CHAPTER 282 - LOCAL GOVERNMENT ELECTIONS ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Local Government Elections Regulations

Local Government Electoral Petition Rules

Local Government Elections (Elections Dates and Poll) Order, 1999

Local Government By-Elections (Election Dates and Times of Poll) Order, 1999

Local Government By-Elections (Election Dates and Times of Poll) Order, 2000

Local Government By-Elections (Election Dates and Time of Poll) Order, 2000

Local Government By-Elections (Election Dates and Time of Poll) (No. 2) Order, 2000

Local Government By-Elections (Election Dates and Times of Poll) (No. 6) Order, 2000

Local Government By-Elections (Election Dates and Times of Poll) (No. 7) Order, 2000

Local Government By-Elections (Election Dates and Times of Poll) Order, 2001

Local Government Elections (Election Dates and Times of Poll) Order, 2001

Local Government By-Elections (Election Dates and Times of Poll) Order, 2002

Local Government By-Elections (Election Dates and Times of Poll) Order, 2002

Local Government By-Elections (Election Date and Times of Poll) (No. 3) Order, 2002

Local Government By-Elections (Election Dates and Times of Poll) Order, 2003

Local Government By-Elections (Election Dates and Times of Poll) Order, 2003

Local Government By-Elections (Election Dates and Times of Poll) (No.2) Order, 2003

Local Government By-Elections (Election Dates and Times of Poll) Order, 2003

Local Government By-Elections (Election Dates and Times of Poll)(No.2) Order, 2003

Local Government By-Elections (Election Dates and Times of Poll) (No. 3) Order, 2003

Local Government By-Elections (Election Date and Times of Poll) (No.4) Order, 2003

Local Government By-Elections (Election Date and Times of Poll) (No, 5) Order, 2003

Local Government By-Elections (Election Dates and Times of Poll) Order, 2004.

Local Government By-Elections (Election Dates and Times of Poll (No. 2) Order, 2004.

Local Government By-Elections (Election Dates and Times of Poll) (No. 3) Order, 2004.

Local Government By-Elections (Election Dates and Times of Poll) Order, 2005

Local Government By-Elections (Election Dates and Times of Poll) (No. 2) Order, 2005

Local Government By-Elections (Election Dates and Times of Poll) (No. 3) Order, 2005

Local Government Elections (Election Dates and Times of Poll) Order, 2006

Local Government Elections (Nomination Date and Times of Poll) Order, (No. 2), 2006

Local Government Elections (Nomination Date and Times of Poll) Order, 2007

Local Government By-Elections (Election Dates and Times of Poll (No. 2) Order, 2007

Local Government By-Elections (Election Dates and Times of Poll) (No. 2) Order, 2008

Local Government By-Elections (Election Dates and Times of Poll) (No. 3) Order, 2008

Local Government By-Elections (Elections Date and Times of Poll) (No. 5) Order, 2008

Local Government By-Elections, (Elections Dates and Times of Poll) Order, 2009

Local Government By-Elections (Election Dates and Times of Poll) (No. 2) Order, 2009

Local Government By-Elections (Election Dates and Times of Poll) Order, 2009

Local Government By-Elections (Election Dates and Times of Poll) (No. 4) Order, 2009

Local Government By-Elections (Election Date and Time of Poll) (No. 5) Order, 2009

Local Government By-Elections Election Dates and Times of Poll Order, 2010

Local Government By-Elections (Election Dates and Times of Poll)(No. 2) Order, 2010

Local Government Elections (Election Dates and Times of Poll) (No. 2) Order, 2010

Local Government Elections (Election Dates and Times of Poll) (No.3) Order, 2010

Local Government Elections (Election Dates and Times of Poll) (No.4) Order, 2010

Local Government By-Elections (Election Dates and Times of Poll) (No.5) Order, 2010

Local Government By-Elections (Election Dates and Times of Poll) Order, 2011

Local Government Elections (Election Date and Times of Poll) Order, 2011

Local Government By-Elections (Election Dates and Times of Poll) (No. 2) Order, 2011

Local Government Elections (Election Dates and Times of Poll) Order, 2011

Local Government By-Elections (Election Dates and Times of Poll) (No. 2) Order, 2012

Local Government Elections (Election Dates and Times of Poll) Order, 2012

Local Government Elections (Election Dates and Times of Poll) (No.3) Order, 2012

Local Government By-Elections(Electiondatesand Timesof Poll)(No.4) Order, 2013

Local Government By-Elections(Election Dates and Times of Poll) (No. 5) Order,2013

Local Government By-Elections (Elections Dates and Times of Poll) (No. 7) Order, 2013

Local Government By-Elections(Election Dates and Times of Poll)( No.8) Order, 2013

Local Government By-Elections (Election Dates and Times of Poll) Order, 2013

Local Government By-Elections (Elections Dates and Times of Poll) (No. 7) Order

Local Government By-Elections (Election Dates and Times of Poll) (No. 2) Order, 2014

Local Government By-Elections (Election Dates and Times of Poll) Order, 2014

LOCAL GOVERNMENT ELECTIONS REGULATIONS

[Section 8]

Arrangement of Regulations

   Regulation

PART I
PRELIMINARY

   1.   Title

   2.   Interpretation

   3.   Functions of Director of Elections

   4.   Election officers

   5.   Form of oath or affirmation for election officers

   6.   Revocation of appointments of election officer to be notified

PART II
HOLDING OF ELECTIONS AND NOMINATION OF CANDIDATES

   7.   Vacancies in council membership to be notified

   8.   Application of regulation 7

   9.   Place for nomination of candidates

   10.   Nomination paper

   11.   Nomination paper to be accompanied by statutory declaration

   12.   Election fee

   13.   Returning officer to provide nomination papers and advice on request

   14.   Prohibition of nomination of candidate in more than one ward

   15.   Withdrawal of nomination

   16.   Determination of validity, and rejection, of nominations

   17.   Procedure after determination of validity of nominations

   18.   Inspection of nomination papers

   19.   Returning officer to publish information locally

   20.   Procedure if no candidate validly nominated in a ward

   21.   Procedure if a candidate dies before close of poll

   22.   Use of symbols by candidates

   23.   Allocation and registration of symbols

   24.   Determination of question whether candidate supported by political party

   25.   Election agents

PART III
PROCEDURE FOR THE POLL

   26.   Poll to be conducted by secret ballot

   27.   Establishment of polling stations

   28.   Polling agents

   29.   Commencement and close of poll

   30.   Right to vote

   31.   Lost etc. voter’s registration card

   32.   Duty of returning officer and publication of notices at polling stations

   33.   Ballot boxes, official seals and official marks

   34.   Ballot papers

   35.   Procedure before commencement of poll

   36.   Control of persons entering polling stations

   37.   Application for ballot paper

   37A.   Objections concerning voting

   38.   Procedure for casting vote

   39.   Votes to be cast without undue delay

   40.   Polling assistant may act during temporary absence of presiding officer

   41.   Spoilt ballot papers

   42.   Presiding officer may assist incapacited voter

   43.   Voting by persons employed on election duties

   44.   Restriction on communication in precincts of polling station

   45.   Adjournment of poll in case of emergency

   46.   Procedure after close of poll

PART IV
PROCEDURE FOR THE COUNT

   47.   Duty of returning officer to arrange for counting of votes and notification of candidates

   48.   Persons who may attend counting of votes

   49.   Examination of seals of packets and ballot boxes received by returning officer

   50.   The Count

   51.   Rejection of ballot papers

   52.   Recounting of votes

   53.   Equality of votes

   54.   Declaration of result of poll

   55.   Publication of result of poll

   56.   Questions arising on decision of returning officer

   57.   Ballot papers to be sealed in packets after completion of counting

   58.   Verification of ballot paper account

   59.   Custody and destruction of election materials

PART V

[REPEALED]

PART VI
CANVASSING

   75.   Interpretation

   76.   Canvassing

   77.   Contents of written statements

   78.   Publication of written statements

   79.   Contents of oral statements

   80.   Request to public media

   81.   Offences

   82.   Penalties

      SCHEDULE

[Regulations by the Local Government Electoral Commission]

Act 13 of 1994,

SI 111 of 1992,

SI 185 of 1993,

SI 145 of 1998,

SI 104 of 2001,

SI 115 of 2001,

SI 96 of 2006,

SI 90 of 2011.

PART I
PRELIMINARY

1.   Title

These Regulations may be cited as the Local Government Elections Regulations.

