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National Elections (Presidential and Parliamentary) Regulations, 2010

Government Notice 279 of 2010

National Elections (Presidential and Parliamentary) Regulations, 2010
Citation
Government Notice 279 of 2010
Primary work
National Elections Act
Date
13 August 2010
Language
English
Type
Government Notice
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Tanzania
National Elections Act

National Elections (Presidential and Parliamentary) Regulations, 2010

Government Notice 279 of 2010

[Made under section 124]

Part I – Preliminary provisios

1. Citation

These Regulations may be cited as the National Elections (Presidential and Parliamentary) Regulations, 2010 and shall come into operation on the date or publication in the Gazette.

2. Interpretation

In these Regulations, unless the context otherwise requires—“Act” means The National Elections Act;[Cap 343]"Candidate" means a person who submits himself for Presidential election or election to the National Assembly;"Commission" means the National Electoral Commission established under Article 74 or the Constitution;[Cap 2]"Constituency" means a constituency for the purposes of election to the National Assembly;"Constitution" means the Constitution of the United Republic or Tanzania, 1977;“Council” means a City Council, Municipal Council, Town Council or a District Council as the case may be;"Director of Elections" means the Director of Elections appointed under the Act and includes a person for the time being performing any of the functions on his behalf;"election" means:(a)in the case of an election of the President, the Presidential election;(b)in the case of an election to the National Assembly, a Parliamentary election and includes a by-election;"election day" means a day appointed for election under the Act and includes a day appointed for a by-election;"election observation" means the observation of the various stages of the electoral process by an observer duly accredited for that purpose, by the Commission;"election officer" includes a public officer, a temporary employee and an employee on contract terms working with the Commission;"electoral staff" includes a Regional Elections Coordinator, a Returning Officer, an Assistant Returning Officer, a Presiding Officer, a Polling assistant and a Direction Clerk;“Ministry” means the Ministry responsible for Regional Administration and Local government;"nomination" means nomination as a candidate for Presidential election or election to the National Assembly and includes declaration of a Member of Parliament for Women Special Seats;"nominating authority" means—(a)In the case or Presidential candidate nomination, National Electoral Commission; and(b)in the case of Parliamentary candidate nomination, the Returning Officer;"nomination day" means a day appointed by the Commission under the Act for the nomination of candidates;"observer" means a Local or International observer and includes individual observer organization or a government;"Partial Results" means the results of an election from polling station or constituencies before addition of all votes;"Political Party" means a Political Party registered under the Political Parties Act;[Cap 258]“Political Party Agent” means a person appointed by a candidate or a Political Party pursuant to the provision of the Act to represent and safeguard the interests of the candidate or the Political Party during Polling counting and addition of votes;“Register” means the Permanent National Voters' Register established and maintained in accordance with the Act;“Registrar” means the Registrar of Political Parties appointed under the Political Parties Act and includes a deputy and an assistant registrar;[Cap 258]“Tactile ballot folder” means a device used to facilitate voting by a blind person;"voter's card" means a card issued under the Act signifying that a person named in such a card has been registered as a voter;"Voter's education" means dissemination of information relating to the electoral process and procedures;"Woman Candidate" means a woman candidate for nomination to a Parliamentary special seat under Article 78 of the Constitution.[Cap 2]

Part II – Voter’s education

3. Provision and co-ordination of voter’s education

The Commission shall be responsible for providing voter education, coordinating and supervising all persons involved in the provision of voter’s education.

4. Approval of voter education materials

(1)No person shall provide voter education without the prior approval of the Commission.
(2)Any person who wishes to conduct voter education using materials relating to electoral process and procedures, shall before using such materials, submit the same to the Commission for scrutiny.
(3)The Commission may, upon satisfaction with the contents of the materials submitted to it for scrutiny, approve the materials.
(4)Where the Commission does not approve the materials, it shall return the materials to the concerned person and may direct the correction of the materials.
(5)Where the Commission approves the materials, it shall grant permission in writing to use the materials for conducting voter education.

5. Voter education materials

(1)For the purposes of this Part, voter education materials include brochures, posters, leaflets, booklets, radio programs, cultural dances, songs, drama, television programs and any other materials containing information related to voter's education.
(2)All the materials referred to in Sub-regulation (1) shall state the names and addresses of the author, printer and publisher.

6. Contravention

Any person who contravenes the regulations under this Part shall be barred by the Commission to conduct voter's education.

Part III – Constituencies and polling districts

7. Constituencies

(1)The Commission shall, pursuant to Article 75 of the Constitution, divide the United Republic into Constituencies for the purpose of Parliamentary elections.
(2)Subject to the provisions of Sub-regulation (1), the Commission shall, in dividing the United Republic take, into consideration the criteria and procedures prescribed under the Third Schedule to these Regulations.

8. Division of a constituency into polling districts

(1)Subject to the provisions or the Act, the Commission shall divide every constituency into polling districts and publish a notice in the Gazette specifying such polling districts.
(2)The boundaries of a polling district shall be within a ward established under the Local Government (District Authorities) Act and the local Government (Urban Authorities) Act.
[Cap. 287 and 288]

9. Alteration of boundaries of a polling district or a constituency

(1)The Commission may alter the number or area of polling districts or as the case may be, a constituency, whenever circumstances arise affecting the existing boundaries or a polling district or a constituency.
(2)The circumstances affecting the existing boundaries or a polling district or a constituency include—
(a)establishment of a new region an administrative district a council or a ward.
(b)alteration of the boundaries or the existing region an administrative district, a council or a ward;
(c)abolition or a region an administrative district a council or a ward;
(3)The Commission may by notice published in the Gazette make alteration on the existing boundaries of a constituency or a polling district pursuant to sub-regulation (2).

