Parliamentary Elections Act, 2005

Section Interpretation Section In this Act, unless the context otherwise requires— “ agent ” by reference to a candidate , includes a representative and polling agent of a candidate ; “ authorised mark of choice ” means the tick or mark authorised under section 30 to be applied to a ballot paper against or in the picture of a candidate of choice of a voter; “ campaign period ” means the period determined by the Commission under section 20 as the period during which campaigning may take place; “ candidate ” means a person nominated as a candidate for election as an elected member of parliament; “ Commission ” means the Electoral Commission established by article 60 of the Constitution; “ Commission Act ” means the Electoral Commission Act; “ constituency ” means subject to section 101 , one of the constituencies into which Uganda is divided under article 63 of the Constitution for the purpose of elections; “ currency point ” means the value specified in relation to a currency point in the First Schedule to this Act; “ district ” means an electoral district; “ election ” means the election of a member of Parliament; “ election officer ” includes a returning officer , assistant return...

Section Election of members of Parliament Section A general election of members of Parliament shall be held in accordance with article 61 of the Constitution. Every person elected to Parliament shall take the oath of allegiance and the oath of a member of Parliament specified in the Fourth Schedule to the Constitution. Except for the purpose of taking the oaths referred to in subsection (2) of this section, no person shall sit or vote in Parliament before taking and subscribing the oaths.

Section By-elections Section Whenever a member of Parliament— dies; or where the seat of a member of Parliament becomes vacant under article 83 of the Constitution; or where the seat of a member becomes vacant under section 4 , A by- election shall not be held under this section within six months before the holding of a general election of members of Parliament.

Section Qualifications and disqualifications of members of Parliament Section A person is qualified to be a member of Parliament if that person— A person is not qualified for election as a member of Parliament if that person— Under the multiparty political system, a public officer or a person employed in any government department or agency of the government or an employee of a local government or anybody in which the government has controlling interest, who wishes to stand for election as a member of Parliament shall— For the purposes of paragraph (c) of subsection (1), any of the following persons wishing to stand for election as a member of Parliament shall establish his or her qualification with the Commission as a person holding a minimum qualification of Advanced Level or its equivalent at least two months before nomination day in the case of a general election , and two weeks in the case of a by election — is a citizen of Uganda; is a registered voter ; and has completed a minimum formal education of Advanced Level standard or its equivalent. is of unsound mind; is holding or acting in an office the functions of which involve a responsibility for or in connection with the con...

Section Forgery of certificate of academic qualification Section A person who— forges a certificate purporting it to be issued by the National Council for Higher Education under section 4 or utters such a forged certificate; or forges any academic certificate for the purpose of nomination for any election under this Act or utters such a forged certificate, A court which convicts a person under this section shall sentence him or her to a fine not less than seventy two currency points or imprisonment not less than three years or both.

Section Information to be given to returning officers Section Whenever it is considered necessary and, in any case, immediately after the date of an election is appointed, the Commission shall transmit to every returning officer — sufficient copies of this Act, and such instructions prepared by the Commission , as are required for the proper conduct of an election by the returning officer and to enable the returning officer to supply to each election officer a copy of those instructions as each election officer may require; copies of the voters’ roll for each polling station within the electoral district ; sufficient blank report books and other election materials; and sufficient funds to cover all the expenses to be incurred by the returning officer in carrying out the electoral process. The Commission shall also transmit to each returning officer as soon as practicable, after nomination days, a sufficient number of ballot papers for each constituency within the electoral district of the returning officer in any case not later than three days before the polling day .

Section Secrecy required of election officers and others Section Every candidate , election officer , clerk, candidate ’s agent or other person in attendance at a polling station during the counting of the votes shall maintain and aid in maintaining the secrecy of the voting, and no candidate , officer, clerk, candidate ’s agent or other person shall— A candidate , election officer , candidate ’s agent or other person on duty at the polling station shall not, except for a purpose authorised by law, communicate to any person any information as to— at the polling station, interfere with, or attempt to interfere with, a voter when marking the ballot paper, or otherwise attempt to obtain information with respect to the candidate for whom any voter is about to vote or has voted; at the counting of the votes, attempt to ascertain the number on the counterfoil of any ballot paper; at any time, communicate any information with respect to the manner in which any ballot paper has been marked in his or her presence in the polling station; at any time or place, directly or indirectly, induce or endeavour to induce any voter to show his or her ballot paper after he or she has marked it, so as t...

