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Definitions

Section 66 of the Representation of the People Act (Cap. 1:03) states:-

(1) In this Part (Part VIII)–

“ballot attendant” means a person appointed as such under section 69;

“balloting place” means a place appointed as a balloting place under section 68;

“ballot officer” means a person appointed as such under section 68;

“specified disciplined force” means a disciplined force specified for the purposes of this Part by order under section 67.

Application of Part (Part VIII)

Section 67 of the Representation of the People Act (Cap. 1:03) states:-

In order to allow members of any disciplined force or disciplined forces to exercise their right to vote at an election without affecting the performance by them of their duties on the election day, the Elections Commission may by order direct that the provisions of this Part shall apply to the exercise of that right, by any member of such disciplined force or disciplined forces as maybe specified in the order, in an election and if the Elections Commission makes such an order the provisions of this Part shall apply to voting by any member of a specified disciplined force or specified disciplined forces at any election held after the date of the order.

Appointment of ballot officers, ballot attendants and balloting places for the purposes of this Part (Part VIII)

Section 68 of the Representation of the People Act (Cap. 1:03) states:-

(1) The Chief Election Officer shall appoint by notification in the Gazette –

  1. one ballot officer for each of the specified disciplined forces;

  2. such number of ballot attendants, as he thinks fit, so that there will be one ballot attendant for each balloting place; and

  3. such place or places, as he thinks fit, in each district as balloting place or balloting places.

(2) Different ballot attendants and different balloting places may be appointed in relation to electors who are members of different specified disciplined forces.

(3) A ballot clerk may be appointed by the Chief Election Officer in relation to a balloting place:

Provided that it shall be lawful for the Chief Election Officer to appoint the same person as ballot attendant and ballot clerk.

List of electors entitled to vote under this Part (Part VIII)

Section 69 of the Representation of the People Act (Cap. 1:03) states:-

(1) Each ballot officer shall prepare a list of persons whose names are on any official list of electors ad who are members of the specified disciplined force, in relation to which he has been appointed ballot officer.

(2) The List prepared by a ballot officer under subsection (1) shall be divided into parts according to the division, in the official list of electors for which the names of the persons mentioned in that part are included, and shall state the registration card number of each such person, his serial number of registration in the official list of electors to which division the official list of electors relates, the district in which that division is situate, and such other particulars as may be prescribed by the Elections Commission by regulations.

(3) Each of the ballot officers shall forward a copy of the list prepared by him under subsection (1) (but excluding therefrom the names of the persons referred to in the proviso to section 70 (6) to the Chief Election Officer.

(4) The Chief Election Officer shall forward those parts of the copy of the list referred to in subsection (3) as are relevant in respect of the divisions in any district to the returning officer of that district and the returning officer shall cause to be displayed at each polling place in the district the names and other particulars included in the copy of the list, referred to in subsection (1), of those who are, but for this Part, entitled to vote at that polling place.

Balloting

Section 70 of the Representation of the People Act (Cap. 1:03) states:-

(1) The Chief Election Officer shall by notification of the Gazette appoint a day on which, and the hours during which, persons entitled to vote under this Part may ballot and different days and hours may be appointed in relation to different balloting places:

Provided that any day appointed under this subsection for balloting shall not be more than ten days earlier than the election day or later than five days before the election day.

(2) The Chief Election Officer shall forward to each ballot officer sufficient number of ballot papers having regard to the names in the copy of the list forwarded by that ballot officer to the Chief Election Officer under section 69 (3) and each such ballot paper shall be stamped by the Chief Election Officer, with the words “DISCIPLINED FORCES”.

(3) The ballot officer shall, before the hour appointed for the commencement of balloting under this Part at a balloting place, cause to be displayed at the balloting place a list containing the names, and other particulars referred to in section 69(2), of the persons entitled to ballot under this Part at that balloting place, such names being of persons who are, but for this Part, entitled to vote at a polling place in the district where that balloting place is situate.

