Pursuant to section 153(1) of the National Assembly Election Act 19921,

The Independent Electoral Commission makes the following Regulations:

Citation and commencement
1. These Regulations may be cited as the National Assembly Election Regulations 2002 and shall come into operation on such date as the Independent Electoral Commission may, by notice published in the Gazette, appoint.
 

Interpretation
2. In these Regulations unless the context otherwise requires-
“Commission” means the Independent Electoral Commission established under section 66(1) of the Constitution;
“Director” means the Director of Elections appointed under section 9D of the National Assembly Election Act 1992 and includes any person acting in that office;
“the Act” means the National Assembly Election Act 1992.
 

Proof of identity
3. For the purposes of these regulations, any of the following documents shall constitute adequate proof of identity of the applicant for registration:
(a) a passport;
(b) a birth certificate; or
(c) a baptismal certificate.
 

Prescribed mark
4. The prescribed mark to be used by an applicant for registration is the thumb print of the applicant’s left hand or the thumb print of the right hand of an applicant who has no left hand.
 

Procedure for inclusion of elector’s name omitted
5. (1) Any person whose name is not on a provisional list but who claims to be registered as an elector shall make an application to the Director to have his or her name included in the final list not later than 5 days after the posting of a provisional list.
(2) An application referred under sub-regulation (1) shall be in accordance with Form A5 set out in Schedule 1 to these Regulations.
(3) The Director shall, if satisfied that an applicant’s name has been omitted from the provisional list, without delay, inform the elector concerned in writing, of the inclusion of the elector’s name in the final list or if the Director is not so satisfied, of his or her refusal to include the elector’s name in the final list.
(4) Where an applicant is aggrieved by the decision of the Director, the provisions of sections 33 and 34 of the Act shall, mutatis mutandis, apply.

Purchase of final electoral list
6. A member of the public is entitled to purchase a final electoral list for each constituency upon payment of a fee of M100.00.
 

Representations to the Director
7. A registered elector, a person entitled to be registered as an elector or an authorised representative of a political party may make representations in writing, setting out full particulars of those representations, to the Director regarding any matter relating to the proposed delimitations of a constituency.
 

Application fee
8. The fee for an application for registration of a political party is M300.00
 

Notification of dissolution of a political party
9. A political party that has dissolved or is intending to dissolve on a specific date, shall notify the Commission in writing and such notification shall be signed by the President, Chairman or Secretary of the party.
 

Proof of registration
10. Proof of registration and of identity of a person wishing to vote at a polling station is the applicant’s registration card issued in terms of section 16(2)(a) of the Act.
 

Ensuring Independence of the Commission
11. (1) A member or acting member or the Chairman of the Commission who has a direct or indirect pecuniary interest in a matter that is being considered or is to be considered by the Commission shall, as soon as possible after the relevant facts are known to him or her, disclose the nature of his interest at a meeting of the Commission.
(2) Any such disclosure shall be recorded in the minutes of the meeting of the Commission and the member or acting member or the Chairman of the Commission shall not be present during any deliberation of the Commission with respect to that matter. 

Appointment of electoral officers
12. (1) The Commission shall, in appointing electoral officers, ensure that every person undertakes to perform his or her duties imposed by the Act without partiality, fear, favour or affection.
(2) The Commission shall not appoint any person who is a political party official or held such an office less than 5 years previously or who is a candidate for election to be an electoral officer.
(3) Where the Commission considers it appropriate, the Commission may invite the assistance of political parties in the screening process of persons prior to their appointment as electoral officers. 

Party delegates
13. (1) The appointment of party delegates is designed to strengthen the role of political parties in the electoral process and to enhance their confidence in the work of the Commission.
(2) In carrying out their tasks as a party delegates, each appointee shall act in an objective manner and, consistent with the non-partisanship status of the Commission, seek to develop a good working relationship with the official nominated by the Commission to accompany the party delegate.
(3) In exercising their right to seek and obtain information from members of the Commission or from any other official connected with the management, supervision or security of the elections, party delegates shall make their request orally or in writing, stating clearly the information that is required.
(4) Where the request is addressed to a member of the Commission or another official referred to in sub-regulation (3) and the member or other official does not have the information, the matter shall, forthwith, be brought to the attention of the Commission.
(5) A party delegate shall not be given access to information on the security features relating to the ballot papers, voting documents and the official mark used by the Commission on ballot papers.  

