Electoral Act, 2006
This section is titled “Administration, enforcement and prosecution” and refers to interpretation for the voters registration and voters roll part.
- Jurisdiction
- Zambia
- Instrument
- Act or statute
- Citation
- Act 12 of 2006
- Version
- Undated source snapshot
- Language
- en
- Official source
- View official record ↗
Statute overview
About this statute
This section is titled “Administration, enforcement and prosecution” and refers to interpretation for the voters registration and voters roll part. This section concerns qualification for registration as a voter. Section 6 concerns applications for registration as a voter. Section 7 is titled “Disqualification from registration as a voter.” This section is about registration in the voters register for a constituency.
Search within this statute
Search all stored provisions in this version.
Legal text
Provisions of Electoral Act, 2006
Showing 178 of 178
- 3 Verify source ↗
Administration, enforcement and prosecution
This section is titled “Administration, enforcement and prosecution” and refers to interpretation for the voters registration and voters roll part.
3. Administration, enforcement and prosecution Interpretation ^ART II Registration of Voters and Voters Roll - 5 Verify source ↗
Qualification for registration as voter
This section concerns qualification for registration as a voter.
5. Qualification for registration as voter - 6 Verify source ↗
Application for registration as voter
Section 6 concerns applications for registration as a voter.
6. Application for registration as voter - 7 Verify source ↗
Disqualification from registration as a voter
Section 7 is titled “Disqualification from registration as a voter.”
7. Disqualification from registration as a voter - 8 Verify source ↗
Registration in voters register for constituency
This section is about registration in the voters register for a constituency.
8. Registration in voters register for constituency - 9 Verify source ↗
Application to change registration details
This section is about changing registration details.
9. Application to change registration details - 12 Verify source ↗
Appeal against decision of election officer
This section concerns appeals against a decision made by an election officer.
12. Appeal against decision of election officer - 15 Verify source ↗
Publication and copies of voter’s roll
This section is titled “Publication and copies of voter’s roll.”
15. Publication and copies of voter’s roll PART HI Qualifications to Vote and Additional Matters Relating to Elections
Part
PART HI
- 21 Verify source ↗
Nomination of presidential candidate
This section is about nominating a presidential candidate.
21. Nomination of presidential candidate - 22 Verify source ↗
Additional disqualification for election to National Assembly
Section title only: Additional disqualification for election to National Assembly.
22. Additional disqualification for election to National Assembly - 25 Verify source ↗
Proclamation of dissolution of Parliament
This section is titled “Proclamation of dissolution of Parliament.”
25. Proclamation of dissolution of Parliament - 29 Verify source ↗
Postponement of voting at polling station
Single copies of the Act may be obtained from the Government Printer, at a price of K15,500 each.
29. Postponement of voting at polling station Single copies of this Act may be obtained from the Government Printer. P.O. Box 30136, 10101 Lusaka. Price K15,500 each - 35 Verify source ↗
Appointment of election agents and polling agents
Section 35 is about appointing election agents and polling agents.
35. Appointment of election agents and polling agents - 36 Verify source ↗
Powers and duties of election and polling agents
This section is titled “Powers and duties of election and polling agents.”
36. Powers and duties of election and polling agents - 38 Verify source ↗
Criteria for determining polling district boundaries
This section sets out criteria for determining polling district boundaries.
38. Criteria for determining polling district boundaries - 39 Verify source ↗
Inspection and copies of maps of polling districts
Section 39 concerns inspection and copies of maps of polling districts.
39. Inspection and copies of maps of polling districts - 41 Verify source ↗
Relocation of polling station in emergencies
This section is about relocating a polling station in emergencies.
41. Relocation of polling station in emergencies - 46 Verify source ↗
Voting materials
Section 46 is titled “Voting materials” and appears in Part IV on Election Officers.
46. Voting materials PART IV Election Officers
Part
PART IV
- 48 Verify source ↗
Powers and duties of presiding officer
Section 48 is titled “Powers and duties of presiding officer.”
48. Powers and duties of presiding officer - 50 Verify source ↗
Powers and duties of polling assistant
Section heading for the powers and duties of a polling assistant.
50. Powers and duties of polling assistant 51 Appointment of counting assistant - 52 Verify source ↗
Powers and duties of counting assistant
Section 52 is titled “Powers and duties of counting assistant.”
52. Powers and duties of counting assistant - 54 Verify source ↗
Powers and duties of additional persons
This section concerns the powers and duties of additional persons.
54. Powers and duties of additional persons - 55 Verify source ↗
General provisions concerning appointment of election officer
Section 55 is a heading for general provisions concerning appointment of an election officer.
55. General provisions concerning appointment of election officer PARTV Polling Day Activities - 56 Verify source ↗
Election officers at polling stations
Section 56 is titled “Election officers at polling stations.”
56. Election officers at polling stations - 64 Verify source ↗
Completion of ballot paper account and sealing of voting materials
This section concerns completing the ballot paper account and sealing voting materials.
64. Completion of ballot paper account and sealing of voting materials - 67 Verify source ↗
Counting of votes and determination of provisional results
Section 67 concerns counting votes and determining provisional results.
67. Counting of votes and determination of provisional results - 68 Verify source ↗
Objections concerning sorting of ballot papers
This section concerns objections about how ballot papers are sorted.
68. Objections concerning sorting of ballot papers - 69 Verify source ↗
Objections concerning counting of votes and determination of
This section concerns objections about counting votes and determining provisional results.
69. Objections concerning counting of votes and determination of provisional results - 70 Verify source ↗
Procedure concerning provisional results and voting materials
Section 70 is titled “Procedure concerning provisional results and voting materials.”
70. Procedure concerning provisional results and voting materials - 71 Verify source ↗
Verification procedure for votes counted elsewhere
This section sets out the verification procedure for votes counted elsewhere.
71. Verification procedure for votes counted elsewhere - 72 Verify source ↗
Objections concerning verification procedure
This provision is about objections concerning the verification procedure.
72. Objections concerning verification procedure - 74 Verify source ↗
Determination and declaration of final result of election
This section is titled “Determination and declaration of final result of election.”
74. Determination and declaration of final result of election PART VI Observers, Monitors and Voter Education - 25 Verify source ↗
(I) Subject to subsection (2), whenever the President proclaims the
When Parliament is dissolved, the President must set the polling day for the general election by statutory instrument, and the date cannot be more than 90 days after dissolution.
25. (I) Subject to subsection (2), whenever the President proclaims the dissolution of Parliament in accordance with the Constitution, the President shall, by Statutory instrument prescribe the date of the polling day for a general election. Election time table (2) The President, when determining the polling day under subsection (1), shall not set a date later than ninety days from the date of the dissolution of Parliament. - 26 Verify source ↗
(1) The Commission shall, immediately after the polling day is
The Commission must, right after the polling day is prescribed, prepare and publish an election timetable in the Gazette. It may later amend that timetable in the Gazette if needed for a free and fair election or if polling day is postponed.
26. (1) The Commission shall, immediately after the polling day is prescribed under section thirty-five. (a) compile an election timetable for each election to provide for the following: (i) the date and method for the submission of nominations; (ii) the date and method for the acceptance of nominations; (iii) the closing date of the registration of voters; (iv) the dates for verification of the provisional voters register: (v) the opening and dosing dates of the electoral campaign; (vi) the date of the election and voting, hours for the election; (vii) any other relevant for any act to he performed; and (viii) any other relevant information; and (b) publish the election time table in the Gazette. (2) The Commission may amend the election timetable by notice in the Gazette- (a) if it considers it necessary for a free and fair election; or (b) if the polling day is postponed under section twenty-nine. - 27 Verify source ↗
(I) Every public officer and public entity shall give and be seen to
Public officers and public entities must treat all candidates equally; candidates and political parties have a right to fair and balanced reporting in public media; the Commission may prescribe a campaign code of conduct; and candidates or parties may publish campaign materials if the Commission prescribes the manner and nature of them.
27. (I) Every public officer and public entity shall give and be seen to give equal treatment to all candidates to enable each candidate to conduct Electoral campaign that candida 1 e's campaign freely. (2) Every candidate and political party shall have the right to have the substance of the candidate’s or political party's campaign propaganda reported in all public media in a fair and balanced manner. (3) The Commission shall prescribe a code or conduct to be complied with by every political party and candidate during an election campaign: (4) A candidate or political party may, during an electoral campaign, publish campaign materials of such a nature and in such a manner as may be prescribed by the Commission. (5) For the purposes of this section "campaign propaganda" means any activity, statement or any other form of expression aimed at promoting particular political ideas, policies and strategies for purposes of obtaining votes for any candidate or political party contesting an election. - 28 Verify source ↗
The Commission may postpone the polling day fur an election,
The Commission may postpone an election’s polling day if it is satisfied this is necessary for a free and fair election and the new day still falls within the constitutional period.
28. The Commission may postpone the polling day fur an election, provided the Commission is satisfied that- General postponement of election (a) the postponement is necessary for ensuring a free and fair election; and (b) the polling day for the election shall still fall within the period as required by the Constitution. Postponement of voting at polling station - 29 Verify source ↗
(1) If it is not reasonably possible to conduct a free and fair election at
The Commission may postpone voting at a polling station if a free and fair election cannot reasonably be conducted there, and only before voting starts.
29.(1) If it is not reasonably possible to conduct a free and fair election at a polling station on a prescribed polling day, the Commission may, at any time before voting at the polling station has commenced, postpone voting at that polling station. (2) A postponement under subsection (1) shall be— (a) effected in the prescribed manner; (b) to a day that would still fall within the period referred to in paragraph (b) of section twenty-eight; and (c) publicised in the media so as to ensure wide publicity of the postponement of the polling day at the polling station. Re-voting at polling station - 30 Verify source ↗
(1) If ballot papers used in an election at a polling station are lost,
If ballot papers at a polling station are lost, destroyed, or unlawfully removed before votes are determined and announced, the Commission must allow a re-vote there.
30. (1) If ballot papers used in an election at a polling station are lost, destroyed or unlawfully removed before the votes cast at the polling station have been determined and announced, the Commission shall allow a re-vote at that polling station. (2) A re-vote at a polling station shall be- (a) conducted on a date that would still fall within the period referred to in paragraph (b) of section twenty-eight; (b) publicised in the media so as to ensure wide publicity of the date determined for the re-vote; and (c) conducted in accordance with a procedure prescribed by the Commission which is consistent with the principles provided for in Part VI. Voters’roll for election - 31 Verify source ↗
(1) The voters' roll, or the segments of the voters' roll, that shall be
The Director of Elections must certify and publish the voters' roll, or the relevant segments, by the deadline in the election time-table, and make it available for inspection at specified venues.
31. (1) The voters' roll, or the segments of the voters' roll, that shall be used for an election shall be such as exist on the day the election is set. (2 ) The Director of Elections, by not later than the relevant date stated in the election time-table, shall certify the voters' roll or the segments of the voters' roll to be used in that election and publish it by making it available for inspection at the following venues: (a) at the Commission's head office, being the segments for all voting districts in which the election shall take place; (b) in each Province, at the office of the Commission's provincial representative, being the segments for all voting districts in the Province in which the election shall take place; and (c) at the office of each local authority, being the segments for alt voting districts in that locality in which the election shall take place. - 32 Verify source ↗
The Commission shall prescribe the date, and time and place
The Commission must set the date, time, place, and procedures for nomination submission and acceptance in an election.
32. The Commission shall prescribe the date, and time and place for submission and acceptance of nominations in an election and the manner and procedures for such nomination. - 33 Verify source ↗
(1) Every person who desires to be candidate for election in any
A person who wants to be a candidate in a constituency must lodge a nomination paper with the returning officer in the prescribed manner and form.
33. (1) Every person who desires to be candidate for election in any constituency shall lodge with the returning officer for that constituency that person’s domination paper in the manner and form prescribed (2) A nomination submitted under subsection (1), may be withdrawn at any time, before the expiry of the period appointed for lodging nomination papers in respect of the constituency concerned, if the candidate delivers to the election officer a written notice to that effect. - 34 Verify source ↗
(1) In an election, a person shall only lodge nomination papers in
A person may lodge nomination papers in only one constituency in an election.
34. (1) In an election, a person shall only lodge nomination papers in one constituency. (2) Where, upon the expiry of the period for lodging nomination papers in any constituency, a person is found to have lodged, and not withdrawn, nomination papers in more than one constituency, then everyone of those nominations shall be invalid. - 35 Verify source ↗
(1) Every candidate contesting an election may appoint
A candidate contesting an election may appoint up to two polling agents per polling station and two election agents per relevant Part VI venue.
35. (1) Every candidate contesting an election may appoint- (a) two polling agents for each polling station; and (b) two election agents for each venue where the proceedings provided for in Part VI take place. (2) An election or polling agent— (a) shall be a Zambian citizen; and (b) shall not be a candidate in an election. (3) The appointment and revocation of appointment of a person as an election or polling agent shall be effected in the manner prescribed. - 36 Verify source ↗
(1) An election or polling agent may observe the proceedings
Election or polling agents may observe voting, vote counting, and the result declaration, but must wear prescribed identification and follow orders while present.
36. (1) An election or polling agent may observe the proceedings during- (a) voting; (b) the counting of votes; and (c) the determination and declaration of the result of an election. (2) The absence of an election or polling agent from a place were any electoral proceeding is being conducted shall not invalidate those proceedings. (3) Whilst present at any polling station, or venue where the proceedings provided under this section take place, an election or polling agent shall- Nomination date Nomination for election Nomination in one constituency Appointment of election agents and polling agents Powers and duties of election or polling agents (a) wear the prescribed identification indicating - (i) that the person is an election or polling agent; and (ii) the candidate represented by that election or polling agent; and (b) comply with any order issued by (i) an election officer; or (ii) a police officer acting on the instructions of an Establishment 37 .(1) The Commission shall- of polling election officer. districts (a) establish polling districts for the whole of the territory of the Republic; (b) determine the boundaries of each polling district in accordance with the criteria provided in section thirty-eight; and (c) keep a map of each district. (2 ) The polling districts for an election shall be those polling districts which on the date on which an election is called are within the area in which the election is called. - 38 Verify source ↗
The Commission shall determine the boundaries of a polling
The Commission must determine polling district boundaries by considering factors that could affect elections, such as suitable venues, voter numbers, access, transport, telecommunications, geography, and district or provincial boundaries.
38. The Commission shall determine the boundaries of a polling district by taking into account any factor within the proposed polling districts that could affect the free, fair and orderly conduct of elections, including- (a) the availability of a suitable venue for apolling station; (b) the number and distribution of eligible voters; (c) the accessibility of a polling station to voters given- (i) the radius of the proposed polling district; (ii) the availability of transport; (iii) telecommunications facilities; and (iv) any geographical or physical feature that may impede access to the polling station; and Criteria for determining polling district boundaries Inspection and copies of maps of polling districts (d) district and provincial boundaries. - 39 Verify source ↗
(1) As soon as practicable after section thirty-seven has been
The Director of Elections must notify the public that polling district maps can be inspected, and must provide certified copies on payment of the prescribed fee.
