THE PARLIAMENTARY ELECTIONS ACT, 2005.

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Act Parliarnenuv-y Elections Act 2005
THE PARLIAMENTARY ELECTIONS ACT, 2005.

ARRANGEMENT OF SECTIONS.

Section.
PART I—PRELIMINARY.

Interpretation.

PART 11—PARLIAMENTARY ELECTIONS GENERALLY.

Election of members of Parliament.

By-elections.

PART II I—QUAL1FICATIONS, DISQUALIFICATIONS, TENURE

OF OFFICE AND RIGHT OF RECALL.

Qualifications and disqualifications of members of parliament.

Forgery of certificate of academic qualification

PART IV—INFORMATIONI TO RETURNING OFFICERS

AND SECRECY.

. Information to be given to returning officers.

Secrecy required of election officers and others,

PART V—DISTRICT, CITY WOMEN REPRESENTATIVES AND

SPECIAL INTEREST GROUPS.

District or city women representatives and special interest groups.

PART VI—NOMINATION OF CANDIDATES FOR ELECTION AS

MEMBERS OF PARLIAMENT

Appointment of nomination days.

Sponsorship of candidates by political organisations and political
parties.
Procedure for the nomination of candidates.
Factors which do not invalidate nomination paper.
Factors which may invalidate a nomination.

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Section.
Where no candidate or where one candidate is nominated.
Inspection of nomination papers and lodging of complaints.
Right to complain to the Commission upon rejection of nomination
paper.
Allocation of symbols and colours.
Commission to appoint polling day and tallying places.
Withdrawal of candidates.
PART VII-CAMPAIGF'nNo.
Campaign programmes.
Protection and immunity of candidates.
Rights of candidates.
Non sectarian campaign.
Interference with electioneering activities of other persons.
Use of Government resources.
Where one of only two candidates dies.
PART VIJI-VOTING AND VOTiNG PROCEDURE.
Distribution of election materials,
Publication of list of polling stations and candidates.
Polling stations and voting time.
Polling and polling procedure.
A person not to vote more than once.
Polling agents of candidates.
No delay in voting.
Procedure for handing ballot paper to voter.
Where a voter spoils ballot paper.
Where two voters appear under same name.
Assistance to illiterate voters and other voters with disability.
Special procedure for voting of persons in institutions and
restricted areas.
Factors which may not prevent a person from voting.
Returning officers to have powers of justice of the peace.
Presiding officer to appoint election constable.
Arms and ammunition prohibited at polling stations.
Loud speakers prohibited at polling stations.
Limitation on campaign period and on display of emblems etc. on
polling day.

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Section.
Interruption and postponement of polling.
Complaints at polling.
PART IX—COIJNTINO OF VOTES AND ANNOUNCEMENT
OF RESULTS.
Votes to be counted at each polling station.
Complaints during the counting of votes.
Votes to be treated as invalid.
Declaration of results forms.
Collection of results.
Safe keeping of election materials and records.
51 Tallying of the results by the returning officer.
Cases of mandatory recount.
Application to Chief Magistrate for a recount.
Recovery of Costs of recount.
Interruption or postponement of counting, tallying or recounting.
Declaration of winning candidate.
Declaration of results and reports by the Commission.
PART X—ELECTION PErnuoNs.
60, Who may present election petition.
Grounds for setting aside election.
Notice of petition to be served on respondent.
Trial of election petitions.
Witnesses in election petitions.
Withdrawal of election petitions.
Appeals.
Petition to abate on death of petitioner.
PART X1—ILLEGAL PRACTICES.
Bribery.
Procuring prohibited persons to vote.
Publication of false statements as to illness, death or withdrawal of
candidate.
Obstruction of voters.
Penalty for illegal practices under sections 68(5) or (6), 69, 70 and 71.

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Section.
PART XII—OTHER ELECTION OFFENCES.
71 False statements concerning character of candidates.
Misconduct at campaign meetings.
Fai'ure by presiding officers to furnish election returns.
Offences relating to voting.
Unauthorised voting or voting more than once.
Making wrong returns of an election.
Personation.
Offence of undue influence.
Prohibition of certain activities on polling day.
81 Defacement of notices and posters.
Obstruction of election officers.
PART XHI—GENERAL.
Tenure of office of members of Parliament.
Right and procedure of recall.
Determination of questions of membership.
Prior consent of the D.P.P to prosecute.
Time within which criminal proceedings must be commenced.
A person not to be required to divulge how he or she voted.
Penalty for interruption.
Service of notices and documents.
When appointed dates fall on weekend or public holiday.
Rules of court.
Saving in respect of vacation of office.
Postponement of vacation of office.
Commission to supervise other elections.
Publication in media.
Ministers power to amend First Schedule.
Modification of Act pursuant to change in political system under
article 74.
Regulations.
Repeal and savings.
SCHEDULES
FIRST SCHEDULE—Currency point.
SECOND SCHEDULE—FORMS

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Act Parliamentary Elections Act 2005

THE RF.PUBLIC OF UGANDA

THE PARLIAMENTARY ELECTIONS ACT, 2005

An Act to make provision for parliamentary elections and related

matters in accordance with article 76 of the Constitution; to
repeal and replace the Parliamentary Elections Act, 2001; to
provide for qualifications and disqualification for election, the
manner of establishing equivalent of advanced level, nomination,
campaigning, polling, counting of votes, tallying and declaration
of election results; to provide for petitions for challenging eledion
results, election offences, parliamentary constituencies and
tenure of office of members of Parliament; to make provision for
parliamentary elections whether under the movement political
system or under the multiparty political system; and to provide
for other matters related to the foregoing.

WHEREAS paragraph 11 (Democratic Principles) of the National

Objectives and Directive Principles of State Policy of the
Constitution, provides inter alia as follows-
"(i) The State shall be based on democratic principles which
empower and encourage the active participation of all
citizens at all levels in their own governance;

(ii) All the people of Uganda shall have access to leadership

positions at all levels subject to the Constitution";

Ar-.'D WHEREAS clauses (3) and (4) of article l of the Constitution

provide as follows-

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"(3) All power and authority of Government and its organs
derive from this Constitution, which in turn derives its authority
from the people who consent to be governed in accordance with
this Constitution.
(4) The people shall express their will and consent on who
shall govern them and how they should be governed, through
regular, free and fair elections of their representatives or through
referenda";
DATE OF ASSENT:

Date of commencement:

Now THEREFORE, BE IT ENACTED by Parliament as follows:

PART I—PRELIMINARY.
1. Interpretation
(1) In this Act, unless the context otherwise requires-

"agent" by reference to a candidate, includes a representative

and polling agent of a candidate;

"authorised mark of choice" means the tick or mark authorised

under section 30 to be applied to a ballot paper against or in
the picture of a candidate of choice of a voter;

"campaign period" means the period determined by the

Commission under section 20 as the period during which
campaigning may take place;

"candidate" means a person nominated as a candidate for

election as an elected member of parliament;

"Commission" means the Electoral Commission established by

article 60 of the Constitution;

"Commission Act" means the Electoral Commission Act;

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"constituency" means subject to section 101, one of the
constituencies into which Uganda is divided under article
63 of the Constitution for the purpose of elections;
"currency point" means the value specified in relation to a
currency point in the First Schedule to this Act;
"district" means an electoral district;
"election" means the election of a member of Parliament;
"election officer" includes a returning officer, assistant returning
officer, registration officer, assistant registration officer and
any other officer appointed by or under the authority of the
commission with responsibility for registration of voters, or
for presiding over voting in any election or for counting
votes at any election;
"election petition" means a petition filed in accordance with
section 60;
"illegal practice" means an act declared to be an illegal practice
under Part Xl of this Act;
"Minister" means the Minister responsible for presidential and
parliamentary elections and referenda;
"money" includes a pecuniary reward;
"nomination day" means a day fixed to be nomination day;
"nomination paper" has the meaning assigned to it in section 11;
"office hours" means the hours on a week-day during which the
relevant office is open to members of the public;
"parish" includes a ward;
"payment" includes a pecuniary or other reward;
"pecuniary reward" includes any office, place of employment,
and valuable security or other equivalent for money and any
valuable consideration;

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"polling agent" means a person appointed by a candidate as a
polling agent;

"polling day" means a day appointed to be polling day under this

Act;
"presiding officer" means a person appointed under the
Commission Act to be a presiding officer for a polling
station;
"public officer" means a person holding or acting in any public
office;

"registered", in relation to a voter, means registered for the

purpose of voting at an election;

"registered voter" means a person whose name is entered on the

voters' register;
"returning officer" means a returning officer appointed under the
Commission Act;

"Speaker" means the Speaker of Parliament;

"voter" means a person qualified to be registered as a voter at an

election who is so registered and at the time of an election
is not disqualified from voting;

"voter's card" means a voter's card issued under section 26 of

the Commission Act to a voter whose name appears in the
voters' register;

"voters' register" means the National Voters' Register compiled

under section 18 of the Commission Act;

"voters' roll" means the voters' roll for any constituency or

parish prepared and maintained under the Commission Act.

(2) The Commission Act shall be construed as one with this Act.

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PART 11—PARLIAMENTARY ELEcTIoNs GENERALLY.

2. Election of members of Parliament

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

3. By-elections
(1) Whenever a member of Parliament-
dies; or
where the seat of a member of Parliament becomes vacant
under article 83 of the Constitution; or
where the seat of a member becomes vacant under section 4,
the Clerk to Parliament shall notify the Commission in writing within
ten days after the vacancy has occurred; and a by-election shall, subject
to section 95, be held within sixty days after the vacancy has occurred.
(2) A by-election shall not be held under this section within six
months before the holding of a general election of members of Parliament.
PART 1II—QUALIF1CAT1ONS, DIsQuALIFIcATI0NS, TENURE OF Ornci
AND RIGHT OF RECALL.

4. Qualifications and disqualifications of members of

Parliament
(1) A person is qualified to be a member of Parliament if that
person-
(a) is a citizen of Uganda;

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is a registered voter; and

has completed a minimum formal education of Advanced

Level standard or its equivalent.

(2) A person is not qualified for election as a member of

Parliament if that person-

is of unsound mind;

is holding or acting in an office the functions of which

involve a responsibility for or in connection with the
conduct of an election;

is a traditional or cultural leader as defined in clause (6) of

article 246 of the Constitution;

has been adjudged or otherwise declared bankrupt under any

law in force in Uganda and has not been discharged; or

is under a sentence of death or a sentence of imprisonment

exceeding nine months imposed by any competent court
without the option of a fine;

has, within the seven years immediately preceding the

election, been convicted by a competent court of a crime
involving dishonesty or moral turpitude; or

has, within the seven years immediately preceding the election,

been convicted by a competent court for contravention of any
law relating to elections conducted by the Commission.

(3) Under the movement political system, a person who is elected to

Parliament while he or she is a member of a local government council or
who holds a public office shall resign the office before assuming the
office of a member of Parliament.

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(4) Under the multiparty political system, a public officer or a
person employed in any government department or agency of the
government or an employee of a local government or any body in which
the government has controlling interest, who wishes to stand for election
as a member of Parliament shall-
in the case of a general election, resign his or her office at least
ninety days before nomination day; and
in the case of a by election, resign his or her office at least
fourteen days before nomination thy.
(5) For the purposes of paragraph (c) of subsection (I), any of the
following persons wishing to stand for election as a member. of
Parliament shall establish his or her qualification with the Commission as
a person holding a minimum qualification of Advanced Level or its
equivalent at least two months before nomination day in the case of a
general election, and two weeks in the case of a by election-

persons, whether their qualification is obtained from Uganda or

outside Uganda, who are claiming to have their qualification
accepted as equivalent to advanced level education;
persons claiming to have advanced level qualifications from
outside Uganda;
persons claiming to have academic degrees which were obtained
outside Uganda.
(6) A person required to establish his or her qualification under
subsection (5) shall do so by the production of a certificate issued to him
or her by the National Council forHigher Education in cons&tation with
the Uganda National Examinations Board.
(7) A person who claims to possess a qualification referred to in
sub-section (5)(c) of this section shall before the issue of the
certificate prove to the satisfaction of the National Council for Higher
Education that admission to that qualification was obtained on the
basis of Advanced Level Standard of Education or its equivalent.

