ELECTORAL PROCESS ACT: SUBSIDIARY LEGISLATION-I

A tribunal shall, in addition to the functions set out in Article 159 of the Constitution, hear and determine whether a person has been validly nominated as a candidate for election as a councillor.

5. Members of tribunal

(1) Members shall be appointed by the Chief Justice on such terms and conditions as may be specified in their letters of appointment.

(2) A person shall not be appointed as a member if that person-

(a) is an undischarged bankrupt;

(b) has a mental or physical disability that makes the person incapable of exercising the functions of a member; or

(c) has been convicted of an offence under any law and sentenced to a term of imprisonment exceeding six months, without the option of a fine.

6. Tenure of office and vacancy

(1) Subject to sub-rule (2), a member shall hold office for the period for which a tribunal is established and is eligible for re-appointment as a member.

(2) The office of a member becomes vacant if the member-

(a) dies;

(b) resigns by notice, in writing, to the Chief Justice;

(d) is adjudged bankrupt;

(e) becomes mentally or physically incapable of performing the duties of a member;

(f) is convicted of an offence under any written law and sentenced to imprisonment for a period exceeding six months, without the option of a fine;

(g) in the case of a magistrate, ceases to be a magistrate;

(i) in the case of a member who is a practitioner is-

(ii) suspended from practising as a practitioner; or

(iii) struck off the Roll of Practitioners.

(3) Where the office of a member becomes vacant before the expiry of the term for which a tribunal was constituted, the Chief Justice may appoint another member in place of the member who vacates office, but that member shall hold office only for the unexpired term of the tribunal.

PART III
PROCEEDINGS OF TRIBUNALS

7. Secretary

(1) There shall be a secretary of a tribunal who shall be appointed by the Chief Justice.

(2) The secretary of a tribunal shall-

(a) issue summonses to witnesses;

(b) keep a record of the proceedings of a tribunal;

(d) have custody and keep an account of the fees and other monies payable or paid to the tribunal;

(e) keep or cause to be kept proper accounts of the tribunal; and

(j) perform such other functions and exercise such powers as may be conferred under any other written law.

(3) The Chief Justice may appoint such other staff as may be necessary for the performance of the functions of a tribunal.

8. Institution of proceedings

(1) An election petition may be presented to a tribunal by-

(a) a person who lawfully voted or had a right to vote at the election to which the election petition relates;

(b) a person claiming to have had a right to be nominated as a candidate or elected as councillor at the election to which the election petition relates; or

(d) the Attorney-General.

(2) A person may file an election petition within seven days of the date on which the result of an election is declared.

9. Contents of election petition

An election petition filed under these Rules shall be-

(a) in the Form set out in the First Schedule; and

(b) filed in the office of the secretary.

(2) Evidence shall not be stated in an election petition.

(3) A tribunal may order that such particulars as may be necessary be provided, or unnecessary be excluded to ensure a fair hearing.

10. Service of election petition

(1) The petitioner shall, within two days of filing an election petition, serve or cause to be served a copy of the election petition on the respondent.

(2) Subject to sub-rule (3), service of an election petition shall be effected on the respondent personally.

(3) Where the petitioner is unable to effect personal service under sub-rule (2), the petitioner may apply to the tribunal for an order to effect substituted service.

(4) The tribunal may, on application made under sub-rule (3), order that service be effected by registered letter addressed to the respondent at the postal address declared in the nomination paper, or by publication in a daily newspaper of wide circulation in Zambia.

11. Answer

The respondent shall file an answer within seven days of receipt of an election petition.

12. Address for service

If an election petitioner does not have an address for service of notices and other proceedings, the petitioner shall, by notice, not later than two days after service of the election petition, give the secretary the address for service.

13. Security for costs

(1) The secretary shall, as soon as practicable, after receiving an election petition, place the election petition before the tribunal.

(2) Subject to sub-rule (3), the tribunal shall order the petitioner to pay security for costs.

(3) The costs referred to in sub-rule (2) shall not be less than five hundred kwacha.

(4) A tribunal shall direct whether the security for costs shall be made in cash or by recognizance with or without sureties or shared by the petitioners, if they are more than one.

(5) The secretary shall notify the petitioner of the-

(a) amount of the costs determined by the tribunal; and

(b) manner in which the costs shall be paid.

(6) Subject to sub-rule (4), the petitioner shall pay the costs not later than five days of the notification referred to in sub-rule (5).

(7) A person who acts as a recognizance shall prepare an affidavit stating that that person owns real or personal property to satisfy the debt amounting to the value of the sum for which that person is bound by that recognizance.

(8) The affidavit shall be lodged with the secretary.

14. Time and place of hearing

(1) The time and place of hearing of an election petition shall be determined by the tribunal.

(2) The secretary shall give four day's notice to the petitioner and the respondent before the day appointed for the hearing.

15. Notice of intention to withdraw election petition

(1) A notice of intention to withdraw an election petition shall be lodged with the secretary.

(2) The notice referred to in sub-rule (1) shall-

(a) state the grounds on which the application is intended to be withdrawn;

(b) be in writing, signed by the petitioner, or by all the petitioners if they are more than one; and

(3) A copy of the notice of intention to withdraw the election petition shall be served on the respondent.

16. Date of hearing of application to withdraw election petition

(1) A notice of the date of hearing of an application to withdraw an election petition shall be given to the petitioner and the respondent by the secretary.

