TANZANIA MODEL BILL ON ELECTION
LEGAL AND HUMAN RIGHTS CENTER
TANZANIA CENTER FOR DEMOCRACY
TANZANIA ELECTION MODEL LAW
Table of Contents
ELECTION ACT 1
CHAPTER 1 2
PART I: PRELIMINARY PROVISION 2
1. Short Title 2
2. Interpretation Part 2
3. Application 3
4. Commencement 3
CHAPTER 2: INDEPENDENT NATIONAL ELECTORAL COMMISSION 3
PART I: THE COMMISSION 3
5. Composition 3
Qualification of members 4
7. Powers and Functions 5
Returning officers and Assistant returning officers 6
Independent National Election Commission Recruitment Committee 6
Part ii: Powers of the Court on the Business of Independent Electoral Commission 8
Part iii: Commission Fund 8
CHAPTER 3: VOTERS REGISTRATION 8
PART I. BIOMETRIC VOTERS REGISTRATION 8
Right to vote 8
Register of voters 9
Registration of voters 9
Qualification for Registration as a voter 10
Inspection of register of voters 10
Verification of biometric data 11
Voter card lost, destroyed or defaced 11
Transfer of voters details 12
Updating Register of Voters 12
Postponement of a disqualification from registration as a voter 14
Eligibility to vote 14
Part ii: Determination of questions concerning registration 14
Determination of questions as to registration 14
CHAPTER 4: ELECTORAL CONSTITUENCIES 15
PART I. DEMARCATION OF ELECTORAL CONSTITUENCIES 15
Powers to demarcate constituency and Ward boundaries 15
Formula for demarcation 15
Chapter 5: 16
Election generally and principles of Election 16
Rule of law and due process 17
Universal suffrage and broad voter’s participation 17
CHAPTER 6 17
PART I: NOMINATION OF CANDIDATES 17
Nomination by a political party 17
Notice of election Independent Electoral Commission Nomination 18
Part II Presidential candidates Nomination 19
Qualification for nomination as presidential and deputy presidential candidates 20
Objection as to presidential nomination 20
Part III Parliamentary Election 21
Nomination by political party 21
Parliamentary Nomination by the INEC 21
Part v: Special seats 24
Nomination procedures 24
Replacement of vacant for Special Seats 25
CHAPTER 7 26
PART I: ELECTION GENERALLY 26
Electoral campaign 26
Election date 26
Security during election campaigns 27
Protection of election against organized interference 27
Access to media during campaign 27
State owned Media 27
Private owned media 28
CHAPTER 8 28
DEATH CANDIDATES AND WITHDRAW OF CANDIDATES 28
Death of a candidate nominated by a political party 28
Withdrawal of candidate nominated by a political party 29
CHAPTER 9: BY ELECTIONS 31
Maintenance of Secret ballot 31
Declaration of results 32
CHAPTER 10 32
PART I: POLLING STATIONS 32
Determination of polling stations 32
CHAPTER 11 33
PART I: DECLARATION OF PRESIDENTIAL RESULTS 33
Electronic result system 33
Declaration of parliamentary results 34
Voter education 34
Accreditation of observers, agents and reporters 34
Electoral Code of Conduct 35
Participation in Election by Public Officers 35
CHAPTER 12 36
PART I: ELECTORAL DISPUTE RESOLUTION 36
The commission to dissolve certain disputes 36
Postponement of Election by the Commission 36
Part ii 37
Election Petition 37
Part iii 38
Security for Cost 38
Certificate of Court as to Validity of Election 39
Report of Court on Electoral Malpractice 39
CHAPTER 13 39
PARTY I. REFERENDUM 39
Party ii: Notice of holding referendum 40
Referendum Committee 41
Referendum Petitions 42
CHAPTER 14 43
PARTY I: ELECTORAL OFFENSES 43
CHAPTER 15: GENERAL PROVISIONS 44
Facilitation of persons with disabilities 44
Duty to comply 45
CHAPTER 15 45
Miscellaneous provisions 45
An Act to provide for the Law regulating the Election of the President, member of parliament, local government Elections and the conduct of the referendum.
ENACTED by Parliament of the United of Republic of Tanzania
PART I: PRELIMINARY PROVISIONS
1. Short Title
This Act may be cited as the National Election Act of 2022.
2. Interpretation Part
“Campaign period” means a period specified by the Commission as may be published in the gazette to that effect.
“Commission” means the Independent National Electoral Commission.
“Candidate” means a person contesting for an elective pos.t
“Constituency” means an election constituency as may be determined by the Commission.
“Court” means the District Court, Resident Magistrate’s Court, the High Court and the Court of Appeal of the United Republic of Tanzania.
“Director” means a Director of Election appointed under this Act
“Disability” has the meaning ascribed to it under section 2 of the Persons with Disability Act
“Election offence” means an offense under this Act.
“Election period” means a period published by the Commission for a presidential, parliamentary and counselor elections.
“Election petition” means a petition under this Act.
“Election results” means the declared outcome of the casting of vote by voters at an election.
“Electoral area” means a village, hamlet, Ward and Constituency in any part of the United Republic of Tanzania.
“Independent candidate” means a candidate who is not nominated by a political party,
“Indigenous Minorities” means indigenous Community of Tanganyika and Zanzibar before colonial invasion whose population at the time of election does not exceed two thousand.
“Officer” means an officer of the Commission appointed by under this Act.
“Presidential candidate” includes deputy presidential candidate.
“Public Officer” is a person who has been legally employed or appointed to office and who exercises governmental functions.
“Referendum petition” means a petition described under this Act.
“Referendum” means a vote of yes or no in certain issues as may be determined by the Commission.
“Voter” means a person who has attained the age of 18 or above, of sound mind and has been registered to vote in an election in accordance with the provisions of this Act.
This Act shall apply to Tanzania Mainland as well as Zanzibar to the extent on the union elections posts only.
This Act shall come into operation after a notice is published by the Minister responsible for legal affairs in the Government gazette but no later than a year preceding the 2025 General Election.
INDEPENDENT NATIONAL ELECTORAL COMMISSION
Part i: The Commission
5(1) There shall be established an Electoral Commission to be known as Independent National Electoral Commission with its acronym as INEC.
5(2) The Independent National Electoral Commission shall be composed of not less than seven and not more than eleven members as follows;-
a. The chairperson and deputy chairperson who shall be recruited from amongst Judges of the High Court or Court of Appeal with not less than 10 years of experience in accordance with section 6 of this Act.
b. The chairperson and the deputy chairperson shall not hail in one part of the United Republic of Tanzania and shall be of different gender.
c. The Director of Election who shall be the secretary to the Commission and the head of election secretariat.
d. Nine Other members of the Commission, at least four of them shall be women members to be recruited in accordance with the provisions of section 6 of this Act.
