Presidential Elections Act, 1993

• Permanent Page URL

General provisions as to agents.

34.—(1) A candidate at an election (referred to subsequently in this section as “a candidate”) or the election agent of the candidate may appoint agents to be present on the candidate's behalf at the ascertainment of the result of the election.

(2) A candidate or the election agent or local agent of the candidate for the constituency concerned may appoint agents to be present on the candidate's behalf—

(a) at the issue of ballot papers to postal voters,

(b) at the opening of the postal ballot boxes, and

(c) at the counting of the votes.

(3) Subject to the provisions of subsection (4) the number of agents who may be appointed to be present on behalf of a candidate shall be fixed—

(a) in the case of agents appointed to be present at the ascertainment of the result of the election, by the presidential returning officer, and

(b) in the case of any other agents appointed under this section, by the local returning officer,

so, however, that the same number shall be fixed in respect of every candidate.

(4) A candidate or the election agent or local agent of the candidate may appoint one person (in this Act referred to as “a personation agent”) to be present as the candidate's agent in each polling station for the purpose of assisting in the detection of personation, and such appointment shall be in writing.

(5) An appointment under this section may be revoked by the candidate concerned or the election agent of the candidate and, if it was made under subsection (2) or (4), may also be revoked by the local agent of the candidate for the constituency concerned.

(6) A candidate or the election agent or local agent of the candidate shall, not later than the time for the commencement of the issue of ballot papers to postal voters, give written notice to the local returning officer for the constituency concerned of the name and address of every agent appointed by the candidate or the election agent or local agent to be present at the said issue and the local returning officer may refuse to admit to the place where the ballot papers are to be issued any agent whose name and address have not been so notified to him.

(7) A candidate or the election agent or local agent of the candidate shall, not less than 2 days (disregarding any excluded day) before the polling day, give written notice to the local returning officer for the constituency concerned of the name and address of every personation agent appointed by the candidate or the election agent or local agent together with the name of the polling station for which the personation agent is appointed. A personation agent appointed in accordance with this section and whose name and address have been duly notified to the local returning officer shall be entitled to be present in the polling station referred to in the notification during the period commencing 30 minutes before the time fixed by the Minister for the commencement of the poll and ending when the ballot boxes have been sealed by the presiding officer pursuant to section 110 of the Act of 1992 (as applied by section 44 ) and the documents and materials specified in that section have been placed in sealed packets.

(8) A candidate or the election agent or local agent of the candidate shall, not less than 2 days (disregarding any excluded day) before the polling day, give written notice to the local returning officer for the constituency concerned of the name and address of every agent appointed by the candidate or the election agent or local agent to be present at the opening of the postal ballot boxes and the local returning officer may refuse to admit to the place where the postal ballot boxes are to be opened any agent whose name and address have not been so notified to him.

(9) A candidate or the election agent or local agent of the candidate shall, not less than 2 days (disregarding any excluded day) before the polling day, give written notice to the local returning officer for the constituency concerned of the name and address of every agent appointed by the candidate or the election agent or the local agent to be present at the counting of the votes and the local returning officer may refuse to admit to the place where the votes are to be counted any agent whose name and address have not been so notified to him.

(10) A candidate or the election agent of the candidate shall, not less than 2 days (disregarding any excluded day) before the polling day, give written notice to the presidential returning officer of the name and address of every agent appointed by the candidate or the election agent to be present at the ascertainment of the result of the election and the presidential returning officer may refuse to admit to the place where the result is to be ascertained any agent whose name and address have not been so notified to him.

(11) Where the appointment of an agent under this section is revoked or an agent appointed under this section dies, resigns or becomes incapable of acting during an election, another agent may be appointed under this section in the place of the agent and, where such an appointment is made, the person making the appointment shall forthwith give written notice of the name and address of the agent appointed to—

(a) in case the appointment is made under subsection (1), the presidential returning officer, and

(b) in case the appointment is otherwise made under this section, the local returning officer for the constituency concerned.

(12) A candidate may lawfully do or assist in the doing of any thing which may lawfully be done on behalf of the candidate by an agent appointed under this section or section 33 and may be present (in addition to or in substitution for any such agent) at any place at which any such agent may, pursuant to this Act, be present.

(13) Any thing required by this Act to be done in the presence of an agent of a candidate shall not be invalidated by reason only of the agent's not being present at the time and place appointed for doing such thing.