MiLAWYER
Sign inJoin free

Law library · Sierra Leone · The Public Elections Act, 2022

Section 104, The Public Elections Act, 2022

Status not yet checkedThe Public Elections Act, 2022, Sierra Leone

A person shall present himself for nomination for electionto a local council ether as, Mayor, Chairperson or as a Councillor. 58 59 Counting of votes in election of Paramount Chief members. Persons who may be present at counting of votes. Officer's duties at conclusion of counting. fee for Mayoral Chairperson fees for councillors. Form of local council 112. A person who- (a) makes a false statement in an application for registration as a voter knowing it to be false; (b) after demand or requisition made of him under this Act and without just cause, fails to give the information in his possession or does not give the information within the time specified; (c) in the name of another person, whether living, dead or fictitious, signs an application form for registration as a voter to have that other person registered as a voter; (d) transmits or is concerned with transmitting to a person as genuine a declaration relating to registration which is false in a material particular, knowing it to be false; (e) without lawful authority, destroys, mutilates, defaces or removes or makes an alteration in any notice or document required for the purpose of registration under this Act; (f) knowingly gives false information or makes a false statement with reference to an application for registration of his name or with reference to an objection to the retention of the name of a person in the Register of Voters; (g) challenges or objects to the inclusion of the name of another person in the Register of Voters on a ground he knows to be false; (h) offers anything of actual or prospective value to a person to induce that person not to register as a voter; registration to vote. (g) by himself or another person procure the registration of himself or any other person on the Register of Voters knowing that he or the other person is not entitled to be registered on that Register or is already registered on it, (2) A person who commits an offence under subsection (1) shall, in addition to the penalty prescribed in that subsection, not be eligible to vote in that election or in the next election. (3) A person who knowingly aids and abates another person to register as a voter more than once, commits an offence and is liable on conviction to a fine of not less than 20,000 Leones or to imprisonment for a term of 5 years or to both the fine and imprisonment. 114. (1) A person who- (a) without lawful authority, makes, prepares, prints or is in possession of a document or paper purporting to be a Register of Voters or any part of the Register; or (b) without lawful authority, copies or possesses any part of a Register of Voters or any copy of the Register; or (c) forges, counterfeits, alters, defaces or fraudulently destroys any Register of Voters or any part of the Register; commits an offence and is liable on conviction to a fine of not less than 20,000 Leones or to imprisonment for a term of 5 years or to both Register of Voters. (i) presents himself to be or does any act whereby he is by whatever name or description howsoever, included in the Register of Voters for an electoral area in which he is not entitled to be registered; or (j) having been disqualified from registering as a voter under an enactment, applies to be registered as a voter; (k) publishes a statement or report which he knows to be false or does not believe to be true so as to prevent persons who are qualified to register from registering as voters; (l) impedes or obstructs a Registration Officer or a Revision Officer in the performance of his duties; or (m) without lawful authority, wears the identification of a registration officer or assistant registration officer or wears any other identification purporting to be the identification of a Registration Officer or an Assistant Registration Officer; (n) by himself or any other person procures the registration of himself or any other person on the Register of Voters knowing that he or that other person is not entitled to be registered on that Register or is already registered on it; (o) by himself or any other person procures the registration of a dead or fictitious person; or (p) carries out registration of voters or revision of the Register of Voters at a centre or place not authorised or designated by the Electoral Commission, than 20,000 Leones or to imprisonment for a term of 5 years or to both the fine and imprisonment. 113. (1) A person who- (a) being registered as a voter in a Register of registration Voters applies again to be as a voter; (b) registers as a voter in more than one ward or more than once in a ward for an election; (c) in the Register of Voters otherwise than in substitution for his subsisting registration; (d) in the same Register of Voters having applied to be registered in a Register of Voters in a ward and which application has not been granted or has been rejected, applies to be registered in the Register of Voters for the same ward or in the Register of Voters for nother ward; (e) simultaneously makes 2 or more applications to be registered as a voter; (f) presents himself to be or does any act whereby he is by whatever name or description included in the Register of Voters for an electoral area in which he is not entitled to be registered; or 62 63 multiple as a voter. (2) A person who hinders or obstructs a field registrar in the execution of his duties commits an offence and is liable, on conviction to a fine not lessthan 10,000 Leones or to imprisonment to a term not exceeding 2 years. (3) A person who knowingly causes his name to be included in a a provisional list while not entitled to be registered or a Registration Officer who knowingly includes the name of a person who is not entitled to be registered commits an offence and is liable, on conviction, to a fine not lessthan 10,000 Leones or to imprisonment for a term of 2 years. (4) A person who makes a statutory declarations in the form prescribed in the Fourth Schedule, which he knows to be false in a material particular, or recklessly, whether it is true or not, commits an offence and is liable, on conviction, to a fine not lessthan 50,000 Leones or to a term of imprisonment not less than 3 years or to both 115. (1) A person who- (a) forges a voter registration card; or (b) unlawfully retains, seizes or possesses a voter registration card, counterfoil book, registration stamp or anything in use at a registration centre; or (c) without lawful authority makes, prepares, or prints a document of paper purporting to be a voter registration card, (d) being entitled to a voter registration card, gives it to a person other than an electoral officer acting in the course of his lawful duty under this Act, for use at an election; (e) not being an electoral officer acting in the course of his duty under this Act, receives a voter cards, etc. (h) without lawful authority, destroys, takes, opens or otherwise interferes with a ballot box or packet or ballot papers then in use for the purposes of the election; (i) being authorised by the Electoral Commission to print ballot papers prints more than the number or quantity authorised by the Commission; (j) without lawful authority has in his possession a ballot paper; (k) without authority destroys, takes, opens, disposes of or otherwise interferes with an election material in use or intended to be used for the purposes of an election; (l) without lawful authority prints a ballot paper or what purports to be or is capable of being used as a ballot paper; (m) for the purposes of an election, manufactures, constructs, imports, has in his possession, supplies or uses, or causes to be manufactured, constructed, imported, supplied or used, an appliance, device or mechanism by which a ballot paper may be extracted, affected or manipulated after having been deposited in a ballot box during the polling at an election; or (n) not being authorised to do so under this Act, makes a mark on a ballot paper issued to a person other than to himself, than 20,000 Leones or to imprisonment for a term of 5 years or to both the fine and imprisonment. voter registration card in the name of another person for use at an election and uses the card fraudulently; (f) without lawful authority or excuse has in his possession more than one voter registration card; (g) is in unlawful possession of a voter's card whether issued in the name of a voter or not; (h) procures or deals with a voter registration card otherwise than as provided in this Act, (2) A person who issues a duplicate voter registration card to a voter on polling day or less than 14 days before polling day 20,000 Leones or to imprisonment for a term not lessthan 5 years. 116. A person who- (a) sells or attempts to sell or offers to sell any voter card whether issued in the registration name of any voter or not; or (b) buys or offers to buy any voter registration card whether on his own behalf or on behalf of any other person, 117. A person who- (a) forges or fraudulently defaces or knowingly destroys the nomination papers of a candidate or the list of endorsed candidates of a political party; (b) delivers to another person or authority to whom nomination papers or lists of endorsed candidates of political parties are required to be delivered by this Act, a nomination paper or list of endorsed candidates of a political party knowing it to be forged; (c) signs a nomination paper as a candidate in more than one electoral area for the same election; (d) signs a nomination paper consenting to be a candidate at an election knowing that he is ineligible to be or disqualified from being a candidate at that election; (e) forges or counterfeits or fraudulently defaces or fraudulently destroys a ballot paper or an official stamp or mark on a ballot paper; (f) not being a person entitled to be in possession of a ballot paper which has been marked with an official stamp or mark has the ballot paper in his possession; without lawful authority, supplies a ballot paper to another person; (g) fraudulently puts into a ballot box anything other than the ballot paper which he is authorised by law to put in it; 66 67 of buying and selling voter cards. Offences in respect of papers, ballot papers, etc. 118. (1) A person who- (a) unlawfully votes for more than one candidate or, as the case may be, votes or records more than one vote in favour of a candidate; (b) votes at an election when he is not entitled to vote; (c) votes more than once in an election; (d) interferes with a voter in the casting of his vote in secret; (e) pretends to be unable to read or write so as to be assisted in voting; or (f) pretends to be visually impaired or suffering from any other disability so as to be assisted in voting; 20,000 Leones or to imprisonment for a term not less than 5 years or to both the fine and inprisonment. (2) In a prosecution for an offence in relation to nomination papers, ballot boxes, ballot papers, counterfoils, marking instruments and other voting and election materials, the property in such voting and election materials may be stated to be in the possession of the Returning Officer at such election. 119. (1) An electoral officer performing a duty under this Act or any other enactment who- (a) aids another person to register as a voter more than once; (b) wilfully or negligently fails to perform such duty in an impartial manner; Wrongful voting, etc. Improper practices by electoral officers. 120. A person who being a member or officer of the Electoral Commission, charged with the counting of votes or the making of a return at an election, wilfully falsifies the count of the votes or wilfully makes a false return commits an offence and is liable on conviction to a fine of not less than 20,000 Leones or to imprisonment for a term of 5 years or to both the fine and imprisonment. 