The House of Representatives at its plenary session of Wednesday 8th May 2019 passed the Electoral Act (Amendment) Bill and nine other Bills. It would be recalled that the Speaker on Tuesday, 11th December 2018 read a letter from the President declining assent to the Electoral Act (Amendment) Bill on the grounds that there were some drafting issues that needed to be addressed.
Some of the areas the President had highlighted in his letter included observations to sections 18 (Power to issue Duplicate Voters’ Cards), 36, (Death of a Candidate), 85(1) (Notice of Convention, Congress, etc) and section 156 (the Interpretation Section) of the 2010 Electoral Act, (as amended)
Following this, the new Bill now provides for the following:
An amendment to section 18(1) to reflect that a replacement voter’s card should be applied for in not less than 60 days before polling day. (This amendment is already provided for by virtue of the Electoral Amendment Act, 2015)
An amendment to section 36(1) to incorporate a proviso for political parties who intend to continue to participate in an election after their nominated candidate dies. The proviso provides for different rules that are dependent on whether the candidate dies either before/after commencement of polls. (Current provisions only provide for the scenario where a nominated candidate dies after being nominated but before the commencement of polls)
An amendment to section 85(1) by fully redrafting the section to define the notice period a registered political party must give the Commission for a Convention, Congress, Conference or meeting convened for the purpose of a merger and fusion. (Current provisions do not include the notice period for a merger and fusion)
An amendment to section 156 to define “Ward Collation officer” as an officer responsible for collation of results at ward level.
The amendments are same with what the Senate passed on 17th April 2019 and will form part of the Bill that will be transmitted to the President for assent.