39. (1) As soon as practicable after section thirty-seven has been complied with, the Director of Elections shall give notice that copies of the map of each polling district are available for inspection. (2) The notice shall be - (a) published in the Government Gazette; and (b) published in the media so as to ensure wide publicity of the maps. Establishment of polling stations (3) The notice shall state, and the Director of Elections shall ensure, that copies of- (a) the maps are available for inspection at the Commission's head office; and (b) the maps of the voting districts within a district are available for inspection at the office of the person administering the district. (4) Any person may inspect a copy of a map provided for in subsection (1). (5) The Director of Elections shall provide a certified copy of a map or a polling district to any person who has paid the prescribed fee. - 40 Verify source ↗
(1) The Commission shall establish, for an election, a polling
The Commission must establish a polling station in each polling district for an election, and the Director of Elections must give notice by the election timetable date that station-address lists are available for inspection.
40. (1) The Commission shall establish, for an election, a polling station in each polling district, as it may prescribe. (2) When determining the location of a polling station, the Commission may take into account any factor that could affect the free, fair and orderly conduct of elections, including (a) the number and distribution of eligible voters in those polling districts; (b) the availability of suitable venues for polling stations; (c) the distance to be travelled to reach those venues; (d) access routes to those venues; (e) the availability of transport to thosp venues; (f) traffic density at or near those venues; (g) parking facilities at or near those venues; (h) telecommunications facilities at those venues; (i) general facilities at those venues; (j) the safety and convenience of voters; (k) any geographical or physical feature that may impede access to or at those venues; and (1) the ease with which those venues can be secured. (3) Before determining the location of a polling station, the Commission may consult on the proposed location of that voting station with the local authority for the area within which that polling station shall fall. (4) By not later than the relevant date stated in the election timetable, the Director of Elections shall give notice that copies of a list containing the address of each polling station shall be available for inspection. Relocation of Polling station in emergencies Ballot paper Design of ballot paper (5) Section forty apply, with the necessary modifications, to the inspection and taking or copies of the list specified under subsection (4), - 41 Verify source ↗
(1) Notwithstanding section forty the Commission may relocate a
The Commission may relocate a polling station if it thinks this is necessary for a free and fair election, and the election officer must publicise the relocation to voters in the affected voting district.
41. (1) Notwithstanding section forty the Commission may relocate a polling station if it is of the view that it is necessary to do so for the conduct of a free and fair election. (2 ) The election officer shall take all reasonable steps to publicise the relocation of polling station among voters in the voting district concerned. - 42 Verify source ↗
Subject to the other provisions of this act and section forty-three,
The Commission must prescribe the form and design of a ballot paper and how issued ballot papers are to be accounted for in a ballot paper account, subject to this Act and section 43.
42. Subject to the other provisions of this act and section forty-three, the Commission shall prescribe the form and design of a ballot paper and the manner in which ballot papers issued shall be accounted for in a ballot paper account. - 43 Verify source ↗
(1) Not withstanding section fifty-two, a ballot paper shall be
Ballot papers must be designed to prevent fraud and must carry specific markings, candidate details, party symbols, and colour coding.
43. (1) Not withstanding section fifty-two, a ballot paper shall be designed in a way that shall prevent fraudulent voting. (2) The counterfoil of a ballot paper shall be marked with the voters' national registration card number or may be marked with the voter's card number. (3) A ballot paper shall include- (a) a potrait of the candidate nominated for elections to the office of President, as a Member of Parliament; and (b) the symbol of a political party registered with the Commission under which a candidate shall stand for elections and where the candidate is an independent candidate, the symbol Commission shall allocate to the independent candidate. (4) A ballot paper shall be colour coded so as to differentiate the ballot paper for use in a Presidential or National Assembly election. Ballot boxes - 44 Verify source ↗
(1) The Commission shall use transparent ballot boxes in an
The Commission must use transparent ballot boxes in elections and ensure they can be securely closed.
44. (1) The Commission shall use transparent ballot boxes in an election which shall he capable of being securely closed. (2 ) The Commission shall prescribe the manner in which ballot boxes shall be- (a) numbered and labelled; and (b) closed, closed scaled and unsealed. Voting compartments - 45 Verify source ↗
(1) Subject to subsection (2), the Comission shall prescribe the
The Commission must prescribe the design and materials for voting compartments used in elections, and voting compartments must be arranged to shield voters from observation while still allowing a clear outside view of the voter’s back.
45. (1) Subject to subsection (2), the Comission shall prescribe the design and material or voting compartments to be used in an election (2 ) A voting compartment shall, while screening a voter from observation by other persons when marking a ballot paper, be designed and placed in such a manner as to ensure that a clear view of the voters' back can be observed from the outside. Voting materials - 46 Verify source ↗
(I) The Commission shall Supply, before voting opens at a
The Commission must supply the presiding officer with the voting materials needed for an election before voting opens, and the presiding officer must keep those materials safe.
46. (I) The Commission shall Supply, before voting opens at a polling station, the presiding officer responsible for that polling station with all the voting materials necessary for the election at that station including- (a) ballotpapers; (b) ballotboxes; (c) voting compartments; (d) a certified voters’ roll for the polling district concerned; and (e) a document to be signed by the presiding officer detailing the voting materials entrusted to that presiding officer. (2) A presiding officer shall be responsible for the safe-keeping of all the voting materials supplied to that officer. PARTV Election Officers - 47 Verify source ↗
As soon as practicable, afterprescribingadate for an election, the
The Commission must appoint a presiding officer for each voting station for an election.
47. As soon as practicable, afterprescribingadate for an election, the Commission shall appoint a presiding officer for each voting station at which that election is to be conducted. - 48 Verify source ↗
(I) A presiding officer shall co-ordinate and Supervise the
The presiding officer must run and supervise voting at the polling station to keep the election free and fair, maintain order, and may remove or exclude certain people in specified cases.
48. (I) A presiding officer shall co-ordinate and Supervise the voting at a polling station so as to ensure that the election at the polling * station is free and fair. (2) The presiding officer- Appointment of presiding Officer Powers and duties of presiding officer (a) shall exercise the powers and perform the duties assigned to apresiding officer by or under this Act; (b) shall take all reasonable steps to ensure orderly conduct at a polling station; and (c) may order a Police Officer to assist in ensuring orderly conduct at that polling station and that Officer shall comply with the order. (3) The presiding officer may exclude from the area within the boundary of apolling station any person other than- (a) a member, employer or officer of the Commission; (b) an election or polling agent who is entitled under this Act to be present at a polling station; (c) a candidate in that election; (d) a person appointed as an accredited observer or monitor; (e) a voterpresent for the purpose of casting a vote; and (f) any person or category of persons authorised by the Commission to be present at the polling station. (4) Notwithstanding subsection (3), the presiding officer may order any person, referred to in paragraphs (b) to (f) of subsection (3), to leave the area within the boundary of the polling station if that person's conduct is not conducive to a free and fair election at that polling station and shall give that person reasons for making the order. (5) If a person refuses to comply with an order under subsection (4), the presiding officer may direct a police officer to forcibly remove that person, and that officer shall comply with that order. Appointment of polling assistants - 49 Verify source ↗
As soon as practicable after a date for an election has been
The Commission must appoint polling assistants for each polling station as soon as practicable after an election date is prescribed.
49. As soon as practicable after a date for an election has been prescribed, the Commission shall appoint for each polling station as many polling assistants as it considers necessary to conduct a free and fair election. Powers and duties of polling assistant - 50 Verify source ↗
Apolling assistant
A polling assistant must help the presiding officer and carry out the powers and duties assigned under the Act.
50. Apolling assistant- (a) shall assist the presiding officer in the exercise of the presiding officer's powers and the performance of the presiding officer's duties; and (b) shall exercise the powers and perform the duties assigned to a polling assistant by or under this Act. Appointment of counting assistant - 51 Verify source ↗
(I) As soon as practicable, after prescribing a date of an election, the
The Commission must appoint a counting assistant for each polling station or venue, as soon as practicable after an election date is prescribed.
51. (I) As soon as practicable, after prescribing a date of an election, the Commission shall appoint a counting assistant for each polling station or venue at which the counting of votes is to be conducted. (2) Notwithstanding subsection (I), the Commission may appoint the presiding, officer or a polling assistant, for a polling station, as the counting assistant for that polling station for that venue. Powers and duties of counting assistant - 52 Verify source ↗
(I) A counting assistant for a polling station or venue for the
A counting assistant must supervise vote counting and determine the election result at the polling station or venue.
52. (I) A counting assistant for a polling station or venue for the counting of votes shall co-ordinate and supervise the counting of votes and determine; the result of the election at the polling station or venue. (2) The powers and duties of a counting assistant shall be as specified for a presiding officer under subsection (2) to (5) of section forty-eight, with the necessary modifications. Appointment of additional persons - 53 Verify source ↗
The Commission may appoint as many additional persons as
The Commission may appoint additional persons as election officers when needed during an election.
53. The Commission may appoint as many additional persons as election officers as may be necessary to enable the Commission Powers and duties of additional persons General provisions concerning appointment of election officer to exercise its powers and perform its duties effectively during an election - 54 Verify source ↗
(1) A person appointed by the Commission under section fifty
A person appointed by the Commission under section 53 must exercise the powers and perform the duties assigned to an election officer under this Act.
54. (1) A person appointed by the Commission under section fifty- three shall exercise any power and perform any duty assigned to an election officer by or under this Act. - 55 Verify source ↗
(I) A person may not be appointed as an election officer or
Section 55 limits who may serve as an election officer and sets rules for how election officers and the Commission must act.
55. (I) A person may not be appointed as an election officer or remain in that office, if that person- (a) is a candidate contesting that election; (b) is an election or polling agent in that election; (c) holds political office in a registered party; or (d) was convicted of an offence or reported guilty of any corrupt practice or illegal practice, under this Act, within a period office years preceding that election. (2) An election officer shall exercise the powers and perform the duties assigned to that officer subject the direction, control and discipline of the Commission. (3) The Commission shall determine, in writing, the terms and conditions of appointment of an election officer including x r* (a) any additional powers and duties assigned to that officer subject to this Act; and (b) any remuneration payable to that officer. (4) The assignment of a power of duty to all election officer shall not prevent the Director of Elections from exercising that power of performing that duty. v (5) A person may not be appointed as an election officer unless \hat person has signed a prescribed undertaking which shall include an undertaking to be bound by- (a) the Electoral Code of Conduct; and (b) adeclaration of secrecy. (6) An election officer shall be impartial and exercise the powers and perform the duties, stipulated by or under this Act, independently and without fear, favour or prejudice. (7) An election officer may not, whether directly or indirectly, in any manner, give support to any of the issues in contention between parties or candidates. (8) An election officer may not place in jeopardy that officer's independence or harm the credibility, impartiality, independence or integrity of the Commission, by any membership, association, statement or conduct. (9) An election officer shall not be liable for any loss suffered by a person as a result of an act performed or omitted in good faith Election officers at polling stations Hours of voting in the exercise of a power or the performance of a duty under this Act. (10) An election officer may be dismissed by the Commission on account of (a) misconduct, incompetence or incapacity; (b) absence from duty without leave of the Director of Elections; (c) bias; (d) a material contravention of this section; (e) a material contravention of the declaration of secrecy; or (f) any other consideration related to a free and fair election. (11) No appeal may be brought against a decision by the Commission to appoint a person as an election officer or to dismiss an election officer PARTV Polling Day activities - 56 Verify source ↗
On polling day each polling station shall be staffed by the
On polling day, each polling station must be staffed by a presiding officer, polling assistants, and a counting assistant appointed for that station.
56. On polling day each polling station shall be staffed by the- (a) presiding officer appointed for that polling station; (b) polling assistants appointed for that polling station; and (c) counting assistant appointed for that polling station. - 57 Verify source ↗
(I) By not later than the relevant date stated in the election
The Commission must set voting hours by the deadline, publish them, and can adjust hours or close polling stations temporarily to support a free and fair election. Polling stations must open and stay open at the prescribed times, and people cannot be admitted to vote after a station closes.
57. (I) By not later than the relevant date stated in the election timetable, the commission shall prescribe the voting hours for an election. (2) If it is necessary to ensure a free and fair election, the Commission 'may prescribe different voting hours for different polling stations. (3) The Commission shall publish the prescribed voting hours in the media so as to ensure wide publicity of those hours. (4) A polling station shall- (a) open for voting at the prescribed time and; (b) subject to paragraph (b) of subsection (7), remain open for voting until the prescribed time, or such later time as the Commission may determine under paragraph (a) of subsection ■ (7)- (5) No person may be admitted to a polling station for the purpose of voting after the polling station has closed for voting. (6) Voting at a polling station shall continue until every voter has voted who- (a) is entitled to vote at that polling station; and (b) had reported for voting at that polling station at the time prescribed for that polling station to close for voting. (7) To ensure a free and fair election, the Commission- fa) on the voting day, may extend voting hours at a polling station until as late as midnight on that voting day; or (b) may temporarily close a polling station for part of a polling day if it is temporarily impossible to conduct a free and fair election at that voting station: provided that the time lost under paragraph (b) shall be compensated; (8) The Government shall declare a polling day a national holiday during a general election. - 58 Verify source ↗
The presiding officer shall, immediately before opening a voting initial
Before opening a voting station, the presiding officer must show observers and agents that each ballot box is empty and then close and secure the ballot boxes in the prescribed manner.
58. The presiding officer shall, immediately before opening a voting initial procedures Station for Voting- (a) show all accredited observers, monitors, election and polling agents, present, that each ballot box to be used at that voting station is empty; and (b) in the presence of the accredited observers, monitors, election and polling agents, close and secure the ballot boxes in the prescribed manner. - 59 Verify source ↗
(I) Subject to section twenty-four a voter may only vote at the voting
A voter may vote only at the polling station in the polling district where the voter is registered, subject to section 24.
