Changes to Electoral Act from 2004 to 2013

04 Sep, 2016 - 00:09 0 Views
Changes to Electoral Act from 2004 to 2013 Sunday Mail

The Sunday Mail

1. Electoral Act (Chapter 2:13) (Act 25 of 2004) and Zimbabwe Electoral Commission Act (Chapter 2:12) (Act No 22 of 2004)

Repealed Electoral Act (Chapter 2:01)

◆ Zimbabwe Electoral Commission established to: conduct elections; direct and control voter registration; and give instructions to the Registrar-General of Voters as regards his functions which included the registration of voters, the preparation of voters rolls.

◆ Electorate directorate abolished

◆ Electoral Court established

◆ Electoral Supervisory Commission’s role changed to monitoring the polling and counting of votes and the accreditation of observers

◆ Rights of political parties and of citizens to participate in elections enumerated

◆ Office of Chief Elections Officer established

◆ Proof of residence defined

◆ Ward centres introduced

◆ Forging of name of nominator made an offence

◆ Counting of votes in presence of candidates and their agents at polling station introduced

◆ Polling-station return form introduced

◆ Submission of polling-station return to constituency introduced

l New offences created: Disorderly conduct in polling station; refusal to leave polling station; destruction/damage to voters roll; barring employees from voting; theft or damage of voter identification; destruction of political posters; preventing holding of lawful political meetings.

Code of conduct for chief election agents, election agents, monitors and observers, electoral code of conduct for political parties and candidates, and conflict management provisions.

2. Electoral Laws Amendment Act (No 17 of 2007)

Zimbabwe Electoral Commission mandated to give voter education

Electoral Supervisory Commission abolished

During election period, broadcasters: to afford all political parties and candidates free access to services as prescribed by Commission; not to discriminate in accepting advertisements; to give equitable treatment of parties and candidates broadcasters; be monitored by Commission

Zimbabwe Electoral Commission given function of appointing observers

Voter registration to be continuous

Voters rolls to be kept by Commission

Total number of ballot papers received to be recorded in the presence of candidates and their agents before commencement of polling at a polling station

Voter to vote only at a polling station within ward in which registered

After counting of votes, presiding officer to display the completed polling-station return outside the polling station

Recounting of votes by Commission upon request within 48 hours of declaration of candidate

l New offences created

Obstruction of election officials

Refusal of precautions against double voting

Intimidation

Multiparty liason committee established

3. Electoral Amendment Act (No. 3 of 2012). (Constitution amended to establish the Zimbabwe Electoral Commission, this Act repealed the Zimbabwe Electoral Commission Act [Chapter 2:12]

Every voters roll to be kept by Commission in both printed and electronic form

Commission to, for a fee, provide within a reasonable period time copy of roll in printed or electronic form upon request by any person

Electoral centres created

Voter education provisions elaborated, commission to monitor voter education by other persons

Election observation provisions elaborated

Publication of details re ballot papers printing

Illiterate or physically handicapped voter given option of selecting person to assist him

Presiding officer to give copies of polling-station returns to every political party and candidate

Constituency elections officer to give copies of polling-station and constituency return to every political party and candidate

New offence created: Purported publication of results prior to official announcement

Postal vote restricted to person on duty outside Zimbabwe in the service of Government and spouse of such person

Special vote introduced to be cast on a day before polling day

Nomination fee to constitute funds of Commission

Measures against politically-motivated violence and intimidation elaborated

Special Investigation Committee established

4. Presidential Powers (Temporary Measures) (Amendment of Electoral Act) Regulations, 2013 (The provisions of these regulations were subsequently reenacted by the Electoral Amendment Act, 2014 (No 6 of 2014)

Electoral Act brought into conformity with Sixth Schedule to new Constitution

Election of party-list candidates by proportional representation

Closure of voters rolls 12 days after nomination day

Designation of national and provincial political party office-bearers for certain purposes and advance filing of certain documents in connection with elections

Election of Senators to represent persons with disabilities

Allocation of party-list seats

Determination of result of election for party-list candidates

Appointment of roving political party election agents

Number of nominators for candidates to the National Assembly reduced from 10 to 5

Number of election agents permitted to be in the immediate vicinity of a polling station increased from one to two

Regulations amended to provide for: proof of identity; special and postal voting; collation of polling-station returns; nomination of candidates; accreditation of observers; association of disabled persons

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