C.

I 75

PUBLIC ELECTIONS REGULATIONS, 2012

ARRANGEMENT OF REGULATIONS

Regulations

General provisions

1 Appointment of returning officer

2 Writ of election

3 Notice of election

4 Nomination of candidates for parliamentary election

5 Nomination of candidates in presidential election

6 Statutory declaration and deposit by presidential and parliamentary candidates

7 Nominated candidate

8 Withdrawal of nomination and exhibition of names of nominated

9 Where no candidate is nominated

10 Unopposed candidate

11 Contested election and death of candidate

12 Allocation of symbols and colours

13 Notice of poll

14 Adjournment of poll

15 Death of a candidate

16 Provision of polling stations

17 Presiding officers and polling assistants

18 Equipment for polling stations

19 Polling agents

20 Transferred voters list

21 Special voters list

22 Absent voters list

23 Voting by proxy

The poll

24. Number of votes and place of voting

25. Poll to be taken by ballot

26. Ballot papers

27. Polling hours and admission to polling station

28. Keeping order at polling station

29. Sealing of ballot boxes

30. Identification and verification of voters

31. Voting procedure

32. Assistance in voting

33. Spoilt ballot papers

34. Adjournment of poll

After the poll

35. Appointment of counting agents and counting of votes

36. Result of elections

37. Rejected ballot papers

38. Decision on ballot papers

39. Equality of votes in parliamentary elections

40. Declaration and publication of election results

41. Special provisions relating to presidential elections

Miscellaneous provisions

42. Disposal of deposit

43. Disposal of documents

44. Absence of candidate or agent

45. Publication in the Gazette

46. Application of Regulations

47. Interpretation

48. Revocation and savings

C.I 75

PUBLIC ELECTIONS REGULATIONS, 2012

IN exercise of the powers conferred on the Electoral Commission by Article 51 of

the Constitution, these Regulations are made this 13th day of August, 2012.

General provisions

Appointment of returning officer

1. (1) For the purpose of holding a public election, the Electoral Commission, referred to
in these Regulations as "the Commission shall appoint

(a) a returning officer for each constituency in which the election is to be held; and

(b) any other assistants of a-returning officer determined by the Commission.

(2) A returning officer or the assistant of a returning officer shall discharge duties
under the general supervision of the District Electoral Officer of the Commission.

(3) A person appointed as a returning officer or an assistant of a returning officer

shall
(a) swear in the presence of a Judge or a judicial officer to faithfully and impartially
fulfill the duties of that person's office;

and

(b) abide by the laws and regulations governing the conduct of elections.

Writ of election

2. (1) For the purpose of a public election, the Commission shall issue a writ of
election to the returning officer.

(2) The writ shall be in a form determined by the Commission and shall specify

(a) the period and place for the nomination of candidates;

and

(b) the day on which the poll is to be taken which shall

(i) in the case of a general election not be less than thirty days or more than ninety
days after the last day appointed for the nomination of candidates;

(ii) in the case of a by-election not be less than ten days and not more than fourteen days
after the nomination of candidates, except that where the by-election is as a result of the
death of a member of Parliament the poll shall be taken not less than ten days and not
more than thirty days from the date of nomination.

(3) As soon as the Commission issues a writ, the Commission shall publish a notice in
the Gazette stating that the writ has been issued and specify

(a) the constituency to which it relates;

(b) the day and place for the nomination of candidates; and (c) the day on which the
poll is to be taken.

Notice of election

3. (1) The returning officer shall on receipt of a writ of election publish a notice of the
election throughout the constituency in a manner determined by the Commission.

(2) A notice of an election shall be in a form determined by the Commission and shall
specify
(a) the day, the place and time [or the nomination of candidates; and

(b) the day when the poll is to be taken.

N ominatio n of candidates for parliamentary election

4. (1) A candidate for election to Parliament shall be nominated on a separate

nomination form in a manner determined by the Commission.

(2) The nom'ination form shall be delivered in quadruplicate by the candidate personally
or the person who proposes or seconds the candidate's nomination to the returning
officer of the constituency for which the candidate seeks election on the day and at the
place specified in the writ between the hours of

(a) nine in the morning and twelve noon, and (b) two and five in the afternoon.

(3) The nomination form for each candidate in an election to Parliament shall be

(a) witnessed by the signature or mark of two registered voters as proposer and seconder
and supported by eighteen other registered voters in the constituency as assenting to the
nom nation; and

(b) endorsed with the candidate's consent to nomination. (4) A candidate shall not be
nominated

(5) A person shall not nominate more than one candidate for election to Parliament.

Nomination of candidates in presidential election

5. (1) A candidate for election as President shall be nominated on a separate nomination

form in a manner determined by the Commission.

(2) The nomination form for each candidate in an election for President shall

(a) be signed by the candidate;

(b) be signed by not less than two persons who are registered voters in the area of
authority of each district assembly;

(c) designate a person to serve as Vice President; and

(d) be delivered to the Commission on or before the day appointed as nomination day in
relation to the election.

(3) The nomination form shall be in quadruplicate and shall be delivered personally by
(a) the presidential candidate, or

(b) the person who proposes or seconds the presidential candidate's nomination between
the hours of nine in the morning and twelve noon and the hours of two and five in the
afternoon on or before the nomination day.

