ARRANGEMENT OF REGULATIONS

PART  I—GENERAL

Regulation

1. Issue of writ

2. Notice of Referendum

3. Allocation of symbols or colours

4. Notice of poll

5. Adjournment of poll by executive instrument

6. Provision of polling stations

7. Presiding Officers and Polling Assistants

8. Equipment of polling stations

9. Notice of directions for the guidance of voters at polling stations.

10. Proxy list

11. Transferred voters list

12. Special voters list

13. Absent voters list

PART II—THE POLL

14. Number of votes and place of voting

15. Poll to be taken by ballot

16. Polling hours

17. Admission to polling station

18. Keeping order at polling station

19. Sealing of ballot boxes

20. Identification of voters

21. Voting procedure

22. Votes marked by the presiding officer

23. Tendered ballot papers

24. Spoilt ballot papers

25. Adjournment of poll in case of riot, flood, etc.

PART III—AFTER THE POLL

26. Procedure on close of poll.

27. Attendance at the count

28. The count

29. Adjournment of counting of votes

30. Rejected ballot papers

31. Decision on ballot papers

32. Declaration and publication of results

33. Electoral Commissioner to inform S.M.C. of  results

34. Disposal of documents

35. Declaration of secrecy

36. Interpretation

SCHEDULE

IN exercise of the powers conferred on the Electoral Commissioner by section 4 of the Electoral Commission Decree, 1977 (S.M.C.D. 114) and with the prior approval of the Supreme Military Council, these Regulations are made this 28th day of December, 1977.

 

PART  I—GENERAL

Regulation 1—Issue of Writ.

(1) Whenever there is occasion to hold a referendum the Electoral Commissioner shall issue a writ for the referendum addressed to the returning officer of the constituency or ward in which a referendum is to be held.

(2) Every writ shall be in the Form A set out in the Schedule to these Regulations and shall specify the day on which the poll shall be taken.

Regulation 2—Notice of Referendum.

(1) So soon as a writ has been issued the Electoral Commissioner shall—

(a) cause the writ to be transmitted to the returning officer to whom it is addressed; and

(b) publish a notice in the Gazette stating:

(i) that the writ has been issued,

(ii) the constituencies or wards in which the poll is to be taken,

(iii) the day on which the poll is to be taken,

(iv) the issues to be determined by the referendum,

(v) the colour or symbol assigned to each issue; and;

(vi) the number allocated to each issue.

(2) On the receipt of a writ for the conduct of referendum, the returning officer to whom the writ is addressed shall publish a notice of the referendum throughout his constituency or ward in such manner as the Electoral Commissioner shall direct.

(3) The Electoral Commissioner shall, as soon as practicable after issuing the writ for a referendum, cause to be assigned to each of the issues for determination by the referendum a symbol, colour, or number.

(4) Every notice of a referendum under sub-regulation (2) shall be in the Form B set out in the Schedule to these Regulations and shall specify the issues to be determined by the referendum and the day when the poll is to be taken and the colour or symbol assigned to each issue and the number allocated to each issue. 

Regulation 3—Allocation of Symbols or Colours.

For the purposes of a referendum, the Electoral Commissioner shall not assign a symbol or colour which is connected with or touches upon, in whatever manner the name, status or dignity of a chief or symbol or name which is connected with any religion or social association within the meaning of the Avoidance of Discrimination Act, 1957 (No. 38).

Regulation 4—Notice of Poll.

Whenever a referendum is to be held, the returning officer shall, as soon as practicable after the publication of the notice referred to in regulation 2 of these Regulations, publish in the Gazette and in such places in his constituency or ward as the Electoral Commissioner may direct a notice in the Form C set out in the Schedule to these Regulations, stating—

(a) the day on which and the time at which the poll is to be taken; 

(b) the addresses of the polling stations for each polling division; and

(c) the symbols or colours assigned to the issues and the numbers allocated to the issues.  

Regulation 5—Adjournment of Poll by Executive Instrument.

(1) The Electoral Commissioner may, whenever he is satisfied that it is necessary so to do at any time between the issue of a writ and the day specified in the writ as polling day, by executive instrument, adjourn the taking of the poll to a day not more than thirty days after the day so specified.

(2) Where an executive instrument is made under the provisions of the preceding sub-regulation, the writ for the constituency or ward to which the instrument relates shall be deemed to be amended by the substitution of the day to which the taking of the poll is adjourned for the day specified in the writ as polling day.