Section Votes to be counted at each polling station Section The presiding officer and the candidates or their agents, if any, shall sign and retain a copy of a declaration stating— The following shall apply in respect of the signing of the declaration and the announcement of the results of voting under subsection (5)— where any of the candidates or their agents refuse or fail to sign the declaration form— Votes cast at a polling station shall be counted at the polling station immediately after the presiding officer declares the polling closed and the votes cast in favour of each candidate shall be recorded separately in accordance with this Part of this Act. Subject to section 57 , no votes shall stay uncounted overnight and, where required, the presiding officer shall provide light for the purposes of counting votes. A candidate may be present in person or through his or her representative or polling agent at each polling station, and at the place where the returning officer tallies the number of votes for each candidate or conducts a recount under section 54 for the purposes of safeguarding the interests of the candidate with regard to all stages of the counting, tallying or reco...

Section Complaints during the counting of votes Section A candidate or a candidate ’s agent or any voter present may raise any objection during the counting of the votes, and each presiding officer shall— keep a record, in the report book, of every objection made by any candidate or a candidate ’s agent or any voter present, to any ballot paper found in the ballot box; and decide every question arising out of the objection. Every objection recorded under subsection (1) shall be numbered and a corresponding number placed on the back of the ballot paper to which it relates and the ballot paper shall be initialled by the presiding officer and it shall be witnessed by the polling assistants and candidates’ agents. The decision of a presiding officer in respect of an objection raised under subsection (1) is final, subject to reversal only on recount or on a petition questioning the election return.

Section Votes to be treated as invalid Section A vote cast is invalid if— where the voting is by placing a mark of choice on the ballot paper— the ballot paper is torn into two or more parts; or the voter marks the ballot paper with a mark other than the authorised mark of choice ; or places the authorised mark of choice on the ballot paper in such a way that the choice of the voter cannot be reasonably ascertained. A ballot paper shall not be taken as invalid under this section irrespective of where the authorised mark of choice is placed, so long as the voter ’s choice can be reasonably ascertained. A vote which is invalid shall not be counted in determining the results of the election .

Section Declaration of results forms Section Each presiding officer shall fill the necessary number of copies of the prescribed form for the declaration of results as follows— The sealed ballot box referred to in subsection (2) shall contain the following items— one copy of the completed form shall remain attached to the report book referred to in paragraph (c) of subsection (1) of section 6 ; one copy shall be retained by the presiding officer for display in a conspicuous place at the polling station; [paragraph (b) amended by section 10(a)(i) of Act 12 of 2010 ] one copy shall be enclosed in an envelope supplied by the Commission for the purpose, sealed by the presiding officer and delivered to the sub-county headquarters or division headquarters to the designated officer of the Commission together with the report book for transmission to the returning officer; [paragraph (c) substituted by section 10(a)(ii) of Act 12 of 2010 ] one copy shall be delivered to each of the candidates’ agents or, in the absence of those agents, to any voters present claiming to represent the candidates; and one copy shall be deposited and sealed in the ballot box. The presiding officer shall, in the...

Section Collection of results Section Each presiding officer shall, without any delay after closing the poll, transmit or deliver to the returning officer or to the nearest results collecting centre— The presiding officer shall, immediately after close of polls, deliver the declared results and the sealed ballot box to the sub-county headquarters or the division headquarters to the designated officer of the Commission together with the report book for transmission to the returning officer . [subsection (1) substituted by section 11(a) of Act 12 of 2010 ] A polling agent who wishes to accompany the presiding officer to witness the delivery under subsection (1) may do so at his or her own expense. [subsection 1(a) inserted by section 11(b) of Act 12 of 2010 ] the sealed ballot box; the duly filled and signed declaration of results form; the report book filled in and signed by the presiding officer and the polling assistants.

