SUMMARY OF ELECTIONS STATUTORY DEADLINES

The summary briefly discusses the various statutory timelines envisaged in the Elections Act, 2011. The brief takes into account the recently passed amendments through the Statute Law (Miscellaneous Amendments) Act, 2012. 1. Bar of potential candidates from fundraising activities (from 4th July 2012) Politicians and political aspirants have always used fundraises and harambees as a way of enticing voters to influence their manner of voting. This has, to a great extent, compromised the quality of leadership that is eventually elected. The Elections Act has tried to address this issue, however its implementation may be challenging for the Commission. Section 26(1) of the Elections Act, 2011 bars any person who directly or indirectly participates in any manner in any or public fundraising or harambee within eight months preceding a general election or during an election period. If it is established that a person contravened this provision, the person shall be disqualified from contesting in the election held during that election year or election period. The time period envisaged under section 26(1) of the Act is within eight months preceding a general election or during an election period in any other election. Working with 4th March, 2013 as the date for the next general election, any person who from 4th July, 2012directly or indirectly participates in fundraising activity other than his/her own or that of his/her party for an election under the Act, he/she shall be disqualified from contesting in the general election. The Commission has since set up an Electoral Code of Conduct Enforcement and Compliance Committee to effectively monitor and enforce this provision. 2. Participation of public officers in elections (by 4th September 2012) Section 43(5) of the Elections Act, 2011 requires that any public officer who intends to contest an election to resign from public office at least six months before the date of election. This however does not apply to- (a) the President; (b) the Prime Minister; (c) the Deputy President; (d) a member of Parliament; (e) a county governor; (f) a deputy county governor; (g) a member of a county assembly. With 4th March 2013 as the date of the general election, such officers should therefore resign by 4th September 2012. 3. Submission of Political Parties Rules (17th July, 2012) The amended Section 27 of the Elections Act, 2011 requires registered political parties to submit their party rules at least 3 months before the nomination of its candidates. The same Act requires that political party nominations to have been completed at least 45 days before the general election. In order to comply with these provisions, political parties ought to submit their respective rules to the Registrar of Political Parties (RPP) at least four and a half months before the election, i.e. by 17thOct, 2012. In addition, political parties are required to have completed their party nominations by 18th January, 2013. 4. Submission of Party Membership Lists (11th November, 2012) The amended Section 28 of the Elections Act, 2011 requires registered political parties to submit their party membership lists to the RPP at least 2 months before the general elections i.e. by 4thJanuary, 2012. 5. Submission of Party List envisaged under Article 90 of the Constitution (11th February, 2013) Section 35 of the Elections Act requires political parties to submit their party lists to the Commission on the various elective positions on the same day as the day designated for submission to the Commission by political parties of nomination of their candidates (Commission nomination) but before such nomination, i.e. by (by 11th February, 2013). 6. Notice of Election Period Sections 14(1), 16(2), 17(2) and 19(2) of the Elections Act, 2011 requires the Commission to publish a notice in the Gazette and in electronic and print media of national circulation at least 60 days before the election date outlining the following – (a) The day upon which political parties shall submit a party list in accordance with Article 90 of the Constitution; (b) The day for the nomination of candidates for the election; and (c) The day or days on which the poll shall be taken for the election, which shall not be less than twenty-one days after the day specified for nomination under paragraph (b). In order to give adequate notice to the public, it is proposed that the Commission publishes the notice 4 months before the general election; on 4th November, 2012. The date takes into account the three months political parties are required to have submitted the party list to the Commission and the provision that requires candidates to be members or not members (in the case of independent candidates) of political parties - Article 85(a) of the Constitution and Section 33(a) of the Elections Act. 7. General Election The Commission announced the date of the General Election to be on Monday March 4th, 2013. From: Communications & Corporate Affairs Department.