Electoral Laws Amendment Act 1 of 2019 (English / Afrikaans)

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1 of 2019

The Electoral Laws Amendment Act 1 of 2019 aims to amend the:

  • Electoral Commission Act, 1996, so as:
    • to provide for the use of all available sources of data to obtain information necessary for the Commission to compile and maintain the national common voters’ roll;
    • to provide for the electronic submission of party registration applications;
    • to provide for the exclusive jurisdiction of the Electoral Court to adjudicate intra-party leadership disputes that have an impact on the Commission’s preparation for elections;
    • to provide for the prohibition of the use of the name and its acronym, logo, designs or electoral material used or owned by the Commision;
  • Electoral Act 1998, so as:
    • to revise the existing provisions relating to voter registration, voters’ roll, voting districts and voting procedure;
    • to regulate the publication of, and objections to, a provisionally compiled voters’ roll ahead of elections in order to establish a structured process for resolving these objections without jeopardising the preparations for elections;
    • to clarify that the election timetable may include any matter authorised in terms of the Electoral Act;
    • to clarify that the voter’s roll to be used in an election must be that certified by the chief electoral officer for that election;
    • to clarify that the cut-off date for the registration of voters for an upcoming election must be the date of proclamation of an election date;
    • to provide for the chief electoral officer to notify the relevant parties where a candidate’s name appears on multiple party lists and to afford such parties an opportunity to substitute that candidate and re-order their party lists;
    • to repeal the requirement that the identity document of a voter must be stamped as proof of voting;
    • to provide for different voting procedure for voters without addresses on the voter’s roll; to provide for the circumstances under which an agent may object to a voter whose name appears on the segment of the voters’ roll for the voting district in which the voting station is located;
    • to limit the class of persons who may apply for accreditation to provide voter education for an election to juristic persons; 
    • to align the provision regarding the circumstances in which new ballot papers may be issued to voters with the provisions of the Local Government: Municipal Electoral Act, 2000; and 
  • Local Government: Municipal Electoral Act, 2000, so as:
    • to regulate the publication of, and objections to, a provisionally compiled voters’ roll ahead of elections, in order to establish a structured process of resolving these objections without jeopardising the preparation for elections;
    • to provide for the prohibition of the use of public finances to fund party political campaigns, and
  • to provide for matters connected therewith.

Commencement

6 March 2019 (Government Gazette 42289, 6 March 2019)