Tanzania
Elections Act, 1985
Chapter 343
- Published in Government Gazette on 31 December 1985
- Assented to on 3 April 1985
- Commenced on 10 May 1985
- [This is the version of this document at 31 July 2002.]
- [The publication date of this work could not be ascertained. We used the date 31 December 1985 because the work was published during the course of the year 1985.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
Chapter I
Preliminary
1. Short title and construction
2. Interpretation
3. Regulation, directions and notices
All regulations, directions and notices which the commission is empowered to make, issue or give, shall be deemed to have been validly made, issued or given, if they are made, issued or given under the signature of the Chairman of the Commission or the Director of Elections.4. Acts of Party
Where this Act requires any matter or thing to be done by an organ of the Party that matter or thing shall be done, subject to this Act in accordance with the constitution of the Party and any rules of the Party applicable which are not inconsistent with the constitution or the Act:Provided that where any member of an organ of the Party is a candidate in respect of whom that organ has a function under the Constitution or this Act, he shall not take part in the proceedings of that organ in the exercise of such functions.5. Polling districts
6. Director of Elections
7. Ex-ooficio assistant Returning Officer
Every City, Municipal or Town Director and every District Development Director shall, by virtue of such office and without further or other appointment under this Act, be an Assistant Returning Officer.8. Returning Officers and staff
9. Supervisory delegates
Chapter II
Registration of voters
Part I – Qualifications and disqualification for registering as voters and voting
10. Qualifications for registration
Every citizen of Tanzania who has attained the age of eighteen years shall, unless he is disqualified by this or any other Act, be entitled to be registered under and in accordance with the provisions of this Act as a voter.11. Disqualification from registration
12. Register of voters
13. Place and disqualification from voting
14. Change of name
A person registered as a voter whose name has been changed consequent upon marriage or otherwise since being so registered shall, if not disqualified from voting under section 13 be entitled to vote, under the name in which he is registered.Part II – Registration
15. Times of registration
16. Certificate of registration
17. Changes of residence
18. Certificate of registration lost, defaced or destroyed
19. Amendment of particulars
Where any of the particulars on a certificate of registration or in a register requires amendment by reason of a change of name or of any particulars other alteration in the circumstances affecting the person to whom it was issued, other than a change of residence from one polling district to another, the person to whom such certificate of registration, and the Returning Officer shall upon such application being made to him and upon being satisfied that the application is properly made and that the applicant remains qualified for registration, issue to the applicant a new certificate of registration:Provided that no new certificate of registration shall be issued under this section unless the applicant surrenders his certificate of registration or satisfies the Returning Officer that it is lost or destroyed and pays the prescribed fee, if any.20. Decalaration relating to lost or destroyed certificate of registration
Where, under the foregoing provisions of this Part, an application is made to a Returning Officer by a person who claims he has lost his certificate of registration issued to him or that such certificate of registration has been destroyed, the Returning Officer shall require the applicant to make a declaration in the prescribed form relating to such loss or destruction, and without prejudice to his power to refuse the application on other grounds, may refuse the application unless the applicant makes such a declaration.21. Refusal of approval
Where a Registration Officer refuses an application under the foregoing provisions of this Part, he shall, if so required by the applicant, give to the applicant a written statement in the prescribed form setting out the grounds of his refusal, and any applicant aggrieved by such refusal may, within twenty-one days after receipt by him of such statement, appeal against such refusal to a resident magistrate.Part III – Objections to registration or continued registration
22. Inspection of register
Any person may, on application made in that behalf to the Returning Officer or to the Director of Elections, inspect the register of any polling district on such day and at such time as the Returning Officer or, as the case may be, the Director of Elections, may appoint.23. Inclusion of name in a register
24. Objections
25. Procedure for making objections
26. Inquiry and determination by Registration Officer
27. Objector or person objected to may appeal
If any objector or person in regard to whom objection has been made is dissatisfied with the decision of the Returning Officer under section 26 he may, within twenty days from the date of such decision appeal therefrom to a resident magistrate.Part IV – Appeal and addition to or deletion from the register
28. Appeals to a Resident Magistrate
29. Provisions consequential to additions to or deletions from register under this part
Chapter III
Presidential elections