Section Safe keeping of election materials and records Section A returning officer shall, on receipt of each ballot box— The returning officer shall be responsible for the safe custody of all the election documents used in the district in connection with an election until the documents are destroyed in accordance with the directions of the Commission , but the Commission shall not give such directions before the settlement of disputes if any arising from the election . take every precaution for its safe custody; examine the seal affixed to the ballot box, with a view to ensuring that the box is properly sealed; and if the box is not in good order, record his or her observations and affix a different seal supplied by the Commission .

Section Tallying of results by the returning officer Section After all the envelopes containing the declaration of results forms have been received the returning officer shall, in the presence of the candidates or their agents or such of them as wish to be present, open the envelopes and add up the number of votes cast for each candidate as recorded on each form. The returning officer may open the envelopes and add up the number of votes cast even though some of the envelopes have not been received, if the candidates or the candidates’ agents and a police officer not below the rank of Inspector of Police are present. Where any envelope under subsection (1) does not contain the results of the poll, the returning officer may, for the purpose of finalising a statement of the poll, use the declaration of results form in the presiding officer ’s report book. If the report book does not contain the declaration of results form duly filled by the presiding officer , the returning officer may, in the presence of a police officer, not below the rank of Inspector of Police and any of the candidates or candidates’ agents who wish to be present, open the ballot box in order to obtain the declar...

Section Cases of mandatory recount Section Where, after the official addition of the votes— there is an equality of votes between two or more candidates obtaining the highest number of votes; or the number of votes separating the candidate receiving the highest number of votes and any other candidate is less than fifty, the returning officer shall, if requested in writing by a candidate , a candidates’ agent or a voter registered to vote in the constituency , in the presence of a senior police officer recount the votes after giving a written notice of the intention to recount to all interested parties. Where a recount under this section results in an equality of votes among two or more candidates obtaining the highest number of votes, a run off election shall be held involving only the candidates with equal votes; and the election shall take place not later than thirty days from the date of the recount.

Section Application to Chief Magistrate for a recount Section Within seven days after the date on which a returning officer has, in accordance with section 58 , declared as elected the candidate who has obtained the highest number of votes, any candidate may apply to the Chief Magistrate for a recount. The Chief Magistrate shall appoint the time to recount the votes which time shall be within four days after receipt of the application under subsection (1) and the recount shall be conducted in accordance with the directions of the Chief Magistrate. A candidate who requests a recount under this section shall deposit with the Chief Magistrate a security for costs of thirty currency points.

Section Recovery of costs of recount Section Where a recount under section 55 does not alter the result of the poll as to affect the declaration by the returning officer under section 58 , the court may order the costs of the candidate declared to be paid by the person who applied for the recount. The monies deposited as security for costs shall, so far as necessary, be paid out to the candidate in whose favour costs are awarded and, if the deposit is insufficient to cover the costs, the court shall order the liable party to pay the balance.

Section Interruption or postponement of counting, tallying or recounting Section Where counting, tallying or recounting of votes is interrupted by a riot or violence or any other cause, the presiding officer or returning officer shall adjourn the counting, tallying or recounting to the next day or to any other time of the same day and shall immediately inform— in the case of the presiding officer , the returning officer ; or in the case of the returning officer , the Commission , Where the counting, tallying or recounting of votes is adjourned to the following day under subsection (1), the time, procedure and manner of the subsequent counting, tallying or recounting shall be as on the original occasion. Where counting is adjourned under this section, the ballot boxes shall be kept in safe custody and the candidates or their agents shall be entitled to be present to keep watch on the boxes until counting resumes.

Section Declaration of winning candidate Section Upon completing the return, every returning officer shall transmit to the Commission the following documents— Each returning officer shall, immediately after the addition of votes under subsection (1) of section 53 , or after any recount, declare elected the candidate who has obtained the largest number of votes by completing a return in the prescribed form. the return form; [paragraph (b) repealed by section 12(a) of Act 12 of 2010 ] the tally sheets; and the declaration of results forms from which the official addition of the votes was made. A returning officer shall compile and submit to the Electoral Commission within seven days after the conclusion of the election , a detailed report of the election within the returning officer 's electoral district . [subsection (2a) inserted by section 12(b) of Act 12 of 2010 ] Where a returning officer receives notice of a recount under section 55 , he or she shall delay transmission of the return and report for the constituency in question until he or she has received from the court a certificate of the results of recount.