Part IV – Appointent and training of election staff

10. Appointment of Regional Election Coordinator

(1)The Commission may, at any time during election and subject to the provisions of the Act, appoint in writing a public officer to be a Regional Elections Coordinator who shall be responsible for coordination of election process activities in a region.
(2)Notwithstanding Sub-regulation (1), the Commission may appoint from amongst public officers a Regional Elections Coordinator for more than one region.
(3)The letter of appointment under Sub-regulation (1), shall contain—
(a)the date of commencement, of duties and tenure or office or the Regional Elections Coordinator;
(b)the terms and conditions of services or the Regional Elections Coordinator; and
(c)any other directives as may be determined by the Commission or the Director or Elections.
(4)A person appointed as a Regional Elections Coordinator under this Regulation, shall within fourteen days after receiving the letter or appointment, confirm to the Director or Elections in writing of his acceptance of the appointment.
(5)The Commission may where the appointed Regional Elections Coordinator fails to submit a letter of acceptance within I4 days from the date of appointment, appoint another public officer to be a Regional Elections Coordinator.

11. Returning Officers

(1)Subject to the Act, there shall be Returning Officers who shall be responsible for conducting, coordinating and supervising elections in constituencies.
(2)The Commission shall at any time before an election inform the Returning Officer in writing—
(a)the date of commencement or duties and tenure of office
(b)the terms and conditions of his duty; and
(c)any other directives as may be determined by the Commission or the Director of Elections.

12. Replacement of Returning Officers

(1)Notwithstanding Regulation 11, the Commission may, where it is satisfied that the Returning Officer is for whatever reason incapable of performing his duty, revoke his appointment and inform him in writing.
(2)Where the Commission revokes the appointment of the Returning Officer pursuant to Sub-regulation (1), it shall—
(a)appoint another public officer to be a Returning Officer; and
(b)inform in writing the Returning Officer duly appointed.
(3)The letter of appointment of the Returning Officer under Sub-regulation (2), shall contain—
(a)the date of commencement, of duties and tenure of office;
(b)terms and conditions of service; and
(c)any other directives as may be determined by the Commission or the Director of Elections.
(4)The appointed Returning Officer shall, within fourteen days after receiving, the letter of appointment, confirm to the Director of Elections in writing of his acceptance of the appointment.

13. Appointment of Assistant Returning Officers

(1)Subject to the Act, the Commission shall appoint in writing Assistant Returning Officers from amongst public officers, to assist the Returning Officer in supervising and coordinating the conduct of elections at the headquarters of a constituency and in a ward.
(2)The letter of appointment for the Assistant Returning Officer under Sub-regulation (1), shall contain—
(a)the date of commencement, of duties and tenure of office;
(b)the terms and conditions of service; and
(c)any other directives as may be determined by the Commission or the Director of Elections.
(3)The appointed Assistant Returning Officer shall, within fourteen days after receiving, the letter of appointment, confirm to the Director of Elections in writing, of his acceptance of the appointment.
(4)Where the appointed Assistant Returning Officer without good cause fails to comply with the provisions of Sub-regulation (3) the Commission shall appoint another public of officer to be an Assistant Returning officer.
(5)The Assistant Returning Officer appointed under this regulation, shall perform his duties under the supervision or the Returning Officer.

14. Appointment of Presiding Officers, Polling Assistants and Direction Clerks

(1)Subject to the provisions or Sub-regulation (2), and the directives issued by the Commission or the Director or Elections every Returning Officer shall, for the purposes or election, appoint in writing, Presiding Officers, Polling Assistants and Direction Clerks.
(2)The Commission shall determine the number or Presiding Officers or Polling assistants or Direction Clerks required for every polling station.
(3)Any person appointed under this Regulation shall be required to sign a contract of employment with the Returning Officer in Form No. 11 as prescribed under the First Schedule to these Regulations.
(4)Every Presiding Officer shall be the officer in-charge or a polling station.
(5)Subject to the provisions of the Act these Regulations, and directives issued by the Commission or Director or elections every Presiding Officer, Polling Assistant or Direction Clerk appointed under Sub-regulation (1), shall perform his duties under the supervision of the Returning Officer or as the case may be, an Assistant Returning Officer.

15. Procedure for appointment

(1)The Returning officer shall, in appointing Presiding Officers Polling assistants or Direction Clerks—
(a)advertise posts inviting qualified persons to apply;
(b)shortlist names of applicants and display such names at the Office of the Returning Officer or any other public office within the constituency; and
(c)interview the applicants.
(2)The Returning Officer, shall immediately after ­conducting an interview under Sub-regulation (1), appoint the qualified applicants as Presiding Officers, Polling Assistants or Direction Clerks.

16. Oath of secrecy and declaration

(1)Every Regional Elections Coordinator, a Returning Officer and an Assistant Returning Officer shall, before assuming their duties—
(a)take an oath of secrecy before a Magistrate as prescribed in Form No, 6 of the First Schedule; and
(b)make a declaration before a Magistrate or a Commissioner for Oaths that he is not a member or any Political Party or that he has withdrawn his membership from a Political Party as prescribed in Form No. 7 or the First Schedule to these Regulations.
(2)Every Presiding Officer and a Polling Assistant shall before assuming their duties take an oath of secrecy in Form No. 6.

17. Training of electoral staff

(1)The Commission shall, at any time after the appointment of Regional Elections Coordinator, Returning Officers and Assistant Returning Officers at the constituency headquarters and before election, provide them with training on the electoral laws, processes, and procedures.
(2)The Returning Officer shall, subject to the directives of the Commission or Director or Elections, conduct training to Assistant Returning Officers at the ward level, Presiding Officers, Polling Assistants and Direction Clerks on the electoral laws processes and procedures.

Part V – Election observation

18. Invitation and accreditation

Before the Election processes commence, the Government through the Ministry responsible for Foreign Affairs may extend invitations to International observers to participate as election observers, upon accreditation.

19. Duration of observation

(1)The election observation shall commence from the date of accreditation to the date indicated on the observer's Accreditation Identity Card issued under the provisions or Sub-regulation (5).
(2)The sponsoring organizations and governments shall notify the National Electoral Commission of their intention and plans to send Local and International observer teams.
(3)Every observer, organization or government on behalf of the observer shall apply to the Commission for accreditation.
(4)Upon receiving applications for accreditation, the Commission may accept or refuse the application if it deems appropriate to do so.
(5)Where the Commission accepts the application, it shall issue an Accreditation Identity Card to the applicant.
(6)Where the Commission refuses the application, it shall inform the applicant in writing.

