Related documents
- Is amended by Parliamentary Elections (Amendment) Act, 2006
- Is amended by Parliamentary Elections (Amendment) Act, 2010
- Is amended by Parliamentary Elections (Amendment) Act, 2015
- Is amended by Parliamentary Elections (Amendment) Act, 2020
Uganda
Parliamentary Elections Act, 2005
Act 17 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 as it was from 1 October 2015 to 3 December 2015.]
- [Amended by Parliamentary Elections (Amendment) Act, 2006 (Act 1 of 2006) on 5 January 2006]
- [Amended by Parliamentary Elections (Amendment) Act, 2010 (Act 12 of 2010) on 25 June 2010]
- [Amended by Parliamentary Elections (Amendment) Act, 2015 (Act 15 of 2015) on 1 October 2015]
Part I – Preliminary
1. Interpretation
Part II – Parliamentary elections generally
2. Election of members of Parliament
3. By-elections
Part III – Qualifications, disqualifications, tenure of office and right of recall
4. Qualifications and disqualifications of members of Parliament
5. Forgery of certificate of academic qualification
Part IV – Information to returning officers and secrecy
6. Information to be given to returning officers
7. Secrecy required of election officers and others
Part V – District, city women representatives and special interest groups
8. District or city women representatives and special interest groups
Part VI – Nomination of candidates for election as Members of Parliament
9. Appointment of nomination days
10. Sponsorship of candidates by political organisations or political parties
Under the multiparty political system, nomination of candidates may be made by a 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.11. Procedure for the nomination of candidates
12. Factors which do not invalidate nomination paper
13. Factors which may invalidate a nomination
A person shall not be regarded as duly nominated for a constituency and the nomination paper of any person shall be regarded as void if—14. Where no candidate or where one candidate is nominated
15. Inspection of nomination papers and lodging of complaints
Any voter registered on the voters roll of a constituency may—16. Right to complain to the Commission upon rejection of nomination paper
Where a nomination paper of a person has been rejected or has been regarded as void by virtue of section 13—17. Allocation of symbols and colours
18. Commission to appoint polling day and tallying places
19. Withdrawal of candidates
19A. Withdrawal of candidates for election
Where 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 4 of Act 12 of 2010]Part VII – Campaigning
20. Campaign programmes
21. Protection and immunity of candidates
22. Rights of candidates
23. Non-sectarian campaign
24. Interference with electioneering activities of other persons
A person who, before or during an election, for the purpose of effecting or preventing the election of a candidate either directly or indirectly—25. Use of Government resources
26. Where a candidate dies
Part VIII – Voting and voting procedure
27. Distribution of election materials
Within forty-eight hours before polling day, every returning officer shall furnish each presiding officer in the district with—28. Publication of list of polling stations and candidates
28A. Packing and dispatch of election materials
29. Polling stations and voting time
30. Polling and polling procedure
31. A person not to vote more than once
32. Polling agents of candidates
33. No delay in voting
34. Procedure for handing ballot paper to voter
35. Where a voter spoils ballot paper
A voter who has inadvertently dealt with the ballot paper delivered to him or her under paragraph (a) of subsection (5) of section 30 in such a manner that it has become impracticable to use it, shall return it to the presiding officer who shall—36. Where two voters appear under same name
37. Assistance to illiterate voters and others with disability
38. Special procedure for voting for persons in institutions and operation areas
39. Factors which may not prevent a person from voting
40. Returning officers to have powers of justice of the peace
41. Presiding officer to appoint election constables
42. Arms and ammunition prohibited at polling stations
43. Loud speakers prohibited at polling stations
44. Limitation on campaign period and on display of emblems etc. on polling day
45. Interruption and postponement of polling
46. Complaints at polling
Part IX – Counting of votes and announcement of results
47. Votes to be counted at each polling station
48. Complaints during the counting of votes
49. Votes to be treated as invalid
50. Declaration of results forms
51. Collection of results
52. Safe keeping of election materials and records
53. Tallying of results by the returning officer
54. Cases of mandatory recount
55. Application to Chief Magistrate for a recount
56. Recovery of costs of recount
57. Interruption or postponement of counting, tallying or recounting
58. Declaration of winning candidate
59. Declaration of results and reports by the Commission
Part X – Election petitions
60. Who may present election petition
61. Grounds for setting aside election
62. Notice of petition to be served on respondent
Notice in writing of the presentation of petition accompanied by a copy of the petition shall, within seven days after the filing of the petition, be served by the petitioner on the respondent or respondents, as the case may be.63. Trial of election petitions
64. Witnesses in election petitions
65. Withdrawal of election petitions
66. Appeals
67. Petition to abate on death of petitioner
An election petition shall abate at the death of the sole petitioner or of all the petitioners.Part XI – Illegal practices
68. Bribery
69. Procuring prohibited persons to vote
A person who votes or induces or procures any person to vote at an election, knowing that he or she or that person is prohibited by law from voting at that election, commits an illegal practice.70. Publication of false statements as to illness, death or withdrawal of candidate
A 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 her candidate knowing that statement to be false or not knowing or believing it on reasonable grounds to be true, commits an illegal practice.71. Obstruction of voters
A 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.72. Penalty for illegal practices, under section 68(5) or (6) or (8), 69, 70 and 71
A person who commits an illegal practice under section 68(5) or (6) or (8) or 69, 70 or 71 commits an offence and is liable to a fine not exceeding forty eight currency points or imprisonment not exceeding two years or both.[section 72 amended by section 16 of Act 12 of 2010]Part XII – Other election offences
73. False statements concerning character of candidates
74. Misconduct at campaign meetings
75. Failure by presiding officers to furnish election returns
A 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 to imprisonment not exceeding one year or both.76. Offences relating to voting
A person who—77. Unauthorised voting or voting more than once
A person who knowingly—78. Making wrong returns of an election
An election officer, or other person having any duty to perform in relation to an election who—79. Personation
80. Offence of undue influence
81. Prohibition of certain activities on polling day
82. Defacement of notice and posters
83. Obstruction of election officers
A 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 both.Part XIII – General
84. Tenure of office of members of Parliament
85. Right and procedure of recall
86. Determination of questions of membership
87. Prior consent of the D.P.P to prosecute
88. Time within which criminal proceedings must be commenced
Proceedings 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.89. A person not to be required to divulge how he or she voted
A person who has voted at an election shall not, 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.90. Penalty for interruption
A 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.91. Service of notices and documents
92. When appointed dates fall on weekend or public holiday
Whenever 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.93. Rules of court
94. Saving in respect of vacation of office
Where as a result of the final determination of an election petition or a petition under section 86, the seat of any member of Parliament becomes vacant, the determination of the petition shall not invalidate anything done by that person, during the period preceding the determination, in the purported exercise of the functions of the office of that person.95. Postponement of vacation of office
96. Commission to supervise other elections
The Commission shall have power to oversee and supervise and if requested by the Minister, conduct any election under any enactment preliminary to or directly or indirectly related to any election held or to be held under this Act for the purposes of article 78(1)(c) of the Constitution.97. Publication in media
Whenever 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.98. Minister’s power to amend First Schedule
The Minister may, by statutory instrument, with the approval of the Cabinet, amend the First Schedule to this Act.99. Modification of Act pursuant to change in political system under article 74
100. Regulations
101. Repeal and savings
History of this document
04 September 2020 amendment not yet applied
27 July 2020 amendment not yet applied
04 December 2015 amendment not yet applied
01 October 2015 this version
25 June 2010
05 January 2006
21 November 2005
16 November 2005
Assented to