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Law on Rejection of Ballot papers
Rank: Veteran Joined: 11/14/2006 Posts: 1,311
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WHAT DO YOU MAKE OF THIS LAW:
LEGAL NOTICE NO. 128
THE ELECTIONS ACT
(No. 24 of 2011)
THE ELECTIONS (GENERAL) REGULATIONS, 2012
ARRANGEMENT OF REGULATION
Rejection of Ballots Papers
77. (1) At the counting of votes at an election, any ballot paper—
(a) which does not bear the security features determined by the Commission;
(b) on which votes are marked, or appears to be marked against the names of, more than one candidate;
(c) on which anything is written or so marked as to be uncertain for whom the vote has been cast;
(d) which bears a serial number different from the serial number of the respective polling station and which cannot be verified
from the counterfoil of ballot papers used at that polling station; or
(e) is unmarked, shall, subject to subregulation (2), be void and shall not be counted.
(2) A ballot paper on which a vote is marked:
(a) elsewhere than in the proper place;
(b) by more than one mark; or
(c) which bears marks or writing which may identify the voter,
shall not by that reason only be void if an intention that the vote shall be for one or other of the candidates, as the case may be, clearly
appears, and the manner in which the paper is marked does not itself identify the voter and it is not shown that the voter can be identified
thereby.
78. (1) Every rejected ballot paper shall be marked with the word “rejected” by the presiding officer, and, if an objection is made by a
candidate or an agent to the rejection, the presiding officer shall add the words “rejection objected to”.
(2) The presiding officer shall mark every ballot paper counted but whose validity has been disputed or questioned by a candidate or an
agent with the word “disputed” but such ballot paper shall be treated as valid for the purpose of the declaration of election results at the polling
station.
(3) After the counting of votes is concluded, the presiding officer shall draw up a statement showing the number of rejected ballot papers
under such of the following heads of rejection as may be applicable— (a) want of security feature;
(b) voting for more than one candidate; (c) writing or mark by which the voter might be identified; or
(d) unmarked or void for uncertainty,
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Rank: Veteran Joined: 11/14/2006 Posts: 1,311
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Liv wrote:WHAT DO YOU MAKE OF THIS LAW:
LEGAL NOTICE NO. 128
THE ELECTIONS ACT
(No. 24 of 2011)
THE ELECTIONS (GENERAL) REGULATIONS, 2012
ARRANGEMENT OF REGULATION
Rejection of Ballots Papers
77. (1) At the counting of votes at an election, any ballot paper—
(a) which does not bear the security features determined by the Commission;
(b) on which votes are marked, or appears to be marked against the names of, more than one candidate;
(c) on which anything is written or so marked as to be uncertain for whom the vote has been cast;
(d) which bears a serial number different from the serial number of the respective polling station and which cannot be verified
from the counterfoil of ballot papers used at that polling station; or
(e) is unmarked, shall, subject to subregulation (2), be void and shall not be counted.
(2) A ballot paper on which a vote is marked:
(a) elsewhere than in the proper place;
(b) by more than one mark; or
(c) which bears marks or writing which may identify the voter,
shall not by that reason only be void if an intention that the vote shall be for one or other of the candidates, as the case may be, clearly
appears, and the manner in which the paper is marked does not itself identify the voter and it is not shown that the voter can be identified
thereby.
78. (1) Every rejected ballot paper shall be marked with the word “rejected” by the presiding officer, and, if an objection is made by a
candidate or an agent to the rejection, the presiding officer shall add the words “rejection objected to”.
(2) The presiding officer shall mark every ballot paper counted but whose validity has been disputed or questioned by a candidate or an
agent with the word “disputed” but such ballot paper shall be treated as valid for the purpose of the declaration of election results at the polling
station.
(3) After the counting of votes is concluded, the presiding officer shall draw up a statement showing the number of rejected ballot papers
under such of the following heads of rejection as may be applicable— (a) want of security feature;
(b) voting for more than one candidate; (c) writing or mark by which the voter might be identified; or
(d) unmarked or void for uncertainty,
The rejection of ballots for Senators, Governors, etc which could be been put in the presidential vote ballot boxes does not seem to be provided for in the law. This may have been a creation of IEBC to make their couting work easier.
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Rank: Veteran Joined: 11/14/2006 Posts: 1,311
|
Liv wrote:WHAT DO YOU MAKE OF THIS LAW:
LEGAL NOTICE NO. 128
THE ELECTIONS ACT
(No. 24 of 2011)
THE ELECTIONS (GENERAL) REGULATIONS, 2012
ARRANGEMENT OF REGULATION
Rejection of Ballots Papers
77. (1) At the counting of votes at an election, any ballot paper—
(a) which does not bear the security features determined by the Commission;
(b) on which votes are marked, or appears to be marked against the names of, more than one candidate;
(c) on which anything is written or so marked as to be uncertain for whom the vote has been cast;
(d) which bears a serial number different from the serial number of the respective polling station and which cannot be verified
from the counterfoil of ballot papers used at that polling station; or
(e) is unmarked, shall, subject to subregulation (2), be void and shall not be counted.
(2) A ballot paper on which a vote is marked:
(a) elsewhere than in the proper place;
(b) by more than one mark; or
(c) which bears marks or writing which may identify the voter,
shall not by that reason only be void if an intention that the vote shall be for one or other of the candidates, as the case may be, clearly
appears, and the manner in which the paper is marked does not itself identify the voter and it is not shown that the voter can be identified
thereby.
78. (1) Every rejected ballot paper shall be marked with the word “rejected” by the presiding officer, and, if an objection is made by a
candidate or an agent to the rejection, the presiding officer shall add the words “rejection objected to”.
(2) The presiding officer shall mark every ballot paper counted but whose validity has been disputed or questioned by a candidate or an
agent with the word “disputed” but such ballot paper shall be treated as valid for the purpose of the declaration of election results at the polling
station.
(3) After the counting of votes is concluded, the presiding officer shall draw up a statement showing the number of rejected ballot papers
under such of the following heads of rejection as may be applicable— (a) want of security feature;
(b) voting for more than one candidate; (c) writing or mark by which the voter might be identified; or
(d) unmarked or void for uncertainty,
The highlighted section of the law above gives some exceptions for rejection of ballots.
e.g. Example: a ballot marked elsewhere other than in the proper place could still be a valid vote if an intention that the vote shall be for one or other of the candidates as the case maybe. So those ballots where the voter ticked against name of the candidate instead of the tick box could still be valid as per the law.
Any lawyers in the house to confirm this?
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Law on Rejection of Ballot papers
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