20. Disqualification for accreditation

An election observer shall be disqualified for accreditation if he fails to adhere to—
(a)the Code of Conduct of Election for Observers;
(b)the Electoral Laws of the United Republic;
(c)Immigration laws and procedures of United Republic; and
(d)any other written laws of the United Republic.

21. Information and briefing

The National Electoral Commission shall provide to the observers—
(a)information on Electoral Laws, electoral processes and procedures applicable in the United Republic;
(b)a List of Regions, Councils, Constituencies, Polling Districts, Wards and Polling Stations;
(c)a list of registered Political Parties participating in the election; and
(d)any other related information which the Commission may deem necessary.

22. Rights of Observers and Prohibition

(1)Subject to the Act and any other written laws, the election observers shall have the right to—
(a)request for and obtain reasonable information on activities relating to the electoral process;
(b)observe all stages of the electoral process;
(c)have freedom of movement throughout the United Republic except restricted areas; and
(d)communicate with Political Parties.
(2)It is prohibited for Observers to use any Information and Communication Technology facilities such as cellular phones, cameras, tape recorders, pagers, video cameras and two way radios inside the polling stations.

23. Reporting by Observer

(1)Every observer shall report any irregularity noted in the electoral process to the Commission or to any electoral staff.
(2)Subject to the provisions of Regulation (24), every election observer shall, at the end of election observation, prepare and submit to the Commission his observation report.
(3)The observation report under Sub-regulation (2) shall contain—
(a)particulars of the observer; and
(b)Findings and recommendations.

24. Guidelines for observers

The Commission may make Guidelines which shall provide for the conducts of the election observers during the election process.

Part VI – Nomination, subscription of the Electoral Code of Conduct, withdrawal death or absence of candidates and election campaigns

A. Nomination of candidates and subscription to the Electoral Code of Conduct

25. Nomina­tion forms

(1)Subject to Sub-regulation (3), any person who is a member of a Political Party and is proposed by the Political Party to be a candidate in election shall be required to complete nomination form in four copies and submit such forms to the respective nominating authority.
(2)The nomination form under this regulation shall be as prescribed in the First Schedule to these Regulations.
(3)A proposed candidate of each Political Party shall before obtaining a nomination form, Submit a letter of Introduction from his respective Political Party to the nominating authority.
(4)The Commission shall specify the date for issuing nomination forms to proposed candidates.

26. Collection of nomination forms

A candidate or a voter on behalf of the candidate may collect nomination forms from the nominating authority.

27. Submission of nomination forms

A candidate for Presidential or Parliamentary election shall submit his nomination form to the respective nominating authorities on the nomination day.

27A. Subscription to the Electoral Code of Conduct

(1)Subject to the provisions of the Act, the National Electoral Commission shall prepare the Electoral Code of Conduct.
(2)The Electoral Code of Conduct prepared under Sub-regulation (1) shall be subscribed to by every Political Party, the Government and the National Electoral Commission in a manner prescribed in the Electoral Code of Conduct.
(3)Every Candidate shall subscribe to the Electoral Code of Conduct in prescribed Form No. 10.
(4)Every Candidate shall collect Form No. 10 from the Director of Elections or Returning Officer or Assistant Returning Officer as the case may be together with the Nomination Forms.
(5)Form No. 10 shall be returned to the Director of Elections or Returning Officer or Assistant Returning Officer as the case may be on nomination day and shall form part of the Nomination Form.
(6)Where a Candidate fails to fill Form No. 10, an objection may be lodged in accordance with the provisions of the Act to the Commission, Returning Officer or Assistant Returning Officer as the case may be against such Candidate.
(7)The Commission, after determination of the objection under Sub-regulation (6) may disqualify the Candidate from participating in the election.

28. Nomination for Presidential election

(1)Any person who wishes to contest for Presidential election shall submit to the Commission, a letter of introduction from the Secretary General of the respective Political Party and the Commission shall issue Form No. 8A as prescribed in the First Schedule to these Regulations.
(2)The nomination form for Presidential election candidates shall contain the following—
(a)personal particulars of the candidate;
(b)Declaration of a candidate that he qualifies to stand as a candidate for Presidential election;
(c)certification by the Secretary General of the Political Party certifying that the candidate is a member of and sponsored by the Political Party;
(d)declaration, names and registration numbers of registered voters nominating the Candidate;
(e)a statutory declaration of candidate;
(f)certification by the Commission that a candidate qualifies to be nominated.
(3)Subject to the provisions of section 33 of the Act, a candidate for Presidential election shall, on submitting the nomination form to the Commission, attach four recent colored passport size photographs and deposit with the Commission a sum of one million shillings as Security.
(4)The Commission shall, upon being satisfied that a candidate qualifies to be nominated, certify the nomination of the candidate in Form No. 8A.

29. Display of nomination forms for Presidential election

The Commission shall display copies of the nomination forms of Presidential and Vice-Presidential candidates who have been nominated on the notice board of the Commission’s Office for twenty four hours after nomination.

30. Objection against nomination for Presidential election and determination

(1)An objection against the nomination of a Presidential or Vice Presidential candidate may be lodged by another candidate the Director of Elections or the Registrar of Political Parties.
(2)Objection raised by the Registrar or Political Parties shall be subjected to the procedures laid down tinder the Act and these Regulations.
(3)Subject to Sub-regulation (1), a person who objects, against the nomination of any Presidential or Vice-Presidential candidate shall lodge his objection to the Commission at any time within twenty four hours after the nomination of the candidate's.
(4)An objection shall be lodged to the Commission in the prescribed Form No. 9 in the First Schedule to these Regulations stating the following—
(a)particulars of the objector;
(b)particulars of the objected candidate;
(c)the grounds for objection; and
(d)the signature of the objector.
(5)The Commission shall, before determining on the validity of an objection with the least possible delay—
(a)notify in writing the person against whom the objection is made; and
(b)avail such person an opportunity to be heard.
(6)Where the Commission decides on any objection it shall inform in writing the parties concerned or its decision and reasons for the decision and the decision of the Commission shall be final and conclusive.
(7)Where the Commission has accepted the objection against a candidate, it shall delete the name of such candidate from the list of nominated candidates.
[Act No. 6 of 2010]

