Parliamentary Elections Act, 2005

Section Interpretation Section In this Act, unless the context otherwise requires— “ agent ” by reference to a candidate , includes a representative and polling agent of a candidate ; “ authorised mark of choice ” means the tick or mark

Elected members must take specified oaths; persons may not sit or vote before taking and subscribing those oaths (except to take them).

A by- election shall not be held under this section within six months before the holding of a general election of members of Parliament.

Sets qualifications and disqualifications for Members of Parliament; requires candidates to prove Advanced Level (or equivalent) qualifications to the Commission within set timeframes; requires employers to grant leave to employees seeking nomination; forbids the Commission from accepting statutory declarations as proof; allows appeal to the High Court against the Council's certificate decisions.

It is prohibited for a person to forge or utter forged academic certificates (including those purporting to be issued by the National Council for Higher Education or for nomination in elections); conviction carries a minimum fine of seventy two currency points or minimum three years imprisonment or both.

The Commission must transmit to every returning officer specified election materials, instructions, copies of voters’ rolls, report books and sufficient funds for expenses, when necessary and immediately after an election is appointed; ballot papers must be sent as soon as practicable after nomination days and in any case not later than three days before polling day.

Election officers, candidates, clerks, candidate agents and others present at polling stations must maintain and aid in maintaining the secrecy of voting; specified persons shall not communicate or attempt specified acts revealing how voters voted; a person assisting a disabled voter must not reveal whom that voter intends to vote for; a person must take and subscribe the oath in Form EO before assuming election officer duties; contravention is an offence punishable by a fine not exceeding twenty four currency points or imprisonment not exceeding one year or both; an election officer who reveals matters learned by virtue of appointment commits an offence with the same penalties.

Rules for counting votes at each polling station including opening ballot box, counting votes for each candidate, recording counts in figures and words, signatures on declaration forms by presiding officer and candidates or agents, and procedures when signatures are refused or absent.

During the counting of votes, candidates, their agents or any voter present may raise objections to ballot papers; presiding officers must record each objection, decide questions arising, number and mark related ballot papers and ensure witnessing; the presiding officer's decision is final except for reversal on recount or petition.

A vote is invalid in specified cases (torn ballot, unauthorised mark, or mark placed so choice cannot be reasonably ascertained).

Presiding officers must complete multiple copies of the prescribed declaration of results form, post a copy at the polling station, distribute copies to report book, Commission and candidates/agents, seal and deliver copies in specified ways, sign the form and announce results.

Presiding officers must, immediately after polls close, deliver or transmit declared results, the sealed ballot box and report book to the designated collection point or returning officer; polling agents may accompany at their own expense.

A returning officer must keep election documents and ballot boxes secure, take precautions, check seals, and if a box is defective record observations and affix a Commission-supplied seal; the Commission must not order destruction of documents before settlement of any disputes.

The returning officer must open envelopes and tally votes in the presence of candidates or their agents; the returning officer may use forms from the presiding officer’s report book or open the ballot box in specified circumstances and must re-seal the ballot box after ascertaining results.

The returning officer must recount the votes when there is a tie or the margin is less than fifty if a candidate, a candidates' agent, or a registered voter requests in writing, and the recount occurs in the presence of a senior police officer after written notice to interested parties.

Within seven days after a returning officer declares a winner any candidate may apply to the Chief Magistrate for a recount; the Chief Magistrate must set a recount time within four days of the application and a candidate requesting a recount must deposit security of thirty currency points.

If a recount under section 55 does not change the poll result affecting the returning officer's declaration under section 58, the court may order the applicant for the recount to pay the declared candidate's costs; the court shall order the liable party to pay any shortfall from the deposit.

If counting, tallying or recounting of votes is interrupted (for example by riot or violence), the presiding officer or returning officer must adjourn the process, inform the appropriate authority, and when adjourned the ballot boxes must be kept in safe custody while candidates or their agents may be present to watch until counting resumes.