Regulation 6—Provision of Polling Stations.

(1) Subject to the provisions of sub-regulation (2) of this regulation, for the purposes of taking the poll, the returning officer shall establish one polling station for each polling division.

(2) The Electoral Commissioner may if he considers it necessary or desirable so to do, direct the returning officer to establish two or ore polling stations for a polling division.

(3) Any convenient building, except a dwelling house or a building or class of building exempted by the Electoral Commissioner to whomsoever it may belong, may be established by the returning officer as a polling station and used without charge for that purpose.

(4) The Government shall make good, out of the public funds any damage done to a building as a result of its being used as a polling station.

(5) Where the returning officer establishes two or more polling stations for a polling division, he shall—

(a) assign to each of the polling stations so many of the voters registered in the division as the Electoral Commissioner considers appropriate; and

(b) give notice in the polling division in such manner as the Electoral Commissioner may direct of the polling stations to which the voters registered in the division have been assigned.

Regulation 7—Presiding Officers and Polling Assistants.

(1) The Electoral Commissioner shall appoint a presiding officer to preside at each polling station and such number of polling assistants as he thinks necessary to assist the presiding officer in carrying out his duties.

(2) A polling assistant may act as the presiding officer of a polling station during the absence or incapacity of the presiding officer.

Regulation 8—Equipment of Polling Stations.

(1) The returning officer shall provide each presiding officer with such number of ballot boxes and ballot papers as the Electoral Commissioner may direct.

(2) Every ballot box shall be so constructed that the ballot papers can be put therein by the person voting but cannot by him be withdrawn.

(3) The returning officer shall provide each polling station with—

(a) materials to enable registered voters to enclose the ballot papers; and

(b) instruments for perforating or stamping the ballot papers with the official mark; and

(c) instruments for making the means of identification of a registered voter in pursuance of the provisions of sub-regulations (1) and (2) of regulation 21 of these Regulations; and

(d) a copy of the divisional register, the proxy list, the transferred voters list and the absent voters list relating to the polling division for which the polling station has been established or, in the case of a division for which two or more polling stations have been established, to the registered voters assigned to the polling station.

Regulation 9—Notice of Directions for the Guidance of Voters at Polling Stations.

A notice giving directions for the guidance of the voters in voting shall be exhibited inside and outside every polling station in as many languages as the Electoral Commissioner may direct for the benefit of the registered voters.

Regulation 10—Proxy List.

(1) A special voter who is resident outside Ghana may apply to the Electoral Commissioner not later than twenty days before polling day for the issue to him of a proxy paper for the appointment of a proxy.

(2) A special voter shall complete the proxy paper in quintuplicate and, forward:—

(a) the original copy to the returning officer for the constituency or ward in which he wishes his proxy to vote;

(b) the duplicate copy to the Commissioner;

(c) the triplicate copy to the person appointed as proxy;

and retain the quadruplicate and quintuplicate copies one of which may be used for the cancellation of the appointment of the proxy.

(3) A returning officer to whom the appointment of a proxy is notified shall, if satisfied that both the proxy and the person appointing him are registered voters, enter the name and the particulars of the applicant and of the proxy in the proxy list and;

 

(a) assign the proxy to a polling division or polling station in his constituency or ward;

(b) indicate on the proxy list the polling division or polling station to which the proxy is so assigned; and

(c) forward a copy of the list to the presiding officer for the polling division or polling station to which the proxy is assigned.

(4) Every person whose name is entered on the proxy list as a proxy shall be entitled to vote at any referendum in the polling station or polling division where he is registered to vote; and the provisions of regulation 21 of these Regulations shall have effect accordingly.

(5) A proxy shall be in the Form D set out in the Schedule to these Regulations and shall specify—

(a) the name and particulars of the person appointing the proxy;

(b) the name and particulars of the person appointed as proxy; and

(c) such other particulars as the Electoral Commissioner may require.

Regulation 11—Transferred Voters List.

(1) A registered voter who at any time before the holding of a referendum is resident in a constituency or ward other than that in which he is registered may apply to the returning officer of the constituency or ward where he is resident for not less than two months for his name to be entered on the transferred voters list for that constituency or ward.

(2) An application under the provisions of sub-regulation (1) shall be made,

(a) not less than twenty-one days before polling day in the constituency or ward where the applicant is resident; and

(b) not less than twenty-one days before polling day in the constituency or ward where the applicant is registered.