2.   Interpretation

   (1) In these Regulations, unless the context otherwise requires—

“assistant returning officer” means a person appointed to assist a returning officer under paragraph (b) of sub-regulation (1) of regulation 4;

“ballot box” means a ballot box provided to a presiding officer under regulation 32 for the taking of a poll;

“ballot paper” means a document in Form LGE 4 set out in the Schedule;

“ballot paper account” means a document in Form LGE 6 set out in the Schedule;

“candidate” means—

      (a)   in relation to any period before the close of the period appointed under Part IV of the Act for receiving nominations in a ward, any person intending to stand for election in that ward; and

      (b)   in relation to any period after the close of the period appointed under Part IV of the Act for receiving nominations in a ward, any person validly nominated as a candidate for election in that ward;

“counting assistant” means a person appointed as a counting assistant under regulation 4;

“election agent” has the meaning assigned thereto in regulation 25;

“election officer” means a person appointed as an election officer under section 6 of the Act. Local Government Elections Regulations

“national registration card” means a national registration card, issued under the National Registration Act, which is not cancelled or required to be cancelled under that Act, and in relation to any person, means a national registration card in the lawful possession of such person under that Act;

“national registration number” means, in relation to a national registration card, the serial number inserted on the national registration card issued under the National Registration Act;

“nomination paper” means a document in Form LGE 2 set out in the Schedule;

“official mark” means a mark provided to a presiding officer under regulation 32 for the taking of a poll;

“official seal” means a seal provided to a presiding officer under regulation 32 for the taking of a poll;

“polling agent” has the meaning assigned thereto in regulation 28;

“polling assistant” means a person appointed as a polling assistant under regulation 4;

“polling day” means a day appointed under Part IV of the Act for the taking of a poll, and includes any day appointed under regulation 45;

“polling district” means a polling district prescribed under the Electoral (Registration of Voters) Regulations.

“polling station” means a place established as a polling station under regulation 27;

“presiding officer” means a person appointed as a presiding officer under regulation 4;

“registered” means

      (a)   in relation to a person, a person registered in a register of voters under the Electoral (Registration of voters) Regulations, and

      (b)   in relation to a symbol, means a symbol registered by the Director of Elections under regulation 23; Local Government Electors Regulations

“register of voter” means a register of voter prepared and certified, and in force, under the Electoral (Registration of Voters) Regulations, and

“copy”, in relation to a register of voters, means a copy of such register of voters provided to a pesiding officer under regulation 32 for the taking of the poll;

“returning officer” means a person appointed as a returning officer under regulation 4;

“voter” means a person registered in a register of voters;

“voter’s registration card” means a voter’ registration card issued under the Electoral (Registration of Voters) Regulations, which is not cancelled or deemed to be cancelled under the provisions of the said Regulations.

   (2) Where any act or thing is required or authorised to be done under these Regulations in the presence of a candidate or an election or agent or a polling agent, the non-attendance of any such person at the time and place appointed for the purpose shall not, if such act or thing is otherwise properly done, invalidate the act or thing done.

3.   Functions of Director of Elections

The Director of Elections shall—

      (a)   ensure that every election officer performs his functions under these Regulations with impartiality and in accordance with the provisions thereof;

      (b)   issue to any election officer such instructions as he may deem necessary to ensure compliance with the provisions of these regulations;

      (c)   perform all the functions as are conferred or imposed on him by these Regulations.

4.   Election officers

   (1) In respect of each council there shall be—

      (a)   a returning officer who shall be such person as the Commission shall appoint as the returning officer for that council; and

      (b)   such approved number of assistant returning officers as the returning officer for that council may, by notice in writing, appoint for the purpose of assisting him in the exercise of his functions in respect of that council; and

   

[Reg 4(1)(b) am by reg 2(a) of SI 96 of 2006.]

      (c)   such approved number of counting assistants as the returning officer for that council may, by notice in writing, appoint.

   (2) In respect of each ward there shall be such approved number of presiding officers, assistant presiding officers and polling assistants as the returning officer for that ward may, by notice in writing, appoint.

[Reg 4(2) am by reg 2(b) of SI 96 of 2006.]

   (3) Whenever—

      (a)   a returning officer appoints any person to assist him in the exercise of his functions under paragraph (b) of sub-regulation (1);

      (b)   a returning officer appoints any person to be a counting assistant under paragraph (c) of sub-regulation (1); or

      (c)   a returning officer appoints any person to be a presiding officer, assistant presiding officer or a polling assistant under sub-regulation (2);

he shall deliver a copy of the notice therein referred to, to the Director of Elections.

   

[Reg 4(3)(c) am by reg 2(c) of SI 96 of 2006.]

   (4) In this regulation—

“approved” means approved by the Commission.

[Reg 4(4) am by reg 2(d) of SI 96 of 2006.]

5.   Form of oath or affirmation for election officers

Every returning officer, assistant returning officer, counting assistant, presiding officer, assistant presiding officer and polling assistant shall, before exercising any of the functions conferred upon him under these Regulations or under any other written law, take and subscribe an oath, or make an affirmation in lieu thereof, before a magistrate or returning officer in the appropriate form set out in form LGE 1 in the Schedule to these Regulations.

[Reg 5 am by reg 3 of SI 96 of 2006.]

6.   Revocation of appointments of election officers to be notified

   (1) Where the Commission revokes the appointment of a returning officer it shall publish a notice of such revocation in the Gazette.

   (2) Where a returning officer revokes the appointment of an election officer appointed by him the returning officer shall give notice in writing of the revocation to the person concerned and shall deliver a copy of the notice to the Director of Elections.

PART II
HOLDING OF ELECTIONS AND NOMINATION OF CANDIDATES

7.   Vacancies in council membership to be notified

The Principal Officer shall upon a causal vacancy occurring in the elected membership of a council, inform the Commission in writing with a copy to the Director of Elections of the vacancy, and of the ward concerned, as soon as practicable after it occurs.

8.   Application of regulation 7

Regulation 7 shall apply to any vacancy in the elected membership of a council deemed to continue by virtue of sub-section (4) of section 29 of the Act, as it applies to any causal vacancy.

9.   Place for nomination of candidates

The election officer for a council in respect of which an order for the holding of an election has been made under Part IV of the Act shall publish by notice at the offices of such council and at such other places as he may deem fit, the places and times for receiving nominations of candidates in that election and it shall be the duty of that election officer to attend at such places and at such times for that purpose.

10.   Nomination paper

   (1) Every candidate for election in a ward shall be nominated by means of a nomination paper in Form LGE 3 in the Schedule.

   (2) Every nomination paper shall be countersigned with the acceptance of the candidate and shall subject to section 11 of the Act, be lodged with the returning officer appointed for the ward in respect of which the nomination is made within the period appointed for that ward.

   (3) Every candidate shall state in the nomination paper to be lodged by him under sub-regulation (2)—

      (a)   the name of the political party which supports his nomination; or

      (b)   if no political party supports his nomination, that he is an independent candidate;

   

[Reg 10(3)(b) am by reg 2(a) of SI 115 of 2001.]

      (c)   the name and address of the person, if any, appointed by him to be his election agent for the purpose of these Regulations; and

   

[Reg 10(3)(c) am by reg 2(b) of SI 115 of 2001.]

      (d)   that the candidate shall comply with the provisions of the electoral (conduct) regulations.

   

[Reg 10(3)(d) ins by reg 2(c) of SI 115 of 2001.]

the candidate shall have attained education qualification of not less than Grade 7 or its equivalent and shall produce it to the election officer at the time of lodging his nomination paper.

11.   Nomination paper to be accompanied by statutory declaration

Every nomination paper lodged by a candidate under regulation 10 shall be accompanied by a statutory declaration in form LGE 3 in the Schedule to these Regulations made and subscribed by the candidate before a Magistrate, local court justice, commissioner for oaths, head of a government school, principal of a college, an electoral officer or a returning officer

[Reg 11 subs by reg 2 of SI 145 of 1998; am by reg 4 of SI 96 of 2006.]

12.   Election fee

At the time a nomination paper is lodged under regulation 10, there shall be paid a fee to the returning officer by or on behalf of the candidate concerned in the sum of one hundred and twelve fee units in cash.

[Reg 12 am by reg 3 of SI 145 of 1998, reg 2 of SI 104 of 2001.]

13.   Returning officer to provide nomination papers and advice on request

   (1) The returning officer shall provide nomination papers to any person reasonably requesting the same.

