Electoral Commission Act

This section provides definitions of terms used in the Act, including "commission", "constituency", "currency point", "election officer", "Minister", "polling day", "returning officer" and "secretary".

The commission must have a seal, decide its form, and determine when the seal is to be used (subject to any law).

Parliament may, by resolution and subject to article 63, prescribe the number of constituencies; the commission shall demarcate those constituencies.

The commission must be a body corporate and has the powers of a body corporate, including perpetual succession, a common seal, and the ability to sue and be sued; some powers are subject to the Constitution.

Members of the commission must, before assuming duties, take and subscribe the oath in the Second Schedule; persons appointed before commencement must take and subscribe that oath as soon as practicable.

Members of the commission must hold office on a full-time basis.

The commission must have a secretary (a public officer appointed in consultation with the Public Service Commission); the secretary must meet specified qualifications and perform functions assigned by the commission; the commission may remove the secretary only for incapacity, misbehaviour or incompetence; the commission must staff and appoint other officers in consultation with the Public Service Commission; public officers may be seconded to the commission.

If a person appointed to the commission was immediately previously a public service officer, that prior public service is to be counted as service with the commission for leave, pay in lieu of leave, and for calculating pension, gratuity and other retiring benefits.

The commission may grant unpaid leave on application to an officer who takes up appointment under another Act; that leave counts as service and the officer may be entitled on return to appointment at no lower classification.

The commission must decide by consensus where possible; if not, decisions are made by majority voting. The quorum is five. The secretary must record and keep minutes. The commission may act despite absences and may regulate its own procedure, subject to the Act and the Constitution.

The secretary must administer and control all funds of the commission and shall be the accounting officer in accordance with the Public Finance Act.

The commission has multiple specific powers to run elections (including appointing polling days, handling ballot papers and boxes, operating polling stations, promoting civic education and ensuring free and fair conduct); it may accredit nonpartisan voter educators and engage experts; certain persons must supply requested registration information to the commission; ballot papers must be authenticated; and failing to provide required information or providing false information is an offence punishable by a fine not exceeding thirty currency units or up to twelve months imprisonment.

The commission must be independent and, when performing its functions, must not be subject to the direction or control of any person or authority.

The commission may assign duties to officers or organisations, may revoke or transfer those duties or assume their performance, and may, where necessary, assume functions of an election officer under any law.

The commission must examine and decide written complaints about electoral irregularities not resolved at a lower level and, if confirmed, correct the irregularity; appeals lie to the High Court, which may make orders and must hear appeals expeditiously; the Chief Justice must make rules of court in consultation with the Attorney General.

The commission may accredit election observers; it must issue guidelines; observers must report in writing within six months of result declaration; no one may observe without prior accreditation; contravention attracts a fine up to fifteen currency points or imprisonment up to six months or both.

The commission may bring actions in any court in Uganda and seek any remedies available under the law when performing its functions.

The commission must compile, maintain and update a national voters register (including constituency and polling‑station rolls).

Persons aged eighteen or above must apply to be registered as voters; registered voters who wish to vote in a different parish or ward must apply to transfer registration; transfers can only occur during register revision or updating; voters surrender their voters card and are struck off previous rolls when transfer is effected; the commission must update the voters register to a date appointed by statutory instrument; unregistered persons are not qualified to vote; a voter has a right to vote in the parish or ward where registered.

There shall be as many electoral districts as there are administrative districts.

The commission must appoint a registrar (a public officer) for each district to maintain and update the voters register; the registrar must perform functions specified by the commission or returning officer and must not be subject to direction or control by any person or authority other than the returning officer and the commission.

The commission may appoint assistant registrars and register update officers when a general update of the voters register is about to take place, and only for such period and on such terms as the commission determines.

District registrars must have charge and custody of the voters register for their district under the supervision of the commission; for updating the register they must use application forms provided by the commission. District registrars and update officers may demand information from applicants and may require voters or applicants to complete an application within a specified period.

Voters rolls must be open to public inspection at the returning officer's office during office hours and made available at subcounty headquarters and polling stations; inspectors may copy the roll without fee at their expense without removing it; the commission must print rolls, sell copies on payment and, when a printed roll printed immediately before an election contains names of entitled voters, publish in the Gazette that the printed roll will be used for voter identification.

Before any election, the commission must appoint a display period of not less than 21 days for parish/ward voters rolls; during that display any person may object to names; objections are addressed to the returning officer through the parish council chairperson; the returning officer must appoint a five‑member tribunal (with specified composition) to determine objections; tribunal decisions are subject to review by the commission.

