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CHAPTER 10

ELECTORAL OFFENCES AND PENAL SANCTIONS

What are electoral offences and when are electoral offences Committed?

PNDC Law 284 as amended devotes fourteen sections, ie sections 7-40 to detail what constitutes election offences.

:Election Offences are committed from registration as a voter, through nomination of candidates, campaigning for votes, voting In election day to declaration of results. It could also be committed by individuals, party activists and agents parties, Candidates and even election officials.

OFFENCES CONNECTED WITH REGISTRATION:

SECTION 27 OF PNDCL284

, person commits an election offence when

(a) he knowingly makes false statement to have his/her name on the voters' register;

(b) engages in double registration; and

(c) prevents or attempts to prevent another person from exercising his right to register as a voter through the use of force or threats

SANCTIONS

(a) a fine not exceeding 500 penalty units; or

(b) imprisonment not exceeding two years; or

(e) five-year disqualification.

OFFENCES RELATING TO NOMINATION PAPERS AND THE BALLOT SECTION 28 OF PNDCL284

A person commits an election offence if he/she:

(a) forges or destroys a nomination paper or any other document relating to the registration of a voter;

(b) sells, offers for sale or purchases a ballot paper;

(c) is found in possession of an officially marked ballot paper if he is not designated to be in possession of such a ballot paper;

(d) destroys, takes or otherwise interferes with a ballot box or ballot paper intended to be used;

(e) prints a ballot paper without authority; and

(f) attempts to vote for somebody without proper authorization.

SANCTIONS

(a) a fine not exceeding 500 penalty units; or

(b) imprisonment not exceeding two years; or

(d) five-year disqualification.

OFFENCES RELATING TO CAMPAIGNING FOR VOTES:

SECTIONS 33 OF PNDCL 284

Bribery: section 33

A person commits the election offence of bribery under PNDCL 284, s 33 if that person directly or acting through another person:

(a) gives money or financially induces a person to vote or refrain from voting;

(b) makes a gift to or induces a voter to vote in a certain way; (c) if before or during an election that person directly or indirectly receives money, gift, a loan, etc to vote or refrain from voting in a particular way; and

(d) if after an election that person directly or indirectly receives money or

(e) valuable consideration as payment for voting or having refrained from voting in a particular way.

SANCTIONS

(a) a fine not exceeding 500 penalty units; or

(b) imprisonment not exceeding two years; or

(d) five year disqualification.

Treating: section 34 of PNDCL 284

A person commits an election offence of treating under section 34 of PNDCL 284: when ~ person corruptly pays wholly or in part the expenses of giving or providing meat, drink, entertainment or provision to or for any person or group of persons for purposes of influencing voting by that person or an account of that person having voted in a particular way.

SANCTIONS

(a) a fine not exceeding 50p penalty units; or (b) imprisonment not exceeding two years; or (c) both fine and imprisonment; and

(d) five-year disqualification:

Undue influence: section 35 of PNDCL 284 ,

The offence of undue influence is committed by threats of spiritual injury, damage, harm or loss to compel or induce a person from voting in a particular way or by abduction, duress or fraudulent method prevents the free exercise of the franchise of a voter.

SANCTIONS

(a) a fine not exceeding 500 penalty units; or

(b) imprisonment not exceeding two years; or

(d) five-year disqualification.

INTERFERENCES WITH ELECTIONEERING ACTIVITIES OF OTHER PERSONS: SECTION 36 OF PNDCL284:

(a) seeking to excite or promote disharmony, hatred ,or enmity against another person or group of persons by words, written or verbal, songs, etc;

(b) organizing persons or group of persons with the intention of training them in the use of force, violence, be it physical or verbal against other persons;

(d) compels or induces a candidate or voter from voting or withdrawing from election by threats of harm be it physical or spiritual.

SANCTIONS

(a) a fine not exceeding 500 penalty units; or

(b) imprisonment not exceeding two years; or

(d) five-year disqualification.

ACTIVITIES PROHIBITED ON POLLING DAY SECTION 37 OF PNDCL 284

(a) seeking to influence voting pattern in whatever manner within 500 meters of polling station.

(b) selling intoxicating liquor within 500 meters of a polling station.

SANCTIONS

(a) a fine not exceeding 200 penalty units; or

(b) imprisonment not exceeding twelve months; or (c) both a fine and imprisonment.

DEFACEMENT OF NOTICES: SECTION 38 OF PNDCL 284

A person commits an offence if without lawful excuse he destroys, defaces or removes a document exhibited under authority of the law.

SANCTIONS

(a) a fine not exceeding 200 penalty units; or (b) imprisonment not exceeding five months; or (c) both fine and imprisonment.

OBSTRUCTION OF OFFICERS: SECTION 40 OF PNCDL 284

A person commits an offence if he interferes or obstructs an electoral officer in the performance of his official duties.

SANCTIONS

(a) a fine not exceeding500 penalty units or (b) imprisonment not exceeding 2 years or (c) both a fine and imprisonment

PUBLICATION OF FALSE STATEMENT SECTION 39 OF PNDCL 284

A person commits an election offence if he:

(a) publishes or causes to be published of another person or a political party for the purpose of effecting or preventing the election of a candidate, words, written or spoken or even song which is false or has no reason to believe is true; or

(b) knowingly falsely publishes the withdrawal of another candidate from election.

SANCTIONS

(a) a fine not exceeding500 penalty units; or (b) imprisonment not exceeding two years; or (c) both a fine and imprisonment

UNAUTHORISED VOTING AND IMPERSONATION: SECTIONS 29 AND 32 OF PNDCL 284

A person commits an offence if:

(a) he votes at an election he is not eligible or entitled to vote by reason of disqualification or non qualification.

(b) engages in double voting

(d) votes for a person that is dead.

SANCTIONS

(a) a fine not exceeding 500 penalty units; or

(b) imprisonment not exceeding two years or both fine and

imprisonment;

(c) disqualification for a period of five years from date of expiration of term of imprisonment from being a registered voter or voting at an election

OFFENCES BY ELECTORAL OFFICERS: SECTION 30 OFPNDCL284

(a) making of false entries;

(b) permitting an un incapacitated person to vote in a manner reserved for incapacitated persons;

(d) preventing an otherwise qualified or eligible voter from exercising his franchise;

(e) willfully counting a ballot as being cast for a candidate when he knows it was not cast for that person; and

(f) fails to or acts in breach of official his duty

SANCTIONS

(a) a fine not exceeding500 penalty units or (b) imprisonment not exceeding two years or (c) both a fine and imprisonment

REQUIREMENT OF SECRECY SECTION 31 OF PNDCL 284

An electoral officer, clerk, candidate, agent, etc on duty at a polling station shall endeavour to maintain utmost secrecy and unless authorized by law shall not communicate certain information

A person present at the counting of votes shall:

(a) maintain secrecy of voting;

(b) not attempt to obtain information as to how a voter is voting or voted;

(d) not induce or compel a voter to disclose how a voter voted or whom he voted for; and

(e) a person who has assisted a blind man or any person incapacitated from voting by any physical cause shall not divulge any information about how his charge voted.