Presidential 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 ; “ aspirant ” means a person intending to stand as a candidate during the election for the office of President; “ authorised mark of choice ” means the tick or mark authorised under section 31 to be applied to a ballot paper against the picture of a candidate of choice of a voter; “ campaign period ” means the period determined by the Commission under section 21 as the period during which campaigning may take place; “ candidate ” means a person duly nominated as a candidate for a presidential election under section 10 ; “ Commission ” means the Electoral Commission established article 60 of the Constitution; “ Commission Act ” means the Electoral Commission Act; “ constituency ” means one of the constituencies into which Uganda is divided pursuant to 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; “ district ” means an electoral district; “ election ” means a presidential election; “ electio...

Section Election of President Section Apart from the election required to be held by clause (2) of Article 61 of the Constitution, election of the President shall also be held in the following circumstances— The election of the President shall be by universal adult suffrage through a secret ballot using one ballot box for all candidates at each polling station. The election of the President shall, subject to article 61 of the Constitution, be held during the first thirty days of the last one hundred and twenty two days before the expiration of the term of the President. [subsection 2(2) amended by section 1 of Act 11 of 2020 ] an election held under clause (6) of article 104 of the Constitution where a presidential election is annulled; an election held under clause (3) of article 105 of the Constitution where the office has become vacant by expiration of the term of the President or if the incumbent dies or resigns or ceases to hold office as President by removal under article 107 of the Constitution; an election held under clause (2) of article 109 of the Constitution within six months after the death, resignation or removal of the President; and an election necessitated by the f...

Section Aspirant consultations Section While consulting under subsection (1), a presidential aspirant may— An aspirant may consult in preparation for his or her nomination as a presidential candidate . [subsection (1) amended by section 1 of Act 14 of 2010 ] carry out nation-wide consultations; prepare his or her manifesto and other campaign materials; raise funds for his or her campaign through lawful means; convene meetings of national delegates. While consulting, the aspirant shall introduce himself or herself to the Commission and notify the relevant local council and the police of the area to which he or she goes.

Section Qualifications for candidates Section Subject to clause (7) of article 15 of the Constitution, a person is qualified for election as President if that person— A person is not qualified for election as a member of Parliament if that person— For the purposes of subsection (3)(c), any of the following persons wishing to stand for election as President shall establish his or her qualification with the Electoral 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 normal presidential election, or where a presidential election is held otherwise than as a result of expiry of the term of the President, at least two weeks before nomination day— is a citizen of Uganda by birth; is a registered voter; and has completed a minimum formal education of Advanced Level standard or its equivalent. The Commission shall request such evidence as it thinks necessary of the qualifications specified in subsection (1). [subsection (3) repealed by section 2(b) of Act 11 of 2020 ] is of unsound mind; is holding or acting in an office the functions of which involve a responsibility for or in connection wi...

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 need; 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 twenty four hours before polling day . [subsection (2) amended by section 2 of Act 14 of 2010 ]

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 a candidate , officer, clerk, candidate ’s agent or other person shall not— A candidate , election officer , candidates agent or other person on duty at a 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 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 to make known to any person the name of the candidate for or against whom the voter has cast his or her...

Section Procedure of nomination Section A person shall not be a candidate in a presidential election unless— The nomination paper shall be accompanied by— A returning officer shall not refuse to accept any nomination paper — that person submits to the Commission on or before the day appointed as nomination day in relation to the election , a document, in this Act referred to as a nomination paper , in the form specified in the Third Schedule to this Act, which is signed by that person, nominating him or her as a candidate ; and the nomination is supported by not less than one hundred voters in each of at least two thirds of all the districts in Uganda. A candidate shall be proposed and seconded in the manner specified in the Third Schedule to this Act. Each candidate shall attach to his or her nomination paper a list of names of the registered voters required under subsection (1) (b); and each of those registered voters shall, append to that list his or her name, signature, physical address and voter registration number as specified in the Third Schedule. A person shall not subscribe to more than one nomination paper and no person shall give his or her support under subsection (3)...