Section Declaration of results and reports by the Commission Section The Commission shall, after the election , ascertain, declare in writing under its seal and publish, the result of the election in each constituency within forty eight hours after the close of polling. [subsection (1) substituted by section 13 of Act 12 of 2010 ] The Commission shall, as soon as practicable after each general election , produce a detailed report on the conduct of the election and submit it to the Minister who shall in turn present it before Parliament. For the purposes of a report under subsection (2), every candidate at an election and every official agent of any candidate has the right to send to the Commission a statement in writing containing any complaint that he or she may wish to make with respect to the conduct of the election or of any election officer and any suggestions with respect to such changes or improvements in the law or in the administration arrangements as he or she may consider desirable.

Section District or city women representatives and special interest groups Section There shall be the following representatives of special interest groups in Parliament for the purposes of article 78(1)(c) of the Constitution— The following provisions shall apply to district women representatives and special interest groups referred to in subsection (2)— in the case of the election of district women representatives— Where a new district is created the following provisions shall apply to the election of district women representatives— As required by article 78(1)(b) of the Constitution, there shall be one woman representative in Parliament for every district or city. for the Uganda Peoples Defence Forces there shall be ten representatives at least two of whom shall be women; for workers there shall be five representatives at least one of whom shall be a woman; for the youth there shall be five representatives at least one of whom shall be a woman; and for persons with disabilities, there shall be five representatives, at least one of whom shall be a woman. In accordance with article 78(2) of the Constitution, Parliament shall review the representation under article 78(1)(b) and (c)...

Section Sponsorship of candidates by political organisations or political parties Section Under the multiparty political system, nomination of candidates may be made by a political organisation or political party sponsoring a candidate or by a candidate standing for election as an independent candidate without being sponsored by a political organisation or political party.

Section Procedure for the nomination of candidates Section Nomination of a candidate shall be made on nomination day by two registered voters appearing in person tendering to the returning officer the following— a nomination paper in duplicate in the prescribed form containing a statement under oath by the person seeking nomination specifying— a statement under oath stating that— For the purpose of subsection (1)(a)(i)— the name, age, address and occupation of the person seeking nomination; the address designated by the person seeking nomination for service of process and papers under this Act; the name and address of a person appointed official agent by the person seeking nomination; a statement signed by the person named under paragraph (a)(iii), stating that he or she has accepted the appointment as agent for the candidate; the names and signatures of a minimum of ten persons who are registered voters in the constituency where the person seeks nomination as a candidate supporting the nomination and each of the persons so signing shall state in the nomination paper his or her village, occupation and personal voter registration number; and the person seeking nomination is a citize...

Section Factors which do not invalidate nomination paper Section A returning officer shall refuse to accept any nomination paper if— A nomination paper shall be signed by persons who are qualified voters in the constituency and if any person, who is not a qualified voter signs the nomination paper , the nomination paper shall be invalid. an allegation of ineligibility of the candidate is made and the grounds for the allegation appear on the nomination paper ; there appears a major variation between the name of any person as it appears on the nomination paper and the voters roll; there is any imperfection in the nomination paper leading to a substantial diversity from the requirements of this Act. A nomination paper which a returning officer has refused to accept for filing may be replaced by another nomination paper or may be corrected; except that a new or corrected nomination paper shall be filed with the returning officer not later than the time for the closure of nomination specified in section 9 . The returning officer shall, immediately after the expiry of the nomination time, announce the name of every candidate who has been duly nominated.

Section Factors which may invalidate a nomination Section A person shall not be regarded as duly nominated for a constituency and the nomination paper of any person shall be regarded as void if— the person’s nomination paper was not signed and countersigned in accordance with subsection (1) of section 11 ; the nomination fee referred to in subsection (3) of section 11 was not lodged with his or her nomination paper; the person seeking nomination was not qualified for election under section 4 ; the person seeking nomination has been duly nominated for election for another constituency for which the poll has not taken place; or the person has not complied with the provisions of section 4 .