31. Nomination for Parliamentary election and unopposed candidate

(1)Any person who wishes to contest for Parliamentary election shall submit to the Returning Officer a letter of introduction from a Regional or District Secretary of his Political Party and obtain from the Returning Officer nomination Form No. 8B as prescribed in the First Schedule to these Regulations.
(2)The nomination form for Parliamentary election shall contain—
(a)personal particulars of the candidate;
(b)Declaration of a candidate that he qualifies to stand as a candidate in parliamentary election;
(c)certification from the Regional or District office of the Secretary of a Political Party that the candidate is a member and sponsored by a Political Party;
(d)declaration, names and registration numbers of voters nominating a candidate;
(e)a statutory declaration of the candidate;
(f)Certification by the Returning Officer that the candidate qualities to be nominated.
(3)Subject to the provisions of the Act, a candidate for parliamentary election shall, on submitting nomination forms to the Returning Officer attach recent four colored passport size photographs and deposit with the Returning Officer a sum of fifty thousand shillings.
(4)The Returning Officer shall, upon being satisfied that the candidate qualifies to be nominated, certify in Form No. 8B.
(5)Subject to the provisions of the Act, where only one candidate is nominated in a constituency such candidate shall be deemed to be duly elected and shall assume office upon oath as a member of Parliament.

32. Display of nomination forms for parliamentary elections

The Returning Officer shall display copies of the nomination forms of even candidate who has been nominated on the notice board of the Constituency office for twenty four hours after nomination.

33. Objection on nomination form against nomination of Parliamentary candidate

(1)The Director of Elections, Registrar of Political Parties, Returning Officer or a candidate for Parliamentary election in the Constituency may subject to the provision of the Act, lodge an objection against the nomination of any Parliamentary candidate.
(2)Subject to Sub-regulation (1) any person other than the Returning Officer who objects against the nomination of a Parliamentary candidate may at any time within twenty four hours after nomination, lodge the objection in writing to the Returning Officer.
(3)Where the Returning Officer makes an objection on his own motion subject to Sub-regulation (1), he shall, before making any finding, inform the candidate concerned in writing and after making a finding on the objection he shall refer such findings to the Commission.
(4)
An objection made under Sub-Regulation (2) shall he lodged to the Returning Officer in the prescribed Form No. 9B of the First Schedule to these Regulations which shall contain—
(a)particulars of the objector;
(b)particulars or the objected candidate;
(c)the grounds for objection; and
(d)the signature or the objector.
(2)A Returning Officer shall, immediately after receiving the objection from the objector and before deciding the validity of an objection:
(a)Notify in writing a person against whom the objection is made; and
(b)Avail such person an opportunity to be heard.
(3)Where a Returning Officer determines on any objection under Sub-regulation (5) be shall inform in writing the parties concerned or his decision and reasons for the decision thereof.
(4)Where a Returning Officer has accepted the objection against a candidate be shall delete the name of such candidate from the list or nominated candidates.
[Cap. 343]

34. Appeals

(1)Any person who is aggrieved by the decision of the Returning Officer under Regulation 33, may appeal to the commission within twenty four hours from the time of' the decision or such further period as the Commission may allow.
(2)The appeal lo the Commission under Sub-regulation (1) shall be made in Form No. 12 as prescribed in the First Schedule to these Regulations.
(3)Form No. 12 stipulated under Sub-regulation (2) shall contain:
(a)particulars of the appellant;
(b)name of the constituency;
(c)date and time of submitting the appeal;
(d)the grounds of appeal; and
(e)the signature of the appellant.
(4)The appellant shall obtain the Appeal Form No. 12 from the Returning Officer.
(5)Subject to Sub-regulation (4) the appellant shall submit the appeal to the Returning Officer who shall receive the same on behalf of the Commission.
(6)The Returning Officer shall, immediately after receiving the appeal under Sub-regulation (5) attach form no. 8B and 9B and any other documentary evidence necessary to the appeal and forward the appeal to the Commission.

35. Determination of appeals

(1)Subject to regulation 34, the Commission may, before determination of any appeal, summon any person to testify or require information or clarification from such person in respect of the appeal.
(2)The absence of any person summoned by the Commission under Sub-Regulation (1) at the appointed time and place shall not stop, delay or invalidate the proceedings or the decision of the Commission.
(3)The Commission may in determining any appeal, reject or accept the appeal.
(4)Where the Commission determines an appeal under Sub-regulation (3) the Commission shall either reinstate or remove the name of the candidate concerned from the list of nominated candidates.
(5)The Commission shall, alter the determination of any appeal under this Regulation inform the parties in writing of its decision and reasons for the decision.
(6)Subject to the provisions of the Act, the decision made by the Commission under this regulation shall be final and conclusive and shall not be challenged in any court, except by way of an election petition pursuant to the provisions of the Act.

35A. Objections by Registrar of Political Parties and appeals to the objections

(1)Where a Political Party or a candidate fails to comply with the provisions of Section 9 and 20 of the Election Expenses Act the Registrar shall make objection to—
(a)the National Electoral Commission where the objection concerns a Presidential candidate;
(b)Returning Officer, where the objection concerns a Parliamentary candidate.
(2)The procedures to be followed in determination of objections raised by the Registrar and their appeals thereafter shall be the procedures stipulated in these Regulations for determination of objections of nomination forms except that the objection by the Registrar shall he lodged from fourteen days after nomination day.[Act No. 6 of 2010 and the Act]

B. Withdrawal, death or absence of candidates

36. Withdrawal of candidate

Where a candidate withdraws his candidature after nomination day under the provisions of the Act, no Political Party shall nominate a substitute candidate.

37. Death of a candidate

Where a Parliamentary election is countermanded for the reason of death of the candidate pursuant to the provisions of the Act, the Returning Officer shall immediately inform the Commission.

38. Absence of candidate

Where a Parliamentary election is countermanded for the reasons of absence of a candidate pursuant to the provisions of the Act, the Returning Officer shall immediately inform the Commission.

