Law library · Sierra Leone · The Public Elections Act, 2022
Section 66, The Public Elections Act, 2022
Status not yet checkedThe Public Elections Act, 2022, Sierra Leone
Where by 6 O'clock in the afternoon of the last dayappointed for the receipt of nominations-
(a) the number of persons remaining nominated
exceeds the number of vacancies, a poll shall
be taken and the result shall be declared in
accordance with this Act;
Death of
Final list of
candidates
published by
Contested
election and
unopposed
candidates.2
(a) the particulars of the candidate or his
nominators are not as required by law;
(b) the nomination paper is not subscribed as
required;
(c) either one or both of the nominators are not
voters;
(d) the candidate has not paid the prescribed
nomination fee; or
(e) the candidate is a person disqualified from
being a Member of Parliament under section
76 of the Constitution.
(3) A Returning Officer shall give his decision on an
objection to a nomination paper as soon as practicable after it is
made, but in any event before 6 o'clock in the afternoon of the last
day appointed for the receipt of nominations.
(4) Where a Returning Officer decides that a nomination
paper is invalid, he shall endorse and sign on the paper the fact and
the reasons for his decision.
(5) A candidate aggrieved by the decision of the Returning
Officer as to the validity or otherwise of a nomination paper may
appeal to the Electoral Commission not later than 72 hours, who may
uphold the decision of the Returning Officer or reverse it.
(6) The decision of the Returning Officer or, in the case
of an appeal, the Electoral Commission, on the validity of a nomination
shall be final and shall not be questioned in any proceedings
whatsoever, except by way of an election petition.
62. (1) A candidate may withdraw his nomination by
personally delivering to the Returning Officer, a written notice signed
by him before the close of normination.
(2) A notice of withdrawal under subsection (1), shall
take effect in the order in which it is delivered and shall have no effect
if it would result in an electoral area not having a candidate to fill the
vacancy.
(3) A candidate shall not withdraw his nomination after 5
days following the close of nomination in which the ballot for elections
or referenda has been designed and the contract for the printing of
the ballot has been signed 5 days after close of nomination.
63. Where a nominated candidate withdraws his candidature-
(a) the number of persons remaining nominated
exceeds the number of vacancies, a poll shall
be taken in accordance with this Act;
(b) the number of persons remaining nominated
is the same as the number of vacancies, the
Returning Officer shall forthwith declare the
person or persons to be duly elected;
(c) a person is not nominated or the number of
persons remaining nominated is less than
the number of vacancies, the Returning
Officer shall-
(i) not declare the persons remaining
nominated to be duly elected; and
(ii) notify the Electoral Commission who
shall by notice published in the Gazette,
appoint some other convenient day for
the election to fill any vacancy which
remains unfilled and all proceedings
with reference to the election to fill the
vacancy shall commence afresh.
34 35
Withdrawal
of candidate.
Action on
withdrawal.
(b) the number of persons remaining nominated
is the same as the number of vacancies, the
Returning Officer shall forthwith declare the
person or persons to be duly elected;
(c) a person is not nominated or the number of
persons remaining nominated is less than
the number of vacancies, the Returning
Officer shall-
(i) not declare the persons remaining
nominated to be duly elected; and
(ii) notify the Electoral Commission who
shall by notice published in the Gazette,
appoint some other convenient day for
the election to fill any vacancy which
remains unfilled and all proceedings
with reference to the election to fill the
vacancy shall commence afresh.
PART VII - PROCEDURES AND ARRANGEMENTS FOR
ELECTIONS
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