Presidential Elections Act, 2005
Act 16 of 2005
- Published in Uganda Gazette 74 on 21 November 2005
- Assented to on 16 November 2005
- Commenced on 21 November 2005
- [This is the version of this document from 27 July 2020.]
- [Amended by Presidential Elections (Amendment) Act, 2010 (Act 14 of 2010) on 25 June 2010]
- [Amended by Presidential Elections (Amendment) Act, 2015 (Act 14 of 2015) on 1 October 2015]
- [Amended by Presidential Elections (Amendment) Act, 2020 (Act 11 of 2020) on 27 July 2020]
Part I – Preliminary
Part II – Mode of election and qualifications for election of President
2. Election of President
3. Aspirant consultations
4. Qualifications for candidates
5. Forgery of certificate of academic qualification
Part III – Information to returning officers and secrecy
6. Information to be given to returning officers
7. Secrecy required of election officers and others
Part IV – Nomination of candidates for election as President
8. Appointment of nomination days
9. Sponsorship of candidates by political organisation or political partyUnder the multiparty political system, nomination of candidates may be made by a registered political organisation or political party sponsoring a candidate or by a candidate standing for election as an independent candidate without being sponsored by a political organisation or political party.
10. Procedure of nomination
11. Factors which may invalidate a nominationA person shall not be regarded as duly nominated and the nomination paper of any person shall be regarded as void if—
12. Payment of depositThe deposit payable under section 10 shall be received by the Commission which shall issue a general receipt in respect of the deposit.
13. Inspection of nomination papers and lodging of complaintsA registered voter may—
14. Right to complain to Commission upon rejection of nomination paperWhere a nomination paper of a person has been rejected or has been regarded as void by virtue of section 10—
15. Allocation of symbols and colours
16. Commission to appoint polling day and tallying places
17. Withdrawal of candidates
18. Where a candidate dies etc.
19. Declaration of unopposed candidate elected
19A. Withdrawal of candidates for electionWhere, as a result of withdrawal of other candidates for election, there remains only one candidate, the returning officer shall immediately declare the remaining candidate elected unopposed.[section 19A inserted by section 6 of Act 14 of 2010]
20. False declarationsA person who makes a false declaration under section 10 (6) (a) which that person knows to be false in a material particular or has no reasonable ground to believe to be true, commits an offence and is on conviction liable to a fine not exceeding twenty four currency points or imprisonment not exceeding one year or both.
Part V – Campaigning
21. Time and manner of campaigns; candidate meetings programme
22. Security, protection and facilitation of candidates
23. Equal treatment, freedom of expression and access to information of candidates
24. Rights of candidates
25. Non-sectarian campaign
26. Interference with electioneering activities of other personsA person who, before or during an election for the purpose of effecting or preventing the election of a candidate either directly or indirectly—
27. Use of Government resources
Part VI – Voting and voting procedure
28. Distribution of election materialsWithin forty-eight hours before polling day, every returning officer shall furnish each presiding officer in the district with—
28A. Packing and dispatch of election materials
29. Publication of polling stations and candidates
30. Polling stations and voting time
31. Polling and polling procedure
32. A person not to vote more than once
33. Polling agents of candidates
34. No delay in voting
35. Procedure for handing ballot paper to voter
36. Where a voter spoils ballot paperA voter who has inadvertently dealt with the ballot paper delivered to him or her under section 31(5)(a) in such a manner that it has become impracticable to use it, shall return it to the presiding officer who shall—
37. Where two voters appear under the same name
38. Assistance to illiterate voters and other voters with disability
39. Special procedure for voting of persons in restricted areas
40. Factors which may not prevent a person from voting
41. Returning officer to have powers of justice of the peace
42. Presiding officer to appoint election constables
43. Arms and ammunition prohibited
44. Loud speakers prohibited at polling stations
45. Limitation on campaign period and on display of emblems etc., on polling day
46. Interruption and postponement of polling
47. Complaints at polling
Part VII – Counting of votes and announcement of results
48. Votes to be counted at each polling station
49. Complaints during the counting of votes
50. Votes to be treated as invalid
51. Declaration of results forms
52. Collection of results
53. Safekeeping of election materials and records
54. Tallying of results by returning officer
55. Interruption and postponement of counting or tallying
56. Returning officer to transmit return and documents to Commission
57. Declaration of results of presidential election
58. Assumption of office of elected President
Part VIII – Challenging presidential election
59. Challenging presidential election
60. Witnesses in election petition
61. Withdrawal of election petition
62. Petition to abate on death of petitionerAn election petition shall abate at the death of the sole petitioner or of all the petitioners.