59. (I) Subject to section twenty-four a voter may only vote at the voting polling station in the polling district for which that voter is registered. procedures (2) A voter is entitled to vote at a polling station- fa) on production of that voter's national registration card and voter’s card to the presiding officer or other election officer at the polling station; and (b) if that voter's name is in the certified segment of the voter's roll for the polling district concerned. (3) When a voter produces a national registration card to the presiding officer or other election officer as required by subsection (2), the presiding officer or election officer shall examine the identity document and determine whether- (a) the voter is the person described in that national registration card; (b) the voter's name is in the certified segment of the voter's roll for the polling district concerned; and (c) the voter has not already voted in the election. (4) For the purposes of paragraph (c) of subsection (3) the presiding officer or other election officer may require that the voter's fingerprints be taken. (5) If the presiding officer or other election officer is satisfied in respect of all the matters referred to in subsection (3), that officer shall- (a) record that the voter is regarded to have voted in the election; (b) mark the hand of the voter in the prescribed manner; (c) mark the back of a ballot paper for that election; and (d) hand the ballot paper to the voter. (6) Once the voter has received a ballot paper marked under paragraph (c) of subsection (5) the voter shall- (a) enter an empty voting compartment; (b) mark the ballot paper in a way that indicates the candidate the voter wishes to vote for; (c) fold the ballot paper to conceal the voter's vote; (d) take the ballot paper to a ballot box for the election and show it to the presiding officer or another election officer in a way that, that officer can see the mark made under paragraph (c) of subsection (5); (e) place the ballot paper in the ballot; and (f) without delay leave the voting station. Assistance to certain voters - 60 Verify source ↗
(I) The presiding officer or another election officer, at the request
Election officers must help a voter who cannot read vote, and a person may help a voter with a physical disability if the voter asks and the officer is satisfied the helper is at least 18.
60. (I) The presiding officer or another election officer, at the request of a voter who is unable to read, shall assist that voter in voting in the presence of- (a) a person appointed by or as an accredited observer or monitor, if available; or (b) two election agents of different candidates, if available; or (2): A person may assist a voter in voting if- (a) the voter requires assistance due to a physical disability; (b) the voter has requested to be assisted by that person; and (c) the presiding officer is satisfied that, that person has attained the age of 18 years. (3) . The secrecy of voting as stipulated in the Constitution shall be preserved in the application of this section. (4) A presiding officer shall record in a copy ofthe voter's roll, by means of a mark placed next to the name of the voter concerned, that the presiding officer or another person has assisted the voter as provided under this section and give the reasons fordoing so. - 61 Verify source ↗
(I) If a voter accidentally marks a ballot paper in a way that does not
If a voter marks a ballot paper wrongly before it is put in the ballot box, the voter may hand it to the presiding officer or polling assistant and get a new ballot paper.
61. (I) If a voter accidentally marks a ballot paper in a way that does not indicate for whom the voter wishes to vote and the ballot has not yet been placed in the ballot box- Issue of New ballot papers fa) the voter may return that ballot paper to the presiding officer or a polling assistant; (b) that election officer shall deal with the ballot paper in accordance with subsection (2), and shall give the voter a new ballot paper in accordance with this section; and (c) the voter may vote in accordance with subsection (6) of sectionfifty-nine. (2) Upon receiving a ballot paper from a voter under subsection (I), the presiding officer or a polling assistant shall mark "cancelled” on the back of the ballot paper and file it separately to be dealt with in accordance with section sixty-four: - 62 Verify source ↗
(I) At any time before a voter has been handed a ballot paper, an
Election agents, and sometimes voters, may object to voting issues; the presiding officer must decide the objection and notify the parties, and records must be kept.
62. (I) At any time before a voter has been handed a ballot paper, an election agent may object to that voter being entitled to vote or to vote at the voting station concerned. Objections concerning voting (2) An election agent, or the voter concerned, may object if the voter is refused a ballot paper. (3) An election agent, or a voter, may object to any other conduct, of an election officer, or any other person present at a voting station. (4) An objection under subsection (1), (2) or (3) shall be made to the presiding officer in the prescribed manner. (5) The presiding officer, in the prescribed manner, shall decide the objection and notify the objector and any other parties involved in the objection of the decision. (6) An appeal against the decision of the presiding officer may be made to a returning Officer in the prescribed manner. (7) the presiding officer or Returning Officer shall keep a written record in the prescribed manner of each objection and decision made under this section. - 63 Verify source ↗
(I) As soon as a ballot box is full, the presiding officer, in the
When a ballot box is full, the presiding officer must seal it and let any accredited observer, monitor, or polling agent present add their seals.
63. (I) As soon as a ballot box is full, the presiding officer, in the. presence of an accredited observer, monitor, or polling agent present, shall seal the ballot box in the prescribed manner and allow those agents to affix their seals to the ballot box. (2) Immediately after the last vote has been cast, cast every remaining Sealing of full ballot boxes used ballot box shall be similarly dealt with. (3) A sealed ballot box shall remain - (a) sealed until opened for the counting of votes under section sixty-severr, and (b) in the polling station until the commencement of the counting of the votes there or, if the votes are not to be counted at that polling station, until removed for delivery under section sixty- four: Completion of ballot paper account and sealing of voting materials - 64 Verify source ↗
(I) As soon as practicable after the close of a polling station for voting,
After polling closes, the presiding officer must complete the ballot paper account, seal specified election materials, allow agents to seal items, and deliver the materials to the counting assistant as required.
64. (I) As soon as practicable after the close of a polling station for voting, the presiding officer, in the presence of any accredited observer, monitor election agents present, shall- (a) complete a ballot paper account reflecting the number of- (i) ballot boxes entrusted to that presiding officer; (ii) used ballot boxes; (iii) unused ballot boxes; (iv) ballot papers entrusted to that presiding officer; (v) issued ballot papers; (vi) unissued ballot papers; and (vii) cancelled ballotpapers; (b) seal each unused ballot box entrusted to that presiding officer; (c) seal in separate containers- (i) the certified segment of the voters' roll for that polling district; (ii) the unused ballot papers entrusted to that presiding officer; (iii) the cancelled ballot papers; and (iv) the written record, as required by paragraph (7) of section sixty-two of any objections concerning voting; and (d) allow those agents to affix their seals to the items mentioned in paragraphs (b) and (c). (2) If the votes in an election are to be counted at the polling station at which those votes were cast and if the counting assistant for that polling station is a person other than the presiding officer for that polling station, the presiding officer shall deliver to the counting assistant for that polling station the items mentioned in subsection (I). (3) If the votes in an election are not to be counted at the polling station at which those votes were cast, the presiding officer shall deliver the following to the counting assistant of a counting venue determined by the Commission under section sixty-six: (a) the ballot paper account mentioned in subsection (I); (b) the sealed, used ballot boxes; (c) the sealed, unused ballot boxes; and (d) the sealed containers mentioned in subsection (I) (c). - 65 Verify source ↗
If more than one election is held at a polling station on the same
If more than one election is held at a polling station on the same day, the Commission must prescribe the voting procedures.
65. If more than one election is held at a polling station on the same day, the Commission shall prescribe voting procedures- More than one election on same day (a) substantially in accordance with sections fifty-six to sixty four for each of those elections; (b) in accordance with local Government Elections Act in the case Cap. 282 Place and time of counting of votes counting of votes and determination of provisional results of elections to elect a councillor - 66 Verify source ↗
(I) Votes shall be counted at the polling station at which those
Votes are normally counted at the polling station where they were cast, unless the Commission decides otherwise for a free and fair election.
66. (I) Votes shall be counted at the polling station at which those votes were cast, except when in the interest of ensuring a.free and fair election, the Commission, after consultation with the contesting parties or their agents, determines that those votes be counted at another counting venue. (2) A counting assistant shall ensure that the procedures set out in this Part relating to the counting of votes commences as soon as practicable after the polling station is closed for voting and continue uninterrupted until they are completed. (3) The procedures provided for in this Part relating to the counting of votes may be suspended only with the consent of the Commission and, if they are suspended, the counting assistant shall ensure the safe-keeping of all the voting materials entrusted to the counting assistant until the counting of votes has been completed.
Part
PART VI
- 75 Verify source ↗
Accreditation of observers and monitors
This section concerns accreditation of observers and monitors.
75. Accreditation of observers and monitors - 76 Verify source ↗
Powers and duties of accreditation of observers and monitors
Section title: Powers and duties of accreditation of observers and monitors.
76. Powers and duties of accreditation of observers and monitors - 78 Verify source ↗
Provision of voter education generally
Section heading for general provision on voter education.
78. Provision of voter education generally PART VII Corrupt and Illegal Practices and Election Offences - 76 Verify source ↗
(1) An accredited observer or monitor may, in relation to an election
Accredited observers or monitors may observe certain election proceedings, and their appointees must wear prescribed identification and obey election officer or police orders.
76. (1) An accredited observer or monitor may, in relation to an election Powers and accredited ' ^or that observer or monitor is accredited, observe the proceedings observers provided for in- and monitors ... (a) Part IV concerning voting and the counting of votes; and (b) Part VI concerning the determination and declaration of the Voter education Provision of voter education generally election results. (2) Whilst observing an election, a person appointed by an accredited observer or monitor shall wear the prescribed identification indicating that the person is representing an accredited observer or monitor. (3) A person appointed by an accredited observer or monitor shall comply with any order issued by an election officer or a police officer acting on the instructions of an election officer. - 77 Verify source ↗
Notwithstanding section seventy-eight, the Commission shall
The Commission must provide voter education for an election.
77. Notwithstanding section seventy-eight, the Commission shall provide voter education for an election. - 78 Verify source ↗
(I) Any natural or juristic person may provide voter education for an
Any natural or juristic person may provide voter education for an election, but if they do, it must be impartial, independent of parties or candidates, and promote free and fair elections.
78. (I) Any natural or juristic person may provide voter education for an election. (2) Any natural or juristic person providing voter education shall do so in a manner- fa) that is impartial and independent of any registered party or candidate contesting an election; and (b) that shall promote conditions conducive I,) free and fair elections. Corruption and Illegal Practicesand Election Offences PART VII
Part
PART VII
- 83 Verify source ↗
Illegal practice of publishing false statements in respect of candidates
This provision concerns the illegal publication of false statements about candidates.
83. Illegal practice of publishing false statements in respect of candidates - 84 Verify source ↗
Illegal practice in respect of nomination of candidates
Section 84 concerns illegal practices in the nomination of candidates.
84. Illegal practice in respect of nomination of candidates - 85 Verify source ↗
Illegal practices in respect of public meetings
Section 85 is titled “Illegal practices in respect of public meetings.”
85. Illegal practices in respect of public meetings - 86 Verify source ↗
Illegal practices relating to the poll
Section 86 is titled “Illegal practices relating to the poll.”
86. Illegal practices relating to the poll - 89 Verify source ↗
Property in certain election material
Section 89 concerns property in certain election material.
89. Property in certain election material - 90 Verify source ↗
Secrecy and penalty for breach of secrecy
This section concerns secrecy and penalties for breaching secrecy.
90. Secrecy and penalty for breach of secrecy - 92 Verify source ↗
Offences by printers and publishers
This section is titled “Offences by printers and publishers” and appears under the part on election petitions.
92. Offences by printers and publishers PART VIU Election Petitions - 79 Verify source ↗
(I) Any person who corruptly either directly or indirectly,
This provision bans election bribery and impersonation, and exempts bona fide lawful election spending.
79. (I) Any person who corruptly either directly or indirectly, Bribery by oneself or any-other person (a) gives, lends, or procures, or offers, promises or agrees to give, lend or procure any money to or for any person to or for any person on behalf of any voter or to or for any other person in order to induce any voter to vote or refrain from voting or who corruptly does any such act as aforesaid on account of such voter having voted or refrained from voting at any election; (b) gives, lends or procures, or offers, promises or agrees to give, lend, or procure, any money to or for any voter or to or foranyother person on behalf of anyvoteror to orforany other person for acting or joining in any procession or demonstration before, during or after any election; (c) makes any gift, loan, offer, promise, procurement or agreement to or for any person in order to induce the person to procure or to endeavour to procure the return of any candidate at any election or the vote o f any voter at any election; (d) upon or in consequence of any gift, loan, offer, promise, procurement or agreement, procures or engages, promises or endeavours to procure, the return of any candidate at any election or the vote of any voter at any election; (e) advances or pays or causes to be advanced or paid any money to or for the use of any other person with the intent that such money or any part thereof shall be expended in bribery at any election, or who knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any election; (0 before or during any election, receives or contracts for any money or loan fo oneself or any other person for voting or agreeing to vote or for refraining or agreeing to refrain from voting from any election; (g) after any election, receives any money on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting at any election; or (h) conveys or transfers or is concerned with the conveyance or transfer of any property, or pays or is concerned with the payment of any money, to any person for the person to be registered as a voter, thereby to influence that person’s vote at any future election, or pays to or is concerned with the payment of any money on account of any voter for the purpose of inducing that person to vote or refrain from voting; shall be guilty of the offence bribery (2) Nothing in this Act shall be construed as applying to any money paidor agreed to be paid for, or on account of, any expenditure bonafide and lawfully incurred in respect of the conduct or management of an election. Impersonation 80 Any person who - (a) at any election, applies for a ballot paper in the name of some other person, living or dead, or of a fictitious person; (b) having voted once at any election, applies again at the same election for a ballot paper; (c) votes at any election knowing that the person is not entitled to vote or procures any person to vote at any election knowing that person is not entitled to vote at that election at that election or induces (d) applies to be registered as a voter in the name of any other person, whether living, dead or fictitious; or (e) impersonates- (i) a representative of a registered party; (ii) a candidate in an election; (iii) a member, employee or officer of the Commission; or (iv) a person appointed by an accredited observer, or monitor; Treating Shall be guilty of the offense impersonation. - 81 Verify source ↗
Any person who corruptly by any person either before, during or
A person must not corruptly provide or pay for food, drink, entertainment, lodging, or provisions to influence how anyone votes in an election.
81. Any person who corruptly by any person either before, during or after an election, directly or indirectly, gives or provides or pays, wholly or in part, the expenses of, any food, drink, entertainment, lodging, or provisions to, any person for the purpose of corruptly influencing that person or any otherperson to give orrefrain from giving that person’s vote at an election shall be guilty of the offence of treating. - 82 Verify source ↗
(I) No person shall directly or indirectly, by oneself by any other
No person may use threats, force, or other pressure to influence voter registration, voting, political participation, or the exercise of rights under the Act.
82. (I) No person shall directly or indirectly, by oneself by any other person Undue influence (a) make use of or threaten to make use of any force, violence or restraint upon any other person; (b) inflict or threaten to inflict by oneself or by any other person, or by any supernatural or non-natural means, any physical, psychological, mental or spiritual injury, damage, harm or loss upon or against any person; and (c) do or threaten to do anything to the disadvantage of any person; in order to induce or compel any person (i) to register ornot to register as a voter; (ii) to vote or not to vote; (iii) to vote or not to vote for any registered party or candidate; (iv) to support or not to support any registered party or candidate; or (v) to attend and participate in, or not to attend and participate in, any political meeting, march, demonstration or other political event; (d) interfere with the independence or impartiality of the commission, any member, employee or officer of the commission; (e) prejudice any person because of any past, present or anticipatedperformanceof a function under this Act; (f) advantage, or promise to advantage, a person in exchange for that person not performing a function under this Act; or (g) unlawfully preventing the holding of any political meeting, march, demonstration or other political event. (2) subject to the other provisions of this Act, no person shall prevent anyone from exercising a right conferred by this Act. (3) No person, knowing that another person is not entitled to be registered as a voter, shall- (a) persuade that other person that that other person is entitled to be registered as a voter; or (b) represent to anyone else that that other person is entitled to be registered as a voter. No person, knowing that another person is not entitled to vole shall- (a) assist, compel or persuade that other person to vote; or (b) represent to anyone else that other person is entitled to vote. (5) Any person who contravenes any of the provisions of subsections (I) to (4) shall be guilty of the offence of undue influence. (6) Any person who, by abduction, duress or any fraudulent device or contrivance, impedes or prevents the free exercise of the vote of any voter or thereby compels, induces or prevails upon any voter either to give or to refrain from giving the person's vote at any election, shall be guilty of the offence of undue influence. - 83 Verify source ↗
(I) Any person who, before or during an election, publishers a
It is an illegal practice for any person to publish certain false election statements, forge or handle forged nomination documents, make false nomination statements, or cause disorder at certain election-related public meetings.