6 Qualification of members
6(1) A person shall be eligible for recruitment as a member of the Commission if he/she possess the following;-
a. In case of a chairperson or deputy chairperson shall be a Tanzanian holding the qualification to be appointed as the Judge of the High Court or Court of Appeal with continuous experience of not less than fifteen years in that qualification
b. In case of a Director of Election who shall be a person with vast experience not less than fifteen years of continuous experience in law, Politics, Economic or any other related qualification
c. In case other members of the Commission,
(a) shall be a person with high integrity;
(b) a holder a bachelor degree from a recognized university with not less than 10 years of experience in the respective role.
6(2) The chairperson and all other members of the Commission shall not be members of any political party or public servant or appointees five years preceding their candidacy and throughout their tenure as members of the Commission
6(3) No person holding a public office shall qualify to be a member of the Commission
6(4) A member of the Commission shall not be eligible for appointment in any public office for seven years following the end of his tenure as a member of the Commission
7. Powers and Functions
The commission shall be responsible for conducting or supervising general, local government elections and by elections in the United Republic of Tanzania and in particular for;-
a. continuous registration of citizen as voters;
b. regular revision of the voters register;
c. delimitation of constituencies and wards;
d. the regulation process by which parties nominate candidate(s) for election;
e. settlement of electoral disputes including disputes relating to or arising from nomination but excluding election petition;
f. receiving and determining complaints and Appeal from Special Committee on gender based electoral conflicts;
g. registration of candidates for election;
h. coordinating voters’ education;
i. facilitation of observation, monitoring and evaluation of election;
j. regulation of election expenses ;
k. development of code of conduct for candidates and parties contesting election;
l. monitoring compliance with electoral registration
Returning officers and Assistant returning officers
8. (1) The commission shall employ constituency returning officers and assistant returning officers to preside over election in the constituency and ward level.
(2) The Commission shall observe gender aspect in the employment of the returning and assistant returning officers such that neither gender shall be more than two third.
(3) A person shall be eligible for employment as returning officer or assistant returning officer upon satisfaction of the following qualifications: -
(a) In case of a returning officer, a bachelor degree from the recognized University ;
(b) For assistant returning officer, a diploma in any field from a recognized institution;
(4) Returning officers and assistant returning officers shall not be holders of a public office, members of a political party or affiliated to it five years preceding their application for recruitment in the respective role.
(5) The procedures for employment shall be prescribed in the rules made and published in the Gazette by the Commission.
(6) The commission shall be responsible for recruitment or disciplinary procedures the disciplinary authority for the returning and assistant returning officers
Independent National Election Commission Recruitment Committee
9. (1) There shall be an independent National Election Recruitment Committee hereby to be called the National Recruitment Committee.
(2) The committee shall be composed of;-
a. The chief justice who shall be the chairperson.
b. A judge of the Court of Appeal who shall be deputy chairperson and shall not hail in the same part of the United Republic with the Chief Justice and that in case the Chief Justice is male, then the other Judge of the Court of Appeal Shall be a female.
c. The Principal Judge or the Judge of the High Court who shall be the Secretary to the Committee.
d. The Zanzibar Chief Justice or a Judge of the High Court of Zanzibar appointed by Zanzibar Chief Justice who shall be the co-secretary.
e. The Deputy Attorney General or his representative such that, if the Principal Judge and Zanzibar Chief Justice are male, the Representative of the Deputy Attorney General shall be female.
f. The President of the Tanganyika Law society and one other member of the society such that, if the president is male, then the other representative must be female.
g. The president of the association of women Judges of Tanzania.
h. The president from the Zanzibar Law society and one other member of the society such that, if the president is male, then the other representative must be female.
i. Two representatives from the civil society organizations actively working in governance and democracy in the last ten years preceding application for representation and one must be a woman.
j. A representative from the federation of people with disability to be elected by the Tanzania Federation of Disabled People's Organizations.
Responsibilities of the Committee
10. (1) The committee shall be responsible for;-
a. The recruitment of the chairperson, deputy chairperson and director of the Commission.
b. Submitting the names of the of the appointed members of the commission to the president for administration of oath.
c. The President shall administer oath to the Commission chairperson, members of the Commission and Director of Election within 30 days of their appointment.
(2) Application for the position of the chairperson to the Commission, the Director of Election and other Members of the Commission shall be made in writing by the Applicant to the Recruitment Committee Secretary via the headquarter of the Independent National Electoral Commission.
(3) The modality of recruiting officers of the Commission including the chairperson and the Director of Elections shall be prescribed by regulation to be made and gazette by the National Recruitment Committee.
(4) The hearing of Applicants for the position of the chairperson, the Director of Election and other National Officers to the Commission shall be made in public with unfettered access to media.
POWERS OF THE COURT ON INDEPENDENT ELECTORAL COMMISSION
10.(1) 11. (1) The Court shall have mandate to receive and determine electoral petitions at all elective posts and other suit for non-compliance with any law relating to election by the Commission.
11.(2) The Decision of the Court shall be complied by the Commission within the time prescribed by the Court orders.
PART III: COMMISSION FUND
12. The source of Commission fund be:
(a) Appropriation from the national assembly which shall be not less than 3% of the national budget as appropriated by the National assembly.
(b) Donations from lawful sources.
CHAPTER 3: VOTERS REGISTRATION
PART I. BIOMETRIC VOTERS REGISTRATION
Right to vote
13.(1) Every adult citizen with qualifications set out under section 16 of this Act has the right without unreasonable restriction to be registered as a voter.
(2) A citizen shall exercise the right to vote if is registered in the register of voters.
Register of voters
14.(1) There shall be a register to be known as a register of voters which shall comprise of:
1. a poll registers in respect of every polling station;
2. a ward register in respect of every ward;
3. a constituency register in respect of every constituency.
4. a register of voters residing outside Tanzania;
5. a register of voters who are in prison;
(2) The Commission shall compile and maintain the register of voters referred to in subsection 1 above in the national register of voters.
(3) The register of voters shall contain such information as shall be prescribed by the Commission.
Registration of voters
15. (1) Registration of voters and revision of the register of voters under this Act shall be carried out continuously at all times and at least three times in every lowest level elective area throughout the interval of the successive General elections except;
i. In case of a General Election hundred days before the conduct of General Election.
ii. In case of by-election between the date of declaration of the relevant vacant seat to the date of that by-election.
iii. In case of a local government election, eighty days before the conduct of such election.
iv. In case of a referendum between the date of publication of the notice for referendum to the date of referendum.
(2) Notwithstanding subsection (1) where an election petition is filed in respect of an electoral area, between the date of filing the petition and the date of determination of the Petition by the Court.
Provided that where the Court determines that a by-election is to be held, no voter registration should be allowed to continue nor shall a voter be allowed to transfer his or her vote to the affected electoral area.
Qualifications for Registration as a voter
16.(1) Any citizen of Tanzania of sound mind, who has attained the age of eighteen years as evidenced by either a National identity card or a Tanzanian passport and whose name is not in the register of voters shall be eligible to be registered as a voter upon application, in the prescribed manner, to the Commission.
(2) All applicants for registration under this section shall be registered in the appropriate register by the registration officer or any other officer authorized by the Commission.
