Presidential Elections Act, 2005

This section provides definitions of terms used in the Act (for example: agent; aspirant; authorised mark of choice; campaign period; candidate; Commission; Commission Act; election officer; polling agent; voter; voters’ register).

Presidential elections are to be held by universal adult suffrage by secret ballot and are required in several specific circumstances before the end of a President's term.

A presidential aspirant may consult and carry out campaign preparations (including nationwide consultations, preparing a manifesto, fundraising lawfully, and convening meetings); while consulting the aspirant must introduce themselves to the Commission and notify the local council and police.

Sets qualifications for presidential candidates (citizenship by birth, registered voter, Advanced Level or equivalent), evidence verification by Commission and NCHE processes, resignation or leave requirements for public officers, employer leave obligations, appeal right to High Court, and Chief Justice rulemaking power.

It is an offence for a person to forge or utter a forged academic certificate for election purposes; a court must sentence a convicted person to at least seventy two currency points fine or at least three years imprisonment, or both.

The Commission must provide returning officers with copies of the Act, instructions, voters' rolls, report books and materials, funds for expenses, and must supply ballot papers in time for polling.

Persons at polling stations and those assisting disabled voters must keep voting secret; certain communications and inducements are prohibited; election officers must take an oath; breaches are offences punishable by a fine up to twenty four currency points or up to one year imprisonment or both.

Candidates must submit a signed nomination paper by nomination day with specified supporting voters and attachments (declaration, fee, photographs); persons may not subscribe to more than one nomination paper and breaches carry fines or imprisonment.

A person shall not be regarded as duly nominated and the nomination paper shall be void if any of several defects or disqualifications listed apply (e.g. missing signatures/seconders, missing list of registered voters, non-compliance with section 10(6), not qualified under section 4, or already duly nominated as MP).

The deposit payable under section 10 shall be received by the Commission, which shall issue a general receipt in respect of the deposit.

A registered voter may inspect nomination papers at specified times and places, including during office hours on nomination day at the returning officer's office, and after nomination closure subject to prescribed periods and conditions.

If a nomination paper is rejected or regarded as void under section 10, the returning officer must immediately notify the person with reasons; the person may complain to the Commission; the Commission may confirm or reverse the returning officer's decision.

The Commission must, as soon as practicable after the nomination days, allocate symbols or colours to candidates: the symbol of their sponsoring registered political organisation or party if sponsored; or a symbol or colour chosen by an unsponsored candidate from symbols and colours approved by the Commission; and a person must not be allocated a symbol or colour with a tribal, religious or other sectarian connotation.

The Commission must appoint polling day and designate tallying times and places by Gazette notice; returning officers must publish lists of presiding officers and allow inspection, and at presidential elections tallying must occur within 48 hours of polling day.

A duly nominated presidential candidate may withdraw before polling day by written notification signed by the candidate and witnessed by two registered voters (or signed/filed by a sponsoring party's Secretary‑General or authorised person); the Commission or returning officer must notify the Gazette and, if time permits, print and distribute notice; each presiding officer on polling day must post and inform voters; a withdrawing candidate who does so within thirty days after nomination must refund funds under section 22.

If a candidate dies after nominations close and before polls close, the Commission must set fresh nomination days; if it does so the remaining validly nominated candidate need not be renominated, and the Commission may postpone the election if necessary.

If, at the close of nominations, only one candidate is nominated, the Commission must publish and declare under its seal within forty eight hours that the candidate is elected unopposed, effective from the date fixed for the poll under section 16.

If all other candidates withdraw leaving only one candidate, the returning officer must immediately declare that remaining candidate elected unopposed.

Making a materially false declaration under section 10(6)(a), or lacking reasonable grounds to believe it true, is an offence punishable on conviction by a fine not exceeding twenty four currency points or imprisonment not exceeding one year or both.

The Commission must publish a Gazette notice appointing two nomination days and must state the places, times and hours for nominations.

Under the multiparty system, nominations may be made by a registered political organisation or political party sponsoring a candidate, or by a candidate standing as an independent without sponsorship.

It is an offence to give money, gifts or other consideration with intent to influence voting before or during an election; recipients also commit the offence; certain refreshments/food at campaign planning meetings are excepted; offering alcoholic beverages before close of polls is an illegal practice; soliciting donations during campaign period is prohibited.

It is an illegal practice for a person to vote or to induce or procure another person to vote at an election when they know that the other person is prohibited by law from voting at that election.

A person must not publish a false statement about a candidate's illness, death or withdrawal before or during an election to promote or procure another candidate's election, with specified mental-state qualification.

