Published: 1968-05-17
Key Benefits:
ARRANGEMENT OF SECTIONS
SECTION
PART I
Introductory
1. Short title
2. Interpretation
3. Duties of Secretary
4. Appointment of officers
5. Establishment of polling districts and stations
PART II
Disqualification of Voters
6. Disqualification of voters
PART III
Registration of Voters and Preparation of Rolls
7. General registration of voters
8. Supplementary registration of voters
9. Registration of non-resident citizens
10. Applications for registration
11. Enquiries by registration officer
12. General, supplementary and election rolls
13. Form of rolls
14. Publication of rolls
15. Certification of rolls
16. Inspection of rolls
PART IV
Appeals, Objections and Cancellations
17. Appeal against rejection under section 10
18. Objections
19. Determination of objections
20. Failure of an objector to appear
21. Cancellation by principal registration officer
22. Appeal against cancellation under section 21
23. Procedure for hearing appeals or objections
24. Notification to Secretary
PART V
Supplementary
25. Transfer of registration
26. Formal alterations to rolls
27. Procedure for alteration of rolls
28. Restrictions on acts of Secretary after issue of writ of election
29. Issue of duplicate voter's registration card
30. Service of notices
PART VI
Elections
31. Entitlement to vote
32. Extension of franchise
33. [The provisions of this section have lapsed.]