(2) The notice of the date of hearing of an application to withdraw an election petition shall state that any person who has an interest in the hearing may apply to the tribunal to be substituted as the petitioner.

(3) An application by a person who has an interest referred to in sub-rule (2) shall be supported by an affidavit stating that the applicant is qualified to be a petitioner.

17. Appearance before tribunal

(1) A person appearing as a party before a tribunal may appear in person or be represented by a practitioner.

(2) The respondent shall be afforded an opportunity to be heard in answer to the election petition.

18. Default of appearance

(1) Where the petitioner does not appear at the time and place appointed for the hearing of the election petition, a tribunal may strike off or dismiss the election petition.

(2) Where the respondent does not appear at the time and place appointed for the hearing of the election petition, the tribunal may-

(a) proceed to hear the election petition; or

(b) adjourn the hearing on such terms as the tribunal considers appropriate.

(3) Where an election petition is struck-off under sub-rule (1), the petitioner may, within three days of the petition being struck off, apply to the tribunal to restore the election petition, failing which the election petition shall stand dismissed.

(4) The tribunal shall restore an election petition where a tribunal is satisfied that the application under sub-rule (3) has merit.

19. Tribunal hearing

At the hearing-

(a) the petitioner shall present the evidence on which the election petition is based;

(b) the respondent may adduce evidence to rebut the evidence of the petitioner; and

(c) the parties may, at the conclusion of the hearing, present oral or written submissions to a tribunal within such period as the tribunal may direct.

20. Evidence before tribunal

(1) A tribunal may receive, as evidence, a statement, document, information or other matter that may assist it to deal effectively with an election petition.

(2) A tribunal may take judicial notice of any fact.

(3) Evidence before a tribunal may be given orally or, if the parties to the proceedings consent or the tribunal so orders, by affidavit.

(4) A tribunal may, at any stage of the proceedings, make an order requiring the personal attendance of a deponent for examination and cross-examination.

21. Interlocutory applications

(1) An interlocutory application may be made to a tribunal.

(2) An interlocutory application shall be made in writing and shall state the title of the proceedings and the grounds upon which the application is made.

(3) A party who objects to an interlocutory application may, within two days after the service of a copy of the application on the party, send written notice of the objection to the secretary and a copy to the applicant.

(4) A tribunal shall hear the parties to the application before making an order on an interlocutory application.

(5) A tribunal shall, where the tribunal determines that an interlocutory application is frivolous or vexatious, dismiss the application and may order the applicant to pay the costs of the other party.

(6) An appeal shall not lie against a decision of the tribunal on an interlocutory application.

22. Postponement of hearing

(1) The tribunal may postpone the commencement of the hearing of an election petition or an application to withdraw an election petition.

(2) A hearing of an election petition may be adjourned.

23. Decision of tribunal

(1) An election petition shall be heard within 30 days of the filing of the election petition.

(2) An election petition challenging the validity of the nomination of a person as a candidate for election as councillor shall be heard within 21 days of its lodgment, except that the process shall be completed at least 30 days before a general election.

24. Appeal to Constitutional Court

A person who is dissatisfied with the decision of a tribunal may, within 14 days of the decision, appeal to the Constitutional Court.

PART IV
GENERAL PROVISIONS

25. Allowances of members and secretary

There shall be paid to the members and the secretary of a tribunal such allowances as the Chief Justice may determine with the approval of the Emoluments Commission.

26. Costs

A tribunal may make orders for costs as it may consider necessary.

27. Prescribed fees

The fees set out in the Second Schedule shall be paid in respect of the matters set out therein.

28. Revocation of S.I. No. 184 of 1993

The Local Government Electoral Petition Rules, 1993, are revoked.

FIRST SCHEDULE

[Rule 8]

ELECTION PETITION

ELECTION FOR (here state ward) HELD ON THE DAY OF .......

The Petition of ................, whose address for service is ................ shows that:

1. Your petitioner is (insert which of the following is appropriate):

(a) a person who lawfully voted;

(b) a person who lawfully had a right to vote;

(d) a person who had a right to be elected as a Councillor at the aforesaid election;

(e) a person who was a candidate at the aforesaid election;

(f) the Attorney-General.

2. And your petitioner/s state/s that the election was held on the ........ day of ....... when ........ and ....... were candidates and the returning officer has returned ................... as being duly elected.

3. And your petitioner/s say/s that (here state the facts and grounds on which the petitioner/s relies/rely WHEREOF your petitioner/s pray/s that it may be determined that the said ............ was not duly nominated, elected or returned and that the nomination or election was void (or that the said ....... was duly nominated, elected or ought to have been returned).

4. And your petitioner/s prays/pray that-

(a) the nomination or election of the respondent be declared void; or

(b) the petition or a specified person be declared duly nominated or elected.