C. Election campaigns

39. Campaign period

(1)The campaign period shall be the whole period commencing immediately after the nomination of candidates up to the day immediately preceding Election Day.
(2)Subject to Sub-regulation (1) the time for conducting campaign meetings shall be from 8.00 o'clock in the morning to 6.00 o’clock in the evening.
(3)Each Political Party or a candidate involved in any election shall comply with the coordinated program for campaign meetings.
(4)Notwithstanding Sub-regulations (2) and (3) the coordinated program shall not apply to door to door canvassing.

40. Coordinated campaign program for presidential election

(1)The Director of Elections shall before the beginning or Presidential election campaigns, require each Political Party concerned to submit to him the proposed schedule or campaign meetings which the party intends to hold for the purpose of election.
(2)Subject to Sub-regulation (1) the Political Parties which intend to participate in the Presidential election shall submit their proposed schedule or campaign meetings seven days before the nomination day.
(3)The proposed schedule of campaign meetings shall specify date, time, and region and district where such meetings will be conducted.
(4)The Director of Elections shall after receiving the schedules from each Political Party under Sub-regulation (1) convene a meeting or all Political Parties or candidates concerned in order to prepare a coordinated program or campaign meetings.
(5)After preparing a coordinated program under Sub-regulation (2) the Director of Elections shall distribute copies to the following—
(a)all Political Parties involved in Presidential election;
(b)Regional Elections Coordinators;
(c)Returning Officers;
(d)the Regional Commissioner; and
(e)the Inspector General or Police for the purpose of providing security.

41. Changes in the coordinated programme for presidential election

(1)Where any Political Party intends to change the campaign venue or schedule, it shall inform the Director of Elections in writing stating the proposed changes and reasons and the Director of Elections shall before determination convene a meeting of Political Parties or candidates concerned and agree on the matter.
(2)Subject to Sub-regulation (1), Where the coordinated campaign program requires to be amended the Director of Elections shall amend it accordingly and inform Political Parties concerned and officials stated under Regulation 40 (5).

42. Coordinated campaign programme for Parliamentary election

(1)The Returning Officer shall before the beginning of Parliamentary election campaigns require each Political Party concerned to submit to him the proposed schedule of campaign meetings which the party intends to hold for the purpose of election.
(2)Subject to Sub-regulation (1) the Political Parties which intend to participate in the election shall submit their proposed schedule or campaign meetings seven days before the nomination day.
(3)The proposed schedule of campaign meetings shall specify dates, times and places where such meetings will be conducted.
(4)The Returning Officer shall after receiving the proposed schedules of campaign meetings from each Political Party under Sub-regulation (1) convene a meeting of all Political Parties or candidates concerned in order to discuss and agree on a coordinated program or campaign meetings.
(5)After preparing a coordinated program of campaign meetings under Sub-regulation (2), the Returning officer shall distribute copies to—
(a)political parties involved in Parliamentary election in the constituency;
(b)the District Commissioner; and
(c)The Police Officer Commanding District tor the purposes or providing security during campaign meetings.

43. Coordinated programme to constitute sufficient notice

The coordinated program shall be binding to all candidates and Political Parties and shall constitute sufficient notice of proposed meetings for the purposes or Political Parties Act and the police Force and Auxiliary Services Act.[Caps 258 and 322]

44. Change of coordinated campaign program in Parliamentary election

(1)Where any Political Party intends to change its campaign venue or schedule, it shall immediately inform the Returning Officer in writing stating reasons for the proposed changes and the Returning Officer shall before determination, convene a meeting or Political Parties concerned to discuss and agree on the changes.
(2)Where the Parliamentary election campaign schedule interferes or collides with the coordinated campaign program for Presidential election in the constituency, the Returning officer shall immediately convene a meeting with Political Parties for the Purposes of making necessary amendments to the coordinated Campaign program for Parliamentary election.
(3)Where in pursuance or Sub-regulations (2) and (3) a coordinated campaign program requires to be amended the Returning Officer shall amend it accordingly and notify Political Parties concerned, District Commissioner and Police officer Commanding District.

Part VII – Election day, votes counting, addition of votes and declaration of results

A. Election day and voting

45 Election day

The Election day shall be specified by the Commission as provided for under the Act.

46. Revocation and appointment of another polling day

(1)Where before polling day, an event occurs which prevents an election to take place in a constituency on the appointed day the Returning Officer shall immediately inform the Commission and the Commission shall revoke the originally appointed day and appoint another election day for that particular constituency.
(2)Where on the Election Day, an election fails to be conducted in the constituency the Returning Officer shall immediately inform the Commission which shall appoint another election day in respect or the particular constituency.

47. Notice of election

(1)Each Returning Officer shall issue a notice or election in the constituency eight days before Election Day.
(2)The notice or election under Sub-regulation (1) shall be displayed in a conspicuous place at the constituency offices and outside the Polling station and shall contain—
(a)the date and times for commencement and close of poll;
(b)the address of each polling station in the constituency;
(c)the names and registration numbers of voters assigned to each polling station; and
(d)the full names, a recent photograph of the candidate and acronym of logo of the Political Party sponsoring the candidate.

47A. Polling stations

(1)The registration centers established by the Commission shall be used as polling stations.
(2)The Commission shall inform the Returning Officer the number of polling stations in a Polling District and the number of voters’ allocated to each polling station.
(3)Every Returning Officer shall within fourteen days before polling day or such other period to be directed by the Commission, issue to candidate candidates or Political Parties name and address of polling stations.

48. Polling agents

(1)For the purposes of Sub-regulation (2), a Returning Officer shall within fourteen days before polling day or such other period to be directed by the Commission, issue to candidates or Political Parties names and addresses of polling stations.
(2)Each Political Party involved in an election, shall subject to the provisions of the Act and not later than seven days before Election Day, inform in writing the Returning Officer the names and addresses of polling agents and their respective polling stations.
(3)The Returning Officer shall after receiving the information under Sub-regulation (2) inform the Presiding Officers or polling assistants the polling agents authorized to be at each polling station.
(4)Even polling agent shall before assuming duty take an oath of secrecy in the prescribed form No. 6 of the first Schedule to these Regulations three days before polling day.
(5)No polling agent shall be allowed to be at the polling station without having taken an oath of secrecy.

