Presidential Elections Act

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1 Short title and commencement

3 Appointment of Returning Officer and Assistant Returning Officers

4 Appointment of clerks and interpreters

5 Appointment of acting Returning Officer

6 Timing of poll and writ of election

7 Notice of time and place of election

8 Certificate of eligibility

10 Deposits by candidates

11 Proceedings on nomination day

12 Objections to nomination papers

13 Withdrawal of candidature

14 Persons entitled to be present

15 Uncontested elections

16 Contested elections

17 Polling day to be public holiday

18 Polling districts and polling stations

19 Presiding officers

20 Facilities to be provided at polling stations

21 Register of electors to be conclusive evidence of right to vote

22 Admittance to polling station

23 Poll by ballot and ballot papers

26 Compulsory voting

27 Declarations by voters

28 Spoilt ballot papers

31 Procedure on closing of poll

33 Votes to be rejected

34 Publication of result and statement of poll in the Gazette

35 Failure to comply with provisions of this Act

36 Maintenance of secrecy at elections

42 Punishment for corrupt practice

43 Nomination of election agent

44 Person convicted of corrupt practice not to be appointed election agent

45 Making of contracts through election agent

46 Payment of expenses through election agent

47 Period for sending in claims and making payments for election expenses

48 Remuneration of election agent

49 Personal expenses of candidate and petty expenses

50 Expenses in excess of maximum to be illegal practice

51 Certain expenditure to be illegal practice

53 Use of motor vehicles at elections

54 Certain employment to be illegal

55 Saving for creditors

56 Return and declaration respecting election expenses

57 Publication of receipt of return, etc.

58 Employers to allow employees reasonable period for voting

59 Badges, symbols, etc., prohibited on polling day

60 Regulations for display of posters and banners

61 Punishment for conviction for illegal practice

62 Prohibition of canvassing on polling day

63 Prohibition of dissuasion from voting

64 Undue influence at or near polling station

65 Persons prohibited from conducting election activity

66 Unlawful assembly

67 Offence to operate loudspeaker

68 Report exonerating candidate in certain cases of corrupt and illegal practice by agents

69 Power of Election Judge to except innocent act from being illegal practice, etc.

70 Authorised excuse for non-compliance with provisions as to return and declaration respecting election expenses

71 Avoidance of election on election petition

72 Powers of Election Judge

73 Who may present petition

74 Relief which may be claimed

75 Certificate of Judge as to validity of election

76 Report of Judge as to corrupt or illegal practice

77 Time for presentation

78 Prohibition of disclosure of vote

79 Votes to be struck off at a scrutiny

80 Rejection of ballot paper by Returning Officer not to be questioned

82 Inaccurate description of places and persons

83 Publication of notices, etc.

84 Names of candidates

85 Consequential amendments

Presidential Elections Act

(CHAPTER 240A)

(Original Enactment: Act 27 of 1991)

REVISED EDITION 1992

(9th March 1992)

An Act to make provision for the election of the President.

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PART I

PRELIMINARY

Short title and commencement

1. This Act may be cited as the Presidential Elections Act and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.^*

^* No date has yet been appointed for the coming into operation of this Act.

Interpretation

2. In this Act, unless the context otherwise requires —

“candidate” means a person who is nominated as a candidate for election to the office of President;

“Commissioner of National Registration” means the Commissioner of National Registration appointed under the National Registration Act [Cap. 201];

“election” means an election for the purpose of electing the President;

“election agent” means a person named under section 43 by or on behalf of a candidate as his agent for an election and includes any candidate acting in his capacity of election agent;

“Election Judge” means the Chief Justice or a Judge of the Supreme Court nominated by the Chief Justice for the purpose of hearing an election petition;

“elector” means a person whose name is entered in the register as an elector;

“electoral division” means an electoral division specified in a notification for the time being in force made pursuant to section 8 of the Parliamentary Elections Act [Cap. 218];

“polling district” means a part of an electoral division subdivided under section 9 of the Parliamentary Elections Act;

“Presidential Elections Committee” means the Presidential Elections Committee established under Article 18 of the Constitution;

“register” or “register of electors” means the register of electors for any particular electoral division maintained under the Parliamentary Elections Act;

“Registration Officer” means the Registration Officer appointed under section 3 of the Parliamentary Elections Act and includes any Assistant Registration Officer so appointed;

“Returning Officer” means the Returning Officer appointed under section 3;

“tendered votes list” means the list referred to in section 29;

“voter” means a person who, whether his name does or does not appear in a register of electors, applies to vote or votes at an election.

Appointment of Returning Officer and Assistant Returning Officers

3.—(1) The Minister may appoint a Returning Officer and such number of Assistant Returning Officers as he may from time to time think fit.

(2) An Assistant Returning Officer shall have all the powers and may perform all the duties of the Returning Officer and any reference in this Act to the Returning Officer shall, unless the context otherwise requires, be deemed to include a reference to an Assistant Returning Officer.

(3) An appointment made by the Minister under this section may be revoked by him at any time.

Appointment of clerks and interpreters

4. The Returning Officer may, from time to time, appoint such number of clerks and interpreters as may be necessary for the purposes of this Act and those appointments may be revoked at any time.

Appointment of acting Returning Officer

5. If the Returning Officer is, by sickness or other cause, prevented or disabled from performing any of his duties under this Act and there is no time for any other person to be appointed by the Minister, the Returning Officer may appoint one of the Assistant Returning Officers to act for him.

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