...........
Signed

SECOND SCHEDULE

[Rule 27]

PRESCRIBED FEES

No.	Item	Fees Units	Documents to be receipted
	PART I
1.	On filing a petition	2,780	The petition
2.	On filing an affidavit of service	30	The affidavit
3.	On commissioning affidavit	100	The filed copy
4.	On filing ex parte summons for application for substituted service	85	The ex parte summons
5.	On filing an affidavit	30	The affidavit
6.	On sealing ex parte order or any order made by the tribunal	60	The order
7.	On filing an answer by the respondent	230	The filed copy
8.	On filing notice of intention to withdraw	300	The filed copy
9.	On filing an application for restoration of a matter which has been struck out for non-attendance or any other reason	500	The filed application
10.	On filing an interlocutory notice or motion or application not specifically provided for	300	The filed copy
11.	On filing response to the interlocutory application	115	The filed copy
12.	On filing a notice of appeal to the Constitutional Court	835	The filed copy
13.	On filing a notice of cross appeal	835	The filed copy
14.	On filing an application for leave to appeal	230	The filed copy
15.	On every search per case	115	The search form
16.	On personal general searches in the register for unspecified number of names in any one calendar year, in any register of the tribunal	2,780	In case payable to the secretary of the tribunal
17.	For transcript of shorthand notes or otherwise recorded proceeding, per page or part of the proceeding	5	The filed application
	PART II
1.	On filing any notice not specifically provided for	100	The filed copy
2.	On filing bundles or supplementary bundles	280	The filed copy
3.	On filing a consent judgment or order	90
4.	On filing a notice of taxation of costs	115	The filed notice
5.	On filing a bill of costs for taxation	10 per cent of the taxed bill	The bill of costs
6.	On filing consent on agreed costs	5 per cent of the agreed costs	The consent order
7.	On filing a certificate of taxation	230	The certificate
8.	On filing any certificate not specifically provided for	278	The filed copy

ELECTORAL PROCESS (CODE OF CONDUCT) (ENFORCEMENT) REGULATIONS

[Section 125]

Arrangement of Regulations

Regulation

1. Title

2. Interpretation

3. Notification of breach of Code

3A. Determination of urgent complaint or allegation by Commission

4. Referral of complaint or allegation

5. Determination of complaint by district conflict management committee

6. Review of decision by National Conflict Management Committee

7. Decision by Commission

8. Disqualification of candidate or political party

SI 62 of 2016,

SI 35 of 2020.

1. Title

These Regulations may be cited as the Electoral Process (Code of Conduct) (Enforcement) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires, words and expressions have the meaning assigned to them in the Act.

3. Notification of breach of Code

(1) A person who witnesses a breach of the Code or alleges that a candidate or political party has breached the Code shall notify the Commission of the breach of the Code, in writing.

(2) The Commission may, on its own motion, take notice of any breach of the Code.

3A.
Determination of urgent complaint or allegation by Commission

(1) The Commission shall, within 24 hours of receipt of a complaint or allegation, determine whether the complaint is of an urgent nature requiring the Commission to hear the complaint or allegation within 48 hours of receipt of the complaint or allegation.

(2) The Commission shall, where the Commission determines that an urgent situation exists under sub-regulation (1)-

(a) issue a notice of hearing within 48 hours of the determination of the urgency of the complaint or allegation, to a candidate or political party complained against, the complainant, and to any other person the Commissioner considers necessary for the purposes of the hearing and shall specify the date, time and venue of the hearing; and

(b) attach the written complaint or allegation to the notice issued under paragraph (a).

(3) The Commission shall hear the complaint or allegation within 72 hours of receipt of the complaint or allegation.

(4) The Commission shall, where it finds a candidate or political party in breach of the code, disqualify the candidate or political party from participating as a candidate or political party in an election in a district, constituency or ward concerned.

[Reg 3A ins by reg 2 of SI 35 of 2020.]

4. Referral of complaint or allegation

(1) Where the Commission determines under regulation 3A that an urgent situation does not exist for the Commission to hear the complaint or allegation, the Commission shall, within 48 hours of receipt of a complaint or allegation of breach of the Code, refer the complaint or allegation to the district conflict management committee in the area in which the breach occurs for determination.

(2) Regulations 5, 6, 7 and 8 apply in hearing the complaint or allegation where no urgent situation exists.

[Reg 4 subs by reg 3 of SI 35 of 2020.]

5. Determination of complaint by district conflict management committee

(1) A district conflict management committee shall-

(a) upon receipt of a complaint, issue a notice of hearing to the candidate or political party complained against and to the complainant, specifying the date, time and venue of the hearing;

(b) attach the written complaint or allegation to the notice issued to the candidate or political party under paragraph (a); and

(2) The determination of a matter before a district conflict management committee shall be by consensus and in the absence of that consensus, according to the votes of the majority of the members present and considering the matter.

(3) A district conflict management committee shall, at the conclusion of a hearing, evaluate the facts and make recommendations on the matter to the National Conflict Management Committee.

6. Review of decision by National Conflict Management Committee

(1) The National Conflict Management Committee shall, within 48 hours of receipt of the recommendations of the district conflict management committee, review the decision of a district conflict management committee and where it considers necessary, adopt the recommendations made by a district conflict management committee.

(2) The National Conflict Management Committee may, where it considers it necessary, afford the parties to the complaint an opportunity to be heard on the recommendations submitted by a district conflict management committee under sub-regulation (1).

(3) The National Conflict Management Committee shall, after the review of the decision of a district conflict management committee, make recommendations on the matter to the Commission within 48 hours of the review.

[Reg 6 subs by reg 4 of SI 35 of 2020.]

7. Decision by Commission

(1) The Commission shall hear a complaint within 72 hours of the receipt of the recommendation on the complaint of the National Conflict Management Committee.