(3) The registration officer or any other authorized officer referred to in subsection (2) shall, at such time as the Commission may direct, transmit the information relating to the registration of the voters to the Commission for inclusion in the register of voters.
(4) The Commission shall maintain a register of voters in prison and diaspora to be established at every prison in Tanzania and Tanzania embassies abroad.
Inspection of register of voters
17.(1) The Commission shall cause the register of voters to be open for inspection by members of the public through its website at all times.
(2) The Commission shall, for a period not less than;-
(a) Sixty days in case of a General election, referendum or local government elections;
(b) 30 days in case of a by-election;
Cause a register of voters to be displayed in respect of every polling station for voters’ verification and rectification of the voters’ particulars therein.
(3) The register of voters shall be kept at the office of the Commission and copies of part of the register of voters relating to constituency for which the registration officer is responsible shall be kept at all the constituencies’ offices of the Commission .
Verification of biometric data
18. (1) The Commission, not later than 90 days before the date of a General election, open the register of voters for verification of biometric data by members of the public at their respective polling stations for a period of 60 days.
(2) The Commission shall, upon the expiry of the period for verification under subsection (1), reverse the register of voters to take into account any change in particulars arising out of the verification process.
(3) The Commission shall, upon expiry of the period for verification specified under subsection (1) publish,
(a) notice in the gazette to the effect that the revision under subsection (2) has been completed and;
(b) The register of voters online and in such other manner as may be prescribed by regulations made under this Act by the commission.
Voter card lost, destroyed, or defaced
19.(1) A registered voters whose voter registration card is lost, destroyed or defaced after the closure of the Registration of voters, and anyhow within the campaign period shall upon application to the Assistant returning officer for a particular polling Station be allowed to use the National Identification number bearing identical details with the lost, destroyed or defaced Card.
(2) The commission shall prescribe as it may deem fit the manner the application under subsection (1) shall be made
Transfer of voters details
20.(1) Where a voter wishes to transfer the voter’s registration particulars to a particular electoral area other than the one the voter is registered, the voter shall notify the Commission, in the prescribed manner, of his intention to transfer the registration particular to the preferred electoral area not less than 30 days preceding the General election.
(2) Upon receipt of the notification referred to under subsection (1) the Commission shall transfer the voter’s registration particulars to the register of preferred constituency and or electoral area not less than 15 days preceding election.
(3) The Commission shall in writing notify the assistant returning officer of the particular electoral areas of the names of the registered voters affected by the voters’ particulars transfer.
(4) Assistant returning officer referred in subsection (3) above shall cause to be displayed in the respective polling Station the particulars of voters whose details has been transferred to or from the relevant voting area.
(5) The Commission shall cause the availability of an electronic portal for voters particulars transfer.
(6) The voters particular transfer electronically shall be simple and shall be user friendly
Updating Register of Voters
20. The Commission shall maintain an updated register of Voters. For the purpose of maintaining an updated register of voters, the Commission shall,
a. regularly revise the register of voters by conducting voters registration.
b. update the register of voters by deleting the name of deceased voters and rectifying the particulars therein.
c. review the register of voters whenever constituencies and ward boundaries are altered.
Audit of the register of votes
21. (1) The Commission shall, at least eight months before the general election, engage a professional reputable firm to conduct an audit of the register of voters for the purpose of:
a. verifying the accuracy of the register;
b. recommending mechanism of enhancing the accuracy of the register ;
c. updating the register.
(2) The Tanzania Bureau of statistics and the Tanzania Identification Authority shall make available to the Commission the information held by it in the national population register for the purpose of the conduct of an audit under subsection (1).
(3) For the purpose of a general election, the Commission shall, within 60 days of the commencement of the Act engage a professional reputable firm to conduct an audit of the registrar of voters for the purpose of:
(a) verifying the accuracy of voters;
(b) Recommending mechanism of ensuring the accuracy of the register;
(c) Updating register;
(4) The firm engaged under subsection (3) shall conduct the audit and report to the Commission within a period of 90 days from the date of engagement.
i. The Commission shall, within 30 days of receipt of the report under subsection 4 submit the report to the National Assembly
ii. The Commission shall implement the recommendations of the National Assembly within the time prescribed in the National Assembly resolution.
Postponement of a disqualification from registration as a voter
22. Where a person has been declared bankrupt, or convicted of an election offence and is thereby omitted from being registered as a voter, then, if that person is entitled to appear against the decision, that person shall not be disqualified from being so registered until the expiration of 30 days after the date of the decision or such further period as the Court may, at the request of that person, direct in order to enable the person to appeal against the decision.
Eligibility to vote
23. (1) A person whose name and biometric data are entered in a register of voters in a particular polling stations, and who produces voter’s registration card or any identity credentials prescribed by the Commission shall be eligible to vote in that polling station.
(2) A registered voter whose Voter’s Registration Card is lost, defaced or destroyed shall produce a National Identification Number, or a driving License or Passport bearing similar details as the lost, destroyed or defaced Voter’s Registration Card to be allowed to vote in that particular Station.
(3) Nothing in this section shall entitle a person who is prohibited from voting by any written law to vote.
PART II: DETERMINATION OF QUESTIONS CONCERNING REGISTRATION
Determination of questions as to registration
24. Any question whether a person is qualified to be registered as a voter shall be determined in accordance with this Act by the Commission.
25. (1) A person who has duly applied to be registered as voter and whose name is not included in the register of voters may, in witting submit a claim for the name to be included in the register to the registration officer in the prescribed form and manner within the prescribed time.
(2) A claim under subsection (1) shall be determined by the registration officer in the prescribed manner, and an appeal thereto shall lie in a prescribed manner, to the returning Officer.
(3) A person aggrieved by the decision of the Returning Officer may in the prescribed manner refer the matter to the District Court and the decision of the District Court on matter relating to registration shall be final and conclusive.
(4) A person referred under subsection (1) above shall not be condemned to any cost by the District Court.
CHAPTER 4: ELECTORAL CONSTITUENCIES
PART I. DEMARCATION OF ELECTORAL CONSTITUENCIES
Powers to demarcate constituency and Ward boundaries
26. (1) There shall be established election constituencies and wards to be demarcated by the Commission.
(2) The Commission shall review the number, names and boundaries of Wards and Constituencies throughout the United Republic of Tanzania at an interval of five years.
(3) The review under subsection (2) above shall not be conducted one fifty days preceding the General election day.
Formula for demarcation
27. For proper demarcation of electoral Constituencies, the Commission shall employ a specified formula for demarcating electoral constituencies such that;-
(1) In case of urban constituency, a population formula of not less than two hundred and not more than five hundred thousand population formula shall form an electoral constituency.
(2) In case of a rural constituencies, the land size formula of not more than four thousand square kilometers save for, a population of not less than thirty thousand population inhibit the particular area shall form an electoral Constituency.
(3) In case of an urban Ward a population formula of not more than twenty thousand persons.