Section Factors which may invalidate a nomination Section A person shall not be regarded as duly nominated and the nomination paper of any person shall be regarded as void if— the person’s nomination paper was not signed and seconded in accordance with section 10 (1) and (2); the nomination paper of the person was not accompanied by the list of names of registered voters as required by section 10 (1) and (3); the person has not complied with section 10 (6); the person seeking nomination was not qualified for election under section 4 ; or the person seeking nomination has been duly nominated for election as a member of Parliament.

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

Section Inspection of nomination papers and lodging of complaints Section A registered voter may— during office hours on the nomination day , at the office of the returning officer or other place determined by the Commission , inspect any nomination paper filed with the returning officer ; after the closure of the nomination time and during such period as may be prescribed, inspect any nomination paper in respect of a candidate at such time and subject to such conditions as may be prescribed; and

Section Right to complain to 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 10 — the returning officer shall immediately 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 and the Commission may confirm or reverse the decision of the returning officer .

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 [paragraph (c) repealed by section 3 of Act 14 of 2010 ] 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 . 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. [subsection (2) repealed by section 3 of Act 11 of 2020 ] 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 think 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 shall, at a presidential election, be not later...

Section Withdrawal of candidates Section Where a candidate withdraws after nomination day and after the ballots are printed, the Commission or the returning officer shall— Where a candidate withdraws under this section, each presiding officer shall, on polling day — Subject to subsections (2) and (3), a duly nominated candidate for election as President 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 Commission or 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. 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 5 of Act 14 of 2010 ] A candidate who withdraws his or her nomination under subsection (1) wit...

Section Where a candidate dies etc. Section Where in a presidential election , after the close of nominations and before the closing of polls, a candidate dies, the Commission shall fix fresh nomination days for giving such time as it thinks reasonable for enabling a new or new candidates to be nominated. Where fresh nomination days are fixed under subsection (1), the remaining candidate previously validly nominated, shall not be required to be renominated. Where fresh nomination days are fixed under subsection (1), the Commission shall, where necessary, postpone the election to a convenient date. An election arising out of a postponement under subsection (3) shall, as far as possible, be conducted in accordance with this Act. Where a candidate ceases to be a candidate otherwise than by reason of his or her death after the close of nominations and before the closing of polls, no fresh nominations shall be carried out by reason of his or her ceasing to be a candidate .

Section Declaration of unopposed candidate elected Section Where a candidate at time of the close of nominations is the sole candidate nominated, the Commission shall publish and declare under its seal within forty eight hours from the close of nominations, that that candidate is elected unopposed with effect from the date fixed for the poll under section 16 . A declaration under subsection (1) shall be in Form A specified in the Seventh Schedule to this Act.

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 6 of Act 14 of 2010 ]

Section False declarations Section A person who makes a false declaration under section 10 (6) (a) which that person knows to be false in a material particular or has no reasonable ground to believe to be true, commits an offence and is on conviction liable to a fine not exceeding twenty four currency points or imprisonment not exceeding one year or both.

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 places and times fixed for the nomination of candidates; and the hours of each nomination day , during which nominations are to take place. Every place fixed under subsection (1)(a) 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. The hours to be indicated in accordance with subsection (1)(b) shall be from ten o’clock in the forenoon to four o’clock in the afternoon on each nomination day .