(2) The Commission shall afford the parties to the complaint an opportunity to be heard on the recommendations submitted by the National Conflict Management Committee.

(3) The Commission may adopt, modify or vary the recommendation made by the National Conflict Management Committee.

8. Disqualification of candidate or political party

The Commission shall, where it finds a candidate or political party in breach of the Code, disqualify the candidate or political party from participating as a candidate or political party in an election in the district, constituency or ward concerned.

ELECTORAL PROCESS (GENERAL) REGULATIONS

[Section 125]

Arrangement of Regulations

Regulation

PART I
PRELIMINARY PROVISIONS

1. Title

2. Interpretation

3. Functions of Chief Electoral Officer

4. Election officers

5. Form of oath or affirmation

6. Revocation of appointment of election officers

7. Notification of vacancy in council or National Assembly

8. Allocation and registration of symbols

9. Determination of whether candidate is supported by political party

PART II
NOMINATION PROCEDURE

10. Appointment of nomination office

11. Nomination for presidential election

12. Nomination for candidate for election as Member of Parliament

13. Nomination for mayor or council chairperson

14. Nomination for election as councillor

15. Receipt of nominations

16. Guidance by returning officer

17. Control at nomination centre

18. Determination of validity of nominations

19. Procedures after determination of validity of nominations

20. Publication of local notice

21. Procedure upon death of candidate

22. Inspection of nomination paper

PART III
ELECTIONS

23. Notice of polling stations

24. Appointment of times of polling

25. Postponement of poll in case of emergency

26. Nature of poll

27. Form of ballot paper

28. Issuance of ballot paper

29. Preparations for taking of poll

30. Ballot boxes, official seals and official marks

31. Procedure before commencement of poll

32. Control of persons entering polling station

33. Procedure for casting vote at polling station

34. Casting of votes

35. Restriction on communication in precincts of polling station

36. Prohibition on use of electronic devices

37. Spoilt ballot papers

38. Objections concerning voting

39. Assistance to certain voters

40. Voting by persons employed on election duties

41. Delegation of powers of presiding officer

42. Sealing of full ballot box

43. Procedure after close of poll

44. Counting to be done at polling stations

45. Counting of votes

46. Rejection of ballot papers

47. Re-counting of votes

48. Equality of votes

49. Sealing of ballot papers

50. Announcement and declaration of the results

51. Declaration of President-elect

52. Notice of result

53. Verification of ballot papers

54. Custody and destruction of election materials

PART IV
GENERAL PROVISIONS

55. Election agents

56. Polling agents

56A. Oath or affirmation by election agents or polling agents

57. Offences by election officers

58. Revocation of S.I. No. 92 of 2006

SCHEDULE

SI 63 of 2016,

SI 39 of 2021.

PART I
PRELIMINARY PROVISIONS

1. Title

These Regulations may be cited as the Electoral Process (General) Regulations.

2. Interpretation

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

"assistant returning officer" means a person appointed as such under regulation 4;

"ballot box" has the meaning assigned to it in the Act;

"ballot paper" has the meaning assigned to it in the Act;

"ballot paper account" has the meaning assigned to it in the Act;

"by-election" has the meaning assigned to it in the Constitution;

"candidate" has the meaning assigned to it in the Act;

"councillors" has the meaning assigned to it in the Act;

"Chief Electoral Officer" means the person appointed as Chief Electoral Officer under the Electoral Commission of Zambia Act, 2016;

"election agent" has the meaning assigned to it in the Act;

"election officer" has the meaning assigned to it in the Act;

"local government election" includes elections for a mayor, council chairperson and councillor;

"local notice" means a notice given at the nomination office, the office of the district council within which the constituency is situated and such other place as the returning officer considers necessary;

"Member of Parliament" has the meaning assigned to it in the Constitution;

"national registration card" has the meaning assigned to it in the Act;

"national registration number" has the meaning assigned to it in the Act;

"nomination centre" has the meaning assigned to the word in the Act;

["nomination office" subs as "nomination centre" by reg 2 of SI 39 of 2021.]

"nomination paper" has the meaning assigned to it in the Act;

"official mark" means a mark provided to a presiding officer under regulation 29, for the taking of a poll;

"official seal " means a seal provided to a presiding officer under regulation 29, for the taking of a poll;

"polling agent" has the meaning assigned to it in the Act;

"polling assistant" has the meaning assigned to it in the Act;

"polling day" has the meaning assigned to it in the Act;

"polling district" has the meaning assigned to it in the Act;

"polling station" has the meaning assigned to it in the Act;

"presiding officer" has the meaning assigned to it in the Act;

"registered" means registered in a register of voters;

"register of voters" has the meaning assigned to it in the Act;

"Returning Officer" has the meaning assigned to it in the Act;

"returning officer" has the meaning assigned to it in the Act;

"Speaker" has the meaning assigned to it in the Constitution; and

"voter's card" has the meaning assigned to it in the Act.

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

3. Functions of Chief Electoral Officer

The Chief Electoral Officer shall-

(a) ensure that an election officer performs the election office's functions with impartiality and in accordance with these Regulations;

(b) issue to an election officer such instructions as the Chief Electoral Officer considers necessary to ensure due compliance with these Regulations; and

4. Election officers

(1) The Commission shall appoint in respect of each constituency, district or ward-

(a) a district electoral officer by notice in the Gazette;

(b) returning officer, by notice in the Gazette;

(c) an assistant returning officer by notice, in writing, for the purpose of assisting the Returning Officer and returning officers, respectively, in the performance of their functions; and

(d) polling assistants, by notice, in writing.