(3) A returning officer to whom an application is made under the provisions of this regulation shall enter the applicant's name in the transferred voters list for his constituency or ward if he is satisfied that the applicant is resident in a polling division in his constituency and is registered in some other constituency.

(4) Whenever a returning officer enters the name of any person on the transferred voters list for his constituency or ward he shall:—

(a) assign that person to a polling station or a polling division in his constituency or ward and indicate in the list the polling division or polling station to which that person is not assigned; and

(b) send a copy of the entry to the returning officer of the constituency or ward where the person whose name has been so entered is registered.

(5) Every person whose name is entered on the transferred voters list for a constituency or ward shall be entitled to vote at any referendum in the polling station or polling division to which he is assigned in the list as if it were the polling division where he is registered; and the provisions of regulation 21 of these Regulations shall have effect accordingly.

Regulation 12—Special Voters List.

(1) A special voter who by reason of his duties will be unable to be present on polling day in the constituency or ward where he is registered may apply to the returning officer for his name to be entered on the special voters list.

(2) Every application under the provisions of the preceding sub-regulation shall be made not later than fourteen days before polling day in the applicant's constituency or ward and, except in the case of an applicant who is a returning officer, shall be accompanied by a certificate from the applicant's superior office that—

(a) the applicant is registered in the constituency or ward of the returning officer to whom the application is made and

(b) the applicant's duties will prevent him from being present on polling day in the constituency or ward where he is registered.

(3) A returning officer to whom an application is duly made in accordance with the provisions of this regulation shall enter the applicant's name on the special voters list for his constituency or ward.

(4) Every person whose name is entered on the special voters list for a constituency or ward—

(a) shall be entitled to vote at a polling station and on a day being a day not more than fourteen days before polling day, which shall be appointed by the Electoral Commissioner and advertised in such manner as the Electoral Commissioner may direct; and

(b) shall not be entitled to vote otherwise at the referendum in respect of which his name has been entered on the special voters list.

(5) Voting at a polling station for special voters appointed under the provisions of sub-regulation of this regulation shall be conducted in the same way as voting on polling day.

(6)  No person shall vote at a polling station under the provisions of sub-regulation (5) unless his name is entered on the special voters list for that constituency or ward.

(7)  The returning officer shall,

(a) cause the ballot boxes to be retained in safe custody after the poll has closed and the boxes have been sealed; and

(b) arrange for the ballot boxes to be opened at the time of the counting of the votes cast on polling day and for the ballot papers in those boxes to be counted with, and in the same manner as, the ballot papers contained in the ballot boxes used on polling day.

Regulation 13—Absent Voters List.

(1) Each returning officer shall, before polling day, prepare for each polling division in his constituency or ward an absent voters list containing the names of any persons registered in the division whose names have been entered on the transferred voters list for another constituency or ward or who have appointed a proxy.

(2)  A person whose name is entered on the absent voters list for a polling division shall not be entitled to vote in that division; and the provisions of regulation 21 of these Regulations shall mutatis mutandis have effect accordingly.

PART II—THE POLL

Regulation 14—Number of Votes and Place of Voting.

No registered voter shall be entitled to cast more than one vote when a poll is taken;

(2) Subject to the provisions of

(a) sub-regulation (3) of regulation 10.

(b) sub-regulation (5) of regulation 11.

(c) sub-regulation (4) of regulation 12.

(d) sub-regulation (2) of regulation 13, of these Regulations and the following provisions of this regulation, a registered voter shall be entitled to vote at his allotted station and not elsewhere.

(3) Where at a referendum in any constituency or ward it is inconvenient or difficult for a registered voter to vote at his allotted station by reason of the fact that he is to be employed in an official capacity as a referendum officer or police officer or otherwise at a polling station in the constituency or ward, the returning officer may, by a certificate under his hand, authorise the registered voter to cast his vote for the purposes of the referendum not at his allotted station but at another polling station in the constituency or ward.

(4) The certificate issued under the provisions of sub-regulation (3) shall be in triplicate and shall specify the name of the registered voter to whom it relates, his number and description in the register, the reason for the giving of the certificate and the alternative station at which he is authorised to vote.

(5) Copies of the certificates shall be sent by the returning officer to the presiding officer of the allotted station and the alternate station; and for the purposes of the referendum to which the certificate relates—

(a) the copy sent to the presiding officer of the allotted station shall be treated as if it formed part of the absent voters list; and

(b) the copy sent to the presiding officer of the alternate station shall be treated as if it  formed part of the copy of the register provided by the returning officer under the provisions of paragraph (d) of sub-regulation (3) of regulation 8 of these Regulations.