Section Sponsorship of candidates by political organisation or political party Section Under the multiparty political system, nomination of candidates may be made by a registered 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 Bribery Section Subsection (1) does not apply in respect of the provision of refreshments or food— A person who. either before or during an election with intent, either directly or indirectly to influence another person to vote or to refrain from voting for any candidate , gives or provides or causes to be given or provided any money , gift or other consideration to that other person, commits the offence of bribery and is liable on conviction to a fine not exceeding seventy two currency points or imprisonment not exceeding three years or both. A person who receives any money , gift or other consideration under subsection (1) also commits the offence under that subsection. offered by a candidate or candidate ’s agent who provides refreshments or food as an election expense at a candidates’ campaign planning and organisation meeting; or offered by any person other than a candidate or a candidate ’s agent who, at his or her own expense provides the refreshments or food at a candidates' campaign planning and organisation meeting. An offence under subsection (1) shall be an illegal practice . Every candidate or candidate ’s agent who, by himself or herself or any other person, d...

Section Procuring prohibited persons to vote Section A person who votes or induces or procures any person to vote at an election , knowing that that person is prohibited by law from voting at that election , commits an illegal practice .

Section Publication of false statements as to illness, death or withdrawal of candidate Section A person who, before or during an election , publishes a false statement of the illness, death or withdrawal 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 knowing or believing it on reasonable grounds to be true, commits an illegal practice .

Section Obstruction of voters Section A person who, at an election , or on nomination days, wilfully obstructs a voter , or an aspiring candidate either at the polling station or nomination centre or on his or her way to or from, the polling station, or nomination centre, commits an illegal practice .

Section Penalty for certain illegal practices, under sections 64, 65, 66 and 67 Section A person who commits an illegal practice under sections 64 (4), (5), (6) or (8) or section 65 , 66 or 67 , commits an offence and is liable to a fine not exceeding forty eight currency points or imprisonment not exceeding two years or both. [ section 68 amended by section 18 of Act 14 of 2010 ]

Section Time and manner of campaigns; candidate meetings programme Section Subject to 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. [subsection (1) amended by section 2 of Act 14 of 2015 ] Notwithstanding subsection (1), a candidate or his or her agent shall hold a campaign rally between seven o'clock in the forenoon and six o'clock in the afternoon. [subsection (1a) inserted by section 4 of Act 11 of 2020 ] A person who contravenes subsection (la) commits an offence and is liable, on conviction, to a fine not exceeding forty-eight currency points or imprisonment not exceeding two years or both. [subsection 1(b) inserted by section 4 of Act 11 of 2020 ] Every candidate may hold individual public campaign meetings in any part of Uganda in accordance with any existing law. For the avoidance of doubt, a candidate’s agent may carry on campaign meetings on behalf of the candidate and otherwise carry on any campaign which the candidate is allowed to do under this Act. The Commission may, after consultation with all...

Section Security, protection and facilitation of candidates Section The Commission shall ensure that the relevant organs of the state provide during the entire campaign period— Each candidate shall, within thirty days after the election— A candidate or a candidate’s agent who contravenes subsection (4) or a candidate who— A person who commits an offence under subsection (8) is liable on conviction— protection of each candidate; and adequate security at all meetings of candidates. Notwithstanding subsection (1), the Commission shall consult a candidate on his or her security detail. [subsection (1a) inserted by section 7 of Act 14 of 2010 ] [subsection (2) repealed by section 3 of Act 14 of 2015 ] Except as otherwise provided by this section, a candidate or a candidate’s agent may raise additional funding for the candidate’s campaign through lawful means. A candidate or a candidate’s agent shall not obtain, solicit or receive any financial or other assistance for the purpose of the candidate’s campaign, from any foreign government, institution, body or person which or who has demonstrated an intention to overthrow the lawfully established Government of Uganda, or to endanger the sec...

Section Equal treatment, freedom of expression and access to information 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 public institution shall, give equal treatment to all candidates and their agents. Subject to the Constitution and 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 c...