[Reg 4(1) subs by reg 3(b) of SI 39 of 2021.]

(2) The Commission may, by notice, in writing, appoint for each polling district, presiding officers, assistant presiding officers and polling assistants.

5. Form of oath or affirmation

The officers referred to in regulation 4(1)(c), (d) and (2) shall, before exercising any of the functions conferred on the officers under these Regulations, take and subscribe an oath or make an affirmation before a Subordinate Court Magistrate, Local Court Magistrate, district electoral officer, returning officer, Commissioner for Oaths, Head of a Government School or Principal of a College in Form GEN 1 set out in the Schedule.

[Reg 5 subs by reg 4 of SI 39 of 2021.]

6. Revocation of appointment of election officers

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

[Reg 6(1) am by reg 5 of SI 39 of 2021.]

(2) Where the Commission revokes the appointment of an assistant returning officer, presiding officer, assistant presiding officer or polling assistant, it shall give notice, in writing, of the revocation to the person concerned.

7. Notification of vacancy in council or National Assembly

(1) The principal officer of a council shall, upon a casual vacancy occurring in the elected membership of a council, inform the Commission and the district or ward concerned, in writing, of the occurrence of the vacancy, as soon as practicable after it occurs.

(2) The Commission shall cause every casual vacancy in the elected membership of the National Assembly or council to be filled as soon as practicable.

8. Allocation and registration of symbols

(1) The Chief Electoral Officer shall maintain a register of symbols for use by candidates at elections, and that register shall be in such form as the Chief Electoral Officer may determine.

(2) A political party or independent candidate contesting an election shall apply to the Chief Electoral Officer for the registration of a symbol chosen by that party or candidate for use by a candidate supported by that party or by that independent candidate at elections and subject to sub-regulations (4) and (5), the Chief Electoral Officer shall register that symbol.

(3) An application made on behalf of a political party shall be made by the party president or secretary of that political party.

[Reg 8(3) am by reg 6 of SI 39 of 2021.]

(4) The following shall not be registered or used as symbols-

(a) the armorial ensigns or the National Flag of Zambia;

(b) a device or an emblem which, in the opinion of the Chief Electoral Officer, is normally associated with an ethnic group or religion or the regalia of a chief;

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

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

(e) a symbol the use of which is, in the opinion of the Chief Electoral Officer, offensive or objectionable.

(5) The Chief Electoral Officer shall not register a symbol under this regulation in respect of a political party or candidate until any other registered symbol in respect of that party or independent candidate is cancelled.

(6) The Chief Electoral Officer shall allocate and register in respect of a political party or independent candidate for election in a constituency, district or ward a symbol for use by that political party or independent candidate in that election.

9. Determination of whether candidate is supported by political party

(1) If a question arises in respect of the allocation and registration of a symbol under regulation 8 regarding whether the nomination of a candidate is supported by a political party, that question shall be referred to and determined by the Commission.

(2) The Commission shall consult the leader or secretary of a political party before determining the question referred to in sub-regulation (1).

<PN:"Highlighter 3">PART II
NOMINATION PROCEDURE

10. Appointment of nomination office

(1) The Commission shall, by notice in the Gazette, appoint for each constituency, district or ward in respect of which an election date has been appointed, a place to be the nomination centre for receiving nominations papers.

[Reg 10(1) am by reg 7 of SI 39 of 2021.]

(2) The returning officer for a constituency, district or ward shall attend at the nomination office during the periods appointed in respect of that constituency, district or ward for the receipt of nomination, to receive nomination papers in that constituency, district or ward.

11. Nomination for presidential election

(1) A presidential nomination paper shall be-

(a) in Form GEN 2 set out in the Schedule;

(b) signed by the candidate in the presence of the Returning Officer;

(c) subscribed to by not less than one hundred registered voters from each Province who support the presidential candidate and the running mate; and

(d) accompanied by a non-refundable election fee determined by the Commission.

(2) A nomination paper for a running mate shall be in Form GEN 3 set out in the Schedule.

(3) Sub-regulation (1)(c) and (d) does not apply to a running mate.

(4) A Presidential candidate shall file an affidavit, for purposes of Article 52 of the Constitution, in Form GEN 4 set out in the Schedule.

(5) The supporters referred to in sub-regulation (1)(c) shall-

(a) be screened and validated by an assistant returning officer in each province; and

[Reg 11(5)(a) subs by reg 8(a) of SI 39 of 2021.]

(b) endorse Part B of the presidential nomination paper in the presence of the assistant returning officer.

(6) A presidential candidate shall lodge with the Returning Officer-

(a) a statutory declaration of assets and liabilities in Form GEN 5 set out in the Schedule; and

(b) a declaration of compliance with the Electoral Code of Conduct in Form GEN 6 set out in the Schedule.

(7) A presidential candidate shall submit the processed nomination papers to the Returning Officer on a day and at a time appointed for the receipt of nominations.

(8) The Returning Officer shall at the time of lodging nomination papers take a portrait of a candidate.

[Reg 11(8) subs by reg 8(b) of SI 39 of 2021.]

