CHAPTER 292
LOCAL GOVERNMENT (ELECTIONS) ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

   3.   Application.

   4.   Directions and notices, of the Electoral Authority.

   5.   [Repealed.]

PART II
ELECTORAL AUTHORITY

   6.   [Repealed.]

   7.   Conduct of elections to be under the supervision of an Electoral Authority.

   8.   Wards.

   9.   Returning Officers and staff.

   10.   Registration Officers and staff.

   11.   [Repealed.]

PART III
HOLDING OF ELECTIONS AND TENURE OF OFFICE OF COUNCILLORS

   12.   Ordinary election.

   13.   By-elections.

   14.   Representation of wards and tenure of office of Councillors.

PART IV
REGISTRATION OF VOTERS

   15.   Qualifications for registration.

   16.   Disqualifications for registration.

   17.   No person shall be registered in more than one ward.

   18.   Register of voters.

   19.   Place of and disqualification for voting.

   20.   Change of name.

   21.   Times for registration.

   22.   Certificate of registration.

   23.   Change of residence.

   24.   Certificate of registration lost, defaced or destroyed.

   25.   Amendment of particulars.

   26.   Declaration relating to lost or destroyed certificates of registration.

   27.   Refusal of application.

   28.   Inspection of register.

   29.   Inclusion of name in register.

   30.   Objections.

   31.   Procedure for making objections.

   32.   Inquiry and determination by Registration Officer.

   33.   Objector or person objected to may appeal.

   34.   Appeals to Resident Magistrates.

   35.   Provisions consequential to additions to or deletions from register under this Part.

PART V
VOTING

   36.   Persons entitled to vote.

   37.   Disqualification for voting.

   38.   Place of voting.

PART VI
QUALIFICATION OF CANDIDATES FOR ELECTION

   39.   Qualification of candidates for Local Government Authorities election.

   40.   Disqualification for election to a local government authority.

PART VII
NOMINATION OF CANDIDATES FOR ELECTION

   41.   Nomination day.

   42.   Nomination of candidates.

   43.   Candidate to be nominated for one seat only.

   44.   Objections to and decision as to validity of nomination papers.

   45.   Procedure after determination of validity of nominations.

   46.   Procedure if no candidate validly nominated.

   47.   Photographs.

PART VIII
ELECTION DAY

   48.   Candidates nominated and election day.

   49.   Notices of election.

PART IX
WITHDRAWAL, DEATH AND ABSENCE OF CANDIDATES

   50.   Withdrawal of candidature.

   51.   Death of candidates.

   52.   Absence of candidates.

PART X
THE ELECTION CAMPAIGN

   53.   Election campaigns.

   54.   [Repealed.]

   55.   Payments by candidates.

PART XI
ELECTION PROCEDURE

   56.   Polling days and times.

   57.   Arrangements for contested elections.

   58.   Polling agents.

   59.   Ballot boxes.

   60.   Form of ballot paper.

   61.   Prohibition of disclosure of vote.

   62.   Method of voting.

   63.   Admittance to polling station.

   64.   Allegations of irregularities.

   65.   [Repealed.]

   66.   Declaration by voters.

   67.   [Repealed.]

   68.   Adjournment of poll in case of riot.

   69.   Closing of poll.

   70.   Procedure on closing of poll.

   71.   Place of counting.

   72.   Methods of counting votes.

   73.   Counting Agents.

   74.   [Repealed.]

   75.   Persons who may be present.

   76.   [Repealed.]

   77.   Ballot papers which are not to be counted as votes.

   78.   Endorsements by Returning Officer.

   79.   Rejected ballot papers.

   80.   Equality of votes and recount.

   81.   Candidate or counting agent may require recount.

   82.   Returning Officer's decision final.

   83.   Vote addition in local authority election.

   84.   Declaration of result.

   85.   Custody of documents.

   86.   Powers of polling assistant.

   87.   Candidate has power of his agent.

   88.   Non-attendance of agents not to invalidate proceedings.

PART XII
OFFENCES

   89.   Offences in relation to registration.

   90.   Official discouragement.

   91.   Election officers' misconduct.

   92.   Application of Act No. 7 of 1970.

   93.   Definition of election officer.

   94.   Offences in relation to registers and certificates of registration.

   95.   Offences in relation to nomination papers or ballot papers.

   96.   Miscellaneous offences.

   97.   Maintenance of secrecy at elections.

   98.   Penalty for undue influence.

   99.   Penalty for personation.

   100.-102.   [Repealed.]