Regulation 15—Poll to be taken by Ballot.

(1) The votes at the poll shall be given by ballot, and the result shall be ascertained by counting the votes cast in favour of each issue.

(2) The ballot of every registered voter shall consist of a ballot paper.

(3) Every ballot paper shall,

(a) contain the symbol or colour assigned and the number allocated to the issue;

(b) be capable of being folded up;

(c) have a serial number printed on it; and

(d) have attached to it a counterfoil with the same serial number printed thereon.

Regulation 16—Polling Hours.

(1) The poll shall be taken between the hours of seven in the morning and five in the evening.

(2) Notwithstanding the provisions of sub-regulation (1) a presiding officer may for a sufficient cause and with the concurrence of the returning officer extend the hours of voting, so however, that the number of hours allotted for voting shall not exceed ten hours.

Regulation 17—Admission to Polling Station.

The presiding officer shall regulate the number of registered voters to be admitted to the polling station at the same time, and shall exclude all other persons except—

(a) referendum officers;

(b) police or military officers  on duty;

(c) the companions of registered voters who are blind or otherwise physically incapacitated; and

(d) any other person authorized by the Electoral Commissioner to be admitted.

Regulation 18—Keeping Order at Polling Station.

(1) It shall be the duty of the presiding officer to keep order at his polling station.

(2) If a person misconducts himself in a polling station or fails to obey the lawful orders of the presiding officer, he may immediately, by order of the presiding officer, be removed from the polling station by a police or military officer; and a person so removed shall not, without the permission of the presiding officer, again enter the polling station on polling day.

(3) Any person removed under the provisions of sub-regulation (2), may, if charged with the commission in the polling station of any offence, be dealt with as a person taken into custody by a police officer for an offence without a warrant.

(4) The powers conferred by the provisions of this regulation shall not be exercised so as to prevent a registered voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

Regulation 19—Sealing of Ballot Boxes.

Immediately before the commencement of the poll, the presiding officer shall show the ballot boxes empty to such persons as are present in the polling station so that they may see that the ballot boxes are empty and shall then—

(a) close the ballot boxes and place his seal upon them in such a manner as to prevent their being opened without breaking the seal; and

(b) place them in the view of the public for the receipt of ballot papers.

Regulation 20—Identification of Voters.

(1) A presiding officer may, before delivering a ballot paper to a person applying to vote at any referendum require that person—

(a) to make a declaration of identify  in the prescribed form and to furnish such other evidence of identity as may be determined by the Electoral Commissioner or as the presiding officer thinks necessary; and

(b) to make a declaration in the prescribed form that he has not already voted at the referendum in the constituency or ward or in any other constituency or ward.

(2) A ballot paper shall not be delivered to any person who refuses to comply with a requisition made under the provisions of sub-regulation (1)

Regulation 21—Voting Procedure.

(1) Every registered voter desiring to record his vote shall present himself at his allotted station, and the presiding officer or a polling assistant after satisfying himself that the registered voter—

(a) is registered in the divisional register or, in the case of a polling division for which two or more polling stations have been established, in that part of the divisional register which relates to his allotted station.

(b) has not already voted, and that any other means of identification determined by the Electoral Commissioner in the possession of the registered voter is valid shall deliver the ballot papers to the registered voter.

(2) Immediately before the ballot papers are delivered,

(a) the ballot papers shall be perforated or stamped with an official mark selected by the Electoral Commissioner; and

(b) the identification number and the name of the registered voter as stated in the copy of the register shall be called out; and

(c) the serial number of the voter as stated in the copy of the register shall be marked on the counterfoil of the ballot papers; and

(d) a mark shall be placed in the copy of the register against the number of the registered voter to denote that the ballot papers have been received, without showing the particular ballot papers which have been received; and

(e) a mark, which shall, so far as is possible, be permanent shall be made on any other means of identification of a registered voter as may be determined by the Electoral Commissioner.

(3) The registered voter, on receiving the ballot papers, shall forthwith proceed to one of the places set aside in the polling station for the folding of ballot papers and shall there secretly select the ballot paper in respect of the issue for which he wishes to vote and put in the receptacle so provided the ballot papers which he rejects.

(4) The registered voter shall then fold up the ballot paper selected by him so as to conceal his vote, put the selected ballot paper in the envelope provided and shall then put the ballot paper so folded and enveloped into the ballot box in the presence of the presiding officer and in the view of the public.