(9) In this regulation, unless otherwise provided, a reference to a Presidential candidate includes a running mate.

12. Nomination for candidate for election as Member of Parliament

(1) The nomination paper for a candidate for election as a Member of Parliament shall be-

(a) in Form GEN 7 set out in the Schedule;

(b) subscribed to in Part B of the Form by fifteen supporters, registered in the constituency, in the presence of the returning officer;

(d) accompanied by a non-refundable election fee determined by the Commission.

(2) A candidate for election as a Member of Parliament shall file an affidavit, for purposes of Article 52 of the Constitution, in Form GEN 8 set out in the Schedule.

(3) A candidate for election as a Member of Parliament shall lodge with the returning officer for the constituency concerned-

(a) a statutory declaration of assets and liabilities in Form GEN 5 set out in the Schedule; and

(b) a declaration of compliance with the Electoral Code of Conduct in Form GEN 6 set out in the Schedule.

(4) The returning officer shall, at the time of receiving nomination papers, take a portrait of the candidate.

[Reg 12(4) subs by reg 9 of SI 39 of 2021.]

(5) A candidate or a person duly authorised by that candidate shall, at the time of lodging a nomination paper in a constituency, attend before the returning officer for the constituency with the 15 supporters of the candidate who shall produce their voter's cards and national registration cards to the returning officer.

13. Nomination for mayor or council chairperson

A candidate for election as a mayor or council chairperson in a district shall lodge with the returning officer for that district-

(a) a nomination paper in Form GEN 9 set out in the Schedule;

(b) an affidavit in Form GEN 10 set out in the Schedule; and

[Reg 13(c) ins by reg 10 of SI 39 of 2021.]

14. Nomination for election as councillor

(1) The nomination paper for a candidate for election as a councillor shall be-

(a) in Form GEN 11 set out in the Schedule;

(b) subscribed to by nine supporters, registered in the ward, in the presence of the returning officer;

(d) accompanied by a non-refundable election fee specified by the Commission.

(2) A candidate for election as a councillor shall file an affidavit in Form GEN 12 set out in the Schedule.

(3) A candidate for election as a councillor in a ward shall lodge with the returning officer for that ward-

(a) a duly completed nomination paper and affidavit; and

(b) a declaration of compliance with the Electoral Code of Conduct in Form GEN 6 set out in the Schedule.

(4) The returning officer shall, at the time of lodging nomination papers, take a portrait of the candidate and where the nomination papers are lodged by an election agent, the agent shall submit a portrait of the candidate as specified by the Commission.

(5) A candidate or a person duly authorised by the candidate shall, at the time of lodging a nomination paper, present themselves to the returning officer with the nine supporters who shall produce their voters cards and national registration cards to the returning officer.

[Reg 14(5) am by reg 11(a) of SI 39 of 2021.]

(6) The supporters shall subscribe their signatures on the nomination paper in the presence of returning officer.

[Reg 14(6) am by reg 11(b) of SI 39 of 2021.]

15. Receipt of nominations

(1) A returning officer shall receive the nomination of a candidate in an election on the days, hours and places specified by the Commission, by statutory order.

(2) A returning officer shall attend at the place, on the days and during the hours appointed by the Commission to provide nomination papers to candidates and to receive the nomination of candidates.

(3) A returning officer may extend the closing time of the period within which to receive nominations if the returning officer is satisfied that a candidate and the candidate's supporters duly presented themselves to the returning officer before the close of the period fixed for the receipt of nominations but were prevented from lodging their nomination before the expiry of that period because the returning officer was receiving the nomination of another candidate during the same period.

16. Guidance by returning officer

(1) Where a candidate or candidate's agent intending to lodge a nomination in a constituency, district or ward requests the returning officer for that constituency, district or ward to examine the nomination paper before it is lodged, or to be guided on any matter relating to that nomination paper, the returning officer shall guide that candidate or candidate's agent to the best of the returning officer's ability.

(2) The advice or guidance given under sub-regulation (1) shall not be inquired into in a proceeding before a court.

17. Control at nomination centre

(1) A returning officer shall maintain order at the nomination centre and in its precincts, and shall regulate the number of persons to be admitted at a time in the nomination office.

[Reg 17(1) am by reg 12(b) of SI 39 of 2021.]

(2) A returning officer at a nomination centre may require any person to leave the nomination centre and its precincts if, in the opinion of the returning officer, the person is causing a disturbance which is likely to interfere with the nominations.

[Reg 17(2) am by reg 12(c) of SI 39 of 2021.]

(3) Sub-regulation (2) does not apply to-

(a) a member of the Commission or its members of staff;

(b) an election officer;

(c) a person who is accompanying another person wishing to lodge a nomination paper in accordance with these Regulations and whose name appears on the nomination paper as a candidate, proposer, seconder or supporter;

(d) a police officer on duty;

(e) accredited monitors and observers; or

(f) a person authorised, in writing, by the Chief Electoral Officer to enter and remain in the nomination centre.

[Reg 17(3)(f) am by reg 12(c) of SI 39 of 2021.]

(4) The powers conferred by this regulation shall not be exercised so as to prevent a person who is otherwise entitled to be at the nomination office.

