ELECTORAL ACT ____________________________________________________________________________________ (3) Notwithstanding any other provision of this Act, where a voters roll has been prepared for a polling station area— (a) voters who are registered on that roll shall cast their votes in any election at the polling station for whose area the roll was prepared, unless they are permitted by this Act to vote by post; [Paragraph amended by Part VI of Schedule to Act No. 3 of 2016] (b) the provisions of this Act applicable to or in respect of constituencies and wards, and constituency and ward voters rolls, shall apply, with any necessary changes, to or in respect of the polling station area and such voters roll. [Section inserted by s. 42 of Act No. 3 of 2012, and brought into operation on 24.5.2018 by GN 359C of 2018] PART V RESIDENCE QUALIFICATIONS OF VOTERS AND REGISTRATION OF VOTERS 23 Residence qualifications of voters (1) Subject to the Constitution and this Act, in order to have the requisite residence qualifications to be registered as a voter in a particular constituency, a claimant must be resident in that constituency at the date of his or her claim: Provided that if a claimant satisfies the Commission that he or she is or intends to be a candidate for election as a member of Parliament for a particular constituency in which he or she is not resident, the claimant may be registered as a voter in that constituency. [Subsection as amended by s. 87 of Act No. 17 of 2007 and by Second Schedule to Act No. 3 of 2016] (2) For the purposes of subsection (1), a claimant shall be deemed to be residing in a constituency while he or she is absent therefrom for a temporary purpose. (3) A voter who is registered on the voters roll for a constituency, other than a voter who has been registered in that constituency in terms of the proviso to subsection (1), shall not be entitled to have his or her name retained on such roll if, for a continuous period of eighteen months, he or she has ceased to reside in that constituency: Provided that nothing in this subsection shall prevent his or her name from being struck off such voters roll— (a) on his or her being registered in another constituency; or (b) if he or she becomes disqualified for registration as a voter. [Subsection amended by s. 9 of Act No. 6 of 2018] (4) The Commission, any voter registration officer or any officer of the Commission may demand from any voter who is registered on the voters roll for a constituency proof of identity or proof of residence in that constituency or both of the foregoing. [Subsection amended by Second Schedule to Act No. 3 of 2016] (5) For the purposes of subsection (4), the Commission may prescribe documents that shall constitute proof of identity and additionally, or alternatively, proof of residence: Provided that the prescribing of such documents shall not preclude a person from proving his or her identity or residence by other means. [Subsection inserted by s. 7 of Act No. 3 of 2012] 24 Claims for registration (1) Any person who wishes to be registered as a voter on the voters roll for any constituency shall complete the appropriate prescribed claim form and submit it to a voter registration officer at any registration office: Provided that a claimant⎯ (i) may request the assistance of a voter registration officer at the registration office to complete the appropriate prescribed claim form, and the officer shall comply with that request; 35

Select target paragraph3

Add to table of contents