Law library · Sierra Leone · The Public Elections Act, 2012
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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