83. (I) Any person who, before or during an election, publishers a false statement of the illness, death or withdrawal from election of a candidate at that election for the purpose of promoting or procuring the election of another candidate, knowing that statement to be false or not believing it to be true, shall be guilty of an illegal practice. (2 ) Any person who, before or during an election, publishes any false statement of fact in relation to the personal character or conduct of a candidate in that election, shall be guilty of an illegal practice, unless that person can show that person had reasonable grounds for believing, and did believe, the statement to he true. 84 Any person who forges or fraudulently destroys any written authority of a candidate or nomination paper, or delivers to a returning officer any written authority of a candidate or nomination paper knowing the same to be forged shall be guilty of an illegal practice. (2 ) Any person who knowingly makes a false statement relating to that person's nomination in that person's nominating paper shall be guilt of an illegal practice. 85 Any person who, at a lawful public meeting held in connection with the election of any person between the day of the publication of a notice appointing a 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 is called, shall be guilty of illegal practice. - 86 Verify source ↗
(I) Any person who
Any person must not interfere with ballot papers, ballot boxes, voters cards, or election materials, and must not attempt to do so.
86. (I) Any person who- (a) forges, counterfeits or fraudulent defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper; illegal practices of publishing false statements in respect of candidates illegal practices in respect of nomination of candidates illegal practices in respect of public meetings illegal practices relating to the poll (b) without authority supplies any ballot paper to any person; (c) without authority puts into any ballot box any ballot paper which that person is not authorised by law to put in; (d) sells or offers to sell any ballot paper or voters card to any person or purchases or offers to purchase any ballot paper or voter's card from any person; (e) not being a person entitled underthis Act be in possession of a ballot paper or voters card, has any such ballot paper or voter's card in that persons’ possession; (f) without authority destroys, takes, opens or otherwise interferes w ith any ballot box or packet of ballot papers in use or intended to be used for the purpose of an election; (g) without authority prints or makes any ballot paper or what purports to be or is capable or being used as a ballot paper or any identity document at an election; (h) manufactures, constructs, has in that persons possession, supplies, or uses for the purpose of an election, or causes to be manufactured constructed, supplied or used for the purposes of any election any appliance, device or mechanism by which a ballot paper may be extracted or manipulated after having been deposited in a ballot box in the course of polling at any polling station; or (i) at an election obstructs a voter either at the polling station or on that voter's way thereto or therefrom; shall be guilty of an illegal practice. (2) Any person who attempts to commit an illegal practice under subsection (1), shall be guilty of an illegal practice. - 87 Verify source ↗
Any person who is found guilty of an illegal practice shall be liable
A person convicted of an illegal practice may be fined up to 200,000 penalty units, imprisoned for up to 5 years, or both.
87. Any person who is found guilty of an illegal practice shall be liable on, conviction, to a fine nol exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding five years, or to both. penalty for illegal practices - 88 Verify source ↗
(1) Any person who
This section makes it an offence for any person to interfere with election conduct around nomination offices and polling stations, and it sets penalties on conviction.
88. (1) Any person who- (a) within a period prescribed for the receipt of nominations, under this Act, loiters in-any public place within four hundred meters from the entrance to a nomination office; Election offences (b) having been required to leave a nomination office, fails to leave such nomination office or the precincts thereof; (c) puts into any ballot box anything other than the ballot paper, which that person is authorised by law to put therein; (d) without due authority takes out of the polling station any ballot paper or is found in possession of any ballot paper outside a polling station; (e) on any polling day, at the entrance to or within a polling station, or in any public place or in any private place within four hundred metres from the entrance to such polling station— (i) canvases for votes; (ii) solicits the vote of any person; (iii) induces any person not to vote; or (iv) induces any person, not to vote for a particular candidate; (f) on an polling day loiters in any public place within four hundred metres from the entrance to any polling station; (g) on any polling day exhibits in any public or private place within one hundred metres from the entrance to any polling station any notice or sign, other than an official notice or sign authorised by an election officer under this Act, relating to the election; (h) not being a presiding officer, an election officer, candidate, an election agent or a polling agent in the course of their functions within a polling station, makes any record showing that any particular person has voted in an election; (i) without lawful authority, destroys, mutilates, defaces or removes any notice which is exhibited in accordance with this Act or under any regulations issued under this Act, or any document available for inspection under this Act and any such regulations; (j) wilfully obstructs or interferes with a returning officer, presiding officer, or election officer in the execution of their duties; (k) makes a false answer to any question put to that person by a presiding officer or an election officer under this Act; (I) has any communication with a voter while such voter is in the precincts of a polling station for the purpose of voting; (m) fails to comply with any requirement or direction to leave a polling station or the precincts thereof; or (n) being a candidate uses a symbol in the course of an election other than the symbol registered with the Director of Elections in accordance with this Act and any regulations thereunder or, . in the case of any other person, associate any candidate with, any symbol in the course of an election other than the candidates registered symbol; shall be guilty of an offence and shall be liable on conviction to a fíne not exceeding ten thousand penalty units or to imprisonment for a period not exceeding two years, or both. (2) Any person who attempts to commit an offence against this section shall be liable to the punishment prescribed for that offence. - 89 Verify source ↗
In a prosecution for an offence in relation to a nomination paper,
In a prosecution about certain election materials, the property in the nomination paper, ballot box, and ballot paper counterfoil is treated as vested in the returning officer for that election.
89. In a prosecution for an offence in relation to a nomination paper, ballot box or ballot paper, the property in such nomination paper, ballot box, as well as the property in the counterfoil of any ballot paper, shall be deemed to be vested in the returning officer at that election. Property in certain election material Secrecy and penalty for breach of secrecy - 90 Verify source ↗
(1) Every person in attendance at a polling station shall
People at polling stations and vote counting must keep voting secret and must not share certain voting information. Violations are offences punishable by a fine, imprisonment, or both.
90. (1) Every person in attendance at a polling station shall maintain, and aid in maintaining, the secrecy of the voting at such station and shall not communicate, except for some purpose authorised by law, to any person, any information as to the name or number on the register of voters of any voter who has or has not applied for a ballot paper or voted at such polling station, or as to the official mark or official seal at such polling station. (2) No person, except a presiding officer or polling assistant in exercise of their functions under this Act, shall obtain or attempt to obtain in a polling station information as to the candidate for whom any person in such polling station is about to vote for 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 polling station is about to vote for or has voted, or as to the number on the ballot paper issued to any person at such polling station. (3) Every person in attendance at the counting of the votes shall maintain, and aid in maintaining, the secrecy of the voting and shall not ascertain at the counting the number on any ballot paper or communicate any information obtained at the counting as to the manner in which any vote is given by any particular ballot paper. (4) Any person who contravenes any of the provisions of this section shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding ten thousand penalty units or to imprisonment for a term not exceeding two years, or to both. - 91 Verify source ↗
Any election officer who wilfully fails to perform the functions
An election officer who wilfully fails to perform the functions of the office under the Act commits an offence and may be fined up to 10,000 penalty units, imprisoned for up to 2 years, or both.
91. Any election officer who wilfully fails to perform the functions of that office under this Act shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding ten thousand penalty units or to imprisonment for a term not exceeding two years, or to both. Offences by election officers Offences by printers and publishers - 92 Verify source ↗
(1) Every Bill, placard, poster, pamphlet, circular or other
Election-related printed material must show the printer’s and publisher’s name and address, and paid electoral material in newspapers must carry “advertisement” as a headline.
92. (1) Every Bill, placard, poster, pamphlet, circular or other printed matter having reference to an election shall bear upon the face thereof the name and address of the printer and of the publisher, and any person who prints, publishes or posts, or causes to be printed, published or posted any such matter which fails to bear upon the face thereof such names and address shall be guilty of an offence. (2) The proprietor and publisher of every newspaper shall cause the word “advertisement” to be printed as a headline to each article or paragraph appearing in that person’s newspaper containing electoral matter, the insertion of which is or is to be paid for, and any proprietor or publisher who fails to comply with this provision shall be guilty of an offence. (3) For the purposes of this section-- (a) any process for producing copies of a document, other than by copying it by hand, shall be deemed to be printing, and the expression “printed” shall be construed accordingly; and (b) “electoral matter” shall be deemed to include all matters which, on the face of them, are intended or calculated to affect the result of an election. (4) Any person who is guilty of an offence against this section shall be liable on conviction, to a fine not exceeding fifty thousand penalty units. PART VIII Election Petitions Avoidance of elections
Part
PART VIU
- 95 Verify source ↗
Relief which may be claimed in election petition
Section title only: “Relief which may be claimed in election petition.”
95. Relief which may be claimed in election petition - 96 Verify source ↗
Form and procedure for presentation of election petition
Section 96 concerns the form and procedure for presenting an election petition.
96. Form and procedure for presentation of election petition - 97 Verify source ↗
Duty of Registrar to make out list of election petition
The Registrar must make out a list of election petitions.
97. Duty of Registrar to make out list of election petition - 98 Verify source ↗
Rules of practice and procedure, security for costs, etc
Section 98 is titled “Rules of practice and procedure, security for costs, etc.”
98. Rules of practice and procedure, security for costs, etc - 104 Verify source ↗
Conclusion of trial of election petition
This section is titled “Conclusion of trial of election petition.”
104. Conclusion of trial of election petition - 105 Verify source ↗
Provisions as to costs
This section is titled “Provisions as to costs” in Part IX, “Other questions Relating to Parliament.”
105. Provisions as to costs PART IX Other questions Relating to Parliament
Part
PART IX
- 106 Verify source ↗
Application to members and officers of Parliament
This section concerns how the law applies to members and officers of Parliament.
106. Application to members and officers of Parliament - 107 Verify source ↗
Effect of determination
Section 107 is titled “Effect of determination.”
107. Effect of determination PARTX Additional Powers and Commission and Miscellaneous Provisions - 109 Verify source ↗
Electoral Code of Conduct and other codes
Section 109 is titled “Electoral Code of Conduct and other codes.”
109. Electoral Code of Conduct and other codes - 110 Verify source ↗
Powers to decide objections and appeals
This section concerns powers to decide objections and appeals.
110. Powers to decide objections and appeals - 111 Verify source ↗
Constitution of conflict management committees
This section is about constituting conflict management committees.
111. Constitution of conflict management committees - 112 Verify source ↗
Assignment of powers and duties by Commission
This section concerns the Commission assigning powers and duties.
112. Assignment of powers and duties by Commission - 113 Verify source ↗
Assignment of powers and duties by Director of Elections
This section concerns the Director of Elections assigning powers and duties.
113. Assignment of powers and duties by Director of Elections - 114 Verify source ↗
Printing, manufacture, use, removal etc of election materials
This section concerns printing, manufacture, use, and removal of election materials.
114. Printing, manufacture, use, removal etc of election materials - 115 Verify source ↗
Ownership of voting and election material and disposal
Section 115 is titled “Ownership of voting and election material and disposal.”
115. Ownership of voting and election material and disposal - 117 Verify source ↗
Inspection and copying of documents
This section concerns inspection and copying of documents.
117. Inspection and copying of documents - 119 Verify source ↗
When incapacity may be removed
119. When incapacity may be removed 120. No person required to state how person voted
119. When incapacity may be removed 120. No person required to state how person voted - 121 Verify source ↗
Evidence as to holding of election
This section concerns evidence of whether an election was held.
121. Evidence as to holding of election .122. Validation of certain documents - 130 Verify source ↗
Repeal of Act No.2 of 1991
This section defines key election terms and says people interpreting the Act must do so consistently with the Constitution and any appropriate code.
130. Repeal of Act No.2 of 1991 “election petition” means an election petition referred to in section ninety-four; “election timetable” means a timetable for an election published by the Commission under section twenty-six-, “Electoral Code of Conduct” means the Electoral Code of Conduct prescribed by the Commission under section one hundred and nine; “high judicial office” has the meaning assigned to it in the Constitution; “illegal practice” means any offence against this Act which is declared under this Act to be an illegal practice; “member” means an elected member of the National Assembly; “national registration card” means a national registration card issued under and in terms of the National Registration Act; “national registration number” means the serial number inserted on a national registration card issued under the National Registration Act; “nomination day” means the day appointed by the Commission as the day on which candidates file their nomination papers with the Commission; “nomination office” means a place prescribed by the Commission as a nominating office; “nomination paper” means a document prescribed by the Commission for the purpose of a candidate registering their intention to contest an election under this Act; “officer” means an officer appointed by the Commission under section three and who has been issued with a certificate under that section; “petitioner” means, in relation to an election petition, any person referred to in section ninety-five who signs and presents an election petition under section ninety-six and includes any person substituted for a petitioner under section one hundred and one or section one hundred and two; “political party” means an organisation registered under the Societies Act the objects of which include any political activity or the sponsoring of candidates for election to the office of President or as a member of the National Assembly; “polling agent” means an agent appointed by a candidate in respect of each polling station; “polling assistant” means a person appointed polling assistant by the Commission; Cap 1 Cap 126 Cap 126 Cap 119 “polling day" means- (aj in relation to a general election, a day appointed by the President for the taking of the poll in a general election; (b) in relation to a by-election, a day appointed by the Commission for the taking of the poll in a by-election; “polling district” means a polling district established by the Commission as a polling district under section thirty-eight, “polling station” a place established as a polling station by the Commission under sectionforty, “prescribed” means prescribed by the Commission by statutory instrument; “presiding officer” means a person appointed as presiding officer by the Commission; “registered” means registered in a register of voters under this Act and “registration” shall be construed accordingly; “register of voters” means a register of voters for any constituency, or part of a constituency, prepared and maintained under this Act; “registered voter” means a person who has been registered as a voter under section eight; “registration officer” means a person appointed registration officer by the Commission; “Registrar” means the Registrar of the High Court and includes Deputy Registrar, District Registrar, and Assistant Registrar; “respondent” has the meaning assigned to it in subsection (4) of section ninety-six; “Returning Officer” in relation to the election of a President, means the Returning Officer specified in the Constitution; “voter” means a person who is entitled to vote at the relevant election; “voters card” means a voter’s registration card prescribed and issued by the Commission; and “voters roll” means a register of voters. (2) For the purposes of this Act, the expression “election expenses” means expenses incurred, whether before, during or after an election, on account of, or in respect of, the conduct or management of such election by, or on behalf of, a candidate: Provided that the following expenses shall not be deemed to be election expenses- Cap 1 (a) any moneys expended or expenses incurred by any association or group of persons or by any person in the general interests of a political party or organisation or its candidates generally, not being moneys expended or expenses incurred directly in the particular interests of any particular candidate or expenditure incurred by a political party with the consent of a candidate and apportioned to such candidate under this Act; (b) any moneys expended or expenses incurred by any political party or organisation in the printing, publication or distribution of the official symbol of that political party or organisation; or (c) any election fee; (3) For the avoidance of doubt, every person interpreting this Act and any regulations made under it shall— (a) do so in a manner that gives effect to the guarantees and responsibilities contained in the Constitution; take into account any appropriate code. - 3 Verify source ↗
(1) This Act shall be administered and enforced by the
The Commission administers and enforces the Act, appoints officers, and officers must show their appointment certificate on demand. The Anti-Corruption Commission investigates and prosecutes corrupt practices, and the Zambia Police Force handles law and order and related criminal proceedings at polling stations, subject to the Act.