Party representatives
14. (1) The role of party representatives is similar to that of the party delegates but is limited to electoral areas. The mandate of each party representative runs only within the electoral area for which he or she is appointed.
(2) In order to carry out their functions effectively, the Commission is required to extend full and free right of access to its records in the electoral area in which the party representatives are appointed.
(3) In seeking to obtain information from the offices of the Commission in an electoral area or in exercising the right to check or verify any relevant information, a party representative shall have due regard to the non-partisanship status of the Commission and in the execution of his or her tasks seek to develop good working relationship with the official of the Commission who is designated to accompany the party representative.
(4) In seeking information as to whether or not any officials of the Commission are taking adequate measures to comply with the provisions of the law, a party representative shall make such requests orally or in writing, stating clearly what information is required.
(5) Where the officials of the Commission are not in possession of the information sought, the position shall be conveyed to the party representative promptly and brought to the attention of the Commission. 

Notification of elections
15. (1) The Proclamation in respect of a general election of members of the National Assembly shall be addressed to the Commission in the prescribed Form 2 in Schedule 1.
(2) The Director shall, as soon as practicable after the Proclamation has been made, publish it in the Gazette with an election timetable prepared in accordance with Schedule 2A and of the Act.
(3) The notification under sub-regulation (2) shall specify-
(a) the person appointed to be the returning officer for each constituency;
(b) the date on which nomination of candidates for constituency elections is to close;
(c) the date on which the submission of party lists in accordance with section 49A is to close; and
(d) the date and place within each constituency where and when a nomination court is to consider nominations for constituency elections.

Nomination of candidates
16. (1) An application for the nomination of a candidate for an election in a constituency shall be submitted to the returning officer by the date stated in the election timetable, which in any event shall not be later than 21 days before nomination day.
(2) The nomination form shall state the full name, residential address, occupation, particulars (namely, the name, party’s office and a picture in black and white of the registered official symbol of the political party which endorsed the candidature) of the person to be nominated. If a person’s candidature is not endorsed by a political party, a picture (in black and white) showing the person’s registered official symbol.
(3) The nomination paper shall be signed by the proposer and seconder, both of whom shall be registered electors for the constituency and who shall place their name, addresses and dates of birth on the nomination form.
 

Consent to nomination
17. (1) The validity of a nomination form requires the written consent of the person being nominated as a candidate in a constituency.
(2) If the person referred to in sub-regulation (1) is a candidate of a political party, the nomination form shall be accompanied by a certificate, signed by an office bearer of the party, stating that the person is the candidate of the party at the election for the constituency concerned and containing a representation, in black and white, of the party’s official symbol.
(3) If the person referred to in sub-regulation (1) is not a party candidate, that person shall subscribe to a certificate stating that the person is not a party candidate and submit a representation, in black and white, of the person’s registered official symbol. 

Deposit to be lodged in respect of a constituency candidate
18 (1) A person seeking nomination as a candidate in a constituency shall cause a deposit of M200.00 to be lodged with the returning officer before the close of the proceedings of the nomination court.
(2) Failure to comply with the requirement of sub-regulation (1) shall result in the nomination of the candidate concerned being deemed to have been withdrawn.
(3) Where at an election for a constituency the total number of votes received by an unsuccessful candidate is less than 10 per cent of the number of votes received by all the candidates who contested the election, the deposit lodged by or on behalf of that candidate is forfeited to the Crown.

Objection to nomination of candidate for election in constituencies
19. (1) When the list of persons who have applied for nomination is published, any registered elector or political party may object to any name on the list in the prescribed form (Form 50) within the time allowed in the election schedule.
(2) The Commission shall, within 5 days after the objection has been lodged, consider the objection and take a decision on the matter. In its consideration of an objection, the Commission shall invite the aggrieved person to make representation to the Commission concerning the nomination application.
(3) A person which is aggrieved by a decision of the Commission may appeal to the High Court and such appeal shall be made expeditiously to enable the Court to determine the matter at least 2 days before nomination day.  

Submission of list of candidates under proportional representation
20. (1) A political party who wishes to contest an election under the proportional representation requirement pursuant to section 57 of the Constitution shall submit a list of candidates in the prescribed form (Form 51) to the Director.
(2) The list referred to in sub-regulation (1) shall be arranged in order of preference and shall contain 40 or more candidates, but shall not exceed 120 candidates and may include any candidate who has been nominated for election for a constituency.
(3) The list submitted to the Director pursuant to sub-regulation (1) shall be accompanied by:
(a) an undertaking, duly signed by an authorised representative of the party, from the party binding it, its representatives, office holders and members to the Electoral Code of Conduct (“the Code”);
(b) a declaration, signed by the duly authorised representative of the party, that each candidate on the list is qualified to stand for election in accordance with the Constitution and the Act;
(c) a statement, signed by each candidate on the list, consenting to nomination in the prescribed manner (Form 52); and
(d) a deposit in the amount of M8000.00. 