(4) In case of a Rural Ward a land size of not more than three hundred kilometer square save that, the population of not less than four thousand individuals inhibit that particular Ward shall form a Ward for purpose of Election
ELECTION GENERALLY AND PRINCIPLES OF ELECTION
Principles of Credible Election
28(1) Tanzania shall abide to the principles of credible election and for that purpose hold;-
(a) regular, democratic, fair, transparency, peaceful, free, gender responsive, accountable and verifiable, electoral process;
(b) election in compliance to the Constitution and Electoral laws that guarantee maximum voters participation, independency in the management of election and effective remedies for a person aggrieved by the conduct of election;
(c) impartial electoral process that abide to the principles of separation of powers that ensures the independence of the judiciary in determining electoral disputes; and
(d) elections in a manner that guarantee the Constituency a right to vote without unreasonable restrictions.
(2) For proper guarantee of the right to vote under subsection (1) (d) above, no candidate shall be declared unopposed candidate.
Provided that, in case of a single candidate in every elective post, that candidate must secure more than fifty percent of the vote to be declared as duly elected.
(3) The Commission shall prescribe the manner in which the single candidate election may be conducted.
Rule of law and due process
29. The Government shall ensure that rule of law is upheld to guarantee equal playing ground for all election actors, citizen freedom of choice throughout electoral circle as an essential condition for the fulfillment of human rights and representative and inclusive democracy.
Universal suffrage and broad voter’s participation
30. (1) The Government in collaboration with the Commission shall ensure equal suffrage and broad participation of citizens including minority groups and that the broadest pool of voters is allowed to cast ballots.
(2) All eligible citizens shall have equal opportunity to exercise their right to vote and be voted for.
PART I: NOMINATION OF CANDIDATES
Nomination by a political party
31. (1) Political parties shall conduct their internal electoral process:
a. In case of a general election or Local government election, 30 days before the Commencement of the Commission’s nomination.
b. In case of a by-election immediately after the declaration of the vacant seats but not more than 10 days preceding Commission’s Nomination in that particular vacancy.
(2) Political parties' internal electoral process must comply with principles of democracy, transparency and fair election and for that purpose the decision of the party primaries voters must be reflected in the party nomination of candidates.
(3) All members of political parties who qualify to be elected in a particular vacancy in accordance with the National laws shall be entitled to register as a candidate in the political party internal electoral process.
(4) The manner in which the application for nomination by the political parties shall be prescribed by the party constitutions.
(5) Non-compliance by the political party of the provisions of subsections (2), (3) and (4) above shall be the ground of objection in the candidate nominated by that political party before the Commission.
(6) All political parties must promote broader women young persons and people with disabilities participation in every internal party election primaries.
32. Independent candidates
32. (1) There shall be an independent candidate who is hereby known as Independent Candidate.
(2) The Independent Candidate shall be nominated by the Commission after submitting his duly filed application form and payment of the prescribed fees.
(3) A person shall be eligible to be elected as an Independent Candidate if.
(a) Is a Tanzania citizen.
(b) Is a person of sound mind; and,
(c) Has met statutory age and education qualification for a prescribed position he
is contesting in accordance with the law.
Notice of Election
33. (1) The Commission shall issue the notice of election prior to commencement of nomination as follows;-
a. In case of a general election, or the referendum one fifty days before the election day or the referendum day as the case may be;
b. In case of a separate local government election, ninety days before the election day;
c. In case of a by-election, sixty days before the election day;
(2) . The notice referred in subsection (1) above shall prescribe that;-
(a) In case of a general election or a referendum the campaign period shall commence 90 days preceding the election day or referendum day as the case maybe;
(b) In case of a separate Local government election, the campaign shall commence not less than 45 days before the election day;
(c) The candidate nomination by the Independent National Electoral Commission shall be finalized 30 days before the commencement of the campaign period;
(d) Objection and appeals must be finalized before the commencement of the campaign;
(e) Internal political parties nomination primaries must be conducted 30 days before the date set for nomination by the Commission.
PRESIDENTIAL CANDIDATE NOMINATION
34. (1) After the publication of the notice of election by the Commission, any political party or independent person who intent to contest the election at the presidential election shall submit before electoral Commission; -
(a) In case of a political party, name, particulars and duly filed form of the Presidential candidate as elected in the party internal election primaries pursuant to section 31(2),(3) and(4) of this Act.
(b) The name, particular and the duly filed form of the Independent candidate.
(c) The Name, particulars, and duly filed form for the nominated deputy presidential candidate.
(2) The Commission shall declare prescribed affordable application fees for the presidential candidate
(3) The presidential candidate shall be required to be sponsored by not less than 500 voters of which 100 should be from either part of the United Republic of Tanzania.
(4) The Commission shall declare to have appointed a presidential candidate and deputy presidential candidate only if he/she has submitted his application form and no objection has been filed and sustained against such candidate pursuant to section 36 and 37 of this Act.
(5) The deputy presidential candidate shall be a running mate of the presidential candidate.
Qualification for nomination as presidential and deputy presidential candidates
35. A person shall qualify to be nominated as a presidential candidate and deputy presidential candidate if he complies with the conditions enshrined under article 39 of the Constitution of the United Republic of Tanzania.
Objection as to presidential nomination
36. (1) The Commission shall issue a notice for objection of the appointed candidate within 24 hours after his appointment.
(2) The way the application for objection referred under subsection (1) above shall be made shall be prescribed by the regulation made and publicly gazetted by the Commission.
(3) No ground other than the qualifications set under Article 39 of the Constitution and non-compliance of the procedure set under section 31(2), (3) and (4) of this Act shall qualify to be the ground of objection.
(4) Clerical mistakes in filing form shall not basis for disqualification.
(5) A Person who served in the last 10 years as a judicial officer, Election officer, Officer in any security service and any other public service forbidding person to join a political party shall not be allowed to be a candidate sponsored by a political party.
Determination of objection and remedy for Presidential candidates
37.(1) All objection against the presidential candidate shall be determined within 48 hours after an objection is lodged to the Commission.
(2) In case the objection referred in subsection (1) above is sustained, the candidate aggrieved by the decision of the Commission may file a Petition before the High Court within three days from the date of the decision of the Commission.
(3) The High Court shall determine the Petition within fourteen days.
(4) For the Purpose of determining the Petition referred in subsection (2) above, the High Court shall be presided by five judges.
(5) The decision of the high Court in respect of Petition filed pursuant to subsection (2) above shall be final and conclusive.
(6) No objection or Petition of sustained objection shall be determined after launching of the Presidential campaign.
Nomination by political party
38. (1) A political party shall in case of a General election nominate its candidates for an election under this Act at least 30 days before the date set by the Commission as Nomination Day under this Act in accordance with its constitution and this Act.
(2) A political party shall not change the candidate elected by the electorate in the internal party primaries unless; -
(a) There are proof of corrupt practices from the nominated candidate that impacted the outcome of the internal party primaries from which a fresh primaries shall be held;
(b) In case of death, resignation or incapacity of the nominated candidate, the party may either hold a fresh election primary or nominate the first runner candidate in the first primaries as the party candidate.
