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Persons who may be present at count.

Section 102 of the Representation of the People Act (Cap. 1:03) states:-

(1) No person, other than –

  1. the Chief Election Officer and such staff appointed under section 7(d) as he may designate to assist him in the counting;

  2. members of the Commission;

  3. candidates appointed under subsection (2);

  4. election agents;

Election Officer, have good reason to be present shall be present at the counting of the votes cast under Part VII.

(2) The election agent of each group of candidates may appoint one of the candidates for the purposes of subsection (1)(c).

(3) Notice in writing of such appointment, stating the name and address of the candidate, shall be signed by the election agent and delivered to the Chief Election Officer not later than the 7th day before election day.

(4) There shall not be more than one candidate appointed from the same list of candidates for the said purposes.

(5) The Chief Election Officer shall give persons present by virtue of subsection (1) (c) or (d) all such reasonable facilities for overseeing the proceedings and all such information with respect thereto as he can give them consistent with the orderly conduct of the proceedings and with the discharge of his duties in connection therewith.

Method of counting non-resident electors’ votes

Section 103 of the Representation of the People Act (Cap. 1:03) states:-

(1) The Chief Election Officer shall, as soon as practicable after the discharge of his functions assigned by Part VII with reference to election day, in the presence of such of the persons entitled under section 102(1) to be present as attend –

  1. open each ballot box used for the purposes of that Part;

  2. take out the ballot papers;

  3. mix together the ballot papers which were contained in each ballot box;

  4. count and record the number of such votes for each list of candidates as were case in each ballot box.

(2) The provisions of section 98(2), (3), (4) and (5) shall, as they apply in relation to the counting of votes by a returning officer, apply mutatia mutandis in relation to the counting of votes under this section:

Provided that subsection (4) aforesaid shall, in its application by virtue of the foregoing provisions of this subsection, have effect as if for the reference in that subsection to a counting agent there had been substituted reference to an election agent.

Recounts of non-resident electors’ votes

Section 104 of the Representation of the People Act (Cap. 1:03) states:-

A candidate appointed under section 102 or an election agent may, when the counting or recounting of the votes cast in any ballot box is completed in conformity with section 103(1)(e), request the Chief Election Officer to have the votes recounted or again recounted, but the Chief Election Officer may refuse such request if in his opinion it is unreasonable.

Procedure on conclusion of count of non-resident electors’ votes

Section 105 of the Representation of the People Act (Cap. 1:03) states:-

(1) Upon the conclusion of the counting of the votes under this Part the Chief Election Officer, in the presence of such of the persons entitled under section 102 (1) to be present as attended, shall –

  1. seal in separate packets the counted and rejected ballot papers;

  2. prepare a written statement as to the result of the verification of the non-resident electors’ ballot papers accounts under section 63(3) and on request allow any candidate appointed under section 102 or election agent present to make a copy thereof;

  3. publicly declare the aggregate number of valid votes cast under section 62(1) for each list of candidates;

  4. record, in Form 25, the number of –

(i) valid votes cast as aforesaid for each list of candidates;

(ii) rejected ballot papers together with, in each case, the reason for rejection;

(iii) persons who appear to have voted under Part VII.

(2) Any candidate appointed as aforesaid or election agent may copy the record made under subsection (1)(d).

Delegation of Chief Election Officer functions under this Part

Section 106 of the Representation of the People Act (Cap. 1:03) states:-

The Chief Election Officer may delegate to any overseas presiding officers deputed under section 65 his functions, or any of them, under section 103, 104 and 105, and such officers shall, subject to any general or special directions given by the Chief Election Officer, have and exercise all the powers and perform all the duties, delegated under this section to them, respectively.

 

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