(4) A person shall not nominate more than one candidate in a presidential election.

(5) The Chairman of the Commission shall be the returning officer for the purpose of the
election of President.

Statutory declaration and deposit by presidential and parliamentary candidates

6. (1) A candidate for presidential or parliamentary election shall, at the time of the
candidate's nomination

(a) deliver or cause to be delivered to the returning officer

(i) a statutory declaration stating that that candidate is qualified to be elected as President
or a member of Parliament and is not disqualified from being
elected as such;

and

(ii) four post card size copies of the candidate's recent photograph of bust size with red
background showing the full face and ears of the candidate; and

(b) deposit or cause to be deposited an amount of money determined by the

Commission.

(2) The statutory declaration shall be made before a Judge, a judicial officer, notary
public, commissioner of oaths, or a person authorized by law to administer an oath who
shall certify it under the person's signature.

(3) A person designated as Vice-President for the election shall also deliver to the
returning officer a statutory declaration made in accordance with sub regulations 1 (a)
and (2).

Nominated candidate

7. (1) Whenever the nomination paper and the statutory declaration of a candidate are
delivered and the deposit is paid in accordance with these Regulations, the candidate
shall be considered to stand nominated, unless proof is given to the satisfaction of the
returning officer of the candidate's death, withdrawal or disqualification.
(2) The returning officer shall inform a candidate that the candidate's nomination is
invalid where

(a) the particulars of the candidate or the persons subscribing to the nomination paper are
not as required by law; or

(b) the nomination paper is not subscribed to as required by law, and shall give the
candidate an opportunity to make amendments or any alteration necessary, within the
stipulated nomination period.

(3) Where the returning officer decides that a nomination paper is invalid, after complying
with subregulation (2) the returning officer shall (a) endorse and sign on the nomination
paper the reasons for that decision; and

(b) inform the Commission.

(4) The Commission shall take a decision on the matter within seven days.

(5) This regulation shall not prevent the validity of a nomination to be questioned on an
election petition.

(6) Before the close of nominations on the nomination day,

(a) the returning officer,

(b) the candidate, if present, or

(c) persons who have nominated the candidate and are present shall sign a declaration to
the effect that, at the close of nominations, the nomination of the candidate was
presented and received by the returning officer.

(7) The returning officer shall state in the declaration the time at which each nomination
was received and the time at which the nomination was accepted.

Withdrawal of nomination and exhibition of names of nominated

candidates

8. (1) Nomination of candidates shall be submitted and concluded by close of the day for
nomination.

(2) The returning officer shall compile and sign a list of the nominated candidates as at
close of nomination day. .

(3) The returning officer shall on the next day following the last day for nomination post at
the constituency centre, and at other places as the Commission may direct,

(a) a notice providing the names of the candidates nominated; and

(b) a list of the persons who have proposed, seconded and supported each candidate. (4)
Subject to-sub regulation (2) of regulation 11, a duly nominated candidate

(a) may withdraw as candidate at any time before election day; and

b) write to the Commission to inform it of the decision to withdraw

(5) Where a duly nominated candidate whose name appears on the nominated list
displayed at the constituency centre withdraws as candidate after ballot papers and
related election notices have been printed, the ballot papers and related notices may
continue to include the name and other particulars of the candidate. .

(6) The Commission shall not refund the deposit paid by the candidate in respect of the
nomination and votes cast in favour of that candidate shall be declared invalid.

Where no candidate is nominated

9. (1) Where at the end of the time allowed for delivery of nomination papers no
candidate stands nominated, the returning officer shall

(a) endorse on the writ that no candidate was nominated;

and

(b) forward the writ to the Commission.

(2) Within fourteen days after the receipt by the Commission of a writ under sub-
regulation (1) in respect of a constituency, the Commission shall issue a fresh writ for an
election in that constituency.

Unopposed candidate

10. Where the time allowed for delivery of nomination papers has ended and on the day
before the election only one candidate stands nominated, that candidate shall be
declared elected.

Contested election and death of a candidate

11. (1) Where the time allowed for the delivery of nomination papers has ended and on
the day before the election two or more candidates stand nominated, a poll shall be taken
in the manner provided by these Regulations and in accordance with any exiting
applicable law.

(2) Where for the purpose of a public election two or more candidates are duly nominated
at the close of the nominations but before the day of the election only one candidate
stands nominated,

(a) a further period often days shall be allowed for the nomination of other candidates

(b) a candidate who withdraws his. or her nomination shall not obtain a refund of the fee
deposited; and

(c) where the period allowed for nomination of other candidates occurs within twenty-five
days to an election the election in that constituency shall be postponed for a period of not
more than twenty-one days.

(3) Where at the close of nominations and after the end of the further period of ten days
under sub-regulation (2) only one candidate stands nominated, an election shall not be
conducted and that candidate shall be declared elected.

(4) Where at the close of nominations, but before the election, one of the candidates dies,
a further period of ten days shall be allowed for nominations.

(5) Where the death of a candidate occurs at any time within twenty-five days before the
election, the election in that constituency shall be postponed for not less than twenty-one
days.

