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ELECTORAL COMMISSION ACT.

ARRANGEMENT OF SECTIONS.

   Section

PART I
GENERAL.

   1.   Interpretation.

   2.   Commission to be a body corporate.

   3.   Oath of commissioners.

   4.   Commissioners to work on a full-time basis.

   5.   Secretary and other staff of the commission.

   6.   Terms of employment.

   7.   Leave to serve under other Acts.

   8.   Procedure of the commission.

   9.   Funds and expenses of the commission.

   10.   Seal of the commission.

   11.   Constituencies.

PART II
PARTICULAR FUNCTIONS OF THE COMMISSION.

   12.   Additional powers of the commission and regulation of ballot papers.

   13.   Independence of the commission.

   14.   Assignment of duties by the commission, etc.

   15.   Power of the commission to resolve complaints; appeals.

   16.   Power to accredit observers.

   17.   Right of the commission to bring actions.

PART III
NATIONAL REGISTER OF VOTERS AND VOTERS ROLLS.

   18.   National voters register and voters rolls.

   18A.   Commission to transmit voters register to political parties and organisations.

   19.   Registration of voters.

   20.   Electoral districts.

   21.   Registrars.

   22.   Assistant registrars and update officers.

   23.   Duties of registrars and update officers.

   24.   Inspection of constituency voters rolls, printing of the rolls and use of the printed rolls.

   25.   Display of copies of the voters rolls; objections to the rolls.

   26.   Power to print and issue voters cards.

   27.   Power to issue duplicate voters cards.

   28.   Offence of buying or selling voters card.

   29.   Offences relating to registration of voters.

PART IV
RETURNING OFFICERS AND OTHER ELECTION OFFICERS.

   30.   Appointment of returning officers, etc.

   31.   Appointment and duties of assistant returning officers.

   32.   Replacement of an assistant returning officer.

   33.   Polling stations and polling centres.

   34.   Appointment of presiding officers.

PART V
BOUNDARY DEMARCATION APPEAL TRIBUNALS.

   35.   Publication of commissioner's decision on demarcation.

   36.   Right of appeal.

   37.   Appeal tribunal.

   38.   Qualifications for appointment to tribunal.

   39.   Conditions of service of members of tribunal.

   40.   Functions of tribunal.

   41.   Procedures and powers of tribunal.

   42.   Registrar and other staff.

   43.   Witness allowance.

   44.   Immunity of witnesses.

   45.   Appeal to the High Court.

   46.   High Court decision final.

PART VI
MISCELLANEOUS.

   47.   Application of the Act to referenda.

   48.   Offence of hindering a person from registering or voting.

   49.   Exemption from liability.

   50.   Special powers of the commission.

   51.   Regulations.

   52.   Amendment of the Schedule.

 

      First Schedule   Currency point.

      Second Schedule   Oath of a member of the Electoral Commission.

 

CHAPTER 140
ELECTORAL COMMISSION ACT.

Commencement: 2 May, 1997.

   An Act to make miscellaneous provisions relating to the functions of the Electoral Commission under the Constitution and to provide for other related matters.

 

PART I
GENERAL.

 

1.   Interpretation.

   In this Act, unless the context otherwise requires—

   (a)   "commission" means the Electoral Commission established by article 60 of the Constitution;

   (b)   "constituency" means one of the constituencies into which Uganda is divided under article 63 of the Constitution, for the purpose of elections;

   (c)   "currency point" means the value specified in relation to a currency point in the First Schedule to this Act;

   (d)   "election officer" includes a returning officer, assistant returning officer, registration officer, assistant registration officer and any other officer appointed by or under the authority of the commission with responsibility for registration of voters for, or for presiding over, voting in any election or for counting votes at any election;

   (e)   "Minister" means the Minister responsible for public elections and referenda;

   (f)   "polling day" means a day appointed under any enactment for the casting of votes for an election;

   (g)   "returning officer" means a person appointed under any law relating to any elections to be in charge of an electoral district for the purposes of any such election or for the purpose of the registration of voters within the district;

   (h)   "secretary" means the secretary to the commission appointed under section 5.

 

2.   Commission to be a body corporate.

   The commission shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name and may, subject to the provisions of the Constitution, do, enjoy or suffer anything that may be done, enjoyed or suffered by a body corporate.