   103.   Persons to be deemed guilty of undue influence.

   104.   Undue influence in relation to returning officers.

   105.   Persons to be deemed guilty of personation.

   106.   Penalty for persons guilty of certain illegal practices.

   107.   Interference with lawful public meeting to be an illegal practice.

   108.   Display of emblems in vicinity of place of voting prohibited.

   109.   Defacement of notices.

   110.   Documents to bear name and address of printer and publisher.

   111.   Persons convicted of corrupt or illegal practices to be removed from register.

PART XIII
AVOIDANCE OF ELECTIONS AND ELECTION PETITIONS

   112.   Avoidance of election on election petition.

   113.   When Court may hold certain acts or omissions to be exempt.

   114.   Petitions triable by Resident Magistrate's Court.

   115.   Petitions and deposit of security for costs.

   116.   Relief which may be claimed.

   117.   Certificate of court as to validity of election.

   118.   [Repealed.]

   119.   Time of presentation of election petition.

   120.   Votes to be struck off at a scrutiny.

   121.   Rules of Court.

PART XIV
FINANCIAL AND MISCELLANEOUS PROVISIONS

   122.   Inaccurate descriptions.

   123.   Powers of Registration and Returning Officers to demand information.

   124.   Remuneration of staff.

   125.   Expenses to be charged on Consolidated Fund.

   126.   Service of notices.

   127.   Exemption from stamp duty.

   128.   Disposal of forms and records.

   129.   [Repealed.]

   130.   Regulations and rules.

   131.   [Repeal of Act No. 24 of 1975.]

CHAPTER 292
THE LOCAL GOVERNMENT (ELECTIONS) ACT

An Act to provide for the law relating to elections to Local Government Authorities.

[9th March, 1979]
[G.N. No. 63 of 1981]

Acts Nos.
4 of 1979
3 of 1983
7 of 1992
1 of 1993
4 of 1993
11 of 1994
15 of 1994
4 of 2000
10 of 2000

PART I
PRELIMINARY PROVISIONS (ss 1-5)

1.   Short title

   This Act may be cited as the Local Government (Elections) Act.

2.   Interpretation Acts Nos. 3 of 1983 s. 2; 4 of 1993 Sch.">

   (1) In this Act, unless the context otherwise requires–

   "the Act" means, in the relation to a district authority, the Local Government (District Authorities) Act *, and in relation to an urban authority, the Local Government (Urban Authorities) Act *;

   "candidate" means a person who submits himself for election to a local government authority:

   Provided that for the purpose of those provisions of this Act which relate to a time after the nomination of candidates, it does not include a candidate whose nomination is declared invalid by the returning officer or who withdraws his candidature;

   "certificate of registration" means a certificate issued under the provisions of this Act certifying that the person named in that certificate has been registered as a voter;

   "close of polls" means the latest close of poll in a polling station in relation to any election;

   "contested election" means an election in a ward at which there are more candidates than vacancies;

    "Council" means–

   (a)   in relation to a district, District Council;

   (b)   in relation to a city, a City Council;

   (c)   in relation to municipality, a Municipal Council;

   (d)   in relation to a town, a Town Council;

established or deemed to have been established under the Act;

   "counting agent" means a person appointed as a counting agent under the provisions of section 71;

   "district authority" means a District Council, a township authority or, as the case may be, a Village Council;

   "election" means an election in a ward, of an elected member of a local authority and includes a by-election for that purpose;

   "election day" in relation to any ward means the day appointed under section 48 or any day substituted for it in accordance with the proviso to that section or, in the case of an election in which the candidate is declared elected under subsection (2) of section 45 means the date on which he was so declared elected;