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The certificate shall be in the form in the Second Schedule to
this Act.
A certificate issued by National Council for Higher
Education under subsection (6) shall be sufficient in respect of any
election for which the same qualification is required.
A certificate issued by the National Council for Higher
Education under any other enactment, to the same effect as a
certificate required to be obtained under subsection (6) shall be
sufficient for the purposes of subsection (1)(c).

A person aggrieved by the grant or refusal to grant a

certificate by the National Council for Higher Education under this
section is entitled to appeal to the High Court against the decision and
the High Court may confirm, modify or reverse the decision.

The Chief Justice may, in consultation with the Attorney

General make rules to regulate the procedure for appeals under
subsection (10) and may for that purpose apply, with or without
modifications, rules of court app]icable to civil proceedings in the
High Court.

For the avoidance of doubt, if a candidate has an advanced

level certificate obtained in Uganda or qualifications higher than the
prescribed qualification obtained in Uganda or obtained from the
former University of East Africa or any of its constituent colleges,
then, there shall be no need for the verification of his or her
qualifications by the National Council for Higher Education.

The Commission shall not accept for the purposes of this

section a statutory declaration or affidavit as evidence of an academic
qualification required by this section.

Under the movement political system, a person holding a

public office, or a member of a Local Government Council or a
Commission established under the Constitution, wishing to be a

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candidate shall apply for leave of absence at least sixty days before
the expiry of the terrn of the President; except that in the case of an
election taking place other than by reason of the normal expiry of the
term of the President, the person shall apply for leave at least fourteen
days before the nomination for the election.

(16) Where a person to whom subsection (15) applies wishes to

be a candidate he or she shall, before proceeding on leave, relinquish
any vehicle or office equipment in his or her custody belonging to his
or her employer.

(17) For the purposes of enforcing this section the Commission

shall, by writing require any candidate to state in writing the facilities
ordinarily attached to any office held by that person to which
subsection (15) applies or by virtue of that office; and the candidate
shall comply with the requirement.

(18) Every employer to whom subsection (15) relates shall, upon

receiving an application by an employee, grant to the employee leave of
absence with pay, or where the employee has not earned leave, leave
without pay, to seek nomination as a candidate and to be a candidate for
election, and for such period as may be requested by the employee.
(19) In this section, "public service" and "public officer" have
the meanings assigned to them by article 257 of the Constitution; and
"public officer" shall for the avoidance of doubt, include an employee
of any Commission established by the Constitution.
(20) This section applies with the necessary modifications, to an
employee of a statutory corporation or of a company in which the
Government owns a controlling interest as it applies to a public officer.
(21) Where any person intends to stand for election he or she
shall not accept office as an election officer.

5. Forgery of certificate of academic qualification

(1) A person who-

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forges a certificate purporting it to be issued by the National
Council for Higher Education under section 4 or utters
such a forged certificate; or
forges any academic certificate for the purpose of nomination
for any election under this Act or utters such a forged
certificate,

commits an offence and is liable on conviction to a fine not exceeding

two hundred and forty currency points or imprisonment not exceeding
ten years or both.

(2) A court which convicts a person under this section shall

sentence him or her to a fine not less than seventy two currency points
or imprisonment not less than three years or both.

PART 1V—INFQRMATION TO RETURNING 01iicERs AND SEcREcY.

6. Information to be given to returning officers

(1) Whenever it is considered necessary and, in any case,
immediately after the date of an election is appointed, the
Commission shall transmit to every returning officer-

sufficient copies of this Act, and such instructions prepared

by the Commission, as are required for the proper conduct
of an election by the returning officer and to enable the
returning officer to supply to each election officer a copy
of those instructions as each election officer may require;

copies of the voters' roll for each polling station within the
electoral district;

sufficient blank report books and other election materials;

and

sufficient funds to cover all the expenses to be incurred by

the returning officer in carrying out the electoral process.

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(2) The Commission shall also transmit to each returning officer as
soon as practicable, after nomination days, a sufficient number of ballot
papers for each constituency within the electoral district of the returning
officer in any case not later than three days before the polling day.

7. Secrecy required of election officers and others

(1) Every candidate, election officer, clerk, candidate's agent or
other person in attendance at a polling station during the counting of the
votes shall maintain and aid in maintaining the secrecy of the voting, and
no candidate, officer, clerk, candidate's agent or other person shall-

at the polling station, interfere with, or attempt to interfere

with, a voter when marking the ballot paper, or otherwise
attempt to obtain information with respect to the candidate
for whom any voter is about to vote or has voted;

at the counting of the votes, attempt to ascertain the number

on the counterfoil of any ballot paper;

at any time, communicate any information with respect to the

manner in which any ballot paper has been marked in his
or her presence in the polling station;

at any time or place, directly or indirectly, induce or

endeavour to induce any voter to show his or her ballot
paper after he or she has marked it, so as to make known
to any person the name of the candidate for or against
whom the voter has cast his or her vote;

at a polling station, induce or endeavour to induce any voter to

vote for a person other than the person of his or her choice;

at any time, communicate to any person any information

obtained at a polling station with respect to the candidate
for whom any voter at the polling station is about to vote
or has voted; or

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(g) at the counting of the votes, attempt to obtain any
information or communicate any information obtained at
the counting with respect to the candidate for whom any
vote is given in any particular ballot paper.

(2) A candidate, election officer, candidate's agent or other

person on duty at the polling station shall not, except for a purpose
authorised by law, communicate to any person any information as
to-
the name of the voter who has or has not applied for a ballot
paper or voted at a po]ling station; or

the number on the voters' register of the voter who has or has
not applied for a ballot paper or voted at a polling station.

(3) A person who has undertaken under section 37 to assist a

blind, illiterate or other voter with disability to vote, shall not
communicate at any time to another person information as to the
candidate for whom the assisted voter intends to vote or has voted, or
as to the number, if any, on the ballot paper given for the use of that
voter.

(4) A person shall, before assuming the duties of election officer

take and subscribe the oath in Form EO specified in the Second
Schedule to this Act.

(5) A person who contravenes subsection (1), (2) or (3) commits

an offence and is liable on conviction to a fine not exceeding twenty
four currency points or imprisonment not exceeding one year or both.

(6) An election officer who, without lawful authority reveals to

any person any matter that has come to his or her knowledge or notice
as a result of his or her appointment, commits an offence and is liable
to a fine not exceeding twenty four currency points or imprisonment
not exceeding one year or both.

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PART V—DISTRICT, CITY WOMEN REPRESENTATIVES AND SPECIAL
INTEREST GROUPS.
8. District or city women representatives and special interest
groups
(1) As required by article 78(1)(b) of the Constitution, there shall
be one woman representative in Parliament for every district or city.

(2) There shall be the following representatives of special

interest groups in Parliament for the purposes of article 78(1)(c) of the
Constitution-

for the Uganda Peoples Defence Forces there shall be ten

representatives at least two of whom shall be women;
for workers there shall be five representatives at least one of
whom shall be a woman;
for the youth there shall be five representatives at least one of
whom shall be a woman; and
for persons with disabilities, there shall be five
representatives, at least one of whom shall be a woman.

(3) In accordance with article 78(2) of the Constitution,

Parliament shall review the representation under article 78(1)(b) and
(c) of the Constitution and may by resolution supported by not less
than two thirds of all members of Parliament, retain, increase or
abolish any such representation.

(4) The following provisions shall apply to district women

representatives and special interest groups referred to in subsection
(2)-
(a) in the case of the election of district women representatives-

the election shall be by secret ballot;

the election shall be by universal adult suffrage;

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subject to the provisions of this Act, the election of
district women representatives may be held on a
different day from the day on which the general
election of members of Parliament elected directly
to represent constituencies under article 78(1)(a) of
the Constitution is held;
separate ballot boxes shall be used in respect of the
election of district women representatives from those
used for the election of members of Parliament
directly elected to represent constituencies;
the provisions of this Act shall apply with the
necessary modifications to the election of district
women representatives as they apply to members
directly elected to represent constituencies;
the representatives of the Uganda People's Defence Forces
shall be elected in a manner prescribed by regulations
made by the Minister under section 100;
the representatives of the youth shall be elected in a manner
prescribed by regulations made by the Minister under
section 100 by the district youth councils within the region
of representation constituted into an electoral college in
accordance with such regulations and the woman youth
representative shall be elected by a national youth
conference in accordance with the regulations;
the representatives of the workers shall be elected in a
manner prescribed by regulations made by the Minister
under section 100;
the representatives of persons with disabilities shall be
elected by an electoral college of representatives of such
persons from each district in a manner prescribed by
regulations made by the Minister under section 100.
(5) Where a new district is created the following provisions shall
apply to the election of district women representatives-

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the district woman representative for the original district affected
shall continue to ipresent the district of her choice;
election shall be held to elect a district woman representative
for the district not represented under paragraph (a).
the election shall be held within sixty days after creation of
the new district.
PART VI-N0MINATI0N OF CANDIDATES FOR ELECTION AS
MEMBERS OF PARLIATIENT
9. Appointment of nomination days
(I) The Commission shall issue a notice in the Gazette
appointing two days during which the nomination of candidates are to
take place indicating-
the place and times fixed for the nomination of candidates;
and
the hours on each nomination day, during which nominations
are to take place.

Every place fixed under paragraph (a) of subsection (1) for

the nomination of candidates shall be a public place such as a court
house, city or town halt, community centre or other public or private
building in a central place in the electoral district or the place that is
most convenient for the majority of voters in the electoral district.
The hours to be indicated in accordance with paragraph (b)
of subsection (1) shall be from nine o'clock in the morning to five
o'clock in the evening on each nomination day.

10. Sponsorship of candidates by political organisations or

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

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11. Procedure for the nomination of candidates
(1) Nomination of a candidate shall be made on nomination day
by two registered voters appearing in person tendering to the
returning officer the following-

(a) a nomination paper in duplicate in the prescribed form

containing a statement under oath by the person seeking
nomination specifying-

(I) the name, age, address and occupation of the person

seeking nomination;

the address designated by the person seeking

nomination for service of process and papers under
this Act;

the name and address of a person appointed official

agent by the person seeking nomination;

(b) a statement signed by the person named under paragraph

(a)(iii), stating that he or she has accepted the appointment
as agent for the candidate;

(c) the names and sign acures of a minimum of ten persons who
are registered voters in the constituency where the person
seeks nomination as a candidate supporting the
nomination and each of the persons so signing shall state
in the nomination paper his or her village, occupation and
personal voter registration number; and

(d) a statement under oath stating that-

the person seeking nomination is a citizen of Uganda;

the person is eighteen years of age or above; and

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(iii) the person named in the nomination paper as seeking
nomination consents to the nomination and is not
disqualified to stand as a candidate by this Act or
any other Jaw in force in Uganda.

(2) Where under the multi party political system, a person is

sponsored by a political organisation or political party, the
nomination paper shall indicate that he or she is so sponsored stating
the name and address of the political organ isation or political party.

(3) The nomination paper shall be accompanied by a nomination

fee of ten currency points in legal tender or a bank draft for that
amount made payable to the Uganda Administration.

(4) The nomination paper of every candidate shall be

accompanied by two postcard sized copies of the candidate's own
recent straight face, colour photograph.

(5) For the purpose of subsection (1)(a)(i)-

the name of the candidate shall be recorded in the nomination
paper with the surname first and shall not include any title,
degree or other prefix or suffix; and
the occupation of the candidate shall be stated briefly.

(6) A duplicate copy of the nomination paper certified by the

returning officer shall be given to the candidate.

(7) A person who uses a convoy of vehicles for the purpose of

his or her nomination shall have not more than two vehicles in the
convoy and each vehicle shall bear police stickers and shall not carry
more than ten persons.

(8) A person who contravenes subsection (7) commits an offence

and is liable on conviction to a fine not exceeding twenty four
currency points or imprisonment not exceeding one year or both.

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12. Factors which do not invalidate nomination paper
(1) A nomination paper shall be signed by persons who are
qualified voters in the constituency and if any person, who is not a
qualified voter signs the nomination paper, the nomination paper shall
be invalid.

(2) A returning officer shall refuse to accept any nomination

paper if-
an allegation of ineligibility of the candidate is made and the
grounds for the allegation appear on the nomination paper;
there appears a major variation between the name of any
person as it appears on the nomination paper and the
voters roll;
there is any imperfection in the nomination paper leading to
a substantial diversity from the requirements of this Act.