Section Rights of candidates Section A candidate shall not while campaigning, do any of the following— making statements which are false— A person who contravenes any of the provisions of subsections (2), (3), (4), (5) and (6) commits an offence and is liable on conviction— The Commission shall ensure that all presidential candidates are given equal treatment on State owned media to present their programs to the people. [subsection (1) substituted by section 5(a) of Act 11 of 2020 ] A State owned media house shall, within fourteen days after nomination day, notify in writing, all presidential candidates of the availability of time, the broadcasting schedule and cost of presenting their programs and shall allocate time to the candidates. [subsection (1a) inserted by section 5(b) of Act 11 of 2020 ] State owned media means a media house in which the controlling interest is held by the State. [subsection (1b) inserted by section 5(b) of Act 11 of 2020 ] A State owned media house that contravenes subsections (1a) commits an offence and is liable, on conviction, to a fine not exceeding five hundred currency points. [subsection (1c) inserted by section 5(b) of Act 11 of 2020 ] For the pu...

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 organisation or political party. 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 any c...

Section Use of Government resources Section Except as authorised under this Act or authorised by law, a person shall not use Government resources for the purpose of campaigning for any candidate, party or organisation in an election. [subsection (1) substituted by section 8(a) of Act 14 of 2010 ] Notwithstanding subsection (1), a candidate who holds the office of President, may continue to use Government facilities during the campaign, but shall only use those Government facilities which are ordinarily attached to and utilised by the holder of that office. For purposes of subsection (2), the Minister responsible for public service shall lay before Parliament a statement of those Government facilities which are attached to and utilised by the President. A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding 48 currency points or imprisonment not exceeding two years or both. [subsection (4) inserted by section 8(b) of Act 14 of 2010 ]

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 the other necessary materials for the voters to mark the ballot papers and complete the voting process.

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 to the ballot boxes supplied to all polling stations, Any replacement of the seals referred to in subsection (2)(b) 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 station. [ section 28A inserted by section 9 of Act 14 of 2010 ]

Section Publication of polling stations and candidates Section The Commission shall, by notice in the Gazette publish— a list of the polling stations in each constituency at least fourteen days before nomination; and a list of the names of the candidates nominated 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 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 4 of Act 14 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. A person registered as a voter and whose name appears in the voters roll of a polling station and who holds a valid voters card is 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 section 31 (3) who are qualified to vote and have not been able to do so, the polling station shall be kept open to enable them to v...

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 on conviction 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 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 le...

Section A person not to vote more than once Section A person shall not vote or attempt to vote more than once at an 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 31 . 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 attempts to vote commits an offence and on conviction is liable 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 appointments 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 10(a) of Act 14 of 2010 ] [subsection (4) deleted by section 10(b) of Act 14 of 2010 ]

Section No delay in voting Section Every voter shall vote in accordance with section 31 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 section 31 (5)(a). 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 11(a) of Act 14 of 2010 ] Where a person has a voter 's card and his or her name appears in the voter 's 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 11(b) of Act 14 of 2010 ] The presiding officer or polling assistant shall place a tic...

Section Where a voter spoils ballot paper Section A voter who has inadvertently dealt with the ballot paper delivered to him or her under section 31 (5)(a) 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 .

Section Where two voters appear under the same name Section In any case referred to in subsection (1), the presiding officer shall enter in the copy of the voters register or the voters roll, opposite the name of the voter — Any person who makes a false statement in a declaration under this section— Where a person represents himself or herself to be a particular voter and applies for a ballot paper after another person has voted in the name or number of that person, the second person shall only be entitled to receive a ballot paper and to vote after making before the presiding officer the declaration of identity, in Form ID in the Sixth Schedule to this Act and otherwise establishing his or her identity to the satisfaction of the presiding officer . a note of the voter having voted on a second ballot paper issued under the same name; the fact of the declaration of identity having been made; and any objections made on behalf of any of the candidates. knowing the statement to be false; or in respect of which he or she is reckless whether it is true or false,