Section Where no candidate or where one candidate is nominated Section Where, at the close of the nomination days— no person has been duly nominated for election for a constituency , the returning officer shall report the fact to the Commission and the Commission shall fix a new polling day under section 18 and the Chairperson of the Commission shall appoint fresh nomination days in respect of the constituency in question; only one person has been duly nominated for election for a constituency , the returning officer shall forthwith declare that person duly elected as a member of Parliament with effect from the polling day fixed in accordance with this Act. Where a returning officer makes a declaration under subsection (1)(b), the returning officer shall notify the Commission which shall cause to be published in the Gazette a notice of the name of the candidate declared so elected and the day with effect from which he or she was declared elected. If, by virtue of an appeal under section 16 or as otherwise permitted under this Act, an additional candidate is later duly nominated, the Commission shall revoke the Gazette notice and the returning officer shall revoke his or her declara...

Section Inspection of nomination papers and lodging of complaints Section Any voter registered on the voters roll of a constituency may— during office hours on the nomination day at the office of the returning officer , inspect any nomination paper filed with the returning officer in respect of the constituency ; after the closure of the nomination time and during such period as may be prescribed, inspect any nomination paper in respect of the constituency at such time and subject to such conditions as may be prescribed; and

Section Right to complain to the Commission upon rejection of nomination paper Section Where a nomination paper of a person has been rejected or has been regarded as void by virtue of section 13 — the returning officer shall forthwith notify the person of the decision giving reasons for the decision; and the person shall have the right to complain against the decision to the Commission within seven days from the date of rejection and the Commission may confirm or reverse the decision of the returning officer within seven days from the receipt of the complaint.

Section Allocation of symbols and colours Section Where an election is contested, the Commission shall as soon as practicable after the nomination days— allocate to each candidate the symbol of his or her political organisation or political party in the case of a candidate sponsored by a registered political organisation or political party; allocate to a candidate who is not sponsored by a political organisation or political party, a symbol or colour chosen by him or her; or in any other case allocate such symbol or colour as it considers appropriate. A symbol or colour under subsection (1)(b) and (c) shall be chosen or assigned for the purpose of this section from among symbols and colours approved by the Commission for the purposes of the election . [Please note: numbering as in original] A person shall not be allocated a symbol or colour which has a tribal or religious affiliation or any other sectarian connotation.

Section Commission to appoint polling day and tallying places Section The Commission shall, as soon as practicable after nomination days, by notice in the Gazette , appoint— At least ten days before polling day, each returning officer shall— a day to be known as polling day; and the time and the place where each returning officer will tally the number of votes given to each candidate at each polling station. Polling day appointed under subsection (1) shall be not later than forty five days after nomination days. fix at his or her office within the district and in each constituency, a list of the names of all the presiding officers and polling assistants appointed under the Commission Act for each polling station in the electoral district, with the names and numbers of their respective polling stations to enable persons to raise any objections they feel necessary; and permit free access to and afford full opportunity for the inspection of the list by the candidates or their agents and any other interested persons during normal working hours. The time to be indicated under subsection (1)(b) as the time when the returning officer will tally the votes given to the several candidates sh...

Section Withdrawal of candidates for election Section Where as a result of withdrawal of other candidates for election there remains only one candidate, the returning officer shall immediately declare the remaining candidate elected unopposed. [section 19A inserted by section 4 of Act 12 of 2010 ]

Section Withdrawal of candidates Section Where a candidate withdraws after nomination day and after the ballots are printed, the returning officer shall— Where a candidate withdraws under this section, the presiding officer shall, on polling day— Subject to subsections (2) and (3), a duly nominated candidate for election for a constituency may withdraw his or her nomination at any time before polling day or the first polling day, as the case may be, in the election for which the person is standing as a candidate. A withdrawal of a candidate under subsection (1) shall be effected by means of a written notification to the returning officer and shall be signed by the candidate personally and the candidate’s signature shall be witnessed by the signatures of two registered voters of the constituency concerned. Where a candidate is sponsored by a political party or organisation, the notification shall be signed and filed by the Secretary General of the political party or organisation or any other person authorised by the political party or organisation. [subsection (2a) inserted by section 3 of Act 12 of 2010 ] Any vote cast on polling day for a candidate who has withdrawn his or her nom...