   (2) If a candidate for election in a ward so requests, the returning officer for that ward shall examine his nomination paper before it is lodged with the returning officer and shall advise the candidate whether in his opinion the nomination paper is in order.

   (3) The question whether any, and if so what, advice was given under sub-regulation (2) shall not be inquired in any court.

14.   Prohibition of nomination of candidate in more than one ward

No candidate shall be entitled to be nominated for election in more than one ward and, if any candidate is nominated for election in more than one ward, each and every nomination in respect of that candidate shall be invalidated.

15.   Withdrawal of nomination

A candidate for election in a ward may withdraw his nomination paper by notice in writing signed and delivered by him to the returning officer for that ward before the close of the period appointed in respect of that ward for receiving nominations.

16.   Determination of validity, and rejection, of nomination

   (1) The returning officer for any ward shall determine the validity of each nomination paper lodged with the returning officer under regulation 10, and shall declare any nomination paper invalid if the returning officer is satisfied-

      (a)   that the nomination paper is not subscribed, counter-signed, completed or lodged in compliance with regulation 10;

      (b)   that the nomination paper is not accompanied by a statutory declaration made and subscribed in compliance with regulation 11; or

      (c)   that the sum of forty fee units is not paid by the candidate concerned in compliance with regulation 12.

[Reg 16(1) subs by reg 2 of SI 90 of 2011.]

   (2) where a returning officer determines that a nomination paper is invalid he shall reject the nomination of the candidate concerned and shall endorse on the nomination paper the reasons for his determination and shall sign the endorsement.

   (3) The determination of the returning officer that a nomination paper is invalid shall not be questioned except by way of an election petition presented in accordance with the provisions of the Act.

(3A) Where the returning officer determines that a nomination is valid, the returning officer shall sign the nomination paper to signify acceptance of the nomination.

[Reg 16(3A) ins by reg 5(b) of SI 96 of 2006.]

   (4) A returning officer shall, subject to the directions of the Commission, retain in safe custody any nomination paper lodged with him under regulation 10.

[Am by Act 13 of 1994.]

17.   Procedure after determination of validity of nominations

   (1) A returning officer shall, after he has determined the validity of the nomination papers lodged with him, inform the Commission of the names of the candidates validly nominated and of the particulars stated in respect of each candidate under paragraph (a) of sub-regulation (3) of regulation 10.

   (2) Where a returning officer for any ward determines that only one candidate has been validly nominated for election in that ward the returning officer shall, on the date appointed for the holding of the election, declare the candidate to be elected in that ward and shall so inform the Commission and the Principal Officer of the council in the area of which the ward is situated.

   (3) Where a returning officer for any ward determines that no candidate has been validly nominated for election in that ward the returning officer shall so inform the Commission and the Principal Officer of the council in the area within which the ward is situated.

18.   Inspection of nomination papers

At any reasonable time after a returning officer for a ward has made a determination in respect of any nomination paper under regulation 16, and before the day appointed for the taking of a poll in that ward, any person registered or nominated as a candidate in such ward may inspect any nomination paper at the office of the returning officer.

19.   Returning officer to publish information locally

   (1) Where two or more candidates have been validly nominated for election in a ward of a council the returning officer shall give public notice locally, at the offices of the council and at such other places as he may deem fit, that a poll shall be taken in the ward on the date appointed therefore and the notice shall set out the names of such candidates in alphabetical order of surnames, the symbol allocated to each candidate and the political party, if any, to which each candidate belongs.

   (2) Where no candidate or only one candidate has been validly nominated for election in any ward the returning officer shall give public notice locally that a poll shall not be taken in that ward.

[Reg 19(2) am by reg 6 of SI 96 of 2006.]

20.   Procedure if no candidate validly nominated in a ward

Where the Commission has been advised under regulation 17 that no candidate has been validly nominated for election in a ward, the Commission shall—

      (a)   in the case of an ordinary election inform the President, by notice in writing, who may exercise his powers under the Act to appoint another day for receiving the nominations of candidates for election in that ward and for the taking of a poll therein; or

      (b)   in the case of an election arising from a casual vacancy exercise its powers under the Act to appoint another day for receiving the nominations of candidates for election in that ward and for the taking of a poll therein.

21.   Procedure if a candidate dies before close of poll

   (1) Where, after the day appointed for receiving nominations and before the close of the poll in any ward, the Commission is satisfied that a candidate validly nominated for election in such ward has died, the Commission shall—

      (a)   in the case of an ordinary election inform the President, by notice in writing, of that fact and the President shall thereupon declare all proceedings relating to the election in such ward to be void and shall exercise his powers under the Act to appoint another day for receiving nominations in such ward and for the taking of a poll therein; or

      (b)   in the case of an election arising from a casual vacancy, declare all proceedings relating to the election in that ward to be void and shall exercise its powers under the Act to appoint another day for receiving nominations in that ward and for the taking of a poll therein:

Provided that no fresh nominations shall be necessary in the case of a candidate who was validly nominated for election in that ward at the time when the proceedings relating to the election were declared void.

   (2) In the case of an election in which only one candidate is validly nominated the provisions of sub-regulation (1) shall apply as if for the words “before the close of the poll” there were substituted for the words “before the expiry of the day appointed for the holding of an election”.

22.   Use of symbols by candidates

   (1) For the purpose of assisting persons to identify candidates during an election each candidate shall associate himself with a symbol registered under regulation 23.

   (2) A candidate whose nomination is supported by a political party shall use the symbol registered in respect of that party under regulation 23.

   (3) A candidate under sub-regulation (3) of regulation 10 to be an independent candidate shall use a symbol allocated to him and registered by the Director of Elections under regulation 23.

   (4) Notwithstanding regulation 23 the same symbol shall not be used by two or more candidates in the same ward.

23.   Allocation and registration of symbols

   (1) The Director of Elections shall keep a register of symbols for use by candidates at elections and the register shall be in such form as the Director of Elections may determine.

   (2) A political party contesting an election shall apply through its secretary to the Director of Elections for registration of a symbol chosen by that party for use by candidates supported by that party at elections and, subject to sub-regulation (4) and (5), the Director of Elections shall register such symbol:

Provided that a political party may apply to the Director of Elections to cancel the registration of a symbol registered in respect of such party under this regulation and for the registration of a symbol in place thereof.

   (3) The Director of Elections shall allocate and register, in respect of any candidate stated under sub-regulation (3) of regulation 10 to be an independent candidate for election in any ward, a symbol for use by each candidate in that election:

Provided that the candidate may apply to the Director of Elections to cancel the registration of a symbol allocated by the Director of Elections as aforesaid and for the registration of a symbol chosen by such candidate.

   (4) The following shall not be registered as symbols—

      (a)   the Armorial Ensigns or the National Flag of Zambia;

      (b)   any device or emblem which in the opinion of the Director of Elections, is normally associated with any tribe or religion or the regalia of a chief;

      (c)   any symbol or part of a symbol which, under the provisions of this regulation, is currently registered in respect of any political party or candidate;

      (d)   any symbol which is not distinctive from any other registered symbol;

      (e)   any symbol the use of which may, in the opinion of the Director of Elections, be offensive or objectionable.

      (5) The Director of Elections shall not register a symbol under this regulation in respect of any political party or candidate until any other symbol registered in respect of that party or that candidate is cancelled under this Regulation.

24.   Determination of question whether candidate supported by political party

If any question arises, in respect of the allocation and registration of a symbol under regulation 23, as to whether the nomination of a candidate is supported by a political party, the question shall be referred and determined by the Commission whose decision thereon shall be final:

Provided that the Commission shall consult the leader or secretary of the political party before determining the question.

25.   Election agents

   (1) Subject to sub-regulation (2) the election agent of a candidate shall be the person named as such in the nomination paper lodged by such candidate under regulation 10.

   (2) A candidate may, at any time, by notice in writing, revoke the appointment of an election agent and an election agent may resign from the appointment by giving written notice to the appointing candidate.

[Reg 25(2) subs by reg 7 of SI 96 of 2006.]

   (3) Where the election agent of a candidate ceases to be an election agent for any reason, the candidate shall give written notice thereof to the returning officer for the ward in which the person is a candidate, and if another person is appointed to be the candidate’s election agent, such notice shall set out the full name and address of the new election agent.

[Reg 25(3) subs by reg 7 of SI 96 of 2006.]

   (4) No person shall exercise the rights, of an election agent, under these Regulations unless the person has been appointed in accordance with the provisions of this regulation.

