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Electoral Act
Consolidated to September 01, 2003

This Act has been repealed by Electoral Act [Chapter 2:13] (Act 25/2004)

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ELECTORAL ACT [Chapter 2:01]

Acts 7/1990, 7/1992, 22/1992;12/1997 (s. 3); 21/1997, 22/2001 (s. 4).

[Reprinted as amended as at the 1st September, 2003, i.e., as amended by s. 3 of the General Laws Amendment Act, 1997 (No. 12 of 1997) and by the Local Authorities Election Laws Amendment Act, 1997 (No 12 of 1997), both of which came into operation on the 7th November, 1997, and by s. 4 as read with Part I of the Schedule to the Criminal Penalties Amendment Act, 2001 (No. 22 of 2001), which came into operation on the 20th May, 2002.
The amendments made by the General Laws Amendment Act, 2002 (No. 2 of 2002) have not been incorporated, because that Act was declared null and void by the Supreme Court.]

ENACTED by the President and the Parliament of Zimbabwe.

PART I
Preliminary

1. Short title.
2. Application.
3. Interpretation.

PART II
Election Directorate

4. Appointment and functions of Election Directorate.
5. Allowances payable to members of Election Directorate.

PART III
Electoral Supervisory Commission: Procedure and Conditions of Service of Members

6. Interpretation in Part III.
7. Conditions of office of members.
8. Disqualification for appointment as member.
9. Vacation of office by member.
10. Removal of members from office.
11. Staff of Commission.
12. Meetings and procedure of Commission.
13. Remuneration and expenses of members.
14. Duties of Registrar-General towards Commission.
14A. Functions of Commission regarding local authority elections.

PART IV
Registrar-General of Elections and Constituency Registrars

15. Registrar-General of Elections.
16. Constituency registrars and other officers.
17. Voters’ rolls to be kept by constituency registrars.
18. Voters’ rolls open to inspection and printing of rolls.
19. Powers to demand information.

PART V
Residence Qualifications of Voters

20. Residence qualifications.

PART VI
Registration of Voters

21. Claims for registration.
22. Claims for transfer of registration.
23. Voters’ registration cards.
24. New registration of voters.

PART VII
Objections to Registration of Voters

25. Objections by constituency registrar.
26. Objections by voters.
27. Hearing and determination of objections by designated magistrate and procedure thereon.
28. Statement of case for opinion of judge in chambers.
29. Posting of names of persons objected to.

PART VIII
Miscellaneous Provisions Relating to Registration of Voters

30. Removal of duplications.
31. Removal from voters’ roll on disqualification or death.
32. Removal from voters’ roll owing to absence.
33. Registration of voter no longer disqualified.
34. Additional powers to alter voters’ rolls.
35. How alterations to be made.
36. Documents required in connection with registration exempt from stamp duty.

PART IX
Offences in Relation to Registration of Voters

37. Offences in relation to registration of voters.

PART X
Proclamation of General Elections or By-Elections

38. General elections.
39. Vacancies and by-elections.

PART XI
Election of Chiefs to Parliament

40. Electoral colleges.
41. Presiding officers.
42. Quorum of electoral colleges.
43. Nomination of chiefs as candidates.
44. Conduct of poll for election of chief.

PART XII
Appointed Members of Parliament

45. Notification of appointment of members of Parliament.

PART XIII
Nomination of Candidates for Election as Members of Parliament

46. Nomination of candidates.
47. Deposit on nomination.
48. Procedure when poll to be held.
49. Withdrawal of candidate.
50. Death of candidate.

PART XIV
Preparation for and Voting at Poll

51. Polling stations.
52. Provision of requisites and officers for purpose of poll.
53. Hours polling stations to be open.
54. The ballot box.
55. Conduct of poll.
56. Number of votes and identification of voters.
57. Manner of voting.
58. Spoilt ballot papers.
59. Voting by physically incapacitated or illiterate voters.
60. Procedure at close of poll.

PART XV
Voting by Post

61. Applications for postal ballot papers.
62. Issue of postal ballot papers.
63. Refusal of application for postal ballot paper.
64. Recipients of postal ballot papers not entitled to vote at polling stations.
65. Voting by post.
66. Postal ballot boxes.
67. Opening of postal ballot boxes.
68. Rejected declarations of identity.
69. Postal ballot papers to be placed in ballot box.
70. Safe-keeping of documents.
71. Offences in relation to postal votes.

PART XVI
Procedure After Close of Poll

72. Procedure on receipt of ballot boxes after poll.
73. Counting and rejection of votes.
74. Determination and declaration of result of poll.
75. Secrecy of voting to be maintained.
76. Notification of result of election.
77. Minister to cause names of candidates elected to be published in Gazette.
78. Custody and disposal of ballot and other papers.

PART XVII
General Provisions Relating to Polls

79. Constituency registrars and other persons to make declaration of secrecy.
80. Offences in relation to ballot papers and ballot boxes.
81. Maintenance of secrecy and non-interference with voters and ballot papers.
82. Persons wilfully failing in their duties guilty of offence.
83. Abrogation of elections.

