ELECTORAL ACT (as amended at 24th January 2008)
(3) This section shall not be construed as applying to any money deposited with a
constituency elections officer in terms of section forty-seven.
98
Receipts for election expenses
Every payment in respect of any election expenses shall, except where it is less than such
sum as may be prescribed in all in any account, be vouched for by a bill stating the
particulars, and by a receipt or some other evidence of payment.
99
Claims for election expenses
(1) Every claim against a candidate at an election or his or her chief election agent in
respect of any election expenses which is not sent in to the chief election agent within the
time limited by this Part shall be barred and shall not be paid and, subject to such exceptions
as may be allowed under this Part, a chief election agent who pays a claim in contravention of
this subsection shall be guilty of an illegal practice and liable to a fine not exceeding level six.
(2) Except as permitted by this section, the time limited for sending in claims referred to
in subsection (1) shall be sixty days after the day on which the candidate who was returned
was declared elected.
(3) All election expenses in respect of a candidate shall be paid within the time limited
by this section and not otherwise and, subject to such exceptions as may be allowed under this
section, a chief election agent who makes a payment in contravention of this provision shall
be guilty of an illegal practice and liable to a fine not exceeding level six.
(4) Except as permitted by this section, the time limit for the payment of election
expenses referred to in subsection (3) shall be seventy-two days after the day on which the
candidate who was returned was declared elected.
(5) If a chief election agent, in the case of any claim sent in to him or her within the time
limited by this section, disputes it or refuses or fails to pay it within the period of seventy-two
days referred to in subsection (4), the claim shall be deemed to be a disputed claim.
(6) The person making the claim referred to in subsection (1) may, if he or she thinks fit,
bring an action for a disputed claim in any competent court and any sum paid by the candidate
or his or her agent in pursuance of the judgment or order of such court shall be deemed to be
paid within the time limit and to be an exception to the provisions of this Part requiring claims
to be paid by the chief election agent.
(7) The court, on application by the person making the claim referred to in subsection (1)
or by the candidate or his or her chief election agent, may, if cause is shown to its satisfaction,
by order, give leave for the payment by a candidate or his or her chief election agent of a
disputed claim or of a claim for any election expenses, although sent in after the expiry of the
time limit referred to in subsection (2) for sending in claims, or although the claim was sent in
to the candidate and not to the chief election agent, and any payment made in pursuance of
such order shall be deemed to be made within the time limited by this section.
(8) Where the court reports that it has been proved to it by a candidate that any payment
made by a chief election agent in contravention of this section was made without the sanction
or connivance of such candidate, the election of such candidate shall not be void nor shall he
or she be subject to any incapacity under this Act by reason only of such payment having
been made in contravention of this section.
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