   "Electoral Authority" means the Electoral Commission established by Article 74 of the Constitution *;

   "local authority election" means the election of a member to a local authority;

   "local government authority" means a district authority or an urban authority established or deemed to have been established under the Act;

   "member" means an elected member of a local authority;

   "Minister" means the Minister responsible for local governments;

    "nomination" means nomination as a candidate for election to a local authority;

    "nomination day" means a day appointed as nomination day;

   "political party" means a party registered under the Political Parties Act *;

   "person" means a natural person;

   "polling agent" means a person appointed under the provisions of section 58;

   "polling district" in relation to an election in a ward means a ward declared as such under the Act;

   "polling assistant" means a person appointed as a polling assistant under the provisions of paragraph (b) of section 57;

   "polling station" means a polling station specified under the provisions of section 49;

   "presiding officer" means a person appointed under the provisions of paragraph (c) of section 57 to be in charge of a polling station;

   "qualified" or "qualification" means–

   (a)   when used in relation to a person claiming to be entitled to be registered as a voter, qualified to be or qualification as a voter;

   (b)   when used in relation to a person claiming to be qualified as a candidate for a local authority election, qualified to be or qualification as a candidate for election to a local authority for the ward in question;

   "register" means a register of voters compiled and maintained in accordance with the provisions of this Act;

   "Returning Officer" means a Returning Officer appointed under section 9 and includes an Assistant Returning Officer, and "the Returning Officer", in relation to a polling district, means the Returning Officer appointed for that polling district;

   "voter" means any person who is qualified to vote at an election in accordance with the provisions of this Act;

   "ward" means a division of the jurisdiction of a local government authority demarcated as such in pursuance of the provisions of the Act and declared to be a ward of that local government authority under section 8 for the purposes of this Act.

   (2) Reference in this Act to an election in a ward shall be construed as reference to the local government authority election in a ward demarcated in pursuance of the provisions of the Act and declared as such for the purposes of this Act.

3.   Application

   This Act shall apply to all local government authorities in respect of which it is provided that some or all of the members shall be elected.

4.   Directions and notices of the Electoral Authority

   All regulations, directions and notices which an Electoral Authority is empowered to make, issue or give, shall be deemed to have been validly made, issued or given, if they are made, issued or given under the signature of the Chairman of the Electoral Authority or the Executive Officer of the Electoral Authority.

5.   Repealed

   [Repealed by Act No. 7 of 1992 s. 3.]

PART II
ELECTORAL AUTHORITY (ss 6-11)

6.   Repealed

   [Repealed by Act No. 1 of 1993 s. 3.]

7.   Conduct of elections to be under the supervision of an Electoral Authority

   The conduct of every election shall be subject to the direction and supervision of the Electoral Authority having jurisdiction in the area where the election is conducted.

8.   Wards

   Where the Minister established a Ward in accordance with the provisions of the Act, that ward shall be a ward for the purposes of election under this Act.

9.   Returning officers and staff

   (1) For the purposes of any local government authority election held under this Act, every Deputy City Director, Municipal Director, Town Director and District Executive Director shall be a Returning Officer for the local government authority in respect of which he is a Director.

   (2) The Commission shall appoint by office such number of Assistant Returning Officers as he may think fit.

   (3) Subject to such directions as the Returning Officer may issue, an Assistant Returning Officer may exercise and perform all the powers and duties conferred or imposed on a Returning officer other than the power of appointment conferred by subsection (2) and, except with respect to the power of appointment every reference in this Act to the Returning Officer shall be deemed to include a reference to an Assistant Returning Officer.

   (4) Returning Officers may, subject to the directions of the Electoral Authority, employ such staff as they may require to carry out their functions under the provisions of this Act.

   (5) Every Returning Officer and Assistant Returning Officer shall upon his appointment subscribe before a magistrate an oath of secrecy in the prescribed form.

   (6) Notwithstanding subsection (1), the Director of Elections may, in any fit case, by notice published in the Gazette, appoint any person by name or office to be a Returning Officer for any local government authority instead of the one referred to in subsection (1) and where such a person is so appointed, the City Director, Municipal Director, Town Director or District Executive Director as the case may be, shall cease to be the Returning Officer of that local authority.