Allocation of symbols and colours

12. (1) Where an election is contested, the Commission shall, as soon as practicable
after the nomination day

(a) allocate to a candidate who is sponsored by a registered political party, the symbol,
colour or combination of colours of the party; or

(b) allocate to a candidate who is not sponsored by a registered political party a symbol,
colour or combination of colours chosen by that candidate; or

(c) allocate a symbol, colour or combination of colours that the Commission considers
appropriate in any other case .

(2) For the purpose of subregulation (1) a symbol colour or combination of colours shall
be chosen or assigned from among symbols and colours approved by the Commission for
the purposes of election.

(3) The Commission shall not allocate to a candidate a symbol, slogan, colour or
combination of colours

(a)which is the same as the symbol, slogan or colour of a registered political party;

(b) which is the same as the symbol, slogan or colour of the Republic; or
(c) which closely resembles the symbol, slogan or colour of a registered political party or
the Republic which is likely to deceive or confuse members of the public.

Notice of poll

13. (1) Whenever an election is to be held, the Commission shall, as soon as practicable
after the allocation of symbols, colours or combination of colours publish notice of the
election in the Gazette and in the places in a constituency that it may direct.

(2) The notice shall state

(a) the day on which the poll is to be taken;

(b) the time at which the poll is' to be taken; and

(c) the full names, photographs, symbols and colours or combination of colours of the
candidates nominated for the election.

Adjournment of poll

14. (1) The Commission may, at any time between the issue of a writ and the day
specified in the writ as polling day, adjourn the taking of the poll for a period of not more
than thirty days after the day specified earlier.

(2) The Commission shall publish the notice of adjournment in the Gazette.

(3) Where a notice is published in the Gazette the writ for the constituency to which the
notice relates shall be considered as amended by the substitution of the day to which the
taking of the poll is adjourned for the day specified in the writ as polling day.

Death of a candidate

15. (1) Where an election is to be held and a candidate dies on the eve of the election
and proof of the death of candidate is given to the returning officer before the
commencement of the poll the returning officer shall put on hold, proceedings in relation
to the election and inform the Commission.

(2) The Commission shall on receipt of information under sub regulation (1) adjourn the
poll and allow a period often days for the political party to which the candidate belonged
to nominate a new candidate.

(3) Where the deceased candidate was an independent candidate the Commission shall
not permit the nomination of another person and proceedings in relation to the election
shall continue.

(4) Where a new candidate is nominated by a political party, the Commission shall
adjourn elections in the constituency of the deceased candidate for a period of not more
than twenty-one days from the day of the nomination of the new candidate.

Provision of polling stations

16. (1) For the purpose of taking the poll the existing polling stations prescribed by the
Commission shall be used as polling stations.

(2) The Commission may direct a returning officer to establish additional polling stations
for an electoral area.

(3) The returning officer shall inform political party executives and any interested party in
the constituency of the establishment of the additional new polling stations.

(4) New polling stations shall not be established within forty-two days to an election.

(5) A convenient building, except a dwelling-house or a building or class of buildings

exempted by the Commission, may be established as a polling station by the returning
officer and used for that purpose without the payment of a fee.

(6) The Commission shall repair out of public funds any damage done to a building that is
used as a polling station.

7 .Where two or more polling station are established for an electoral area, the returning
officer shall

(a) assign to each of the stations a number of voters registered in the electoral area
subject to the approval of the Commission;

and

(b) publish a notice in the electoral area to inform voters of the stations to which they have
been assigned. .

Presiding officers and polling assistants

17. (1) The Commission shall appoint

(a) a presiding officer to preside at each polling station; and

(6) The Commission shall

(a) publish at the district office of the Commission the names of persons it proposes to
appoint as presiding officers and polling assistants not later than ten days before an
election;
and

(b) furnish a copy of the published names to a political party which requests for it.

(7) A registered political party or a person qualified to vote in an election may object to
the appointment under subregulation (5) within three days after the names of the
proposed officials have been published.

(8) The objection shall be

(a) in writing to the Commission; and

(b) based on factual and verifiable evidence.

(9) An objection raised against the appointment of an election official shall not be
entertained if the objection is made within seven days to an election.

(10) The Commission shall communicate its decision to the parties involved within four
days after receipt of the objection.

Equipment for polling stations

18. (1) The returning officer shall provide a presiding officer with

(a) a number of ballot boxes and ballot papers;

(b) a biometric verification equipment; and

(c) any other equipment or materials that the Commission considers necessary.

(2) Each ballot box shall be of such a nature that a ballot paper can be put into it by the
person voting but cannot be taken out by that person or any other person.

(3) The returning officer shall provide each polling - station with

(a) materials for voting;

(b) validating stamps for validating the ballot paper;

(c) instruments for marking the means of identification of the voter in accordance with
sub-regulations (1) and (2) of regulation 31; and (d) a copy of the register and the
transferred voters list, the proxy voters list, and the absent voters list if any relating to the
polling station.

(4) A notice giving directions for guidance of the voters in the voting shall be exhibited in
each electoral area as directed by the Commission.
Polling agents

19. (1) A candidate for parliamentary election may appoint one polling agent to attend at
each polling station in the constituency for which the candidate is seeking election.

(2) A candidate for presidential election· may appoint one polling agent in every polling
station nationwide.

