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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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