Representation of the People Act

CHAPTER 1:03

Act
Reg. 24/1964 Amended by
16 of 1968     30 of 1990     Proc. 2/1980
4 of 1972     3 of 1991     Reg. 8/1980
7 of 1973     11 of 1992     9/1980
19 of 1980     22 of 1997     14/1985
16 of 1985     15 of 2000     2/2001
24 of 1990     1 of 2001     O. 50/1980
25 of 1990     2 of 2001     68/1980
               12 of 2006

PART 1
PRELIMINARY

  1. Short title
  2. Interpretation.
  3. Electoral system.
  4. Other functions of Commission.
  5. Extension of time
  6. Polling districts and divisions.
  7. Election Officer and staff.
  8. Oaths.

PART II
LIST OF CANDIDATES

  1. Notice of date for submission of lists.
  2. Chief Election Officer to receive lists.
  3. Requirements of lists
    11A. Requirements for geographical constituencies.
    11B. Characteristics that party lists must satisfy.
    11C. Voting and allocation of seats in the National Assembly.
  4. Representatives of lists.
  5. Examination of lists.
  6. Defective lists.
  7. Correction of lists.
  8. Application for symbols.
  9. Approval of lists.
  10. Appeal against refusal of approval.
  11. Publication of lists.
  12. Withdrawal of lists.
  13. Death or withdrawal of candidate.
  14. Joinder of lists

PART III
AGENTS

  1. Appointment of election agents.
  2. Appointment of assistant agents, counting agents and polling agents.
  3. Actions of assistant agents, polling agents and counting agents.
  4. Liability of candidates for offences by election agents.

PART IV
ENTITLEMENT TO VOTE

  1. Electors to have one vote and to vote in person.
  2. Voting to be at polling-place where elector’s name displayed.
  3. Right of electors in certain cases to vote at other polling-places.
  4. Entitlement to vote by proxy.
  5. Application for appointment of proxy.
  6. Notice of appointment as proxy and list of proxies.
  7. Cancellation of appointment as proxy.
    33A- 33K [PART IVA – Sections 33A to 33K deleted by Act No. 16 of1985]

PART V
PREPARATIONS FOR THE POLL

34. Notice of poll.
35. Division of official list of electors.
36. Display of lists at polling-places.
37. Preparation of polling-places.
38. Printing of directions for voting and ballot papers.
39. Requirements of ballot papers.
     39A. Requirements of ballot paper for geographic constituencies.
40. Supplies of election material.
41. Display of lists of candidates and directions for voting.
42. Safe custody of elections material.
43. Application of section 12 of the National Registration Act.

PART VI
PREPARATION FOR NON-RESIDENT ELECTORS’ BALLOT

  1. Interpretation of Part VI.
  2. Display of non-resident elector’s roll.
    45A. [45A repealed by Act No. 3 of 1991].
  3. Printing of ballot officer’s supplies.
  4. Non-resident elector’s papers.
  5. Additional supplies for ballot officers.
  6. Safe custody of officers’ supplies.

PART VII
NON-RESIDENT ELECTORS’ BALLOT

  1. Interpretation of Part VII.
  2. Issue of ballot papers to non-resident electors.
  3. Notes of ballot papers issued.
  4. Ballot attendants.
  5. Recording of non-resident elector’s vote.
  6. Transmission of non-resident elector’s vote to ballot officer.
  7. Safe custody of votes returned.
  8. Officer’s responsibilities.
  9. Balloting by non-resident electors in particular cases.
  10. Time and place for casting non-resident electors’ votes.
  11. Commencement of proceedings on election day for casting nonresident electors’ votes.
  12. Opening packets of non-resident electors; ballot papers.
  13. Casting non-resident electors’ votes.
  14. Further duties of Chief Election Officer in relation to packets.
  15. Ballot boxes.
  16. Delegation of Chief Election Officer’s functions.
    1. 65A- 65F [PART VIIA 65 A- 65F repealed by Act No. 3 of 1991.]

PART VII B
PROCEDURE FOR VOTING BY SPECIFIED DISCIPLINED FORCES

65G. Definitions
65H. Application of Part.
65I. Appointment of ballot officers, ballot attendants and balloting places for the purposes of this Part.
65J. List of electors entitled to vote under this Part.
65K. Balloting.
65L. Ballot attendant to hand over ballot box to ballot officer.
65M. Application of certain provisions relating to penalties to balloting under this Part.
65N. Modification, etc. of provisions of Act.
65O. Over-riding effect of this Part.