Non-compliance with procedural requirements
21. (1) Where the Director is satisfied that a political party that submitted a list of candidates has not complied with the provisions of section 49B of the Act, he shall notify the party of its non-compliance.
(2) The notice of non-compliance under sub-regulation (1) shall be in the prescribed form (Form 63) and be given within the time period stated in the election timetable.
(3) The Director shall give the political party an opportunity to remedy the defect and comply with section 49B of the Act. 

Inspection of lists of proportional representation candidates
22. (1) The Director shall give notice when the copies of the lists of candidates and accompanying documents submitted by the political parties pursuant to section 49B of the Act will be ready for inspection at the offices of the Commission.
(2) The notice referred to in sub-regulation (1) shall be given within the time frame set out in the election timetable.
(3) The notice to be given pursuant to sub-regulation (1) shall be in the prescribed form (Form 53) and state the periods and times that the lists will be available for inspection.
(4) The said notice shall be published in the Gazette and in the print or electronic media, as the Director deems proper.
(5) Any person may inspect the lists and the accompanying documentation at the times and places stated in the notice referred to in sub-regulation (1).
(6) The Director shall provide either a certified copy of or an extract from the list of candidates or the accompanying documents referred to in sub-regulation (1) to the registered parties contesting the elections. 

Objection to nomination of a proportional representation candidate
23. (1) The Director or any other person may object to the nomination of a candidate on the list, giving the grounds for the objection.
(2) An objection under sub-regulation (1) may be made on the ground that the candidate is not qualified to stand in the election or the candidate did not sign the required consent to the nomination or the candidate did not sign the undertaking to be bound by the Code.
(3) An objection shall be made in the prescribed manner (Form.54) and within the date stated in the election timetable.
(4) The Commission’s determination of an objection shall be notified to the objector and the political party in the prescribed manner (Form.55) within the time frame stated in the election timetable.
(5) An objector or a political party which is aggrieved by a decision of the Commission may appeal to the High Court in the prescribed manner (Form.56) and within the time stated in the election timetable.
(6) Where the Commission or the High Court finds that a candidate’s nomination does not comply with the requirements of section 49B of the Act, the Commission or the High Court, as the case may be, shall give the political party an opportunity to remedy the defect. 

Proportional representation final list of candidates
24. (1) The Director shall, within the time stated in the election timetable for the purpose, publish a list of the registered parties which are entitled to elect candidates by proportional representation.
(2) The Director shall publish the final list of candidates for each party and make the lists available for public information at the Commission’s offices and in such other places as the Commission deems necessary within the time stated in the election timetable.
(3) The Director shall, within the time stipulated in the election timetable, issue a certificate (Form.57) to each candidate on the final list of candidates, certifying that the person is a candidate in the election. 

Treatment of political parties’ deposits
25. Where a political party contests a general election and submits a list of candidates under section 49B of the Act, but does not win a seat either in a constituency or by proportional representation, its deposit shall be forfeited to the crown.
 

Establishment of polling stations
26. (1) The Director shall cause at least one polling station to be established in each polling district.
(2) The location of a polling station shall be determined after consultation is held with the candidates nominated for the constituency concerned and the representatives of the political parties that are contesting the elections by proportional representation. 

Equipment of polling stations
27. (1) The Director shall have the overall responsibility of ensuring that polling stations are properly equipped in order that an election can be effectively conducted at each station.
(2) The returning officer in each constituency shall cause each polling station to be supplied with adequate quantities of the articles set out in sub-regulation (3).
(3) The articles referred to in sub-regulation (2) are:
(a) voting compartments;
(b) the prescribed ballot boxes (Form 58) for constituency election;
(c) the prescribed ballot boxes for proportional representation election (Form.59);
(d) ballot papers for constituency election (Form 4A in Schedule 1);
(e) ballot papers for proportional representation election (Form 4AA in Schedule 1);
(f) seals, the instruments used for marking the ballot papers with the official mark;
(g) required forms and stationery;
(h) and any other items necessary for conducting an election.
(4) The use of voting compartments at a particular polling station can be dispensed with only if the Director is satisfied that suitable arrangements have been made to protect and maintain the secrecy of the ballot.
(5) The Director shall ensure that each presiding officer at polling places for advance electors is supplied with sufficient election materials to enable polling at those places to be conducted efficiently.