Returning officers must declare the candidate with the most votes, transmit specified documents to the Commission, submit a detailed district report within seven days after the election, and delay transmission if a recount notice is received until a court certificate is received.

The Commission must declare and publish election results within 48 hours of polling, must report on each general election to the Minister who must present the report to Parliament, and candidates/agents have the right to send written complaints or suggestions to the Commission.

Parliament must review reserved representations under article 78(1)(b) and (c), and may by resolution (simple majority) retain, increase or abolish them; the Minister may make regulations under section 100 prescribing election methods for several representative groups.

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

Sets the procedure and requirements for nomination of candidates for Parliament, including who may nominate, contents of the nomination paper, fees, photographs, name and occupation format, issuance of certified duplicate, convoy limits, and penalties for contravention.

Returning officers must refuse nomination papers that are signed by non‑qualified voters, contain allegations of ineligibility shown on the paper, show major name variations from the voters roll, or have substantial imperfections; nomination papers must be signed by persons who are qualified voters; returning officers must announce duly nominated candidates immediately after nomination time expires.

A person shall not be treated as duly nominated and the nomination paper shall be void if specified formal requirements are not met (signing/countersigning, fee lodged), if the person is unqualified under section 4, if nominated for another constituency where the poll has not occurred, or if section 4’s provisions were not complied with.

When no candidate is nominated the returning officer must report to the Commission, which must set a new polling day and the Chairperson must appoint fresh nomination days; if only one candidate is nominated the returning officer must declare that person elected and notify the Commission which must publish a Gazette notice; if an additional candidate is later nominated the Commission and returning officer must revoke the notice and declaration.

A voter registered on a constituency's voters roll may inspect nomination papers filed for that constituency during office hours on nomination day at the returning officer's office, and may inspect nomination papers after nomination time closes during any prescribed period and subject to prescribed times and conditions.

If a person's nomination paper is rejected or treated as void, the returning officer must promptly notify that person with reasons; the person may complain to the Commission within seven days of rejection, and the Commission may confirm or reverse the returning officer's decision within seven days of receiving the complaint.

The Commission must, as soon as practicable after the nomination days, allocate symbols or colours to candidates: party-sponsored candidates receive their party symbol; independent candidates may choose a symbol or colour; in other cases the Commission allocates an appropriate symbol or colour. Symbols/colours for independent or other cases must come from those approved by the Commission. A person must not be allocated a symbol or colour with tribal, religious or other sectarian connotations.

The Commission must appoint polling day and specify the time and place for tallying votes; returning officers must publish and allow inspection of presiding officers' and polling assistants' lists at least ten days before polling day; the Commission must appoint polling day within forty five days after nomination days; the tally time at a general election must be within forty eight hours after polling day.

A nominated candidate may withdraw before polling day by written notification signed by them and witnessed by two registered voters; returning and presiding officers have duties to notify and inform voters and presiding officers; where a candidate is party-sponsored the party Secretary General or authorised person may sign and file the notification.

If withdrawals leave only one candidate, the returning officer must immediately declare that candidate elected unopposed.

The Commission must publish a Gazette notice appointing two nomination days and must indicate the places and times for nominations and the hours for each nomination day.

Sets rules for campaign programmes: the Commission may set timing and must publish it; candidates must submit programmes; returning officers must avoid scheduling conflicts; candidates may use local language; Commission must ensure security; candidates have a right to campaign subject to the section.

During the campaign period public officers, public authorities and institutions must, as far as possible, give equal treatment to all candidates; persons campaigning must not use language that incites disorder, violence, war, hatred, or is defamatory or insulting; candidates enjoy freedom of expression and access to information; the Commission may issue campaign guidelines; contraventions are offences with specified fines or imprisonment.

Candidates are entitled to reasonable access to State-owned communication media; candidates may publish campaign materials (subject to other law) and may use private electronic media for their own campaigns but must not use private electronic media to campaign for other candidates; persons publishing election commentary must include the author’s name and address.