3. (1) This Act shall be administered and enforced by the (b) Commission; Provided that in the exercise of its functions under the Constitution and this Act, the Commission shall not be subject to the direction or control of any other person or authority. (2) In order to ensure compliance with the provisions of this Act the Commission shall appoint such number of officers as it may consider necessary. (3) Every officer shall be provided with a certificate of appointment which shall be prima-facie evidence of the officer’s appointment as such. (4) An officer shall, on demand by a person affected by the exercise of the powers of the officer under this Act, produce for inspection the certificate referred to in subsection (3). (5) The Anti-Corruption Commission shall investigate and prosecute any corrupt practice committed under this Act in accordance with the Anti-Corruption Commission Act. (6) The Zambia Police Force shall enforce law and order at a polling station and undertake any criminal proceedings, subject to subsection (2), in respect of any offence committed by any person in contravention of this Act or any regulations issued under this Act. Cap 1 Administration enforcement and prosecution Act No. 42 of 1996 Voter’s roll Cap. 282 Cap. 14 Qualification for registration as voter Application for registration as voter PART II Registration of Voters and Voters Roll - 106 Verify source ↗
(1) Any question which may arise as to whether
The High Court may decide certain disputes about National Assembly appointments, vacancies, and the election or vacancy of the Speaker or Deputy Speaker.
106. (1) Any question which may arise as to whether- (a) any person has been validly appointed as a nominated member of the National Assembly: (b) the seat of an elected member or of a nominated member of the National Assembly, has become vacant, other than a question arising from the election of a candidate as a member of the National Assembly; or (c) any person has been validly elected as Speaker or Deputy Speaker; of the National Assembly or, having been so elected, has vacated the office of Speaker; or Deputy Speaker; may be heard and determined by the High Court upon, application made by-- (i) any person to whom the question relates; (ii) in the cases referred to in paragraph (a) (b) or (c), any member of the National Assembly; or (iii) the Attorney-General Application to members and officers of Parliament (2) Any person who makes an application to the High Court under subsection (1), shall have the right to appear and be represented before the High Court, (3) Subject to any rules of Court, the powers, practice and procedure of the High Court in respect of the trial of an election petition under Part VIII shall apply, with the necessary modifications, to the hearing and determination of such applications. effect of determination Cap 1 - 107 Verify source ↗
Every determination of the High Court under this Part Shall have
High Court determinations under this Part take effect according to their terms, but are subject to Article 71 of the Constitution.
107. Every determination of the High Court under this Part Shall have effect, subject to the provisions of Article 71 of the Constitution, in accordance with the terms thereof. ADDITIONAL POWERS OF COMMISSION AND MISCELLANEOUS PROVISIONS PARTX By-elections - 108 Verify source ↗
(I) Subject to other provisions of this Act, a by-election to fill a
The Commission must set a by-election for a National Assembly vacancy within 90 days, but no poll is held if only one candidate is validly nominated.
108. (I) Subject to other provisions of this Act, a by-election to fill a casual vacancy in the National Assembly shall be held on such date as the Commission may, by statutory order, prescribe, being a date not later than ninety days after the date when notification of the Vacancy was Communicated by the Speaker and received by the commission: Proved that a poll shall not be taken in any by-election in respect of which only one candidate is validly nominated for election. (2) Unless the commission otherwise, by statutory order, directs, a by election to fill a casual vacancy in the National Assembly shall not be held in any constituency in which an ordinary election of a member of the National Assembly is or may be required to be held Part III. (3) A Statutory order under this section shall specify the day or days on which, and the hours within which, returning officers may receive nominations of candidates for election in any constituency to which such orders relates. Electoral code of Conduct and other codes - 109 Verify source ↗
The commission shall, in order to promote free, fair and orderly
The commission must issue an Electoral Code of Conduct, and registered political parties supporting candidates and candidates themselves must subscribe to it before nomination papers are submitted. Anyone bound by the code must not contravene or fail to comply with it.
109. The commission shall, in order to promote free, fair and orderly elections, issue by statutory instrument, an Electoral Code of Conduct and any other codes as it may consider necessary. (2) The Electoral Code of Conduct shall be subscribed to.- (a) by every registered political party who intends to support any candidate for an election; and (¿J by every candidate before that candidates submits the nomination paperrequired under this Act. 3) No person or registered party bound by a code shall contravene or fail to comply with a provision of that code. - 110 Verify source ↗
(1) Whenever the Commission, the Director of Elections, an powers to
The Commission may try to settle certain election-related objections, disputes, complaints, or appeals through conciliation or mediation, and it must prescribe how these matters are handled.
110. (1) Whenever the Commission, the Director of Elections, an powers to election officer or any person is required under this Act to decide an decide objection, dispute, complaint or an appeal, the Commission or that objections person may attempt to resolve the issue, that is the subject of the and appeals objection, dispute, complaint or appeal, through conciliation or mediation. (2 ) The Commission shall prescribe the manner for handling any objection, dispute, complaint or appeal under this Act. - 111 Verify source ↗
(1) The Commission shall, for purposes of resolving electoral Constitution
The Commission must set up conflict management committees for electoral Constitution disputes and decide their membership, leadership, meeting arrangements, allowances, and support staff.
111.(1) The Commission shall, for purposes of resolving electoral Constitution disputes, constitute such number of conflict management committees as of conflict the commission may determine. . management committees (2) A conflict management Committee shall comprise, as members, such number of conflict management officers appointed by the Commission, as the Commission shall determine. (3) The Chairperson of the Committee shall be appointed by the Commission and the Vice-Chairperson shall be elected by the members from amongst themselves. (4) Subject to subsection (5) a member of a committee shall hold office for such period as the Commission shall determine. (5) A member shall be paid such allowances as the Committee may, with die approval of the Commission, determine. (6) The Committee shall meet for the transaction of business at such places and times as the Chairperson of the Committee may determine. (7) The quorum at any meeting of the committee shall be one-half of the members of the committee. (8) There shall preside at any meeting of the Committee- fa) the Chairperson; (b) in the absence of the chairperson, the Vice-Chairperson; or (c) in the absence of both the Chairperson and the Vice-Chairperson, such member as the members present may elect from their number for the purposes of that meeting. (9) The determination of any matter before the Committee shall be according to the votes of the majority of the members present and considering the matter. (10) The Committee may invite any person whose presence in its opinion is desirable to attend and to participate in the deliberations of a meeting of the committee but such person shall have no vote. (11) A committee shall cause minutes to be kept of the proceedings of every meeting of a committee. (12) The Commission shall assign persons employed in -the Commission to perform such secretarial and administrative functions in connection with a committee as may be necessary for the performance of its functions. - 112 Verify source ↗
(1) The Commission may
The Commission may delegate some of its powers or instruct its members, employees, or officers to perform its duties, but not the excluded powers listed in the section.
112. (1) The Commission may- (a) delegate any of the Commission’s powers under this Act, excluding the powers to make any regulations, to prescribe anything under this Act or to make an appointment under this Act or any other law, to a member, employee or officer of the commission; or (b) instruct a member, employee or officer of the commission to perform any of the commission’s duties under this Act or any other law. (2) A delegation or instruction made under subsection (1)- (a) shall be subject to any limitations and conditions the Commission may impose; and (b) does not prevent the Commission from exercising or performing the assigned power or duty. - 113 Verify source ↗
(1) TheDirectorof Elections may
The Director of Elections may delegate powers or instruct Commission employees or officers to perform duties.
113.(1) TheDirectorof Elections may- (a) delegate any of the Director of Election’s powers under this Act or any other law, to an employee or officer of the Commission; or (b) instruct an employee or officer of the Commission to ‘ perform any of the Director of Elections duties under this Act or any other law. (2) Subsection (2) of section one hundred and eleven, with the necessary modification, shall apply to a delegation or instruction of the Director of Elections under subsection (1). - 114 Verify source ↗
The Commission may authorise
The Commission may authorise printing, manufacture, supply, use, removal, or destruction of voting or election material, including use for a non-election purpose.
114. The Commission may authorise- the printing, manufacture or supply of any voting or election (a) material; (b) for a purpose other than an election purpose; or (c) the removal or destruction of any voting or election material. the use of the voters’ roll or any voting or election material Assignment of powers and duties by Commission Assignment of powers and duties by Director of Elections Printing, manufacture, use, removal etc of election material - 115 Verify source ↗
(1) The Commission shall own all voting and election materials
The Commission must own voting and election materials used in elections, and it may dispose of them six months after the final result is declared unless the High Court orders otherwise.
115. (1) The Commission shall own all voting and election materials used for, provided by it in, an election. (2) Unless the High Court orders otherwise, the Commission may dispose of the voting and election materials used in a particular election six months after the date on which the final result of the election was declared, in the manner directed by the Commission. - 116 Verify source ↗
Any mistake in the certified segment of the voters' roll under this
A mistake in the certified segment of the voters' roll does not invalidate the vote's roll.
116. Any mistake in the certified segment of the voters' roll under this Act shall not invalidate that vote’s roll. - 117 Verify source ↗
Where this Act requires that documents be publicised, or made
If the Act requires documents to be publicised or made available for inspection or copying, the Commission should also try to publish or make them available electronically.
117. Where this Act requires that documents be publicised, or made available for inspection or copying, the Commission shall endeavour to also Publicise or make available those documents by way of electronic technology. - 118 Verify source ↗
The Commission, a member, employee and officer of the
The Commission and specified associated persons are not liable for losses caused by good-faith acts or omissions done while exercising powers or duties under the Act.
118. The Commission, a member, employee and officer of the Commission, election officer or a person with whom the Commission has contracted to work for the Commission shall not be liable for any loss suffered by any person as a result of any act performed or omitted to be done in good faith in the course of exercising a power or performing a duty assigned by or under this Act. Ownership of voting and election materials and disposal Effect of certain irregularities Inspection and copying of documents Limitation of liability - 119 Verify source ↗
Whenever a person has become subject to any incapacity under
A person whose incapacity arose from a conviction or court declaration/report may apply to the High Court to have it removed if the case was based on perjured evidence; a voter cannot be required in proceedings to disclose who they voted for.
119. Whenever a person has become subject to any incapacity under this Act by reason of a conviction or by reason of any declaration or report of any Court, and any witness who gave evidence against such person upon the proceeding for such conviction, declaration or report is convicted or perjury in respect of that evidence, such person may apply to the High Court which, if satisfied that the conviction, declaration or report, so far as it concerns that person, was based upon peijured evidence, may order that, that person's incapacity shall from that time cease, and the same shall cease accordingly. When incapacity may be removed 120. No person who has voted at an election shall in any proceedings, whether brought under this Act or otherwise, be required, to state for whom the person voted for. - 121 Verify source ↗
Upon any charge of a corrupt practice or an illegal practice, or
A returning officer’s certificate is enough evidence that an election was held, and minor misdescriptions in required election documents do not invalidate them if the intended person or place is commonly understood.
121. Upon any charge of a corrupt practice or an illegal practice, or any other offence against this Act, alleged to have been at or in connection with an election, the certificate of a returning officer that the election mentioned therein was being or had been held shall be sufficient evidence of the fact that such election was being or had been held. No person required to state how person voted Evidence as to holding of election 122. No misnomer or any inaccurate description of any person or place in any register, nomination paper, notice or other document required for the purposes of this Act shall affect the full operation of the document with respect to that person or place in any case where the description of the person or place is such as to be commonly understood. Validation of certain documents Powers of officer - 123 Verify source ↗
(1) An officer may, during the campaign period and on polling
An officer may enter certain places, request information, and seize or detain material linked to offences under the Act, but may not enter a private dwelling without consent or a court warrant.
123. (1) An officer may, during the campaign period and on polling day, enter any area, place and premises in which the officer reasonably believes there is being, or had been carried on, an activity that is an offence under this Act, except that an officer shall not enter into a private dwelling without the consent of the occupant or the authority of a Court warrant. (2) An officer may request any information from any person who appears to have custody or control of any material or thing which the officer reasonably believes is being used, or was intended to be used or is likely to be used, to commit an offence under this Act. (3) An officer may seize or detain any material or thing where the officer has reasonable ground to believe that the material or thing is being used, was intended to be used or is likely to be used, to commit an offence under this Act. Obstruction of officer - 124 Verify source ↗
(1) A person shall be guilty of an offence if that person
A person commits an offence if they wilfully delay, obstruct, or assault an officer carrying out duties under the Act.
124. (1) A person shall be guilty of an offence if that person- fa,) wilfully delays or obstructs an officer in the carrying out of that officer's duties and powers under this Act; or Power of arrest (b) assaults an officer in the lawful exercise of that officers' duties and power under this Act. (2) Any person guilty of an offence under subsection (1), shall be liable, upon conviction, to a fine not exceeding seven thousand penalty units or to imprisonment for a term not exceeding six months, or to both. - 125 Verify source ↗
(1) A police officer may, without warrant, arrest any person and
A police officer may arrest and hold a person without a warrant if the listed conditions are met.
125. (1) A police officer may, without warrant, arrest any person and keep that person in custody where- (a) the person is found committing an offence or is reasonably suspected of having committed an offence under this Act; or (b) upon being requested by the police officer, the person wilfully, fails or refuses to furnish that person’s name, address or other relevant information to the satisfaction of police officer; and (c) the police officer, considers it necessary for a free and fair election; and has reasonable grounds to believe that unless arrested, the person shall- (i) escape or cause unreasonable delay to or trouble during, or for, the election; (ii) interfere with witnesses; or (iii) tamper with or destroy relevant evidence or material (2) Any person arrested under subsection (1), shall be taken before a Court within forty-eight hours, and shall not be detained for longer than is reasonably necessary for the purpose. Immunity of officer General defence • General penalty Regulatory powers of Commission - 126 Verify source ↗
An officer shall not be liable in respect of any act done or omitted
An officer is not liable for acts or omissions done in good faith while exercising duties and powers under this Act or any other written law.
