SPECIAL VOTING
particularly to the counting, collation and verification of votes are similar for both postal and special
voting and will be analysed together to prevent unnecessary duplication.
Postal Voting
•
Clause 26 introduces a new Part XIV in the Act which will restrict postal voting to people who
are outside Zimbabwe on Government business, as well as their spouses if they are also out of
the country. It also simplifies the previously elongated and bureaucratic procedure for obtaining
postal ballots and for voting by post. A significant step introduced through a new Section 71
with the effect that persons in the Government or Diplomatic service who wish to apply for a
postal ballot may be authorised by electronic mail to do so by their head of Ministry or station,
Embassy or consular mission.
•
However, to ensure the authenticity of such electronic communications certain safeguards are
provided in the new provisions. For example, they must use official electronic mail addresses,
the email must be authenticated by the sender’s electronic signature and to constitute a ‘letter’
for purposes of the legislation, the email must be printed in hard copy. It may be necessary,
however, to provide a legislative definition of what is meant by “official electronic mail address”
for the avoidance of doubt.
•
Also important is Section 73 (5) which is designed to enhance transparency by requiring
chronological recording of all applications for postal voting and make them available for free
public inspection. Similarly Section 74 (4) requires that the Chief Elections Officer keeps a list
of all ballot papers issued and relevant details of the person to whom they were issued which will
also be available for free public inspection. The voters’ roll for each constituency should record
clearly that specified individual voters have been allowed to use postal voting.
•
The remaining provisions – Section 75, 76, 77, 78 and 79 deal with the modalities of postal
voting the central line being to safeguard the integrity of the procedure by promoting
transparency and accurate distribution of ballots to relevant wards and constituencies and
recording of the results. There seems to be a discrepancy in Section 77, where paragraph (4)
should probably come before what is contained in paragraph (3). It seems logical that the Ward
Elections Officer can only place in the postal ballot box all the unopened ballot paper envelopes
before that box is sealed in the presence of election agents and observers. The present
sequence does not seem appropriate and could be confusing. Additionally as a security measure,
tamper proof envelopes can be used to prevent fraudulent activity.
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