121. (1) An electoral officer, Polling Assistant or Polling Agent in attendance at a polling station who,- (a) communicates, before the poll is closed, information as to the name or serial number of the ballot paper issued to a voter at the station; (b) obtains or attempts to obtain, information as to the candidate for whom a voter in the station is about to vote or has voted; (c) interferes or attempts to interfere with a voter when casting his vote; (d) communicates information obtained in a polling station as to the candidate for whom a voter in the station is about to vote or has voted,. than 20,000 Leones or to imprisonment for a term of 5 years or to both the fine and imprisonment. (2) Subsection (1) shall not apply to a procedure under this Act for recording the vote of a voter who is- (a) unable to read or write; or (b) incapacitated by- Falsification of return of election. Infringement of secrecy. (c) makes use of or attempts to make use of his official duties or position to influence the way in which a person votes; (d) knowingly subverts the process of free and fair elections; (e) knowingly obstructs the Electoral Commission in the discharge of its functions or otherwise interferes with the functions of the Electoral Commission; (f) makes an entry, which he knows or has reasonable cause to believe to be false, in a record, return or other document which he is required to keep or make under such enactment; (g) permits a person whom he knows or has reasonable cause to believe to be able to read or write to vote in the manner provided for persons unable to read or write; (g) permits a person whom he knows or has reasonable cause to believe not to be visually impaired or a person with disability to vote in the manner provided for persons who are visually impaired or persons with disability, as the case may be; (h) wilfully prevents a person from voting at the polling station at which he knows or has reasonable cause to believe that that person is entitled to vote; (i) wilfully rejects or refuses to count a ballot paper which he knows or has reasonable cause to believe is validly cast for a candidate in accordance with this Act or any other enactment; (j) wilfully counts a ballot paper as being cast for a candidate which he knows or has reasonable cause to believe was not validly cast for that candidate; (k) interferes with a voter in the casting of his vote in secret; (l) is required to declare the result of an election, fails to do so; (m) is not authorised to do so, purports to make a formal declaration or formal announcement of an election result; (n) without reasonable cause does or omits to do anything in breach of his official duty; (o) colludes with a political party or candidate for the purpose of giving an undue advantage to the political party or candidate; (p) wilfully contravenes the law to give undue advantage to a candidate or a political party on partisan, ethnic, religious, gender or any other unlawful consideration; or (q) fails to prevent or report to the Electoral Commission or any other relevant authority, the commission of an electoral malpractice or offence under this Act, (2) A person who is convicted of an offence under subsection (1) shall not be eligible to hold public office for a period of 10 years following conviction. 70 71 (i) blindness; or (ii) other physical cause or disability, from casting his vote himself. (3) A person, other than a Presiding Officer or a person authorised by him, who communicates with a voter after the voter has received a ballot paper and before the voter has placed the ballot paper in a ballot box, commits an offence and is liable on conviction to a fine of not less than 20,000 Leones or to imprisonment for a term of 5 years or to both the fine and imprisonment. (4) An electoral officer, or Polling Assistant, in attendance at the counting of votes who shall- (a) not maintain or aids in maintaining the secrecy of the ballot; (b) attempts to ascertain the counting, the serial number of a ballot paper; (c) communicates information obtained at the counting of the vote of a candidate, (5) A person attending a proceedings relating to an election who, without lawful authority, - (a) communicates to another person, before the poll is closed, information obtained at the proceedings as to an official stamp or mark to be used in connection with a ballot paper; (b) communicates to another person, information obtained at the proceedings as to the number of ballot papers issued to a person; (c) votes with the knowledge that he is not entitled to vote in that election; (d) presents himself as an electoral officer knowing that he is not, 125. (1) A person who- (a) gives, lends, offers, promises, or promises to procure, any money or valuable consideration to or for a voter, or to do for any other person, in order to induce any voter to vote or refrain from voting or corruptly does any such act as aforesaid on account of such voter having voted, or refrained from voting at any election under this Act; (b) gives, procures, agrees to give or procure, offers, promise, or promises to procure or endeavour to procure, any office, place or employment to or for any voter, or to or for any other person, in order to induce such voter to vote or refrain from voting or corruptly does any such act as aforesaid on account of any voter having voted or refrained from voting at any election under this Act; (c) makes a gift, loan, offer, promise, procurement or agreement referred to in paragraph (b) to or for any person in order to induce the person to procure or endeavour to procure the return of a person as President or a Member of Parliament or of a local council or the vote of a person at an election under this Act; Bribery. (c) attempts to ascertain, at the proceedings in connection with the receipt of ballot papers,- (i) the number on ballot papers; (ii) the candidate for whom a vote is given in a ballot paper; (d) communicates information obtained at the proceedings; or (e) captures an image of a marked ballot for any purpose whatsoever, 122. A person who prevents, obstructs or disturbs an election byforce, violence or threats commits an offence and is liable on conviction to a fine of not less than 20,000 Leones or to imprisonment for a term of 5years or to both the fine and imprisonment. 123. (1) A person who, directly or indirectly, uses or threatens to use force, violence, harmful cultural practices, fraudulent device, trick or deception for the purpose of or on account of- (a) inducing or compelling a person to vote or not to vote for a particular candidate or political party at an election; (b) impeding or preventing the free exercise of the franchise of a voter; (c) inducing or compelling a person to refrain from becoming a candidate or to withdraw if he has become a candidate; or (d) impeding or preventing a person from being nominated as a candidate or from being registered as a voter, (2) A person who induces, influences or procures another person to vote in an election knowing that the person is not entitled to vote in that election commits an offence and is liable on conviction to a fine of not less than 20,000 Leones or to imprisonment for a term of 5 years or to both the fine and imprisonment. (3) A person who directly or indirectly by duress or intimidation impedes, prevents or threatens to impede or prevent a voter from voting commits an offence and is liable on conviction to a fine of not less than 20,000 Leones or to imprisonment for a term of 5 years or to both the fine and imprisonment. (4) A person who directly or indirectly by duress, intimidation or otherwise compels or induces a voter who has already voted at an election- (a) to inform him or another person of the name of the candidate or political party for which the voter voted; or (b) to display the ballot paper on which the voter has marked his vote, 1,000 Leones or to imprisonment for a term not lessthan 3 months. 124. A person who at an election- (a) knowingly votes or attempts to vote or applies for a ballot paper in the name of another person, whether that name be that of a person living or dead or of a fictitious person; (b) having voted once at that election votes or attempts to vote at the same election in his own name; Undue influence. 74 75 Prevention by force, etc. Personation. (d) upon or in consequence of a gift, loan, offer, promise, procurement or agreement referred to in paragraph (b), procures or engages, promises or endeavours to procure, the return of a person as President or a Member of Parliament or of a local council, or the vote of a person at an election under this Act; (e) advances or pays or causes to be paid any money to or for the use of any other person, with the intent, that the money or part of it shall be expended in bribery at an election under this Act; or (f) knowingly pays or causes to be paid money to another person in discharge of repayment of money wholly or in part expended in bribery at an election, (2) A person- (a) being a voter who before or during an election under this Act receives, agrees or contracts for money, gift, loan, valuable consideration, office, place or employment for himself or for any other person, for voting or agreeing to vote or for refraining or agreeing to refrain from voting at that election; or (b) who, after an election under this Act, receives money, gift, loan, valuable consideration, office, place or employment for himself or for that other person, on account of any other person having voted or refrained from voting or having induced any other person to vote or refrain from voting at that election, (2) A person convicted of an offence under subsection (1) is barred from voting at an election held within a period of 5 years from the date of the conviction. (3) For the purpose of subsection (1), a person is deemed to be acting in pursuance of a lawful duty if he is acting in his capacity as military or police personnel charged with providing security at that public meeting. 131. A person who- (a) directly or indirectly, by the use of threat or force, violence, sexual harassment or otherwise, prevents the conduct of a political meeting, procession, demonstration or other event of a political nature or another person from attending or participating in the meeting procession, demonstration or other event; (b) creates a material disruption with the intention of preventing a political party from holding a public political meeting; (c) impedes or prevents or threatens to impede or prevent the right of a representative of a political party to gain access, in the manner and during the hours prescribed, to voters in any particular centre, whether public or private, for the purposes of conducting political canvassing or campaigning and of soliciting membership and support; (d) impedes or threatens to impede or prevent a member of the Electoral Commission, a representative of the Electoral Commission or any other person or organisation engaged in civic electoral education to gain access, in the manner and during the hours prescribed, to eligible voters in a particular centre, whether public or private, for the purpose of conducting civic electoral education; or Prohibition of interference with free political canvassing campaigning. (3) This section shall not apply or be construed to apply to any money paid or agreed to be paid for or on account of any lawful expenses bona fide incurred at or concerning any election, and in particular to the hire of transport by or on behalf of a candidate's or political party's Polling Agent or the travelling expenses of a candidate or his Polling Agent. 126. A person who is convicted of personation, undue influence, bribery, aiding, abetting, counselling or procuring the commission of the offence of personation shall, in addition to any other punishment, be barred during a period of 5 years from the date of his conviction- (a) from being registered as a voter or from voting at any election; and (b) from being elected a member of Parliament or a local council, village or town head or if elected before his conviction, of retaining his seat as a member of Parliament or a local council. 127. A person who- (a) votes or induces or procures any person to vote at an election under this Act knowing that he or the other person is prohibited by this Act or by any other enactment from voting at that election; or (b) before or during an election under this Act knowingly publishes a false statement of the withdrawal of a candidate at that election for the purpose of promoting or procuring the election of another candidate, 20,000 Leones or to imprisonment for a term of 5 years or to both the fine and imprisonment. 128. A person who- (a) removes, destroys, conceals or mutilates or assists in the removal, destruction, concealment or mutilation of an election material, except with the authority of the Electoral Commission or under this Act; or (b) snatches or destroys or otherwise unlawfully interferes with an election material, commits an offence and is liable on conviction to imprisonment for a term not lessthan 5 years. 129. A person who, except with the authorisation of the Electoral Commission directly or indirectly, prints, manufactures or supplies or procures the printing, manufacture or supply of materials in connection with an election, commits an offence and is liable on conviction to a fine not less than 50,000 Leones or to imprisonment for a term not less than 5 years or to both the fine and the inprisonment. 