Section Assistance to illiterate voters and other voters with disability Section A person who— Where a voter is by reason of blindness, illiteracy, old age or any other disability unable to fix the authorised mark of choice on the ballot paper, that voter may report at the polling station accompanied by a person of his or her choice to assist the voter to fix the authorised mark of choice on the ballot paper if necessary, on the voter ’s behalf; or the voter may, subject to sub section (4), request another person present at the polling station to assist that voter for the purpose. It shall be lawful for any member of a voter ’s family to assist a voter under subsection (1) notwithstanding the fact that the former is below the age of eighteen years. A person shall not assist more than one voter to vote under subsection (1) in the election . A presiding officer shall refuse to allow a person to assist a voter to vote unless that officer is satisfied that it is permitted under subsection (1). An election officer , a candidate ’s agent or an observer at any polling station is not permitted to assist any voter with disability under subsection (1). A person is not authorised to assist an...

Section Special procedure for voting of persons in restricted areas Section For the purposes of this section- The commission may make special provision for voting for specified persons employed in institutions engaged in the administration of elections, in restricted areas and operation areas. The commission shall publish in the Gazette and in a newspaper of wide national circulation the special provisions and a list of restricted areas and operation areas referred to in subsection (1). An area provided for voting for members of the Uganda Peoples' Defence Forces shall be outside of any barracks and the commission shall not create any special or separate polling station exclusively for the army or any other security personnel. "operation area" includes an area where soldiers and other security personnel are deployed on special duty during an election period and may include a restricted area; and "restricted area" includes an area experiencing an epidemic, disaster or insecurity.

Section Factors which may not prevent a person from voting Section The claim of a person to vote at any election shall not be rejected by reason only— that one of the person’s names has been omitted from the voters’ register or from the voters roll; or by reason of the entry in the voters register or in the voters roll of a wrong village or of a wrongly spelt name, if, in the opinion of the presiding officer , the person is sufficiently identified. The claim of a female voter to vote at any polling station shall not be rejected by reason only that she has changed her surname by reason of marriage and that the change has not been reflected in the voters register or the voters roll for the polling station.

Section Returning officer to have powers of justice of the peace Section During an election and throughout the campaign and polling period, every returning officer and presiding officer or any other authorised agent of the Commission is a keeper of the peace and has all the powers of a justice of the peace, and he or she may— require the assistance of a member of the Uganda Police Force or other persons present to aid him or her in maintaining peace and good order at the polling station; warn or arrest or cause, by verbal order, to be arrested, and place or cause to be placed in the custody of any police officer or other person authorised by law, any person disturbing the peace and good order at the polling station; or cause any arrested person to be imprisoned under an order signed by him or her until not later than an hour after the closure of the poll. The returning officer or presiding officer shall where he or she causes the arrest of any person under subsection (1), report the arrest gives details and reasons of the arrest in a form provided under the Fifth Schedule.

Section Presiding officer to appoint election constables Section A presiding officer shall ensure that polling takes place in a free and secure environment. A presiding officer other than a presiding officer for a polling station located in an urban area may, in the absence of a police officer, appoint at least one person present and resident within the area of the polling station as an election constable to maintain order at the polling station throughout polling day where the presiding officer finds the services of an election constable to be essential. A presiding officer may only appoint a person other than a police officer to be an election constable under subsection (2) when there is actual or threatened disorder or when it is likely that a larger number of voters will seek to vote at the same time. There shall be appointed at every polling centre established under section 33 (2) of the Electoral Commission Act one person in order to ensure the orderly and prompt entrance of the voters into their proper polling station within the centre. When an election constable has been appointed by a presiding officer , the constable shall take and subscribe the oath in Form OC in the Six...

Section Arms and ammunition prohibited Section A person shall not arm himself or herself during any part of polling day with any deadly weapon or approach within one kilometre of a polling station with deadly weapons unless called upon to do so by lawful authority or where he or she is ordinarily entitled by virtue of his or her office to carry arms. Any person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding twenty four currency points or imprisonment not exceeding one year or both. For the purposes of this section, deadly weapon has the meaning assigned to it in section 286 of the Penal Code Act. [subsection (3) inserted by section 5 of Act 14 of 2015 ]