63. Saving in respect of vacation of officeWhere as a result of the determination of an election petition the election of a person as President is set aside, the determination shall not invalidate anything done by that person prior to the determination, in the purported exercise of the functions of the office of President.
Part IX – Illegal practices
65. Procuring prohibited persons to voteA person who votes or induces or procures any person to vote at an election, knowing that that person is prohibited by law from voting at that election, commits an illegal practice.
66. Publication of false statements as to illness, death or withdrawal of candidateA person who, before or during an election, publishes a false statement of the illness, death or withdrawal of a candidate at that election for the purpose of promoting or procuring the election of another candidate knowing that statement to be false or not knowing or believing it on reasonable grounds to be true, commits an illegal practice.
67. Obstruction of votersA person who, at an election, or on nomination days, wilfully obstructs a voter, or an aspiring candidate either at the polling station or nomination centre or on his or her way to or from, the polling station, or nomination centre, commits an illegal practice.
Part X – Other election offences
69. False statements concerning character of candidates
70. Misconduct at candidates’ meetings
71. Failure by presiding officers to furnish election returnsA presiding officer who fails without lawful excuse to furnish the returns of the election to the returning officer within the time in which that person is required to furnish those returns commits an offence and is liable on conviction to a fine not exceeding twenty four currency points or imprisonment not exceeding one year or both.
72. Offences relating to votingA person who—
73. Unauthorised voting or voting more than onceA person who knowingly—
74. Making wrong returns of an electionAn election officer, or other person having any duty to perform in relation to an election who—
76. Offence of undue influence
77. Prohibition of certain activities on polling day
78. Defacement of notices and posters
79. Obstruction of election officersA person who wilfully obstructs or interferes with an election officer in the execution of the officer’s duty commits an offence and is liable on conviction to a fine not exceeding seventy two currency points or imprisonment not exceeding three years or to both.
79A. Involvement of a public officer in a political campaign
Part XI – General
80. Prior consent of the Director of Public Prosecutions to prosecute
81. Time within which criminal proceedings must be commencedProceedings against a person in respect of any offence under this Act shall be commenced within three months after the offence which is alleged to have been committed or within one month after a court finds, on trial of a petition, that an offence may have been committed.
82. A person not to be required to divulge how he or she votedNo person who has voted at an election shall in any legal proceedings, whether taken to question the election or return or otherwise, be required to state for whom he or she has voted.
83. Penalty for interruptionA person who wilfully interrupts, obstructs or disturbs any proceeding taken under this Act in connection with an election, or disturbs the peace and good order of any such proceedings, commits an offence and is liable on conviction to a fine not exceeding twenty four currency points or imprisonment not exceeding one year or both.
84. Service of notice and documents
85. When appointed dates fall on weekend or public holidayWhenever under this Act anything is required to be commenced, concluded or done on a particular day, and that day happens to fall upon a Saturday or Sunday or public holiday, that thing shall be commenced, concluded or done on the day next succeeding the Sunday or public holiday or, if the last mentioned day is also a Saturday or Sunday or a public holiday, then on the day next succeeding the Sunday or public holiday.
86. Publications in mediaWhenever any matter is required to be published in the Gazette, it shall also as soon as practicable, be published in a newspaper circulating in the relevant area.
87. Modification of Act pursuant to change in political system under article 74
89. Power of Minister to amend First ScheduleThe Minister may, with the approval of the Cabinet, by statutory instrument, amend the First Schedule to this Act.
90. Repeal and saving
History of this document
27 July 2020 this version
Amended by Presidential Elections (Amendment) Act, 2020
16 November 2005
Cited documents 0
Documents citing this one 29
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