130. (1) A person who at a lawful public meeting, held in connection with an election- (a) acts or incites others to act in a disorderly manner for the purpose of preventing or interfering with the transaction of the business for which the meeting was called; (b) has in his possession an offensive weapon or missile otherwise than in pursuance of a lawful duty, 2,000 Leones or to imprisonment for a term of 6 months or to both the fine and the inprisonment. Disqualification for undue influence, bribery, etc. 78 79 Wrongful voting and false statements. Interference with election materials. Prohibition of unauthorised printing, manufacture and supply of voting and materials. Interference with lawfu public meeting. (e) conducts a political party procession along a public thoroughfare or a political party meeting or rally in a public place otherwise than on a date or at a time specified by the Electoral Commission in a campaign calendar published pursuant to this Act, 20,000 Leones or to imprisonment for a term not less than 5 years or to both the fine and imprisonment. 132. (1) A person shall not provide for the purpose of conveying another person to a registration centre or to a polling station a government vehicle or boat, or a vehicle or boat belonging to a public body or institution except in respect of a person who is ordinarily entitled to use that vehicle or boat or in an emergency in respect of an electoral officer. (2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not less than 500 Leones. 133. A person who at an election acts or incites others to act in a disorderly manner commits an offence and is liable on conviction to a fine not less than 2,000 Leones or to imprisonment for a term not less than 6 months or to both the fine and the inprisonment. 134. A person who knowingly votes or attempts to vote in an electoral area in respect of which his name is not on the Register of Voters commits an offence and is liable on conviction to a fine not less than 5,000 Leones or to imprisonment for a term not lessthan 12 months or to both the fine and the inprisonment. 135. (1) A person who carries, wears or displays a dangerous weapon or missile in a part of a polling centre or within a distance of 300 meters of a polling centre otherwise than in pursuance of a lawful duty commits an offence and is liable on conviction to a fine not less than 5,000 Leones or to imprisonment for a term of 12 months or to both the fine and the inprisonment. Improper use of vehicle. Disorderly conduct at Voting by unregistered persons. Restriction on admission to polling centre. 139. (1) A person who commits an offence under section 140 with any other offence under this Act or with intent to facilitate intent to committhe commission of such offence whether by himself or by another person is liable on conviction to imprisonment for a term of not less than 5 years. (2) For the purposes of this section, it is immaterial whether the other offence under this Act is to be committed on the same occasion as the commission of an offence under section 140 or on a future occasion. (3) A person may be guilty of an offence under this section even though the facts are such that the commission of another offence under this Act is impossible. 140. (1) A person who does an act which causes an unauthorised modification of the contents of a computer so as to- (a) impair the operation of - (i) a computer or a computer program; or (ii) the reliability of data held in a computer; (b) prevent or hinder access to a program or data held in a computer, commits an offence and is liable on conviction to imprisonment for a term not less than 3 years. (2) A person commits an offence under subsection (1) even where an act which causes an unauthorised modification of the contents of a computer, is- (a) not directed at- (i) a particular computer; (ii) a particular program or data; (iii) a program or data of a particular kind; or (iv) a particular modification or a modification of a particular kind; Unauthorised access with intent to commit or facilitate commission of further offences. Unauthorised modification of computer material. (3) For the purpose of subsection (1) a person shall be deemed to be acting in pursuance of a lawful duty if he is acting in his capacity as a military or police personnel, officially deployed to provide security at that polling station or generally charged with responsibility for providing security during elections. 136. (1) A person who, on an election day, in a polling station or within a distance of 300 metres of a polling station - (a) canvasses for votes; (b) solicits for the vote of a voter; (c) persuades a voter not to vote for a particular candidate; (d) persuades a voter not to vote at the election; (e) shouts slogans concerning the election; (f) is in possession of an offensive weapon or missile, wears a dress or have a facial or other decoration which is calculated to intimidate voters; (g) exhibits, wears or tenders a notice, symbol, photograph or party card referring to the election; (h) uses a vehicle bearing the symbol of a political party; (i) loiters without lawful excuse after voting or after being refused to vote; (j) snatches or destroys an election material; (k) unlawfully blares a siren, 5,000 Leones or to imprisonment for a term not less than 12 months or to both the fine and the inprisonment. (2) A person who, on an election day, within the vicinity of a polling station, unit or collation centre - (a) convenes, holds or attends a public meeting during the hours of the election as may be prescribed by the Electoral Commission; (b) unless appointed under this Act to make official announcements, operates a megaphone, amplifier or public address apparatus; (c) wears or carries a badge, poster, banner, flag or symbol relating to a political party or to the election, 5,000 or to imprisonment for a term not less than 12 months or to both the fine and the inprisonment. 137. (1) A person who observes an election without prior accreditation from the Electoral Commission commits an offence and is liable on conviction to a fine not less than 10,000 Leones. PART XII - OFFENCES RELATED TO INFORMATION TECHNOLOGY 138. (1) A person who knowingly and without lawful authorisation causes a computer to perform a function with intent to secure unauthorised access to a program or data held in that computer or any other computer commits an offence and is liable on conviction to imprisonment for a term of not less than 2 years. (2) The intent required to commit an offence under subsection (1), need not be directed at- (a) a particular program or data; (b) a program or data of a particular kind; or (c) a program or data held in a particular computer. Offences on election day. 82 83 Observing elections without accreditation. Unauthorised access to computer material. (b) not intended to be permanent or temporary. (3) A modification of the contents of a computer shall not be regarded as damaging a computer or computer storage medium unless its effect on that computer or computer storage medium impairs its physical condition. 141. Except as provided in this section, it is immaterial for the purposes of an offence under this Part whether an act or other event proof of which is required for conviction of the offence occurred within or outside Sierra Leone. 142. (1) A person secures access to a program or data held in a computer if by causing a computer to perform a function the person- (a) alters or erases the program or data; (b) copies or moves it to a storage medium other than that in which it is held or to a different location in the storage medium in which it is held; (c) uses it; (d) has it output from the computer in which it is held (whether by having it displayed or in any other manner); and (e) references to access to a program or data and to intent to secure such access shall be read accordingly. (2) A person uses a program if the function he performs on the computer- (a) causes the program to be executed; or (b) is itself a function of the program . (3) In paragraph (d) of subsection (1)- (a) a program is output if the instructions of which it consists are output; and Territorial scope of offence under this Part. Access to program or data in computer. (5) A defendant in a trial before the Court may be represented by the counsel of his own choice and bail shall be at the absolute discretion of the Court. 144. (1) A question which may arise as to the right of a person to be or remain as- (a) President; (b) Member of Parliament; (c) member of a local council, shall be referred to and determined by a Judge of the Court on a petition presented by a voter, in accordance with the procedure under section 149 for the trial of an election petition. (2) Where the question to be decided concerns the right of a person under subsection (1), the Court shall certify its decision in writing to the Speaker and the Electoral Commission and where the Court has decided that a person is not entitled to remain as President, Member of Parliament or member of a local council, that person shall thereupon cease to be such. 145. (1) An election not called in question within 21 days after the publication of the result in the Gazette, is deemed to have been, to all intents and purposes, a good and valid election. (2) An election petition founded on acts amounting to an offence under Part X or Part XI shall be brought unless those acts occurred between the last day appointed for the delivery of nomination papers under section 58 and the time of the day at which the result of the election is declared under section 51. 146. (1) A petition complaining of an undue return or undue election of a person under subsection (1) of section 146 may within 21 days from the date of the publication of the result of the election in the Gazette, be presented to a Judge of the Court by any one or more of the following persons- Questions to be determined by Court. valid unless questioned within 21 days of publication of result. Presentation of petition result. (b) the form in which the instructions or any other data is output (and in particular whether or not it represents a form in which, in the case of instructions, they are capable of being executed or, in the case of data, it is capable of being processed by a computer) is immaterial. (4) Access of a kind by a person to a program or data held in a computer is unauthorised if- (a) he is not entitled to control access of the kind in question to the program or data; and (b) he does not have consent to access by him of the kind in question to the program or data from a person who is so entitled. (5) References to a program or data held in a computer include references to a program or data held in a removable storage medium which is for the time being in the computer; and a computer is to be regarded as containing a program or data held in that medium. (6) A modification of the contents of a computer takes place if, by the operation of a function of the computer concerned or any other computer- (a) a program or data held in that computer concerned is altered or erased; or (b) a program or data is added to its contents, and an act which contributes towards causing that modification shall be regarded as causing it. (7) A modification is unauthorised if the person whose act causes the modification- (a) is not himself entitled to determine whether the modification should be made; and (b) does not have consent to the modification from a person who is so entitled. (8) References to a program include references to part of a program. PART XIII - ELECTION OFFENCES AND PETITIONS COURT 143. (1) There shall be, pursuant to subsection (3) of section 131 of the Constitution, an Election Offences and Petitions Court. (2) The Election Offences and Petitions Court shall - (a) sit in such places in Sierra Leone as the Chief Justice may determine; (b) be presided over by- (i) a High Court Judge; (ii) a retired Judge of the Superior Court of Judicature; or (iii) a barrister or solicitor who is qualified to hold office as a High Court Judge, (c) be by judge alone. (3) The Court shall have jurisdiction to try- (a) election offences; and (b) election petitions. (4) The Court shall determine cases brought before it under subsection (3) within 4 months after the commencement of the proceedings. 86 87 Offences and Petitions Court. (a) a person who voted or had a right to vote at the election to which the petition relates; (b) a person who claims to have had a right to be returned or elected at such election; or (c) a person who alleges himself to have been candidate at that election. (2) A person presenting an election petition shall forthwith deliver a copy of it to the Electoral Commission. 