Section Appointment of nomination days Section The Commission shall issue a notice in the Gazette appointing two days during which the nomination of candidates are to take place indicating— the place and times fixed for the nomination of candidates; and the hours on each nomination day , during which nominations are to take place. Every place fixed under paragraph (a) of subsection (1) for the nomination of candidates shall be a public place such as a court house, city or town hall, community centre or other public or private building in a central place in the electoral district or the place that is most convenient for the majority of voters in the electoral district . The hours to be indicated in accordance with paragraph (b) of subsection (1) shall be from nine o’clock in the morning to five o’clock in the evening on each nomination day .

Section Campaign programmes Section Subject to the provisions of the Constitution and this Act, the Commission may determine the manner and the period during which campaigns shall take place and shall publish that information in the Gazette and forward a copy to each returning officer . Each candidate shall give his or her campaign programme to the returning officer and the returning officer shall ensure that campaign meetings by different candidates do not coincide in one parish . At campaign meetings the candidate may use the local language of the area. Campaign meetings shall not commence until the expiry of nomination days. A campaign meeting shall not be held within twenty-four hours before polling day . The Commission shall ensure that adequate security is provided for candidates at campaign meetings. Subject to the provisions of this section, every candidate for election to Parliament has a right to conduct his or her campaign freely and in accordance with the law.

Section Protection and immunity of candidates Section A person shall not, while campaigning, use any language— A person who contravenes subsection (3) commits an offence and is liable, upon conviction— During the campaign period , every public officer and public authority and institution shall, as far as possible, give equal treatment to all candidates. Subject to any other law, every candidate shall enjoy complete and unhindered freedom of expression and access to information in the exercise of the right to campaign under this Act. which constitutes incitement to public disorder, insurrection or violence or which threatens war; or which is defamatory or insulting or which constitutes incitement to hatred. in case of an offence under subsection (3)(a), to a fine not exceeding one hundred and twenty currency points or imprisonment not exceeding five years or both; and in the case of an offence under subsection (3)(b), to a fine not exceeding twenty four currency points or imprisonment not exceeding one year or both. The Commission may issue guidelines to be complied with by every candidate while conducting his or her campaign for the election under this Act.

Section Rights of candidates Section In particular, the following acts are prohibited under subsection (5)— making statements which are false— A person who contravenes any of the provisions of subsections (3), (5), (6), (7) and (8) commits an offence and is liable on conviction— A candidate in an election shall not be denied reasonable access to and use of, State-owned communication media. Subject to any other law, during the campaign period any candidate , may, either alone or in common with others, publish campaign materials in the form of books, booklets, pamphlets, leaflets, magazines, newspapers or posters intended to solicit votes from voters but shall, in any such publication specify particulars to identify the candidate or candidates concerned. A person shall not, during the campaign period print, publish or distribute, a newspaper, circular or pamphlet containing an article, report, letter or other matter commenting on any issue relating to the election unless the author’s name and address, are set out at the end of the article, report, letter or other matter or, where part only of the article, report, letter or matter appears in any issue of a newspaper, circular, pamphle...

Section Non-sectarian campaign Section A person who contravenes subsection (1) or (2) commits an offence and is liable on conviction— A person shall not use a symbol or colour which has a tribal, religious affiliation or any other sectarian connotation as a basis for that persons candidature for election or in support of that person’s campaign. Under the movement political system, a person shall not use as a basis for his or her candidature or campaign, a symbol or colour of a political party or organisation. in the case of an offence under subsection (1), to a fine not exceeding one hundred and twenty currency points or imprisonment not exceeding five years or both; and in the case of an offence under subsection (2), to a fine not exceeding twenty four currency points or imprisonment not exceeding one year or both.

