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Section 114, The Public Elections Act, 2012

Status not yet checkedThe Public Elections Act, 2012, Sierra Leone

(1) An electoral officer performing a duty under this Actor any other enactment who– (a) wilfully or negligently fails to perform the duty in an impartial manner, (b) makes use of or attempts to make use of his official duties or position to influence the way in which a person votes, (c) knowingly subverts the process of free and fair elections; (d) knowingly obstructs the Electoral Commission in the discharge of its functions; (e) otherwise interferes with the functions of the Electoral Commission, (2) An electoral officer having a duty to perform under this Act or any other enactment relating to an election who– (a) makes, in a record, return or other document which he is required to keep or make under that enactment, an entry which he knows or has reasonable cause to believe to be false, or does not believe to be true; (b) 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; (c) 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; (d) 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; (e) wilfully rejects or refuses to count a ballot paper which he knows or has reasonable cause to believe is validly cast for any candidate in accordance with this Act or any other enactment; (f) 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; (g) interferes with a voter in the casting of his vote in secret; (h) where required under this Act or any other enactment to declare the result of an election, fails to declare the results of an election; 64 65 Improper practices by electoral officers. (i) except in the case of a member or officer of the Electoral Commission or person authorised to do so, purports to make a formal declaration or formal announcement of an election result; (j) without reasonable cause does or omits to do anything in breach of his official duty; (k) colludes with a political party or candidate for the purpose of giving an undue advantage to the political party or candidate; (l) 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 (m) fails to prevent or report to the Electoral Commission and any other relevant authority, the commission of an electoral malpractice or offence under this Act, (3) A person who is convicted of an offence under subsection (1) shall not be eligible to hold public office for a period of ten years following the conviction.

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