34. Writ of election
35. Nomination of candidates
36. Proof of payment of deposit
37. Validity of nomination
38. Withdrawal of candidature
39. Publication of nominations
40. Lack of nominations
41. Uncontested elections
42. Contested elections
PART VII
Polling
43. Poll to be taken by ballot
44. Allocation of symbols and voting colours
45. Notice of poll
46. Power to adjourn polling day in public interest
47. Death of candidate
48. Ballot papers
49. Polling agents
50. Polling hours
51. Control of polling stations
52. Arrangements at polling stations
53. Ballot boxes
54. Method of voting
55. Assistance to voters by election officers
56. Interference with voters
57. Voters objected to
58. Spoilt ballot paper
59. Personal attendance
60. Voters to vote at polling station in respect of which registered
61. Voting by election officers and police officers
62. Tendered ballot papers
63. Control of polling station
64. Removal of persons misconducting themselves
65. Adjournment of poll in case of riot
66. Closing of poll
67. Procedure on closing of poll
68. Counting agents
69. Counting of votes
70. Verification of ballot paper accounts
71. Method of counting
72. Statement of rejected ballot papers
73. Returning officer's decision final
74. Method of dealing with papers
75. Re-count
76. Fresh election in event of equality of votes
77. Certificate and declaration of result
78. Publication of return
79. Documents to be delivered to High Court
PART VIII
Election Expenses and Election Agents
80. Election expenses
81. Maximum of election expenses
82. Appointment of election agent
83. Appointment of clerks and messengers
84. Disclosure of expenditure
85. Receipts of election expenses
86. Apportionment of election expenses incurred by political party
87. Return of election expenses
88. Condoning orders
89. Inspection of return
PART IX
Corrupt and Illegal Practices
90. Corrupt practices
91. Personation
92. Treating
93. Undue influence
94. Bribery
95. Penalty for corrupt practices
96. Certain expenditure and illegal practice
97. Unauthorized election expenses
98. Exceeding maximum expenditure
99. Penalty for providing money for payments contrary to this Act
100. Certain employment prohibited
101. Corrupt procurement of candidature
102. Procuring prohibited persons to vote and false statements in regard to withdrawal of candidates prohibited
103. Penalty for illegal practices
104. Additional penalty for corrupt or illegal practices
105. When election void owing to corrupt practice
106. When election not void
107. When High Court may hold certain acts or omissions to be exempt from the provisions of this Act
108. Persons guilty of corrupt or illegal practices shall not vote
109. Hearing of person before he is found guilty of corrupt or illegal practice
110. Finding on charges of corrupt or illegal practices
111. Time within which proceedings must be commenced
112. When creditors not prejudiced in respect of prohibited payment
113. Offences on day of election
114. Disorderliness at political meetings
115. Bills, placards, etc. to have name of printer and publisher
PART X
Election Petitions
116. Who may present an election petition?
117. Presentation of election petition
118. Notice of petition to be served on respondent
119. Respondent may object to surety provided
120. Registrar to prepare list of petitions
121. Trial of election petition
122. Procedure where court reports cases of corrupt or illegal practices
123. Form of petition
124. Provision where more than one petition in respect of same election
125. Verbatim report of evidence
126. Witnesses
127. Examination of witnesses
128. Witnesses not excused from answering incriminating questions
129. Expenses of witnesses
130. Respondent may testify that election of petitioner undue
131. Withdrawal of petition
132. On motion to withdraw another petitioner may be substituted
133. Substitution of petitioner and court's power if petition improperly withdrawn
134. Costs of withdrawal of petition
135. All petitioners must consent to withdrawal
136. Petition abated on death of petitioner
137. Petition not opposed by respondent
138. Costs of petition
139. Default in payment of costs
140. Non-compliance with Part VI or Part VII not invalidating election
PART XI
Offences
141. Offences in relation to voter's registration cards
142. Defacement of notices
143. Offences by registration officers
144. Knowingly giving false information to a registration officer
145. False entry in any form of appeal or objection
146. Penalties
147. Further offences
148. Dereliction of duty by election officer
149. Requirement of secrecy
PART XII
Miscellaneous
150. Registration of symbols and voting colours
151. Inaccurate description of places and persons
152. Forms
153. Regulations
154. Application of Act to council elections
Schedule - (Forms)
Act 38, 1968,
S.I. 50, 1968,
Act 49, 1969,
S.I. 84, 1969,
Act 8, 1974,
S.I. 106, 1974,
Act 15, 1977,
Act 50, 1977,
S.I. 112, 1977,
S.I. 114, 1977,
S.I. 120, 1977,
Act 17, 1979,
S.I. 74, 1979,
Act 29, 1981,
Act 16, 1984,
Act 18, 1988,
S.I. 110, 1988,
Act 20, 1989,
S.I. 24, 1989,
S.I. 54, 1989,
Act 10, 1993,
S.I. 120, 1993,
S.I. 130, 1993,
S.I. 7, 1998,
Act 14, 1998,
Act 5, 1999,
Act 16, 1999,
S.I. 89, 1999,
S.I. 44, 2003,
S.I. 50, 2003,
Act 2, 2004,
Act 14, 2005,
Act 21, 2008,
S.I. 34, 2009,
Act 20, 2012
An Act to consolidate certain laws relating to elections of the National Assembly and councils; for the qualifications and registration of voters; for the conduct of such elections and for other purposes in relation to such elections.
[Date of Commencement: 17th May, 1968]
This Act may be cited as the Electoral Act.
[Ch0209s2]2. Interpretation 5 of 1999, s. 2(b).
In this Act, unless the context otherwise requires-
"assistant returning officer" means a person appointed as assistant returning officer under section 4;
"candidate" means a candidate for election as a Member;
"close of nominations", in relation to any election, means the hour at which the period appointed by a writ, or in pursuance of section 47 for the receipt of nomination in that election, expires;
"constituency" means a constituency delimited in accordance with Chapter V of the Constitution;
"council" means a district council, city council or town council;
"designated polling district" means a polling district designated by the Commission in terms of the proviso to section 7(1);
"election" means the election of a Member;
"election officer" means a returning officer, assistant returning officer, presiding officer or polling officer;
"election petition" means a petition made in terms of Part X;
"election roll" means a roll prepared in pursuance of section 12(4);
"entitled to registration", in relation to any polling station, means entitled to be registered as a voter in respect of that polling station in accordance with the provisions of Chapter V of the Constitution;