49. Polling agents for Presidential elections

(1)Each Political Party sponsoring a Presidential candidate may, after consultation with the candidate, appoint a polling agent for each polling station.
(2)Notwithstanding Sub-regulation (1), where a Political Party has already appointed a polling agent in respect of a polling station for Presidential election, the Political Party shall not appoint another polling agent for the same polling station within the constituency where there is a Parliamentary candidate or a Councilor candidate of the same party contesting an election.

50. Distribution and custody of election equipment and materials

(1)All the election equipment and materials shall be supplied by the Commission to the Returning Officer, and the commission or the Director of Elections shall issue directives relating to utilization, distribution and sale custody of such election equipment and materials.
(2)The Returning Officer or Assistant Returning Officer shall, not later than one day before the date of polling, distribute or cause to the distributed election equipment and materials to each Presiding officer.
(3)Subject to Sub-regulation (1), distribution of election equipment and materials under this regulation shall be issued in writing and all the election equipment and materials shall he kept in safe custody by the Presiding officer.

51. Satisfaction or dissatisfaction of polling agents on preparation of voting

(1)Where any polling agent is satisfied with the preparation of the polling station shall before the commencement of voting state in Form No. 14 as prescribed under the first Schedule to these Regulations.
(2)Where any polling agent is dissatisfied with the preparation of polling station shall before the commencement of the voting make a complaint in Form No. 14 to the Presiding Officer or Polling Assistant as the case may be and the Presiding Officer or Polling Assistant shall make a determination and indicate on the same form the manner in which he has dealt with the matter.

52. Dissatisfaction of a voter on voting process

Where any voter who has already voted, is not satisfied with the conduct of voting, he shall register his complaint in form No. 15 as prescribed under the first Schedule to these Regulations and the Presiding officer shall determine the matter and indicate on the same Form the manner in which he has dealt with the complaint or dissatisfaction.

53. Voting by a blind voter

Without prejudice to the provisions of the Act, where a blind voter wants to vote at any election and upon satisfaction by the Presiding officer or polling assistant that the blind voter’s name appears in the register and that the voter has been assigned to vote at such polling station and if the voter requests insert a ballot paper into tactile ballot folder and deliver to such voter.

54. Voter's finger to be marked with indelible ink

Every voter in the polling station after inserting the ballot paper into the relevant ballot box shall proceed to cause his finger to be marked with indelible ink before leaving the polling station.

55. Voting by polling agents electoral staff and candidates

(1)A registered voter in any polling, district employed as a polling agent an electoral staff or a person responsible for maintaining security at the polling station other than at the polling, station allocated to him may by Form No. 18 as prescribed under the First Schedule In these Regulations be authorized by the Returning Officer to vote at any other polling station in the polling district.
(2)Where a registered voter in the constituency is a candidate and wishes to vote at a polling station not allocated to him, the Returning officer may by Form No. 19 as prescribed under the First Schedule to these Regulation authorize such candidate to vote at a specified polling, station in the constituency.

56. Ballot paper count

(1)The Presiding Officer shall before and after completion of voting record the ballot paper count in Form No. 13 as prescribed under the First Schedule to these Regulations indicating—
(a)ballot papers issued to him by the Returning Officer;
(b)used ballot papers;
(c)spoilt ballot papers; and
(d)Unused ballot papers.
(2)Subject to Sub-regulation (1), the ballot paper count Form No. 13, shall be submitted to the Returning Officer.

57. Adjournment of polling

(1)Where on the polling day, polling is interrupted or obstructed by riot or open violence, the Presiding officer or, as the case may be a polling assistant shall—
(a)where there remains voters in the register who have not completed voting, adjourn polling until next day and the polling station shall be opened for same polling hour as the original polling day; and
(b)Where all voters in the register have completed voting, the polling process shall be deemed to have been completed.
(2)Where polling is adjourned under Sub-regulation (1), the Presiding Officer shall immediately inform the Returning Officer or, as the case may be, the Assistant Returning Officer and the Returning Officer shall inform the Commission.

B. Votes counting, addition and declaration of results

58. Votes counting

The Presiding officer shall, soon after the close of the poll and in the presence of counting agents or alternate counting agents, count all votes at the polling station.

59. Satisfaction or dissatisfaction of counting agents or candidates

Where any polling agent is satisfied or dissatisfied with the counting of votes shall complete Form No. l6 as prescribed under the First Schedule to these Regulations and the Presiding officer or as the case may be a polling assistant shall make a determination and indicate on the same Form the manner in which he has dealt with the matter.

60. Polling station election results and report of Presiding officer

(1)The Presiding officer at the polling station shall, after counting all votes under this Regulation record election results for the polling station in respect of Presidential election and Parliamentary election in Forms Nos. 21A and 21B as prescribed under the First Schedule to these Regulations respectively.
(2)The election results forms for each election shall be signed by the Presiding officer or as the case may be a polling assistant and polling agents or candidate and every agent or candidate shall he given a copy of the results.
(3)The Presiding Officer after the conclusion or counting exercise shall prepare a polling station report in Form No. 20 as prescribed under the First Schedule to these Regulations.
(4)The Presiding officer or polling assistant shall submit to the Returning Officer or, as the case may be the Assistant Returning Officer in the rolling district the following—
(a)polling station election results in Forms Nos. 21A and 21B;
(b)a polling station report in Form No. 20 which shall include—
(i)completed Forms Nos. 15 and 16 containing satisfaction or dissatisfaction or polling agents or candidates and in the case of dissatisfaction, the manner in which the matter was dealt with;
(ii)a voters' declaration, if any, made in Form No. 17 as prescribed under the First Schedule to these Regulations;
(iii)Form No.14 containing voter's complaint, if any, regarding the polling process and the manner in which it was dealt with;
(iv)the unused Forms Nos. 14, 15, 16 and 17;
(v)the ballot paper count Form No. 13;
(vi)the counterfoils or ballot papers;
(vii)unused or spoilt ballot papers if any;
(viii)Register of Voters;
(ix)Certificate authorizing electoral staff, polling agents (Form No. 18) or candidates (Form No. 19) to vote at the polling station if any;
(c)the ballot boxes containing votes; and
(d)any other election equipment and materials entrusted to him for the purposes of polling exercise.