(5) Not more than one ballot box shall be used at any one time for the receipt of ballot papers.

(6) The registered voter shall vote without undue delay, and shall leave the polling station as soon as he has put his ballot paper into the ballot box.

(7) The provisions of this regulation shall be subject to the provisions of—

(a) sub-regulation (4) of regulation 10,

(b) sub-regulation (5) of regulation 11. 

(c) sub-regulation (4) of regulation 12,

(d) sub-regulations (3), (4) and (5) of regulation 14, of these Regulations.

(8) Notwithstanding any other provision of this regulation a proxy shall submit for the verification of the presiding officer the proxy paper appointing him as a proxy before he shall be allowed to vote.

(9) Before a registered voter leaves a polling station pursuant to the provisions of sub-regulation (6) of this regulation, the presiding officer shall cause the imprint of the right thumb of the voter to be taken and any such voter shall furnish such further particulars or information as may be required of him.

Regulation 22—Votes Marked by the Presiding Officer.

(1) The presiding officer, on the application of a registered voter who is incapacitated by blindness or other  physical cause from voting in the manner directed by these Regulations, shall cause a ballot paper as directed by the voter to be put in the envelope so provided and the ballot paper to be put in the ballot box.

(2) When he accedes to the request of a registered voter pursuant to the provisions of sub-regulation (1), the presiding officer shall record in the register opposite the name of the voter the fact that the vote was recorded by him on the application of the voter and the reason why it was recorded.

Regulation 23—Tendered Ballot Papers.

(1)  Where a person representing himself to be a particular voter named in the register applies for a ballot paper after another person has voted as such voter, the applicant shall, on making a declaration in the prescribed form, be entitled, subject to the following provisions of this regulation, to vote in the same manner as any other registered voter.

(2) A tendered ballot paper shall,

(a) be of a colour differing from that of all other ballot papers; and

(b) instead of being put into the ballot box,

(i) be given to the presiding officer and endorsed by him with the name of the voter and his number in the register, and

(ii) be set aside by the presiding officer in a separate packet.

(3) The name of any person voting under the provisions of this regulation and his number in the register shall be entered by the presiding officer on a list of such votes.

Regulation 24—Spoilt Ballot Papers.

A registered voter who has inadvertently dealt with his ballot paper in such a manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and providing to his satisfaction the fact of the inadvertence, obtain another set of ballot papers in place of the ballot papers so delivered and the spoilt ballot papers shall be immediately cancelled and the counterfoil marked accordingly.

Regulation 25—Adjournment of Poll in Case of Riot, Flood, etc.

(1) When the proceedings at any polling station are interrupted or obstructed by riot, open violence, storm, flood or other natural catastrophe or any other sufficient cause the presiding officer shall adjourn the proceedings to the following day and shall forthwith give notice to the returning officer.

(2) When the returning officer is satisfied that by reason of an interruption or obstruction of the kind mentioned in sub-regulation (1) of this regulation it is or will be impossible or impracticable for proceedings which have been adjourned under the provisions of that sub-regulation to be continued, on the day to which they have been so adjourned, he may, with the concurrence of the Electoral Commissioner, further adjourn the proceedings to such day as the Commissioner may determine.

(3) Where the poll is adjourned under the provisions of this regulation, the hours of pollings on the day to which it is adjourned shall be the same as on the original polling day.

Regulation 26—Procedure on Close of Poll.

(1) Immediately after the close of the poll the presiding officer shall proceed to count the ballot papers and record the total number of votes cast at that polling station in favour of each issue.

(2) The presiding officer shall then sign a declaration stating:—

(a) the total number of persons entitled to vote at that polling station; and

(b) the number of votes cast in favour of each issue;

and the presiding officer shall there and then announce the results of the voting at that polling station.

(3) As soon as practicable after the announcement of the results of the voting at the polling station the presiding officer shall, make up into separate packets sealed with his own seal—

(a) each ballot box in use at the station, sealed so as to prevent the introduction of additional  ballot papers;

(b) the unused and spoilt ballot papers placed together;

(c) the tendered ballot papers, the tendered votes list and any declarations made under the provisions of sub-regulation (1) of regulation 23 and of sub-regulation (2) of this regulation;

and shall deliver the packets and the keys of the ballot boxes to the returning officer to be taken charge of by him.