126. An officer shall not be liable in respect of any act done or omitted to be done in good faith, in the exercise of that officer's duties and powers under this Act or any other written law. - 127 Verify source ↗
A person shall not be guilty of an offence under this Act, if that
A person is not guilty of an offence under the Act if they prove to the court that the act happened without their knowledge, consent, or connivance, or that they tried to stop the offence.
127. A person shall not be guilty of an offence under this Act, if that person proves to the satisfaction of the court that the act constituting the offence was done without that person’s knowledge, consent or connivance or that the person tried to prevent the commission of the offence having regard to all the circumstances of the case. - 128 Verify source ↗
Except where otherwise expressly provided in this Act, any
A person convicted of an offence under this Act may be fined or imprisoned, with higher maximum penalties for second or later offences.
128. Except where otherwise expressly provided in this Act, any person who is convicted of an offence under this Act shall be liable upon conviction- fa,) for a first offence to a fine not exceeding twenty thousand penalty units or to a term of imprisonment not exceeding five years, or to both; (b) for a second or subsequent offence to a fine not exceeding thirty thousand penalty units or to a term of imprisonment not exceeding seven years, or to both. - 129 Verify source ↗
(1) Subject to the provisions of the Constitution and of this Act,
The Commission may make election regulations, but must consult the Returning Officer before making regulations about that officer’s presidential-election functions.
129. (1) Subject to the provisions of the Constitution and of this Act, the Commission may, by statutory instrument, make regulations providing for the registration of voters for the purposes of elections and for the procedure and manner of conducting elections; separate regulations may be made in respect of each category of elections. (2) Without prejudice to the generality of subsection (1), the Commission may, by statutory instrument, make regulations providing for all or any of the following matters: (a) the registration of voters; (b) the preparation of, and the form of, registers to be used in the registration of voters; (c) the manner of ascertaining whether persons applying for registration as voters are qualified for registrations or for their inclusion in aregister for aparticular constituency; (d) the making and determination of appeals, claims and objections with respect to the registration of voters; (e) the correction, amendment and certification of registers of voters; (f) the manner in which the name of any person may be deleted from a register or voters, the transfer of the names of persons from the register of voters of one polling district to that of another polling district and the restoration of the name of a registered voters; (g) the manner and form for nomination of candidates for any election that a candidate at a direct election for the National Assembly is the authorised candidate of a political party; (h) the making and determination of appeals against the rejection of nominations by a returning officer; (i) the publication of the names of candidates whose nominations (j) are accepted; the payment of election fees by candidates, and the circumstances in which such fees are to be returned. (k) the use of symbols at an election; (I) the manner at procedure of voting at an election; (m) the manner of ascertaining the identity of persons wishing to vote at elections and whether such persons are qualified to vote; (n) the administering of oaths or affirmations by election officers in respect of such matters as may be prescribed; (o) the procedure to be followed at the conclusion of a poll in an election; (p) for the purpose of declaring any candidate duly elected, the procedure to be followed where there is an equality of votes between candidates in an election for members of the National Assembly; (q) the procedure to be followed where only one person is duly nominated for election to the office of President, or in a constituency forelection to the National Assembly; (r) the declaration, notification and publication of the results of an election; (s) the custody and disposal of nomination papers, ballot papers, records, documents or other things relating to the registration of voters and the conduct of elections; (t) election expenses and the return of election expenses; (u) the notification and publication of any casual vacancy in the elected membership of the National Assembly and the fixing of a date of an election to fill such vacancy; (v) the forms and records to be used for any of the purposes of this Act; and fw) any matter to be prescribed by or under this Act. (3) Before making any regulations which make any separate or distinct provision in respect of the functions of the Returning officer for the election of a President, the Commission shall consult the Returning Officer. (4) Regulations under this section may provide in respect of any contravention thereof that the offender shall be liable to a fine not exceeding five thousand penalty units or to a term of imprisonment not exceeding two years, or to both. (5) No prosecution for an offence against this Act shall be commenced after the lapse of one year from the date on which the offence is alleged to have been committed. - 130 Verify source ↗
The Electoral Act, 1991 is hereby repealed
This section repeals the Electoral Act, 1991.
130. The Electoral Act, 1991 is hereby repealed. Repeal of Act No, 2 of 1991
Part
PART II
- 4 Verify source ↗
(1) The Commission shall compile and maintain a voters roll in
The Commission must keep a voters roll and register of voters, may suspend voter registration when an election is due, and must suspend it immediately for a district when a by-election polling day is set.
4. (1) The Commission shall compile and maintain a voters roll in the manner and style prescribed by the Commission. (2) The Commission shall compile, maintain and update on a continuing basis, a register of voters, which shall include the names of all persons entitled to vote in any election under this Act, local government election the Local Government Elections Act or referendum under the Referendum Act: Provided that, the register of voters shall not preclude any persons from voting in a referendum under Article 79 (3) of the Constitution. (3) The Commission may suspend the registration of voters whenever an election is due. (4) Where the Commission prescribes the polling day for a by-election, the Commission shall immediately suspend the registration of voters in the district in which the by-election is to take place. - 5 Verify source ↗
Subject to the provisions of section seven, every person shall
A person is qualified to register as a voter in direct elections if they are a Zambian citizen, are at least 18, and have a national registration card, subject to section seven.
5. Subject to the provisions of section seven, every person shall be qualified for registration as a voter in direct elections who- is a citizen of Zambia; (a) (b) has attained the age of eighteen years; and (c) is in possession of a national registration card. - 6 Verify source ↗
A person applying for registration as a voter
A voter registration applicant must follow the Commission’s prescribed procedure, may choose any constituency, and must not register in more than one constituency.
6. A person applying for registration as a voter- fa) shall do so in the manner prescribed by the Commission; and (b) may register in any constituency of the person’s choice: Provided that the person shall not register in more than one constituency. - 7 Verify source ↗
Section 7
A person cannot be registered as a voter if any listed disqualifying condition applies.
7. Disqualification from registration as voter Cap. 88 (1) No person shall be qualified for registration as a voter, and no person shall be registered as a voter, who— (a) is under a declaration of allegiance to some country other than Zambia; is not a citizen of Zambia; (b) (c) has applied for registration fraudulently or otherwise than in the prescribed manner; (d) under any law in force in Zambia, is adjudged or otherwise declared to be of unsound mind, or is detained under the Criminal Procedure Code during the pleasure of the President; is disqualified from voting under section nineteen; is under sentence of death imposed by any court in Zambia, or a sentence of imprisonment imposed by such a court or substituted by any competent authority for some other sentence imposed by such a court; or is not in possession of a national registration card. (e) (f) (g) (2 ) In this section, the reference to a sentence of imprisonment shall be construed as not including a sentence of imprisonment the execution of which is suspended or a sentence of imprisonment imposed in default of payment of a fine. - 8 Verify source ↗
(1) A person qualified for registration under section five and not Registration
Eligible people must be registered as voters, no one may be entered more than once in a constituency, and registered voters must be issued a voter’s card.
8. (1) A person qualified for registration under section five and not Registration disqualified for registration under section seven, shall be registered as in voters a voter in the register of voters for any constituency of the person’s regist^r for choice, as may be prescribed. constituency (2) A person’s name shall not be entered in the voters register for more than once in any constituency. (3) A person who has been registered in the register of voters shall be issued with a voter’s card. (4) A voter’ 's card shall contain— (a) the individual’s— full names; (i) (ii) residential address; (iii) sex; (iv) dale of birth; (v) portrait; and (b) such other information as the Commission may prescribe. - 9 Verify source ↗
(1) A registered voter or person who has applied for registration as Application
A voter or voter-registration applicant who changes name or ordinary residence must apply, in the prescribed manner, to have the change recorded; a name change due to marriage is excepted.
9. (1) A registered voter or person who has applied for registration as Application a voter and whose name or ordinary place of residence has changed, t0 change shall apply, in the prescribed manner, to have that change recorded in registradon the voters’ roll or in that person’s application, except that a person details need not apply when a change of name is due to change in marital status. (2) If satisfied that a person’s application complies with this Act, the election officer shall, subject to the provisions of subsection /cur record the change in the voters ’ roll. - 10 Verify source ↗
(1) An election officer shall
An election officer must update, remove, add, or delete voter registration details in specified cases, and must record polling district changes when a voter’s residence moves into another polling district.
10.(1) An election officer shall- Amendments (a) change the registration details of a voter if the election officer t0 voters’ is satisfied that the details of that voter as reflected in the ro voters’ roll are incorrect or have changed; (b) deregister a voter, if the election officer is satisfied that the voter does not qualify, or no longer qualifies, for registration; (c) add the name and other prescribed particulars of a voter resulting from a new registration; or (d) delete the name of any person who is deceased. Notification by election officer Appeal against decision of election officer General Registration of voters (2) The election officer shall record in the voters' roll or on a person's application any change in polling districts for which a person is registered as a voter or has applied for registration, if that person's place of ordinary residence after a change in the boundaries of the polling district falls in another polling district. - 11 Verify source ↗
(1) An election officer shall notify, in the prescribed manner,
An election officer must notify certain affected people and give reasons for the refusal or other action taken.
11. (1) An election officer shall notify, in the prescribed manner, a person (a) whose application under section six for registration as a voter has been refused; (b) whose application under section nine to have a change of name or ordinary place of residence recorded, has been refused; (c) who has been deregistered as a voter under section ten; or (d) whose registration details have been changed under section ten. (2) The notification given under subsection (1), shall give reasons for the refusal or action taken. - 12 Verify source ↗
(1) A person) referred to in section eleven who feels aggrieved
An aggrieved person referred to in section eleven may appeal to the Commission, and the Commission must consider the appeal, decide it, and notify the appellant and election officer.
12. (1) A person) referred to in section eleven who feels aggrieved by a decision or action taken by an election officer under section seven or ten may appeal to the Commission against the decision or action taken, in the prescribed manner. (2) The Commission, in the prescribed manner, shall consider and decide the appeal and notify the appellant and election officer of its decision. - 13 Verify source ↗
(1) The Commission shall, for the compilation of the voters’ roll
The Commission must conduct a general voter registration for the voters’ roll, and it may set cut-off dates for related registration, appeals, objections, notice, and publication steps.
13. (1) The Commission shall, for the compilation of the voters’ roll specified in section four, conduct a general registration of voters. (2) The Commission may prescribe cut-off dates in respect of the general registration of voters and the compilation the of voters' roll, including the date by which - (a) Any person who wants to be included in the voters’ roll shall have applied for registration as a voter under section six or for the change of registration details under section nine. (b) an election officer shall notify a person under section eleven (c) an appellant may appeal in terms of section twelve; (d) The Comission shall consider and decide the appeal and notify the appellant and the election officer of the decision; (e) The election officer shall give notice of the periods during which, and the venue where, a provisionally compiled voters' roll shall be available for inspection; (f) any objections under section fourteen in respect of a provisionally compiled voters' roll shall be made; (g) the Commission shall decide an objection made under section fourteen and notify the objector and the election officer and a person other than the objector whose name or registration details are involved; and (h) An election officer shall complete the compilation of the voters' roll and publish it. - 14 Verify source ↗
(1) Any person may object to the Commission, in the prescribed
Any person may object to the Commission about a voters’ roll entry, and the Commission must decide the objection within 14 days in most cases.
14. (1) Any person may object to the Commission, in the prescribed manner, to any segment of the voters' roll or a provisionally compiled voters'roll to- Objections to voters roll (a) the exclusion of any person's name from that segment; (b) the inclusion of any person's name in that segment; or (c) the correctness of any person’s registration details in that segment. (2) A person who objects to the exclusion or inclusion of the name of another person, or to the correctness of that person's registration details, shall serve notice of the objection on that person. (3) The Commission shall decide an objection, except for an objection in relation to a provisionally compiled voters' roll, not later than fourteen days after the objection was made and notify the following persons of the decision: (a) the person who made the objection; (b) the election officer; and (c) in the case of an objection against the exclusion or inclusion of the name, or the correctness' of the registration details, of a person other than the obj ector, that other person. (4) An election officer shall give effect to a decision of the Commission, under subsection (3), within three days. - 15 Verify source ↗
(1) A copy of the voters' roll as it exists at any time shall be
The voters' roll must be open for inspection at the Commission’s head office and, for provincial and district segments, at the times and venues set by notice in the Gazette. An election officer must also give certified copies or extracts to a person who has paid the prescribed fee.
15. (1) A copy of the voters' roll as it exists at any time shall be available for inspection during office hours at the Commission's head office; and the provincial and district segments of the voters' roll shall be available for inspection at the times and venues mentioned in a notice published by the Director of Elections in the Gazette. (2) An election officer shall provide a certified copy of, or extract from, a segment of the voters' roll as it exists at that time, to any person who has paid the prescribed fee. Publication and copies of voters’ roll PART III QUALIFICATION VOTE AND ADDITIONAL MATTERS RELATING TO ELECTIONS Qualification for voting Identification of voter One vote and secrecy
Part
PART III
- 16 Verify source ↗
Subject to the provisions of sections seventeen, eighteen, and
Registered voters in the constituency are entitled to vote in a direct election there, subject to sections 17, 18, and 19.
16. Subject to the provisions of sections seventeen, eighteen, and nineteen, every person who is registered in a register of voters for a constituency shall be entitled to vote at a direct election held in that constituency. - 17 Verify source ↗
Every person shall, whenever the person wishes to vote at a direct
A person who wants to vote at a direct election must identify themselves to an election officer in the prescribed manner.
17. Every person shall, whenever the person wishes to vote at a direct election, identify oneself to an election officer in such manner as may be prescribed. - 18 Verify source ↗
(1) No person shall be entitled to vote more than once in the same
A person may not vote more than once in the same election, and certain people are barred from voting in a direct election.
18. (1) No person shall be entitled to vote more than once in the same election in accordance with this Act and as may be prescribed. (2) Every poll shall be taken by means of a secret ballot in accordance Disquali fications from voting Election to office of president Nomination of presidential candidate with this Act and as may be prescribed. 19. No person shall be entitled to vote at a direct election who (a) has been convicted of any corrupt practice or illegal practice within a period of five years Preceding that election; (b) has been reported guilty of any corrupt practice or illegal practice by the High Court upon the trial of any election petition under this Act within a period of five years preceding that election; or (c) at the date of the election is in lawful custody or the person's freedom of movement is restricted under any law in force in Zambia. - 20 Verify source ↗
An election to the office of the President shall be held in every
An election for President must be held in every constituency in Zambia under this Act and any prescribed rules.