A person must not use symbols or colours with tribal, religious or other sectarian connotations (or political party symbols/colours under the movement political system) as the basis for candidature or campaign.

Before or during an election, a person must not engage in actions (such as promoting hatred, organising violent training, obstructing voters, compelling voting choices or candidatures, threatening, or inducing fear of illness or spiritual displeasure) intended to affect or prevent a candidate's election.

Candidates must not use government or public resources for campaigning except as authorised; ministers and other political office-holders must limit official facilities to official duties during the campaign period; the Commission may require written statements of facilities and candidates must comply; contravention is an offence with fines or imprisonment.

If a candidate dies after nominations but before polling day, the commission must fix fresh nomination days; previously validly nominated candidates need not be re-nominated.

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

The Commission must publish, by notice in the Gazette, a list of polling stations and a list of nominated candidates (alphabetical with surnames first); it must also forward each list to returning officers, who must publish the lists widely in their constituencies.

The Commission must provide serial numbers of ballot papers and seals to candidates and parties; party agents may be present during packing and dispatch; replacements of seals must be documented and witnessed.

Polling stations must be sited in accessible open ground or large premises; polling hours are 7:00–16:00; voters may not carry concealment items; registered voters on the roll with a valid card are entitled to vote; polling stations stay open after closing to allow voters present or in line to vote.

This section prescribes polling and polling procedure requirements including voting by secret ballot, arrangement of tables and ballot box, use of indelible ink on a voter’s thumb (or alternative body part), and that the presiding officer must demonstrate an empty ballot box at the start of the poll.

Persons must not vote or attempt to vote more than once; presiding officers or polling assistants must inspect voters' fingers before issuing ballots and refuse ballots where there are reasonable grounds or refusal to be inspected; refusal plus voting is an offence with specified penalties.

Candidates may attend polling stations in person or via up to two appointed representatives or polling agents; appointments must be in writing to the presiding officer; appointed agents must report, be positioned to crosscheck voters, and are entitled to an allowance determined by the Commission.

Voters must vote without undue delay; voters may leave once their ballot is placed in the box; the presiding officer may allow certain categories to vote without queuing.

Voters must produce their voter’s card (or prove name/photo on the register) to obtain a ballot paper; presiding officers or polling assistants must issue ballot papers when satisfied and must tick the voters’ roll; persons may not vote unless their name is on the roll. Contravention of subsection (5) is an offence with specified penalties.

If a voter spoils a ballot paper so it cannot be used, the voter must return it to the presiding officer, who must deface it (two diagonal lines and the word “spoilt”) and give the voter another ballot paper.

The presiding officer must record in the voters’ register or roll, opposite the voter’s name, that the voter has voted on a second ballot paper issued under the same name, that a declaration of identity was made, and any objections by candidates.

Voters who cannot mark a ballot due to blindness, illiteracy, old age or disability may be accompanied and assisted by a person; family members may assist; presiding officers must refuse assistance unless permitted; election officers, candidates' agents and observers may not assist; assistance must be voluntarily requested by the voter.

The Commission may make special voting arrangements for patients, persons in care institutions, and persons in operation areas; it must publish a list of operation areas in the Gazette and must not create polling stations exclusively for the army or security personnel.

A person’s claim to vote cannot be rejected solely because of minor errors in the voters’ register or roll; similarly a female voter’s claim cannot be rejected solely because her surname changed due to marriage and the registers were not updated.

During elections and the campaign and polling period, every returning officer, presiding officer or authorised agent of the Commission is a keeper of the peace with the powers of a justice of the peace; they may require police assistance, warn or arrest persons disturbing order and may detain arrested persons until up to an hour after poll closure, and must report any arrests with details in the specified Second Schedule form.

Presiding officers must ensure polling is free and secure; they may appoint local election constables in specified circumstances, must ensure appointed constables swear the prescribed oath, and must record appointments and reasons for requesting police assistance.