A person who wilfully obstructs a voter or an aspiring candidate at elections or on nomination days at polling or nomination locations (or en route to/from them) commits an illegal practice.

A person who commits an illegal practice under sections 64(4),(5),(6) or (8) or section 65, 66 or 67 commits an offence and is liable to a fine not exceeding forty eight currency points or imprisonment not exceeding two years or both.

The commission may set when and how campaigns occur and must publish and send that information; candidates (or their agents) must hold rallies only between 7:00 and 18:00; contravening that time is an offence with fines or imprisonment; candidates may hold meetings but must follow a submitted programme for public meetings.

The Commission must ensure state organs provide security and protection for candidates during the campaign; the Commission must consult candidates about their security detail; candidates must keep records and submit a return disclosing assistance within thirty days after the election; candidates (or agents) are prohibited from getting assistance from specified foreign governments or persons; the Government must present prohibited foreign actors to Parliament at least three months before nomination day; offences carry fines or imprisonment.

Public officers, authorities and institutions must give equal treatment to all candidates during the campaign; candidates have freedom of expression and access to information subject to the Constitution and other law; persons campaigning must not use language that incites disorder, violence, hatred, defamation or threats of war; the Commission may issue campaign guidelines; contraventions attract fines or imprisonment.

Rules on campaigning: candidates may publish campaign materials and use private electronic media during the campaign period but must not publish anonymous election commentary or make false, malicious, sectarian or derogatory statements; the Commission must ensure equal treatment of presidential candidates on State-owned media, and State-owned media houses must notify candidates within fourteen days after nomination day of available broadcast time; specified offences attract fines and/or imprisonment.

A person must not use symbols or colours with tribal, religious or other sectarian connotations, nor symbols or colours of political organisations or parties (under the movement political system), for candidature or campaign purposes; contravention is an offence punishable by fines or imprisonment.

Prohibits a person, before or during an election and for the purpose of affecting or preventing a candidate's election, from engaging in specified acts (e.g. promoting disharmony on protected grounds; organising violent or abusive training; obstructing voters; compelling voters or candidates; threatening candidates or voters; inducing fear of illness or spiritual displeasure).

Persons are prohibited from using Government resources to campaign in elections unless authorised; the President (if a candidate) may use facilities ordinarily attached to the office; the Minister responsible must lay a statement before Parliament identifying those facilities; contravention is an offence punishable by fine or imprisonment.

Within forty-eight hours before polling day, every returning officer must furnish each presiding officer in the district with ballot papers, a statement of supplied ballot paper serial numbers, and other necessary voting materials.

The Commission must give parties and candidates the serial numbers of ballot papers and seals for each polling station; party agents may be present during packing and dispatch; any replacement of seals must be documented by the presiding officer and witnessed by agents.

The Commission must publish constituency polling-station lists and candidate name lists in the Gazette and forward those lists to returning officers; returning officers must ensure wide local publication.

Polling stations must be sited to allow access (including for persons with disabilities and the aged); polling runs from 7:00 to 16:00; voters may not carry bags when voting; registered voters with their voter card are entitled to vote; if qualified voters are present at closing the station must stay open to allow them to vote.

Voting is by secret ballot at each polling station; presiding officers must not probe voters’ choices and must demonstrate empty ballot boxes at the start of polling; voters must mark, fold and deposit ballot papers and have ink applied to indicate voting, with specified adaptations if a voter lacks thumbs or hands; contravention carries fines or imprisonment.

People must not vote or attempt to vote more than once; presiding officers or polling assistants must inspect voters' fingers for indelible ink before issuing a ballot and must refuse a ballot if they reasonably believe the voter has already voted or if the voter refuses inspection; refusing inspection and voting is an offence punishable by a fine up to twelve currency points or imprisonment up to six months or both.

A candidate may attend polling stations in person or via representatives; a candidate may appoint up to two written representatives/polling agents; appointed agents must report and be positioned to verify voters.

Every voter must vote in accordance with section 31 without undue delay; voters may leave the polling station after their ballot is placed in the box; the presiding officer may allow certain voters to skip the queue.

Presiding officer or polling assistant must issue a ballot paper to a qualifying voter and mark the voters’ roll; persons may not vote unless their name appears on the roll; contravention of that prohibition is an offence with specified penalties.

If a voter inadvertently spoils a ballot paper so it cannot be used, the voter must return it to the presiding officer; the presiding officer must deface the spoilt paper and give the voter another ballot paper.

The presiding officer must record in the voters register/roll when a voter has voted on a second ballot paper under the same name; a person who is the second claimant is only entitled to a ballot and to vote after making a declaration of identity; false or reckless statements in such declarations are covered by an offence provision.

