ELECTORAL REGULATIONS, 2005 [Form repealed by s.i 88 of 2013]. (21) The forms prescribed in respect of elections of members of Parliament shall be used, where applicable and with appropriate modifications, in respect of any election to the office of President or any elections to the governing bodies of local authority councils. (22) The certification required to enable a member of the Public Service to be eligible for nomination as a candidate and for election as councillor in terms of section 119(5) of the Act shall be in form V.21. (23) … [Form repealed by s.i 88 of 2013]. 4. Addresses of constituency elections officers The Chief Elections Officer shall, not more than fourteen days after the day fixed by the President in terms of section 38(2)(a) of the Act as the day on which the nomination court shall sit, appoint constituency elections officers for each constituency and specify by notice in the Gazette the constituency or constituencies involved and address of the constituency elections officer for each constituency. 5. Distinction of ballot papers when Parliamentary and Presidential elections coincide When Parliamentary and Presidential elections coincide, ballot papers issued to voters in the Parliamentary election shall be printed in a colour different from that in which ballot papers issued to voters in the Presidential election are printed. 6. …. [Section repealed by s.i 88 of 2013] 7. Instruments for marking ballot papers (1) An electoral officer shall not divulge to any person particulars of the instrument which is supplied to electoral officers for marking ballot papers with the official mark. (2) The constituency elections officer shall place the instruments referred to in subsection (1) in sealed packets, and shall not open such sealed packets or permit them to be opened until immediately before the commencement of the poll. 8. Counting of votes (1) At the time notified by the presiding officer for the counting of votes the presiding officer shall distribute the ballot papers in each ballot box referred to in section 55(1) of the Act to counting officers in lots suitable for scrutiny and counting. (2) The counting officers shall scrutinize the ballot papers and set aside all ballot papers which, in their opinion, are such as are described in section 63(3) of the Act for the decision of the presiding officer in terms of that subsection. (3) The counting officers shall set aside in a separate pile or bundle those ballot papers which do not bear the official mark of a presiding officer so that the presiding officer may determine, after the number of votes cast at the election has been ascertained, whether such ballot papers should not be rejected by virtue of section 63(5) of the Act. (4) When the scrutiny of the ballot papers is completed, the presiding officer, with the assistance of the counting officers, shall then ascertain the result of the poll by counting the votes. (5) The presiding officer shall adopt such means as to him or her seem best suited for dealing with the counting of the votes, and shall direct that every pile or bundle of ballot papers made up by any counting officer shall be handed to another counting officer or to himself or herself, but to no other person, to be checked in order to ensure that every such pile or bundle comprises no more and no less than the number of ballot papers stated to be comprised therein by the first counting officer. (6) The presiding officer shall record the details of the counting on a polling station-return as shown on form V.11. 9. No person to notify results before polling-station return has been affixed outside the polling station No person in attendance at the counting of the votes shall, before the result of the poll is recorded on the polling-station return and such polling-station return has been affixed outside the polling station by the presiding officer in accordance with section 64(2) of the Act, communicate to any person outside the place where the votes are being counted any information relating to the results of the count or to the number of votes given to any particular candidate at that polling station. 10 Collation of polling-station returns and aggregation of ordinary, postal and special ballots by Ward Elections Officer (1) There shall be established in every ward where an election is to take place a ward elections officer whose role will be to count the postal and special ballots, if any, received in that ward, collate the polling station returns in his or her ward and add together these figures to arrive at the final results of the ward election and incorporate these into Form V. 23A. 3

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