18. Determination of validity of nominations

(1) A returning officer for a constituency, district or ward shall, immediately after the filing of a nomination paper in that constituency, district or ward, determine the validity of each nomination lodged with the returning officer and shall declare invalid a nomination in respect of which-

(a) the nomination paper was not duly completed or properly signed or lodged;

(b) the nomination paper is not accompanied by the affidavit or the affidavit is defective in a material particular;

(d) the candidate does not meet the qualifications specified in the Act and the Constitution.

[Reg 18(1)(d) ins by reg 13(a) of SI 39 of 2021.]

(2) Where a returning officer determines that a nomination is invalid, the returning officer shall reject the nomination and shall endorse on the nomination paper the reason for the determination, and shall sign that endorsement.

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

(4) Where a returning officer for a constituency, district or ward determines that only one candidate has been validly nominated for election in that constituency, district or ward, the returning officer shall declare that candidate to be duly elected in that constituency, district or ward and shall inform the Commission accordingly.

(5) A returning officer shall notify each candidate, in writing, of the returning officer's decision in respect of that candidate after the filing of nominations.

[Reg 18(5) am by reg 13(b) of SI 39 of 2021.]

(6) Where a returning officer determines that more than one candidate is validly nominated, the returning officer shall immediately publish a notice of the names of the candidates validly nominated, in a manner that the returning officer considers necessary for giving the names sufficient publicity, and shall cause the notice to be published in the Gazette.

(7) The determination of the returning officer that a nomination is valid or invalid is final unless challenged through an election petition in accordance with Article 52(4) of the Constitution.

19. Procedure after determination of validity of nominations

(1) A returning officer shall, after determining the validity of nominations lodged with the returning officer, inform the Commission of the candidates who are validly nominated.

(2) Where a returning officer determines that no candidate has been validly nominated for election in that constituency, district or ward, the returning officer shall inform the Commission accordingly.

(3) Where the Commission is informed under sub-regulation (2) that no candidate has been validly nominated, the Commission shall, in respect of that constituency, district or ward, exercise its powers provided for in regulation 7.

20. Publication of local notice

(1) Where two or more candidates have been validly nominated for a constituency, district or ward, the returning officer shall give local notice that a poll shall be taken in that constituency, district or ward on the day appointed for the election, and the local notice shall set out the names of the candidates in alphabetical order of surnames and other names.

[Reg 20(1) am by reg 14 of SI 39 of 2021.]

(2) Where two or more candidates have been validly nominated for a constituency, district or ward, the returning officer shall publish the information contained in the nomination papers and affidavits relating to the candidates.

(3) Where no candidate or only one candidate has been validly nominated for election in a constituency, district or ward, the returning officer shall give local notice that a poll shall not be taken in that constituency, district or ward.

(4) Where in respect of a constituency, district or ward, the same day has been appointed for the poll for elections to the office of President, the National Assembly or councillor, the returning officer for that constituency, district or ward shall-

(a) in the notice referred to in sub-regulation (1), state that the polls shall be held at the same time; and

(b) in the notice referred to in sub-regulation (3), state that despite a poll for election to the National Assembly not being taken in that constituency, district or ward, the poll for the election to the office of President or councillor, as the case may be, shall be taken on the appointed day.

21. Procedure upon death of candidate

The Commission shall, where a candidate who is validly nominated for election in a constituency, district or ward dies before the close of the poll in that election, declare all proceedings relating to the election in that constituency, district or ward to be void, and shall in respect of that constituency, district or ward appoint new election dates.

22. Inspection of nomination paper

A person registered in a constituency, district or ward may, at any reasonable time, after the returning officer for the constituency, district or ward has given notice of the date of the poll and before the day appointed for the taking of a poll in that constituency, district or ward inspect, at the office of the returning officer, a nomination paper of a candidate in that constituency, district or ward.

PART III
ELECTIONS

23. Notice of polling stations

The electoral officer for a polling district shall, for the purpose of the taking of a poll in the polling district, give local notice and such other notice indicating the location of a polling station in the polling district.

24. Appointment of times of polling

(1) Subject to regulation 25, a poll shall commence and close at such time as the Commission appoints, and notice of the times shall be published in the Gazette and in such other manner as the Commission directs.

(2) The Commission may appoint different commencement or closing times for different constituencies or polling districts.

25. Postponement of poll in case of emergency

(1) A presiding officer may postpone until later in the day, and if necessary to some other day, the polling at the polling station where voting cannot be started or is interrupted by reason of a riot, open violence, flood, natural catastrophe or other cause, which affects the conduct of a free and fair election at the polling station.

(2) Where a presiding officer postpones a poll, in accordance with sub-regulation (1), the polling shall start or restart at the earliest practicable time or date.

<PN:"Highlighter 3">(3) A presiding officer may extend the hours or postpone the day of polling at a polling station where polling has started or has been interrupted by reason of any of the causes referred to in sub-regulation (1), and references in these Regulations to the close of the poll shall be construed accordingly.

(4) If a poll is postponed at a polling station, the hours of polling on the day to which it is postponed shall be the same as those for the original day, and references in these Regulations to the closing of the poll shall be construed accordingly.

(5) A presiding officer shall, where the presiding officer postpones a poll in accordance with these Regulations, take such precautions as are necessary to safeguard the ballot boxes, ballot papers and other election requisites, and shall immediately notify the returning officer of that postponement.

(6) Where a returning officer is notified under sub-regulation (4) of the postponement of a poll, the returning officer shall immediately notify the Commission of the postponement.