People are prohibited from being armed or bringing arms within one kilometre of a polling station during polling day, except when authorized by lawful authority or by virtue of office; contravention is an offence with a fine up to twenty four currency points or up to one year imprisonment or both.

A person must not use a loudspeaker or similar device within hearing distance of any polling station on any polling day for the purpose of promoting or opposing any candidate.

A person must not post or display campaign materials or wear emblems indicating support or opposition in or on polling stations; agents of candidates may wear an authorised label identifying their role; candidates may meet with their agents and facilitators; contravening this section is an offence punishable by a fine up to twenty four currency points or imprisonment up to one year.

If polling at a polling station is interrupted by riot, violence or another event while some registered voters have not finished voting, the presiding officer must adjourn polling to the next day or another time the same day and must immediately inform the returning officer.

Candidates’ agents and any voter at a polling station may submit written complaints and may obtain information about counting; the presiding officer must accept, initial and annex complaints and must deliberate and resolve presentations with polling assistants, but may postpone deliberation if necessary to allow voting to continue.

A candidate who loses, or a registered voter with at least 500 supporting constituency signatures, may file an election petition; registrars must transfer misfiled petitions and the court may award costs.

An election may be set aside by the court only on specified grounds (including substantial non-compliance with election provisions, wrong person being declared winner, illegal practices or offences connected with the election involving the candidate, or lack of qualification/disqualification at the time of election); if set aside, a fresh election is held subject to section 63; grounds must be proved on balance of probabilities.

The petitioner must, within seven days after filing the petition, serve the respondent(s) with a written notice of presentation and a copy of the petition.

At the conclusion of the trial of an election petition the court shall determine whether the respondent was duly elected or whether any other person was entitled to be declared duly elected.

At the trial of an election petition the court may summon and examine persons likely to assist; parties may cross-examine persons summoned by the court; a witness who wilfully makes material false statements is guilty of an offence punishable by a fine not exceeding twenty four currency points or imprisonment not exceeding one year or both.

A petitioner who withdraws a petition must pay respondent costs; persons who could have been petitioners may apply to be substituted, and the court has powers to substitute petitioners and to order security remain if withdrawal was induced by corrupt bargain.

Persons aggrieved by High Court election petition decisions may appeal to the Court of Appeal; the Court of Appeal must hear and determine such appeals within six months and may suspend other pending matters; decisions on parliamentary election petitions are final.

An election petition ends (abates) when the sole petitioner, or all petitioners, die.

Prohibits giving or receiving money, gifts or other consideration to influence voting (bribery) around elections; imposes fines up to seventy two currency points or imprisonment up to three years; treats subsection (1) offences as illegal practices; forbids candidates/agents from fundraising during campaigning.

A person must not vote, or induce or procure another to vote at an election, if they know that they or that person are prohibited by law from voting; doing so "commits an illegal practice."

A person who publishes a false statement about a candidate's illness, death or withdrawal before or during an election, with the purpose of helping their candidate and knowing it is false (or lacking reasonable grounds to believe it true), commits an illegal practice.

A person who wilfully obstructs a voter or an aspiring candidate at specified election-related places or on the way to or from them commits an illegal practice.

A person who commits an illegal practice under section 68(5), (6) or (8), or under sections 69, 70 or 71 commits an offence and is liable to a fine of up to forty eight currency points or imprisonment for up to two years, or both.

A person must not, before or during an election and for the purpose of affecting or preventing the election of a candidate, make or publish (or cause to be made or published) a false statement about the personal character of a candidate when they know it is false, have reason to believe it is false, or are reckless as to its truth.

Disorderly conduct at campaign meetings to prevent meeting business is an offence punishable by up to twenty four currency points or one year imprisonment; the chairperson may order removal and use reasonable force; returning without the chairperson's permission is an offence punishable by up to twelve currency points or six months imprisonment.

A presiding officer must furnish election returns to the returning officer within the required time; failure without lawful excuse is an offence punishable by a fine not exceeding twenty four currency points or imprisonment not exceeding one year or both.

