Voter registration and the resolution of registration disputes

Under Section 10(6) of the Electoral Act, an individual seeking to register for elections may have their application for registration rejected. The use of the word application implies that it is upon the individual to prove to an election officer that he is competent to register in respect of a particular polling station.

That is a different matter to whether they have a right to vote. At any other time, any person who claims to be entitled to registration may, if he is not already a voter, make an application for registration by attending before a registration officer for the constituency which contains that polling station in respect of which he claims to be entitled to registration. The problem comes in a situation where an application for registration is rejected, objected to or where registration is cancelled.

 Appeals under the Electoral Act are made to magistrates. For example, an applicant whose application has been rejected under section 10(6) may appeal to a magistrate. To make an appeal, one must complete a “Form F”, and deliver it to the principal registration officer for the constituency where they applied within a period of seven days after the rejection of the application. This time requirement emphasises the need for early registration. One may be denied a right to appeal where their rejection happened on the last day of registration as compliance with the ten day notice would be impossible. The appeal process is simplified. On receipt of any notice of appeal the principal registration officer sets down the appeal for hearing before a magistrate and the magistrate appoints a place, expeditiously, for the hearing. Once the Principal Officer has filed the matter with court, he or she is obligated to notify the appellant of the day and place appointed by the magistrate for the hearing.

Editor's Comment
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