(3) An appointment under subregulations (1) and (2) is for the purpose of detecting
impersonation and multiple voting and certifying that the poll was conducted in
accordance with the laws and regulations governing the conduct of elections.

(4) A presiding officer shall give a polling agent the necessary access to enable the
polling agent to observe election proceedings at a polling station.

(5) A candidate shall submit in duplicate to the returning officer in charge of the
constituency in which the candidate seeks election, not later than four days to an election,

(a) letters of appointment stating the name and address of each polling agent appointed
by the candidate; and

(b) the polling station to which a polling agent is to be assigned.

(6) The returning officer shall set a date on which the polling agents shall appear before
the returning officer to swear an oath to the effect that the polling agent shall abide by the
laws and regulations governing the conduct of elections.

(7) After the oath is taken by the polling agent the returning officer shall sign both the
original and duplicate copies of the appointment letter and issue to the polling agent the
duplicate copy.

(8) The polling agent shall present the duplicate copy of the letter of appointment to the
presiding officer of the polling station to which the agent is assigned on the day of the
poll.

(9) Despite subregulation (5) a candidate may change an agent under special
circumstances and a new agent appointed by the candidate shall swear an oath before
the presiding officer in charge of the polling station where that agent is assigned.

(10) If a polling agent dies or becomes incapacitated from acting as a polling agent, the
candidate who appointed the polling agent may appoint another polling agent.

Transferred voters list

20. (1) A registered voter who before an election is resident for not less than two months
in a constituency other than that in which the registered voter is registered may apply to
the returning officer of the constituency where the registered voter is resident for the
name to be entered on the transferred voters list of a polling station in that constituency.

(2) The registered voter shall provide physical proof of the new residence in addition to
signing a declaration.

(3) An application under sub-regulation (1) shall be made

(a) not less than forty-two days before the last day of nomination to the constituency where the
applicant resides where the application relates to a nomination or

(b) not less than forty-two days before election day to the constituency where the
applicant resides where the application relates to voting.

(4) A returning officer on receipt of an application shall enter the applicant's registration
details in the transferred voters list for the assigned polling station in the constituency
where the applicant resides if the returning officer is satisfied that the applicant has met
the residency requirement specified under sub-regulation (1).

(5) Whenever a returning officer enters the name of a person" on the transferred voters
list, the returning officer shall

(a) assign that person to a polling station in that person's constituency; and

(b) send a copy of the entry to the returning officer of the constituency where the person
whose name has been entered is registered.

(6) A person whose registration details are entered on the transferred voters list is
entitled to vote at the election in the polling station to which that person is assigned as if
it were the polling station where that person registered and the provisions of regulation
31 apply.

(7) A transfer of vote once effected is permanent.

(8) A returning officer shall give a copy of the transferred voters list to all political pnrtics on
request.

Special voters list

21. (1) A voter may apply to the returning officer of the constituency

in which the voter is registered to be entered as a special voter if as a result of election

duties the voter will not be able to be represented at the polling station where the voter is
registered on the day of election.

(2) An application under sub-regulation (1) shall be

(a) mane not later than forty-two days before the polling day in the constituency of the
applicant except in the case of an applicant who is a returning officer,

(b) accompanied by a certificate from the applicant's employer where the applicant is not
a returning officer stating that

(i) the applicant is registered at a polling station in the constituency of the returning officer
to whom the application is made; and

(ii) the applicant's duties will prevent the applicant from being present on polling day at
the polling station where the applicant is registered.

(3) A returning officer who receives an application under sub regulation (2) shall, where
the applicant is a person whose duties are related to the elections, ascertain from the
applicant

(a) where the applicant will be working on election day;

(b) if the applicant will be working in the same constituency where the applicant is
registered but at a polling station other than where the applicant is registered or in a
different constituency.

(4) The returning officer shall

(a) issue the applicant a certificate that entitles the applicant to vote on a day set aside
for special voters;

(b) enter the registration details of the applicant on the special voters list;

(c) enter the registration details of the applicant on the absent voters list of the polling
station where the applicant is registered; and

(d) inform the applicant, political parties and other persons of the date and time set aside
for special voting.

(5) Where an application is made to a returning officer under sub regulation (1) and the
applicant is a person other than an election officer the returning officer shall

(a) enter the name and other registration details of the applicant on the special voters list
for the constituency;

(b) enter the name and other registration details of the applicant on the absent voters list
of the polling station in which the applicant is registered; and

(c) inform the applicant, political parties and other persons of the date and time set aside
for special voting.
(6) The returning officer shall give a copy of the special voters list to all political parties on
request.

(7) A person whose name is entered on the special voters list shall vote at a polling
station specified by the Commission and on a day which is not more than seven days
before the polling day appointed by the returning officer and advertised in a manner that
the Commission may direct.

(8) A person whose name is transferred to the special voter's list shall not vote on
election day.

(9) A person shall not vote at a polling station as a special voter unless that person's
name is on the special voters list for that polling station.

(10) Subject to sub regulation (11) voting at a polling station for special voters shall be
conducted in the same manner as voting on polling day.