[Reg 25(4) subs by reg 7 of SI 96 of 2006.]

   (5) Where no election agent is appointed by a candidate the candidate himself shall be deemed to be his own election agent, but may, at any time before the commencement of the poll, appoint any person to be his election agent and shall forthwith notify the returning officer in writing of the name and address of the person so appointed.

PART III
PROCEDURE FOR THE POLL

26.   Poll to be conducted by secret ballot

Where a returning officer gives notice under sub-regulation (1) of regulation 19 that a poll shall be taken, the poll shall be conducted by means of a secret ballot and the result shall be ascertained in accordance with Part IV.

27.   Establishment of polling stations

   (1) The Commission shall appoint a place at which the polling station for each polling district in a council area shall be established and shall cause notice of every place so appointed to be published in such manner as the Commission may direct.

   (2) The same polling station may be appointed under this regulation for two or more polling districts.

[Reg 27 subs by reg 8 of SI 96 of 2006.]

28.   Polling agents

   (1) A candidate or his election agent may appoint, in respect of each polling station within the ward in which he is nominated, a person to be known as a polling agent.

   (2) Not later than seven days before the polling day appointed for the ward in which he is nominated a candidate or his election agent shall inform the returning officer for that ward, by notice in writing, of the names of the poling agents appointed under sub-regulation (1) and shall specify in the notice the polling stations for which the polling agents have been appointed.

   (3) A polling agent appointed under sub-regulation (1) may attend at the polling station for which he is appointed throughout the taking of the poll:

Provided that no such polling agent may attend at a polling station unless the candidate or the election agent by whom he is appointed has complied with the provisions of sub-regulation (2).

29.   Commencement and close of poll

The poll shall commence and, subject to regulation 45, shall close at such time as the Commission shall, by notice in the Gazette, direct:

Provided that the presiding officer shall permit every voter who at the time of closing the poll—

      (a)   is inside the polling station;

      (b)   in his opinion is in the immediate precincts of the polling station and was prevented from entering the polling station owing to congestion therein;

to cast his vote before closing the poll.

30.   Right to vote

   (1) Subject to the provisions of sections 14 and 15 of the Act a voter shall be entitled to vote in an election at the polling station appointed for the polling district in which he is registered and shall not be entitled to vote at any other polling station unless authorised to do so under regulation 43.

   (2) At the taking of a poll a voter shall be entitled to cast one, and only one vote and if a voter’s name appears in error or for any other reason in more than one register of voters or more than once in the same register of voters he shall not be entitled to cast more than one vote.

31.   Lost voter’s registration card

   (1) Where a voter’s registration card has been lost, destroyed, or is so defaced as to be illegible in any material particular, the voter concerned, shall apply in person to the election officer in the council area for replacement of the card by the Registrar-General of the National Registration Office:

Provided that no replacement card shall be issued unless the applicant produces a police report in respect of the lost card and the election officer is satisfied that the applicant is a voter registered in a polling district for which the election officer is responsible.

[Reg 31 subs by reg 9 of SI 96 of 2006.]

32.   Duty of returning officer and publication of notices at polling stations

For the taking of a poll a returning officer shall, in respect of each polling district within a ward—

      (a)   ensure that in each polling station there are sufficient compartments within which voters may mark their ballot papers in secrecy and screened from observation;

      (b)   provide each presiding officer with such number of ballot boxes, ballot papers, official marks, official seals, copies of the register of voters relating to the polling district and such other things as may be necessary;

      (c)   do such other acts and make arrangements to facilitate the taking of the poll as may be necessary for ensuring that it is taken in the manner provided in these Regulations and in accordance with any instructions issued by the Commission;

   

[Reg 32(c) am by reg 10 of SI 96 of 2006.]

      (d)   publish, both inside and outside each polling station, notices instructing voters as to the procedure for casting their votes and notices showing—

      (i)   the names of the candidates for election in that ward in alphabetical order of surnames; and

      (ii)   the symbol allocated under regulation 23 in respect of each candidate for election in that ward.

33.   Ballot boxes, official seals and official marks

   (1) Every ballot box shall be so constructed that after it is sealed under regulation 35 the ballot papers can be placed by voters but not taken out without breaking the seals.

   (2) In respect of every election the official seals and official marks shall be in such form as the Director of Elections may determine.

34.   Ballot papers

   (1) Every ballot paper shall be in Form LGE 4 set out in the Schedule and, in respect of any ward shall show—

      (a)   the names of the candidates for election in the alphabetical order of surnames;

      (b)   the symbol allocated under regulation 23 in respect of each candidate for election in that ward; and

   

[Reg 34(1)(b) am by reg 12(a) of SI 96 of 2006.]

      (c)   the portraits of the candidates for election and the names of the candidate’s political parties.

   

[Reg 34(1)(c) ins by reg 12(b) of SI 96 of 2006.]

   (2) Every ballot paper shall be attached to a counterfoil bearing the same serial number as that printed on the ballot paper.

35.   Procedure before commencement of poll

   (1) Immediately before the commencement of the poll the presiding officer at each polling station shall show every box, open and empty, to any person whose presence for that purpose is permitted under regulation 36 so that such person may see that it is empty, and shall then lock and seal with the official seal every such ballot box, and shall permit any candidate, election agent or polling agent who may be present to affix their seals thereto, and such seal or seals shall not be broken until the ballot box is opened in accordance with the provisions of these Regulations.

   (2) The presiding officer at each polling station shall place every ballot box locked and sealed under sub-regulation (1) in such a position in the polling station that it can be seen throughout the taking of the poll by the presiding officer and by the candidate, election agent or polling agent who may be present at the polling station.

[Reg 35(2) rep by reg 13(a), 35(3) renumbered as 35(2) by reg 13(b), of SI 96 of 2006.]

   (4) The presiding officer at each polling station shall ensure that there is available throughout the taking of the poll in each compartment provided under paragraph (a) of regulation 32 a suitable pencil or pen for the use of every voter when marking his ballot paper.

[Reg 35(4) renumbered as 35(3) by reg 13(b) of SI 96 of 2006.]

36.   Control of persons entering polling stations

   (1) The presiding officer at each polling station shall keep order in the polling station and in its precincts and shall regulate the number of voters to be admitted at a time to the polling station.

   (2) The presiding officer at each polling station may require any person, other than-

      (a)   a member of the Commission and members of staff authorized in that behalf;

      (b)   the Director of Elections;

      (c)   the returning officer or assistant returning officer for the council area in which the polling station is situated;

      (d)   the candidates for election is the ward;

      (e)   the election agents of the candidate;

      (f)   the polling agent appointed under regulation 28 by each such candidate;

      (g)   a uniformed police officer on election duty;

      (h)   monitors, observers and the media; and

      (i)   any person authorized in writing by the Commission to enter and remain in the polling station;

to leave the polling station and its precincts:

Provided that any of the persons described in paragraphs (a) to (i) may be required by the presiding officer to leave the polling station and its precincts if, in the opinion of the presiding officer, that person is causing a disturbance which is likely to interfere with the taking of the poll.

[Reg 36(2) subs by reg 14 of SI 96 of 2006.]

   (3) Every candidate, election agent, polling agent or person authorized in writing by the Commission to enter and remain in a polling station shall, before attending at the taking of a polling in any polling station in a ward, take and subscribe an oath or make affirmation in lieu thereof, in Form LGE 1 set out in the Schedule to these Regulations.

[Reg 36(3) subs by reg 14 of SI 96 of 2006.]

   (4) The powers conferred by this regulation shall not be exercised so as to prevent any voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at the polling station.

[Reg 36(4) subs by reg 14 of SI 96 of 2006.]

37.   Application for ballot paper

   (1) Every person applying for a ballot paper shall-

      (a)   present oneself at the polling station for the polling district in which the person is registered;

      (b)   produce such person’s voter’s registration card and national registration card to the presiding officer or polling assistant at the polling station;

      (c)   be required by the presiding officer or assistant presiding officer to present both hands for inspection by the office; and

      (d)   have the right hand thumb and nail, and any other finger or other part of the body found appropriate by the polling assistant stained;

   (2) A presiding officer or assistant presiding officer at a polling station, may put to any applicant for a ballot paper such questions as the presiding officer or assistant presiding officer may consider necessary to enable the presiding officer or assistant presiding officer identify the applicant with the name on the voter’s roll for such polling station.

   (3) No person shall be issued with a ballot paper without complying with the requirements set out in paragraphs (a) to (d) of subparagraph (1).