(3) A political party shall hear and determine all intra- party disputes arising from political party nomination within 14 days.
Parliamentary Nomination by the Commission
39(1) After the publication of the notice of election by the Commission, any political party or Independent Candidate who intent to contest for the parliamentary election other than a by-election shall submit before electoral Commission returning Officer;-
(a) In case of a candidate sponsored by a political party, the name, particulars and duly filed form of the parliamentary candidate as elected in the party internal election primaries pursuant to section 31(2),(3) and(4) of this Act .
(b) In case of an Independent Candidate, the name, particular and the duly filed form of the independent candidate.
(c) A Person who served in the last 10 years as a judicial officer, Election officer or Officer in any security service and any other public service forbidding person to join a political party shall not be allowed to be a candidate sponsored by a political party.
(2) The Commission shall prescribe application fees for the parliamentary candidate.
(3) The parliamentary candidate shall be required to be sponsored by not less than 25 voters from the respective constituency from which he is contesting.
(4) The Commission shall declare to have appointed the candidate only if he has submitted his application form and no Objection has been filed and sustained against such candidate pursuant to article 67 of the Constitution and sections 31(2)(3) and (4) and section 40 and 41 of this Act.
(5) The rules applicable for election of Members of Parliament shall apply mutatis mutandis for local Government election save for;
(a) The Area subject to election.
(b) Necessary statutory qualifications for elective seats in the local Government election.
(c) Number of persons to sponsor the candidate shall be 10;
A person shall be eligible for nomination as a candidate for Member of Parliament if,
a. Is a Tanzania citizen;
b. Has attained the age of 18 years;
c. Is a person of sound mind;
d. Is a holder of a bachelor degree from a recognized Institution;
A candidate shall not qualify to contest as a member of parliament if does not possess the qualifications under section 40 above.
42. Objections against parliamentary candidates sponsored by a political party
1) After a parliamentary candidate is appointed by the Commission under section 39(4) above, where an opposing candidate wishes to lodge an objection against the appointed candidate shall do so within 24 hours from the date the candidate is appointed.
2) The Commission returning officer shall determine an objection lodged in subsection (1) above, within 48 hours from the date the objection was lodged.
3) No ground other than the qualifications set under Article 67 of the Constitution, section 40 and 41 of this Act and non-compliance with the procedure set under section 31(2), (3) and (4) of this Act shall qualify to be the ground of objection.
4) Clerical mistakes in filing form shall not form the basis for disqualification.
5) The procedure applicable for objection of the Independent candidate shall be the same as that of the candidate sponsored by the Political party save for the requirement set under section 31(2),(3) and (4) of this Act
6) In case the lodged objection in subsection (2) above is sustained by the Commission returning officer, the aggrieved party shall lodge a Petition to the High Court within 3 days from the date the decision of the Commission.
7) The High court shall be presided by one Judge in respect of the Petition under subsection (6) and the same shall be determined within 14 days from the date of filing.
8) The Decision of the High Court in Respect of the Petition referred under subsection (6) above shall be final and conclusive.
43(1) There shall be set by the Commission not less than 43% of electable seats for parliamentary election in respect of existing constituencies to be allotted for parallel Special Seat competitive elections in that;
(a) 30% of the special seats slot shall be allocated for Women candidates competition;
(b) 2% shall be allocated to People with disability and;
(c) 1% shall be allocated to indigenous minority groups (Hadzabe, Sandawe and Akie without any representation in any elective seat in Tanzania)
(2) No person falling under the prescribed categories in subsection (1) above shall be eligible to contest through Special seat if that person has;
(a) Previously appointed or elected as a member of parliament through Special seats or served as a member of parliament in any capacity.
(b) Is an employee or served any public office five years preceding the relevant election.
(c) If is not a resident in a particular constituency subject to special seats election.
(3) Any special seat candidate or any person may file an objection against the Special seat candidate if;
(a) The candidate is disqualified under subsection (2) above or;
(b) The candidate does not possess other statutory qualifications for member of parliament save for academic qualification for Special candidate in subsection (1)(c) above;
(4) For the purpose of Election of Special seats candidates;
(a) Women Constituency special seats candidates shall be elected by all constituents in that particular constituency designated by the Commission in the election notice.
(b) Indigenous Minority groups shall elect their representative in the designated constituencies to be known as Special constituency for indigenous minorities.
(c) People with disabilities shall be elected by Council representing the interest of people with disabilities to be known as Special constituency for people with disabilities as established by Person with Disability Act.
(d) Election of candidates in (b) and (c) above shall consider gender aspect;
(5) The condition set out under section 43(1) and (2) shall apply to elections in the Local Government election.
Replacement of vacant for Special Seats
44. The procedure applicable on by election of members of Parliament or local Government elective seats shall apply mutatis mutandis with the by-election for special seats for women, People with disabilities and indigenous minorities groups.
PART I: ELECTION GENERALLY
45. (1) The Commission by the notice published in the gazette shall specify the commencement date of the electoral campaign;
(i) No application for an objection of a candidate shall be entertained after the commencement of the Campaign.
(ii) In Case of a general election, the notice shall specify the campaign to commence not less than 90 days from the election date.
46. The Commission shall by the notice published in the gazette shall specify the date for which election is to be conducted
a. The notice shall specify the day, time, number of polling stations for which election is to be conducted including but not limited to polling station opening and closure of the polling station open for voting and closure to that effect
b. In case the declared date for election falls in a working day, the commission shall declare that day as a holiday for voting purpose to that effect
c. Candidates or any person shall not appear in their political party's symbol or flag on a day designated for voting.
d. All candidates shall be required to appoint their agents for the purposes of supervising their votes.
e. The appointed agents by candidates or political parties shall be submitted to the Commission 14 days before Election Day in a manner that shall be prescribed by the Commission.
Freedom of campaign and right to associate
47. (1) The Commission shall cause the campaign to be free, fair to all candidates and without unreasonable restrictions.
(2) The Commission shall cause the timetable for campaigning to be public for all candidates, political parties and the public.
(3) The Commission or its officers shall not in any means cause itself to be an agent of a candidate or a political party for the whole period of the campaign.
(4) No candidate, supporter, media or any entity shall disseminate any sentiments that is discriminatory by nature on basis of religion, sex, gender, ancestry
Security during election campaigns
48. The Commission in consultation with the Police Force shall cause all candidates’ campaign to be adequately protected to guarantee unfettered freedom for conduct of peaceful campaign.
Protection of election against organized interference
49.The Commission shall not cause any state organ to unreasonably interfere with the conduct of election including unreasonable arrest of candidates, polling agents or in any manner influence the outcome of election.