(11) The returning officer shall at the end of the special voting

(a) ensure that the ballot boxes are kept in safe custody after the poll has closed;

(b) ensure that the ballot boxes are sealed with the seals of the Commission and any
candidates who wish to add their seal;

and

(c) arrange for the ballot boxes to be opened at the time of the counting of the votes cast
on the polling day and the ballot papers shall be counted in the same manner as those
contained in the ballot boxes used on the polling day.

Absent voters list

22. (1) A returning officer shall, not later than fourteen days, before polling day, make
available to political parties and to each polling station in the constituency of the returning
officer an absent voters list containing

(a) the names of persons registered in the station whose names have been entered on
the transferred voters list for another constituency; and

(b) the special voters list for the returning officer's constituency.

(2) A person whose name is entered on the absent voters list for a polling station shall
not vote in that station and the provisions of regulation 31 shall apply.
Voting by proxy

23. (1) A registered voter who

(a) due to ill-health will not be able to vote on the polling day;

or

(b) is absent from the constituency and will be unable to vote on polling day may not less
than forty-two days before the poll in the constituency apply to the returning officer of the
constituency or to the Commission for the name of the registered voter to be entered on
the proxy list.

(2) The applicant shall complete a proxy form in a manner determined by the
Commission.

(3) The returning officer or the representative of the Commission shall endorse the proxy
form and distribute it as follows:

(a) the original to the returning officer of the constituency where the applicant wishes the
proxy to vote;

(b) the duplicate copy to the Commission;

(c) the triplicate copy to the person appointed as proxy;

and

(d) the quadruplicate copy to the applicant.

(4) Where the returning officer or a representative of the Commission is satisfied that the
proxy is qualified to be registered as a voter and that the applicant is a registered voter,
that officer shall enter the name and the particulars of the applicant and the proxy on the
proxy list and

(a) assign the proxy to a polling station in the constituency;

(b)- indicate on the proxy list the polling station to which the proxy is assigned; and

(c) forward a copy of the list to the presiding officer for the polling station to which the
proxy is assigned.

(5) A person appointed as a proxy may vote in the elections at the polling station where
that person is assigned to vote and the provision relating to voting procedure under these
Regulations shall apply.

(6) A person shall not appoint more than one person at a time as a proxy to vote for that
person at the election.

(7) A person whose application to vote by proxy is accepted and endorsed by the
returning officer of the constituency or the Commission, shall not vote at the election in
respect of which the application was granted.

(8) The returning officer or the Commission shall cancel the appointment of a proxy
where an application is made for cancellation by the person who made the application for
the appointment of the proxy.

(9) An application for the cancellation of proxy shall be made (a) within seven days of the
acceptance and endorsement of the proxy by the Commission; and

(b) in a form determined by the Commission.

(10) A proxy whose appointment is cancelled shall cease to have the right to vote for the
applicant whether or not the proxy is aware of the cancellation

The poll

Number of votes and place of voting

24.(1) A voter shall not cast more than one vote when a poll is taken.

(2) Subject to the provisions on transferred voters list, special voters list, and absent
voters list under regulations 20, 21 and 22 a voter shall vote at the polling station allotted
to the voter.

Poll to be taken by ballot

25. (1) The votes at the poll shall be taken by ballot and the results shall be ascertained
by counting the votes cast for each candidate.

(2) The candidate who receives the highest valid votes cast shall be declared elected in
the case of a parliamentary election.

Ballot papers

26.(1) The ballot of every voter shall consist of a ballot paper.

(2) Each ballot paper shall

(a) contain the names, photographs, symbols and colours or combination of colours of
the candidates contesting the election in the constituency;

(b) be capable of being folded up;

(c) have a number printed on it; and

(d) have attached to it a counterfoil with the same number printed on the ballot paper.

Polling hours and admission to polling station

27. (1) The poll shall be taken between the hours of seven in the morning and five in the
evening.

(2) A voter who arrives at a polling station after five in the evening shall not be allowed to
vote.

(3) The presiding officer shall regulate the number of voters to be admitted to the polling
station at each time, and shall exclude other persons except

(a) the candidates, their spouses and their polling or counting agents;

(b) election officers;

(c) security officers on duty;

(d) persons authorised by the Commission; and

(e) persons accompanying voters who are visually impaired or physically challenged.

Keeping order at polling station

28. (1) The presiding officer shall maintain order at the polling station assigned to the
presiding officer.

(2) The presiding officer may authorise a security officer to immediately remove froma
polling station a person

(a) who behaves in a manner to disrupt proceedings at the polling station; or

(b) who fails to obey the lawful orders of the presiding officer and that person shall not be
allowed to enter the polling station on the polling day without the permission of the
presiding officer.

(3) Where the person removed under subregulation (2) is an agent of a candidate the
presiding officer shall inform the candidate who appointed the agent to replace the agent:
(4) A person who has been removed from a polling station may, if charged with the
commission of an offence, be dealt with as a person taken into custody by a police officer
for an offence without a warrant.

(5) The powers conferred by this regulation shall not be exercised to prevent a voter who
is entitled to vote at a polling station from having the opportunity to vote at that station.

Sealing of ballot boxes

29. (1) The presiding officer shall immediately before the commencement of the poll

(a) show the transparent ballot boxes' to the persons present at the polling station so that
they can verify that the ballot boxes are empty;

(b) close the ballot boxes and place a seal on them in a manner to prevent the ballot
boxes from being opened without breaking the seal; and

(c) place the ballot boxes in the full view of the public for the receipt of ballot papers.