Voters unable to mark the ballot due to blindness, illiteracy, old age or disability may be assisted at the polling station by a person of their choice or another person present (subject to subsection (4)); family members may assist even if under eighteen; presiding officers must refuse assistance unless satisfied it is permitted; election officers, candidates' agents and observers may not assist; no person may assist more than one voter; assistance must be voluntarily requested by the voter.

The commission may make special voting arrangements for certain election administrators in restricted and operation areas and must publish those provisions and the list of such areas.

A person’s claim to vote must not be rejected solely because a name is omitted or misspelt, or the wrong village is entered, if the presiding officer is satisfied the person is sufficiently identified; similarly, a female voter’s claim must not be rejected solely because her surname changed by marriage is not reflected in the register or roll.

During an election and the campaign and polling period, returning officers, presiding officers and authorised Commission agents are keepers of the peace with the powers of a justice of the peace; they may request police assistance, warn or arrest persons disturbing order, imprison arrested persons until up to one hour after poll closure, and must report arrests in the prescribed form.

Presiding officers must ensure polling is free and secure. Outside urban polling stations and when no police are present, presiding officers may appoint local residents as election constables (subject to conditions); appointed constables must take a specified oath; appointments must be announced and recorded; presiding officers may request police assistance and must record reasons. "Urban area" is defined.

People must not carry or approach polling stations with deadly weapons on polling day, except when authorized or entitled by office; breach is an offence with fines or imprisonment.

A person must not use loudspeakers or similar devices to promote or oppose any candidate within hearing distance of a polling station on polling day.

A person must not display campaign materials or badges indicating support for or opposition to a candidate in or on a polling station on polling day; agents and candidates have limited exceptions; contravention is an offence with fines up to twenty four currency points or up to one year imprisonment or both.

If polling at a polling station is interrupted while there remain voters who have not completed voting, the presiding officer must adjourn the polling, seal and transfer the box, and inform the returning officer.

Candidates’ agents and voters at a polling station may submit written complaints and have a right to information; the presiding officer must accept, initial and annex complaints, deliberate and resolve them with polling assistants, and may postpone resolution when necessary.

Presiding officer and candidates/agents must sign and retain a declaration; presiding officer must open ballot boxes and count votes in view of all, provide light when required; candidates are entitled to be present or represented during voting and counting.

Candidates, their agents or any voter present may raise objections during counting; presiding officers must record objections and decide questions; presiding officer decisions are final except when reversed on court-ordered recount.

A vote is invalid if the ballot paper is torn, if the voter marks it with an unauthorised mark, or if the mark makes the voter’s choice not reasonably ascertainable; invalid votes are not counted.

Presiding officers must fill prescribed declaration of results forms, post and distribute copies as specified, seal the ballot box in presence of candidates or agents, and failure to post a copy without reasonable cause is an offence punishable by a fine (up to 12 currency points) or imprisonment (up to six months) or both.

Presiding officers must promptly transmit or deliver results after polls close; they must deliver declared results, sealed ballot box and report book to designated Commission officers; polling agents may accompany at their own expense.

A returning officer must safeguard election documents and ballot boxes on receipt, taking precautions, checking seals, recording defects, and affixing a Commission-supplied seal; the Commission must not direct destruction of documents before settlement of any election disputes.

The returning officer must open received envelopes and add up votes in the presence of candidates or their agents; the returning officer may open and tally even if some envelopes are missing when candidates/agents and a police officer (not below inspector) are present; may use the presiding officer’s declaration form from the report book if an envelope lacks results; may open the ballot box to obtain that form if the report book lacks it, but must re-seal the ballot box immediately after ascertaining results.

If counting or tallying is interrupted by riot, violence or another reasonable cause, the presiding officer or returning officer must adjourn the counting to the next day or another time of the same day and immediately inform the specified recipient; candidates or their agents are entitled to watch the ballot boxes while counting is adjourned.

Returning officers must declare and record votes, transmit specified election documents electronically to the Commission with copies to parties and candidates, and submit a district report within seven days after the election.

The Commission must ascertain, publish and declare presidential election results (in specified form) within 48 hours; publish them in national media and Gazette; produce a detailed report; candidates and their agents have the right to send written complaints for that report; a declaration by the Commission bearing its seal is evidence of election.

A person elected President must assume office within 24 hours (timing depends on whether elected during a predecessor's term or declared elected) and must take and subscribe the required oaths before assuming duties.

