Senate Injects Electronic Voting Into Electoral Law Ahead 2019

Senate Thursday passed into law provision for electronic voting in all elections in the country.

The Red Chamber also striped President, Governors of power by blocking Political appointees from voting during party’s primary election.

The senate decision was sequel to consideration of report of Senate Committee on INEC presented by Senator Abubakar Kyari to Senate.

The Federal lawmakers in considering the report, blocked political appointees from political party’s congress, primaries and convention.‎

‎The amended act reads:

“Section 52 of the principal Act is amended by: 

(a) substituting for subsection (2), a new subsection “(2)”, 

“(2) The Commission shall adopt electronic voting in all elections or any other method of voting as may be determined by the Commission from time to time. ” 

JUSTIFICATION: 

This amendment mandates e-voting without ambiguity but also give the Commission discretion to use other methods if it is impracticable to use e-voting in any election. 

‎”Section 8 of the Principal Act is amended by inserting after subsection (4), a new subsection “(5)”, as follows: 

“(5) A person, who being a member of a political party, misrepresents himself by not disclosing his membership, affiliation, or connection to any political party in order to secure an appointment with the Commission in any capacity, commits an offence and shall be liable, on conviction, to imprisonment for at least five (5) years or a fine of at least N5,000,000, or both. ” 

JUSTIFICATION: 

“(a)This new insertion is fraudulently gaining access into the Commission as staff or appointee in pursuit of partisan interests. 

“b. It imposes a duty on persons seeking to be engaged in the Commission in any capacity to make full disclosure of their political interests or affiliations (if any) to the Commission. 

(b) inserting, after subsection (1), a new subsection “(1A)” 

“(1A ) Upon displaying or publishing the voters register in accordance with this section, the Commission shall accept and consider objections and complaints in relation to the names omitted or included in the voters’ register or in relation to any necessary correction, within 14 days of publishing the voters register in accordance with this section.”; and 

(b) inserting after subsection (3), a new subsection “(4)”, as follows: 

“(4) Failure to display or publish the voters’ register as provided under subsection (1 ) of this section shall constitute an offence for which any official or staff of the Commission responsible for such default shall be guilty and liable, on conviction, to imprisonment for a term of 6 months or a fine of N100,000 or both” 

JUSTIFICATION: 

This insertion imposes greater responsibility on officials of the Commission to ensure the integrity of the voters’ register before an election. 

(b) inserting after subsection (2), a new subsection “(3)”, as follows: 

“(3) If after the commencement of poll and before the announcement of the final result and declaration of a winner, a nominated candidate dies, (a) the Commission shall, being satisfied . of the fact of the death, suspend the election for a period not exceeding 21 days; 

(b) the political party whose candidate died may, if it intends to continue to participate in the election, conduct a fresh direct primary within 14 days of the death of its candidate and submit a new candidate to the Commission to replace the dead candidate; and 

(c) subject to paragraphs (a) and (b) of this subsection, the Commission shall continue with the election, announce the final result and declare a winner.” 

b. The new insertion [section (3)] fills a lacuna in the law ‘which was recently made manifest in Kogi State where a candidate died before the final result of the governorship election was announced. 

Also, it satisfies section 141 of the 

Principal Act on the effect of nonparticipation in all stages of an election by disallowing political parties from substituting a deceased candidate with a running mate who had not participated all stages of an election, including primary. 

Section 43 of the Principal Act is amended by inserting after subsection (4), new subsections “(4A)”, “(4B)”, and “(4C)”, as follows: 

“(4A ) Polling Agents who are in attendance at a polling unit, shall be entitled, before the commencement of the election, to have originals of electoral materials, including ballot papers, result sheets, ballot papers’ account and verification documents and other electoral forms to be used by the Commission for the election inspected; and this process may be recorded in writing, on video or by other means by any Polling Agent, accredited observer or official of the Commission.