(2) Polling agents of candidates may affix their seals on the ballot boxes after the seals
of the Commission have been affixed,

Identification and verification of voters

30. (1) A presiding officer may, before delivering a ballot paper to a person who is to
vote at the election, require the person to produce

(a) a voter identification card or

(b) any other evidence determined by the Commission

in order to establish by fingerprint or facial recognition that the person is the registered
voter whose name and voter identification number and particulars appear in the register.

(2) The voter shall go through a biometric verification process.

Voting procedure

31. (1) A voter who desires to vote shall be present at the allotted station and the
presiding officer or a polling assistant, shall after being satisfied that

(a) the voter is registered and has not already voted; or (b) is voting as a proxy;
deliver the ballot paper to the voter.

(2) Immediately before the ballot paper is delivered to the voter

(a) it shall be marked with the official validating stamp of the Commission;

(b) a mark shall be placed on the copy of the register against the number of the voter to
indicate that the ballot paper has been received; and

(c) a mark which shall, so far as possible be permanent shall be made on the voter.

(3) The voter on receiving the ballot paper shall

(a) immediately proceed to one of the places set aside in the polling station for the
thumb printing of the ballot paper; and

(b) secretly make on the ballot paper an imprint of the voter's thumb in the box and
column provided for that purpose directly against the name and symbol of the candidate
for whom the voter wishes to vote

(4) The voter shall then fold up the ballot paper and in the presence of the presiding
officer and the polling agents and in full view of the general public cast a vote by putting
the folded ballot paper into the ballot box and leave the polling station.

(5) This regulation applies subject to the provisions on transferred voters list and special
voters list as specified under regulations 20 and 21.

Assistance in voting

32. (1) The presiding officer, shall on request permit a voter who is visually impaired or
physically challenged to be assisted by a person of the voter's own choice to vote in a
manner different from voting procedures specified in these Regulations.

(2) Where the presiding officer accepts the request of a voter under sub-regulation (1),
the presiding officer shall record in the register opposite the name of the voter that the
voter was assisted and the reason for the assistance.

Spoilt ballot papers

33. (1) A voter who inadvertently deals with a ballot paper given to the voter in a manner
that the ballot paper can no longer be used as a ballot paper shall

(a) deliver the spoilt ballot paper to the presiding officer;

(b) prove to the satisfaction of the presiding officer that the ballot paper was inadvertently
spoilt; and

(c) obtain another ballot paper in place of the spoilt ballot paper delivered to the presiding
officer.
(2) The spoilt ballot paper shall be immediately cancelled and the counterfoil marked
accordingly.

Adjournment of poll

34. (1) Where the proceedings at a polling station are interrupted or obstructed by

(a) riot, open violence, storm, flood, or other natural catastrophe

or

(b) the breakdown of an equipment

(5) The counting agent shall authenticate the oath taken under sub regulation (3) and the
returning officer shall sign both the original and duplicate copies of the appointment letter
and issue to the counting agent the duplicate copy.

(6) Unless otherwise directed by the candidate, a polling agent appointed by a candidate
shall act as a counting agent at the counting of the votes at the assigned polling station.

(7) The returning officer shall

(a) make arrangements for counting the votes at each polling station in the constituency
of the returning officer in the presence of the counting agents as soon as practicable after
the close of the poll; and

(b) give notice to the counting agents of the time at which the counting of the votes will
commence.

Result of elections

36. (1) The presiding officer shall immediately after the close of the poll, in the presence
of the candidates or their representatives and counting agents;

(a) open each ballot box and take out all the ballot papers in the box;

(b) sort out the ballot papers into valid ballot papers and rejected ballot papers in
accordance with regulation 37;

(c) proceed to count the ballot papers at the polling station;

(d) record the total number of votes cast in favour of each candidate;

and
(e) record the total number ofrejected ballots.

(2) The presiding officer, the candidates, or their representatives and the counting agents
shall then sign a declaration stating

(a) the name of the polling station;

(b) the total number of persons entitled to vote at that polling station;

(c) the number of votes cast in favour of each candidate;

and

(d) the total number of rejected ballots.

(3) The presiding officer shall

(a) then announce the results of the voting at that polling station before communicating
the results to the returning officer; and

(b) give each candidate, or the representative of the candidate or the counting agent a
copy of the declaration of results.

(4) A candidate or a representative of a candidate or a counting agent may, if present

when the counting of the ballots is completed, request the presiding officer to

(a) recount the ballots; and

(b) to again recount the ballots for a second time.

(5) The presiding officer may refuse to comply with the request to recount the ballots for a
second time if, in the opinion of the presiding officer the request is unreasonable and shall
report the matter to the re- turning officer; who shall recount the ballots for that polling
station only at the constituency collation centre.

(6) The presiding officer shall as soon as practicable after the announcement of the
results of the voting at the polling station in the presence of any of the candidates, the
representatives of the candidates and the counting agents make up into separate packets
sealed with the presiding officer's own seal and the seals of the counting agents who wish
to affix their seals

(a) each ballot box used at the station, in order to prevent the introduction of additional
ballot papers;

(b) the unused and spoilt ballot papers placed together; and
(c) the marked copies of the register and the counterfoils of the used ballot papers.