26. Nature of poll

(1) A voter may vote at the polling station appointed for the polling district in which that voter is registered and shall not be entitled to vote at any other polling station.

(2) At the taking of a poll, a voter shall be entitled to cast one vote for a candidate and if a voters 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, the voter shall not be entitled to cast more than one vote for a candidate.

27. Form of ballot paper

(1) The ballot paper for a poll in a presidential election shall be in Form GEN 13 set out in the Schedule and shall show, in alphabetical order, the surnames and portraits of the presidential candidates and the names only of the running mate, the names of the political party, if supported by any, and the symbol of each candidate.

(2) The ballot paper for a poll in an election for a Member of Parliament, Mayor, Council Chairperson or councillor shall be in Form GEN 14 set out in the Schedule and in respect of a constituency, district or ward shall show the names in alphabetical order of the surnames and portraits of the candidates, the names of the political party, if supported by any, for election in that constituency, district or ward and the symbol of each candidate.

[Reg 27(2) am by reg 15 of SI 39 of 2021.]

28. Issuance of ballot paper

(1) A person who intends to vote in an election shall apply for a ballot paper and shall-

(a) attend at the polling station at which the person is entitled to vote;

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

(d) have the right hand thumbnail stained, or any other finger or body part found appropriate by the polling assistant.

(2) A person who fails to comply with the requirements of this regulation shall not be issued with a ballot paper.

(3) Sub-regulation (1)(a), (c) and (d) shall not apply where a special vote is applicable.

(4) A presiding officer or polling assistant at a polling station may ask an applicant for a ballot paper any question that the presiding officer or polling assistant considers necessary to enable the presiding officer or polling assistant to identify the applicant manually or electronically with the name on the register of voters for that polling station.

[Reg 28(4) am by reg 16(a) of SI 39 of 2021.]

(5) A person shall not be issued with a ballot paper or permitted to vote at a polling station unless the presiding officer or polling assistant for the polling station is satisfied that the person-

(a) is entitled to vote at that polling station;

(b) has produced that person's voter's card;

(d) has not previously voted in the poll in respect of which the person is applying for a ballot paper; and

(e) ...

[Reg 28(5)(e) rep by reg 16(b) of SI 39 of 2021.]

29. Preparations for taking of poll

(1) A returning officer shall, in respect of the taking of a poll in a polling station within the returning officers constituency, district or ward-

(a) ensure that 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 seals, official marks, the voters roll relating to the polling station and such other things as may be necessary for the taking of the poll;

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

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

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

(ii) the symbol allocated under regulation 8 in respect of each candidate for election in the constituency, district or ward.

(2) The returning officer for each constituency, district or ward in which a poll is to be taken shall give notice, in writing, to each candidate for election in the constituency, district or ward, before the day appointed for taking of the poll, of the time and place at which the votes cast in the elections shall be counted.

30. Ballot boxes, official seals and official marks

(1) Every ballot box shall be transparent and constructed in a manner that, after it is sealed under regulation 42, the ballot papers can be placed in the ballot box by the voters but not taken out without breaking the seals.

(2) The official seals and official marks in respect of every poll shall be in such form as the Commission may determine.

31. Procedure before commencement of poll

(1) The presiding officer at each polling station shall, immediately before the commencement of the poll, show every ballot box, open and empty, to any person whose presence for that purpose is permitted so that the person may see that it is empty, and shall then seal with the official seal each ballot box, and shall permit a candidate, election agent or polling agent, who may be present to affix their seals to the ballot box, and the 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 or assistant presiding officer at each polling station shall place every ballot box sealed under sub-regulation (1) in a position that it can be seen throughout the taking of the poll by the presiding officer or assistant presiding officer and a candidate, election agent or polling agent who is present at the polling station.

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

[Reg 31(3) ins by reg 17 of SI 39 of 2021.]

32. C<PN:"Highlighter 3">ontrol of persons entering polling station

<PN:"Highlighter 3"> (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 that polling station.

(2) The presiding officer at each polling station may require any person 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.

(3) Sub-regulation (2) does not apply to-

(a) a member of the Commission or its members of staff;

(b) an election officer;

(d) a police officer on duty;

(e) accredited monitors and observers; or

(f) a person authorised, in writing, by the Chief Electoral Officer to enter and remain in the polling station.

(4<PN:"Highlighter 3">) A candidate, election agent, polling agent or a person accredited by the Commission to enter and remain in a polling station shall, before attending the taking of a poll at any polling station, take and subscribe an oath or make an affirmation, in Form GEN 1 set out in the Schedule before the returning officer for that constituency, district or ward.

<PN:"Highlighter 3"> (5) The powers conferred by this regulation shall not be exercised so as to prevent any voter who is entitled to vote at a polling station from having an opportunity of voting at that polling station.

33. Procedure for casting vote at polling station

Where a presiding officer, assistant presiding officer or polling assistant is satisfied that an applicant is entitled to be issued with a ballot paper, and to vote, the following procedure shall be followed-

(a) the voter shall, before receiving a ballot paper, present to the polling assistant, the right hand thumb to be marked, except that in the case of a voter without any thumb, that voter shall present any other finger or body part found appropriate by the polling assistant;

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

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.

{{{_source.title}}} {{#_source.showPrice}} {{{_source.displayPrice}}} {{/_source.showPrice}}