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Electoral Bill, 2004 [H.B. 19, 2004]
October 11, 2004

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Read the amendments proposed to the Electoral Bill by the MDC
Read the original Electoral Act

Memorandum

In the light of the establishment of the Zimbabwe Electoral Commission (“the Commission”) as an independent authority to administer all elections and referendums in Zimbabwe, it is desirable to repeal and replace the Electoral Act [Chapter 2:01] to take into account all the required changes to the electoral law. The contents of the Bill are summarised under a Part-by-Part analysis. Click here to read the Memorandum

BILL

To provide for the procedure and conditions of service of members of the Electoral Supervisory Commission and its functions with respect to monitors and observers; to provide for the duties of the Zimbabwe Electoral Commission towards the Electoral Supervisory Commission; to provide for a Registrar-General of Voters and constituency registrars; to make provision for the registration of voters and for the lodging of objections thereto; to provide for the preparation, compilation 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 provide for elections to the office of President; to provide for local authority elections; to provide for offences and penalties, and for the prevention of corrupt or illegal practices in connection with elections; to establish the Electoral Court and provide for its functions; to make provision for the hearing and determination of election petitions; to repeal the Electoral Act [Chapter 2:01]; and to provide for matters connected with or incidental to the foregoing.

ENACTED by the President and the Parliament of Zimbabwe.

PART I
Preliminary

1. Short title.
2. Application
3. General principles of democratic elections.
4. Interpretation.

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

5. Interpretation in Part II.
6. Conditions of office of members.
7. Disqualification for appointment as member.
8. Vacation of office by member.
9. Removal of members from office.
10. Staff of Electoral Supervisory Commission.
11. Meetings and procedure of Electoral Supervisory Commission.
12. Remuneration and expenses of members.
13. Functions of Electoral Supervisory Commission regarding monitors.
14. Functions of Electoral Supervisory Commission regarding observers.
15. Reports of Electoral Supervisory Commission concerning elections.
16. Duties of Commission towards Electoral Supervisory Commission.

PART III
Staff of Commission During Elections

17. Staff of Commission during elections.

PART IV
Registrar-General of Voters and Constituency Registrars

18. Registrar-General of Voters.
19. Constituency registrars and other officers.
20. Voters rolls to be kept by constituency registrars.
21. Voters rolls open to inspection and printing of rolls.
22. Powers to demand information.

PART V
Residence Qualifications of Voters and Registration of Voters

23. Residence qualifications of voters.
24. Claims for registration.
25. Claims for transfer of registration.
26. Voters registration certificates.

PART VI
Objections to registration of voters

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

PART VII
Miscellaneous provisions relating to registration of voters

32. Removal of duplications.
33. Removal from voters roll on disqualification, death or absence.
34. Registration of voter no longer disqualified.
35. Additional powers to alter voters rolls.
36. How alterations to be made.

PART VIII
Offences in relation to registration of voters

37. Offences in relation to registration of voters.

PART IX
Proclamation of general-elections and notification of by-elections

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

PART X
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 Chiefs.

PART XI
Appointed Members of Parliament

45. Notification of appointment of members of Parliament.

PART XII
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 XIII
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 illiterate voters.
60. Voting by physically incapacitated voters.
61. Procedure at close of poll.
62. Procedure after sealing of ballot boxes.
63. Counting and rejection of votes.
64. Recording and notification of result of count.
65. Procedure on receipt of polling-station returns.
66. Determination and declaration of result of poll.
67. Notification of result of election.
68. Chief Elections Officer to cause names of candidates elected to be published.
69. Procedure after counting at polling station and collating at constituency centre.
70. Custody and disposal of ballot and other papers.

PART XIV
Voting by Post

71. Applications for postal ballot papers.
72. Issue of postal ballot papers.
73. Refusal of application for postal ballot paper.
74. Recipients of postal ballot papers not entitled to vote at polling stations.
75. Voting by post.
76. Postal ballot boxes.
77. Opening of postal ballot boxes.
78. Rejected declarations of identity.
79. Postal ballot papers to be placed in ballot box.
80. Safe-keeping of documents.
81. Offences in relation to postal votes.

PART XV
General Provisions Relating to Polls

82. Constituency elections officers and other persons to make declaration of secrecy.
83. Conduct of chief election agents, election agents, monitors and observers at elections.
84. Absence of election agents, etc. at opening and closing of ballot boxes, etc.
85. Offences in relation to ballot papers and ballot boxes.
86. Maintenance of secrecy and non-interference with voters and ballot papers.
87. Persons wilfully failing in their duties guilty of offence.
88. Obstruction of election officials.
89. Destruction or damaging of voters roll or data relating thereto.
90. Employer to allow employees to vote.

