Law library · Sierra Leone · The Public Elections Act, 2022
Section 34, The Public Elections Act, 2022
Status not yet checkedThe Public Elections Act, 2022, Sierra Leone
(1) A person - (a) whose claim to have his name inserted in a
provisional list has been disallowed;
Grounds of
Procedure
on appeal.
(b) inspect existing rate books, local tax
assessment lists and all other similar records
relating to an area or ward and any officer of
a local council or other person having the
custody of the records shall afford the
Electoral Commission every facility as may
be required.
(2) A field registrar shall submit to the Electoral
Commission and to the Registration Officer of the electoral area
concerned a report of the enquiries carried out under subparagraph
(i) of paragraph (a) of subsection (1) in which he shall set out the
names and other particulars of every person found by him to be
eligible to be registered.
29. (1) A person whose name has been omitted from a
provisional list of voters or part of the list prepared and exhibited
under section 27, and who claims to have satisfied the Registration
Officer concerned of his entitlement to be registered under
this Act shall, during the period of exhibition of the provisional list or
part of it, apply or present himself to the Electoral Commission to
have his name inserted in the provisional list, as provided for in Form
D of the Second Schedule.
(2) A person whose name appears in a provisional list or
part of it may object to another person whose name also appears in
the provisional list as not being entitled to be registered as a voter
and shall, during the period of the exhibition of the provisional list or
part thereof under section 27, give notice of his objection to the
Electoral Commission in Form E in the Second Schedule and to the
person objected to, in Form F of the Second Schedule, giving reasons
for his objection.
(3) The Electoral Commission shall, within 5 days of the
expiration of the exhibition referred to in subsections (1) and (2),
cause to be prepared and exhibited, in a place where a provisional list
or part of the list has been exhibited under section 27, a statement of
all claims and objections in respect of the copy or part of the
provisional list, giving the names of the persons who have made the
claims or the objections.
30. (1) A public inquiry shall be held for each ward by the
Revising Officer for that ward for the purpose of revising the
provisional list for the ward.
(2) A public inquiry under subsection (1), shall -
(a) be held not later than 8 days after the
publication of the list of claims and objections
referred to in subsection (3) of section 29, as
may be fixed by the Revising Officer, and
(b) 5 days' notice shall be given, in such manner
as the Revising Officer may consider
appropriate, of the holding of the inquiry and
of the place and time at which the inquiry is
to be held.
31. (1) A Revising Officer shall, upon the production at an
inquiry by the Registration Officer of the provisional list for the ward
and statement of claims and objections relating to the list, go through
the provisional list and insert the name of every person who is proved
to his satisfaction to be entitled to have his name inserted therein
and strike out the name of every person who, upon the application
of an objector or of the Registration Officer, is proved to the satisfaction
of the Revising Officer not to be entitled to have his name retained in
the list or to be dead.
(2) Where an objector, other than a Registration Officer,
appears neither in person nor by counsel, the objection shall be
overruled and the name of the person objected to shall be retained as
a voter in the provisional list.
32. (1) A Revising Officer holding an inquiry under section
30 may require any of the parties present to give information which
the Revising Officer may require and may, subject to section 36,
adjourn the inquiry to such time and as often as may be necessary.
18 19
Procedure as
to omissions
objections.
Revision
inquiries.
Procedures
of revision.
Powers of
Revising
(b) who has made an objection to another person
as not being entitled to have his name
inserted in a provisional list;
(c) whose name has been struck from a
provisional list; or
(d) who has made an objection to another person
as not being entitled to have his name
inserted in a provisional list, that is
dissatisfied with a decision of a Revising
Officer on a point of law material to the result
of his case, may, either in person or by
counsel,
deliver to the Registration Officer within 7 days after the decision of
the Revising Officer was given, a notice in writing of his desire to
appeal to the Court by way of a case stated and such notice shall
contain a short statement of the decision against which he desires to
(2) A Registration Officer shall forthwith forward the
notice of appeal under subsection (1), to the Revising Officer.
(3) A Revising Officer shall, upon receiving a notice of
appeal under subsection (1), -
(a) state in writing -
(i) the facts which, in his judgement, have
been established by the evidence in the
case and which are material to the matter
in question;
(ii) his decision upon the whole case; and
(iii) his decision upon any point of law
appealed against, and
(a) 3 months from the date of receipt of the
application in the case of a General and
Presidential election;
40. (1) Where a voter loses a voter registration card or where
a voter card is destroyed, defaced, torn or otherwise damaged, the
voter concerned shall, not less than 21 days before the date of an
election apply to the Registration Officer for the ward in which he is
ordinarily resident, stating the circumstances of the loss, destruction,
defacement or damage, as the case may be.
(2) Where the Registration Officer is satisfied as to the
circumstances of the loss, destruction or defacement of, or damage
to the voter registration card, he shall issue to the applicant a copy of
the Voter Registration Card with the word "DUPLICATE" clearly
printed on it and showing the date of issueance.
(3) In the case of defacement of or damage to a voter
registration card, the Registration Officer shall immediately cancel
the voter registration card surrendered by the voter.
(4) A person shall not issue a duplicate voter registration
card to a voter on polling day or less than 14 days before polling day.
41. (1) The proprietary rights in a voter registration card
issued by the Electoral Commission shall vest in the Electoral
(2) A person wishing to vote in an election shall present
the voter registration card issued by the Electoral Commission.
(3) Notwithstanding subsection (2), a person whose
name appears on the Register of Voters shall be entitled to vote at an
election even though he does not possess or present to the Presiding
Officer, Assistant Presiding Officer or the Polling Assistant a voter
registration card, if he satisfies the officer that he is the person whose
name appears on the Register of Voters for the ward or polling station
in question.
Loss or
destruction
of voter
card.
Proprietary
rights in
voter
cards.
(b) sign and date his statement.
(4) The Master and Registrar of the Court shall, after
receiving a case stated under subsection (3) from the Revising Officer,
file the case in the Court and forthwith set down the appeal for hearing
and give 7 clear days' notice of the date of hearing of the appeal to
the appellant and respondent.
(5) When the Court has determined an appeal, the Master
and Registrar of the Court shall forward forthwith to the Revising
Officer a statement under his hand of the decision of the Court.
(6) Where a decision of the Revising Officer is reversed
or altered by the Court so as to require an alteration or correction in
a provisional list of the Register of Voters, the Revising Officer shall
forthwith alter or correct the list accordingly and shall sign his name
after the words "altered (or corrected) an Order of the Court dated
the..........day of ..........20......" which he shall write against every
alteration or correction on the provisional list.
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