147. (1) In a trial of- (a) an election offence,- (i) an indictment relating to the offence shall be preferred without a previous committal for trial and it shall in all respects be deemed to have been preferred pursuant to a consent in writing by a judge granted under subsection (1) of section 136 of the Criminal Procedure Act, 1965 (Act No. 32 of 1965) and shall be proceeded with accordingly; (ii) an extract of the findings of the police or investigators, signed by the Attorney- General, to the effect that a particular person is, or particular persons are implicated in an offence under this Act shall, without more, be sufficient authority for preferring an indictment in respect of such offence as is disclosed in or based on the report of those findings; Trial of offences and petition. 150. (1) An appeal shall lie to the Court of Appeal from the determination of the Court upon an election petition, or a proceeding of the Court taken under section 146 at the suit of a party to the petition or proceedings, and the decision of the Court of Appeal on the appeal shall be final to all intents and purposes. (2) Notwithstanding any provisions to the contrary, the Court of Appeal shall not entertain an appeal under this section unless notice of the appeal has been given within 14 days of the determination in question. (3) At the time of filing the notice of appeal, the appellant shall give security for the payment of all costs, charges and expenses which may become payable by him to any witnesses summoned on his behalf or to any respondent, in an amount and given in such manner, as the Court, may order; and in the event of any failure to comply with the order, no proceedings shall be heard on the appeal. 151. (l) Where the Court determines that a candidate returned as elected was not duly elected and that the election was void, then the candidate's seat shall become vacant from the time of the notice of decision of the Court and if notice of appeal from that decision has been given within 14 days, the seat shall remain vacant for the period until the determination of the Court of Appeal is given on the appeal or the appeal is abandoned. (2) Where the question to be decided by the Court of Appeal concerns an election to or the right to remain a Member of Parliament, the Registrar of the Court of Appeal shall certify the decision in writing to the Speaker and the Electoral Commission. (3) Where the Court has determined that a candidate was duly returned or elected, or that the election was void, and no notice of appeal has been given against that determination within fourteen days, or where on appeal the Court of Appeal has determined that a candidate was duly returned or elected, or that the election was void, then the Speaker shall publish by notification in the Gazette whether the candidate whose return or election is questioned is duly returned or elected, or whether the election is void. Appeal from Court. Effect on return of notice of (iii) an indictment preferred shall be filed and served, on the accused together with the summary of the evidence of the witness or witnesses which the Attorney-General relies on for the proof of the charge contained in that indictment and the names of such witness or witnesses shall be listed on the back of the indictment; (iv) the Attorney-General may, upon giving to the Registrar of the Court and to the accused a notice of his intention to prosecute together with a summary of the evidence to be given by the witness or witnesses, call as additional witness any person not listed on the back of the indictment who may give necessary or material evidence at the trial of an election offence, whether or not that person gave evidence during an investigation by the police or investigators; (b) an election petition, the Court - (i) may order the inspection and production of rejected ballot papers, the opening of sealed packet of counterfoils of used ballot papers or the inspection of counted ballot papers; (ii) shall, in making and carrying into effect an order under sub-paragraph (i), ensure that the way in which the vote of a particular person has been given shall not be disclosed until it has been proved that his vote has been declared by the Court to be invalid; (iii) shall, determine whether a person whose return or election is complained of was duly returned or elected or whether the election was void and shall certify its determination to the Electoral 148. An election shall not be invalid by reason of noncompliance with this Act if it appears to the Court that the election was conducted in accordance with the principles laid down in this Act or that the non- compliance did not affect the result of the election. 149. (l) A person called as a witness in proceedings in the Court , under this Part, shall not be excused from answering a question relating to an offence at, or connected with, an election on the grounds that the answer to the question may incriminate or tend to incriminate him or on the grounds of privilege. (2) Notwithstanding, subsection (1), a witness who honestly answers questions which he is required by the Court to answer shall be entitled to receive a certificate of indemnity under the hand of the presiding Judge stating that such witness has so answered and an answer by a person to a question before the Court shall not, except in the case of a criminal proceedings for perjury in respect of such evidence, be admissible in evidence against him. (3) Where a person has received a certificate of indemnity in relation to any offence disclosed by answering any question which he was required to answer by virtue only of subsection (1), and any legal proceedings are at any time brought against him for such offence, the Court having cognizance of the case shall, on proof of the certificate, stay the proceedings and may at its discretion, award to that person such costs as he may have been put to in the proceedings. 90 91 Noncompliance with Act. Privilege, certificate of indemnity. (4) Where the election is declared void, another election shall be held. 152. The Rules of Court Committee may make Rules of Court for practice and procedure for election petitions under this Act. 153. A proceeding or appeal on a petition pending at the commencement of this Act, shall not be affected by this Act and may be proceeded with as if this Act had not been passed. PART XIV- ELECTION CAMPAIGN PERIOD 154. (1) The Electoral Commission shall, after the close of nominations and in consultation with registered political parties and candidates contesting in elections, by notice published in the Gazette, determine and declare the period when campaigning by candidates and political parties may begin and end. (2) The Commission may, declare fixed periods for political parties campaigns and bye-elections campaigns. 155. (1) The Electoral Commission shall, after publication of the campaign period pursuant to section 154 and in consultation with registered political parties and candidates prepare and publish in the Gazette a campaign calendar of events including public rallies, public meetings and public processions to be held by political parties and independent candidates. (2) The Electoral Commission shall for the purposes of ensuring the smooth co-ordination of a demonstration or procession and the maintenance of the peace and public order, during an election campaign liaise with the Inspector-General of Police and in the case of campaign activities in the Provinces, notify the Paramount Chief and other local authorities as the Commission may deem necessary. (3) Nothing contained in this section shall be construed to prohibit a political party from conducting a meeting, organisational activity or publishing a book or other material in connection with its normal activities as a political party. Petition Rules Pending petitions and appeals. Commission to declare period. calendar. 161. (1) The Electoral Commission shall, within 30 days before the beginning of election campaigning, by notice published in the Gazette, publish a code of election campaign ethics in such form as specified in the Tenth Schedule. (2) Where a political party or an independent candidate contravenes subsection (1), the Electoral Commission shall, in consultation with the Political Parties Regulation Commission,- (a) endeavour to resolve the matter with the political party or independent candidate as the case may be; (b) issue a warning to the party or candidate to desist from the contravention; (c) impose a fine that it may determine on the political party or independent candidate; or (d) disqualify the party or independent candidate from contesting the election. (3) A political party or independent candidate aggrieved by a decision of the Commission under this section may appeal to the Court. 162. (1) The management of the national radio or television shall, during an election campaign period, ensure that equal air time is given to- (a) a political party; or (b) an independent candidate, on the national radio and television. (2) The management of the national radio or television shall, in pursuance of subsection (1), allocate a minimum airtime of 30 minutes to each candidate and political party during an election campaign period taking into account, the number of candidates and political parties making a request under subsection (3). Code of ethics. Air time on radio television. 156. (1) Candidates and political parties may, during an election campaign, in addition to activities normally associated with election campaigns- (a) publish books, magazines, brochures, pamphlets, flyers, posters, signs and other similar materials; (b) make use of the press, radio, television and other media forms; (c) carry out various political activities within the limits of the law. (2) An election campaign material referred to in subsection (1) shall clearly state thereon- (a) the issuing candidate or political party, as the case may be; and (b) the printer of the material. (3) A person shall not post banners, posters, placards, drawings, billboards or other similar material on public buildings, national monuments, religious institutions or on any private property unless the owner of that property gives his consent. (4) A candidate or political party shall, notwithstanding any law to the contrary, be exempted from the payment of customs duty in respect of election campaign material which is imported and supported by a Certificate of Authorisation issued by the Electoral (5) The Electoral Commission may, on application made to it by a candidate or political party wishing to import electoral campaign materials, issue to the candidate or political party, as the case may be, with a Certificate of Authorisation. 157. At the end of an election campaign period, all election campaign activity shall cease and the public media shall be at the disposal of the Electoral Commission to publicise information on procedures for voting at the elections. 158. (1) Where a candidate or political party believes that his or its rights under this Part have been violated, such candidate or political party may lodge a complaint with the Electoral Commission. (2) The Electoral Commission shall, upon receipt of a complaint under subsection (1), take all necessary steps to ensure that the issues raised in the complaint are properly addressed and any fault or delict is rectified without delay. 159. A candidate or political party shall, in an election campaign period- (a) respect and take into account the fundamental principles of State policy set out forth in Part II of the Constitution; and (a) carry out the campaign in keeping with ethical and moral standards and the respect due to the other candidates and political parties and the electorate of Sierra Leone. 160. (1) A candidate or political party shall not during the campaign period- (a) insult or defame another candidate or political party; (b) abuse or engage in the improper use of Government property for political propaganda purposes; (c) campaign in public offices or educational institutions during working hours or hours of instruction. (2) A candidate or political party who contravenes subection (1), commits an offence and is liable, on conviction, to a fine not lessthan 10,000 Leones or to imprisonment for a term not lessthan 5 years or to both the fine and imprisonment or to both the fine and the inprisonment. 