ELECTORAL ACT
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86 Maintenance of secrecy and non-interference with voters and ballot papers
(1) Every electoral officer, monitor, candidate and chief election agent or election agent in
attendance at a polling station shall maintain, and aid in maintaining, the secrecy of the voting at
that station and shall not communicate, except for some purpose authorised by law, to any
person any information likely to defeat the secrecy of the voting.
(2) No person, except as provided in this Act, shall—
(a) interfere with or attempt to interfere with a voter when marking his or her vote, or
otherwise attempt to obtain in the polling station information as to the candidate for
whom a voter in that station is about to vote or has voted; or
(b) communicate at any time to any person any information obtained in a polling station as
to the candidate for whom a voter in such station is about to vote or has voted or as to
the number on the ballot paper given to a voter at such station.
(3) No person shall, directly or indirectly, induce a voter to display his or her ballot paper
after he or she has marked the same in such a manner as to make known to any person the name
of the candidate for whom the voter has so marked his or her vote.
(4) No person shall place upon a ballot paper any mark or writing whereby a person who
gives his or her vote on that ballot paper may be identified.
(5) Subject to section 59, no person shall attempt to ascertain or, directly or indirectly, aid
in ascertaining for which candidate a voter has given his or her vote.
[Subsection amended by s. 48 of Act No. 6 of 2014]
(6) Any person who contravenes any provision of this section shall be guilty of an offence
and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one
year or to both such fine and such imprisonment.
87 Persons wilfully failing in their duties guilty of offence
Any electoral officer or other person who wilfully fails to perform any of the duties which
by this Act he or she is required to perform shall be guilty of an offence and liable to a fine not
exceeding level ten.
88 Obstruction of election officials
Any person who, knowingly and without just cause, hinders or obstructs any—
(a) Commissioner; or
(c) electoral officer or employee of the Commission; or
(c) observer;
shall be guilty of an offence and liable to a fine not exceeding level fourteen or to imprisonment
for a period not exceeding one year or to both such fine and such imprisonment.
[Section as substituted by s. 56 of Act No. 17 of 2007]
89 Disorderly conduct in polling station
(1) Any person who, without lawful excuse
(a) on polling day in any election, enters a polling station without permission from an
electoral officer; or
(b) wilfully disrupts peaceful voting at a polling station; or
(c) wilfully interferes with a voter who is marking his or her ballot paper;
shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for
a period not exceeding six months or to both such fine and such imprisonment
(2) Any person who on polling day in any election, and in a polling station or in the
immediate vicinity of a polling station, is intoxicated by liquor or drugs or violent or disorderly
shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for
a period not exceeding six months or to both such fine and such imprisonment.
95
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