61. Notice of addition of votes

The Returning Officer shall after receiving election result from all polling stations within the constituency, notify in writing Political Parties or candidates as to the date, time and venue for addition of all votes cast.

62. Determination of disputed votes

(1)Subject to the provisions of the Act, the Returning Officer or Assistant Returning Officer as the case may be, shall determine validity or disputed votes before the addition of votes and record the result in Part B of Forms Nos. 2IA and 21 B respectively indicating number of disputed votes acquired by each candidate and cause the forms to be signed by candidates or Political Parties' agents if present.
(2)The Returning Officer or an Assistant Returning Officer as the case may be, shall issue to each candidate or his agent a copy of part B or Forms Nos. 21A and 21B.

63. Addition of votes

(1)Subject to Regulation 61 the Returning. Officer shall conduct the addition of votes from all polling stations within a constituency in the presence of candidates or agents of political parties if any.
(2)A candidate or person appointed to be an agent shall not be allowed to be present at the addition of votes unless he has taken an oath or secrecy.

64. Partial Presidential election results

(1)The Returning Officer shall after the addition of votes for presidential election—
(a)record the partial results of the Presidential election in the constituency in Form No. 24A as prescribed under the First Schedule to these Regulations;
(b)issue to every candidate or his agent a copy or Form No.24A;
(c)display a copy or Form No. 21A at the notice board of constituency offices; and
(d)immediately submit to the Commission the partial results or the Presidential election in the constituency in the prescribed forms.
(2)For the purposes of these regulations, partial results means Presidential election results of a particular constituency.

65. Announcement of Partial Presidential election results by the Commission

(1)The commission shall, after receiving Partial Presidential election results submitted to it under Regulation 64, and upon verification, announce results of Presidential election for that constituency.
(2)The commission shall, after receiving partial results for Presidential election from all constituencies, notify in writing Political Parties or candidates concerned as to the date, time and venue for addition of votes.
(3)Subject to this Regulation the Commission shall add together all the respective totals of partial results for each candidate submitted to it by the Returning Officers.
(4)The Commission shall, after addition of partial election results under Sub-regulation (3)—
(a)record the Presidential election results in Form No. 27 as prescribed under the First Schedule of these Regulations;
(b)declare a candidate for whom the majority or valid votes have been cast to be an elected President;
(c)issue to every candidate or his agent a copy of Form No. 27; and
(d)display a copy of Form No. 27 on the notice board or the Commission offices.
(5)The Commission shall immediately after the declaration of results under this Regulation issue a certificate as prescribed under the Third Schedule to these Regulations to the elected candidate indicating—
(a)full names of the elected candidate;
(b)date of election;
(c)the title acquired by the elected candidate; and
(d)the signature of the chairman or Vice chairman of the commission.
(6)The Commission shall publish the Presidential election results in the Gazette.
[Cap 343]

66. Declaration of Parliamentary election results

(1)The Returning Officer shall after the addition of votes from all polling stations in the constituency—
(a)record the election results in Form No. 24B as prescribed under the First Schedule to these Regulations and sign the Form;
(b)require the candidates or their agents if any, to sign Form No.24B;
(c)issue to every present candidate or his agent a copy of election results recorded in Form No. 24B;
(d)declare a candidate for whom the majority of valid votes have been cast to be an elected candidate in the constituency; and
(e)display a copy of results recorded in Form No. 24B on the notice board of the constituency offices.
(2)The Returning Officer shall immediately after declaration of results under Sub-regulation (1), issue to an elected candidate a certificate of election as prescribed under the Second Schedule to these Regulations.
(3)The certificate of election under Sub-regulation (2) shall contain—
(a)the full names of the elected candidate;
(b)the date of election;
(c)title acquired by the elected candidate; and
(d)the signature of the Returning Officer.
(4)The Returning Officer shall, after the declaration of results at the constituency, forward the results to the Commission and the commission shall cause the results to be published in the Gazette.

Part VIII – Declaration of members of parliament for Women Special Seats

67. Women Special Seats

(1)Subject to the provisions of the Act every Political Party which contests Parliamentary elections held after the dissolution of the National Assembly may propose and submit to the Commission names of eligible women candidates for nomination of Members of Parliament for Women Special Seats.
(2)Candidates whose names have been submitted to the Commission under Sub-regulation (1) shall be subjected to the provisions of the Election Expenses Act of 2010.[Act No 6 of 2010]
(3)Every woman candidate whose name has been presented to the Commission under Sub-regulation (1) shall be required to till the nomination form No. 8D as prescribed under the first Schedule to these Regulations obtained from the Commission or the Returning Officer.
(4)Form No. 8D shall contain the following—
(a)personal particulars of the woman candidate;
(b)statutory declaration of the woman candidate;
(c)certification by the Political Party that the woman candidate is a member of, and is sponsored by the Political Party; and
(5)After declaration of women candidate the commission shall publish in the Gazette the names of Members of Parliament for Women Special Seats.

Part IX – Miscellaneous

68. Absence or refusal to sign by Political Parties’ agents or candidates

The absence or refusal to sign by Political Parties’ agents or a candidate at the appointed time and place of Polling, counting and addition of votes shall not stop, delay or invalidate the election process.

69. Disburse­ment of funds and statement of expendi­ture

(1)The Director of Elections shall disburse funds to Regional Elections Coordinators and Returning Officers for the purpose of facilitating the conduct of elections.
(2)The expenditure of funds for election by the Returning Officer shall be in accordance with the Government financial Regulations and directives of the Director of Elections.
(3)Every Regional Elections Coordinator or Returning Officer shall immediately after finalizing all the electoral activities and in not more than two months after declaration of results, prepare and submit to the Director of Elections the statement of expenditure in respect of finds disbursed to him for the purposes of conducting elections.