20. An election to the office of the President shall be held in every constituency in Zambia in accordance with this Act and as may be prescribed. - 21 Verify source ↗
A candidate for election as President shall, on such day, at such
A presidential candidate must deliver nomination documents, the election fee, a statutory declaration, and an oath or affirmation at the time and place set by the Commission.
21. A candidate for election as President shall, on such day, at such time and at such place, as may be determined by the Commission, deliver to the Returning Officer- fa) the candidate's nomination paper; (b) the prescribed election fee; (c) the prescribed statutory declaration of the candidate's assets and liabilities; and (d) an oath or affirmation, as set out in the Schedule, of the candidate's Zambian citizenship, and of that candidate's parents being Zambian citizens by birth or descent: Provided that- (i) subject to sub-paragraph (ii), the contents of the documents referred to in this section shall be accepted prima facie, by the Returning Officer, as complying with the law as to qualification for election as President; (ii) notwithstanding sub-paragraph (i), if the Returning Officer is satisfied that clause (5) (a) or (c) of Article 34 or clause (2) of Article 35 of the Constitution has not been complied with, the Returning Officer shall immediately reject the nomination of the candidate. (2) The nomination paper shall be. signed by not less than two Cap. 1 hundred registered voters: Provided that no registered voter shall, for the purposes of this subsection, support more than one presidential candidate. (3) Any question, by any person, which may arise as to whether any provision of the Constitution or any law relating to nomination or election of President has been complied with shall be referred, by such person to the full bench of the Supreme Court within fourteen days of the person elected as President being sworn in, in accordance with clause 9 of Article 34 of the Constitution. Cap. 1 Cap. 1 (4) A person who swears or affirms falsely under this section shall be guilty of an offence and shall be liable upon conviction to imprisonment for a term of seven years without the option of a fine. - 22 Verify source ↗
In addition to the persons disqualified by the Constitution
An election officer cannot be elected to the National Assembly. A person convicted of, or found guilty of, a corrupt or illegal practice is also disqualified for five years.
22. In addition to the persons disqualified by the Constitution- Additional fa) an election officer shall not be qualified for election as a disqualification member of the National Assembly; and (b) any person who is convicted of any corrupt practice or illegal practice or who is reported guilty of any corrupt practice or illegal practice by the High Court upon the trial of an election petition under this Act shall not be qualified for election as a member of the National Assembly for a period of five years from the date of the conviction or of the report, as the case may be. for election to National Assembly Cap. 1 - 23 Verify source ↗
The election fee for candidates for election to the National
The election fee for candidates for election to the National Assembly is to be a prescribed fee.
23. The election fee for candidates for election to the National Election fee Assembly shall be such fee as may be prescribed. - 24 Verify source ↗
(I) The Commission shall allow a person to apply for a special vote
The Commission must let eligible persons apply for a special vote and must set the application and counting procedures.
24. (I) The Commission shall allow a person to apply for a special vote if that person cannot vote at a polling station in the polling district in which the person is registered as a voter, due to that person's - Special vote (a) physical infirmity or disability or pregnancy; or (b) absence from that polling district while serving as an officer or monitor in the election concerned, or while on duty as a member of the security services in connection with the election. (2) The Commission may declare and prescribe circumstances in, and conditions under, which a person who is unavoidably and unforeseeably unable to vote in the polling district in which that person is registered as a voter may apply to vote elsewhere. (3) The Commission shall prescribe - (a) the procedure for applying for special votes; and (b) the procedure, consistent in principle with part VI, for the casting and counting of special votes PART IV DISSOLUTION OF PARLIAMENT, ELECTION ACTIVITIES AND MATERIALS Proclamation of dissolution of Parliament Cap. 1
Part
Part relating to the counting of votes commences as soon as practicable
- 67 Verify source ↗
(1) The counting assistant shall open all the sealed, used ballot
The counting assistant must open sealed used ballot boxes, sort and count ballot papers, determine results, and reject certain ballot papers.
67. (1) The counting assistant shall open all the sealed, used ballot boxes. (2) The counting assistant shall- (a) cause the ballot papers to be sorted on the basis of the ballot papers for each election if more than one election was held at a polling station on the same day; (b) cause the ballot papers for each election be sorted and compare them with the number of ballot papers issued in the prescribed manner; (c) cause the votes cast in each election to be counted in the prescribed manner; and (d) determine the result of each count at that polling station. (3)' The counting assistant shall reject a ballot paper- fa) that indicates the identity of the voter; (b) for which a vote is cast for more than one candidate; (c) that is unmarked; (d) that is marked in such a way that it is not reasonably possible to determine the voter’s choice; (e) that does not bear the mark required in terms of paragraph (c) of subsection (5) of section sixty-one; or (f) that is not an official ballot paper. (4) The counting assistant shall mark "for rejection" on the back of each rejected ballot paper and file the rejected ballot paper separately. (5) If a counting assistant's acceptance or proposal to reject a ballot paper is disputed by all election agent, the counting assistant shall- (a) mark "disputed" on the back of that ballot paper; (b) file separately but cause to be counted, the accepted ballot paper that is disputed; and (c) file separately the rejected ballot paper that is disputed. Objection concerning sorting of ballot papers - 68 Verify source ↗
(I) An election or polling agent may object to any alleged
An election or polling agent may object to alleged irregularities in sorting ballot papers, but the objection must be made to a counting assistant in the prescribed manner before the ballot paper account is completed.
68. (I) An election or polling agent may object to any alleged irregularity in the sorting of the ballot papers under section sixty-seven (2) An objection under subsection (1) shall be made to a counting assistant, in the prescribed manner, at any stage before the counting Objections concerning counting of voters and determination of provisional result assistant has completed the ballot paper account. (3) Section sixty-two, with the necessary modifications, shall apply to an objection under this section. - 69 Verify source ↗
(I) An election or polling agent may object to an alleged inaccuracy
An election or polling agent may object to a counting error or result inaccuracy, and the counting assistant must decide the objection, notify parties, and record it.
69. (I) An election or polling agent may object to an alleged inaccuracy in the counting of the votes or the determination of a result under section sixty-seven. (2) An objection under subsection (I) shall be made to a counting assistant, in the prescribed manner, at any stage before the counting assistant has completed the ballot paper account. (3) A counting assistant shall decide the objection in the prescribed manner and decide whether to order a recount. (4) A counting assistant shall notify the objector and any other party involved in the objection of the decision made under subsection (3). (5) If a counting assistant orders a recount, the counting assistant shall determine afresh the result (6) An appeal against the decision of a counting assistant may be made to the returning officer, in the prescribed manner. (7) A counting assistant shall keep a written record, in the prescribed manner of each objection under subsection (I) and each decision under this section. Procedure concerning provisional results and voting materials verification procedure fore votes counted elsewhere - 70 Verify source ↗
(I) After determining the result at a polling station a counting
After the polling-station result is determined, the counting assistant must complete the prescribed form, and the presiding officer must announce, report, seal, and deliver the count materials.
70. (I) After determining the result at a polling station a counting assistant shall complete a form, as may be prescribed, reflecting- fa) the number of ballot papers supplied to the polling station; (ft) the result at the polling station; (c) the number of counted ballot papers that were not disputed; (d) the numb er of counted ballot papers that were disputed; (e) the number of rejected ballot papers that were not disputed; (f) the number of rejected ballot papers that were disputed; (g) the number of cancelled ballot papers; and (h) the number of unused ballot papers. (2) When a counting assistant has complied with subsection (I), the presiding officer shall announce the result of the count at voting station to members of the public, the accredited observers, monitors, election and polling agents present at the polling station. (3) When the presiding officer has complied with subsection (2), the presiding officer shall inform the Commission of the result of that count at the polling station. (4) When the presiding officer has complied with subsection (3), the presiding officer shall- (a) seal in separate containers each of the items mentioned in subsection (I) and the written record of any objections in terms of section sixty-nine: and (b) deliver the form, complied in terms of subsection (I),and the sealed containers to an officer designed by the Director of Elections - 71 Verify source ↗
(I) After receipt of the items mentioned in section seventy a
A counting assistant must inspect seals, let present observers examine them, open sealed ballot boxes and containers, verify the ballot paper account, deal with irregularities, and keep a written record.
71. (I) After receipt of the items mentioned in section seventy a counting assistant shall examine whether the seals are intact in those items. (2) A counting assistant shall allow any accredited observer, monitor, election or polling agent present to examine whether the seals are intact. (3) A counting assistant shall, after examining the seals, Open all the sealed ballot boxes and containers and shall verify the ballot paper account completed by the presiding officer by comparing it with- (a) number of used ballot boxes received; (b) the number of unused ballot boxes received; Objections concerning verification procedure Application of certain sections Determination and declaration of final result of election (c) the number of containers received; and (d) the contents of those boxes and containers. (4) A counting assistant shall deal with any irregularities and discrepancies in the prescribed manner. (5) A counting assistant shall keep a written record, in the prescribed manner, of any irregularities and discrepancies and the manner in which those irregularities and discrepancies were dealt with. - 72 Verify source ↗
Section 72
An election or polling agent may object to alleged irregularities or inaccuracies in a counting assistant’s verification procedure before votes are counted.
72. (1) At any time before the counting of votes commences, an election or polling agent may object to any alleged irregularity or inaccuracy in the verification procedure performed by a counting assistant. (2 ) An objection under subsection (I) shall be made to a counting assistant in the prescribed manner. (3 ) Subsection (5) to (7) of sixty-nine with the necessary modifications, shall apply to an objection under this section^ - 73 Verify source ↗
Sections sixty-seven to seventy, with the necessary
Sections 67 to 70 apply, with necessary modifications, to vote counting, result determination at non-polling-station venues, objections, and procedures about results and voting materials.
73. Sections sixty-seven to seventy, with the necessary modifications, shall apply to the counting of votes and the determination of the result at a venue, other than a polling station, objections and procedures concerning results and voting materials. - 74 Verify source ↗
(I) The Commission shall determine and declare the result of an
The Commission must determine and declare election results, normally immediately after polling closes, and may do so before all polling station results arrive if waiting would cause undue delay and the missing results would not materially change the outcome.
74. (I) The Commission shall determine and declare the result of an election by adding together the results received from all polling stations. (2 ) The determination and declaration of the result of an election shall occur immediately after the close of polling. (3 ) The Commission may determine and declare the result of an election without having received the results of all polling stationsi ifs.-. (a) to wait for the receipt of the result from every polling station and unreasonably delay the would unduly determination and declaration of the result of that election; and (b) the outstanding results are not likely to materially influence . the overall result of that election. Accredition of observers and monitors education PART VI Observers, Monitors and Voter 75, (1) Any juristic person may apply to the Commission, in the prescribed manner, for accreditation to observe or monitor an election. (2) The Commission may require any information it may consider necessary in support of an application under subsection (I). (3) The Commission may accredit an applicant, without the payment of any fee, to observe or monitor an election after considering the application, any other information provided by the applicant, and whether-’ (a) the accreditation of the applicant shall promote conditions conducive to a free and fair election; and (b) the persons appointed by the applicant shall- (i) observe the election impartially and independently of any registered party or a candidate contesting that election; (ii) be competent and professional in observing the election; and (iii) subscribe to a code governing observers and .monitors issued by the Commission under this Act. (4) If the Commission decides— (a) to accreditthe applicant, the Commission shall— (i) enter the applicants name in the register of persons accredited as observers and monitors; (ii) issue a certificate of accreditation in the applicants name stating the period and other conditions of accreditation; and (iii) send the certificate to the applicant; or (b) not to accredit the applicant, the Commission shall advise the unsuccessful applicants, in writing, of its decision. (5) If a person accredited as an observer or monitor fails to comply, to a material extent, with the conditions of the accreditation, the Commission may cancel that accreditation and, in writing, notify the person concerned of the cancellation and state the reasons for such cancellation. (6) Any person may inspect the register and copies of the certificates of persons accredited as observers and monitors. (7) The register and copies of the certificate shall be kept at the Commission's head office. (8) The director of Elections shall provide a certified copy of, or extract from, that register or a certificate to any person who pays the prescribed fee. (9) A person representing an accredited observer or monitor shall subscribe to a code of conduct as may be prescribed by the Commission and shall undertake to abide by the Electoral Code of Conduct. (10) Any person, representing an accredited observer or monitor, who is found guilty of Violating any election law shall be disqualified from observing or monitoring any election. (11) A register of juristic persons and institutions accredited as observers or monitors and copies of the certificates of the observers and monitors shall be kept at the Commission's head office. Cap. 119 (12) In this section "juristic person" includes an institution and organisation registered under the Societies Act.
Part
PART VIII
- 93 Verify source ↗
(1) No election of a candidate as a member of the National
An election for the National Assembly can only be challenged by an election petition, and a court may void it only on specified grounds.
93. (1) No election of a candidate as a member of the National Assembly shall be questioned except by an election petition presented under this Part. (2) The election of a candidate as a member of the National Assembly shall be void on any of the following grounds which is proved to the satisfaction of the High Court upon the trial of an election petition, that is to say— (a) that by reason of any corrupt practice or illegal practice committed in connection with the election or by reason of other misconduct, the majority of voters in a constituency were or may have been prevented from electing the candidate in that constituency whom they preferred; (b) subject to the provisions of subsection (4), that there has been a non-compliance with the provisions of this Act relating to the conduct of elections, and it appears to the High Court that the election was not conducted in accordance with the principles laid down in such provision and that such no-compliance affected the result of the election; (c) that any corrupt practice or illegal practice was committed in connection with the election by or with the knowledge and consent or approval of the candidate or of that candidate’s election agent or polling agent; or (d) that the candidate was at the time of the election a person not qualified or a person disqualified for election. (3) Notwithstanding the provisions of subsection (2), where, upon the trial of an election petition, the High Court finds that any corrupt practice or illegal practice has been committed by, or with the knowledge and consent or approval of, any agent of the candidate whose election is the subject of such election petition, and the High Court further finds that such candidate has proved that— (a) no corrupt practice or illegal practice was committed by the candidate personally or by that candidate’s election agent, or with the knowledge and consent or approval of such candidate or that candidate’s election agent; (b) such candidate and that candidate’s election agent took all reasonable means to prevent the commission of a corrupt practice or illegal practice at the election; and (c) in all other respects the election was free from any corrupt practice or illegal practice on the part of the candidate or that candidate’s election agent’s; the High Court shall not, by reason only of such corrupt practice or illegal practice, declare that election of the candidate void. (4) No election shall be declared void by reason of any act or omission by an election officer in breach of that officer’s official duty in connection with an election if it appears to the High Court that the election was so conducted as to be substantially in accordance with the provisions of this Act, and that such act or omission did not affect the result of that election. - 94 Verify source ↗
An election petition may be presented to the High Court by one
An election petition may be presented to the High Court by certain listed persons, including voters, claimed candidates, actual candidates, and the Attorney-General.