(3) A nomination paper which a returning officer has refused to

accept for filing may be replaced by another nomination paper or may
be corrected; except that a new or corrected nomination paper shall be
filed with the returning officer not later than the time for the closure
of nomination specified in section 9.
(4) The returning officer shall, immediately after the expiry of
the nomination time, announce the name of every candidate who has
been duly nominated.

13. Factors which may invalidate a nomination

A person shall not be regarded as duly nominated for a constituency
and the nomination paper of any person shall be regarded as void if-

the person's nomination paper was not signed and countersigned

in acconkince with subsection (1) of section 11;
the nomination fee referred to in subsection (3) of section 11
was not lodged with his or her nomination paper;

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the person seeking nomination was not qualified for election
under section 4;
the person seeking nomination has been duly nominated for
election for another constituency for which the poll has
not taken place; or
the person has not complied with the provisions of section 4

14. Where no candidate or where one candidate is nominated

(1) Where, at the close of the nomination days-

no person has been duly nominated for election for a

constituency, the returning officer shall report the fact to
the Commission and the Commission shall fix a new
polling day under section 18 and the Chairperson of the
Commission shall appoint fresh nomination days in
respect of the constituency in question;

only one person has been duly nominated for election for a
constituency, the returning officer shall forthwith declare
that person duly elected as a member of Parliament with
effect from the polling day fixed in accordance with this Act.
(2) Where a returning officer makes a declaration under
subsection (1)(b), the returning officer shall notify the Commission
which shall cause to be published in the Gazette a notice of the name
of the candidate declared so elected and the day with effect from
which he or she was declared elected.
(3) If, by virtue of an appeal under section 16 or as otherwise
permitted under this Act, an additional candidate is later duly
nominated, the Commission shal] revoke the Gazette notice and the
returning officer shall revoke his or her declaration.

15. Inspection of nomination papers and lodging of complaints

Any voter registered on the voters roll of a constituency may-

24
Act Parliamentary Elections Act 2005
(a) during office hours on the nomination day at the office of the
returning officer, inspect any nomination paper filed with
the returning officer in respect of the constituency;
(b) after the closure of the nomination time and during such
period as may be prescribed, inspect any nomination paper
in respect of the constituency at such time and subject to
such conditions as may be prescribed; and
lodge any complaint with the returning officer or the Commission in
relation to any nomination in respect of the constituency challenging
the qualifications of any person nominated.

16. Right to complain to the Commission upon rejection of

nomination paper
Where a nomination paper of a person has been rejected or has been
regarded as void by virtue of section 13-
(a) the returning officer shall forthwith notify the person of the
decision giving reasons for the decision; and

(b) the person shall have the right to complain against the
decision to the Commission within seven days from the
date of rejection and the Commission may confirm or
reverse the decision of the returning officer within seven
days from the receipt of the complaint.
17. Allocation of symbols and colours
(1) Where an election is contested, the Commission shall as soon
as practicable after the nomination days-
(a) allocate to each candidate the symbol of his or her political
organisation or political party in the case of a candidate
sponsored by a registered political organisation or
political party;
(b) allocate to a candidate who is not sponsored by a political
organisation or political party, a symbol or colour chosen
by him or her; or

25
Act Parliamentary Elections Act 2005
in any other case allocate such symbot or colour as it
considers appropriate.

A symbol or colour under subsection (1)(b) and (c) shall be

chosen or assigned for the purpose of this section from among symbols
and colours approved by the Commission for the purposes of the election.

A person shall not be allocated a symbol or colour which has

a tribal or religious affiliation or any other sectarian connotation.

18. Commission to appoint polling day and tallying places

(1) The Commission shall, as soon as practicable after
nomination days, by notice in the Gazette, appoint-
a day to be known as polling day, and

the time and the place where each returning officer will tally
the number of votes given to each candidate at each
polling station.

(2) Polling day appointed under subsection (1) shall be not later
than forty five thys after nomination days.

(3) At least seven days before polling day, each returning officer
shall-
fix at his or her office within the district and in each
constituency, a list of the names of all the presiding
officers and polling assistants appointed under the
Commission Act for each polling station in the electoral
district, with the names and numbers of their respective
polling stations to enable persons to raise any objections
they feel necessary; and
permit free access to and afford full opportunity for the
inspection of the list by the candidates or their agents and
any other interested persons during normal working hours.

26
Act Parliamentary Elections Act 2005
(4) The time to be indicated under subsection (1)(b) as the time
when the returning officer will tally the votes given to the several
candidates shall, at a general election, be not later than forty eight
hours immediately following polling day.

19. Withdrawal of candidates

(1) Subject to subsections (2) and (3), a duly nominated candidate
for election for a constituency may withdraw his or her nomination at
any time before polling day or the first polling day, as the case may be,
in the e]ection for which the person is standing as a candidate.

(2) A withdrawal of a candidate under subsection (1) shall be

effected by means of a written notification to the returning officer and
shall be signed by the candidate personally and the candidate's
signature shall be witnessed by the signatures of two registered voters
of the constituency concerned.

(3) Any vote cast on po]ling day for a candidate who has
withdrawn his or her nomination shall be invalid.

(4) Where a candidate withdraws after nomination day and after

the ballots are printed, the returning officer shall-
in writing, inform every presiding officer in the constituency
where the candidate has withdrawn, of the fact of the
withdrawal; and
if time permits, print a notice of the withdrawal and distribute
it to each presiding officer.
(5) Where a candidate withdraws under this section, the
presiding officer shall, on polling day-
post a notice of the withdrawal in a conspicuous place in the
polling station; and
when delivering a ballot paper to each voter, verbally inform
the voter of the withdrawal.

27
Act Parlianzentarv Elections Act 2005
PART Vu-CAMPAIGNING.

20. Campaign programmes

Subject to the provisions of the Constitution and this Act, the
Commission may determine the manner and the period during which
campaigns shall take place and shall publish that information in the
Gazette and forward a copy to each returning officer.

Each candidate shall give his or her campaign programme to the

returning officer and the returning officer shall ensure that campaign
meetings by different candidates do not coincide in one parish.

At campaign meetings the candidate may use the local

language of the area.

Campaign meetings shall not commence until the expiry of

nomination days.

A campaign meeting shall not be held within twenty-four

hours before polling day.

The Commission shall ensure that adequate security is

provided for candidates at campaign meetings.

Subject to the provisions of this section, every candidate for

election to Parliament has a right to conduct his or her campaign
freely and in accordance with the law.

21. Protection and immunity of candidates

During the campaign period, every public officer and public
authority and institution shall, as far as possible, give equal treatment
to all candidates.

Subject to any other law, every candidate shall enjoy

complete and unhindered freedom of expression and access to
information in the exercise of the right to campaign under this Act.

28
Act Part ia,nentaiy Elections Act 2005
(3) A person shall not, while campaigning, use any langu age-

which constitutes incitement to public disorder, insurrection

or violence or which threatens war; or

which is defamatory or insulting or which constitutes

incitement to hatred.

(4) A person who contravenes subsection (3) commits an offence

and is liable, upon conviction-

in case of an offence under subsection (3)(a), to a fine not

exceeding one hundred and twenty currency points or
imprisonment not exceeding five years or both; and

in the case of an offence under subsection (3)(b), to a fine not

exceeding twenty four currency points or imprisonment
not exceeding one year or both.

(5) The Commission may issue guidelines to be complied with

by every candidate while conducting his or her campaign for the
election under this Act.

22. Rights of candidates

A candidate in an election shall not be denied reasonable
access to and use of, State-owned communication media.

Subject to any other law, during the campaign period any

candidate, may, either alone or in common with others, publish
campaign materials in the form of books, booklets, pamphlets,
leaflets, magazines, newspapers or posters intended to solicit votes
from voters but shall, in any such publication specify particulars to
identify the candidate or candidates concerned.

A person shall not, during the campaign period print, publish

or distribute, a newspaper, circular or pamphlet containing an article,
report, letter or other matter commenting on any issue relating to the

29
Act Parliamentary Elections Act 2005
election unless the author's name and address, are set out at the end
of the article, report, letter or other matter or, where part only of the
article, report, letter or matter appears in any issue of a newspaper,
circular, pamphlet, at the end of that part.

(4) Except as otherwise provided in this section, a candidate may

use private electronic media for his or her campaign.

(5) A candidate shall not use private electronic media to

decampaign any other candidate.

(6) In particular, the following acts are prohibited under

subsection (5)-

(a) making statements which are false-

knowing them to be false, or

in respect of which the maker is reckless whether they

are true or false;

(b) making malicious statements;

(c) making statements containing sectarian words or innuendoes;

(d) making abusive, insulting or derogatory statements;

(e) making exaggerations or using caricatures of the candidate or

using words of ridicule;

(f) using derisive or mudslinging words against a candidate; or

(g) using songs, poems and images with any of the effects
described in the foregoing paragraphs;

(7) A person other than a candidate shall not do any of the acts
prohibited in subsections (5) and (6).

30
Act Par! iamentarv Elections Act 2005
(8) The proprietor or operator of a private electronic media shall
not use the media or allow it to be used to do any of the acts
prohibited in subsections (5) and (6).
(9) A person who contravenes any of the provisions of
subsections (3), (5), (6), (7) and (8) commits an offence and is liable
on conviction-
in the case of an offence under subsection (3), to a fine not
exceeding twenty four currency points or imprisonment
not exceeding one year or both; and
in any other case, to a fine not exceeding one hundred and
twenty currency points or imprisonment not exceeding
five years or both.
(10) In this section "electronic media" includes television, radio,
Internet and email.

23. Non - sectarian campaign

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

31
Act Part iamentarv Elections Act 2005
24. Interference with electioneering activities of other persons
A person who, before or during an election, for the purpose of effecting or
preventing the election of a candidate either directly or indirectly-

by words, whether spoken or written, song, sign or any other

representation or in any manner seeks to excite or promote
disharmony, enmity or hatred against another person on
grounds of sex, race, colour, ethnic origin, tribe, birth,
creed or religion;

organises a group of persons with the intention of training the

group in the use of force, violence, abusive, insulting,
corrupt or vituperative songs or language calculated to
malign, disparage, condemn, insult or abuse another
person or candidate or with a view to causing disharmony
or a breach of the peace or to disturb public tranquillity so
as to gain unfair advantage in the election over that other
person or candidate;

obstructs or interferes or attempts to obstruct or interfere with

the free exercise of the franchise of a voter or compels or
attempts to compel a voter to vote or to refrain from
voting;

compels, or attempts to compel a candidate to withdraw his

or her candidature;

in any manner threatens any candidate or voter with injury or

harm of any kind; or

(1) induces or attempts to induce any candidate or voter to fear

or believe that he or she will suffer illness or will become
an object of divine, spiritual or fetish displeasure or
censure;

32
Act Parliamentary Elections Act 2005
commits an offence and is liable on conviction to a fine not exceeding
seventy two currency points or imprisonment not exceeding three
years or both.

25. Use of Government resources

Except as authorised under this Act or otherwise authorised
by law, no candidate shall use Government or public resources for the
purpose of campaigning for election.

Where a candidate is a Minister or holds any other political

office, he or she shall, during the campaign period, restrict the use of
the official facilities ordinarily attached to his or her office to the
execution of his or her official duties.

For the purposes of enforcing this section the Commission

shall, by writing require any candidate to state in writing the facilities
ordinarily attached to any office held by that person to which subsection
(2) applies and the candidate shall comply with the requirement.

This section applies with the necessary modifications to an

employee of a statutory corporation or company in which the
government owns a controlling interest and a member of a
commission or committee established by the Constitution as it applies
to a public officer.

A person who contravenes any provision of this secbon commits

an offence and is liable on conviction to a fine not exceeding twenty four
currency points or imprisonment not exceeding one year or both.

26. Where one of only two candidates dies

(1) In a constituency, where only two candidates stand validly
nominated after the close of nominations, and before the closing of
the polls one of them dies or ceases to be a candidate by reason of his
or her ceasing to be qualified for election, the Commission shall
postpone the polling in the constituency and fix fresh nomination
days for the nomination of candidates.

33
Act Parliamentary Elections Act 2005
Where fresh nomination days are fixed under subsection (1),
any candidate previously validly nominated shall not be required to
be re-nominated and only candidates who did not go through the
nomination process during the first nomination days shall tender their
nomination papers to the returning officer.