Appointment of polling agents
28. (1) Candidates or a political party may appoint one or more persons as agents.
(2) A candidate or a political party shall not appoint more than two agents for each polling station in a given constituency.
(3) Where a candidate, who is contesting an election, is endorsed by a political party, the candidate and the political party together shall have no more than two agents at a polling station.
(4) In this regulation, the term ‘political party’ means a political party contesting an election of members of the National Assembly by proportional representation even if the party has not nominated a candidate to contest the election in a particular constituency. 

Declaration of secrecy
29. (1) Every person who falls in the category of persons mentioned in sub-regulation (2) shall subscribe to the declaration of secrecy (set out in Form A –29 in Schedule 1) prior to undertaking any election duty.
(2) The declaration of secrecy referred to in sub-regulation (1) applies to:
(a) a returning officer;
(b) deputy returning officer;
(c) a presiding officer for advance electors;
(d) a presiding officer and deputy presiding at a polling station, a polling officer an official witness and a counting officer.
(3) A candidate, candidate’s agent or representative of a political party, or any other person, who has been authorized or entitled to attend shall make the declaration of secrecy while at the polling place, or at the consideration of advance electors’ votes or the counting of the votes.
(4) Returning officers and presiding officers for advance electors shall subscribe to the declaration of secrecy before the Director or a person authorised in writing by the Director. Other persons listed in categories in sub-regulation (2) shall make the declaration of secrecy either before the returning officer concerned or the presiding officer. 

Form of ballot paper-constituency election
30. (1) There are two forms of ballot papers required for use in a general election, namely, ballot papers for election of members of Parliament in constituencies and ballot papers for an election of members of Parliament by proportional representation.
(2) The ballot papers referred to in sub-regulation (1) to be used for election held for the election of members of Parliament in constituencies contain the name of the constituency, date of election, place for the official mark of the presiding officer, the voting instructions, candidate’ s name, political party, symbol of party or of an independent candidate and the column in which the vote is marked.
(3) The ballot paper shall be issued in the form of a book of ballot papers and the following particulars of the candidates shall be printed thereon, in alphabetical order, the surnames and the names of the candidates nominated for election for the constituency concerned.
(4) Where a candidate is a party candidate, the name of the political party that has endorsed the candidate and a picture of the party’s registered official symbol shown in black and white. Where an independent candidate is contesting the election, the word “independent” shall be printed on the ballot paper and a picture of the candidate’s registered official symbol shown in black and white.
(5) The ballot paper for an advance voter may be in form of either Form 4A or Form 4B in Schedule 1, whichever is more suitable and the following instructions are given to the presiding officer for advance electors:
(a) Insert the name of the constituency for which the advance elector is registered.
(b) Insert the date or dates of the polling day or days for the election.
[Before issuing the ballot paper to an elector, the presiding officer shall write in capital letters in the spaces provided:
(i) the surname, Christian or forenames of each of the candidates; and
(ii) in the case of party candidates, the names of the political parties that have endorsed them; and
(iii) in the case of independent candidates, the word
“INDEPENDENT”.
The presiding officer shall then stamp in the spaces provided the registered official symbols (picture in black and white) of those political parties (in the case of party candidates) or those candidates (in the case of independent candidates).
(6) Where the number of ballot papers in Form 4A in Schedule 1 is insufficient to enable all electors who wish to do so to vote at a polling station, the presiding officer shall, if they are available, issue those electors with ballot papers that are in accordance with Form B in that Schedule.
(7) The counterfoil of each ballot paper shall contain the name of the constituency, date of the election, ballot paper number and the identifying number of the elector to whom the ballot paper is issued.  

Form of ballot paper-proportional representation election
31. (1) In a general election, the Director shall cause ballot papers to be printed and issued for use for the election by proportional representation (‘the party vote’).
(2) The ballot papers referred to in sub-regulation (1), shall be in a book of ballot papers and shall be in the form of Form 4AA in Schedule 1 and contain the date of the election; a place for the official mark of presiding officer; voting instructions, names of political parties; each party symbol and a box within which to mark the vote. Each party’s name and symbol shall be placed to the left of the box, where the marking of the vote for the party is to be placed.
(3) The ballot papers to be used for the party vote shall be of a different colour from the paper used for the ballot papers used for the constituency vote.
(4) The parties shall appear on the ballot paper in alphabetical order. 

Advance electors
32. (1) The consideration of applications by persons to vote as advance electors shall be done in a transparent manner whereby candidates for election in the constituencies or their agents are given notice in a timely way to attend the consideration of the applications.
(2) Where it appears that there are multiple applications from an elector, each application shall be closely examined and if it is determined that the applications were made by the same elector, the returning officer shall deal with the earliest completed application which has no defect, and reject all other applications from the same elector.
(3) The returning officer shall certify the number of advance electors for each constituency, using the prescribed form (Form 60).
(4) At the invitation of the returning officer, the candidates and the political parties contesting the election shall sign the certificate referred to in sub-regulation (3), if they are satisfied that it is in order. 