PART XVIII
Election Expenses and Election Agents

84. What expenses permissible.
85. Election agents.
86. Polling agents.
87. Appointments made and expenses incurred by candidates or agents.
88. All payments in respect of expenses to be made through agent and all expenditure to be disclosed.
89. Receipts for election expenses.
90. Claims for election expenses.
91. Limit of personal expenses that candidates may incur.
92. Claims by election agents.

PART XIX
Provisions Relating to Elections to Office of President
93. When election to office of President to be held.
94. Notice of election to office of President.
95. Nomination of candidates for election to office of President.
96. Deposit on nomination.
97. Publication of names of Presidential candidates.
98. Withdrawal of candidature.
99. When fresh nominations to be held.
100. Procedure when poll to be taken.
101. Determination and declaration of result of election to office of President.
102. Election petitions in respect of election to office of President.
103. Application of Parts XIV, XV, XVI and XVII.

PART XIXA
Provisions Relating to Local Authority Elections

Preliminary
103A. Application of Part XIXA.
103B. Interpretation in Part XIXA.

Qualifications of voters and preparation of voters’ rolls
103C. Qualifications of voters in local authority elections.
103D. First voters’ roll.
103E. Preparation of subsequent voters’ rolls.
103F. Inspection of voters’ rolls.

Qualifications for election
103G. Qualifications and disqualifications for election as councillor.
103H. Qualifications and disqualifications for election as mayor.

When elections to be held
103I. When election of councillors to be held.
103J. When election to office of mayor to be held.
103K. Postponement of elections.

Conduct of elections
103L. Notice of election and nomination day.
103M. Nomination of candidates.
103N. Withdrawal of candidate.
103O. Death of candidate.
103P. Entitlement to vote and number of votes a voter may cast.
103Q. Drawing of lots to determine result of election
103R. Declaration and publication of result of election.
103S. Expenses of elections.

General
103T. Alteration of dates and qualifying periods.
103U. Application of provisions of this Act to local authority elections.

PART XX
Corrupt Practices

104. Treating.
105. Undue influence.
106. Bribery.
107. Personation.
108. Illegal transportation of voters.
109. Penalties for corrupt practices.

PART XXI
Illegal Practices

110. Certain expenditure an illegal practice.
111. Unauthorised election expenses.
112. Penalty for providing money for payments contrary to this Act.
113. Certain employment prohibited.
114. Corrupt procurement of candidate.
115. Betting prohibited.
116. Bills and placards to have names of printer and publisher.
117. Prohibited symbols.
118. Prohibition of certain activities in vicinity of polling stations.
119. Premises licensed for sale of liquor not to be used for certain purposes.
120. Procuring prohibited persons to vote and false statements regarding withdrawal of candidates.
121. Obstruction of voters.
122. Philanthropical societies not to devote funds for political purposes.
123. General penalties for illegal practices.

PART XXII
Further Provisions Relating to Corrupt Practices, Illegal Practices and Other Offences

124. When election void owing to corrupt or illegal practices.
125. When election not void.
126. When High Court may hold certain acts or omissions to be exempt from provisions of this Act.
127. Hearing of person before he is found guilty of corrupt practice or illegal practice.
128. Finding on charge of corrupt practice or illegal practice.
129. Time within which proceedings must be commenced.
130. When creditors not prejudiced in respect of prohibited payment.

PART XXIII
Election Petitions

131. Interpretation in Part XXIII.
132. Who may present election petition.
133. Provisions governing election petitions.
134. Notice of election petition to be served on respondent.
135. Respondent may object to security provided.
136. Provisions as to trial of election petition.
137. Procedure where High Court reports cases of corrupt practices or illegal practices.
138. Witnesses.
139. Witnesses not excused from answering incriminating questions.
140. Respondent may testify that election of petitioner undue.
141. Withdrawal of election petition.
142. Election petition abated on death of petitioner.
143. Position when respondent does not oppose election petition.
144. Costs of election petition.

PART XXIV
General

145. When incapacity may be removed.
146. No person required to divulge how he voted.
147. Evidence as to holding of election.
148. Certificate of member’s death.
149. When non-compliance with this Act invalidates election.
150. Penalty for interruptions in connection with elections.
151. Maintenance of secrecy.
152. How public notice may be given and documents served.
153. When appointed date falls on Saturday, Sunday or public holiday.
154. Validation of certain documents despite misnomer or inaccurate description.
155. General penalty.
156. Rules of court.
157. Regulations.
158. Regulatory powers of President.

AN ACT to provide for the appointment and functions of an Election Directorate; to provide for the procedure and conditions of service of members of the Electoral Supervisory Commission; to provide for a Registrar-General of Elections and constituency registrars; to make provision for the registration of voters and for the lodging of objections thereto; to provide for the preparation and maintenance of voters rolls; to prescribe the residence qualifications of voters and the procedure for the nomination and election of candidates to and the filling of vacancies in Parliament; to provide for the conduct of elections and the proceedings which may be taken against undue elections; to make provision for elections to the office of President; to provide for offences and penalties, and for the prevention of corrupt or illegal practices in connection with elections; to make provision for the hearing and determination of election petitions; and to provide for matters connected with or incidental to the foregoing.
[Date of commencement: 28th March, 1990.]

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