94 95 materials. Publishing information. Complaints against violation of rights. Civic obligation of candidates and political parties. Prohibitions during campaigns. (3) A candidate or political party wishing to be given air time under subsection (1), shall make a request in writing addressed to the management of the national radio or television, and the management shall only act upon the receipt of the request in writing. PART XV - MISCELLANEOUS PROVISIONS 163. There is hereby established a fund to be known as the National Elections Trust Fund which shall be managed by the Electoral Sustainability Commission for the financing of public elections and referenda. 164. (1) The Electoral Commission may, at an election, accredit any group or institution to act as election observer and issue guidelines for their participation, deter fraud and promote confidence in the electoral process. (2) An election observer accredited by the Electoral Commission under subsection (1), shall - (a) provide accurate assessment of the election; (b) highlight specific recommendations for the verification of the accuracy of the Voters List and ways that voter registration could be improved; (c) demonstrate support for genuine democratic elections; (d) contribute significantly to promoting public confidence and calm tensions in the postelection period. (3) An accredited observer shall submit a written report to the Electoral Commission on its observation not later than 3 months after the declaration of results of the election or such earlier date as the Electoral Commission may specify in writing. 165. (1) A local or international organisation may apply to the Electoral Commission for accreditation to observe an election. National Elections Sustainability Trust Fund. observation. Application for accreditation. 169. The Electoral Commission may, where the circumstances so require, by order, enlarge or reduce the time as specified in this Act for the giving of notice or for the doing of an act or thing. 170. (1) For the purposes of its functions under this Act, the Electoral Commission shall prescribe, in addition to the forms in the Schedules, such other forms as it may find necessary or expedient but such additional forms and anything as specified shall be consistent with this Act. (2) A deviation from a form as specified in the Schedules which does not affect the substance thereof, shall not invalidate the form in which the deviation occurred. 171. (1) The Electoral Commission may, by statutory instrument, make Regulations for giving effect to this Act. (2) Notwithstanding the generality of subsection (1), Regulations to be made by the Electoral Commission may include Regulation to provide for- (a) the registration of voters outside Sierra Leone; (b) the safety and security of its staff in the performance of their duties. 172. (1) The Public Elections Act, 2012 is hereby repealed. (2) Notwithstanding subsection (1), any rules, regulations, orders, notices, prescriptions and other instruments or directives issued under the repealed Act and in existence immediately before the commencement of this Act, shall continue in operation until their expiration or until their express repeal or revocation. (3) All investigations, prosecutions and other legal proceedings, instituted or commenced under the repealed Act and which have not been concluded before the commencement of this Act, shall be continued and concluded in all respects as if that Act had not been repealed. Commission may enlarge or reduce time. Commission to prescribe forms, etc. Regulations. Repeal and savings. (2) The Electoral Commission may require further information in support of an application. (3) The Electoral Commission may accredit an applicant to observe an election after considering the application, any further information provided by the applicant, and whether- (a) the accreditation of the applicant will promote conditions conducive to free and fair elections; and (b) the persons appointed by the applicant will- (i) observe the election impartially and independently of any registered political party or candidate contesting that election; (ii) be competent and professional in observing that election; and (iii) subscribe to a Code of Conduct for observers issued by the Electoral Commission pursuant to this Act. (4) Where the Electoral Commission decides to accredit an applicant, the Commission shall- (a) enter the applicant's name in a register of accredited observers; and (b) issue a certificate of accreditation in the applicant's name stating the period and other conditions of accreditation. (5) Where the Election Commission decides not to accredit an applicant, the Commission shall inform the unsuccessful applicant in writing of its decision. (6) The Electoral Commission shall maintain at its headquarters a register of accredited observers. (7) A person may inspect the Register of accredited observers on payment of a specified fee. (8) The Chief Electoral Commissioner shall provide certified copies of extracts from the Register of Voters on payment of the specified fee. 166. Where an accredited observer fails to comply to a material extent with any condition of accreditation, the Electoral Commission may revoke its accreditation after having given reasonable notice of revocation to that observer. 167. (1) An accredited observer shall- (a) in relation to the election for which it isaccredited, be entitled to attend at and observe all aspects of the electoral process including registration, voting, counting of votes and the determination and declaration of results; (b) have freedom of movement to, within and from the area or areas specified in the Certificate of Accreditation; (c) have a right to communicate freely with registered political parties and individual candidates contesting in the election, electoral officials, government functionaries, the media, civil society organizations and other relevant parties. (2) Whilst observing an electoral process, the representatives of an accredited observer must wear and visibly and conspicuously display their identification cards at all times. 168. An officer of the Electoral Commission shall perform his functions in a neutral and impartial manner and shall receive his instructions only from the Electoral Commission. 98 99 Revocation of accreditation. Rights and obligations of observer. Obligation of impartiality. SCHEDULES FIRST SCHEDULE (Section 16 (2)(b)) RULES AS TO THE ORDINARY RESIDENCE OF VOTERS 1. The place of ordinary residence of a person is that place where he usually lives or which has always or generally been his home, or which is the place to which he intends to return when away from it. 2. Where a person usually sleeps in one place and has his meal or is employed in another place, his place of ordinary residence will be where he sleeps. 3. For the purpose of these rules it will be assumed that a person can have only one place of ordinary residence and that it cannot be lost. 4. Temporary absence does not cause a loss and an absence of less than 6 months, or which is anticipated to be less than 6 months, will be regarded as temporary if the intention is to resume actual residence within that period. 5. Where after consideration of these rules in respect of an application for registration or objection thereto, there appears some doubt as to whether a person's ordinary residence is in one registration area or another, a Registration Officer may decide between such respective areas (and other matters being equal may take into account the probable convenience of the applicant) and his decision shall in such case be conclusive in respect of an application for registration or objection thereto. FORM D (section 29 (1)) Serial number................. REGISTRATION OF VOTERS NOTICE OF OMISSION FROM PROVISIONAL LIST To: THE REGISTRATION OFFICER.................................................... I............................................................................ hereby give you notice that I object to the omission of my name from the Provisional List of voters for Registration Area No. ............................... In Chiefdom/Ward and I claim the right to have my name inserted in the said List as a voter on the following grounds and on the basis of the particulars stated below - DATED the.........................day of ..........................................20........ .......................... ................................. Witness to mark Signature (or mark) REGISTRATION AREA LOCALITY CHIEFDOM/WARD STREETADDRESS NAME OF HOUSEHOLD HEAD/INSTITUTION/ FLOATING GROUP DWELLING GROUP HOUSE HOLD INSTITUTION HOUSEHOLD NUMBER NUMBER NUMBER NUMBER ID CARD FIRST NAME SURNAME AGE SEX RELATIONSHIP SECOND SCHEDULE (Sections 23 (1), 27(3)) FORMA NOTICE TO VOTERS A person who is entitled to be registered as a voter in Registration Area Number: ...................... in Chiefdom/Ward of Province/Western area is required to present himself/herself to the Registration Officer during the registration period from ..........................day of ................20.......to the ........................day of...................20.....to be registered. FORM B (Section 23 (3)) CLAIM TO BE REGISTEREDAS A VOTER To: THE REGISTRATION OFFICER:................................................................................ I......................................claim the right to be registered as a voter in the Registration Area No..............................................in........ .Chiefdom/Ward..................................and declare that- (a) I am not a non-citizen; (b) I have not applied for registration as an elector in any other ward; (c) I am not otherwise disqualified from being registered as a voter in that ward; (d) I am not under 18 years of age; (e) I will have attained the age of 18 years on or before the polling date; and (f) I was ordinarily resident in the ward on the...................................... DATED the......................................................day of .................................20.................. ................................ ............................... Witness to mark Signature (or mark) * Date of publication of Form A in Second Schedule. FORM C (Section 24 (3) (a)) FORM OF VOTER REGISTRATION CARD THE REGISTRATION OFFICER...................................(Chiefdom/Ward) This is to show that...........................................(Name of voter) has been registered as a voter this.....day of .....................20..... with the following particulars- (a) age; (b) sex; (c) residential address; (d) place of birth; (e) district of origin; (f) father's name; (g) mother's name. ........................................ Signature of Registration Officer. 102 103 FORM E (Section 29(2)) Serial Number................. REGISTRATION OF VOTERS NOTICE OF OBJECTION TO RETENTION OF NAME IN A LIST AS A VOTER To: THE REGISTRATION OFFICER ............................Chiefdom/Ward I................................................ of ............................................... being a person whose name appears as a voter in the Provisional List for..............Town/Village/Street in Registration Area.................... hereby give you notice that I object to the name of..........................whose particulars are listed below being retained in that list as an Elector on the grounds that- ................................................................................................................................................. ................................................................................................................................................... Dated this ................day of .....................................................20............. .................................................... Signature (or mark) CHIEFDOM/WARD REGISTRATION AREA LOCALITY STREETADDRESS NAME OF HOUSEHOLD HEAD/INSTITUTION/ FLOATING GROUP DWELLING GROUP HOUSEHOLD INSTITUTION HOUSEHOLD NUMBER NUMBER NUMBER NUMBER ID CARD FIRST NAME AGE SEX RELATIONSHIP SURNAME which has nominated the above presidential candidate. Full name............................................................................................................................... Address:................................................................................................................................ Occupation:........................................................................................................................... Office held in above political party................................................................................... Date........................................................................................................................................ Signature Full