An election arising out of a postponement effected under

subsection (1) shall, as far as possible, be conducted in accordance
with this Act.

PART VI1I—V0TING AND VOTING PROCEDURE.

27. Distribution of election materials

Within forty-eight hours before polling day, every returning officer
shall furnish each presiding officer in the district with-

a sufficient number of ballot papers to cover the number of

voters likely to vote at the polling station for which the
presiding officer is responsible;

a statement showing the number of ballot papers supplied

under paragraph (a) with the serial numbers indicated in
the statement; and

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

28. Publication of list of polling stations and candidates

(1) The Commission shall, by notice in the Gazette publish-

a list of the polling stations in each constituency; and

a list of the names of the candidates nominated for each

constituency in alphabetical order with surnames first.

34
Act Parliatnentar). Elections Act 2005
(2) The Commission shall also forward each list referred to in
subsection (I) to all returning officers; and the returning officers shall
ensure that the lists relevant to each constituency are published
widely in that constituency.

29. Polling stations and voting time

(l)Every polling station shall, as far as possible, be locatedin an
open ground, or where there is no open ground, in large premises of
convenient access, having an outside door for the admittance of
voters, and, if possible, another door through which voters may leave
after voting and the polling station shall, as far as possible be such as
to facilitate access by persons with disabilities and the aged.

At every polling station, polling time shall commence at

seven o'clock in the morning and close at five o'clock in the
afternoon.

In the process of voting a voter shall not be allowed to carry

a bag or anything that can be used for concealment.

Any person registered as a voter and whose name appears in

the voters' roll of a polling station and who holds a valid voters' card
shall be entitled to vote at the polling station.

If at the official hour of closing the poll in subsection (2) there

are any voters in the polling station, or in the line of voters under
subsection (3) of section 30 who are qualified to vote and have not been
able to do so, the polling station shall be kept open to enable them to
vote; but no person who is not actually present at the polling station or
in the line of voters at the official hour of closing shall be allowed to
vote, even if the polling station is still open when he or she arrives.

30. Polling and polling procedure

(1) Voting at every election shall be by secret ballot using one
ballot box at each polling station for all candidates in accordance with
this Act.

35
Act Parfiamentarv Elections Act 2005
A presiding officer shall not inquire about or attempt to see,
for whom a voter intends to vote; and any person who contravenes
this subsection commits an offence and is liable to a fine not
exceeding twenty four currency points or imprisonment not
exceeding one year or both.

On polling day, all voters intending to vote shall form one

line commencing backward from a point each at least twenty metres
away from the table at which each voter is to place the authorised
mark of choice on the ballot paper.

Voters who have cast their votes and all other persons in the
vicinity of the polling station other than election officers, candidates,
candidates' agents and observers shall stand or sit at least twenty
metres away from the table mentioned in subsection (3).

At every polling station there shall be positioned-

a table where every voter shall report for identification in the

voters' roll and collection of a ballot paper;

a second table positioned at least fifteen metres from the first

with an ink pad, two pens, each pen being attached to the
table with a string measuring about one metre in length,
where every voter shall-

fix a tick with a pen or mark with a thumb print in the

space provided in the box against the picture or in
the picture of the candidate of his or her choice;
and

fold the ballot paper, lengthwise to enable it to be

deposited in the slot of the ballot box;

36
Act Parliamentary Elections Act 2005
a third table located at least ten metres away from the second
and on top of which shall rest a ballot box into which
every voter shall deposit the folded ballot paper in the full
view of all present; and
a fourth table located at least ten metres from the ballot box
where every voter, after depositing the ballot paper into
the ballot box, shall proceed and have the thumb on the
voters' right hand, dipped into indelible ink to indicate
that the voter has cast the ballot.
(6) Where voting takes place for two or more elections in the
same premises at the same time the application of the indelible ink
under subsection (5)(d) shall be done after the voter votes in the tast
or only election in which he or she chooses to vote.
(7) Where for the purposes of subsection (5) (d)-

the voter has no thumb on the right hand, the process

specified in that paragraph shall be applied to the finger
nearest to the position of the thumb on the voters' right
hand;
the voter has no right hand the process shall be applied to the
left hand;
a voter has no fingers on the left or right hand, the voter may
dip the tip of any hand into the indelible ink; or
the voter has no hands, the process shall be applied to any
other conspicuous part of the voter's body as a polling
assistant may determine.

(8) The presiding officer at each polling station shall, at the

commencement of the poll and in the ful] view of all present,
demonstrate to the satisfaction of all present, that the first ballot box
is devoid of any contents and after that, place the ballot box on the
table under paragraph (c) of subsection (5).

37
Act Parliamentary Elections Act 2005
Where more than one ballot box is used after the first is
filled, the procedure prescribed in subsection (8) shall be followed
prior to the placing on the table, of any additional ballot box.
For the purposes of subsection (5). "table" includes a desk,
a box, a chair, a stool and any other object with a hard and smooth
surface that can be used as a table.
31. A person not to vote more than once
A person shall not vote or attempt to vote more than once at
any election irrespective of the number of offices held by the person
relevant to the election.
For the purposes of ensuring that no voter casts a vote more
than once, a presiding officer or a polling assistant shall, before
issuing a ballot paper, inspect the fingers of any voter in order to
ascertain whether or not the voter has been marked with indelible ink
in accordance with section 30.
The presiding officer or polling assistant, as the case may be,
shall refuse to issue a ballot paper to the voter referred to in
subsection (2) if the presiding officer or polling assistant has
reasonable grounds to believe that the voter has already voted or if the
voter refuses to be inspected under that subsection.
A person who refuses to be inspected under subsection (2)
and votes or attempt to vote commits an offence and is liable on
conviction to a fine not exceeding twelve currency points or
imprisonment not exceeding six months or both.

32. Polling agents of candidates

A candidate may be present in person or through his or her
representative or polling agent at each polling station for the purposes
of safeguarding the interests of the candidate with regard to the
polling process.
Not more than two representatives or polling agents shall be
appointed by a candidate under subsection (1) and the appointment shall
be in writing addressed to the presiding officer of the polling station.

38
Act Parliamentary Elections Act 2005
A representative or polling agent appointed under subsection (2)
shall report to the presiding officer of the polling station on polling day.

A representative or polling agent appointed under this section

shall be paid an allowance determined by the Commission.

33. No delay in voting

Every voter shall vote in accordance with section 30 without
undue delay and may leave the polling station as soon as his or her
ballot paper has been put into the ballot box under that section.

The presiding officer may allow expectant mothers, old or

sickly voters or voters with disabilities and persons required for
essential duties to vote without waiting in the line of voters.

34. Procedure for handing ballot paper to voter

A voter wishing to obtain a ballot paper, for the purpose of voting,
shall produce his or her voters' card to the presiding officer or polling
assistant at the table under paragraph (a) of subsection (5) of section 30.

If the presiding officer or polling assistant is satisfied that the

voter's name and number indicated in the voter's card correspond to
the voter's name and number in the voter's register for the polling
station, he or she shall issue a ballot paper to the voter.

Where a person does not have a voter's card but is able to

prove to the presiding officer or polling assistant that his or her name
or photograph or both is or are on the voter's register, the presiding
officer or polling assistant shall issue him or her with a ballot paper.

The presiding officer or polling assistant shall place a tick

against the voter's name in the voters' roll for the polling station.

Subject to section 39, a person shall not be permitted to vote

at a polling station unless the person's name appears in the voter's roll
for that polling station.

39
Act Parliamentary Elecions Act 2005
(6) A person who contravenes subsection (5) commits an offence
and is liable on conviction to a fine not exceeding twenty four
currency points or imprisonment not exceeding one year or both.

35. Where a voter spoils ballot paper

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

36. Where two voters appear under same name

(1) Where a person represents himself or herself to be a
particular voter and applies for a ballot paper after another person has
voted in the name or number of that person, the second person shall
only be entitled to receive a ballot paper and to vote after making
before the presiding officer the declaration of identity, in Form ID in
the Second Schedule to this Act and otherwise establishing his or her
identity to the satisfaction of the presiding officer.

(2) in any case referred to in subsection (I), the presiding officer

shall enter in the copy of the voters' register or the voters' roll,
opposite the name of the voter-
a note of the voter having voted on a second ballot paper
issued under the same name;
the fact of the declaration of identity having been made; and

any objections made on behalf of any of the candidates.

(3) A person who makes any statement which is false in a

declaration under this section-

40
Act Parliamentary Elections Act 2005
knowing the statement to be fa]se or

in respect of which he or she is reckless whether it is true or

false,
commits an offence and is liable on conviction to a fine not exceeding
twenty four currency points or imprisonment not exceeding one year
or both.

37. Assistance to illiterate voters and others with disability

Where a voter is by reason of blindness, illiteracy, old age or
any other disability unable to fix the authonsed mark of choice on the
ballot paper, that voter may report at the pol]ing station accompanied
by a person of his or her choice to assist the voter to fix the authorised
mark of choice on the ballot paper if necessary, on the voter's behalf
or the voter may, subject to subsection (4), request another person
present at the polling station to assist that voter for the purpose.
It shall be ]awful for any member of a voter's family to assist
a voter under subsection (1) notwithstanding the fact that the former
is below the age of eighteen years.
A presiding officer shall refuse to allow a person to assist a
voter to vote unless that officer is satisfied that it is permitted under
subsection (1).
An election officer, a candidate's agent or an observer at any
polling station, is not permitted to assist any voter with disability
under subsection (1).
A person is not authorised to assist any voter to mark the
ballot paper under subsection (1) unless the voter has voluntarily
requested that assistance.
A person who-
(a) pretends to have a disability for the purposes of subsection
(1) when he or she does not or

41
Act Parliamentary Elections Act 2005
(b) contravenes subsection (5);
commits an offence and is liable on conviction to a fine not exceeding
twenty four currency points or imprisonment not exceeding one year
or both.
38. Special procedure for voting of persons in institutions and
restricted areas
(I) The Commission may make special provision for the taking
of the votes of patients in hospitals, or persons admitted in sanatoria
or homes for the aged and similar institutions and also for persons in
restricted areas such as soldiers and other security personnel, but the
Commission shall publish in the Gazette a list of the restricted areas
under this section.
(2) An area provided for voting for members of the Uganda
Peoples' Defence Forces shall be outside any barracks.
39. Factors which may not prevent a person from voting
(1) The claim of a person to vote at any election shall not be
rejected by reason only-
that one of the person's names has been omitted from the
voters' register or from the voters' roll; or
of the entry in the voters' register or in the voters' roll of a
wrong village or of a wrongly spelt name, if, in the opinion
of the presiding officer, the person is sufficiently identified.
(2) The claim of a female voter to vote at any polling station
shall not be rejected by reason only that she has changed her surname
by reason of marriage and that the change has not been reflected in
the voters' register or the voters' roll for the polling station.
40. Returning officers to have powers of justice of the peace
(1) During an election and throughout the campaign and polling
period, every returning officer and presiding officer or any other
authorised agent of the Commission is a keeper of the peace and has
all the powers of a justice of the peace, and he or she may-

42
Act Parliamentary Elections Act 2005
(a) require the assistance of a member of the Uganda Police
Force or other persons present to aid him or her in
maintaining peace and good order at the polling station; or

(b) warn or arrest or cause, by verbal order, to be arrested, and place

or cause to be placed in the custody of any police officer or
other person authorised by law, any person disturbing the
peace and good order at the polling station; or

(c) cause any arrested person to be imprisoned under an order

signed by him or her until not later than an hour after the
closure of the poll.

(2) A returning officer or presiding officer shall where he or she

causes the arrest of any person under subsection (1) report the arrest
giving details and reasons for the arrest in the forrn specified in the
Second Schedule to this Act.

41. Presiding officers to appoint election constable

(1) A presiding officer, except a presiding officer for a polling
station located in an urban area, may, in the absence of a police officer
appoint another person present as an election constable to maintain
order in the polling station throughout polling day where the
presiding officer deems the services of an election constable to be
absolutely necessary.

(2) A presiding officer may only appoint a person other than a

police officer to be an election constable under subsection (1) when
there is actual or threatened disorder or, when it is likely that a large
number of voters will seek to vote at the same time.

(3) There shall be appointed at every polling centre established

under subsection (2) of section 33 of the Commission Act, one person
in order to ensure the orderly and prompt entrance of the voters into
their proper polling station within the centre.