10.   Registration Officers and staff

   (1) The Electoral Authority shall appoint by office a Registration Officer for each local authority and every Registration Officer shall be in charge of every polling district within the local authority for which he is appointed.

   (2) A Registration Officer shall appoint by office such number of Assistant Registration Officers as he may think fit.

   (3) Subject to such directions as the Registration Officer may from time to time issue, an Assistant Registration Officer may exercise and perform all the powers and duties conferred or imposed on a Registration Officer other than those conferred or imposed by subsection (2) and, except with respect to the power of appointment, every reference in this Act to the Registration Officer shall be deemed to include a reference to an Assistant Registration Officer.

   (4) Registration Officers may, subject to the directions of the Electoral Authority, employ such staff as they may require to carry out their functions under the provisions of this Act.

11.   Repealed

   [Repealed by Act No. 7 of 1992 s. 5.]

PART III
HOLDING OF ELECTIONS AND TENURE OF OFFICE OF COUNCILLORS (ss 12-14)

12.   Ordinary election

   (1) There shall be held an ordinary election of Councillors of a local government authority in every fifth year after the previous ordinary election, and whenever–

   (a)   a new Council is established; or

   (b)   an alteration is made in the division of the area of an existing local government authority into wards or in the delineation of the boundaries of any ward.

   (2) An ordinary election of Councillors of a local government authority shall be held in every ward or, as the case may be, in any particular ward of that local government authority on such date as the Electoral Authority after consultation with the Minister shall, by order published in the Gazette, prescribe.

   (3) An order made under this section shall specify the day or days on which Returning Officers may receive nomination of candidates for election in any ward to which the order relates. [ss. (4)]

13.   By-elections

   (1) Subject to the provisions of this section, a by-election to fill a casual vacancy in the office of a Councillor shall be held on such date as the Electoral Authority may prescribe, being a date not later than ninety days after the occurrence of the vacancy:

   Provided that a poll shall not be taken in any by-election in respect of which only one candidate is validly nominated for election.

   (2) A by-election under this section shall not be held to fill a casual vacancy in the office of a Council in which an ordinary election of councillors is or may be required to be held under section 12, unless the Electoral Authority after consultation with the Minister has by order directed that the by-election be held.

   (3) An order under this section shall specify the day or days on which and the hours within which Returning Officers may receive nominations of candidates for election in any ward to which the order relates.

14.   Representation of wards and tenure of office of Councillors

   (1) There shall be one Councillor elected for each ward into which the area of a Council is divided and every Councillor shall, with effect from the date following the date on which the election results are confirmed by the Electoral Authority, be an elected member of the Council for which he has been elected.

   (2) Subject to the provisions of this Act, the term of office of an elected member of a Council shall be five years and all the elected members shall retire on the fifth anniversary of the date on which they assumed their office under subsection (1), and their place shall be filled by newly elected members who shall come into office on that day; but a member elected in a by-election shall hold office only for the remainder of the term of office of his predecessor.

PART IV
REGISTRATION OF VOTERS (ss 15-35)

15.   Qualifications for registration

   Every citizen of Tanzania who has attained the age of eighteen years shall, unless he is disqualified by this or any other Act, be entitled to be registered under and in accordance with the provisions of this Act as a voter.

16.   Disqualifications for registration

   (1) No person shall be qualified for registration as a voter or shall be registered under this Act–

   (a)   if he is under a declaration of allegiance to some country other than Tanzania;

   (b)   if, under any law in force in Tanzania, he is adjudged or otherwise declared to be of unsound mind or is detained as a criminal lunatic or is detained during the pleasure of the President;

   (c)   if he is under sentence of death imposed on him by any court in Tanzania or sentence of imprisonment (by whatever name called) exceeding six months imposed on him by the court or substituted by competent authority for some other sentence imposed on him by that court;

   (d)   if he is disqualified from registering as a voter under the provisions of this Act or any other law in force relating to offences connected with any election.