(4) The packets mentioned in sub-regulation (3) of this regulation shall be accompanied by a statement made by the presiding officer, showing the number of ballot papers entrusted to him, and accounting for them under the heads of ballot papers in the ballot box and unused, spoilt and tendered ballot papers.

Regulation 27—Attendance at the Count.

No person other than,

(a) the returning officer and his clerk, that is to say, persons appointed by him to assist him in counting the votes, and

(b) any person authorised in that behalf by the Electoral Commissioner, may be present at the counting of the votes, unless permitted by the returning officer to attend.

Regulation 28—The Count.

(1) The returning officer shall open each ballot box and taking out the ballot papers therein, count and record the total number of votes cast in favour of each issue.

(2) The returning officer shall not count any tendered ballot paper.

(3) The returning officer shall, so far as practicable, proceed continuously with counting the votes, allowing only time for refreshments.

Regulation 29—Adjournment of Counting of Votes.

Notwithstanding regulation 28(3) the returning officer may adjourn the counting of votes in circumstances which he deems fit.

Regulation 30—Rejected Ballot Papers.

(1) Any ballot paper,

(a) which does not bear the official mark, or

(b) on which anything is written or marked by which the voter can be identified except the printed number, or

(c) which is unmarked or void for uncertainty, or

(d) which bears a serial number showing that it was not issued to the polling station at which it was used to vote, shall be void and not counted.

(2) The presiding officer or the returning officer shall endorse the word "rejected" on any ballot paper which under the provisions of this regulation, is not to be counted.

(3) The presiding officer shall draw up a statement showing the number of ballot papers rejected under the several heads of —

(a) want of official mark;

(b) voting for more than one issue;

(c) writing or mark by which a voter could be identified; and

(d) unmarked or void for uncertainty.

Regulation 31—Decision on Ballot Papers.

The decision of the returning officer on any question arising in respect of a ballot paper shall be final, but shall be subject to review on a referendum petition.

Regulation 32—Declaration and Publication of Results.

The returning officer, when the result of the poll has been ascertained, shall forthwith,

(a) publicly declare the results of the voting in his constituency;

(b) endorse on the writ the total number of votes cast in favour of each issue; and

(c) forward to the Electoral Commissioner the endorsed writ.

Regulation 33—Electoral Commissioner to Inform the S.M.C of Results.

On receipt of a writ endorsed in pursuance of this regulation, the Electoral Commissioner shall,—

(a) inform the Supreme Military Council of the results of the referendum; and

(b) publish in the Gazette a notice stating the total number of votes cast in favour of each issue.

Regulation 34—Disposal of Documents.

(1) On the completion of the counting at a referendum the returning officer shall seal up in separate packets the counted and rejected ballot papers in respect of each issue and shall then forward to the Electoral Commissioner the following documents, namely—

(a) the sealed packets of counted and rejected ballot papers;

(b) the ballot papers accounts and the statements of rejected ballot papers;

(c) the tendered votes list and any declarations made under the provisions of sub-regulation (1) of regulation 23 and of sub-regulation (2) of regulation 26 of these Regulations;

(d) the packets of ballot papers counterfoils; and

(e) the packets containing marked copies of the registers,

and endorse on each packet a description of its contents, the date of the referendum to which they relate and the name of the constituency or ward in which the referendum was held: and prepare a statement in respect of the said documents.

(2) Subject to the succeeding provisions of this regulation, the Electoral Commissioner shall retain for a year all documents forwarded to him under the provisions of this regulation and shall then, unless otherwise directed by a Court, cause them to be destroyed.

(3) Documents relating to a referendum in respect of which legal proceedings have been started shall not be destroyed until the proceedings have been finally disposed of.

(4) A Court trying an offence relating to a referendum or the High Court of Justice hearing petition may make an order that any document retained by the Electoral Commissioner under the provisions of this regulation shall be inspected, copied or produced at such time and place and subject to such conditions as it thinks fit.

(5) No order shall be made under the provisions of sub-regulation (4) unless the Court is satisfied that the inspection, copying or production is required for the purposes of instituting, maintaining, defending, or otherwise for the purposes of a prosecution or a petition in respect of the voting to which the document relates.

(6) Save as otherwise provided in sub-regulation (4) of this regulation, no person may inspect or copy any document retained by the Electoral Commissioner under the provisions of this regulation.

Regulation 35—Declaration of Secrecy.