43
Act Parliamentary Elections Act 2005
When an election constable has been appointed by a
presiding officer, the constable shall take and subscribe the oath in
Form OC in the Second Schedule to this Act before commencing to
discharge his or her responsibilities as election constable.

A presiding officer who has appointed an election constable

at a polling station shall state publicly his or her reasons for making
the appointment in the space provided for that purpose in the polling
report book.

A presiding officer of a polling station located in an urban

area may, where required for the purposes of subsection (2), appoint
a police officer to maintain order in the polling station.

In this section "urban area" means a town, municipality or

the City of Kampala.

42. Arms and ammunition prohibited at polling stations

A person shall not arm himself or herself during any part of
polling day, with any arms or ammunition or approach withii one
kilometre of a polling station, with arms and ammunition unless
called upon to do so by lawful authority or where he or she is
ordinarily entitled by virtue of his or her office to carry arms.

A person who contravenes subsection (1), commitS an

offence and is liable on conviction to a fine not exceeding twenty four
currency points or imprisonment not exceeding one year or both.

43. Loud speakers prohibited at polling stations

A person shall not, on any polling day, for the purpose of
promoting or opposing any candidate, use any loudspeaker or similar
communication device within hearing distance of any polling Station.

Any person who contravenes subsection (1), commits an

offence and is liable on conviction to a fine not exceeding twenty four
currency points or imprisonment not exceeding one year or both.

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44. Limitation on campaign period and on display of emblems
etc. on polling day
(1) The campaign period prescribed by the Commission under
subsection (1) of section 20 shall not extend beyond midnight of the
day before polling day.
(2) A person shall not-
post or display on or in a polling station or in a hail, window or
door of a building used as a polling station, any campaign
literature, emblem, ensign, badge, label, ribbon, flag, banner,
card, bill, poster or device, that could be taken as an indication
of support for or opposition, to a candidate or
while in a polling station, display on his or her person any
emblem, ensign, badge, label, ribbon, flag, banner, card or
device as a badge intended or likely to be taken as intended
to distinguish the wearer as a supporter of any candithte.

(3) Nothing in subsection (1) prohibits a meeting of a candidate

with his or her agents and facilitators for the election.
(4) Notwithstanding subsection (2), an agent of a candidate, may
in a polling station, display on his or her person, in such form as the
Commission may authorise, a label identifying his or her function and
the name of the candidate he or she represents.

(5) A person who contravenes this section commits an offence

and is liable on conviction to a fine not exceeding twenty four
currency points or impnsonment not exceeding one year or both.

45. Interruption and postponement of polling

(1) Where polling at a polling station is interrupted by a riot or
violence or any other event while there remains, in the voters'
register, voters who have not completed the polling process, the
presiding officer shall adjourn the polling to the next day or to any
other time of the same day and shall immediately inform the returning
officer of the fact.

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Act Part iamentary Elections Act 2005
(2) Where the polling is adjourned to the following day under
subsection (1), the time, procedure and manner of the subsequent
polling shall be as on the original polling day.

46. Complaints at polling

The candidates' agents and any voter present at a polling station
may raise and present in writing complaints relating to the voting at the
polling station and shall have the right to obtain information from the
presiding officer concerning the counting process.

A presiding officer shall not refuse to receive a complaint

presented to him or her under subsection (1) and he or she shall initial
every such presentation and annex it as part of the official record of
the polling station.

Subject to subsection (4), any presentation received by the

presiding officer under this section shall be deliberated upon and
resolved by the presiding officer and the polling assistants.

Where necessary in the opinion of the presiding officer to

enable the voting process to proceed, the deliberation or resolution of
a presentation under subsection (3) may be postponed until the
completion of the voting process.

PART IX-COUNTING OF VOTES AND ANNOUNCEMENT OF RESULTS.

47. Votes to be counted at each polling station

Votes cast at a polling station shall be counted at the polling
station immediately after the presiding officer declares the polling
closed and the votes cast in favour of each candidate shall be recorded
separately in accordance with this Part of this Act.

Subject to section 57, no votes shall stay uncounted

overnight and, where required, the presiding officer shall provide
light for the purposes of counting votes.

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Act Parliamentary Elections Act 2005
(3) A candidate may be present in person or through his or her
representative or polling agent at each polling station, and at the place
where the returning officer tallies the number of votes for each
candidate or conducts a recount under section 54 for the purposes of
safeguarding the interests of the candidate with regard to all stages of
the counting, tallying or recounting processes.

(4) At the commencement of the counting, the presiding officer

shall, in the presence and full view of all present, open the ballot box
and empty its contents onto the polling table, and with the assistance
of polling assistants proceed to count the votes separating the votes
polled by each candidate.

(5) The presiding officer and the candidates or their agents, if

any, shall sign and retain a copy of a declaration stating-

the polling station;

the number of votes cast in favour of each candidate;

and the presiding officer shall there and then announce the results of
the voting at that polling station before communicating them to the
returning officer.

(6) Votes cast for each candidate shall be recorded in both

figures and words and the countersigned by polling agents before the
declaration of the results.
(7) The following shall apply in respect of the signing of the
declaration and the announcement of the results of voting under
subsection (5)-
the candidates or their agents shall sign the declaration form
before the announcement of the results under subsection (5);
where any of the candidates or their agents refuse or fail to
sign the declaration form-

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Act Parliamentary Elections Act 2005
the candidates and their agents refusing or failing to
sign shall record on the declaration form the reasons
for the refusal or failing to sign; and
where they refuse or fail to record the reasons, the
presiding officer shall record the fact of their refusal
or failure;
where any candidate or agent is absent, the presiding officer
shall record the fact of that absence;
the refusal or failure of a candidate or agent to sign any
declaration form under subsection (5) or to record the
reasons for that refusal to sign as required under this
subsection shall not by itself invalidate the results
announced under subsection (5);
the absence of a candidate or an agent from the signing of a
declaration form or the announcement of results under
subsection (5) shall not by itself invalidate the results
announced.

48. Complaints during the counting of votes

(1) A candidate or a candidate's agent or any voter present may
raise any objection during the counting of the votes, and each
presiding officer shall-
keep a record, in the report book, of every objection made by
any candidate or a candidate's agent or any voter present,
to any ballot paper found in the ballot box; and
decide every question arising out of the objection.

(2) Every objection recorded under subsection (1) shall be

numbered and a corresponding number placed on the back of the
ballot paper to which it relates and the ballot paper shall be initialled
by the presiding officer and it shall be witnessed by the polling
assistants and candidates' agents.

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Act Parliamentary Elections Act 2005
(3) The decision of a presiding officer in respect of an objection
raised under subsection (1) is final, subject to reversal only on recount
or on a petition questioning the election return.

49. Votes to be treated as invalid

(1) A vote cast is invalid if-
the ballot paper is torn into two or more parts; or

where the voting is by placing a mark of choice on the ballot

the voter marks the ballot paper with a mark other than
the authorised mark of choice; or
places the authorised mark of choice on the ballot
paper in such a way that the choice of the voter
cannot be reasonably ascertained.

A ballot paper shall not be taken as invalid under this section

irrespective of where the authonsed mark of choice is placed, so long
as the voter's choice can be reasonably ascertained.

A vote which is invalid shall not be counted in determining

the results of the election.

50. Declaration of results forms

(1) Each presiding officer shall fill the necessary number of
copies of the prescribed form for the declaration of results as
follows-
one copy of the completed form shall remain attached to the
report book referred to in paragraph (c) of subsection (1)
of section 6;
one copy shall be retained by the presiding officer for display
at the polling station;

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Act Parliamentaiy Elections Act 2005
one copy shall be enclosed in an envelope supplied by the
Commission for the purpose, sealed by the presiding
officer and delivered to the nearest result collection centre
prescribed by the returning officer, together with the
report book, for transmission to the returning officer;

one copy shall be delivered to each of the candidates' agents

or, in the absence of those agents, to any voters present
claiming to represent the candidates; and

one copy shall be deposited and sealed in the ballot box.

(2) The presiding officer shall, in the presence of the candidates

and the candidates' agents as may wish to be present, seal the ballot
box with a seal provided for the purpose by the Commission.

(3) The sealed ballot box referred to in subsection (2) shall

contain the following items-

one duly signed declaration of results form;

the ballot papers received by each candidate, tied in separate

bundles;
the invalid ballot papers, tied in one bundle;
the spoilt ballot papers, tied in one bundle;
the unused ballot papers; and
(1) the voters roll used at the polling station.

(4) The declaration of results form referred to in subsection (1)

shall be signed by the presiding officer and the candidates or their
agents as are present and wish to do so, and the presiding officer shall
there and then, announce the results of the voting at that polling
station before communicating them to the returning officer.

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Act Parliamentary Elections Act 2005
51. Collection of results
A returning officer may appoint one or more persons for the
purpose of collecting the results of the poll from a given number of
results collecting centres prescribed by him or her and each person
shall, on delivering the results to the returning officer, sign the
prescribed declaration of delivery of results form.

Each presiding officer shall, without any delay after closing

the poii, transmit or deliver to the returning officer or to the nearest
results collecting centre-

the sealed ballot box;

the duly filled and signed declaration of results form;

the report book filled in and signed by the presiding officer

and the polling assistants.

52. Safe keeping of election materials and records

The returning officer shall be responsible for the safe custody
of all the election documents used in the district in connection with
an election until the documents are destroyed in accordance with the
directions of the Commission, but the Commission shall not give such
directions before the settlement of disputes if any arising from the
election.

A returning officer shall, on receipt of each baflot box-

take every precaution for its safe custody;

examine the seal affixed to the ballot box, with a view to

ensuring that the box is properly sealed; and

if the box is not in good order, record his or her observations

and affix a different seal supplied by the Commission.

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Act Parliamentary Elections Act 2005
53. Tallying of results by the returning officer
After all the envelopes containing the declaration of results
forms have been received the returning officer shall, in the presence
of the candidates or their agents or such of them as wish to be present,
open the envelopes and add up the number of votes cast for each
candidate as recorded on each Ion-n.
The returning officer may open the envelopes and add up the
number of votes cast even though some of the envelopes have not
been received, if the candidates or the candidates' agents and a police
officer not be]ow the rank of inspector of Police are present.
Where any envelope under subsection (1) does not contain
the results of the poll, the returning officer may, for the purpose of
finalising a statement of the poll, use the declaration of results form
in the presiding officer's report book.

If the report book does not contain the declaration of results

form duly filled by the presiding officer, the returning officer may, in
the presence of a police officer, not below the rank of Inspector of
Police and any of the candidates or candidates' agents who wish to be
present, open the ballot box in order to obtain the declaration of
results form for the purpose of adding up the results of the poll.
Where the returning officer opens the ballot box under
subsection (2) he or she shall re-seal the ballot box immediately after
ascertaining the results with the declaration of results forms re-sealed
in the envelopes in the ballot box.

54. Cases of mandatory recount

(1) Where, after the official addition of the votes-

there is an equality of votes between two or more candidates

obtaining the highest number of votes; or

the number of votes separating the candidate mceiving the highest

number of votes and any other candidate is less than fifty,

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Act Parliamentary Elections Act 2005
the returning officer shall, if requested in writing by a candidate, a
candidates' agent or a voter registered to vote in the constituency, in
the presence of a senior police officer recount the votes after giving a
written notice of the intention to recount to all interested parties.

(2) Where a recount under this section results in an equality of

votes among two or more candidates obtaining the highest number of
votes, a run off election shall be held involving only the candidates
with equal votes; and the election shall take place not later than thirty
days from the date of the recount.

55. Application to Chief Magistrate for a recount

Within seven days after the date on which a returning officer
has, in accordance with section 58, declared as elected the candidate
who has obtained the highest number of votes, any candidate may
apply to the Chief Magistrate for a recount.

The Chief Magistrate shall appoint the time to recount the

votes which time shall be within four days after receipt of the
application under subsection (1) and the recount shall be conducted in
accordance with the directions of the Chief Magistrate.

A candidate who requests a recount under this section shall

deposit with the Chief Magistrate a security for costs of thirty
currency points.