Part I – General
30. Meeting of National Executive Committee
Where a Presidential election is hold on a dissolution of Parliament, the meeting of the National Conference of the Party for the, nomination of the sole Presidential candidate shall, so far as is practicable and subject to the provisions of the Constitution, be held at the time of, or immediately before or immediately after, 9 meeting of the National Executive Committee of the Party held for the final nomination of candidates for parliamentary elections.31. Presidential election day
32. Persons entitled to vote at President elections
Part II – Election procedure
33. Supervision by Electoral Commission
The conduct of a Presidential election shall be subject to the direction and supervision of the Commission.34. Presidential election to be conducted in a manner similar to Parliament elections
35. Certification of vote and discretion of results
Chapter IV
Parliamentary elections
Part I – Qualification of candidates
36. Qualification of candidates for parliamentary elections
No person shall be qualified to be elected as a constituency member unless he is qualified to be so elected by and in accordance with the provisions of the Constitution.Part II – Primary nomination of candidate
37. Primary nomination day
38. Primary nominations of candidate
39. Candidate to be nominated for one seat only
No person shall be nominated as a candidate for election in more than one constituency.40. Objections to and decision as to validity of nomination paper
41. Procedure following primary nominations
Part V – Final nomination of candidates for parliamentary elections
[Please note: Part numbering as in original.]42. Application of Part II
This Part shall apply to parliamentary elections and—43. Approval and selection by National Executive Committee
44. One candidate only finally nominated
Where only one candidate is finally nominated for an election in a constituency, such candidate shall be deemed to be elected and the Commission shall, by notice in the Gazette, declare him to have been elected.45. Absence of candidates
If the National Executive Committee of the Party declines, in the exercise of the powers conferred on it by section 77 of the Constitution, to approve or select a candidate or candidates for a constituency on final nomination and there are, therefore, no candidates for the Constituency, the Commission shall, by notice in the Gazette, countermand the election and appoint some other convenient day not later than thirty days after such countermand, for the primary nomination of candidates for election in the constituency and the electoral procedure in that constituency shall be commenced afresh.Part IV – Election day
46. Two candidates finally nominated and election day
Where two candidates are finally nominated for election in a constituency, the Commission shall, by notice published in the Gazette, appoint a day not less than forty days not more than fifty days after the day on which they have been deemed to have been finally nominated, to be election day in the constituency:Provided that—47. Notice of Election
Part V – Withdrawal death and absence of candidates
48. Withdrawal of candidature
A candidate may withdraw his candidature by notice in writing signed and delivered by him to the Returning Officer not later than the time when he is finally nominated.49. Death of candidates
50. Absence of candidates
if after a primary nomination day by reason of death withdrawal or any other reason whatsoever, there are no candidates in a constituency, the Commission shall, by notice in the Gazette, countermand the election and appoint some other day not later than thirty days after such countermand for the primary nomination of candidates for election in the constituency, and the electoral procedure in that constituency shall be commenced afresh.Part VI – The election campaign
51. Campaign to be organized by Party
52. Supervision campaign
53. Symbols
54. Payments by candidates
Chapter V
Election and voting procedure
Part I – Election procedure
55. Polling days and times
In a contested election polling shall take place in each polling Polling district in the manner hereinafter prescribed on the day appointed for days and times polling in that polling district pursuant to the provisions of section 47.56. Arrangements for contested elections
The Returning Officer shall—57. Polling agent
58. Ballot boxes
59. Form of ballot paper
Every ballot paper Shall—60. Prohibition of disclosure of vote
No person who has voted at an election shall, in any legal proceeding to question the election return, be required to state for whom he voted:Provide that this section shall not apply in any legal proceedings in which the question whether a presiding officer acting under the provision of paragraph (b) or (c) of section 61 acted bona fide as in issue.Part II – Voting and counting procedure
61. Method of voting
The voting at an election shall be conducted in the following method of manner—62. Voting by supervisory delegate
63. Admission to polling station
64. Allegation of irregularities
65. Tendered ballot papers
66. Declaration by voters
67. Adjournment of polling case riot
68. Closing of the poll
If at the hour of the closing of the poll at any polling station there are voters present who have not had an opportunity to vote, the poll shall be kept upon a sufficient time to enable them to vote.69. Procedures on closing of the poll
70. Counting agents
71. Counting of votes
72. Persons who may be present