   (2) For the purposes of paragraph (c) of subsection (1)–

   (a)   two or more sentences that are required to be served consecutively shall be regarded as separate sentences if none of them exceeds six months but if any one of them exceeds six months they shall be regarded as one sentence; and

   (b)   no account shall be taken of a sentence of imprisonment imposed as an alternative to, or in default of the payment of, a fine.

   (3) Where any person registered under this Act ceases to be qualified for registration as a voter his name shall be deleted from the register:

   Provided that no name shall be deleted from a register, save in accordance with the provisions of this Part or on the report of a court that that person has been guilty of a practice which disqualifies him from registering or voting.

17.   No person shall be registered in more than one ward

    No person shall be registered as a voter in more than one ward.

18.   Register of voters

   (1) The Registration Officer shall make and maintain a register of voters for every ward.

   (2) The register shall show, relative to every voter named in that register, the number of the certificate of registration issued to the voter, the sex of the voter and the address at which the voter ordinarily resides.

   (3) Such number of copies of every register of voters shall be kept and maintained as the Registration Officer may think fit.

19.   Place of and disqualification for voting

   (1) Subject to the provisions of this Act, a person who is registered as a voter in any ward shall be entitled to vote at any election in that ward, and shall be entitled so to vote only at the ward where he is registered and not elsewhere.

   (2) Notwithstanding the provisions of subsection (1) a Presiding Officer or Polling Assistant at any ward shall not permit any person to vote at that ward, unless that person satisfied the Presiding Officer or, as the case may be, the Polling Assistant, that he is the voter he claims to be by producing to him the certificate of registration issued to that person or such other proof of his identity as the Registration Officer may for the time being direct to be a sufficient proof of identity of the person claiming to be entitled to vote.

   (3) Notwithstanding that a person is registered as a voter under this Act he shall not be entitled to vote in any election if any circumstances arise in relation to him which, if he were not so registered, would cause him to be disqualified for registration under this Act.

   (4) Notwithstanding any other provision of this Act the Executive Officer or any person authorised in that behalf by the Executive Officer may, by a certificate under his hand, authorise a registered voter who is a candidate at an election in that ward or, as the case may be, in the ward specified in that certificate whether or not that candidate is registered as a voter in that ward.

   (5) Notwithstanding any other provisions of this Act, where a voter registered as a voter in any ward is employed as a Returning Officer, Presiding Officer, Police Officer or in any other official capacity to a ward other than the one allocated to him the Executive Officer or any person authorised in that behalf by the Executive Officer, may by a certificate under his hand authorise the voter to vote at any other ward, and that ward shall, for the purposes of this Act be deemed to be a ward allocated to that voter.

   (6) A person who is serving a sentence of imprisonment may, subject to the provisions of this Act, be registered as a voter, or vote at an election, only if permitted to do so by the written law governing his imprisonment:

   Provided that nothing in this subsection shall be construed as authorising any person to vote at any polling station other than the polling station allocated to him.

20.   Change of name

   A person registered as a voter whose name has been changed consequent upon marriage or otherwise since being so registered shall, if not disqualified from voting under section 19, be entitled to vote under the name in which she or he is so registered.

21.   Times for registration

   (1) Where an election is to take place in any local government authority the Electoral Authority may, at any time within six months before the date of the election, direct the Registration Officer in charge of the local authority to make available at each and every ward facilities for the registration of voters.

   (2) Any person entitled to be registered as a voter at any ward and who has not been so registered may present himself at the relevant ward and shall, upon so presenting himself and upon satisfying the Registration Officer in charge of the ward, that he is entitled to be registered as a voter, be registered as a voter in accordance with the provisions of this Act.

   (3) Notwithstanding any provision of this section to the contrary, the Electoral Authority may direct that the registration of voters in all wards or in any ward specified in that direction shall be suspended for such period as the Electoral Authority may direct if, in the opinion of the Electoral Authority, it is desirable to suspend the registration of voters in view of the fact that an election is likely to take place in that ward in the near future or for any other reason.

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