The commission may design, print and control voters cards; voters may hold only one valid card; contravening that rule is an offence with fines or imprisonment; the commission may recall and reissue cards when necessary.

If a voter's card is lost, destroyed, defaced, torn or otherwise damaged the voter must notify in writing the returning officer (or an officer authorised by the returning officer) at least seven days before polling day; if satisfied the returning officer or that officer must issue a duplicate marked "DUPLICATE"; no person may issue a duplicate on polling day or within seven days before polling day; contravention of that prohibition is an offence punishable by a fine not exceeding thirty currency points or imprisonment not exceeding one year or both.

Any person must not possess, sell, or buy voters cards unlawfully; the property in voters cards vests in the commission, and the commission may withdraw cards from persons who cease to be voters.

Prohibits a range of fraudulent or obstructive acts relating to voter registration by any person, including false statements, failing to provide information after requisition, impersonation, transmission of false declarations, procuring improper registrations, duress or hindrance of registration.

The commission must appoint a returning officer for each electoral district by notice in the Gazette; it may remove returning officers for listed reasons; when a vacancy occurs an appointment must be made within 14 days; corrupt behaviour is defined to include acts of dishonesty in connection with duties.

A returning officer must, on appointment, in writing and with the commission's approval, appoint an assistant returning officer (who must be qualified as a voter and resident in the electoral district) and publish notice in the Gazette; the returning officer may delegate duties in writing to that assistant.

An assistant returning officer can be removed by the returning officer who appointed them with the commission's approval; if the returning officer dies or their term expires the assistant remains until a successor appoints a new assistant; if an assistant becomes unable to act the returning officer must immediately appoint a substitute under section 31.

Returning officers may establish polling stations (with the commission's approval) and, when needed, polling centres; if multiple stations are colocated the returning officer must inform voters, separate stations sufficiently and ensure orderly voting.

Returning officers must appoint one presiding officer and up to three polling assistants per polling station; they may replace officers for good cause before polling day, may appoint up to four counting officers per constituency, and may appoint a replacement presiding officer if the appointed one dies or cannot act; if no replacement is appointed the oldest polling assistant acts as presiding officer.

The commissioner must publish decisions on constituency boundary demarcation in the Gazette and media.

A person aggrieved by the commission's demarcation decision may appeal to the tribunal established under this Act within thirty days after the decision is published in the Gazette and media.

Establishes a Constituency Boundary Demarcation Appeal Tribunal, provides that a tribunal shall consist of three persons appointed by the Chief Justice, allows the Chief Justice (in consultation with the commission) to constitute one or more tribunals, and permits the Chief Justice to specify how long a tribunal shall exist.

The chairperson must be qualified to be appointed as a High Court judge; other tribunal members must have qualifications and experience as the Chief Justice requires and must be of high moral character and proven integrity.

Members of a tribunal must be paid the remuneration that Parliament prescribes; the Chief Justice may remove a tribunal member for incapacity, misbehaviour or incompetence.

Upon hearing an appeal under article 64(2) of the Constitution, a tribunal may confirm, reverse, vary or remit the commission's decision for reconsideration.

Tribunals have certain High Court powers (such as enforcing witness attendance, examining witnesses on oath, and compelling documents); the Chief Justice may make tribunal procedure regulations in consultation with the Attorney General; persons summoned who refuse, lie, or act in a way amounting to contempt may be subject to sanction; tribunals must hear appeals under this Part expeditiously.

The Chief Justice may designate a public officer as registrar of a tribunal; the Judicial Service Commission may provide other public officers to tribunals.

A person summoned and appearing as a witness before a tribunal is entitled to be reimbursed for expenses equivalent to allowances payable to a High Court witness in criminal proceedings.

A witness before a tribunal has the same immunity and privileges as a witness before the High Court.

A person aggrieved by a tribunal decision may appeal to the High Court within thirty days after the decision.

The High Court's decision on an appeal from the tribunal under this Part is final.

The provisions of this Act apply to referenda with necessary modifications.

No person shall hinder any person from voting.

Members, employees, and other persons acting under the commission's direction are exempt from personal liability to civil proceedings for acts done in good faith while performing the commission's functions.

During an election, if unforeseen circumstances make a provision impractical, the commission may by instruction extend timeframes, increase officers or polling stations, or adapt provisions to meet the exigencies of the situation.

The Minister may, in consultation with the commission, by statutory instrument make regulations for carrying out the commission's functions; such regulations must be laid before Parliament within fourteen days of Gazette publication and Parliament may annul them by resolution within twenty-one days.

The Minister may amend the First Schedule to this Act by statutory instrument with the approval of the Cabinet.