Opinion

Election Offences During VotingDay That You’re Likely To Commit And Legal Tips On Handling Electronic Evidence

Police quelling a violent protest during 2013 elections.

 

Some legal tips on handling electronic evidence this election period. If you take a video or photo of any event, for it to be credible, it must be extracted from your device by a qualified police evidence expert. Hence, if you share the photo on social media, it may not count as evidence. Hence, take your device to the police, ODPP or IEBC for them to advise on how to extract the evidence so that it counts in court.

 

Serious and severe election offenses that may arise on the voting day:

1. Do not take any selfies of your Ballot Papers or the inside of the Polling Station. It’s an offence. We may have done it during party nominations but it was wrong. It’s illegal.

2. Do not be a good Scout and help anyone in filling or marking their Ballots at a polling station. It’s illegal unless you are the designated person to assist and you follow the laid down procedure.

3. Do not take any Souvenir Ballot papers Home as proof that you voted on 8.8. 2017, just because you don’t feel like voting for any Governor or Women’s Rep. position, please don’t remove those unmarked ballots, despite the great temptation to.

4. Do not touch or handle any IEBC materials or equipment apart from those handed to you e. g. ballot papers or where you are directed to use e. g. the voting booth. It’s an offense.

5. At all costs avoid the temptation to handle, lift, shake or check if the Ballot Box is full. It’s illegal. Should the Presiding Officer form the opinion that you are disrupting the voting process, you would be in trouble.

6. IEBC Materials belong to IEBC. For purposes of the voting day pretend they are not purchased using Tax payers money.

Let’s read and familiarize ourselves with the Election Offences Act 2016 and share information on any old offenses and any old habits that have been criminalized in the new Act. e. g. it would appear that impersonating a person living with a disability or a sick person to gain priority voting without queuing is an offense.

Some few important Norms and standards for IEBC that this election will be free fair and credible to the most attainable standards*.

1. IEBC has made it clear that any mischievous activity at a polling station will be the responsibility of the electoral officials there. If the PO messes up then he will be crucified alone. If each polling station produces good work then we are guaranteed credible results.

2. The issue of ballot papers not stamped at the back is a criminal offense. IEBC has instructed all POs to note the names of clerks 3, 4 and 5 and ensure at all times that the ballot papers are stamped. POs and DPOs will ensure that each ballot paper issued is stamped.

3. KIEMS is designed to capture the details of each voter biometrically and as such no dead voters will vote. If at all the voter is not found biometrically then the alphanumerical search is initiated and the PO will cross check the details on ID and the one found and if it’s not matching then he can either validate or invalidate the voter allowing him/her to vote or not. The PO is required to fill form 32A whenever he validates a voter. It’s important to note that the manual register is a print out of the KIEMS and if the voter is not found in KIEMS then he cant and won’t be allowed to vote.

4. At the close of voting, KIEMS notifies the RO that the station has been closed and it calculates the number of voters who have been identified which must tally with the number of ballot papers issued.

5. The ballot papers have specific serials for each polling station and therefore no ballot papers of other stations can be found somewhere else.

6. When transmitting results KIEMS would not allow the number of votes to exceed the limit of 700 meaning no candidate can have more votes i.e no stuffing of ballot papers.

7. The number of ballot papers issued to each candidate must tally because every single voter MUST be issued with 6 ballot papers ensuring that no elective position will have more votes meaning the tally of votes must match for each polling station.

8. Result Transmission will be once and witnessed by all agents present. The forms 34A to 39A must be filled and signed by all agents presents who confirm the results being sent.

IEBC is determined to ensure the elections are free, fair and credible. This is at least from their verbal commitments, therefore, we must accord then the benefits of doubts.

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