70. Safe custody of election equipment and materials

Subject to the Act, the Public Procurement Act, and directives of the Director of Elections, every Regional Elections Coordinator or a Returning Officer shall, after the finalization of election, keep in safe custody the remaining or unused electoral equipment and materials which were handed over to him for the purposes of elections.[Cap 410]

71. Discipli­nary and legal measures

(1)Where the Regional Elections Coordinator or a Returning Officer fails to comply with regulations 69 and 70, the Director of Elections shall request the Ministry to take disciplinary measures against such officer.
(2)Notwithstanding Sub-regulation (1), the Commission shall not be precluded from taking any other legal measures against such officer, whenever it deems appropriate.

72. Other election procedures

In these Regulations, the Commission, election officers, electoral staff, candidates and Political Parties shall, observe the provisions of the Constitution, the Act and other directives made by the Commission for any other electoral processes which are not covered under these Regulations.

73. Offences and penalties

Any person, who contravenes the provisions of these Regulations, commits an offence and shall be proceeded against under the Act.

74. Forms

The forms to be used in each electoral process other than those provided for under these Regulation shall be as Prescribed in the First and Second Schedules to these Regulations.

Schedule

Forms

[Editorial note: The forms have not been reproduced. Please refer to the publication document.]

Second Schedule (Made Under Regulation 66 (2) of the Presidential and Parliamentary Elections Regulations, 2010)

Certificate of election for Member of Parliament

Prof/. Dr. / Mr. /Mrs. / Miss __________________________ of Party By virtue of section 81 (b) of the Elections Act. Cap 292 you have been elected as the Member of Parliament in ____________ constituency of________________ District in the elections held on ____________ day of________ 20______.________________________Returning Officer/Assistant Returning Officer

Third Schedule (Under regulation 7(21))

(Constituency boundary delimination) Constituencies demarcation for the purpose of parliamentary elections

Part I – The criteria for constituencies demarcation

1.Subject to the Constitution and the Act the Commission shall be responsible for demarcating the United Republic into constituencies.
2.In demarcating constituencies' boundaries, the Commission shall take into consideration the constitutional criteria and other criteria.

A. Constitutional criteria

In exercising its duty of demarcating constituencies’ boundaries, the National Electoral commission shall take into account the various criteria provided in the Constitution of United Republic of Tanzania, 1977 namely: availability of means of communication, population and geographical conditions of the intended areas for demarcation.

B: Other criteria to be considered by the commission include

(i)Population QuotaThis is the total number of population in the country dividing by the total number of current constituencies. This criterion will take into account the difference of population between the urban and Rural areas.
(ii)The economic status of the constituencyThe economic status of the constituency concerned will be determined by looking on the number or percentage of people living below the poverty line and the revenue collection of a particular constituency.
(iii)The size of area of a constituencyA constituency which has a large area coverage may be considered to be divided compared to the constituency which has small area coverage.
(iv)Administrative boundariesIn demarcating the constituency the Commission shall take into consideration the existing administrative boundaries.
(v)A constituency not to cut across two Districts or CouncilsThis criterion shall be taken into account in order to avoid a political representative to represent two different District or Councils at the same time.
(vi)A ward not to cut across two constituenciesThis criteria shall be taken into consideration to avoid a councilor not to represent one ward in two different constituencies.
(vii)The existing pattern of human settlementThis criterion shall consider the arrangement of human settlement in the area concerned.
(viii)Union environmentThe united Republic of Tanzania is the Union of two parts. Tanganyika and Zanzibar thus in demarcating the constituencies the environmental uniqueness of these two parts will be taken into consideration.
(ix)The capacity of Parliamentary building to accommodate Members of ParliamentBefore the demarcation process starts, the Commission shall take into account the capacity or Parliamentary building to accommodate Members of the Parliament.
(x)Special seats for women in the National AssemblyIn deciding whether to increase the number of constituencies the commission shall take into consideration the number of special seats for women in the National Assembly.

Part II – Classification of critera for constituncies boundary

All criteria provided under Part I of this Schedule shall be grouped into three categories as follows—

(A) – Category A

This category shall include criteria which shall be given Preference scales and ranking depending on availability of data, these Criteria are:—
(i)Population
(ii)Means of Communication
(iii)The economic status of a constituency; and
(iv)Area size.

(B) – Category B

Criteria which shall not be given Preference scales and ranking—
(i)Administrative borders;
(ii)The Constituency not to crossing two District Councils;
(iii)A ward not to cut across two constituencies;
(iv)Population quota;
(v)The union environment;
(vi)The Capacity of the Parliamentary building to accommodate members of Parliament; and
(vii)The number of Special Seats For women in the National Assembly.

(C) – Category C

The criteria which the Commission will consult stakeholders or will use its experience are—
1.Geographical conditions; and
2.The existing pattern of human settlement.

Part III – Formula for determining preference scale and ranking

The commission may make a formula and assign preference scales and ranking to each criteria.

Part IV – Procedures for submission of applications/recommendations for constituencies demarcation

The following Procedures shall he followed in submitting applications recommendations for Constituencies demarcation:
(a)Applications recommendations shall he presented to District Municipal City Town Director of the representative: Council and be discussed in the official meetings.
(b)The District/Municipal/City/Town Director shall present such deliberation to Regional Administrative Secretary (RAS).
(c)The Regional Administrative Secretary shall present such deliberations to the Regional Consultative Committee for further discussions.
(d)The Regional Administrative Secretary IRAS) shall present/submit such recommendations to the National Electoral Commission.
(e)The deadline of submitting application/recommendation to National Electoral Commission will be determined by the Commission.

Part IV – The role of the Commission

The electoral Commission, as the authority empowered by the constitution and the laws of the land to demarcate the boundaries of constituencies and electoral areas has to see to it that:
(i)it is neutral, objective and non partisan in its approach to the demarcation exercise;
(ii)the appropriate rules and regulations are applied in its demarcation exercises;
(iii)the needed resources are procured and applied affectively;
(iv)the staff who under take the exercise are well trained and adequately intoxicated in order to prevent the incidence of bias;
(v)the exercise is well monitored and coordinated;
(vi)data collected from the held exercise is well processed and stored;
(vii)the necessary consultation are made with stakeholders including Political Parties and Public at large;
(viii)the newly drawn electoral boundaries are put into effect.
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13 August 2010 this version
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09 August 2010
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