the conduct of an election; (c) in the remuneration of the officers specified in section 149; and (d) by any public officer in connection with any official matter connected with or arising out of an election, shall be a charge on and paid out of the Consolidated Fund. [s. 122] Service of notice Act No. 6 of 1992 s. 55

Section 150Verify source

§ 151Service of noticeProvision

A notice under the Act is treated as served if it is delivered personally, left at the person's last known address, or sent by registered post to that address.

151. A notice under this Act shall be deemed to have been served on or given to any person- (a) where served on him personally; (b) where left for him at his last known address; or 314 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Regulations Act No. 6 of 1992 s. 56 (c) where sent by registered post addressed to him at his last known address. [s. 123]

Section 151Verify source

§ 152RegulationsProvision

The Commission may make regulations to carry out this Act and may prescribe forms and declarations.

152.–(1) The Commission may make Regulations for the better carrying out of the provisions of this Act and without prejudice to the generality of the foregoing, may make regulations prescribing- (a) anything, which under the provisions of this Act, may be prescribed; and (b) forms of documents and declarations for the purposes of this Act. (2) Where any forms have been prescribed under this section such forms shall be used for the purposes to which they relate or to which they are capable of being adopted and may be translated into and used in such language as the Commission may direct. [s. 124] Electoral Code of Conduct Act No. 7 of 2010 s. 26

Section 152Verify source

§ 153Electoral Code of ConductOffence

The Commission must make and publish the Electoral Code of Conduct, and political parties, candidates, the Government, and the Commission must subscribe to it.

153.–(1) The Commission shall, for the purpose of promoting fair, free and orderly elections, and upon consultation with all political parties and the Government, make and publish in the Gazette the Electoral Code of Conduct prescribing - (a) ethical conducts for political parties, the Government and the Commission during election campaigns and elections; and (b) mechanisms for enforcement of the Electoral Code of Conduct. (2) The Electoral Code of Conduct shall be subscribed to by- (a) every political party; (b) every candidate before he submits the nomination form; (c) the Government; and (d) the Commission, 315 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] and shall bind the parties signatory to the Electoral Code of Conduct. (3) A person who contravenes the provisions of the Electoral Code of Conduct shall be liable to a penalty as may be prescribed by the Electoral Code of Conduct. [s. 124A] Exemption from stamp duty

Section 153Verify source

§ 154Exemption from stamp dutyProvision

An instrument made on oath or affirmation in the prescribed form is exempt from stamp duty.

154. An instrument made on oath or affirmation pursuant to the provisions of this Act in the form prescribed, shall be exempted from stamp duty under any written law for the time being in force relating to stamp duties. [s. 125] Directives

Section 154Verify source

§ 155DirectivesProvision

The Commission may issue general or specific directives about Returning Officers, presiding officers, other employed persons, or any purpose of the Act, but the directives must not conflict with the Act or regulations under section 152.

155. The Commission may, subject to the provisions of this Act, issue directives of a general or of a specific character in relation to the functions of Returning Officers presiding officers and other persons employed or for any of purposes of the Act: Provided that, such directive shall not be inconsistent with any provision of this Act or of regulations made pursuant to section 152. [s. 126] Replacement of registers etc.

Section 155Verify source

§ 156Replacement of registers etcRepeal

The Director of Elections may direct that a voters’ register be replaced with a new Register when the Director considers it necessary.

156. Where, in the opinion of the Director of Elections, it is necessary to replace any register of voters for any reason, it shall be lawful for the Director of Elections to direct that such register be replaced by a new Register. [s. 127] CHAPTER X REPEAL AND TRANSITIONAL PROVISIONS Repeal

Section 156Verify source

Part

CHAPTER X

§ 157RepealRepeal

This section repeals the Elections Act No. 25 of 1970.

157. [Repeals the Elections Act No. 25 of 1970]. [s. 128] 316 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE NATIONAL ELECTIONS ACT [CAP. 343 R.E. 2023] Savings Act No. 1 of 1985 s. 129

Section 157Verify source

§ 158SavingsRepeal

This section keeps certain election forms, subsidiary legislation, and Commission directions in force by treating them as made under this Act.

158. Notwithstanding the repeal of the Elections Act, 1970- (a) all forms approved by the Commission for the purposes of this Act, shall be deemed to be forms prescribed by regulations made under section 152 of this Act; and (b) all subsidiary legislation made under the Act repealed by section 157 and all directions issued by the Commission and still in force, shall be deemed to have been made under this Act until repealed or revoked under this Act. Omitted

Section 158Verify source

§ 159OmittedProvision

This section is omitted.

159. [Omitted]. [s. 129] [s. 130] 317 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.

Section 159Verify source

Legislative relationships

26 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

13 instruments

Application Act
Section 27
Candidates Act
Section 52
Chapter IV Act
Section 47
Chapter IV of this Act
Section 46
Commission Act
Sections 4, 126
Conduct Act
Section 152
Conduct The Commission must make and publish the Electoral Code
Section 153
Court Act
Section 144
Criminal Procedure Act
Section 111
Debts) Act
Section 112
Election Expenses Act
Sections 53, 56, 67
Elections Act, 1970
Section 158
Elections shall exercise and perform all such functions and duties as are conferred upon him by this Act
Section 9

N–S

8 instruments

Parliament for women special seats. 5 Act
Section 107
Part II of Chapter V of this Act
Section 91
Political Parties Act
Section 68
President to be deemed election of Vice-President Act
Section 48
Presiding officer after counting Act
Section 95
Provisional Voters’ Register Act
Section 28
Regional Election Coordinators and duties of pubic officers Act
Section 12
Returning Officers presiding officers and other persons employed or for any of purposes of the Act
Section 155

T–Z

5 instruments

Tanzania who has attained the age of eighteen years and who is not disqualified by this Act
Section 14
This section repeals the Elections Act
Section 157
Vote Method of voting Act
Section 76
Voters Act
Section 16
Votes Act
Section 87

Recorded versions and source checkpoint

1 version available in this collection

Current-law checkpoint

Undated version · currentEnglish

This relationship view does not by itself establish whether another instrument remains in force.

Check official source

Source-linked research

Ask AI about this statute

The overview, provisions, and source records above are public. Continue in a separate conversation with this statute’s jurisdiction and source version attached.

Explore more

The National Elections Act

Publicly available, excluded from search-engine indexing

Purpose and legislative effect

How the instrument operates

Start with the recorded version

Locate the controlling provision

Read conditions and exceptions together

Verify currency and official wording

Research entry points

Source and current-law status

Source record view

Sections and provisions

Search within this statute

26 referenced instruments

Recorded versions and source checkpoint

Ask AI about this statute