(4) The ballot officer shall cause to be supplied to the ballot attendant for a balloting place, the day before the day fixed for balloting at that balloting place, sufficient number of ballot papers having regard to the names in the list, referred to in subsection (3), of persons entitled to ballot at that balloting place.

(5) Any person whose name is on a list prepared by a ballot officer under section 69(1) and who desires to vote at an election may exercise his right to ballot under this Part at the balloting place where a list containing his name is displayed under subsection (3).

(6) Nothing in this Part shall be deemed to prevent any person whose name is included in a list prepared under section 69(1) from exercising his right to vote in accordance with any other provision of this Act and not in accordance with this Part:

Provided that where any such person desires to vote in accordance with any other provision of this Act he shall intimate the ballot officer in relation to such list wherein his name is included, not later than fifteen days before the day appointed under subsection (1) for balloting at the balloting place where he is entitled to ballot under this Part, of his desire so to do and thereupon the ballot officer shall make a note of it in that list and his name shall not be included in the list referred to in subsection (3) or in the copy of the list referred to in section 69(3) and forwarded by the ballot officer to the Chief Election Officer.

(7) Subject to the provisions of this Part, the provisions of this Act in relation to presiding officers and their functions, polling clerks and their functions, polling places, preparation for poll and polling shall mutates mutandis apply respectively to, and in relation to ballot attendants, ballot clerks, balloting places, preparation for ballot and balloting under this Part.

Ballot attendant to hand over ballot box to ballot officer

Section 71 of the Representation of the People Act (Cap. 1:03) states:-

(1) As soon as possible after the expiry of the hour appointed for the closing of balloting in relation to a balloting place, on the day of the balloting, the ballot attendant shall deliver personally the sealed ballot box containing the sealed envelopes with the marked ballots and the sealed packets referred to in section 93 (10) (b) together with the key of the ballot box to the ballot officer.

(2) The ballot attendant shall be responsible for the safe custody of the ballot box and the aforesaid sealed packets until they are delivered to the ballot officer under subsection (1) and thereafter the ballot officer shall deliver them to the Chief Election Officer who shall be responsible for their safe custody.

(3) The provisions of 62A as they apply in relation to the non-resident elector’s ballot shall apply mutates mutandis to voting by the disciplined forces.”

Provided that in their application by virtue of this subsection, sections 98, 99 and 101 shall have effect as if for the reference in those sections to a counting agent there had been substituted reference to an election agent.

Application of certain provisions relating to penalties to balloting under this Part (Part VIII).

Section 72 of the Representation of the People Act (Cap. 1:03) states:-

(1) The provisions of section 131, 134(1)(a), 138(a) in so far as it relates to voting on his own behalf, 138(a) and (b), 138(d) (i) and (ii), 141, 142, 143(),(b),(c),(d),(h) and (i), 143(c) and (f) in so far as they relate to vote of any elector at an election, 144 in so far as it relates to voting in person and 149, shall apply in relation to balloting under this Part subject o the modification that references therein to –

  1. poll and voting shall be construed as references to balloting under this Part; and

  2. a poll clerk and presiding officer shall be construed as references to a ballot clerk and ballot attendant respectively.

(2) Subsection (1) shall not be deemed to modify the law relating to any other offences under this Act.

Modification, etc. of provisions of Act

Section 73 of the Representation of the People Act (Cap. 1:03) states:-

(1) in order to give effect to the right of an elector, who is a member of any of the disciplined forces, to exercise his right to ballot in accordance with the provisions of this Part, and consistently with the interests of defence, public safety and public order, the Elections Commission may by order direct that the provisions of this Act, other than the provisions of this Part, shall apply to, and in relation to, the exercise by members of the disciplined forces of any right they have to vote at an election, with such adaptations, modifications, exceptions or qualifications as may be specified in the order.

(2) An order made under subsection (1) shall be subject to negative resolution of the National Assembly.

Over-riding effect of this Part (Part VIII)

Section 74 of the Representation of the People Act (Cap. 1:03) states:-

The Provisions of this Part shall have effect notwithstanding anything contained in any other Part of this Act.

 

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