Access to media during campaign
50. The Commission in consultation with Communications Regulatory authorities shall cause all media to air out all campaign freely and impartially without any discrimination based on religion, sex, or ideological position or status of candidate or a political party
State owned Media
51. (1) Media owned by the government shall treat all candidates equally without favor or discrimination throughout the campaign period and for that purpose shall set equal time for broadcasting of candidate’s campaign in every elective level
(i) It shall be an offense for a public media to treaty candidates unfairly
(ii) The Chief Executive Officer and any other responsible officer of the media that contravene a requirement under subsection 1 shall
a. personally pay fine not less than 10 million and not more than 20 million
b. be terminated from employment in the public media
Private owned media
52. (1) Private owned Media shall abide treat all candidates fairly throughout the campaign period
(2) The commission shall cause to be published Election broadcasting regulations, and the same shall be circulated to the media house for compliance purpose
(3) a media that contravenes section 56 above shall be liable to a fine of not less than 10 million and not more than 20 million
DEATH CANDIDATES AND WITHDRAW OF CANDIDATES
Death of a candidate nominated by a political party
53. (1) If in the cause of campaign, a candidate dies,
(a) in case of a Presidential or deputy presidential candidate the Commission shall declare the election to be adjourned;
i. after the notice declaring adjournment of the election has been published, the Commission shall notify the respective political party in case of a candidates sponsored by a political party or surviving independent candidate to appoint another candidate to serve as deputy presidential candidate in which the election shall be conducted within 60 days from the date of the occurrence of such death if the date initially set for the conduct of election has lapsed.
ii. Political party concerned shall submit the nomination paper for the nomination of another Presidential or deputy presidential candidate to the Commission within 14 days from the date of occurrence of the death of such candidate.
iii. The Commission shall cause to be published a notice specifying a new election date.
(b) in case of a death of a constituency candidate sponsored by a political party, the Commission shall;-
i. cause to be published a notice declaring adjournment of the election and in case the general election is over, declare another date for the conduct of parliamentary election not more than 45 days following the occurrence of such death;
ii. Notify the political party concerned to replace another candidate in the manner prescribed in the internal party nomination process under this Act;
iii. The Commission shall cause to be published a notice for another election day within 45 days from the date of adjourning the election if initial date set for election has lapsed;
iv. Political party shall submit to the Commission particulars of the nominated candidate within 15 days from the date of occurrence of such death;
Provided that, the adjournment in (a) above shall not affect the conduct of Special seats election parallel to the presidential election.
(c) In case of Special seats, no election shall be adjourned on occurrence of death of a Special seat candidate, unless the deceased candidate was the sole candidate in such election’
(d) In case of an independent candidate, no election shall be adjourned on the occurrence of the death of the independent candidate in the parliamentary election unless the Independent candidate was the sole candidate in that election.
(e) In case of a Local Government election, the rules under section 53(b)(c)(d) above shall apply mutatis mutandis.
Withdrawal of candidate nominated by a political party
54. Where a candidate declares to withdraw himself from the election process after nomination has been done by the Commission:
(a) In case a presidential candidate, declares to withdraw from the election three days prior to the election date, the election shall proceed as scheduled and the deputy presidential candidate shall be deemed be the presidential candidate.
(b) If the deemed presidential candidate in (a) above is elected as the president,
(i) In case of a candidate sponsored by a political party, the party concerned shall be obliged to nominate a person to serve as the deputy president and present to the National assembly for approval 14 days from the date the President elect was sworn as the President.
(ii) In case of a Private candidate, the President elect shall appoint another person to serve as deputy president and shall present the appointed person to the National assembly for approval within 14 days from the date the President elect was sworn as the President.
(c) in case the presidential candidate declare to withdraw his candidature from the commencement of the campaign but less than three days from election day, the deputy presidential candidate shall take over as the presidential candidate and ;
(i) In case of a candidate sponsored by a political party, the political party concerned shall be obliged in consultation with the presidential candidate to nominate another person as deputy presidential candidate for that political party and present his name before the Commission within 24 hours from the date of such withdrawal.
(ii) In case of withdrawal of the Independent candidate, the presidential candidate referred in (c) above shall nominate another person as deputy presidential candidate and present his name before the Commission 24 hours from the withdrawal of such candidate.
(d) In case of the withdrawal of the deputy presidential candidate, the provision in (c) above shall apply mutatis mutandis.
(e) In case of a member of parliament, Special seats or a local government candidate withdrew his candidature, either in General election, by-election, Local Government election then election shall proceed as planned unless such candidate was the only candidate in that election.
Provided that, where a duly nominated candidate whose name appears on the ballot paper exhibited under this Act withdrew his candidature after printing of ballot papers and related election notices, the ballot papers and related notices may continue to include his names and other particulars and shall not be refunded to such later candidate the deposit paid by him for his nomination.
55. (1) The Commission shall on occurrence of death, resignation, or loss of the qualification by the Member of Parliament, Ward Councilor, or other Local Government elective seat shall declare the seat as vacant and call for a by-election.
(2) The by-election shall be conducted in accordance of the procedures set out in the conduct of general election save that, the campaign period shall not exceed forty five days.
Maintenance of Secret ballot
56. (1) All election in the United Republic of Tanzania shall be conducted by way of secret ballot.
(2) Every elections officer, candidate, polling agent or any other person authorized to take part in any proceedings relating to the issue or receipt of ballot papers or to attend at a polling station or at the counting of the votes shall, before so attending, make an oath of secrecy prescribed by the Regulations.
(3) Every officer, candidate or agent in attendance at a polling station shall-
i. maintain and aid in maintaining the secrecy of the ballot; and
ii. Not communicate, except for a purpose authorized by law before the poll is closed, any information as to the name or number on the register of voters, of any voter who has or has not applied for a ballot paper or voted at that station or as to the official mark.
(4) A presiding officer may, upon request, divulge to a candidate or to the agent of a candidate the total number of voters who have voted in the station at any time before the poll is closed.
Declaration of results
57. The National Electoral Commission shall declare electoral results as they appear from the polling stations.
PART I: POLLING STATIONS
Determination of polling stations
58. (1) The Commission shall by a notice published in the gazette, issue a number of polling stations, the number of voters in each polling stations as necessary as practicable.
(2) The Commission shall describe the manner in which polling stations shall be determined
PART I: DECLARATION OF PRESIDENTIAL RESULTS
59. (1) The Commission shall collect and announce the results from each polling stations in the village, hamlet, ward and constituency level.
(2) A person shall be deemed to be a winner of a presidential candidacy only if he has attained more than 50% of the valid votes.
(3) The Outcome of a presidential election shall be declared within 72 hours from polling Station closure.
(4) The commission shall cause Certificate of election to be availed to president elect as evidence of his election thereto.
(5) Once the candidate is declared as elected, the Commission should not interfere into election of that candidate unless directed to that effect by the Court of Law.
(6) After a winner is declared, he must take an oath of allegiance to the United Republic within 14 days from the date of declaration of final presidential results unless a Petition challenging his election has been filed in the Constitutional Court.
(7) The petition referred in subsection (6) above shall be filed within 7 days of declaration of presidential election final results and shall be disposed within 14 days from the date the Petition is lodged.
(8) For Purpose of determining the petition referred in subsection (6) above, the Constitutional Court shall be composed of 7 judges and the decision of the Constitutional Court shall be final and conclusive with regard to presidential election.