PART VIII
THE POLL

66. Place and time of poll.
67. Appointment of candidate to attend poll.
68. Opening of poll.
69. Applicant to vote to hand identity paper to poll clerk.
70. Duty of presiding officer upon application for a ballot paper.
71. Issue of ballot paper to elector.
72. Mode of voting.
73. Blind and incapacitated electors.
74. Tendered ballot papers.
74A. [74A repealed by Act No. 15 of 2000]
75. Presiding officer to accept other identification in certain circumstances.
76. Entries in poll book.
77. Maintenance of secrecy at polling-place.
78. Molestation of electors.
78A. Obstruction.
79. Preservation of order.
80. Closing of spirit shops.
81. Employers to allow employees period for voting.
82. Penalty for breach of section 81.
83. Procedure on closing of poll.
83A. Accompanying ballot boxes.

PART IX
COUNTING OF VOTES POLLED

  1. Counting of votes.
  2. Candidates appointed to attend count.
  3. Attendance at count.
  4. Method of counting.
  5. Recounts.
  6. Procedure on conclusion of count.
  7. Maintenance of Secrecy at count.

PART X
COUNTING NON-RESIDENT ELECTORS’ VOTES

  1. Persons who may be present at count.
  2. Method of counting non-resident electors’ votes.
  3. Recounts of non-resident electors’ votes.
  4. Procedure on conclusion of count of non-residents’ votes.
  5. Delegation of Chief Election Officer’s functions under this Part.

PART XI
ASCERTAINMENT OF ELECTION RESULTS

  1. Totalling of votes.
  2. Allocation of seats.
  3. Membership of National Assembly.
  4. Publication of election results.
    99A Filling of casual vacancies in the case of members selected
    under Article 60(2) of the Constitution.
  5. Certificates of election.
  6. Election report.
  7. Custody of election documents.

PART XII
ELECTION EXPENSES

103. Making of contracts through election agents.
104. Payment of expenses.
105. Petty and overseas expenditure.
106. Maximum expenses.
107. Remuneration of election agent.
108. Elections expenses return and declarations.
109. Publication of summary of election expenses return.
110. Authorised excuse for failure to submit return and declarations.
111. Period of claims for payment of election expenses.
112. Exemption of act done in good faith from being an illegal practice.
113. Saving for creditors.
114. Prohibition of expenses not authorised by election agent.
115. False election expenses declarations.

PART XIII
ILLEGAL PAYMENT, EMPLOYMENT, HIRING

116. Providing money for illegal purposes.
117. Corrupt withdrawal of candidate.
118. Prohibition of certain forms of employment.
119. Illegal hiring of transport for electors.
120. Use of certain premises as committee room prohibited.
121. Penalty for illegal payment, employment or hiring

PART XIV
ILLEGAL PRACTICES

122. Certain expenditure to be illegal practice.
123. Disorderly behaviour at election meeting.
124. False statements concerning candidates.
125. Election publications.
126. Miscellaneous illegal practice.
127. Plural voting to be illegal practice.
128. Penalty for illegal practice.

PART XV
CORRUPT PRACTICES

129. Treating.
130. Undue influence.
131. Bribery.
132. Personation.
133. General penalty for corrupt practices.
134. Penalty for personation.
135. Disqualification.

PART XVI
MISCELLANEOUS ELECTIONS OFFENCES

136. [Repealed by Act No. 24 of 1990].
137. Offences in respect of ballot boxes and ballot papers, identity papers and appointments as proxy.
138. Voting when not entitled.
139. Interference with notices and lists.
139A Terrors intimidation causing withdrawal of candidate.
139B Abetment of offence under this Act.
139C Attempt and incitement to commit offence under this Act.
139D Person causing racial or ethnic violence or hatred.
139E Complaint of statement or action by political party on racial and ethnic violence or hatred.

PART XVII
GENERAL

140. Elections Commission proceedings.
141. Property in election material.
142. Certificate of Chief Election Officer.
143. Offences by bodies corporate.
144. Limitation of time.
145. Special provision as to convictions.
146. Rules of Court.
147. Duty not to disclose fingerprints.
148. Extra-territorial application of penal provisions of this Act.
149. Expenses.
150. Regulations.
150A. Commission to determine every Form in the Schedule.
151. Overseas time and delivery by hand instead of post.
152. Commission to be consulted on emoluments of officers and staff.

SCHEDULE – TABLE OF FORMS