   (4) No person shall be issued with a ballot paper or be permitted to vote at a polling station unless the presiding officer or polling assistant for the polling station is satisfied that such person-

      (a)   is registered and is entitled to vote in the polling district for which the polling station is appointed;

      (b)   has produced the voter’s registration card;

      (c)   has properly been identified in accordance with paragraph (b) of sub-regulation (1);

      (d)   has not previously voted in the same election; and

      (e)   is not disqualified from voting at such election under the provisions of any written law.

   

[Reg 37 subs by reg 15 of SI 96 of 2006.]

37A.   Objections concerning voting

   (1) At any time before a voter has been handed a ballot paper, an election agent or any other voter may object in Form LGE 10 set out in the Schedule to these Regulations, to that voter being entitled to vote or to vote a that polling station when it appears that:

      (a)   the voter’s name does not appear in the register of voters at that polling station;

      (b)   the voter is not in possession of a voters card for national registration card or the objector has reasonable cause to show that the person is not a Zambia citizen.

   (2) An election agent or voter may object to any other conduct of an election officer or any other person present at a polling station.

   (3) The objection shall be made to the presiding officer by the election agent or voter and where the presiding officer does not accept the objection, the presiding officer shall accept the ballot and shall record the objection against that vote.

   (4) Any objector who is not satisfied with the decision of the presiding officer under sub regulation (3) may appeal to the returning officer before close of voting in Form LGE 11 set out in the Schedule to these Regulations and the returning officer and presiding officer shall keep a record of each objection and decision made.

   

[Reg 37A ins by reg 16 of SI 96 of 2006.]

38.   Procedure for casting vote

If a presiding officer or polling assistant at a polling station is satisfied under regulation 37 that an applicant is entitled to be issued with a ballot paper, and to vote, the following procedure shall subject to the provisions of regulation 42, be followed—

      (a)   the voter shall, prior to receiving a ballot paper, present to the polling assistant the right hand thumb print to be marked:

Provided that if the voter has no thumb on the right hand such voter shall present any other finger or part of the body found appropriate to be marked by the polling assistant;

[Reg 38(a) subs by reg 17 of SI 96 of 2006.]

      (b)   before issuing a ballot paper to the voter the presiding officer or assistant presiding officer shall-

      (i)   call out the number and name of the voter as recorded in the register of voter’s roll at such polling station;

      (ii)   cancel the name of the voter in the voter’s roll as evidence that the voter has received a ballot paper;

      (iii)   stamp the back of such ballot paper with the official mark; and

      (iv)   enter on the counterfoil of such ballot paper the voter’s card number as recorded in the certified voter’s roll;

[Reg 38(b) subs by reg 17 of SI 96 of 2006.]

      (c)   the presiding officer or polling assistant shall then detach the ballot paper from its counterfoil and deliver it to the voter; and

      (d)   the voter, on receiving the ballot paper, shall enter one of the compartments provided under regulation 32 in the polling station and signify the candidate for whom he wishes to vote by secretly marking the ballot paper with a cross opposite the name of such candidate, and shall then fold the ballot paper in such a way that the official mark stamped thereon is visible and the mark signifying his vote is not visible; and

      (e)   the voter shall then leave the compartment and shall, in the presence of the presiding officer or polling assistant, place the folded ballot paper in the ballot box provided in the polling station for that purpose.

39.   Votes to be cast without undue delay

   (1) A voter shall vote without undue delay and shall leave the polling station as soon as he has placed his ballot paper in the ballot box.

   (2) Where the presiding officer is of the opinion that any person present in the compartment has delayed unduly therein and that the delay may hinder the adequate or orderly conduct of the poll he may require that person to complete the procedure set out in paragraph (d) of regulation 38 within a period of two minutes immediately thereafter.

   (3) On or after the expiry of the period of two minutes referred to in sub-regulation (2) the presiding officer may direct the person concerned to place the ballot paper issued to that person in the ballot box and to leave the polling station and its precincts and not to return thereto during the period of the poll.

   (4) A returning officer of a polling assistant shall assist a voter with a physical disability who is on the voting queue to cast that voter’s vote promptly.

[Reg 39(4) ins by reg 3 of SI 90 of 2011.]

40.   Polling assistant may act during temporary absence of presiding officer

At any polling station the presiding officer may, during a temporary absence from the polling station, delegate his powers, subject to the directions of the Commission, to a polling assistant and, during the period of the delegation, the polling assistant shall have and may exercise the powers of the presiding officer.

[Reg 40 am by reg 18 of SI 96 of 2006.]

41.   Spoilt ballot paper

Where a voter inadvertently deals with a ballot paper in such manner that it cannot be used as a valid ballot paper, he shall deliver the ballot paper (hereinafter referred to as a “spoilt ballot paper”) to the presiding officer and if the presiding officer is satisfied that the ballot paper has been spoilt inadvertently he shall issue another ballot paper to the voter and shall cancel the spoilt ballot paper and the counterfoil to which it relates

42.   Presiding officer may assist incapacitated voter

   (1) A presiding officer, a relative or a friend may, upon application by and with the consent of—

      (a)   a voter who is incapacitated by blindness or other physical cause from voting in accordance with the procedure prescribed by regulation 37; or

      (b)   a voter who declares orally that he is unable to read or otherwise asks for the assistance of the presiding officer;

enter a compartment with the voter in order to assist him to cast his vote pursuant to paragraph (d) of regulation 38 and, subject to the said provisions, shall mark the ballot paper issued to the voter opposite the name of the candidate as the voter may signify and shall, with the assent of the voter, place the ballot paper in the ballot box on behalf of the voter.

   (2) The relative or friend referred to in paragraph (1) shall be 18 years or above.

[Reg 42(2) subs by reg 19 of SI 96 of 2006.]

   (3) A presiding officer acting under this regulation shall record in the copy of the register of voters, by means of a mark placed between the number and the name of the voter concerned that he or relative or friend of a voter has marked the ballot paper as aforesaid on the application of the voter and the reasons for doing so.

43.   Voting by persons employed on election duties

   (1) Notwithstanding regulation 37, where a voter registered in any ward is employed as a returning officer, presiding officer, polling assistant, police officer or in any other official capacity at a polling station within the ward other than the polling station appointed for the polling district in which he is registered as a voter, the returning officer shall authorise the voter by a certificate under his hand in Form LGE 5 set out in the Schedule, to vote at the polling station at which he is so employed.

   (2) Any voter to whom a certificate is issued under sub-regulation (1) shall deliver the certificate to the presiding officer when he applies for a ballot paper.

44.   Restriction on communication in precincts of polling station

No person, other than a presiding officer, polling assistant, police officer or person on duty in an official capacity at a polling station, shall have any communication whatsoever with a voter while the voter is in the precincts of a polling station for the purpose of voting.

45.   Adjournment of poll in case of emergency

   (1) Notwithstanding the terms of any Order made under Part IV of the Act a presiding officer may in his discretion postpone until later in the day and, if necessary, adjourn to some other day, the proceedings at his polling station where they are interrupted by riot, open violence, flood, natural catastrophe or other similar cause but where he does so he shall start or restart the proceedings at the earliest practicable moment.

   (2) A presiding officer may in his discretion extend the hours or adjourn the day of polling at his polling station where polling has been interrupted by any of the causes described in sub-regulation (1) and references in these Regulations to the close of the poll shall be construed accordingly.

   (3) If a poll is adjourned under this regulation at any polling station the hours of polling on the day to which it is adjourned shall be the same as for the original and references in these Regulations to the closing of the poll shall be construed accordingly.

   (4) Where a presiding officer postpones or adjourns the poll under this regulation he shall take such precautions as are necessary to safeguard the ballot boxes, ballot papers and other election requisites and shall forthwith notify the returning officer of such postponement or such adjournment, as the case may be.

   (5) Where a returning officer is notified under sub-regulation (4) of the postponement or adjournment of a poll he shall forthwith notify the Commission of such postponement or such adjournment, as the case may be.

[Reg 45(5) am by reg 20 of SI 96 of 2006.]