name............................................................................................................................... Address:................................................................................................................................ Occupation:.......................................................................................................................... Office held in above political party.................................................................................... Date.......................................................................................................... Signature Full name................................................................................................................................ Address:.................................................................................................................................. Occupation:.......................................................................................................................... Office held in above political party.................................................................................... Date.......................................................................................................... Signature FORM F (Section 29 (2)) REGISTRATION OF VOTERS NOTICE TO PERSON OBJECTED TO To: I.............................................of..................................... being a person whose name appears as a voter in the Provisional List for.............................Town/Village/Street in Registration Area ............................. hereby give you notice that I object to the name of .............................whose particulars are listed below being retained in that list as a voter on the grounds that- .................................................................................................................................................. .................................................................................................................................................. And that you will be required to prove your qualification at the time of the revising of the list concerned. Dated this ..................day of .........................................20.... ..................................... Signature (or mark) CHIEFDOM/WARD REGISTRATION AREA LOCALITY STREETADDRESS NAME OF HOUSEHOLD HEAD/INSTITUTION/ FLOATING GROUP DWELLING GROUP HOUSEHOLDINSTITUTION HOUSEHOLD NUMBER NUMBER NUMBER NUMBER ID CARD FIRST NAME SURNAME AGE SEX RELATIONSHIP THIRD SCHEDULE (Section 44(1)) NOMINATION PAPER OF PRESIDENTIAL CANDIDATE Date of Presidential Election: 1. I, the undersigned, am the Presidential Candidate to whom this nomination paper relates and I hereby certify that I am willing to stand for election to the office of President of the Republic of Sierra Leone. 2. I also hereby state that I am qualified and not disqualified for election to the office of President of the Republic of Sierra Leone in accordance with the statutory declaration attached hereto as Annexure 1. 3. My designated candidate for the office of Vice-President of the Republic of Sierra Leone :............................................................................................................................................... who has subscribed his signature hereunder to indicate his consent to his being so designated. He has also made the statutory declaration attached hereto as Annexure II. Full name of presidential candidate:................................................................................. Occupation........................................................................................................................... Date:....................................................................................................... ....................................................... Signature of Presidential Candidate ....................................................... Signature of Designated Vice-President We the undersigned, are the three executive members of the………………………… ........................................................................................................................................................ (State name of political party nominating candidate) 106 107 This nomination paper was completed and signed in our presence. (1) Name:......................................Address............................................ (2) Name:......................................Address............................................ Signature of witness (1) Signature of witness(2) (2) ............................................................................................................... Received by me at.........O'clock on the.........day of ......................20............... (Signed):.................................... Returning Officer Note:- The Presidential Candidate and his nominators must all sign in the presence of the 2 witnesses who must be of full age and who must sign in the place indicated. FIFTH SCHEDULE (Section 48 (2) (b)) FORM A CERTIFICATE OF ELECTION OF PRESIDENT (UNOPPOSED) Whereas:................................................................................................ (Full name of Presidential Candidate) of......................................................................................................... (Address) was a Presidential Candidate at the Presidential Election held on the ......................day of..............day of.................................20................... AND WHEREAS after the close of nomination................................................. ............................................................................................................ (Name of candidate unopposed) ............................................................................................................... was the only candidate nominated for that election: AND WHEREAS I have accordingly in pursuance of section 49 of the Act Declared ............................................................................................................ to have been elected President:.................................................................. NOW, THEREFORE, in exercise of the powers conferred on the Returning Officer by paragraph (a) of section 53 of the Public Elections Act, 2012, I hereby certify that................................................................................................................................... FOURTH SCHEDULE (Sections 44(3) (b), 114 (4) STATUTORY DECLARATION OF PRESIDENTIAL/VICE-PRESIDENTIAL CANDIDATE I, .............................................................................................................................................. Do solemnly and sincerely declare that- (a) I am a citizen of Sierra Leone; (b) I have attained the age of forty years; (c) I am registered as a voter with registration ......................... (d) I have paid all my taxes; or (ii) I have made arrangements satisfactory to the appropriate authority for the payment of my taxes (Delete where inapplicable) (e) I have not been adjudged or otherwise declared to be of unsound mind or detained as a criminal lunatic under any law in force in Sierra Leone. (f) I have not been convicted for an offence - (i) involving fraud or dishonesty; or (ii) punishable by death; or (iii) relating to or connected with election under any law in force in Sierra Leone. (g) I am not a person disqualified from practicing a profession in terms of paragraph (g) of subsection (1) of section 76 of the Constitution. (h) I am not under sentence of death imposed on me by any court. (i) I am not disqualified to be registered as a voter under any law relating to public elections. (j) I am not disqualified for election by any law in force in Sierra Leone by reason of my holding or acting in any office the functions of which involve a responsibility for or in connection with the conduct of an election or any responsibility for the compilation or revision of any electoral register. (k) I am not a member of a commission established by the Constitution, or, member of the Armed Forces of the Republic, a public officer, or an employee of a corporate body established by an Act of Parliament or out of funds appropriated by Parliament. I have not been in any of the foregoing capacities stated above during past twelve months. (l) I am not a chief. (m) I am not otherwise disqualified from standing for the election by any law in force in Sierra Leone. I make this solemn declaration knowing and believing it to be true. Subscribed and solemnly declared by me........................................................... ............................................................................................................... .................................... Candidate\Ward Before me 110 111 has been duly elected President of the Republic of Sierra Leone at the Presidential Election of ..................................................................................................... (Year of election) DATED this day of 20................. Returning Officer. FORM B (Section 52)( a) CERTIFICATE OF ELECTION OF PRESIDENT (AFTER POLL) WHEREAS:............................................................................................. (Full name of Presidential Candidate) of.......................................................................................................... (Address) was a Presidential Candidate at the Presidential Election held on the..................day of.......................................................20...................... AND WHEREAS after the Presiding Officer has, in accordance with subsection (1) of Section 52 of the Public Elections Act, 2012, certified to me........................................ ................................................................................................................................................ Returning Officer at that election, that................................................................................... (State number of votes in favour of the Presidential Candidate) Valid votes were cast in favour of the candidate.............................................................. (Presidential Candidate) (1) Full Name.......................................................................................................................... Occupation........................................................................................................................... Address................................................................................................................................. Date............................................................................................................................................ Signature:...................................... (2) Full Name................................................................................................ Occupation...................................................................................................................................... Address............................................................................................................................................ Date.................................................................................................................................................. Signature:.................................... (3) Full Name......................................................................................................................... Occupation...................................................................................................................................... Address........................................................................................................................................... Date................................................................................................................................................. Signature:....................................................................................................................................... at that election: AND WHEREAS .......................................................................................................... therefore received per centum of the valid vote cast in the election: AND WHEREAS I have accordingly in pursuance of subsection (1) of section 52 of the Act declared.................................................................................................................. ...............................................................................................................to have been elected President. NOW THEREFORE, in exercise of the powers conferred on the Returning Officer by paragraph (a) of section 53 of the Public Elections Act, 2022, I hereby certify that …………………………………................................................................................. has been duly elected President of the Republic of Sierra Leone at the Presidential Election of ............................................................................................ (Year of election) DATED this ..................day of ....................................20......................... Returning Officer. SIXTH SCHEDULE (Section 58 (3)) ELECTION OFMEMBER OF PARLIAMENT NOMINATION PAPER Constituency for which candidate seeks election.................................................. Date of election....................................................................................... 1. I, the undersigned, am the candidate to whom this nomination paper relates and I hereby certify that I am willing to stand for election to Parliament as a Member for the .................................Constituency. 2.I also hereby state that I am qualified, and not disqualified, for election to Parliament in accordance with the requirements of sections 75 and 76 of the Constitution. Full Name.............................................................................................................................. Occupation........................................................................................................................... Address................................................................................................................................ Date....................................................................................................................................... Signature:...................................... We, the undersigned, are the three nominators of the above candidate, and are voters of the constituency for which this candidate seeks election. 114 115 SEVENTH SCHEDULE (Sections 78(2), 101(a)) FORM A .....................................................................................................................................elections* BALLOT PAPERS ACCOUNT To: THE DISTRICT RETURNING OFFICER................................................................... (i) (ii) (iii) (iv) Serial Numbers Serial Numbers Serial Numbers spoilt Number of persons provided to unused Register of Voters or marked on the Gazette List as being issued with Ballot Paper Date.......................................... .............................................. **Signature of Presiding Officer Returning Officer .......................Polling Station .....................Electoral Region *(State the nature of elections here) **(Delete if inappropriate) District Returning Officer. Date ........................................ In the presence of- (1).......................................Counting Agent (2).......................................Counting Agent (3).......................................................etc. *Delete as appropriate when parliamentary and presidential elections are held on the same day. EIGHT SCHEDULE Section (88 (2)) FORM OF STATEMENT OF RESULT OF POLL Electoral Region.............................................................................................Polling Station No. Name of Presiding Officer................................................................................................... (RECORD OF POLL) Name of political party No. of ballot cast in favour 1. ......................................... ......................................... 2. ......................................... ......................................... 3. ........................................ ......................................... 4. ......................................... ......................................... FORM B (Sections 91(2), 101(d) ) Elections* VERIFICATION OF BALLOT PAPERS ........................................................................................................................Electoral Region/District No. of Ballot Papers issued to......................................................................Polling Station Station.................................................................................................................................... *List of political party/ name of candidate Ballots (1) No. of ballot papers cast for........................ ........................ (2) No. of ballot papers cast for........................ ........................ (3) No. of ballot papers cast for........................ .......................... Etc. ............................ ........................... . ............................. ............................. No. of ballot papers spoilt ............................ No. of ballot papers issued ............................ No. of ballot papers rejected ............................ Under categories (b) and (c) below ........................... Total REJECTED BALLOT PAPERS No. cast for political party/candidate No. (1) .............. .............. .............. No. cast for political party/candidate No. (2) .............. .............. .............. No. cast for political party/candidate No. (3) .............. .............. .............. .............. .............. .............. .............. .............. .............. Total (a) bearing a number not included among those issued to the station; (b) bearing the same number as another ballot paper which has already been counted; (c) not bearing the official mark (if any has been prescribed); cast by an admitted impersonator; or bearing identification mark other than a finger print or printed number; (d) tendered ballot papers. Verified by:.................................................... 118 119 5. ......................................... ......................................... 6. ........................................ ......................................... 7. ........................................ ......................................... 8. ........................................ ......................................... 9. ........................................ ......................................... 10. ......................................... ......................................... 11. ......................................... ......................................... 12. ........................................ ......................................... 13. ......................................... ......................................... 14. ......................................... ......................................... 15. .......................................... ......................................... 16. Total Number of ballots in Ballot Box (Add 1-15) ......................................... 17. Number of destroyed ballots ......................................... 18. Total of spoilt ballot ......................................... 19. Number of unused ballots papers ......................................... ...........................................................................................Chiefdom Signature or Mark (2) Name .................................................................................................. Address:............................................................................................ Chiefdom Council.............................................................................. ...........................................................................................Chiefdom .......................................... Signature or mark (3) Name ............................................................................................ Address:....................................................................................... Chiefdom Council............................................................................ ........................................................................................Chiefdom .......................................... Signature or mark I .....................................................of........................................ being Paramount Chief of the .......................................................... ..................Chiefdom of the ...................District do hereby certify that I am willing to stand for election by the Chiefdom Council 20. To add 1 to 19 ......................................... 21. Number of ballot papers received from Commission ......................................... Note:- If the entries (20 and 21) disagreed, the statement is inaccurate, carefuly reexamine 1-20. Number of ballot papers in Ballot Box ......................................... Number of names on register of Electors ......................................... I hereby certify that the above statement is correct and that a copy was handed to the Assistant Presiding Officer, the Poll Clerk and to each of the polling agents who were present at the count. Dated at.............................................this...........day of.........................20........... Signature of Presiding Officer.............................. Certified in the presence of: Assistant Presiding Officer............................................. Polling Assistant................................................ Polling Agent(s)..................................................... ............................................................................. ............................................................................... .............................................................................. NINTH SCHEDULE (Section (97 (1)) FORM NOMINATION PAPER FOR PARAMOUNT CHIEF MEMBER OF PARLIAMENT To: THE ELECTORAL COMMISSION Through the: DISTRICT RETURNING OFFICER........................................ DISTRICT: We the undersigned being members of the Chiefdom Council of the .......................................District do hereby nominate Paramount Chief of the Chiefdom as a fit and proper candidate for election as a Paramount Chief member; (1) Name ................................................................................................. Address:............................................................................................ Chiefdom Council.............................................................................. 122 123 of..................in the .......................District, and in doing so, I hereby declare that I am qualified and not disqualified for membership in accordance with the requirements of sections 75 and 76 of the Constitution. Signature or Mark Date:........................................ This nomination paper was completed and signed in the presence of (1) Name of........................................... of ......................................... (2) Name of:.......................................... of ......................................... Signature of-........................................ Witness (1)........................................... Witness (2)............................................ 4 (1) A political party or independent candidate shall inform the local police authorities of the venue and time of any proposed meeting well in time so as to enables the police to make necessary arrangement for controlling traffic and maintaining peace and order. (2) A political party or independent candidate shall- (a) ascertain in advance if there are any restrictive or prohibitory orders in force in the place proposed for the meeting, and; (b) if such orders exist, they shall be followed strictly; (c) if an exemption is required from such orders it shall be applied for and obtained, well in time. (3) Organisers of a political meeting shall seek the assistance of the police on duty for dealing with persons disturbing a meeting or otherwise attempting to create disorder. (4) Organisers themselves shall not take action against such persons. (5) Parties shall denounce violence and cooperate with the lawenforcing agencies in the recovery of weapons of violence and the arrest of persons in possession of weapons of violence. Prohibited conduct 5. (1) A political party or independent candidate shall not do any of the following - (a) use language or act or behave in any way, that may provoke or promote violence during the campaign or intimidation of candidates, members of parties, representatives or supporters of political parties, candidate s or voters; (b) deface or unlawfully remove or destroy the posters, Received by me at .......................o'clock................................................................on the ..........................................day of............................................20............................ Signed.................................................. District Returning Officer for Electoral Commission. .................................................District TENTH SCHEDULE Section (165 (3) (b) (iii)) CODE OF CONDUCT Promotion of Code of Conduct 1. Political parties, their members and supporters and all independent candidates and their supporters shall promote this Code of Conduct, publicise it in their election campaigns and post a copy of it in a prominent place in their offices. Compliance with Code of Conduct 2. Political parties, their members and supporters and all independent candidates and their supporters shall - (a) instruct all their members, supporter and officials to comply with the Code of Conduct; (b) take all reasonable steps to ensure that, all their members, supporters and officials comply with the Code of Conduct in full; (c) make an oath or affirmation on the nomination form that they will abide by this Code of Conduct as the basis for acceptance to participate in public elections. Political parties and independent candidates to affirm rights 3. A political party or candidate shall publicly state that every political party has the right within the limits of the law to - (a) freely express their political beliefs and opinions; (b) challenge and debate the political beliefs and opinions of others and offer alternatives to those beliefs and opinions; (c) publish, distribute and post campaign materials and advertisements; (d) erect banners, billboards, placards and posters; (e) canvass support for a political party or candidates; (f) recruit members for a political party or campaign; (g) hold public meetings and rallies; and (h) travel and attend public meetings and rallies. 126 127 placards, billboard s, or any other election material of a political party or candidate; (c) aid, abet, tolerate; or promote intimidation in any form. All parties and independent candidates shall, in their manuals and instruction-s to members and supporters reinforce this prohibition; (d) tolerate any kind of violent activity to demonstrate political party strength or prove supremacy; (e) publish false or defamatory allegation in connection with an election in respect of - (i) a party, its candidates, representatives or members, (ii) a candidate or that candidate's representatives; (f) plagiarise the symbols, colours, acronyms or publications of other registered parties; (g) discriminate on the grounds of race, ethnicity, sex, gender, class or religion in connection with an election or political activity. Communication 11. A political party shall maintain communications with other political parties. Safety, Independence, security of electoral officials, accredited observers, etc. 12. A Political parties, their members and supporters and all independent candidates and their supporters shall - (a) ensure the safety and security of electoral officials, party agents, accredited observers, ballot boxes and other materials before, during and after a public election; (b) respect and cooperate with any election official or & accredited observer in maintaining the secrecy of the voting. Campaigning 13. A political party or an independent candidate shall not indulge in an activity which may create or aggravate tension between gender, ethnicity, language, class or religious faith. ELEVENTH SCHEDULE (Sections 45(1), 56(6), 102, 103, 107) NOMINATION FEE FORMULAE OFFICE FORMULAE President Minimum wage X 12 months X 5 years Member of Parliament Minimum wage X 6 months Paramount Chief Member of Parliament Minimum wage X 6 months Mayor or Chairman Minimum wage X 3 months Councilor Minimum wage Village Head Half of minimum wage Freedom of access 6. Political parties shall ensure freedom of access of all other Political Parties and candidates to all potential voters on public or private property and ensure that potential voters wishing to participate in political activities are free to do so Cooperation with the Commission 7. (1) A political party and independent candidate shall recognise - (a) the authority of the Electoral Commission in the conduct of public elections; (b) the duty of the Electoral Commission to take measures to ensure that the elections are conducted under conditions of complete freedom and fairness in accordance with the Pubic 8. In furtherance of this Act, a political party and independent candidate shall - (a) give effect to any lawful direction, instruction, or order of the Electoral Commission, or an authorised member, employee or officer of the Commission or any of them. (b) facilitate the access of members, employees and officers of the Commission, to public meetings, demonstrations and rallies of that party or candidate; (c) co-operate in any investigation of the Commission; (d) take reasonable steps to ensure the safety of members, employees and officers of the Commission in the exercise of any power or performance of any duty under this Act and ensure that representatives of political parties and independent candidates attend meetings or other forum convened by the Commission. . Corporation with the media 9. Under media guild lines, every political parties and every independent candidate shall - (a) recognise the role of the media before, during and after the elections; (b) not prevent access by members of the media to public political meetings, marches, demonstrations and rallies; (c) take all reasonable steps to ensure that journalists are not subjected to harassment, intimidation, hazards, threats or physical assault by any of their representatives or supporters. Intimidation and coercion 10. A party or an independent candidate shall not - (a) intimidate, a person before, during or after an public election; or (b) intimate a Paramount Chief or the subjects of a Paramount Chief or any other authority to deny a political party or independent candidate the right of access to a chiefdom for political functions; (a) raise a private force or militia or use the police or Armed Forces to intimate its or his opponents so as to gain political or electoral advantage. 130 131 No. 17 The Public Elections Act 2022No. 17 The Public Elections Act 2022 133 FORMULA FOR ALLOCATING SEATS UNDER THE DISTRICT BLOCK REPRESENTATION SYSTEM 1. The basis of allocating seats to political parties under the District Block Representation system will be the total number of valid votes cast in each district, hereinafter referred to as the total district votes. The total district votes will be obtained by adding up the valid votes from all the polling stations in the district. 2. In this explanatory note, the example used is that six political parties, named A, B, C,D ,E and F, competed for a total of six seats in a particular district, hereinafter referred to as district seats, and that the total district votes were 172,885. 3. The total number of valid votes cast for each political party separately, hereinafter referred to as the party votes, will be ascertained. Let us assume that the votes obtained by the six parties are as in the table below: PARTY A PARTY B PARTY C PARTY D PARTY E PARTY F TOTAL DISTRICT VOTES 6,501 12,430 18,505 38,916 44,969 51,565 172,885 It is to be noted that, when the party votes are added up, they should always give the same total as the total District votes 4. In each district, the number of votes that a political party requires to be allocated one seat will be determined by dividing the total district votes by the district seats. The number of votes so determined will hereafter be referred to as the threshold or quota of votes. The threshold or quota of votes can be obtained in two ways: - (a) As a percentage of the total district votes: To get the percentage, divide 100% (representing 100% of the district votes) by the district seats. In this example, if we divide 100% by 6 (the number of seats being competed for by the political parties) the results will be 16.66% as the threshold or quota of votes. Expressed as a percentage the threshold or quota or votes can easily be determined for each district before the elections, as soon as the total number of seats for each district is known. (b) As actual votes: In this case, divide the total district votes by the district seats. In this example, if we divide 172,885 votes (being the total district votes) by 6 (being the number of district seats), the result will be 28,814 votes as the threshold or quota of votes. This can be done only after the elections, when the total district votes are known. It is to be noted however, that in both instances the result is the same, as 28,814 votes represent 16.66% of 172,885 votes. No. 17 The Public Elections Act 2022No. 17 The Public Elections Act 2022134 135 5. Any political party whose share of the total district votes is less than the threshold or quota of votes fails to win a seat and therefore, drops out of any further calculations for purposes of the allocation of seats. The table below shows the status of the six parties in this regard. It can be seen from the table that each of parties A, B and C did not obtain the required quota of 28,814 votes or 16.66% of the total district votes; and, therefore, fails to win any seat. 6. The remaining parties, D, E and F will thus be allocated the six district seats in accordance with their percentage shares of the total district votes. For this purpose, their percentage shares will be treated as ratios in relation to one another , thus giving the equation ; 22.50: 26.01:29.82=6. The equation is to be worked out in the following way; Add up the ratios; i.e. 22.50+26.01 +29.82 =78.33. So, the equation becomes 78.33=6. The results for the three parties will be: D (22.50 × 6 ÷ 78.33) =1.72 E (26.01 × 6 ÷78.33) =1.99 F (29.82 × 6 ÷ 78.33) =2.28 7. Seats will first be allocated to the parties without taking any decimal fraction into consideration. In this example, the allocation will be: D:1 seat E: 1 seat F: 2 seats 8. The number of seats so allocated will then be added up ( 1+1 +2=4) and the total subtracted from the district seats ( 6-4=2) The resultant figure (2) represents the seats that remain to be allocated. 9. Any number of remaining seats will be allocated to the parties in the following manner: The party with the highest decimal fraction (E with. 99) gets the 1st of the remaining seats. The party with the next highest fraction (D with .72) gets the 2nd of the remaining seats. The process continues in descending order until all the remaining seats have been allocated. 10. In this example, since 2 seats remained to be allocated, party F with a decimal fraction of 28 gets no additional seat. So, the final allocation of seats to the political parties will be: A B C D E F TOTAL DISTRICT VOTES THRESHOLD 6,501 12,430 18,505 38,916 44,969 51,564 72,885 28,814 3.76% 7.18% 10.70% 22.50% 26.01% 29.82% 100% 16.66% D (1+1) = 2 E (1+1) = 2 F (2+0) = 2 11. In case there is only one seat remaining to be allocated, and two or more parties have the same decimal fraction, the seat will be allocated to the party with the highest elective votes. The elective votes for each of the parties concerned will be obtained by dividing the total party votes (being the total number of votes cast for each party separately) by the number of seats already allocated to the party plus one (the sum being the number of seats the party would obtain overall if one or more seat were to be allocated to it). This scenario is illustrated in the Table below, in which three parties are assumed to have competed for six district seats, with a tie (0.4) in the decimal fractions. TOTAL VOTES RATIO FIRST ALLO CATIO N ELECTIVE VOTES IF PLUS 1 SEAT RANK FIRST ALLOC ATION PLUS FINAL SEATS PARTY A 87,7224 2.4 2 29,241 (87,729 ÷ 3) 1st 2+1 3 PARTY B 80,399 2.2 2 2+0 2 PARTY C 51,165 1.4 1 25,583 (51,165 ÷2) 2nd 1+0 1 DISTRICT 219,288 6 5(1) 5+1 6 Passed in Parliament this 27th day of July, in the year of our Lord two thousand and twenty two. PARAN UMAR TARAWALLY Clerk of Parliament. THIS PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed Parliament and found by me to be a true and correct printed copy of the said Bill. PARAN UMAR TARAWALLY Clerk of Parliament. PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTING DEPARTMENT, SIERRA LEONE. EXTRAORDINARY GAZETTE NO. 67 OF 20TH SEPTEMBER, 2022.

Read the whole lawDownload PDFAsk Tima what this means

Check the current official version before relying on this text. MiLAWYER shares legal information, not legal advice.