Electronic result system
60 . For the purpose of presidential election, the Commission shall:
i. electronically transmit, in the prescribed forms, the tabulated results of an election for the president from a polling station to the constituency tallying center and to the national tallying center.
ii. Tally and verify the results received at the national tallying center; and
iii. Publish the polling results forms on an online public portal maintained by the Commission accessible for public scrutiny.
Declaration of parliamentary results
61. (1) Before declaring and determining the results of an election the Commission may announce the provisional results of an election.
(2) The Commission shall announce the provisional and results in the order in which the tallying of the results is completed.
(3) The Commission determines, declare and publish the results of an election within 24 hours after closing of polling stations.
(4) The Commission shall direct its constituency’s officers to be responsible for tallying, announcement and declaration of election results in a prescribed form from each polling station and in the constituency level for parliamentary and presidential election .
62. (1) The Commission shall, in performing its duties under this Act establish mechanisms for the provision of continuous education and cause to be prepared a voter curriculum.
(2) The mechanism under subsection (1) shall include provisions for partnership with other agencies and non-state actors in the provision of voter education.
(3) The Commission shall not, without unreasonably restrictions cause a person or an institution not to provide voter education thereto.
Accreditation of observers, agents and reporters
63. (1) The Commission shall, at any election called in Tanzania accredit; -
a. Person as an observer, agent or media representative or,
b. Any person or institution to report electoral issues on behalf of the Commission.
Provided that, lawful registered media and journalist shall not be refused to access polling Station or public for a for lack of accreditation status.
(2) All Application for Accreditation shall be made in the manner prescribed by the Commission
(3) In case of a General Election, the Commission shall accredit persons or organizations intending to observe election before the commencement of the Political Party Primaries.
(4) In case of a by-election, accreditation shall be made immediately after the declaration of a vacant seat as declared by the Commission.
(5) The Commission shall, in the manner from which application for accreditation is made or any other prescribed manner, communicate accreditation status to the persons or organization that applied for accreditation.
(6) The Commission shall not, without unreasonably restrict, or prohibiting a person or an institution to become an observer of election.
(7) Accredited organizations shall, soon after election and not later than 60 days, submit observation report to the Commission and cause the copy of its report to be published in its website in the manner that is user friendly.
Electoral Code of Conduct
64. (1) Every political party and every person who participate in an election or referendum under this Act shall subscribe to and observe the electoral code of conduct as shall be set out in the first schedule in such manner as the Commission may determine.
(2) A political party that is eligible to nominate candidate under the constitution and this Act, or any other written law or a candidate nominated to contest for election shall not contest in an election unless the political party and the candidate have subscribed to the Electoral Code of Conduct referred to under subsection 1 above.
Participation in Election by Public Officers
65. (1) A public officer who intends to contest an election under this Act shall resign from public office at least 12 months before the date of the election.
(2) A public officer who intends to contest in a by election under this Act shall resign from public office within two one month before after the occurrence of the reason for the vacant seat.
(3) For purpose of a public officer in The provisions of subsections (1) and (2) above shall not apply for to a person who was before election was serving as;-
a. The President or Deputy President.
b. The Prime Minister, the Minister or Deputy Minister.
c. A member of Parliament.
d. The Counselor or serving in any elective seat in the Local Government.
PART I: ELECTORAL DISPUTE RESOLUTION
The commission to dissolve certain disputes
66.The Commission shall have powers to resolve certain disputes relating to election campaign rules compliance, access to media, frivolous allegations by candidates or any other related disputes.
a. in case of a dispute at the ward level, the dispute shall be referred to the Commission assistant returning officer at the Ward Level .
b. in case of a dispute at the constituency level, the dispute shall be referred to returning officer at the Constituency level.
c. in case of a dispute involving a presidential candidate, the dispute shall be referred to the Commission via the Director of election.
d. Disputes which are being referred in subsection (1) above does not involve disputes relating to nomination procedures and election petition
Postponement of Election by the Commission
66. (1) The Commission may, where a date has been appointed for holding an election, postpone the election in an election area, Ward, or Constituency for such period as it may consider necessary where;
a. there is a reason to believe that a serious breach of peace is likely to occur if the election is held on that date;
b. it is impossible to conduct the elections as a result of natural disaster or other emergencies;
c. there has been occurrence of an electoral malpractice of such a nature and gravity as to make it impossible for an election to proceed.
(2) Where an election is postponed under subsection 1 the election shall be held within 30 days from the date it was postponed.
(3) Notwithstanding the provisions of this section, the Commission may, if satisfied that the results of the elections will not be affected by voting in the area in respect of which substituted date has been appointed, direct that a result of the elections be made.
Determination of Election Petition
67. (1) A Petition to challenge the validity of an election of a counselor shall be determined by the District Court or Resident Magistrate Court where the ward is established.
(2) A Petition to challenge the validity of an election of a member of Parliament shall be determined by the High Court where the constituency is established.
(3) A Petition under subsections (1) and (2) above shall be determined within three months from the date the petition is lodged.
(4) All petitions in subsections (1) and (2) above shall be filed within 14 days from the date results are declared by the Commission responsible Officer;-
a. in proceedings, brought under this section, a Court may grant appropriate relief including but not limited to;
b. a declaration of whether or not the candidate whose election is questioned was validly elected;
c. a declaration as of which candidate was validly elected, or;
d. A declaration for an order for the recount of vote;
e. an order as to whether a fresh election will be held or not.
(5) An appeal in subsection (1) above shall lie to the High Court and on both matters of law and fact and shall be;
(a) Filed within 30 days of the decision of the District Court or Resident Magistrate Court and;
(b) Heard and determined within four months from the date of filing the appeal.
(6) An appeal in subsection (2) above shall lie to the court of appeal and on matters of law and facts and shall be filed in accordance with the Court of Appeal Rules, of which shall be heard and determined within 3 months.
(7) Only the candidate shall have a locus to file election petition.
(8) A candidate may lodge an Election Petition if;-
a. There are allegation of corrupt practices;
b. Noncompliance with the law in the conduct of election;
c. it's proved that there were promises from the Government officials for provision of service in case of a particular candidate is elected;
e. There was character assassination, gender segregation and other foul language.
Provided that, the Court can only nullify final election results if it has been proved that, the alleged irregularities has impacted the outcome of election .
SECURITY FOR COST
69. (1) A petitioner shall deposit security guarantee as published by the Rules made and published by the Chief Justice for the payment of costs that may become payable by the petitioner not more than 14 days after the presentation of the petition under this part.
(2) The Rules made by Chief Justice must be affordable to allow aggrieved party to access the Court for remedy.
Certificate of Court as to Validity of Election
70. The Court at the conclusion of the hearing of an election petition, determining the validity of any question raised in the petition, and shall certify its determination to the Commission and notify the relevant candidates affected by the decision.
Report of Court on Electoral Malpractice
71. (1) The Court may, at the conclusion of the hearing of a petition in addition to any other orders, make a determination on whether an electoral malpractice of a criminal nature may have occurred.