(1) Before the opening of the poll a declaration of Secrecy in the prescribed form shall be made by:—

(a) the returning officer;

(b) every other referendum officer;

(c) every clerk or interpreter attending at a polling station;

(d) every clerk appointed to assist at the counting of the votes;

(e) every person permitted by the Electoral Commissioner or the returning officer to attend at the counting of the votes, though not entitled to do so.

(2) Notwithstanding the provisions of sub-regulation (1) any person permitted by the Electoral Commissioner or the returning officer to attend at the counting of the votes though not entitled to do so, need not make the declaration of secrecy before the opening of the poll, but shall make it before he is permitted to attend the counting.

(3) Declarations under the provisions of this regulation shall be made,

(a) in the case of the returning officer, in the presence of a District Magistrate Grade I or Grade II; and

(b) in any other case, in the presence of either a District Magistrate or the returning officer.

Regulation 36—Interpretation.

In these Regulation, unless the context otherwise requires:—

"absent voters list" means the absent voters list prepared under the provisions of regulation 13 of these Regulations;

"allotted station" means, in relation to a registered voter, the polling station of the polling division in which he is registered or, in the case of a polling division for which two or more stations have been established, the station to which he is assigned;

"alternate station" means the station to which a registered voter is authorised to cast his vote in pursuance of a certificate issued under the provisions of sub-regulation (3) of regulation 14 of these Regulations;

"ballot paper account" means the statement prepared in accordance with the provisions of sub-regulation (4) of regulation 26 of these Regulations;

"close of the poll" means the close of the poll in all polling divisions of the constituency or ward including any polling division where the poll has been adjourned;

"prescribed" means prescribed by the Electoral Commissioner;

"proxy list" means the proxy list provided for under the provisions of regulation 10 of these Regulations;

"registered voter" means a person whose name appears in the divisional register of one of the polling divisions constituency or area;

"special voter" means a person registered as a voter who is:

(a) a police or prison officer;

(b) a member of the Armed Forces of Ghana;

(c) an election officer;

(d) employed in the service of the Government of Ghana in a post outside Ghana or in the service of the United Nations or of any other international organisation;

(e)  the wife or husband of any of the persons specified in paragraphs (a) to (d) of this definition and is residing outside Ghana with the husband or the wife; or

(f) resident outside Ghana;

"special voters list' means the special voters list provided for under the provisions of regulation 12 of these Regulations;

"spoilt ballot paper" means a ballot paper inadvertently dealt with in such a manner that it cannot be conveniently used as a ballot paper;

"superior officer" means in relation to:

(a) a member of the Prison Service, a prison officer of that Service of  or above the rank of Assistant Prison Superintendent;

(b) a member of the Police Force, a police officer of that Force of or above the rank of superintendent;

(c) a member of the Armed Forces of Ghana, the adjutant of his battalion or an officer holding a comparable appointment;

(d) an election officer, not being a returning officer, the returning officer of the constituency or ward in which the election officer will be on duty:

(e) a person employed in service of the Government of Ghana in a post outside Ghana or the wife or husband of such person, the head of the department in Ghana of the person so employed;

"tendered ballot paper" means the ballot paper marked in accordance with the provisions of regulation 23 of these Regulations;

"transferred voters list" means the transferred voters list provided for under the provisions of regulation 11 of these Regulations.

SCHEDULE

FORM A

PART I

WRIT OF REFERENDUM

TO THE RETURNING OFFICER FOR THE .........................................................................................

CONSTITUENCY/WARD OF THE ...........................................................  COUNCIL

WHEREAS a referendum is to be conducted for the purposes of ascertaining the wishes of the registered votes of ........................................ Constituency or of ....................................... ward of the ................................................ Council in respect of the following issue—

(a)...........................................................................................................................................

(b)...........................................................................................................................................

(c) .........................................................................................................................................

(d) .........................................................................................................................................

(e) .........................................................................................................................................

NOW, THEREFORE, I do hereby command you that you do cause a poll to be taken according to law in the said Constituency or Ward and that you do certify on this writ the votes cast in favour of each of the said issues.

AND I DO HERE DIRECT that the poll shall be taken on the ................................................. day of ............................ 19..............................

GIVEN under my hand and Seal this ............................. day of .................... 19...............

...............................................................

Electoral Commissioner

 

 

PART II

CERTIFICATE TO BE ENDORSED ON WRIT

I HEREBY CERTIFY that in respect of the voting in this Constituency or Ward in pursuance of this writ, the number of votes cast in favour of each of the issues so specified is as follows:

+-----------------+         ............................................................................

|                 |    ............................................................................

|                 |         ............................................................................

|                 |    ............................................................................

|                 |    ............................................................................