"existing roll" means any roll other than a roll which in terms of section 12(6) or (7) has ceased to have effect;
"Form" means Form prescribed in the Schedule;
"general registration period" means any period appointed as such under section 7(1);
"general roll" means a roll prepared in pursuance of section 12(2) and includes, in the circumstances set out in section 12(7), an election roll;
"identity card" means an identity card issued under the Cap. 01:02 National Registration Act;
"Independent Electoral Commission" means the Independent Electoral Commission appointed under section 65A of the Constitution (in this Act referred to as "the Commission");
"magistrate" means a person appointed as a Magistrate Grade II or over and having jurisdiction in the constituency concerned;
5 of 1999, s. 2(a) "Member" means an Elected Member of the National Assembly or an Elected Member of a council;
"nomination day", in relation to any election, means the day appointed by a writ for the receipt of nominations in that election; or any other day to which such day may be adjourned by virtue of the provisions of section 46;
"objection" means an objection under section 18;
"personal representative" means, in relation to a person who is dead, the person who in law (including the customary law where this is applicable) represents the estate of that person;
"police officer" has the meaning assigned to it by section 2 of the Cap. 21:01 Police Act;
"poll" means a poll conducted in accordance with this Act;
"polling day", in relation to any election, means the day appointed by a writ for the taking of any poll which may be necessary in that election; or any other day to which the taking of such poll may be adjourned by virtue of the provisions of sections 46 or 65;
"polling district" means a polling district established under section 5;
"polling officer", in relation to any polling station, means any person appointed as such for that polling station under section 4;
"polling station" means a polling station established under section 5;
"presiding officer", in relation to any polling station, means the person appointed as presiding officer for that polling station under section 4 and includes, to the extent to which he is permitted to act, a polling officer appointed in respect of that polling station;
5 of 1999, s. 2(c) "principal registration officer" means the person appointed as principal registration officer under section 4;
"registered" means registered as a voter under this Act;
5 of 1999, s. 2(d) "registration officer" means any person appointed as registration officer under section 4 and includes the principal registration officer;
"return" means the return of election expenses referred to in section 87;
5 of 1999, s. 2(e) "returning officer" means the person appointed as returning officer under section 4 and includes, to the extent to which he is permitted to act, any person appointed as assistant returning officer;
"roll" means a general roll, supplementary roll or election roll prepared in pursuance of section 12;
"Secretary" means the Secretary to the Independent Electoral Commission appointed under section 66 of the Constitution;
"Speaker" means the Speaker of the National Assembly;
"symbol" means a symbol allotted to a candidate in pursuance of section 44 or registered in respect of a political party in pursuance of section 150;
"tendered ballot paper" means a ballot paper issued under section 62;
"tendered vote" means a vote cast using a tendered ballot paper;
"voter" means a person registered as a voter under this Act and in relation to any constituency means any person who is entitled, in terms of sections 31 and 32, to vote at elections in that constituency;
"voter's registration card" means a voter's registration card given to a voter under section 10, 17 or 25 and includes a duplicate of such card given to a voter under section 29;
"voter's registration record card" means a voter's registration record card completed in respect of a voter under section 10 or 17;
"voting colour" means a colour allotted to a candidate in pursuance of section 44 or registered in respect of a political party in pursuance of section 150;
"writ" means a writ of election issued in terms of section 34.
[Ch0209s3]3. Duties of Secretary
The Secretary shall, subject to the directions and supervision of the Commission-
(a) exercise general direction and supervision over the registration of voters;
(b) exercise general direction and supervision over the administrative conduct of elections and enforce on the part of all election officers fairness, impartiality and compliance with the provisions of this Act;
(c) issue to election officers and registration officers such instructions as he may deem necessary to ensure effective execution of the provisions of this Act; and
(d) exercise and perform all other powers and duties conferred and imposed upon him by this Act.
[Ch0209s4]4. Appointment of officers
5 of 1999, s. 3(a). (1) The Secretary shall appoint-
(a) a principal registration officer for each constituency; and
(b) such other registration officers, for each constituency and polling station, as he may deem necessary.
5 of 1999, s. 3(b). (2) The Secretary shall appoint-
(a) a returning officer and such number of assistant returning officers, for each constituency and polling district, as he may deem necessary; and
(b) a presiding officer and such number of polling officers as he may deem necessary for each polling station.
(3) Registration and election officers shall execute and perform the powers and duties conferred upon them by this Act in accordance with such instructions as they may be given by the Secretary.
(4) For purposes of registration and elections to be conducted outside Botswana, the Secretary shall appoint registration and election officers in such countries as he may consider necessary.
(5) Appointments made under this section shall be published in the Gazette.
[Ch0209s5]5. Establishment of polling districts and stations
(1) As soon as practicable after constituencies have been delimited, the Secretary shall divide each constituency into polling districts and establish one or more polling stations in each polling district; and shall cause notice of the boundaries of every such polling district, the situation of every such polling station and the names by which such polling districts and polling stations are to be known, to be published in the Gazette and in such other manners as he may consider appropriate.
(2) The Secretary may from time to time in like manner add to the number of polling stations established in any polling district or vary the situation within a polling district of any polling station established therein.
5 of 1999, s. 4. (3) For purposes of registration and elections to be conducted outside Botswana, the Commission shall establish polling stations outside Botswana-
(a) at all Botswana Embassies and Consular Missions; and