Section Interference with electioneering activities of other persons Section A person who, before or during an election , for the purpose of effecting or preventing the election of a candidate either directly or indirectly— by words, whether spoken or written, song, sign or any other representation or in any manner seeks to excite or promote disharmony, enmity or hatred against another person on grounds of sex, race, colour, ethnic origin, tribe, birth, creed or religion; organises a group of persons with the intention of training the group in the use of force, violence, abusive, insulting, corrupt or vituperative songs or language calculated to malign, disparage, condemn, insult or abuse another person or candidate or with a view to causing disharmony or a breach of the peace or to disturb public tranquillity so as to gain unfair advantage in the election over that other person or candidate ; obstructs or interferes or attempts to obstruct or interfere with the free exercise of the franchise of a voter or compels or attempts to compel a voter to vote or to refrain from voting; compels, or attempts to compel a candidate to withdraw his or her candidature; in any manner threatens an...

Section Use of Government resources Section Except as authorised under this Act or otherwise authorised by law, no candidate shall use Government or public resources for the purpose of campaigning for election . Where a candidate is a Minister or holds any other political office, he or she shall, during the campaign period , restrict the use of the official facilities ordinarily attached to his or her office to the execution of his or her official duties. For the purposes of enforcing this section the Commission shall, by writing require any candidate to state in writing the facilities ordinarily attached to any office held by that person to which subsection (2) applies and the candidate shall comply with the requirement. This section applies with the necessary modifications to an employee of a statutory corporation or company in which the government owns a controlling interest and a member of a commission or committee established by the Constitution as it applies to a public officer . A person who contravenes any provision of this section commits an offence and is liable on conviction to a fine not exceeding twenty four currency points or imprisonment not exceeding one year or bot...

Section Where a candidate dies Section Where a candidate dies after nominations but before polling day, the commission shall fix fresh nomination days giving such time as the commission thinks reasonable to enable new candidates to be nominated. Where fresh nomination days are fixed under subsection (1), any candidate previously validly nominated shall not be required to be nominated again. An election arising out of a postponement effected under subsection (1) shall as far as practicable be conducted in accordance with this Act. [section 26 substituted by section 2 of Act 15 of 2015 ]

Section Distribution of election materials Section Within forty-eight hours before polling day , every returning officer shall furnish each presiding officer in the district with— a sufficient number of ballot papers to cover the number of voters likely to vote at the polling station for which the presiding officer is responsible; a statement showing the number of ballot papers supplied under paragraph (a) with the serial numbers indicated in the statement; and any other necessary materials for the voters to mark the ballot papers and complete the voting process.

Section Publication of list of polling stations and candidates Section The Commission shall, by notice in the Gazette publish— a list of the polling stations in each constituency ; and a list of the names of the candidates nominated for each constituency in alphabetical order with surnames first. The Commission shall also forward each list referred to in subsection (1) to all returning officers; and the returning officers shall ensure that the lists relevant to each constituency are published widely in that constituency .

Section Packing and dispatch of election materials Section The Commission shall provide political parties, political organisations and independent candidates taking part in an election with— Political parties, political organisations and independent candidates taking part in an election may, through their duly appointed representatives, be present during the packing and dispatch of election materials. the serial numbers of ballot papers supplied to each polling station; and the serial numbers of seals affixed to and enclosed in the ballot boxes supplied to all polling stations, Any replacement of the seals referred to under paragraph (b) of subsection (2) shall be documented by the presiding officer and witnessed by the agents of the political parties, political organisations and independent candidates present at the polling stations. [section 28A inserted by section 5 of Act 12 of 2010 ]

Section Polling stations and voting time Section Every polling station shall, as far as possible, be located in an open ground, or where there is no open ground, in large premises of convenient access, having an outside door for the admittance of voters, and, if possible, another door through which voters may leave after voting and the polling station shall, as far as possible be such as to facilitate access by persons with disabilities and the aged. At every polling station, polling time shall commence at seven o’clock in the morning and close at four o’clock in the afternoon. [subsection (2) amended by section 3 of Act 15 of 2015 ] In the process of voting a voter shall not be allowed to carry a bag or anything that can be used for concealment. Any person registered as a voter and whose name appears in the voters’ roll of a polling station and who holds a valid voters’ card shall be entitled to vote at the polling station. If at the official hour of closing the poll in subsection (2) there are any voters in the polling station, or in the line of voters under subsection (3) of section 30 who are qualified to vote and have not been able to do so, the polling station shall be kept o...