46.   Procedure after close of poll

   (1) As soon as practicable after the closing of the poll, the presiding officer at a polling station, in the presence of the candidates or election agents or polling agents present at the polling station, shall-

      (a)   close and seal with the official seal the aperture of every ballot box for the poll and permit any candidate, election agent, polling agent or accredited observer and monitor as may be present at such a polling station to affix their seal thereto;

      (b)   complete the ballot paper account in respect of the poll which shall be in Form LGE 6 set out in the Schedule to these Regulations;

      (c)   place in separate envelopes, which shall be sealed with the official seal and with the seals of the candidate or their election agents or polling agents, if any, who wish to affix their seals thereto, the following items:

      (i)   the unused ballot papers;

      (ii)   a copy of register of voters marked in accordance with regulations 38 and 42 together with certificates delivered under regulation 43;

      (iii)   the counter foils of used ballot papers and spoilt ballot papers;

      (iv)   the official seal and official mark; and

      (v)   the ballot paper account:

Provided that such envelopes shall not be sealed but shall be securely fastened.

   (2) The presiding officer shall, in accordance with the directions which may be issued by the Commission, dispatch each envelope sealed in accordance with the regulation, together with the ballot boxes sealed in accordance with this regulation, in safe custody to the returning officer for the ward in respect of which the poll was conducted.

[Reg 46 subs by reg 22 of SI 96 of 2006.]

PART IV
PROCEDURE FOR THE COUNT

47.   Duty of returning officer to arrange for counting of votes and notification of candidates

   (1) The presiding officer for each ward in which a poll is taken shall arrange for the counting of the votes to take place as soon as practicable after the close of the poll and shall, so far as circumstances permit, proceed continuously with the counting, allowing only a reasonable time for refreshment, until the count is completed.

   (2) The presiding officer for each ward in which a poll is taken shall give notice in writing to each candidate for election in the ward, prior to the day appointed for the taking of the poll, of the time and place at which he will count the votes cast in the election.

[Reg 47 am by reg 23 of SI 96 of 2006.]

48.   Person who may attend counting of votes

   (1) At the counting of the votes cast in an election in any ward no person other than-

      (a)   a member of the Commission and members of staff authorized in that behalf;

      (b)   the Director of Elections;

      (c)   the returning officer and any assistant returning officer for the ward, presiding officer and assistant presiding officers;

      (d)   the counting assistants appointed by the re-turning officer;

      (e)   the candidates for election in the ward;

      (f)   the election agents appointed by the candidates;

      (g)   one polling agent in respect of each candidate;

      (h)   a uniformed police officer on duty;

      (i)   an observer, monitor and the media; and

      (j)   any person authorized in writing by the Commission;may attend.

   

[Reg 48(1) subs by reg 24 of SI 96 of 2006.]

   (2) Every person authorised to attend the counting of the votes in any ward other than a member or the Secretary of the Commission or a police officer on duty shall, unless he has taken the oath or made an affirmation under regulation 5 or regulation 36 before so attending take and subscribe an oath, or make an affirmation in lieu thereof, in the form prescribed in regulation 5, and for that purpose the returning officer for the ward shall have power to administer the oath.

49.   Examination of seals of envelopes and ballot boxes received by returning officer

   (1) The returning officer for a ward in which a poll has been taken shall take into his custody and issue a receipt for, all envelopes and ballot boxes delivered to him in accordance with sub-regulation (2) of regulation 46.

   (2) When the returning officer for a ward in which a poll has been taken is satisfied that he has received all the envelopes and ballot boxes in respect of all the polling stations in the ward he shall at the time and place notified under sub-regulation (2) of regulation 47 for the counting of the votes, examine the seals of all the envelopes and ballot boxes and shall permit the candidates, election agents and polling agents present to examine the seals.

   (3) The returning officer shall submit to the Commission a written report of the result of the examination carried out under sub-regulation (2) if the examination reveals that the seals of any envelopes or ballot box are broken.

[Reg 49 am by reg 25(a) of SI 96 of 2006; reg 49(3) am by reg 25(b) of SI 96 of 2006.]

50.   The count

   (1)   The returning officer for a ward in which a poll has been taken shall, with the aid of the counting assistants for the ward, count all the votes cast in the election in the ward according to the following procedure—

      (a)   the returning officer shall open each ballot box and after removing all the ballot papers therefrom, shall count and record the total number of ballot papers contained in each ballot box without reference to the manner in which the ballot papers are marked;

      (b)   subject to the provisions of regulation 51, the returning officer shall then count and record the total number of valid ballot papers in respect of each candidate;

      (c)   the returning officer shall ensure, while counting the ballot papers, the counting assistants keep the side of each ballot paper on which the vote is recorded upward and shall take all precautions for preventing any person present at the count from seeing the number printed on each ballot paper.

   

[Reg 50(1) am by reg 4(a) of SI 90 of 2011.]

   (2) Where a polling station has more than one voting stream-

      (a)   the counting of votes in each stream shall be conducted by the counting assistant or such other officer as the Commission may assign; and

      (b)   the returning officer shall, where the returning officer has received the votes counted in each voting stream, total the votes of the poll for each candidate.

   

[Reg 50(2) ins by reg 4(b) of SI 90 of 2011.]

51.   Rejection of ballot papers

   (1) The returning officer shall, subject to sub-regulation (2), reject as invalid, and shall not count, any ballot paper—

   (a)   which does not bear the official mark, unless the returning officer is satisfied that such omission was a bona fide error; or

      (b)   which contains more than one vote, or

[Reg 51(1)(b) subs by reg 21(a) of SI 96 of 2006.]

      (c)   on which anything other than the number printed on such ballot paper is written or marked in such manner that the voter can be identified; or

   

[Reg 51(1)(c) subs by reg 21(a) of SI 96 of 2006.]

      (d)   which is unmarked or invalid for uncertainty.

   (2) A ballot paper on which the vote is marked—

      (a)   elsewhere than in the proper place; or

      (b)   otherwise than by means of a cross; or

      (c)   by more than one mark;

shall not by reason thereof be invalid if the intention of the voter clearly appears the paper is marked does not of itself identify the voter and it is not shown that he can be identified thereby.

   

[Reg 51(2) am by reg 21(b) of SI 96 of 2006.]

   (3) The presiding officer shall stamp the word “rejected” on any ballot paper which under this regulation is not to be counted, and shall add “disputed” if any objection to the presiding officer’s decision is made by a candidate, the candidate’s election agent or polling agent present at the count.

[Reg 51(3) subs by reg 21(c) of SI 96 of 2006.]

   (4) The returning officer shall draw up a statement in the Form LGE 7 set out in the Schedule showing the number of ballot papers rejected under the several heads of—

      (a)   want of official mark;

      (b) more than one vote;

   

[Reg 51(4)(b) subs by reg 21(d) of SI 96 of 2006.]

      (c)   writing or mark by which the voter could be identified;

      (d)   unmarked or invalid for uncertainty,

and any candidate, his election agent or polling agent present may copy the statement.

52.   Recounting of votes

   (1) A candidate, his election agent or polling agent may, if present when the counting or any recounting of the votes is completed, require the presiding officer to have the votes recounted or again recounted, or the returning officer may, on his own initiate, have the votes recounted or again recounted.

Provided that the presiding officer may refuse the request if, in his opinion, it is unreasonable.

   (2) No step shall be taken by the presiding officer on the completion of the counting or of any recounting of the votes until the candidates, election agents and polling agents present at the completion thereof have been given a reasonable opportunity to exercise the right conferred by this regulation.

[Reg 52 am by reg 26 of SI 96 of 2006.]

53.   Equality of votes

   (1) Where an equality of votes is found to exist between any candidate and the addition of one vote would entitle any one of the candidates to be declared elected, the returning officer shall make a recount of the votes.

   (2) If there is again an equality of votes as a result of the recount, the returning officer shall forthwith decide between those candidates by lot in such manner as the Commissioner may determine and shall proceed as if the candidate on whom the lot falls had received an additional vote.

54.   Declaration of result of poll

   (1) When the counting of the votes has been completed and the result of the poll ascertained the returning officer shall—

      (a)   complete in triplicate a declaration of the result of the poll as in Form LGE 8 set out in the Schedule;

      (b)   declare to be elected the candidate to whom the majority of votes has been given by reading aloud, at the place where the counting was conducted, the completed form;

      (c)   cause to be delivered to the Commission without delay the original of the completed form; and

      (d)   cause to be delivered to the Principal Officer of the council to which the candidate has been elected a copy of the completed form.

   

[Reg 54(1) am by reg 5(a) of SI 90 of 2011.]

   (2) An election agent, a polling agent or monitor shall, if present at a polling station, countersign the results announced or declared by the presiding officer or returning officer at the totalling centre.

   

[Reg 54(2) subs by reg 5(b) of SI 90 of 2011.]