Voting procedure for advance electors
33. (1) A presiding officer for advance electors, upon receiving an approved application of an elector who has produced his or her voter’s registration card, shall proceed as follows:
(a) write the identifying number of the elector in the appropriate place on the counterfoils attached to the ballot papers to be issued to that elector;
(b) write on the front of the ballot envelopes the name of the constituency;
(c) write on the front of a covering envelope, the address of the returning officer to whom the application shall be sent and write on the back of the envelope the name of the constituency;
(d) tear the ballot papers from the corresponding counterfoils; and
(e) place on the ballot papers, ballot envelope and covering envelope the official mark in the spaces provided.
(2) The presiding officer shall then issue the ballot papers and the ballot envelope to the applicant and direct him or her to the voting compartment to cast the votes in secret.
(3) The applicant shall vote by placing a tick, cross or other mark in the square adjacent to the name of the candidate for whom the applicant wishes to vote with respect to a constituency election and the political party for whom the applicant wishes to vote in respect of the proportional representation election.
(4) The applicant then shall fold the ballot papers in a manner that the official mark on the paper is visible. The applicant shall allow the presiding or polling officer to inspect the folded ballot papers to see that they are properly folded before placing them in the ballot envelope. The applicant shall allow the indelible mark to be placed on his/her person in accordance with the Gazetted notice by the Director on this matter.
(5) If the advance elector, in an attempt to vote, spoils the ballot paper or envelope inadvertently or does anything that would render the vote invalid, the elector may return the ballot paper or ballot envelope to the presiding officer. If the presiding officer is satisfied of the inadvertence, he or she shall first cancel the spoiled ballot or ballot envelope by writing the word “cancelled” on its face and on the corresponding counterfoil and retain it, while giving the advance elector another ballot paper. 

Treatment of votes and election materials after advance electors’ voting
34. (1) Where a special presiding officer conducts the voting, that officer shall, for each constituency, arrange for the covering envelope to be hand delivered or sent by registered post to the returning officer for that constituency.
(2) When a returning officer for a constituency receives a covering envelope from a special presiding officer, the returning officer shall arrange for the presence of the candidates, their agents and the authorised representatives of political parties, who were present on polling day for advance voting.
(3) The returning officer shall break open the seal to the ballot box for advance voters in the presence of the persons referred to in sub-regulation (2) and then place the individual covering envelope in the ballot box for advance voters and invite the said persons to note the number of covering envelopes in the ballot box.
(4) The returning officer shall then reconcile the envelopes with the number of certificates issued, reseal the box and allow the candidates, agents and representatives to affix their own seals, if they wish to do so.
(5) Where the polling was conducted by a presiding officer, he or she shall return in the several packets stipulated in the Act, the election materials, including the ballot envelopes with the official mark, used for the election of advance electors, to the Director.
(6) Before sending the packets to the Director, the presiding officer shall seal the packets and allow any candidates, candidates’ agent or authorised representatives of political parties present at the polling place to affix their seals, if they wish to do so.
(7) The presiding officer shall again put a temporary seal on the ballot box with the officer’s own seal and allow candidates, candidates’ agents or authorised representatives of political parties present at the polling place to affix their seals.
(8) The presiding officer shall arrange, as soon as practicable, for the packets to be delivered to the Director or his nominee.
(9) In order to enhance the secrecy of the vote, the returning officer for a constituency shall designate a polling station where the ballot papers of advance voters shall be mixed with other ballot papers and the returning officer shall notify all the candidates of designated polling station using Form 64. 

Voting at an election
35. (1) In order to vote at a polling station for a polling district within a constituency, the person’s name shall be on the electoral list and that person shall be in possession of a valid voter registration card.
(2) If a person’s name appears on the electoral list for a polling district, but that person is without a voter’s registration card, that person shall provide proof that the card had been lost, defaced or otherwise destroyed and he or she shall also provide proof of identity, which may be a passport, driver’s licence or have proof of identity verified by an official witness. 