Section Polling and polling procedure Section At every polling station there shall be positioned— a second table positioned at least fifteen metres from the first with an ink pad, two pens, each pen being attached to the table with a string measuring about one metre in length, where every voter shall— Where for the purposes of subsection (5) (d)— Voting at every election shall be by secret ballot using one ballot box at each polling station for all candidates in accordance with this Act. A presiding officer shall not inquire about or attempt to see, for whom a voter intends to vote; and any person who contravenes this subsection commits an offence and is liable to a fine not exceeding twenty four currency points or imprisonment not exceeding one year or both. On polling day , all voters intending to vote shall form one line commencing backward from a point each at least twenty metres away from the table at which each voter is to place the authorised mark of choice on the ballot paper. Voters who have cast their votes and all other persons in the vicinity of the polling station other than election officers, candidates, candidates’ agents and observers shall stand or sit at least twe...

Section A person not to vote more than once Section A person shall not vote or attempt to vote more than once at any election irrespective of the number of offices held by the person relevant to the election . For the purposes of ensuring that no voter casts a vote more than once, a presiding officer or a polling assistant shall, before issuing a ballot paper, inspect the fingers of any voter in order to ascertain whether or not the voter has been marked with indelible ink in accordance with section 30 . The presiding officer or polling assistant, as the case may be, shall refuse to issue a ballot paper to the voter referred to in subsection (2) if the presiding officer or polling assistant has reasonable grounds to believe that the voter has already voted or if the voter refuses to be inspected under that subsection. A person who refuses to be inspected under subsection (2) and votes or attempt to vote commits an offence and is liable on conviction to a fine not exceeding twelve currency points or imprisonment not exceeding six months or both.

Section Polling agents of candidates Section A candidate may be present in person or through his or her representative or polling agent at each polling station for the purposes of safeguarding the interests of the candidate with regard to the polling process. Not more than two representatives or polling agents shall be appointed by a candidate under subsection (1) and the appointment shall be in writing addressed to the presiding officer of the polling station. A representative or polling agent appointed under subsection (2) shall report to the presiding officer of the polling station on polling day and shall sit at a table provided under section 31 (5)(a) or be positioned in such a way that he or she is able to crosscheck the names of the voters on the voters’ roll against the voter’s card or any other identification given. [subsection (3) amended by section 6 of Act 12 of 2010 ] A representative or polling agent appointed under this section shall be paid an allowance determined by the Commission.

Section No delay in voting Section Every voter shall vote in accordance with section 30 without undue delay and may leave the polling station as soon as his or her ballot paper has been put into the ballot box under that section. The presiding officer may allow expectant mothers, old or sickly voters or voters with disabilities and persons required for essential duties to vote without waiting in the line of voters.

Section Procedure for handing ballot paper to voter Section A voter wishing to obtain a ballot paper, for the purpose of voting, shall produce his or her voters’ card to the presiding officer or polling assistant at the table under paragraph (a) of subsection (5) of section 30 . If the presiding officer or polling assistant is satisfied that the voter ’s name and number indicated in the voter’s card correspond to the voter ’s name and number in the voter ’s register for the polling station, he or she shall issue a ballot paper to the voter . Where a person does not have a voter’s card but is able to prove to the presiding officer or polling assistant that his or her name and photograph are on the voter ’s register, the presiding officer or polling assistant shall issue him or her with a ballot paper; [subsection (3) substituted by section 7(a) of Act 12 of 2010 ] Where a person has a voter’s card and his or her name appears on the register but the photograph does not appear on the register, the presiding officer or polling assistant shall issue him or her with a ballot paper. [subsection (3a) inserted by section 7(b) of Act 12 of 2010 ] The presiding officer or polling assistant sh...

Section Where a voter spoils ballot paper Section A voter who has inadvertently dealt with the ballot paper delivered to him or her under paragraph (a) of subsection (5) of section 30 in such a manner that it has become impracticable to use it, shall return it to the presiding officer who shall— deface it by making two diagonal lines across it and writing the word “spoilt” on it; and deliver another ballot paper to the voter .