Except with the consent of the Returning officers, no person other than the Returning officer, Assistant Returning Officers, the enumerators the counting agents, such persons as may be authorized in writing by the Commission, the candidates and their counting agents may be present at the counting of votes.73. Method of counting votes
Before the Returning Officer and Assistant Returning Officers proceed to count the votes, they shall, in the presence of the counting agents, if any, open each ballot box and, taking out the ballot papers, shall count and record the total number thereof, and then mix together the whole of the papers contained in the ballot boxes.74. Votes which are not to be counted as ballot papers
75. Endorsements by Returning Officer
76. Rejected ballot papers
The Returning Officer shall prepare a statement showing the number of ballot papers rejected under the following heads—77. Equality of votes and recount in contested elections
78. Candidates or counting agent may required recount
79. Returning Officers decision final
The decision of the Returning Officer as to any question arising in respect of any ballot paper shall be final, and shall be subject to review only on an election petition questioning the election pursuant to Chapter VII of this Act.80. Returning Officer's duties of conclusion of counting
81. Decalaration of result
When the result of a contested election has been ascertained the Returning Officer shall—82. Custody of document
83. Power of polling assistants
A polling assistant may be authorized by the presiding officer to do any act or thing which the presiding officer is required or authorized to do at a polling station by this Act, except that he may not order the arrest of any person, or the exclusion or removal of any person from the polling station.84. Candidate has power of his polling agents or counting agent
A candidate may do any act or thing which the, polling agent may be authorized or required to do, and may assist the polling agent or counting agent in the doing of any such act or thing.85. Non-attendance of agents not to invalidate proceedings
Where in this Act, any act or thing is required or authorized to be done in the Presence of a polling agent or the counting agents of the candidates, the non-attendance of any such agent, or agents, at the time and place appointed for the purpose shall not, if the act or thing is otherwise properly done, invalidate the act or thing done.86. Where two or more elections held simultaneously
Where in the polling district the same day is appointed as the election day for the Presidential Election, a contested Parliamentary election—87. Equality of votes in Presidential election
Where in a presidential election there is an equality of votes for and against the Presidential candidate the Commission shall, by notice public shed in the Gazette, appoint some other convenient day for the Presidential election, and the electoral procedure for the Presidential election shall be commenced a fresh.Chapter VI
Offences
Part I – Offences relating to registration and nomination
88. Offences in relation to registration
89. Official discouragement of persons seeking nomination etc.
90. Offences in relation to register and certificates of registration
91. Offence in relation to nomination on paper or ballot papers
Part II – Other election offences
92. Miscellaneous offences
Any person who—93. Maintenance of secrecy of elections
94. Penalty for bribery, treating, etc.
Every person who is guilty of bribery, treating or undue influence shall be guilty of a corrupt practice and shall be liable on conviction to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding five years or to both such fine and imprisonment.95. Penalty for personation
Every person who is, guilty of personation or of aiding, abetting, counseling or procuring the commission of the offence or personation shall be guilty of a corrupt practice and shall be liable on conviction to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.96. Disqualifications entitled by
97. Persons to be deemed guilty of bribery
The following persons shall be deemed to be guilty of bribery within the meaning of this Act—98. Persons to be deemed guilty of treating
The following persons shall be deemed to be guilty of treating within the meaning of this Act—99. Persons to be deemed guilty of undue influence
Every person who, directly or indirectly, by himself or by any other person on his behalf, makes use of, or threatens to make use of, any force, violence or restraint, or inflicts or threatens to inflict by himself or any other person, any temporal or spiritual injury, damage, harm, or loss, upon or against any voter, in order to induce or compel such voter to vote or refrain from voting, or on account of such voter having voted or refrained from voting at any election or who, by abduction, duress or any fraudulent contrivance, impedes or prevent the free use of the vote by any voter either to give or refrain from giving his vote at any election shall be guilty of undue influence within the meaning of this Act.100. Bribery, treating and undue influence in relation to members of an organ of Party
101. Persons to be deemed guilty of personation
Every person who at any election—102. Penalty for persons guilty of certain corrupt and illegal practices
103. Interference with lawful public meeting to be an illegal practice