Voting procedure
36. (1) Voting at a polling station shall be done by secret ballot and a person who wishes to vote at a polling station shall apply in person at the polling station for the ballot papers.
(2) A person wishing to vote at a polling station shall place or allow to be placed an indelible mark on the index finger of his or her left hand or if the applicant has only a right hand, on the index finger of his or her right hand. If a person wishing to vote has a left hand with no index finger on it and has no right hand, but has a thumb and other fingers on the left hand, the indelible mark shall be placed on the thumb, and if there is no thumb, on any of the other fingers.
(3) The applicant shall produce his or her voter’s registration card. The polling officer shall then enter on the counterfoils attached to the ballot papers that are to be issued to the applicant the identity number of the applicant that appears on the applicant’s voter’s registration card. The polling officer shall then tear the ballot papers from the corresponding counterfoils and stamp the official mark on the back of each of the ballot papers and hand the ballot papers to the applicant. The polling officer shall then draw a line in ink through the applicant’s name and identifying number in the certified copy of the electoral list to indicate that the applicant has voted.
(4) When the applicant is given the first of the two ballot papers, that is, the ballot paper for the constituency election, he or she shall take it to a vacant compartment and without delay, vote by placing a tick, cross or some other mark on a square adjacent to the name of the candidate for whom the applicant wishes to vote.
(5) The applicant shall then fold the ballot paper so that the official mark on the back of the paper is visible and hold the paper in such a manner so that the presiding officer, or a polling officer in charge of the ballot box, can recognise the ballot paper while the applicant is leaving the voting compartment. The applicant shall return the folded ballot paper for inspection by the presiding officer, or polling officer in charge of the ballot box, who after being satisfied with the ballot papers, hands the ballot papers back to the elector. The applicant shall allow the indelible mark to be placed on his or her person on a place prescribed, as gazetted by the Director. The applicant shall then place the ballot paper in the ballot box provided for the purpose in the presence of the presiding officer or the polling officer in charge of the ballot box.
(6) The voting procedure in sub-regulation (5) also applies to casting ballot papers for the party vote.
(7) The procedure set out in sub-regulation (5) shall apply to the party vote even if there is no election in a particular constituency.
(8) The close of the poll under regulation 37 (1) does not prevent any person from voting who wishes to vote and is in the immediate vicinity of the polling station at 5 p.m., and polling is extended until all those persons have voted. 

Counting the votes at polling stations
37. (1) At the close of the poll, the presiding officer shall close the polling station in the presence of the candidates, or agents and authorised representatives of political parties.
(2) The presiding officer shall separate the ballot boxes into those that contain ballots for the constituency election and those that contain the ballots for party election and reconcile the number of ballot papers issued as against the number of electors, whose names and identifying numbers were marked out on the extract of the certified list of electors at the polling station. The reconciliation shall be signed by the presiding officer and the agents of candidates and political parties.
(3) The presiding officer shall then open the ballot boxes and direct the counting officers present to count, separately, the number of votes cast for each of the candidates in respect of the constituency elections and each of the political parties in respect of the party election.
(4) The counting officer shall check the ballot papers to ensure that they bear the official mark and if they do not, the counting officer shall hand them to the officer presiding. The counting officer shall turn the ballot papers so that the votes face upwards and count the number of votes recorded for each candidate or political party as the case may be.
(5) If during the counting of the votes, a counting officer finds a ballot paper in a ballot box that is the receptacle for the ballot papers of the other election, the counting officer shall give that ballot paper to the presiding officer, who shall examine the ballot paper in the presence of the candidates, or agents and authorised representatives and determine whether the ballot paper shall be included in that other election ballot papers.
(6) If a counting officer is uncertain about the validity of a ballot paper or the candidate for whom it should be counted, the counting officer shall refer the ballot paper to the presiding officer for further scrutiny.
(7) A candidate or agent may object to the allowance or rejection of a ballot paper during the counting of the votes. The presiding officer shall make a careful consideration of each ballot paper referred to him or her before deciding whether it should be allowed or rejected.
(8) Where the presiding officer rejects a ballot paper under sub-regulation (7), he or she shall write on the back of the paper the word “rejected” and if an objection to the allowance is made by the candidate or an agent, add the words “allowance objected to”.
(9) Where the presiding officer allows a ballot paper referred to him or her, or objected to, he or she shall write the word “allowed” and the name of the candidate or political party for whom it is counted. If there is an objection to the allowance made by a candidate or political party- add the words “allowance objected to”.
(10) The presiding officer shall record on the prescribed form (Forms 61 and 61A) the number of votes cast at the polling station for each candidate in respect of the constituency election and for each political party in respect of the party election and then sign the form and invite the candidates and agents to either sign the form or register a protest.
(11) The presiding officer shall then announce, both inside and outside the station, the result of the voting at the station and arrange for the form and the result of the voting to be conveyed to the returning officer by the quickest available means.
(12) The presiding officer shall give a copy of the completed form to each candidate or each agent appointed to represent a political party.
(13) If a candidate or an agent refuses to either sign the form referred to in sub-regulation (10) or to register a protest, that candidate or the political party represented by that agent may not challenge the count in respect of that constituency. 

