ELECTORAL ACT
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(6) The constituency elections officer shall ensure that the appropriate presiding officer
receives the ballot paper envelopes sent to him or her at least two days before the polling day or
the first polling day, as the case may be, in the election concerned.
[Subsection amended by s. 42 of Act No. 3 of 2012]
77 Postal ballot boxes
(1) Every presiding officer who receives any ballot paper envelopes dispatched to him or
her in terms of section 76(5) shall provide a postal ballot box at the polling station for the
reception of the ballot paper envelopes.
[Subsection amended by s. 42 of Act No. 3 of 2012]
(2) The presiding officer shall give to each candidate or his or her chief election agent
reasonable notice of the time, date and place at which he or she will seal the postal ballot box,
which date shall be at least two days before the polling day or first polling day, as the case may
be, in the election.
[Subsection amended by s. 42 of Act No. 3 of 2012]
(3) At the time and place notified, the presiding officer shall show the postal ballot box
open and empty to such candidates and election agents and observers as are present and it shall
then be sealed with the presiding officer’s seal and the seals of such candidates and agents as
wish to affix their seals and shall be marked “Postal Ballot Box”, and the presiding officer shall
make adequate provision for the safe custody of the ballot box.
[Subsection amended by s. 42 of Act No. 3 of 2012]
(4) The presiding officer shall immediately place in the postal ballot box, unopened, all the
ballot paper envelopes he or she receives from the voter registration officer in terms of section
76(5).
[Subsection amended by Second Schedule to Act No. 3 of 2016 and by s. 42 of Act No. 3 of 2012]
78 Opening of postal ballot boxes
(1) After the close of the poll and before the time fixed for the counting of the votes, the
presiding officer shall, in the presence of such electoral officers, candidates, election agents and
observers as are entitled to be present—
(a) open the postal ballot box; and
(b) count and record the number of envelopes in the postal ballot box; and
(c) compare the number of envelopes in the postal ballot box with the number specified in
the accompanying note or notes sent by the voter registration officer in terms of
section 76(5) and, if there is any discrepancy between the numbers, inform the
candidates, election agents and observers who are present.
[Paragraph amended by Second Schedule to Act No. 3 of 2016 and by s. 42 of Act No. 3 of 2012]
(2) The presiding officer shall then examine each ballot paper envelope and ensure that the
name of the voter written on the back of the envelope is that of a voter registered on the voters
roll of the constituency and ward, and that the voter’s name has been marked in the manner
specified in section 74(5) as that of a voter to whom a postal ballot paper has been issued.
[Subsection amended by s. 42 of Act No. 3 of 2012]
(3) If the name of the voter written on the back of a ballot paper envelope—
(a) appears on the voters roll of the polling station and is noted as that of a voter to whom
a postal ballot paper has been issued, the presiding officer shall cause the envelope to
be opened and the ballot paper therein to be placed in a separate package, to be
counted along with the votes cast at polling stations in the election concerned;
[Paragraph amended by s. 42 of Act No. 3 of 2012]
(b) does not appear on the voters roll of the polling station and is not noted as that of a
voter to whom a postal ballot paper has been issued, the presiding officer shall endorse
the envelope “vote rejected” and place the envelope, unopened, in a separate package.
[Paragraph amended by s. 42 of Act No. 3 of 2012]
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