Any person who, at a lawful public meeting held in connection with the election of any person between the day of publication of the notice appointing, nomination day and the day on which the result of the election is published, acts or incites others to act in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together shall be guilty of an illegal practice and shall be liable on conviction to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.104. Display of emblems in vicinity of place of voting prohibited
105. Defacement of notice
Every person who, without lawful authority, destroys, mutilates, defaces or removes any notice which is exhibited under the authority of this Act or any document which is made available for inspection in accordance with the provisions of this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand shillings.106. Documents to bear name and address of printer and publisher
107. Persons convicted of corrupt or illegal practice to be removed from register Acts 190 No. 44 Acts 1966 No. 47
Chapter VII
Avoidance of elections and election petition
108. Avoidance of election on election position
109. When High Court held certain acts or commissions to be exempt
When it appears to the High Court either on application or upon an election petition—Chapter III
Procedure and jurisdiction of Court
[Please note: Part numbering as in original.]110. Petititon triable by High Court
111. Who may present petitions
An election petition may be presented by any one or more of the following persons, namely—112. Reliefs which may be claimed
All or any of the following reliefs to which a petitioner may be entitled may be claimed in an election petition, namely—113. Certificate of court as to validity of election
At the conclusion of the trial of an election petition, the court shall determine whether the member whose nomination or election is complained of, or any other and which person, was duly nominated or elected, or whether the election was void, and shall certify such determination to the Commission. Upon such certificate being given, such determination shall be final, and the election shall be confirmed or a new election shall be held, as the case may require, in accordance with such certificate.114. Report of court as to corrupt or illegal practice
115. Time for presentation of election petition
116. Votes to be struck off at a scrutiny
117. Rules of Court
The Chief Justice may make Rules of Court regulating the procedure and practice to be followed and prescribing the fees to be paid on and in relation to petitions and applications under this Part.118. Jurisdiction of resident magistrates
Chapter IX
Financial and miscellaneous
119. Inaccurate description
No misnomer or inaccurate description of any person or place named or described in any notice or other document whatsoever prepared or issued under or for the purposes of this Act shall in any way affect the operation of this Act shall in any way affect the operation of this Act as respects that person or place if that person or place is so designated in such register, notice or document as to be identifiable.120. Power of Director of Elections, Registration and Returning Officers to demand information
121. Remuneration of staff
A Returning Officer, the Director of Elections, supervisory delegate and other person employed under this Act, and for the purpose of the Act, shall, if not holding an office of employment in the service of the United Republic, receive such reasonable remuneration for the services as the Commission sees fit to authorize.122. Expenses to be charged on general revenue
All expenses incurred—123. Services of notices
A notice under this Act shall be deemed to have served on or given to any person—124. Regulations
125. Exemption from stamp duty
Any instrument made on oath or affirmation pursuant to the provisions of this Act in the form prescribed shall be exempt from payment of stamp duty under any written law for the time being in force relating to stamp duties.126. Direction
The Commission may, subject to the provisions of this Act, issues directions of a general or a specific character in relation to the function of Returning Officers, Registration Officer and other persons employed or any of the purposes of the Act:Provided that, no such direction shall be inconsistent with any provision of this Act or of regulation made under section 124.127. Replacement of registers, etc.
Where, in the opinion of the Director of Elections, it is necessary to replace any register of voters for any reason whatsoever, it shall be lawful for him to direct that such register he replaced by a new register.Chapter X
Repeal and transitional provisions
128.
The Elections Act, 1970 is repealed.129.
Notwithstanding the repeal of the Elections Act, 1970—History of this document
31 July 2002 this version
Consolidation
31 December 1985
10 May 1985
Commenced
03 April 1985
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Election Complaints Rules, 1990 | Government Notice 418 of 1990 |
Kanuni za Mashauri ya Uchaguzi wa Kitaifa, 2020 | Government Notice 934 of 2020 |
National Elections (Election Petitions) Rules, 2010 | Government Notice 447 of 2010 |
National Elections (Election Petitions) Rules, 2020 | Government Notice 782 of 2020 |
Tangazo la Kuchaguliwa kwa Wagombea Pekee wa Ubunge katika Uchaguzi Mkuu wa Mwaka 2020 | Government Notice 917 of 2020 |
Cited documents 0
Documents citing this one 7
Judgment 5
Law Reform Report 1
1. | Report of the Commission on Law of Marriage Act, 1971 (No.5 of 1971} |
Legislation 1
1. | Election Complaints Rules, 1990 |