Recounting of votes
38. (1) A recount may be ordered by the High Court at any time before the returning officer for a constituency declares the results of an election for the constituency and the returning officer shall arrange for all or some of the ballot papers used at the election to be recounted.
(2) Where a recount of the votes is ordered and for any reason, such as theft or accident, the packets of ballot papers used by the electors for voting at the polling station are not delivered to the returning office, the number of votes recorded for each candidate as counted at the polling station is, subject to the High Court ruling otherwise, to be the number of votes recorded by the presiding officer at the polling station. 

Declaration of results
39. (1) The returning officer for the constituency shall, when the counting of votes (including recount if any) is completed, record on the prescribed election result forms (Forms 62/62A), the number of votes recorded for each candidate in respect of the constituency election and for each political party in respect of the party election.
(2) The returning officer’s declaration under sub-regulation (1) is provisional.
(3) The Commission shall declare the results of a general election within 7 days of the election date. The Commission shall determine the result by-
(a) declaring the names of the successful candidates elected in each of the constituencies;
(b) adding the results received from all the voting stations and allocating seats to the political parties pursuant to section 92A and Schedule 5;
(c) identifying the successful candidates on the list by political parties on the basis of priority, after removing the names of any candidates who may have been elected to a constituency or withdrawn their candidacy or died.
(4) Where the Commission is unable to declare the results of a general election within 7 days in accordance with sub-regulation (3), on application to the High Court, showing good cause, the Court may extend the period within which the Commission shall declare the results of a general election.
(5) The Commission shall publish in the Gazette the full names, addresses and occupations of the members elected together with the names of their constituencies, where applicable. 

Allocation of seats in accordance with proportional representation
40. (1) Political parties shall be allocated forty seats on a proportional representation principle provided for in section 57 of the Constitution.
(2) The formula for allocating the seats referred to in sub-regulation (1) is set out in Schedule 5 to the Act.
(3) The main steps in applying the formula mentioned in sub-regulation (2) are as follows:
(a) the Commission shall determine the total votes (referred to in Schedule 5 as ‘total votes’) cast for all political parties contesting the elections;
(b) the Commission shall then determine the total votes for each political party (referred to in Schedule 5 as ‘total party votes’);
(c) the Commission next shall determine the number of votes required for the allocation of a seat;
(d) the determination of the number of votes required for the allocation of a seat is done by dividing the total votes by 120 or any number of constituencies that successfully contested elections [minus independent seats] plus forty PR seats and rounding off to the next number, including a whole number, any decimal fraction; the figure which results is referred to in Schedule 5 as the ‘quota of votes’;
(e) the Commission shall then determine the provisional total number of seats in the National Assembly to which each political party is entitled based on its share of the total vote. This is called the ‘ provisional allocation of the total number of seats’.
(4) The provisional total number of seats in the National Assembly to which each political party is entitled is determined by dividing each party’s party votes by the quota of votes, and the resulting number is referred to the party’s quota of votes.
(5) The Commission shall allocate seats to each party equal to the party’s quota of votes without taking account of any decimal fraction.
(6) The Commission shall then add all the seats allocated to parties and deduct that total from the total number of seats in the National Assembly.
(7) If the total number of provisionally allocated seats under sub-regulation (6) is less than the number of seats in National Assembly, the remaining seats shall be allocated in the following manner:
(a) the first remaining seat shall be allocated to the political party with highest decimal fraction arising from the calculation of the party’s quota of votes;
(b) the next remaining seat shall be allocated to the political party with the next highest decimal fraction; and
(c) each further remaining seat shall be allocated to each political party with the next highest decimal fraction.
(8) The Commission shall next determine each party’s provisional allocation of proportional representation seats by deducting the number of seats won by the party in the constituency elections from the total seats allocated under sub-regulation (5) and (7). The resulting number of seats is known in Schedule 5 of the Act as “the party’s provisional allocation of compensatory seats”
(9) The Commission shall then add the total number of compensatory seats provisionally allocated under sub-regulation (7) and if the resulting total amounts to the same number of seats set aside for proportional representation, the provisional allocation shall be the final allocation.
(10) If the total referred to sub-regulation (9) amounts to more than the total number of seats set aside for proportional representation, the Commission shall determine the final allocation of seats in the following manner:
(a) the seats acquired by a political party that has acquired more seats- or the same number of seats- in the constituency elections than it is entitled to under the provisional allocation of total seats shall be its final allocation;
(b) the Commission shall deduct the seats acquired by any political party contemplated in sub-regulation (4) from the total number of seats in the National Assembly;
(c) the Commission shall then allocate to the remaining parties the numbers of seats that are available for allocation by following the same procedure contained in sub-regulation (5) (6), (7), (8) and to (9) but on the basis of the number calculated under sub-regulation (4).
(11) Where in any calculation two or more parties receive the same quota of votes or the same decimal fraction as a result of division and there are not sufficient seats to be allocated to both or all of the parties, the Commission shall allocate the seats in the following manner:
(a) the party with less seats than the provisional allocation shall be given preference; and
(b) in all other cases by lot administered by the Commission in the presence of the parties affected.
(12) In applying the provisions of this regulation all fractions shall be allocated to as many decimal places as may be necessary to distinguish between them but to at least 5 decimal places and the examples given in Schedule 5 of the Act may facilitate application of this regulation. 