   (3) Notwithstanding sub-regulation (2), the failure by an election agent, a polling agent or monitor to countersign the election results shall not render the election result invalid.

   

[Reg 54(3) subs by reg 5(b) of SI 90 of 2011.]

55.   Publication of result of poll

The returning officer for a council shall cause to be conspicuously displayed, at or near the offices of such council, for a period of not less than fourteen days after the date of the declaration of the result of an election, a notice stating—

      (a)   the full names of the person declared elected;

      (b)   the ward in which the person was elected; and

      (c)   the date on which the person was declared elected.

56.   Questions arising on decision of returning officer

The decision of a returning officer on any question arising in respect of any ballot paper or as to the declaration of the result of the poll shall not be questioned except by an election petition presented under the provisions of the Act.

57.   Ballot papers to be sealed in packets after completion of counting

On the completion of the counting of the votes cast in an election in any ward in which a poll is taken, the returning officer for the ward shall seal up in separate marked packets the ballot papers counted in respect of each candidate in the election and shall place the rejected ballot papers in a single marked packet.

58.   Verification of ballot paper account

   (1) The returning officer for a ward in which a poll is taken shall appoint a time and place at which verification of the ballot paper accounts completed under regulation 46 in that ward shall take place and shall give notice in writing to the candidate in such election of such time and place.

   (2) At the time and place appointed under sub-regulation (1) the returning officer shall, in the presence of the assistant returning officer for that ward and of such candidates and their election agents, monitors or observers, as may be present, proceed with the verification of the ballot of the ballot paper accounts according to the following procedure.

The returning officer shall-

      (a)   open the envelopes containing the unused ballot papers together with their counter foils and the spoilt ballot paper and the envelope delivered under regulation 54 in respect of each polling station in the ward;

      (b)   in respect of each polling station, compare the ballot papers contained in the ballot boxes as recorded under regulation 46 and with the total number of unused and spoilt ballot papers contained in an envelope for that polling station;

      (c)   reseal all the envelopes with their respective contents; and

      (d)   place all ballot paper accounts for that ward one envelope and seal such envelope.

[Reg 58 subs by reg 29 of SI 96 of 2006.]

59.   Custody and destruction of election materials

   (1) Upon the completion of the verification of the ballot paper accounts under regulation 58, the returning officer shall forth with deliver to the Commission all sealed envelopes in connection with the election.

   (2) The Commission shall retain the envelopes delivered under sub-regulation (1) in respect of any poll in an election for a period of thirty days after the day on which the result of such election was declared and shall then cause them to be destroyed by burning, pulping or by any other efficacious method:

Provided that where the Commission has been informed under section 21 of the Act that an election petition has been presented in respect of such election, the envelopes shall not be destroyed until such time as the trial of such election petition has been finally determined.

[Reg 59 subs by reg 29 of SI 96 of 2006.]

PART V

   

[Part V rep by reg 30 of SI 96 of 2006.]

PART VI
CANVASSING

75.   Interpretation

In this part—

      (a)   “public media” means any newspaper, publication or broadcasting service which is owned or controlled by or on behalf of the State;

      (b)   “written statement” shall include a bill, a placard, poster, pamphlet or any other printed matter relating to elections under the Act.

76.   Canvassing

Public canvassing for, or of, votes in favour of any candidate nominated for the Local Government Elections under section 10 of the Act shall take place only in accordance with the provisions of this part.

77.   Contents of written statements

Any written statement intended for publication to the public relating to the elections under the Act for the purpose of canvassing for votes in favour of any candidate nominated for such elections and being a statement not issued by or on behalf of the Commission shall—

      (a)   bear names and addresses of the authors, printers and publishers and shall otherwise conform with the requirements of regulation 74;

      (b)   be in the form of a statement for encouraging the voters to elect the candidate, whose party’s policies are of benefit to the development of the council;

      (c)   be confined to discussing or arguing the case for, or against, one policy or the other as a means for development of the council and shall not contain defamatory imputations against any individual person or against the personal character of any individual;

      (d)   not be seditious or inflammatory or against any written law and shall not in any way be calculated to incite hatred, public disorder, breaches of the peace and violence.

78.   Publication of written statements

   (1) Written statement may be published by or on behalf of any candidate canvassing for votes in the elections under the Act by—

      (a)   distributing copies to the public;

      (b)   being read out for broadcasting over the Zambia National Broadcasting Corporation radio and television networks;

      (c)   being advertised in the local press in conformity with regulation 74;

      (d)   being read out at a public meeting; and

      (e)   any other lawful method.

   (2) Any person who publishes any written statement to the elections under the Act in contravention of regulation 77 shall be guilty of an offence.

79.   Contents of oral statements

   (1) An oral statement made to the public relating to elections under the Act for the purpose of canvassing for votes in the election and not being made by or on behalf of the Commission shall—

      (a)   be in the form of a statement for encouraging the voters to elect the candidate, whose party’s policies are of benefit to the development of the council;

      (b)   be confined to discussion or arguing the case for, or against, one policy or the other as a means for development of the council and shall not contain defamatory imputations, against any individual person or against the personal character of any individual; and

      (c)   not be seditious or inflamatory or against any written law and shall not in any way be calculated to incite hatred, public disorder, breaches of the peace and violence.

   (2) An oral statement, as specified in sub-regulation (1), may be made only at a public meeting arranged and supervised by or on behalf of the Commission at which the speakers shall be persons who have previously indicated in writing to the Commission their wish to address a public meeting and have indicated the party they support:

Provided that—

      (a)   separate meetings shall be arranged for persons speaking on behalf of the party they support; and

      (b)   the Commission shall ensure that an equal number of meetings for contesting parties unless no person has come forward to indicate a wish to speak on behalf of any party.

   (3) The Commission or an officer authorised in that behalf shall publicise the time and venue of each public meeting indicating the party the speakers will support.

   (4) The Commission or an officer authorised in that behalf shall notify, in advance, the officer commanding or the officer-in-charge of police in the locality of any meeting and the officer commanding or the officer-in-charge of police shall cause the attendance of an adequate number of police officers to ensure the maintenance of law and order and compliance with the provisions of this Part.

   (5) A public meeting held or proposed to be held under this Part may be discontinued or disallowed only by the Commission or any officer authorised in that behalf if satisfied, and on the advice of the officer commanding or officer-in-charge of police in attendance, that the meeting cannot continue or take place by reason of riot, open violence or other similar cause but, where a meeting has been discontinued or disallowed, another meeting shall be convened in its stead at the earliest practicable opportunity.

80.   Request to public media

The Commission may request any person in charge of the public media, in the case of a newspaper, to allot space, and in the case of broadcasting services, to allot time for the purpose of enabling any party, at its own cost, to canvass in accordance with this Part:

Provided that the Commission may arrange for some broadcasts at its own cost to be allotted equally to all contesting parties.

81.   Offences

   (1) Any person authorised under this part to perform any of the functions of the Commission who wilfully fails to perform the functions of his office under this part shall be guilty of an offence.

   (2) Any police officer who wilfully fails to perform the functions of his office under this Part shall be guilty of an offence.

   (3) Any person in charge of the public media who, having received a request from the Commission under regulation 80, wilfully obstructs or prevents the publication of an oral or written statement by any party lawfully canvassing for re-elections under the Act in accordance with this Part shall be guilty of an offence.

   (4) Any person who, at a lawful public meeting held in connection with elections under the Act, prior to the holding of such elections, 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 an offence.

   (5) Any person who directly or indirectly, by himself or by any other person does or threatens to do anything to the disadvantage of any person—

      (a)   in order to induce or compel that person to canvass or refrain from canvassing or on account of that person having canvassed or refrained from canvassing in connection with the elections under the Act; or

      (b)   in order to induce or compel that person to attend or refrain from attending a public meeting or on account of that person having attended or refrained from attending a public meeting held in connection with the election under the Act;

shall be guilty of an offence.

   (6) Any person who, by abduction, duress or any fraudulent device or contrivance, impedes or prevents the free exercise of the right of any person to canvass under this Part, or thereby compels, induces or prevails upon any person either to canvas or to refrain from canvassing for elections under the Act shall be guilty of an offence.

82.   Penalties

   (1) Any person guilty of an offence under this Part shall be liable on conviction to a fine not exceeding eight hundred penalty units or imprisonment for a period not exceeding two years or to both.

   (2) Any person who attempts to commit an offence against this Part shall be liable to the punishment prescribed for that offence.