PART XVI
Election Expenses and Election Agents

91. What expenses permissible.
92. Chief election agents.
93. Election agents.
94. Appointments made and expenses incurred by candidates or agents.
95. Payments of expenses and disclosure of expenditure.
96. Receipts for election expenses.
97. Claims for election expenses.
98. Limit of personal expenses that candidates may incur.
99. Claims by chief election agents.

PART XVII
Provisions Relating to Elections to Office of President

100. When election to office of President to be held.
101. Notice of election to office of President.
102. Nomination of candidates for election to office of President.
103. Deposit on nomination.
104. Publication of names of Presidential candidates.
105. Withdrawal of candidature.
106. When fresh nominations to be held.
107. Procedure when poll to be taken.
108. Determination and declaration of result of election to office of President.
109. Election petitions in respect of election to office of President.
110. Application of Parts XIII, XIV and XV.

PART XVIII
Provisions Relating to Local Authority Elections

Preliminary
111. Application of Part XVIII.
112. Interpretation in Part XVIII.

Qualifications of voters and preparation of voters’ rolls
113. Qualifications of voters and preparation of voters rolls.
114. First voters roll.
115. Preparation of subsequent voters rolls.
116. Inspection of voters rolls.

Qualifications for election
117. Qualifications and disqualifications for election as councillor.
118. Qualifications and disqualifications for election as mayor.

When elections to be held
119. When election of councillors to be held.
120. When election to office of mayor to be held.
121. Postponement of elections.

Conduct of elections
122. Notice of election and nomination day.
123. Nomination of candidates.
124. Withdrawal of candidate.
125. Death of candidate.
126. Entitlement to vote, number of votes a voter may cast, and counting thereof.
127. Drawing of lots to determine result of election
128. Declaration and publication of result of election.
129. Expenses of elections.

General
130. Alteration of dates and qualifying periods.
131. Application of provisions of this Act to local authority elections.

PART XIX
Corrupt Practices

132. Undue influence.
133. Bribery.
134. Personation.
135. Additional penalties for corrupt practices.

PART XX
Illegal Practices and Other Offences

136. Certain expenditure an illegal practice.
137. Unauthorised election expenses.
138. Penalty for providing money for payments contrary to this Act.
139. Certain employment prohibited.
140. Corrupt procurement of candidate.
141. Betting prohibited.
142. Posters to have names of printer and publisher.
143. Prohibited symbols.
144. Prohibition of certain activities in vicinity of polling stations.
145. Procuring prohibited persons to vote; false statements re withdrawal of candidates.
146. Obstruction of voters.
147. Additional penalties for illegal practices.
148. Preventing holding of political meetings, etc.
149. Destruction of political posters, etc.
150. Defacing property for political purposes.
151. Aggravating circumstances in relation to offences under sections 151, 152 and 153.

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

152. When election void owing to corrupt or illegal practices.
153. When election not void.
154. When Electoral Court may hold certain acts or omissions to be exempt from this Act.
155. Hearing of person accused of corrupt practice or illegal practice.
156. Finding on charge of corrupt practice or illegal practice.
157. When creditors not prejudiced in respect of prohibited payment.

PART XXII
Establishment, Composition and Rules of Electoral Court

158. Establishment and nature of Electoral Court.
159. Judges of Electoral Court and composition thereof.
160. Assessors.
161. Registrar of Electoral Court.
162. Rules of Electoral Court.

PART XXIII
Election Petitions

163. Interpretation in Part XXIII.
164. Who may present election petition.
165. Provisions governing election petitions.
166. Notice of election petition to be served on respondent.
167. Respondent may object to security provided.
168. Provisions as to trial of election petition.
169. Appeals from decisions of Electoral Court.
170. Procedure where Electoral Court reports cases of corrupt practices or illegal practices.
171. Witnesses.
172. Witnesses not excused from answering incriminating questions.
173. Respondent may testify that election of petitioner undue.
174. When non-compliance with this Act invalidates election.
175. Withdrawal of election petition.
176. Election petition terminated on death of petitioner.
177. Position when respondent does not oppose election petition.
178. Costs of election petition.
179. Time within which election petition to be determined.

PART XXIV
General

180. When incapacity may be removed.
181. No person required to divulge how he or she voted.
182. Evidence as to holding of election.
183. Penalty for interruptions in connection with elections.
184. Maintenance of secrecy.
185. How public notice may be given and documents served.
186. Validation of certain documents despite misnomer or inaccurate description.
187. Complaints to Commission.
188. Regulatory powers of Commission.
189. Repeal of Cap. 2:01 and savings.

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