56. Recovery of costs of recount

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

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Act Parliamentary Elections Act 2005
57. Interruption or postponement of counting, tallying or
recounting
(1) Where counting, tallying or recounting of votes is interrupted
by a not or violence or any other cause, the presiding officer or
returning officer shall adjourn the counting, tallying or recounting to
the next day or to any other time of the same day and shall
immediately inform-
in the case of the presiding officer, the returning officen or
in the case of the returning officer, the Commission,
of that fact.

(2) Where the counting, tallying or recounting of votes is

adjourned to the following day under subsection (1), the time,
procedure and manner of the subsequent counting, tallying or
recounting shall be as on the original occasion.

(3) Where counting is adjourned under this section, the ballot

boxes shall be kept in safe custody and the candidates or their agents
shall be entitled to be present to keep watch on the boxes until
counting resumes,

58. Declaration of winning candidate

Each returning officer shall, immediately after the addition of
the votes under subsection (1) of section 53, or after any recount,
declare elected the candidate who has obtained the largest number of
votes by completing a return in the prescribed form.

Upon completing the return, every returning officer shall

transmit to the Commission the following documents-

the return form;

a report of the elections within the returning officer's

electoral district;

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Act Parliamentary Elections Act 2005
the tally sheets; and

the declaration of results forms from which the official

addition of the votes was made.

Where a returning officer receives notice of a recount under

section 55, he or she shall delay transmission of the return and report
for the constituency in question until he or she has received from the
court a certificate of the results of recount.

59. Declaration of results and reports by the Commission

The Commission shall, as soon as practicable after the
election, ascertain, declare in writing under its seal and publish in the
Gazette, the results of the election in each constituency.

The Commission shall, as soon as practicable after each

general election, produce a detailed report on the conduct of the
election and submit it to the Minister who shall in turn present it
before Parliament.

For the purposes of a report under subsection (2), every

candidate at an election and every official agent of any candidate has
the right to send to the Commission a statement in writing containing
any complaint that he or she may wish to make with respect to the
conduct of the election or of any election officer and any suggestions
with respect to such changes or improvements in the law or in the
administration arrangements as he or she may consider desirable.

PART X—ELECT!ON PETITiONS.

60. Who may present election petition

Election petitions under this Act shall be filed in the High Court.

An election petition may be filed by any of the following

persons-

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Act Parliamentary Elections Act 2005
a candidate who loses an election; or

a registered voter in the constituency concerned supported by the

signatures of not less than five hundred voters registered in the
constituency in a manner prescribed by regulations.

Every election petition shall be filed within thirty days after

the day on which the result of the election is published by the
Commission in the Gazette.

For the purposes of this section, where any rules of court

require a petition to be filed in any particu]ar registry of the High
Court, the filing of the petition in a registry of the High Court other
than in the first-mentioned registry shall not invalidate the petition;
and the registrar at the place where it is filed shall take necessary steps
to cause the petition to be transferred to the appropriate registry but
the court may award costs in respect of such filing.

61. Grounds for setting aside election

(1) The election of a candidate as a member of Parliament shall
only be set aside on any of the following grounds if proved to the
satisfaction of the court-
non-compliance with the provisions of this Act relating to
elections, if the court is satisfied that there has been failure
to conduct the election in accordance with the principles
laid down in those provisions and that the non-compliance
and the failure affected the result of the election in a
substantial manner;

that a person other than the one elected won the election; or

that an illegal practice or any other offence under this Act

was committed in connection with the election by the
candidate personally or with his or her knowledge and
consent or approval; or

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Act Parliamentary Elections Act 2005
that the candidate was at the time of his or her election not
qualified or was disqualified for election as a member of
Parliament.

Where an election is set aside, then, subject to section 63, a

fresh election shall be held as if it were a by-election in accordance
with section 3.

Any ground specified in subsection (1) shall be proved on the

basis of a balance of probabilities.

Notice of petition to be served on respondent

Notice in writing of the presentation of petition accompanied by a
copy of the petition shall, within seven days after the filing of the
petition, be served by the petitioner on the respondent or respondents,
as the case may be.

Trial of election petitions

Every election petition, filed under this Act, shall be tried in
open court.

The High Court shall proceed to hear and determine the

matter expeditiously and may, for that purpose suspend any other
matter pending before it.

If, on the trial of an election petition it is proved that any

person who voted for a candidate-

was bribed or subjected to undue influence by the candidate

or anyone acting on behalf of the candidate; or

was guilty of personation or of an illegal practice or was

not qualified or was disqualified as a voter at the
election; or

voted more than once at the election;

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Act Parliamentary Elections Act 2005
then without prejudice to any other consequences prescribed for the
infringement of any provision of this Act, the vote given for the
candidate by that person shall be deducted from the total number of
votes given for the candidate at the election.

(4) After due inquiry the court hearing an election petition may-

dismiss the petition; or

declare that a candidate other than the candidate declared

elected was validly elected; or

set aside the election and order a new election.

(5) The High Court before coming to a decision under

subsection (4), may order a recount of the votes cast.

(6) At the conclusion of the trial of an election petition the court

shall determine whether the respondent was duly elected or whether
any, and if so which person other than the respondent was or is
entitled to be declared duly elected, and if the court determines that-

the respondent was duly elected, the election shall be and

remain as valid as if no petition had been presented against
the respondent's election;

the respondent was not duly elected but that some other
person was or is entitled to be declared duly elected-

the respondent shall be ordered to vacate his or her seat;

and
the court shall certify its determination to the
Commission and the Speaker, and the Commission
shall thereupon, by notice published in the Gazette,
declare that other person duly elected with effect
from the day of the determination by the court.

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Act Parliamenary Elections Act 2005
(c) the respondent was not duly elected and that no other person
was or is entitled to be declared duly elected-

the seat of the respondent shall be declared vacant; and

the court shall forthwith, certify its determination to

the Clerk to Parliament and the Commission.

Nothing in this Part confers on the High Court power to

convict a person of a criminal offence when hearing any election
petition under this Part.

At the conclusion of the hearing of an election petition, the

High Court shall, if it is of the opinion that a person has been proved
to have committed a criminal offence in connection with the election
to which the petition relates, send a written report to the Director of
Public Prosecutions stating the name of the person, the nature of the
offence and any other information that the court may consider
relevant and appropriate for the Director of Public Prosecutions.

The High Court shall determine an election petition before it

within six months after the petition was lodged in that Court.

64. Witnesses in election petitions

(1) At the trial of an election petition-
any witness shall be summoned and sworn in the same
manner as a witness may be summoned and sworn in civil
proceedings;
the Court may summon and examine any person who, in the
opinion of the court is likely to assist the court to arrive at
an appropriate decision;
any person summoned by the court under paragraph (b) may
be cross-examined by the parties to the petition if they so
wish.

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Act Parliamentary Elections Act 2005
(2) A witness who, in the course of the trial of an election
petition, wilfully makes a statement of fact material to the proceeding
which he or she knows to be false or does not know or believe to be
true or in respect of which he or she is reckless whether it is true or
false, commits an offence and is liable on conviction to a fine not
exceeding twenty four currency points or imprisonment not
exceeding one year or both.

65. Withdrawal of election petitions

An election petition shall not be withdrawn except with leave
of the court and after such notice has been given as the court may
direct.
On the hearing of the application for withdrawal, any person
who might have been a petitioner in respect of the election to which
the petition refers may apply to the court to be substituted as a
petitioner for the petitioner who desires to withdraw.
The Court may substitute as a petitioner an applicant under
subsection (2) and may further, if the proposed withdrawal has been,
in the opinion of the court, induced by any corrupt bargain or
consideration, by order, direct that the security given on behalf of the
original petitioner shall remain as security for any costs that may
become payable by the substituted petitioner and that the original
petitioner shall be liable to pay the costs.
If a petition is withdrawn the petitioner shall be liable to pay
the costs of the respondent.

66. Appeals
A person aggrieved by the determination of the High Court
on hearing an election petition may appeal to the Court of Appeal
against the decision.
The Court of Appeal shall proceed to hear and determine an
appeal under this section expeditiously and may, for that purpose,
suspend any other matter pending before it.

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Act Parliamentary Elections Act 2005
A person aggrieved by the decision of the Court of Appeal
under sub Section (2) may appeal against the decision to the Supreme
Court.
The Supreme Court shall proceed to hear and determine an
appeal under this section expeditiously and may for that purpose
suspend any other matter pending before it.

Petition to abate on death of petitioner

An election petition shall abate at the death of the sole petitioner or
of all the petitioners.

PART X1—ILLEGAL PRACTICES.

Bribery
A person who, either before or during an election with intent,
either directly or indirectly to influence another person to vote or to
refrain from voting for any candidate, gives or provides or causes to
be given or provided any money, gift or other consideration to that
other person, commits the offence of bribery and is liable on
conviction to a fine not exceeding seventy two currency points or
imprisonment not exceeding three years or both.
A person who receives any money, gift or other consideration
under subsection (1) also commits the offence under that subsection.

Subsection (1) does not apply in respect of the provision of

refreshments or food-
offered by a candidate or candidate's agent who provides
refreshments or food as an election expense at a candidates'
campaign planning and organisation meeting; or

offered by any person other than a candidate or a candidate's

agent who, at his or her own expense provides the
refreshments or food at a candidates' campaign planning
and organisation meeting.

PALIAMENTA Y
61 P.O. CY' t!7.. .MF'AI

* 21NOV70 *
ACC. No. ......................... .....
CALL No ..........................
Act Parliamentary Elections Act 2005
An offence under subsection (1) shall be an illegal practice.

Every candidate or candidate's agent who, by himself or

herself or any other person, directly or indirectly, before the close of
polls on polling day offers, procures or provides or promises to
procure or provide any alcohohc beverage to any person commits an
illegal practice.

A person who during the campaign in respect of an election,

solicits from a candidate or a candidate's agent any money, gift,
alcoholic beverage or other consideration in return for directly or
indirectly influencing another person to vote or refraining from voting
for a candidate or in consideration for his or her voting for the
candidate or not voting for another candidate, commits an illegal
practice.

Procuring prohibited persons to vote

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

Publication of false statements as to illness, death or

withdrawal of candidate
A person who, before or during an election, publishes a false
statement of the illness, death or withdrawal of a candidate at that
election for the purpose of promoting or procuring the election of
another candidate knowing that statement to be false or not knowing
or be]ieving it on reasonable grounds to be true, commits an illegal
practice.

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

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Act Parliamentary Elections Act 2005
72. Penalty for illegal practices, under sections 68(5) or (6), 69,
70 and 71
A person who commits an illegal practice under sections 68(5) or (6)
or 69, 70 or 71 commits an offence and is liable to a fine not
exceeding forty eight currency points or imprisonment not exceeding
two years or both.

PART X11—OTHER ELECTION OFFENCES.

73. False statements concerning character of candidates

(1) A person who, before or during an election for the purpose
of effecting or preventing the election of a candidate, makes or
publishes or causes to be made or published by words whether written
or spoken, or by song in relation to the personal character of a
candidate, a statement which is false-

which he or she knows or has reason to believe to be false; or

in respect of which he or she is reckless whether it is true or

false,

commits an offence and is liable on conviction to a fine not exceeding

twelve currency points or imprisonment not exceeding six months or
both.

(2) This section does not take away the right of a person to sue
for defamation of character.

74. Misconduct at campaign meetings

(1) A person who, at any campaign meeting relating to an
election, acts in a disorderly manner for the purpose of preventing
the transaction of the business for which the meeting is held,
commits an offence and is liable, on conviction to a fine not
exceeding twenty four currency points or imprisonment not
exceeding one year or both.

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Act Parliamentary Elections Act 2005
The chairperson of a meeting to which this section applies
may direct any person who, in the opinion of the chairperson, is
preventing the transaction of the business for which the meeting is
being held, to leave the place; and if the person fails or refuses to
leave, the chairperson may cause that person to be removed from that
place using such force as may be reasonably necessary.

A person who has in accordance with subsection (2), left or

who has been removed from a place in which a meeting to which this
section applies is taking place, shall not, without the permission of the
chairperson of the meeting, return to that place while the meeting is
still in progress.

A person who contravenes subsection (3) commits an offence

and is liable on conviction to a fine not exceeding twelve currency
points or imprisonment not exceeding six months or both.

Failure by presiding officers to furnish election returns

A presiding officer who fails without lawful excuse to furnish the
returns of the election to the returning officer within the time in which
that person is required to furnish those returns, commits an offence
and is liable on conviction to a fine not exceeding twenty four
currency points or to imprisonment not exceeding one year or both.