[Am by Act 13 of 1994.]

SCHEDULE

[Sch subs by reg 31 of SI 96 of 2006.]

REPUBLIC OF ZAMBIA

LOCAL GOVERNMENT ELECTIONS

[Regulation 10]

LOCAL GOVERNMENT NOMINATION PAPER (PART A)

To: The Election Officer:……………………………………………………………..Ward
…………………………………….Constituency………………………………..Council.
We the undersigned being registered voters in the above-named ward, do hereby nominate:
Surname (in BLOCK CAPITAL)
First Name (In BLOCK CAPITAL)

Initials
National Registration Card No.
Gender
Residential Address:………………………………………………………………………
Postal Address:……………………………………………………………………………to stand as a candidate for election in the ………………………………………Ward of the
………………………………………………….Council.
I, (full name in BLOCK CAPITALS) …………………………………………………………………………………………………..
Here declare:-
(a)   that I accept the nomination:
(b)   that my nomination is supported by the (name of political party)*
…………………………………………………………………./
that I am an independent candidate*
(c)   my party symbol is …………………………………………………………………………………………………………..
(d)   (i) that I have appointed (full name)………………………………………………………………………………………….
of (address)…………………………………………………………………………………………………………………..
(e)   (ii) that I have appointed (full name)…………………………………………………………………………………………
of (address)………………………………………………………………………………………………………………….
in accordance with the regulations to be my Election Agent(s). A statutory declaration in respect of my nomination as a candidate is attached.
…………………………………… ………………………………..
(Date) (Signature of Candidate)
*Delete whichever is not applicable.
Received by me at…………………….hours on the …………………..day of ………………..20……..

………………………………………………….. ……………………………………………………………… (Name of Election Officer) (Signature of Election Officer)

THE LOCAL GOVERNMENT ELECTIONS

[Regulation 10]

NOMINATION PAPER (PART B)

We, being registered voters, in the ………………………………………………………………………………………..Ward, support the candidature of………………………………………………………………….

Full Name in Block Capitals

Voter’s Registration Card Number

Signature or Thumb-print

NOTES

1. Candidate are advised to acquaint themselves with the provisions of Regulations 10 to 25 before completing this Nomination Paper.

2. When this Nomination Paper is lodged it must be accompanied by the sum of K100, 000.00 (City Council), K75, 000.00 (Municipal Council) or K50, 000.00 (District Council) in cash as non refundable nomination fees.

3. A candidate may authorize another person to countersign, a Nomination Paper on her behalf, and to lodge it with the Returning Officer, but, in that event, the written authorization of the candidate and the candidate’s black and white photograph (34 mm (high) x 30 mm(wide) must be attached to the Nomination Paper.

4. The Statutory Declaration on Form LGE 2 must be completed by the candidate himself, in the presence of a Magistrate, Local Court Justice, Head of a Primary or Secondary Government School, Principal of a College, Commissioner for Oaths, Electoral Officer or Returning Officer.

The Local Government Elections Act

Local Government Election Regulations

[Regulation 11]

STATUTORY DECLARATION OF A PERSON NOMINATED AS A CANDIDATE

I, Surname (In BLOCK CAPITALS)………………………………………………………

First Name (in BLOCK CAPITALS)………………………………………………………

Other Names (INITIALS)…………………………………………………………………

do solemnly and sincerely declare that:

(1) I am a citizen of Zambia, my National Registration Card number being:

(2) Gender

(3) I have attained the age of twenty one year; and

(4) I am ordinarily resident in the area of the council to which I seek election:

(5) I am not disqualified for election as a councilor under section 17 of the Local Government Elections Act.

(6) My proposed symbol is ……………………………………………………………

(7) I shall abide with the provisions of the Electoral Code of Conduct.

I make this solemn declaration conscientiously believing the same to be true.

Signed:……………………………

Subscribed and solemnly declared before me this …………….day of…………20…….

Signed:………………………….

NAME IN BLOCK LETTERS……………………………………………………………………………………………

*Magistrate/Local Court Justice/Electoral Officer/Returning Officer/Head of Government Primary or Secondary School/Principal of a College/Commissioner for Oaths.

PENALTY FOR GIVING FALSE INFORMATION

By virtue of the Local Government Elections Regulations, the penalty for making a false statement is imprisonment for a period not exceeding two years or fine not exceeding four hundred penalty units or both.

*Delete where inapplicable.

The Local Government Elections Act

The Local Government Regulations

[Regulation 43]

CERTIFICATE OF AUTHORITY TO VOTE AT A POLLING STATION FOR PERSONS EMPLOYED ON ELECTION DUTIES

To: Presiding Officer……………………………………………………………………….

……………………………………..Polling Station…………………………………Ward

…………………………………………..Council.

In accordance with Regulation 43, authority is hereby given for the person specified below to cast his vote at the above polling station:

(i) Full name of voter as shown in the Register of Voters…………………………………

(ii) Election duty……………………………………………………………………………

(iii) Name of polling district in which registered…………………………………………...

(iv) Voter’s Card No. ………………………………………………………………………

(v) National Registration Card No. ………………………………………………………...

Signature:…………………………………………….

Name: ………………………………………………..

Returning Officer

INSTRUCTIONS

1. This certificate may only be issued to a person who is unable to vote at the polling station appointed for the polling district within the ward in which he is registered due to the fact that he is employed in an official capacity on election duties at some other polling station within the same ward.

2. In addition to this certificate, the voter’s card and national registration card must be produced to the presiding officer when application is made for a ballot paper.

3.   Upon the issue of a ballot paper to the voter this certificate must be surrender to the presiding officer who must attach it to his marked copy of the Register of Voters.

The Local Government Election Act

The Local Government Regulations

[Regulation 2 and 4]

BALLOT PAPER ACCOUNT

Polling Station:……………………Ward………………………Constituency……………

Stream:………………………….. Council:……………………………………………….......

Date:…………………………….

To be completed by Returning Officer on issue of Ballot Paper

To complete by Presiding/Assistant Presiding Officer at the close of the poll

Ballot Paper Numbered

Total Number Supplied (1)

Number of used excluding Spoilt ballot paper (2)

Number of Spoilt ballot papers (3)

Number of unused ballot papers (4)

Total Columns 2-4 (This must equal Column)(1)

(a) to inc

(b) to inc

(c) to inc

(d) to inc

(e) to inc

(f) to inc

(g) to inc

(h) to inc

(i) to inc

(j) to inc

(k) to inc

(l) to inc

(m) to inc

Ballot boxes supplied:…………………Ballot boxes used:……………………. Unused ballot boxes:…………………..

I hereby certify that this is the correct statement of all ballot papers and boxes supplied to me.

Name:…………………………………………………………….

Signed:…………………………………………………………...

PRESIDING OFFICER

(in duplicate)

The Local Government Election Act

The Local Government Regulations

[Regulation 51]

STATEMENT OF REJECTED BALLOT PAPERS

…………………………………Ward

………………………………..Constituency

…………………………………..Council

Date:………………………………………….

Reasons for rejection by Presiding Officer

Total

1. No official mark

…………………………………………

2. Votes shown for more than one candidate.

…………………………………………

3. Voter identification by mark.

…………………………………………

4. Unmarked or invalid due to uncertainty.

…………………………………………

Total number of rejected ballot papers.

I…………………………………….hereby certify that this is a correct statement of the ballot paper rejected by me as invalid.

Date………………………………..20…………………………………………………..

Signature of Presiding Officer

INSTRUCTIONS

1. To be completed by the Presiding Officer at the conclusion of the court and before announcement of the results.

2. The rejected ballot paper must be placed together in a marked envelope which must be sealed by the Presiding Office.

The Local Government Elections Act

The Local Government Regulations

[Regulation 2 and 4]

BALLOT PAPER ACCOUNT

Polling Station:……………………Ward………………………Constituency……………

Stream:………………………….. Council:………………………………………………..

Date:…………………………….

To be completed by Returning Officer on issue of Ballot Paper

To complete by Presiding/Assistant Presiding Officer at the close of the poll

Ballot Paper Numbered

Total Number Supplied (1)

Number of used excluding Spoilt ballot paper (2)

Number of Spoilt ballot papers (3)

Number of unused ballot papers (4)

Total Columns 2-4 (This must be equal Column) (1)

(a) to inc

(b) to inc

(c) to inc

(d) to inc

(e) to inc

(f) to inc

(g) to inc

(h) to inc

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