(7) The presiding officer shall deliver the packets and the ballot boxes specified under sub
regulation (6) to the returning officer with a statement indicating

(a) the number of ballot papers entrusted to the presiding officer; and

(b) an account of unused and spoilt ballot papers.

Rejected ballot papers

37. (1) A ballot paper shall subject to subregulation (2) be void and not counted if the
ballot paper

(a) does not bear the official mark of the Commission; or

(b) is not thumbprinted by the voter to clearly identify the candidate for whom the vote
was cast; or

(c) is not thumbprinted at all; or

(d) has on it a writing or mark by which the voter could easily be identified.

(2) The presiding officer shall before rejecting a ballot paper as void,

(a) take proper precautions to prevent a person from seeing the number printed on it,

(b) show the paper to each candidate or the counting agent of the candidate if present;

and

(c) give the candidate or the counting agent of the candidate an opportunity to express an
opinion on the matter.

(3) The presiding officer shall

(a) endorse the word "REJECTED" on a ballot paper which is not to be counted, and

(b) add to the endorsement the words "REJECTION OBJECTED TO" if an objection is
made by a candidate or the counting agent in respect of the rejected ballot paper.

(4) The presiding officer shall draw up a statement showing the number of ballot papers
rejected under the following headings and a candidate or a counting agent may copy the
statement:
(a) want of an official mark;

(b) voting for more than one candidate;

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

(d) unmarked; or

(e) choice of voter could not be ascertained.

(5) The presiding officer shall keep ballot papers marked "REJECTION
OBJECTED TO" in a separate envelope and deliver it to the returning officer who may re-
examine the ballot paper and take a decision on it.

Decision on ballot papers

38. The High Court may on an election petition, review the decision of the returning officer
on a question arising in respect of a ballot paper under these Regulations.

Equality of votes in parliamentary elections

39. (1) Where in a parliamentary election after the completion of the counting of votes
including a re-count, there is an equality of votes between the candidates and the
addition of a vote would entitle one of the candidates to be declared elected, the returning
officer shall

(a) certify that fact by endorsing the writ; and

(b) forward the endorsed writ to the Commission.

(2) The Commission shall within thirty days after receipt of an endorsed writ in respect of
a constituency, conduct a second parliamentary election.

(3) The candidates for election under sub-regulation (2) shall be the candidates who
obtained equal votes at the previous election and the candidate who obtains most of the
valid votes shall be declared elected.

Declaration and publication of election results

40. (1) Subject to regulation 39, immediately after the results of the poll for all the polling
stations in the constituency of the returning officer have been given to the returning officer
the returning officer shall, in the presence of the candidates or the representatives of the
candidate or not more than two counting agents appointed by each candidate

(a) assemble the results from the polling stations without recounting the ballots in the
ballot boxes, except where there is a challenge by a candidate or a counting agent in
respect of a specific ballot box;

(b) give public notice of the total number of votes cast for each candidate; .

(c) publicly declare as elected in a· parliamentary election the candidate who had the
highest votes;

(d) invite the counting agents of the candidates to sign the declaration of result form and
when signed post a copy at the constituency collation centre;

(e) endorse on the writ the name of the person elected; and

(f) forward to the Commission the endorsed writ and a note of the total number of votes
cast for each candidate.

(2) The Commission shall, on receipt of an endorsed writ

(a) in the case of a parliamentary election publish in the Gazette a notice stating the
name of the person elected and the total number of votes cast for each candidate; and

(b) inform the Clerk to Parliament soon after that, of the name of the candidate elected.

Special provisions relating to presidential elections

41. (1) In a presidential election, the candidate who receives more than fifty percent of
the valid votes cast shall be declared elected as President.

(2) Where in a presidential election there are more than two candidates and none of the
candidates obtains the percentage of votes specified in sub-regulation (1), the
Commission shall conduct a second election within twenty-one days after the previous
election.

(3) The candidates for a presidential election held under sub regulation (2) shall be the
two candidates who obtained the two highest number of votes at the previous election.

(4) Where in a presidential election three or more candidates obtain the two highest
number of votes the candidates shall, subject to any withdrawals, be the candidates in
the subsequent election and the same process shall be continued until a President is
elected.

(5) A presidential candidate under sub regulation (3) or (4) may, by writing under the
candidate's hand, withdraw the candidature at any time before the election.

(6) If after a second presidential election the two candidates obtained an equality of
votes, despite any withdrawal, the Commission shall conduct an election within twenty-
one days after the previous election and the two candidates shall be the only candidates
and the same process shall, subject to any withdrawal, be continued until a President is
elected.

(7) An instrument which

(a) is executed under the hand of the Chairman of the Commission and under the seal of
the Commission; and

(b) states that the person named in the Instrument was declared elected as the President
of Ghana at the election, is prima facie evidence that the person named was elected.

Miscellaneous provisions

Disposal of deposit

42. (1) Subject to regulation 11, a deposit made by a candidate under these Regulations
shall, as soon as practicable after the result of an election is declared, be returned to

(a) the candidate or the personal representative of the candidate, or

(b) forfeited to the State.