+-----------------+         .............................................................................

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and that an equality of votes was found to exist between the following issues

................................................................................................................................................

Date....................................              ..........................................

Returning Officer

 

 

FORM B

NOTICE OF A REFERENDUM

The Electoral Commissioner having on the .............................................. day of ................................ 19........ issued a writ for the conduct of a referendum in this Constituency or Ward it is hereby notified for the information of all registered voters that the issues to be determined are

________________________________________________________________________

                                                     Symbol                      Colour                        No

_______________________________________________________________________

(a) .................................    ................................    ...............................    

(b) .................................    ................................    ...............................    

(c) .................................    ................................    ...............................    

(d) .................................    ................................    ...............................    

(e) .................................    ................................    ...............................    

2.  The poll will be taken between the hours of  ................................ and ................................. on the .................... day of ................... 19 ................. at the .............................. polling station of the ....................................... constituency or ward.

3.  All questions relating to the voting in this Constituency or Ward should be addressed to the Returning Officer at:—

.........................................................

Returning Officer for

.......................................................

Constituency or Ward 

Date .....................................................................

 

FORM C

NOTICE FOR THE VOTING IN A REFERENDUM

POLLING ARRANGEMENTS FOR THE ................................................................

PART I

I hereby give notice that the issues for determination and the representative symbols or colours assigned and the number allocated to each of the issues are as follows:—

________________________________________________________________________

                   Issue                           Symbol                      Colour                        Number

________________________________________________________________________

(a) .................................    ................................    ..............................    

(b) .................................    ................................    ..............................    

(c) .................................    ................................    ..............................    

(d) .................................    ................................    ..............................    

(e) .................................    ................................    ..............................    

2.  I further give notice,

(a) that the poll will be taken in this constituency or ward on ....................... the ............................ day of ................19....  between the hours of seven o'clock in the morning and five o'clock in the evening; and

(b) that the addresses of the polling stations shall be as specified in  columns 1, 2, 3 and 4 of Part II of this Notice; and

(c) that in those polling divisions where there is more than one polling station, the registered voters assigned to each polling station shall be as specified in column 5 of Part II of this Notice.

 

 

PART II

 

Region            

 

 

District            

 

Polling      Division    

 

Location of Polling Station   Registered voters assigned to Polling Station where more than one Polling Station            

                                                            

                                                            

                                                            

Date ..................................................                   ...................................................

Returning Officer

 

FORM D

PART I

FORM OF PROXY PAPER

Original

(To be sent to the Returning Officer)

Duplicate

(To be sent to the Electoral Commissioner

Triplicate

(To be sent to Proxy)

Quadruplicate

(Copy)

Quintuplicate

(Copy)

To. ...............................................................................

 ...............................................................................

 ...............................................................................

I, .......................................................................................................................................

(First Names)                                 (Surname)

of..............................................................................................................................................................

(Address outside Ghana)

............................................................................................................................................................................................

hereby apply to vote by Proxy.

2. My Proxy is ................................................................................................................................................

 (First Names)                             (Surname)............................................................. of ........................................................................................................................

                                   (Address of Proxy)

who, to the best of my knowledge and information, is a registered voter under the electoral law in force in Ghana.

3.  I am a citizen of Ghana and have been registered as a voter in polling station of ............................ Constituency.  My identification number in the Register of Voters is ..................................................................................

......................................................................

 (Signature)

+-----------------+            .................................................................................

|                 |          Signature of Witness of Signature

|                 |                Address.................................................................

|                 |           ...................................................................

|                 |                          ...................................................................

+-----------------+           ...................................................................

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PART II

CANCELLATION OF APPOINTMENT OF A PROXY

I,.............................................................................................................................................

of ..........................................................................................................................................

having on the............... ............................day of .............................................................

appointed .............................................................................................................................

of ........................................................................................................................................

do hereby apply to have that appointment cancelled and accordingly request the Electoral Commissioner to give effect to this application by the cancellation of the said appointment.

Dated this ............................ day of ........................ 19 ...................................................

.........................................................

Signature

..........................................................................

Signature of Witness to Signature

+------------------+

|                  |           Address ..........................................................

|                  |          ..........................................................

|                  |          ..........................................................

|                  |          ..........................................................

+------------------+

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I.K. ABBAN

Electoral Commissioner

Date of Gazette Notification: 30th December, 1977.

 

 

 