Lists specific offences relating to voting, including forging or destroying election documents or ballot papers, unauthorized supply, sale, possession or printing of ballot materials, interfering with ballot boxes, and marking another person's ballot.

It is prohibited for a person who knowingly votes when not entitled or to vote more than once at an election.

An election officer or other person with election duties must not perform specified wrongful acts such as making false entries, improperly permitting or refusing votes for persons with disabilities, wilfully preventing voting, wrongfully rejecting or counting papers, or acting in breach of official duty.

Voting as some other person is the offence of personation.

Creates an offence of undue influence where a person, directly or indirectly, uses or threatens force or violence, inflicts or threatens temporal or spiritual injury or harm by abduction, duress or fraud, or impedes or prevails upon a voter to vote or refrain from voting; sets maximum fines and imprisonment on conviction for different subsection cases.

Persons are prohibited from engaging in political campaigning activities and selling alcohol near polling stations on polling day; contraventions are an offence punishable by a fine not exceeding twenty four currency points or up to one year imprisonment or both.

It is an offence for a person without lawful excuse to destroy, mutilate, deface or remove notices or documents exhibited under this Act, or maliciously to deface, remove or tear election posters of nominated candidates; convicted persons face a fine up to twenty four currency points or up to one year imprisonment or both; a court must report such convictions to the Commission within fourteen days.

A person who wilfully obstructs or interferes with an election officer executing duty commits an offence and is liable on conviction to a fine of up to seventy two currency points or imprisonment for up to three years or both.

The Minister may, with the Commission's recommendation and Parliament's approval, make regulations by statutory instrument to prescribe matters required or authorized by the Act; employers must provide employees an opportunity to vote in any election.

The Parliamentary Elections Act, 2001 is repealed; until Parliament and the Commission set and demarcate constituencies under article 63, Uganda must use the constituencies listed in the First Schedule to the Parliamentary Elections (Interim Provisions) Statute, 1996.

A member of Parliament shall vacate his or her seat in Parliament

Electorate and certain special interest groups have the right to recall their Member of Parliament by petition; the Speaker and the Commission have specified procedures and timeframes for verifying and investigating such petitions.

The High Court has jurisdiction to determine whether persons have been validly elected or offices vacated; specified persons may petition and appeal; courts must proceed expeditiously and the High Court must decide within twelve months.

A person cannot be prosecuted for an offence under this Act without written consent of the Director of Public Prosecutions; if no consent is obtained within three months from arrest or charge the person charged is discharged; property of ballot papers is vested in the Commission.

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

A person who has voted at an election must not be required, in any legal proceedings, to say for whom they voted.

A person must not wilfully interrupt, obstruct or disturb proceedings under this Act in connection with an election; doing so is an offence punishable by a fine not exceeding twenty four currency points or imprisonment not exceeding one year, or both.

Any person required by this Act to give a public notice may give it by publication in a circulating newspaper or by posting at magistrates’ court offices or other Commission-determined places.

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

The Chief Justice, in consultation with the Attorney-General, may make rules about practice and procedure for jurisdictions exercisable by the High Court and for appeals, including procedures for election petitions and applying civil practice rules with modifications.

When a member of Parliament's seat becomes vacant due to a final determination of an election petition (or a petition under section 86), that determination does not invalidate anything the member did in the supposed exercise of their office before the determination.

When the High Court declares a Member of Parliament’s seat vacant after a petition under section 8, that declaration does not cause the member to vacate the seat until specified conditions (unsound mind, bankruptcy, imprisonment, specified convictions and appeal outcomes) occur.

The Commission has the power to oversee and supervise elections and, if requested by the Minister, to conduct related preliminary or other elections under any enactment.

If a matter is required to be published in the Gazette, it must also be published as soon as practicable in a newspaper circulating in the relevant area.

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

If a new political system is adopted under article 74, the Minister may, with the prior approval of Parliament, make regulations (including different campaigning provisions) necessary to give effect to that change for this Act.