 

3.   Oath of commissioners.

   (1) Subject to subsection (2), every member of the commission shall, before assuming his or her duties as commissioner, take and subscribe the oath specified in the Second Schedule to this Act.

   (2) ...

 

4.   Commissioners to work on a full-time basis.

   The members of the commission shall hold office on a full-time basis.

 

5.   Secretary and other staff of the commission.

   (1) The commission shall have a secretary who shall be a public officer appointed by the commission acting in consultation with the Public Service Commission upon such terms and conditions as may be determined by the commission in consultation with the Public Service Commission and specified in the instrument of appointment.

   (2) The secretary shall be a person of high moral character and proven integrity, possessing the relevant qualifications and proven ability in the field of public administration and qualified to be appointed to the office of Permanent Secretary.

   (3) The secretary shall, subject to section 9, perform such functions as may be assigned to him or her by the commission.

   (3a) The secretary shall hold office for a term of five years renewable once.

   (4) The secretary may be removed by the commission only for—

   (a)   inability to perform the functions of his or her office arising out of physical or mental incapacity;

   (b)   misbehaviour or misconduct; or

   (c)   incompetence.

   (5) The commission shall also have such other officers and employees as may be necessary for the discharge of its functions.

   (6) The officers and employees referred to in subsection (5) shall be appointed by the commission acting in consultation with the Public Service Commission and shall hold office upon such terms and conditions as shall be determined by the commission in consultation with the Public Service Commission.

   (7) ...

 

6.   Terms of employment.

   If an officer in the service of the commission was immediately before his or her appointment to the service of the commission an officer in the public service, his or her service as an officer of the public service shall be counted as service with the commission for purposes of—

   (a)   leave;

   (b)   pay in lieu of leave;

   (c)   calculating pension, gratuity and other retiring benefits.

 

7.   Leave to serve under other Acts.

   (1) If an officer in the service of the commission is appointed under another Act other than this Act, the commission may, on application grant the officer leave of absence without pay for the period of his or her absence.

   (2) The period during which an officer is absent on leave under subsection (1) shall be counted as part of his or her period of service.

   (3) Where an officer is granted leave under this section his or her other office in the service of the commission becomes vacant on the commencement of the leave and he or she is an unattached officer for the period of leave.

   (4) At the end of the period of leave, an unattached officer subject to retirement age or dismissal for misconduct, shall be entitled to be appointed to an office not lower in classification than his or her former office.

   (5) Where there is no vacancy to which an officer may be suitably appointed in accordance with subsection (4) the officer shall continue as an unattached officer until a suitable vacancy occurs.

 

8.   Procedure of the commission.

   (1) Every decision of the commission shall, as far as possible, be by consensus.

   (2) Where on any matter consensus cannot be obtained, the matter shall be decided by voting; and the matter shall be taken to have been decided if supported by the votes of a majority of all the members of the commission.

   (3) In any vote under subsection (2), each member of the commission shall have one vote, and none shall have a casting vote.

   (4) The quorum of the commission at any meeting shall be five.

   (5) The commission may act notwithstanding the absence of any member or any vacancy in the office of a member.

   (6) The secretary shall cause to be recorded minutes of all proceedings of the commission.

   (7) The secretary shall have custody of the minutes of the commission.

   (8) Subject to this Act and the Constitution, the commission may regulate its own procedure.

 

9.   Funds and expenses of the commission.

   (1) All funds of the commission shall be administered and controlled by the secretary who shall be the accounting officer in accordance with the Public Finance Act.

   (2) All monies required to defray all expenses that may be incurred in the discharge of the functions of the commission or in carrying out the purposes of this Act are charged on the Consolidated Fund.

   (3) The funds of the commission may, with the prior approval of the Minister responsible for finance, include grants and donations from sources within or outside Uganda to enable the commission to discharge its functions.

 

10.   Seal of the commission.

   The commission shall have a seal which shall be in such form as the commission may determine and shall, subject to the provisions of any law, be applied in such circumstances as the commission may determine.

 

11.   Constituencies.

   (1) Subject to article 63 of the Constitution, Uganda shall be divided into such number of constituencies as Parliament may by resolution prescr

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