OlTences relating to voting

A person who-

forges or fraudulently defaces or destroys any document

relating to the holding of an election, or alters any such
document or delivers to the returning officer any
document, knowing it to be forged;
forges, counterfeits or destroys any ballot paper or the
official mark on any ballot paper;

without authority supplies any ballot paper to any person;

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Act Parliamentary Elections Act 2005
without authority sells or offers to sell any document
relating to the holding of an election to any person or
purchases or offers to purchase any such document from
any person;

not being a person entitled under this Act to be in possession

of any document relating to the holding of an election, has
any such document in his or her possession;

knowingly and intentionally puts into a ballot box anything

other than the ballot paper which he or she is authonsed to
put in;

without authority, takes Out of a polling station any ballot

paper or other official document relating to an election or
is found in possession of any ballot paper or such
document outside a polling station;

without due authority, destroys, takes, opens, or otherwise

interferes with a ballot box, ballot documents or other
property in use or intended to be used for the purpose of
an election;

without due authority, prints any ballot paper or what purports

to be or is capable of being used as a ballot paper at an
election; or

not being authorised so to do under this Act makes any mark

on a ballot paper issued to a person, other than the person
making the mark, with intent that the ballot paper shall be
used to record the vote of that other person,

commits an offence and is liable on conviction to a fine not exceeding

one hundred and twenty currency points or imprisonment not
exceeding five years or both.

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Act Parliamenuj' Elections Act 2005
77. Unauthorised voting or voting more than once
A person who knowingly-
votes at an election at which that person is not entitled to
vote; or
votes more than once at an election,
commits an offence and is liable on conviction to a fine not exceeding
one hundred and twenty currency points or imprisonmenL not
exceeding five years or both.

78. Making wrong returns of an election

An election officer, or other person having any duty to perform in
relation to an election who-

makes in any record, return or other document which he or

she is required to keep or make under this Act, any entry
which he or she knows or has reasonable cause to believe
to be false;
permits any person whom he or she knows or has reasonable
cause to believe not to be a person with disability under
subsection (1) of section 37 to vote in the manner provided
for such persons under that subsection;

refuses to permit any person whom he or she knows or has

reasonable cause to believe to be a person with disability
under subsection (1) of section 37 to vote in the manner
provided for such a person under that subsection;

wilfully prevents any person from voting at the polling

station at which he or she knows or has reasonable cause
to believe that person is entitled to vote;

wilfully rejects or refuses to count any paper which he or she

knows or has reasonable cause to believe is validly cast in
favour of a candidate;

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Act Pariiwnentarv Elections Act 2005
(1) wilfully counts any ballot paper as being validly cast in favour
of a candidate which he or she knows or has reasonable
cause to believe was not validly cast for that candidate; or
(g) without reasonable cause acts or omits to act in breach of his
or her official duty,
commits an offence and is liable on conviction to a line not exceeding
one hundred and twenty currency points or imprisonment not
exceeding five years or both.

79. Personation
A person who votes as some other person, commits the
offence of personation whether that other person is living or dead or
is a fictitious person.
A person who commits an offence olpersonation is liable, on
conviction, to imprisonment not exceeding five years.

80. Offence of undue influence

(1) Where a person-
(a) directly or indirectly in person or through any other person-
makes use of, or threatens to make use of, any force or
violence;
inflicts or threatens to inflict in person or through any
other person any temporal or spiritual injury,
damage, harm or loss upon or against any person,
in order to induce or compel that person to vote or refrain
from voting, or on account of that person having voted or
refrained from voting; or
(b) by abduction, duress or any fraudulent device or contrivance,
impedes or prevails upon a voter either to vote or to refrain
from voting,
that person commits the offence of undue influence.

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Act Parliarnentar, Elections Act 2005
(2) A person who commits an offence under subsection (1) is
liable on conviction-

in case of an offence under subsection (1)(a) or in case of an

offence under subsection (l)(b) where the offence
involves abduction, to a fine not exceeding one hundred
and twenty currency points or imprisonment not
exceeding five years or both; or

in the case of an offence under subsection (1)(b) which does not

involve abduction, to a fine not exceeding forty eight currency
points or imprisonment not exceeding two years or both.

81. Prohibition of certain activities on polling day

(1) Without derogation from any other provision of this Act or
any other enactment, a person shall not, within one hundred metres of
any polling station on any polling day-

canvass for votes;

utter any slogan;

distribute leaflets or pamphlets for or on behalf of any

candidate;
organise or engage in public singing or dancing; or
use any band or any musical instrument.

(2) During the hours when a polling station is open on a polling

day, a person shall not, within two hundred metres of any polling
station-
seek to influence, in whatever manner, any person to vote for
any candidate or to ascertain for which candidate any
voter intends to vote or has voted; or

sell any intoxicating liquor.

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Act Parliamentary Elections Act 2005
(3) A person who contravenes subsection (1) or (2) commits an
offence and is liable, on conviction, to a fine not exceeding twenty
four currency points or imprisonment not exceeding one year or both.

82. Defacement of notice and posters

A person who without lawful excuse, destroys, mutilates,
defaces or removes any notice which is exhibited under the authority
of this Act or any document which is made available for inspection
under any provision of this Act, commits an offence and is liable on
conviction to a fine not exceeding twenty four currency points or
imprisonment not exceeding one year or both.

A person who maliciously defaces or removes or tears, any

election poster of any nominated candidate, commits an offence and
is liable, on conviction to a fine not exceeding twenty four currency
points or imprisonment not exceeding one year or both.

A court which convicts a person of an offence under

subsection (1) shall, within fourteen days after the conviction, report
the conviction in writing to the Commission.

83. Obstruction of election officers

A person who wilfully obstructs or interferes with an election officer
in the execution of the officer's duty, commits an offence and is liable
on conviction to a fine not exceeding seventy two currency points or
imprisonment not exceeding three years or both.

PART XIII-GENERAL.

84. Tenure of office of members of Parliament

(1) A member of Parliament shall vacate his or her seat in
Parliament-

(a) if he or she resigns his or her office in writing signed by him

or her and addressed to the speaker;

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Act Parliamentary Elections Act 2005
if such circumstances arise that if that person were not a
member of Parliament would cause that person to be
disqualified for election as a member of Parliament under
article 80 of the Constitution;
subject to clause (4) of article 77 of the Constitution, upon
dissolution of Parliament;
if that person is absent from fifteen sittings of Parliament
without permission in writing of the Speaker during any
period when Parliament is continuously meeting and is
unable to offer satisfactory explanation to the relevant
Parliamentary Committee for his or her absence;

if that person is found guilty by the appropriate tribunal of

violation of the Leadership Code of Conduct and the
punishment imposed is or includes the vacation of the
office of a member of Parliament;
if recalled by the electorate in his or her constituency in
accordance with the Constitution;

if that person leaves the political organisation or political

party for which he or she stood as a candidate for election
to Parliament to join another organisation or party or to
remain in Parliament as an independent member;
if, having been elected to Parliament as an independent
candidate, that person joins a political organisation or
political party; or
if that person is appointed a public officer and has accepted
the appointment.

(2) Notwithstanding paragraphs (g) and (h) of subsection (1) of

this section, membership of a coalition government of which his or
her original political organisation or political party forms part, shall
not affect the status of any member of Parliament.

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Act Parliamentary Elections Act 2005
(3) The provisions of paragraphs (g) and (h) of subsection (1)
and of subsection (2) of this section shall only apply during any
period when the multiparty political system is in operation.

85. Right and procedure of recall

(1) Subject to article 84 of the Constitution, the electorate of any
constituency and of any special interest group referred to in article 78
of the Constitution have the right to recall their member of Parliament
before the expiry of the term of Parliament.
(2) The right to recall a member of Parliament only applies when
the movement political system is in force.
(3) A member of Parliament may be recalled from that office on
any of the following grounds---

physical or mental incapacity rendering that member

incapable of performing the functions of the office; or
misconduct or misbehaviour likely to bring hatred, ridicule,
contempt or disrepute to the office; or
persistent deserting of the electorate without reasonable cause.
(4) The recall of a member of Parliament shall be initiated by a
petition in writing setting out the grounds relied on and signed by at
least two thirds of the registered voters of the constituency or of the
special interest group referred to in subsection (1), and shall be
delivered to the Speaker.
(5) On receipt of the petition referred to in subsection (4), the
Speaker shall, within seven days require the Commission to verify
whether the petition is initiated within the requirements of subsection
(4) and to conduct a public inquiry into the matters alleged in the
petition and the Commission shall expeditiously conduct the
necessary inquiry and report its findings to the Speaker.

(6) The Speaker shall-

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Act Parliamentary Elections Act 2005
declare the seat vacant, if the Commission reports that it is
satisfied from the inquiry, with the genuineness of the
petition; or
declare immediately that the petition was unjustified, if the
Commission reports that it is not satisfied with the
genuineness of the petition.
For the purposes of any inquiry under subsection (5), the
Commission shall be assisted by counsel appointed by the Attorney-
General.

The member of Parliament to whom the inquiry relates is

entitled to appear in his or her own defence and to be represented by
counsel of his or her choice.

Where it is alleged in a petition submitted under subsection (4)

that a member of Parliament be recalled on grounds of permanent
physical or mental incapacity rendering that member incapable of
performing the functions of the office of member of Parliament, the
Speaker shall request the head of the medical services of Uganda to
appoint a medical board to examine the member of Parliament with a
view to establishing the state of health of that member of Parliament and
shall immediately notify the Commission of the appointment.

The member of Parliament shall be informed by the

Commission of the appointment of the medical board within seven
days after being notified of the appointment.

If the medical board determines that the member of Parliament

in question is unfit for the work of Parliament on the ground specified in
subsection (9), that member shall cease to be member of Parliament and
the Clerk to Parliament shall notify the Commission of the vacancy
under article 81(2) of the Constitution.
The medical board shall report its findings to the
Commission with a copy to the Speaker.

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Act Parliamentary Elections Act 2005
Where the Commission reports to the Speaker that the
member of Parliament has refused or failed to submit himself or herself
to be examined by the medical board, the member of Parliament shall
be suspended from proceedings of Parliament for three months from
the date the Commission's report is communicated to the Speaker.

If the Commission further reports to the Speaker that the

member in question has refused or failed to submit himself or herself for
examination by the medical board within the period of three months
referred to in subsection (13), the member of Parliament shall cease to
be a member of Parliament upon the date of the report of the
Commission and the Clerk to Parliament shall notify the Commission of
the vacancy under article 8 1(2) of the Constitution.

A member of Parliament who ceases to hold office under

subsection (14) shall be deemed to have been recalled under
subsection (3)(a) of this section.

In the case of an allegation under paragraph (b) of

subsection (3), the Commission shall request the Chief Justice to
nominate a judicial officer to hear and determine the allegation and
report his or herfindings to the Commission as soon as possible and
the Chief Justice shall nominate a judicial officer accordingly.

The Commission shall, upon receipt of the findings of the

judicial officer, embody them in its report to the Speaker.

In the case of an allegation under paragraph (c) of subsection

(3) the Commission shall, subject to this section, conduct such
investigation and inquiry as may be just and practicable, in accordance
with this section and shall report its findings to the Speaker.

Subject to the provisions of this section, the Minister shall,

with the approval of Parliament, by regulations, prescribe any
additional procedure necessary to be followed for the recall of a
member of Parliament.

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Act Parliamentary Elections Act 2005
86. Determination of questions of membership
(I)TIiel-hgh Court shall have jurisdiction to hear and determine
any question whether-
a person has been validly elected a member of Parliament or
the seat of a member of Parliament has become vacant; or
a person has been validly elected as Speaker or Deputy
Speaker or having been so elected, has vacated that office.
A person aggrieved by the determination of the High Court
under this section may appeal to the Court of Appeal.
Subject to the provisions of this Act in relation to election
petitions, and to the provisions of article 137 of the Constitution, the
Attorney-General may petition the High Court under article 86 of the
Constitution for the determination of the question referred to in that article.

If upon application to the Attorney-General in writing sigtted

by not less than fifty registered voters stating that a question referred
to in subsection (1) has arisen stating the ground for coming to that
conclusion the Attorney-General fails to petition to the High Court
within thirty days after receipt of the application, any one or more of
the persons who made the application may petition the High Court for
determination of the question.
Any party aggrieved by the decision of the High Court may
appeal to the Court of Appeal against the decision and subsequently
appeal to the Supreme Court.