(2) Where the Court determines that an electoral malpractice of a criminal nature may have occurred, the court shall direct that the order be transmitted to the Director of Public Prosecution.
(3) Upon receipt of the order under subsection 2 the Director of Public Prosecution shall;-
a. direct an investigation to be carried out by such state agency as it consider appropriate;
b. based on the outcome of the investigation, commence prosecution or close the matter.
PARTY I. REFERENDUM
72. (1) Where it become necessary to conduct a referendum for any particular matter, the procedures provided under this Act shall prevail.
(2) Where it is necessary to conduct a referendum on any particular issue, the President shall by the notice refer the matter to the Commission for the purpose of conducting a referendum.
(3) Where an issue to be decided in the referendum has been referred to the Commission under subsection (2), the Commission shall frame the question or questions to be determined during the referendum.
(4) The Commission after framing the question or questions to be determined during the referendum in subsection (3) above, shall cause to be submitted to the National Assembly for approval.
(5) The National Assembly may approve one or more referendum questions.
(6) The Commission shall publish the question or questions approved by the National Assembly to the Commission website, Government gazette and circulating print Media of national coverage.
(7) The Commission shall conduct a referendum within 90 days of the publication of the question or questions.
(8) The Commission may assign such symbol for each answer for each question or questions as it may consider necessary.
(9) The symbol assigned under subsection (8) shall not resemble that of the previous or active political party or of any previous or serving independent candidate.
NOTICE OF HOLDING REFERENDUM
73. (1) The Commission shall, within 14 days after publication of the question or questions referred under section 72, publish a notice of holding a referendum and the details thereof in the gazette, in its website and print media of the national circulation.
(2) The notice shall specify;-
(a) The Referendum question or questions and the option of the answer or answers.
(b) The symbols assigned to the answer or answers to the referendum question nor questions.
(c) The date on which the referendum is to be held which shall not be less than twenty one days after the date of the publication of the notice.
(d) The polling time of the referendum.
(e) The day by which the referendum committee shall have registered with the Commission.
(f) The day and time by which campaign in support of or against the referendum questions shall start and cease.
74. (1) Where a referendum question requires Yes or No answer, person intending to campaign for or against the referendum question or questions shall form such national referendum Committees or Constituency referendum Committees as may be necessary.
(2) Where there is more than one referendum questions, person intending to campaign for or against each referendum question shall, on application to the Commission, form one National Referendum Committee each and one Committee each in every Constituency for each referendum question.
(3) A referendum Committee shall apply to the Commission for Registration in a prescribed form.
(4) An Application under subsection (3) shall be accompanied by the information showing that the Applicant adequately represent persons campaigning for or against the Referendum question.
(5) The National Referendum Committee shall Control and regulate the constituency referendum Committee.
(6) A member of a Referendum Committee shall prescribed to and abide by the electoral code of conduct.
(7) Each referendum Committee shall bear its own cost during the campaign period of the referendum.
(8) The Cost referred under subsection (7) shall include payments of the agents of the respective referendum Committees.
75. (1) The conduct results and validity of the Referendum may be challenged by way of a petition to the High Court.
(2) A petition challenging the Conduct, results or validity of the referendum shall;-
(a) Set out the facts relied on to invalidate the Referendum;
(b) Identify the specific matter or matters on which the Petitioner rely as justifying for the grant of the relief sought;
c. Contain a request for the relief for which the Petitioner claim to be entitled;
d. Be filed in the High Court within 14 days of the publication of the notice of the results of the referendum in the Gazette ;
(3) A referendum Petition may be presented on any of the following grounds;-
(a) In respect of the results of the voting in all Constituencies or in anyone Constituency that corrupt practices prevailed at or in relation to the voting at the referendum in that Constituency or there was an error or misconduct, whether by act or omissions, on the part of the referendum officer.
(b) In respect of the declared results of the referendum, that there was an error in the Counting or tallying of the votes cast in the referendum.
(4) A referendum Petition shall be heard and determined by a bench of five Judges.
Persons who may present Referendum Petition
76.(1) A referendum Petition may be presented by:-
(a) In case of the Petition in respect of the results of the voting in a Constituency, a person who lawfully voted or had a right to vote in that Constituency at the Referendum .
(b) In case of a Petition in respect of a declared National referendum results, a person who voted or has the right to vote in the referendum.
(c) The Attorney General on behalf of the Government.
(d) In any other case, the Commission.
(2) A referendum Petition shall be heard and determined within thirty days from the date of the presentation of the Petition .
(3) Any petition filed in respect of the referendum shall be heard in Open Court.
PARTY I: ELECTORAL OFFENCES
Offence by Officer of the Commission
77. (1) It shall be an offence for officer of the Commission to:-
(a) Temper with the systems of the Commission;
(b) Illegally disclose any confidential information obtained in the cause of his duties;
(c) Produce false information;
(d) Commit Perjury.
(2) Any person convicted of an offence shall be liable for a fine not less than 10 million Tanzanian Shillings and not more than 30 million Tanzanian Shillings or imprisonment for a term not less than 5 years and not more than 8 years or both.
78. Any person who;-
a. forges, fraudulently defaces or destroys a nomination paper, or any other document relating to registration of a voter or delivers to a returning officer any nomination paper, knowing it to be forged;
b. forges or counterfeits or fraudulently destroy a ballot paper or the official mark in a ballot paper or;
c. without authority supplies a ballot to any person or;
d. sells or offers to sell a ballot paper to any person or purchases or offers to purchase a ballot paper from any person or;
e. not being a person entitled under this law made under it to be in possession of a ballot paper which has been marked with official mark, has such a ballot paper in his possession or;
f. knowingly and intentionally puts a ballot box anything other than the ballot paper which he is authorized by the law to put in or;
g. without authority destroy, takes, open or interfere with a ballot box, ballot paper or packet of ballot paper in use or intended to be used for the purpose of an election or;
h. without authority print a ballot paper or what purport to be or is capable of being used as a ballot paper at an election or;
i. not being authorized to do so under this law make a mark on a ballot paper issue to a person, other than himself, with intent that the ballot paper shall be used to record the vote of that person;
commit an offence and is liable on a conviction to a fine not exceeding 5 million Tanzanian Shillings or imprisonment to a term not exceeding five years or both and shall, for a period of five years from the date of the expiration of his term of imprisonment be disqualified from being registered as a voter or voting at an election.
CHAPTER 15: GENERAL PROVISIONS
FACILITATION OF PERSONS WITH DISABILITIES
79. (1) The Commission shall for the purpose of ensuring that persons with special needs including persons with disabilities, pregnant women, elderly realizes their rights to vote-
j. Put in place appropriate infrastructures including special voting booth;
k. Have in each polling Station such number of officers to facilitate voting for people with disabilities.
Duty to comply
80. It shall be duty for every public officer or private entity to cooperate with the Commission during election or referendum and not to hinder the Commission in carrying out its functions.
81. National Election Act, 1985 is hereby repealed