(2) Where a eandidate is not shown as standing nominated in the notice of a poll
specified under regulation 13 or if the poll is made inapplicable by reason of the death of
the candidate, the Commission shall as soon as practicable after the publication of the
notice or after the death of the candidate return the deposit to the person making it or to
the personal representative of the candidate.

(3) Where a poll is taken and after the completion" of the counting of the votes, including
a recount, a candidate is found not to have polled
(a) in a parliamentary election, more than twelve and a half percent of the total valid
votes cast within the constituency;

or

(b) in a presidential election, more than twenty-five percent of the total valid votes cast in
the election

the candidate shall forfeit a deposit made and it shall be paid into the Consolidated Fund.

Disposal of documents
43. (1) The returning officer shall on the completion of the counting of votes at an election
seal up in separate packets the counted and rejected ballot papers in respect of each
candidate and forward to the Commission the following documents:

(a) the sealed packets of counted and rejected ballot papers;

(b) an account on the ballot papers and the statement on rejected ballot papers;

(c) the packets of ballot papers counterfoils; and

(d) the packets containing marked copies of the register.

(2) The returning officer shall

(a) endorse on each packet a description of the contents, the date of the election to which
they relate and the name of the constituency for which the election was held; and

(b) prepare a statement in respect of the specified documents which may be copied by a
candidate or a counting agent.

(3) The Commission shall subject to the provisions of these Regulations (a) retain for a
year, documents forwarded to the Commission;

and

(b) destroy the documents after a year unless otherwise directed by a court.

(4) The Commission shall not destroy documents relating to an election in respect of
which legal proceedings have been instituted until the end of the proceedings.

(5) A court trying an offence relating to an election or the High Court hearing an election
petition may make an order for a document retained by the Commission to be inspected,
copied or produced at a time and place and subject to the conditions that the Court
considers necessary.

(6) The Court shall not make an order under subregulation (5) unless the court is satisfied
that the inspection, copying or production of the document is required to institute,
maintain, defend, or prosecute a matter in respect of an election petition and the election
to which the document relates.

(7) A person shall not inspect or copy a document retained by the Commission except as
provided under this regulation.

Absence of candidate or agent

44. (l) In these Regulations where an expression is used that requires, authorises, or
implies that an act or thing is to be done in the presence of the candidates or the polling
agents or counting agents of the candidate, those expressions shall be construed as a
reference to the presence of the candidates or the polling agents or counting agents of
the candidate authorised to attend and have attended at the time and place where the act
or thing is being done.

(2) The non-attendance of the candidate or the polling agent or counting agent of the
candidate at the time and place shall not invalidate the act or thing done.

Publication in the Gazette

45. A matter required to be published in the Gazette under these Regulations by the
Commission may, in addition to the publication in the Gazette, be published

(a) on the radio;

(b) on television;

(c) in the national newspapers; or

(d) in any other medium of mass communication.

Application of Regulations

46. These Regulations apply to presidential and parliamentary elections and with the
necessary modifications to other Public elections that the Commission may by
constitutional instrument prescribe.

Interpretation

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

"absent voters list" means the absent voters list specified under regulation 22;

"allotted station" means in relation to the voter the polling station of the electoral area in
which the voter is registered or, in the case of an electoral area for which two or more
stations have been established, the station to which the voter is assigned;

"biometric verification equipment" means a device provided at a polling station by the

Commission for the purpose of establishing by fingerprint the identity of the voter;

"close of the poll" means the conclusion of the poll in all polling stations of the
constituency including polling stations where the poll has been adjourned;

"constituency collation centre" means a location established by the Commission in a

constituency where all the results from the polling stations are brought for the purpose of
adding up and declaring election results in that constituency;
"Commission" means the Electoral Commission;

"election officer" means a member of the office of the Commission, or any other person
engaged by the Commission to be present at a polling station in an official capacity;

"judicial officer" means a person presiding over a Magistrate Court, the Judicial Secretary
or the Registrar of a Superior Court;

"special voter" means a .person registered as a voter who is (a) a security officer, or
(b) an election officer;

"special voters list" means the special voters list specified under regulation 21;

"spoilt ballot paper" means a ballot paper inadvertently dealt with in a manner that it
cannot be conveniently used as a ballot paper;

"superior officer" means in relation to

(a) a member of the Police -Service a police officer or above the rank of superintendent;

(b) a member of the Armed Forces of Ghana, the adjutant of the battalion or an officer
holding a comparable rank;

(c) an election officer, not being the returning officer of the constituency in which the
election officer will be on duty;

(d) any other person, as the Commission may determine.

"transferred voters list" means the transferred voters list specified under regulation 20;
and

"voter" means a person whose name appears on the certified voters register. (2)
Reference in these Regulations to a contested election or to an election being contested
shall be construed as a reference to an election in which a poll is taken.

Revocation and savings

48. (1) The Public Elections Regulations, 1996 (C.I. 15) is hereby revoked.

(2) Despite the revocation under subregulation (1) the provisions relating to the
nomination of candidates as contained in C.I.I5 shall continue to be valid until this
Instrument comes into force.

DR. KWADWO AFARI-GYAN

Chairman of the Electoral Commission
Date of Gazette notification: 14th,August, 2012,

Entry into force: 28th September, 2012.

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