Submission of complaint
41. (1) Any person with legitimate interest may submit a complaint in writing in the prescribed form (Form 65) to the Director about any irregularity in the electoral process.
(2) Any person may submit a complaint concerning the contravention of the Electoral Code of Conduct in writing in the prescribed form (Form 66) to Director of Elections.
 

Director to consider complaint
42. (1) The Director shall deal with a complaint, submitted under sub-regulation 41(1) within 10 days after its submission. The Director shall afford the person who submitted the complaint the opportunity to appear before him or her in person, with or without legal representation, to explain the complaint and the redress, which is being sought. When considering the complaint, the Director may request further information from the complainant.
(2) The Director may deal with a complaint submitted to the Director under sub-regulation 41(2) within 10 days after its submission; or the Director may cause the complaint, submitted under sub-regulation 41(2) to be referred immediately to a conciliator under regulation 44. 

Appointment of conciliator
43. (1) If the Director fails to resolve the complaint satisfactorily within the period set out in the preceding sub-regulations 42(1) and (42)(b), the Director shall, within 7 days, refer the matter to the Commission, which shall, within 7 days, appoint a conciliator to inquire into the complaint with a view to resolving it.
(2) Where the Director refers a complaint immediately to the Commission to appoint a conciliator the Commission shall appoint a conciliator within 7 days after the request of the Director has been received. 

Consideration of complaint by conciliator
44. (1) A conciliator appointed by the Commission under regulation 43 of these Regulations to consider a complaint about irregularities in the election process shall, within 21days of appointment, inquire into the complaint with a view to resolving the matter. If the conciliator fails to resolve the complaint in the period stated in this regulation, he or she shall prepare a report in the prescribed form (Form 67) and submit it to the Commission with recommendations.
(2) Where a conciliator appointed by the Commission under regulation 43 of the regulations, to consider a complaint concerning the contravention of the Electoral Code, fails to resolve the complaint within the period of 21 days of the appointment, the conciliator shall so report to the Commission.  

Commission to consider conciliator’s report on election irregularity complaint
45. (1) Where the conciliator fails to resolve a complaint submitted under sub-regulation 41(1) and submits a report to the Commission pursuant regulation 44 of these Regulations, the Commission shall consider the report of the conciliator.
(2) The Commission shall then make a decision on the complaint within 7 days and inform the complainant.
 

Appeal to High Court
46. Any person with legitimate interest who is not satisfied with the decision of the Commission under sub-regulation 45(2) may appeal against that decision to the High Court. 

Conciliator’s report on Code of Conduct complaint
47. Where the conciliator fails to resolve a complaint submitted under sub-regulation 41(2) and submits a report to the Commission pursuant to regulation 44 of these Regulations, the Commission shall consider the report. 

Appointment of tribunal
48. (1) The Commission, having considered the conciliator’s report under regulation 47, shall appoint a tribunal within 14 days of receipt of the report to consider and determine the complaint, and inform the complainant of that decision.
(2) In determining the complaint, the tribunal shall allow a hearing from the complainant or the complainant’s representative. 

Determination by the tribunal
49. A determination by the tribunal under regulation 48 is final. 

Repeal
50. Schedule 1 to the National Assembly Election Act 1992 is amended as set out in the Schedule to these Regulations. 

Amendment of Schedule
51. The National Assembly Election Regulations 19982 are repealed.
___________________________
CHAIRMAN OF THE INDEPENDENT ELECTORAL COMMISSION

1 Act No. 10 of 1992 as amended by Act
• No. 14 of 1992
• No. 20 of 1992
• No. 26 of 1992
• No. 1 of 1993
• No. 10 of 1993
• No. 20 of 1993
• No. 8 of 1997
• No. 1 of 2000
• No.16 of 2001
2 L. N. No. of 1998