The High Court, the Court of Appeal or the Supreme Court

shall proceed expeditiously to hear and determine any question or as
the case may be, any appeal before it under this section and may for
that purpose suspend any other matter pending before it.

In any case the High Court shall determine a question under

this section within twelve months after the petition in relation to the
question was lodged in that Court.

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Act Parliamentary Elections Act 2005
87. Prior consent of the DP.P to prosecute
(1) A person shall not be prosecuted for an offence under this Act
without the consent in writing of the Director of Public Prosecutions.

(2) Subsection (1) shall not prevent a person from being-

charged with an offence under this Act; or

arrested with or without warrant in respect of any such

offence; or

remanded on bail or in custody in respect of any such

offence,

without the consent of the Director of Public Prosecutions.

(3) If no consent is obtained under subsection (I) within three

months from the date of arrest or charge, the person charged shall be
discharged.

(4) In a prosecution for an offence under this Act in relation to a

ballot paper or other document, the property in the ballot paper or
other document, as well as the property in the counterfoil of any
ballot paper, shall be stated to be vested in the Commission.

88. Time within which criminal proceedings must he

commenced
Proceedings against a person in respect of any offence under this Act
shall be commenced within three months after the offence which is
alleged to have been committed or within one month after a court
finds, on trial of a petition, that an offence may have been committed.

89. A person not to be required to divulge how he or she voted

A person who has voted at an election shall not, in any legal
proceedings, whether taken to question the election or return or
otherwise, be required to state for whom he or she has voted.

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Act Parliamentary Elections Act 2005
Penalty for interruption
A person who wilfully interrupts, obstructs or disturbs any
proceeding taken under this Act in connection with an election, or
disturbs the peace and good order of any such proceedings, commits
an offence and is liable on conviction to a fine not exceeding twenty
four currency points or imprisonment not exceeding one year or both.

Service of notices and documents

A public notice required to be given by any person who
under this Act shall, except where it is expressly directed to be
published in the Gazette or in any other particular manner, be
sufficiently given if it is published in a newspaper circulating in the
constituency or area intended to be affected by the notice or if it is
posted outside the principal outer door of every magistrates' court
office in that constituency or area or in such other place or places, if
any, as the Commission may determine.

Except as otherwise specially provided in this Act and

without derogation from the provisions of the Interpretation Act when
any notice or other document is required to be served on any person
under this Act, it may be served-

by delivering it to the person to whom it is addressed or his

or her authorised agent; or

by leaving it at his or her last known place of residence or any

place of residence stated on a voters' roIl as his or her
place of residence; or

by sending it to any place of residence referred to in paragraph

(b) through the post by registered letter marked upon the
outside "electoral notice letter" and, unless the contrary is
proved, the notice or other document shall be taken to have
been served at the time at which the registered letter would
have been delivered in the ordinary course of post.

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Act Parliamentary Elections Act 2005
When appointed dates fall on weekend or public holiday
Whenever under this Act anything is required to be commenced,
concluded or done on a particular day, and that day happens to fall
upon a Saturday or Sunday or public holiday, that thing shall be
commenced, concluded or done on the day next succeeding the
Sunday or public holiday or, if the last mentioned day is also a
Saturday or Sunday or a public holiday, then on the day next
succeeding the Sunday or public holiday.

Rules of court
(1) The Chief Justice, in consultation with the Attorney-General,
may make rules as to the practice and procedum to be observed in respect
of any jurisdiction which under this Act is exercisable by the High Court
and also in respect of any appeals from the exercise of that jurisdiction.

(2) Without prejudice to subsection (1) any rules made under

that subsection may make provision for-
regulating the practice and procedure of the High Court, the
Court of Appeal and the Supreme Court for the purposes
of hearing and determining petitions under section 85 or
as the case may be, for hearing and determining appeals
from decisions of the High Court under that section;
the practice and procedure to be observed in the hearing and
determining of e]ection petitions;
service of an election petition on the respondent;
priority to be given to the hearing of election petitions and
other matters coming before the courts under this Act.
(3) Rules made under this section may, in the case of the High
Court, the Court of Appeal and the Supreme Court, apply to the
proceedings the rules of practice and procedure applicable to civil
proceedings in the High Court, the Court of Appeal or the Supreme
Court as the case may be, subject to such modifications as may be
specified in the rules.

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Act Parliamentary Elections Act 2005
Saving in respect of vacation of office
Where as a result of the final determination of an election petition or
a petition under section 86, the seat of any member of Parliament
becomes vacant, the determination of the petition shall not invalidate
anything done by that person, during the period preceding the
determination, in the purported exercise of the functions of the office
of that person.

Postponement of vacation of office

(1) When a member of Parliament-

is adjudged or declared to be of unsound mind; or

is adjudged or dec]ared bankrupt in terms of article 80(2)(d)

of the Constitution;

is sentenced to a term of imprisonment in terms of article

80(2)(e) of the Constitution; or

is convicted of an offence referred to in article 80(2) (0 or

(g),

the scat of that member shall not become vacant until the expiry of the
time within which an appeal may be lodged and where an appeal is
lodged, until the appeal is fully disposed of or withdrawn.

(2) Where the High Court declares the seat of a member of

Parliament vacant as a result of a petition lodged under section 8, the
decision shall not have the effect of causing that person to vacate his
or her seat-

where no appeal is lodged, until the expiry of the time within

which an appeal may be lodged; or

where an appea' is lodged, the appeal has been fully disposed

of or withdrawn.

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Act Par!iamentar Elections Act 2005
Where as a result of an election petition the election of a
person who has been elected is set aside the decision shall not have
the effect of causing that person to vacate his or her seat until-
where no appeal is lodged, the expiry of the time within
which an appeal may be lodged; or
where an appeal is lodged, the appeal has been fully disposed
of or withdrawn.

Commission to supervise other elections

The Commission shall have power to oversee and supervise and if
requested by the Minister, conduct any election under any enactment
preliminary to or directly or indirectly related to any election held or to be
held under this Act for the purposes of article 78(1)(c) of the Constitution.

Publication in media
Whenever any matter is required to be published in the Gazette, it
shall also as soon as practicable, be published in a newspaper
circulating in the relevant area.

Ministers power to amend First Schedule

The Minister may, by statutory instrument, with the approval of the
Cabinet, amend the First Schedule to this Act.

Modification of Act pursuant to change in political system

under article 74
Where a new political system is adopted in accordance with
article 74 of the Constitution, the provisions of this Act, and any
statutory instruments made under it, shall have effect subject to such
modifications as are practical and necessary to give effect to the
adoption of the new political system.

Where a new political system is adopted as referred to in

subsection (1), the Minister may, with the prior approval of
Parliament, make such regulations as may be necessary for giving

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Act Parliamentary Elections Act 2005
effect to the change in the political system for the purposes of this Act
and may in particular subject to subsection (1), where necessary, by
such regulations, make different provision for campaigning than what
is prescribed under this Act.
100. Regulations
The Minister may, on the recommendation of the
Commission and with the approval of Parliament, by statutory
instrument, make regulations prescribing any matter which is
required or auhorised by this Act to be prescribed or which in his or
her opinion is necessary or convenient to be prescribed for carrying
out or giving effect to the provisions of this Act other than matters to
be prescribed by rules of court.
Without prejudice to the general effect of subsection (1),
regulations may be made under that subsection for any or all of the
following matters-
the form of any document to be used in the carrying out any
of the purposes of this Act other than forms in proceedings
before a court under this Act;
the duties of election officers, including the manner of
identifying voters for issuing to them of ballot papers and
the questions to be put to them;
the issue of voter's cards and duplicate voters' registration
cards;
such measures to be taken in connection with an election as
may be desirable or expedient to ensure that-
employers provide their employees with an opportunity
to vote in any election;
candidates are afforded reasonable access to the use of
state-owned communication media, for the purposes
of complying with clause (2) of article 67 of the
Constitution and subsection (1) of section 22;

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Act Parliamentary Elections Act 2005
(e) providing for the procedure for obtaining two thirds for
recalling the Member of Parliament under article 84 of the
Constitution where applicable.

(3) Regulations made under this section may provide in respect

of the contravention of the regulations, penalties not exceeding a fine
of forty eight currency points or imprisonment not exceeding two
years or both.

101. Repeal and savings

The Parliamentary Elections Act, 2001 is repealed.

Notwithstanding the repeal effected by this section, until

constituencies are prescribed by Parliament and demarcated by the
Commission under article 63 of the Constitution, Uganda shall, in
accordance with section 11 of the Electoral Commission Act, be
divided into the constituencies set Out in the First Schedule to the
Parliamentary Elections (Interim Provisions) Statute, 1996.

Without prejudice to the provisions of the Interpretation Act,

any statutory instrument, form or other document made or existing
under the Parliamentary Elections Act, 2001 and in force immediately
before the commencement of this Act, shall, with the necessary
modifications, continue in force until revoked or replaced under this
Act.

S CIIEDULES.

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Act Parliamentary Elections Act 2005
SECOND SCHEDULE

FORMS
Section 4(8)

CERTIFICATE OF COMPLETION OF FORMAL EDUCATION OF

ADVANCED LEVEL STANDARD OR OF ITS EQUIVALENT

THE PARLIAMENTARY ELECTIONS ACT

I certify that ........................... (name). who was born on the ......................

(date of birth), has satisfied the National Council for Higher Education in
consultation with the Uganda National Examinations Board that he/she has
completed formal education of advanced level standard or its equivalent, in
that he/she holds the following qualification/s -

Secretary of National Council for Higher Education

Date... ......................

I Seal of National Council for Higher Education

Serial Number ........

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Act Parliamentary Elections Act 2005
FORM ID

THE PARLIAMENTARY ELECTIONS ACT, 2005

Section 36(1)

DECLARATION OF IDENTITY BY A PERSON WHOSE NAME AND

VOTER NUMEER HAVE ALREADY BEEN USED BY ANOTHER
PERSON

I.... .... ........ . ................ ...................................... ....... of

........................ .................................. polling station

....................................... .. ............. village

....................Constituency

.. ... . ...... . ........................... District, do

solemnly and sincerely declare that:

1 am a citizen of Uganda;

I am not below the age of eighteen years;

1 am entitled to vote in this polling station because I

(originate from, reside in) this electoral area;

I am the holder of Voter Card No ......... ............................. .....

1 have not yet voted in this particular polling station or elsewhere

during the election;

I have not colluded with any person to vote in my name and under my
voter number under the above-mentioned voter number.

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Act Parliamentary Elections Act 2005
FORM EO

FORMS

OATH OF ELECTION OFFICER

Section 7(4)

PARLIAMENTARY ELECTIONS ACT, 2005

being appointed to exercise the functions of election officer swear in the

name of the Almighty Godisolemnly affirm that I will discharge my duties
as election officer to the best of my abilities without fear or favour.

Datedthis ........................ dayof ..............................20

Signed:

Election Officer.

Signed:

Presiding Officer

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Act Parliamentary ElecionsAct 2005
I make this solemn declaration conscientiously believing the contents to be
true to the best of my knowledge and belief.

Name and Signature of Voter

Subscribed and declared before me at..........this ........day of ...........20

Presiding Offlcer

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Act Parliamentary Elections Act 2005
Section 40(2)

REPORT OF ARREST

Date................................................

Pollingstation .....................................................................................

i being
.. ....................................................................................................

returning officer/presiding officer have arrested/caused the arrest of

(particulars of for the following reasons.

Returning Officer/Presiding Officer

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Act Parliamentary Elections Act 2005
FORM OC

PARLIAMENTARY ELECTIONS ACT, 2005

Section 4 1(4)

being appointed to exercise the functions of election constable of the

Electoral Commission swear in the name of the Almighty God/solemnly
affirm that I will discharge my duties in maintaining order at the polling
station to the best of my abilities without fear or favour.

DATED this........................day of ..............................20....

Signed:

Election Officer

Before the:

Presiding Officer

87
 THE REPLTBL!C OF UGANDA

This printed impression has been carefully

compared by me with the bill which was
passed by Parliament and found by me to be a
true copy of the bill.

Clerk to Parliament

88

Date of authentication: ..