An aggrieved candidate may petition the Supreme Court within fifteen days after declaration; the Court must decide expeditiously and give reasons within forty five days, and may dismiss, declare, annul or order a recount; where no timely petition is filed (or it is withdrawn or dismissed) the declared candidate is conclusively taken to have been duly elected.

During the trial of an election petition the court may summon and examine persons likely to assist, parties to the petition may cross-examine persons summoned by the court if they wish, and a witness who makes a materially false (or recklessly false or unknown) statement is identified in the provision.

An election petition cannot be withdrawn except with the court's leave; candidates may apply to be substituted; the court may substitute applicants and direct notice or security arrangements; petitioners who withdraw (or original petitioners in certain corrupt cases) are liable for respondents' costs.

An election petition ends if the sole petitioner dies or if all the petitioners die.

If an election petition sets aside a person's election as President, that decision does not invalidate anything the person did before the decision while purporting to exercise presidential functions.

A person must not make or publish (or cause to be made or published) a false statement about the personal character of a candidate before or during an election intended to affect that candidate's election, when the person knows or has reason to believe it is false or is reckless as to its truth.

It is an offence for a person to act disorderly at a candidates' meeting to disrupt the meeting; the chairperson may remove such persons and use reasonable force; removed persons may not return without permission; contravening the return rule is also an offence.

Presiding officers must furnish election returns to the returning officer within the required time; failure without lawful excuse is an offence.

Prohibits a person from forging, defacing, destroying, altering, supplying, selling, purchasing, possessing without entitlement, placing unauthorised items into ballot boxes, removing ballot papers, interfering with ballot boxes, printing unauthorised ballot papers, or marking another person's ballot paper with intent to record that person's vote.

A person who knowingly votes when not entitled or votes more than once at an election commits the offence described.

Election officers and other election duty-holders must not make false entries, improperly allow or deny disability voting, prevent entitled persons voting, reject or count ballots improperly, or act without reasonable cause in breach of duty.

It is an offence for a person to vote as someone else (including a living, dead or fictitious person); on conviction the person may be fined up to one hundred and twenty currency points or imprisoned for up to five years or both.

It is an offence for a person to use force, threats, abduction, duress or fraudulent devices to induce or compel someone to vote or refrain from voting.

On polling day, a person must not perform specified campaigning, gathering, or alcohol-selling activities within defined distances of polling stations; contravention is an offence punishable by a fine up to twenty four currency points or up to one year imprisonment or both.

Destroying, mutilating, defacing or removing notices or election posters (maliciously for posters) is an offence punishable by a fine up to twenty four currency points or up to one year imprisonment or both; courts must report convictions in writing to the Commission within fourteen days.

A person who wilfully obstructs or interferes with an election officer in the execution of the officer’s duty commits an offence and is liable on conviction to a fine not exceeding seventy two currency points or imprisonment not exceeding three years or to both.

A public officer must not campaign, solicit votes or public support for a candidate, nor use or permit use of public resources for campaigning or soliciting support.

A person must not be prosecuted for an offence under this Act without the written consent of the Director of Public Prosecutions.

Criminal proceedings for an offence under this Act must be commenced within three months of the alleged offence, or within one month after a court finds on trial of a petition that an offence may have been committed.

A person who has voted at an election is entitled not to be required to state who they voted for in any legal proceedings.

A person who wilfully interrupts, obstructs or disturbs any election-related proceeding, or disturbs the peace and good order of such proceedings, commits an offence and on conviction is liable to a fine not exceeding twenty four currency points or imprisonment not exceeding one year or both.

When a public notice must be given by any person under this Act, it is sufficient if published in a local newspaper, posted outside every magistrates court office in the area, or placed in other places the Commission determines, except where publication in the Gazette or another manner is expressly directed.

If an act required by this Act must be done on a day that falls on a Saturday, Sunday or public holiday, it must be done on the next day after that Sunday or public holiday (and if that day is also a Saturday, Sunday or public holiday, then on the next such day).

When a matter must be published in the Gazette, it must also, as soon as practicable, be published in a newspaper circulating in the relevant area.

The Minister may, with the prior approval of Parliament, make regulations necessary to give effect to adoption of a new political system for the purposes of this Act.

The Minister may, on the recommendation of the Commission and with Parliament's approval, make regulations by statutory instrument to give effect to this Act; regulations may provide penalties for contraventions not exceeding a fine of twelve currency points or imprisonment (text as cited).

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

The Presidential Elections Act is repealed; instruments made under it that are in force at commencement continue, with necessary modifications, until revoked or replaced under this Act; constituencies for elections under this Act are those used for parliamentary elections under the Parliamentary Elections Act.