94. An election petition may be presented to the High Court by one or more of the following persons— (a) a person who lawfully voted or had a right to vote at the election to which the election petition relates; Presentation of election petition Relief which maybe claimed in election petition (b) a person claiming to have had a right to be nominated as a candidate or elected at the election to which the election petition relates; (c) a person claiming to have been a candidate at the election to which the election petition relates; and (d) the Attorney-General - 95 Verify source ↗
(1) Any of the following reliefs may be claimed in an election
A petitioner in an election petition may ask for certain reliefs and may also apply for the High Court to conduct a scrutiny of votes.
95. (1) Any of the following reliefs may be claimed in an election petition: (a) a declaration that the election was void; or (b) a declaration that any candidate was duly elected. (2) In addition to the foregoing reliefs, a petitioner may apply to the High Court upon trial of an election petition for a scrutiny to be carried out by the High Court in such manner as the Court may determine. (3) On a scrutiny at the trial of an election petition, the following votes only shall beheld invalid: (a) (b) (c) the vote of any person whose name was not on the register of voters assigned to the polling station at which the vote was cast or who was not authorised to vote at that polling station under this Act; the vote of any person whose vote was procured by any corrupt practice or illegal practice; the vote of any person who committed or procured the commission of impersonation at the election to which the election petition relates, contrary to the provisions of this Act; (d) the vote of any person proved to have voted more than once at the election to which the election petition relates; or (e) the vote of any person who was disqualified from voting at the election to which the election petition relates. (4) In this section “scrutiny” means an enquiry as to the validity of the votes cast, and includes the determination of the number of valid votes cast for each candidate in the election in respect of which the application for a scrutiny is made. Form and procedure for presentation of election petitions - 96 Verify source ↗
(1) Every election petition shall be in such form contain such
Election petitions must be in the prescribed form, signed, filed through the Registrar, and presented within the stated deadlines.
96. (1) Every election petition shall be in such form contain such matters as may be prescribed by rules made by the Chief Justice. (2) An election petition shall be presented to the High Court Principal Registry or District Registry by lodging it with the Registrar in accordance with this Act. (3) Every election petition shall be signed by the petitioner or by all the petitioners if more than one, and shall be presented not later than thirty days after the date on which the result of the election to which it relates is duly declared. (4) Not withstanding the provisions of subsection (3), when the election of any person (hereinafter referred to as “the respondent” is questioned upon an allegation of a corrupt practice or an illegal practice, the election petition may be presented- (a) at any time before the expiry of twenty-one days after the day on which the returning officer receives the return of the election expenses of the respondent; or (b) if the election petition specifically alleges a payment of money or some other act to have been made or done since the day referred to in paragraph (a) by the respondent or the respondent’s election agent, or with the privity of the respondent or of the respondent’s election agent in pursuance or in furtherance of the corrupt practice or illegal practice alleged in the election, at any time within thirty days after the date of payment or other act. (5) Where an election petition is presented under this section, the Registrar shall, in writing, inform the Speaker of the National Assembly and the Commission of such presentation. - 97 Verify source ↗
(I) Subject to the provisions of subsection (2), the Registrar, shall
The Registrar must list election petitions in the order received, keep a copy at the office, and make it open for inspection. Petitions are generally tried in list order unless the High Court orders otherwise.
97. (I) Subject to the provisions of subsection (2), the Registrar, shall make out a list of all election petitions presented under this Act, placing them on such list in the order in which they arc presented, and the Registrar shall keep at the Registrar's office a copy of the list which shall be open for inspection by any person making application for inspection thereof. (2) Every election petition shall, unless the High court orders otherwise, be tried in the order in which it stands on the list made out by the Registrar under subsection (I), but where more election petitions than one are presented in respect of the same election, the election petitions shall be bracketed together and shall be dealt with as one petition, standing, unless the High Court orders otherwise, in the list in the place 'where the last of the election petitions would have stood if it had been the only election petition presented in respect of that election. Duty of Registrar to make out list of election petition - 98 Verify source ↗
(I) Subject to the other provisions of this Act, the Chief Justice
The Chief Justice may set rules for election petition practice and procedure, and petitioners must provide security for costs; withdrawal also needs High Court leave.
98. (I) Subject to the other provisions of this Act, the Chief Justice may make rules regulating generally the practice and procedure of the High Court with respect to the presentation and trial of election petitions, including rules as to the time within which any requirement of the rules is to be complied with and as to the Rules of practice and procedure, security for costs etc. costs of and incidental to the presentation and trial of the election petitions and as to the fees to be charged in respect of proceedings therein, and generally as regard to any other matter relating thereto as the Chief Justice may consider necessary or desirable. (2) After the presentation of an election petition, every petitioner to it shall give such security for costs, not exceeding in amount the slim of eight hundred fee units, as the High Court may order, and such security shall be given within the time and in the manner and form as the Chief Justice may prescribe by rules under this section or, in the absence of the rules, as the High Court may order. (3) Where, after the presentation of an election petition, no security for costs is given as required by or under this section, no further proceedings shall be heard on that election petition. Withdrawal 99. (1) A petitioner shall not withdraw an election petition without of election the leave of the High Court. petition (2) No application for leave to withdraw an election petition shall be made until notice of intention to withdraw the election petition has been given in such manner as the Chief Justice may prescribe. (3) Where an election petition is presented by two or more petitioners, an application to withdraw the election petition shall not be made except with the consent of all the petitioners to it. (4) The High Court may, upon an application for leave to withdraw an election petition, makes order such costs as it may consider just. Substitution 100. (1) Upon the hearing of an application under section ninety- of new nine for leave to withdraw an election petition, any person who might petitioners have been a petitioner in respect of the election to which that election petition relates may, notwithstanding the provisions of section ninety- six, apply to the High Court to be substituted for the petitioner so applying to withdraw, and the High Court may, if it grants leave to the petitioner to withdraw, order that person (hereinafter referred to as “the substituted petitioner ” be substituted for the petitioner. (2) Subject to the other provisions of this section, the substituted petitioner shall, as nearly as may be, stand in the same position, and be subject to the same liabilities, under this Act as the petitioner for whom a substitution was made (hereinafter referred to as “the original petitioner”) (3) Where the High Court makes an order under subsection (1), it may direct that the security for costs given by the original petitioner shall remain as security for any costs caused thereafter by the substituted petitioner upon the trial of the election petition, and may direct that, to the extent of the amount of the security, the original petitioner shall be liable to pay the costs of the substituted petitioner. (4) Unless the High Court gives directions as in subsection (3), subsections (1) and (2) of section ninety-nine shall apply to the substituted petitioner as they apply in relation to a petitioner presenting an election petition. - 101 Verify source ↗
(1) If a sole petitioner or the survivor of several petitioners dies,
If a petitioner dies, the election petition may abate, but eligible people may ask the High Court to be substituted, and the High Court may order substitution.
101. (1) If a sole petitioner or the survivor of several petitioners dies, then subject to the provisions of this section, no further proceedings shall be heard upon the election petition. Abatement of election petitions (2) The death of a petitioner shall not affect that petitioner’s liability for the payment of costs previously incurred. (3) On the abatement of an election petition under subsection (1), any person who might have been a petitioner in respect of the election to which that election petition relates may, notwithstanding section ninety seven apply to the High Court to be substituted as a petitioner in place of the deceased petitioner and the High Court may, if it thinks fit, order that such person be substituted accordingly. (4) Where the High Court makes an order under this section for the substitution of a person in place of a deceased petitioner such person shall, as nearly as may be, stand in the same position, and be subject to the same liabilities, under this Act as the deceased petitioner would have been but for the death, and subsection (1) and (2) of section ninety-nine shall apply to the person as they apply in relation to a petitioner presenting an election petition. - 102 Verify source ↗
(1) An election petition shall be tried and determined by the
Election petitions must be tried and determined by the High Court in open court within 180 days, and the Registrar must deliver trial transcripts to the Commission.
102. (1) An election petition shall be tried and determined by the High Court in open court, within one hundred and eighty days of the presentation of the election petition as provided under section ninety seven: Trial of election petitions Provided that where an election petition is not tried and determined within the period specified in this subsection due to a failure by the petitioner to actively prosecute the petition, the High Court shall dismiss petition for want of prosecution. (2) The High Court may adjourn the trial of an election petition from time to time and from place to place. (3) Subject to the provisions of this Act, the High Court may in respect of the trial of an election petition, exercise such powers within its civil jurisdiction as it may deem appropriate. (4) On the trial of an election petition, a verbatim record of all evidence given orally in the trial shall be taken and transcripts of the record shall, at the conclusion of the proceedings, be delivered to the Commission by the Registrar. Provisions as to witnesses - 103 Verify source ↗
(I) On the trial of an election petition, the High Court may
In an election petition trial, the High Court may call and examine witnesses, and witnesses must answer questions about election-related offences even if the answers could incriminate them.
103. (I) On the trial of an election petition, the High Court may- (a) order any person who appears to the High Court to have been concerned in the election to attend as a witness at the trial; (b) examine any witness or any person who is present at the trial although such witness or person is not called as a witness by any party to the proceedings: Provided that after the examination by the High Court of a witness or person, the witness or person may be cross examined by or on behalf of the petitioner or the respondent. (2) A person who is called as a witness at the trial of an election petition shall not be excused from answering, any questions relating to any offence connected with an election on the ground that the answer thereto may tend to incriminate that person, or on the ground of the privilege: Provided that- (a) a witness who answers to the satisfaction of the High Court every question which is required to be answered under this section, and the answers to which may tend to incriminate that witness, shall not be liable to prosecution for any offence committed by that witness in connection with the election and in respect of which that witness is so examined and the witness shall be entitled to receive a certificate of indemnity under the hand of the Registrar stating that the witness is freed and discharged from liability to prosecution for that offence; (b) an answer by a witness to a question before the High Court, under this section shall not, except in the case of any criminal proceedings for giving false evidence in respect of the evidence, be admissible in any proceedings, civil or criminal, in evidence against that witness. (3) Where a person has received a certificate of indemnity under subsection (2), and any legal proceedings are at any time brought against that person for any offence to which the certificate relates, the court having conduct of the case shall, on proof of the certificate of indemnity, stay the proceedings and may award to that person such costs as the court may have been put to in the proceedings Conclusion trial of election petition (4) All responsible expenses incurred by any person in attending at or appearing before the High Court to give evidence as a witness at the trial of an election petition shall be allowed to that person according to the scale of allowances and expenses appropriate in civil proceedings before the High Court. - 104 Verify source ↗
(I) At the conclusion of the trial of an election petition, the High
After an election petition trial, the High Court decides the election result status and related reporting and cost orders.
104. (I) At the conclusion of the trial of an election petition, the High Court shall determined whether the respondent, or any other, and which person, was duly elected, or whether the election to which the election petition relates was void, and the Registrar shall as soon as may be, submit a copy of such determination Speaker of the National Assembly and to the Commission. (2) Where the High Court determines under subsection (I), that the respondent was duly the election shall be and remain valid. ,(3 ) Where the High Court determines under subsection (1), that the respondent was not duly elected but that some other person was duly elected, that other person shall be deemed to have been elected accordingly (4) Where the High Court determines under subsection (1), that the respondent was not duly elected and that no other person was duly elected, at the election concerned the vacancy in the membership of the National Assembly in respect election was held shall be deemed to continue until duly filled. (5) Where a determination under subsection (I), alters the results of an election as previously declared, it shall be the duty of the Commission to publish the results as so altered in the Gazette. (6) Where it appears to the High Court upon the trial of an election petition that any corrupt practice or illegal practice has been committed by any person in connection with the election to which the election petition relates the High Court shall, at the conclusion of the proceedings, prepare a report stating- (a) the evidence given in the proceedings respect of the corrupt practice or illegal practice; (b) the names and particular of any person by whom the corrupt practice or illegal practice was, in the opinion of the Court, committed: Provided that the Court shall not state the name or any person under this paragraph unless the person has been given an opportunity of appearing before the Court and of showing cause why that person’snameshouldnotbe stated (7) The Registrar shall deliver a copy of every report prepared by the High Court under subsection (6) to- (a) the commission; and (b) the Director of Public Prosecutions. (8) The Commission shall, as soon as it receives the report under subsection (7), instruct an officer to prosecute any person stated in the report. provisions 105. (I) Subject to the provisions of this section, all costs, charges as to costs and expenses of, and incidental to, the presentation and trial of an election petition shall be borne in such manner and in such proportions as the High Court may order and in particular, any costs which in the opinion of the High Court have been caused by any vexatious conduct or by any frivolous or vexatious allegations or objections on the part of the petitioner or of the respondent, may be ordered to be paid by the party by whom such costs have been caused. (2) Where, on the- trial of an election petition the High Court determines that the respondent was not duly elected and is of the opinion, having regard to the circumstances, that it would be just and reasonable to relieve any party to the election petition from all or a portion of the costs thereof, then- fa] if the Court finds that the election of the respondent was due to a mistake or improper performance or failure or performance of any function bonafide made by any election officer, it may, after sufficient notice to the Attorney-General to show cause to the contrary, make such order as to the payment by the State of the costs of the proceedings or a portion thereof, as it may deem proper; (b) if the Court finds that the election of the respondent was due to a mistake or improper performance, or failure of performance of any function malafide made by any election officer, it may, after sufficient notice to such officer to show cause to the contrary, make such order as to the payment by such election officer of the costs of the proceedings or a portion thereof, as it may consider proper. (3) The High Court may, on application made by any person to whom any costs, charges or expenses are payable under this Act, order the same to be paid out of any deposit made to secure the same, or by any surety who gave a recognizance to secure the same: Provided that notice of the application shall be given, in such manner as may be prescribed by rules of Court, to the party by or on whose behalf the deposit was made or for whom the surety gave a recognizance, requiring the party, or the surety and the party, as the case may be, to state , within the time and in the manner as may be so prescribed, whether that party resists the application. (4) Where, on the trial of an election petition, any person appears to the High Court to have been guilty of any corrupt practice or illegal practice relating to the election which is the subject of the election petition, the Court may, after giving that person an opportunity of making a statement to show cause why the order should not be made, order the whole or portion of the costs of, or incidental to, the trial of the election petition to be paid by that person to such person or persons as the Court may determine. (5) Execution may he levied under any Order for payment made by the High Court under this section in the same manner and to the same extent as execution may be levied under a judgement of the High Court for the payment of money, (6) Money deposited as security shall, when no longer needed as security for costs, be returned to the person in whose name it is deposited or to any person entitles to received the same by order of the High Court, which may be upon motion after notice and proof that all just claims have been satisfied or otherwise sufficiently provided for as the High Court may require. PART IX OTHER QUESTIONS RELATING TO PARLIAMENT
Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.
Ask AI about this statute
Electoral Act, 2006
Sign in to ask AI about this statute
Sign in to start authenticated, citation-grounded statute research.
Sign inLexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.