By Kebba AF Touray
The Elections Bill 2021 obliges the Independent Electoral Commission (IEC) to provide enough security for candidates vying for the Office of President of the Republic of the Gambia in Clause 154.
The Clause has undergone both the first and second reading stages in parliament and now craves the consideration stage for possible adoption by Members of the National Assembly and final assent by the President for it to become law.
The Clause, which specifically obliges the IEC to ensure enough security for presidential candidates and states that: “The Commission shall in consultation with the Inspector General of Police provide a candidate vying for the office of President, enough security for his or her personal protection during the period of election campaign.”
Clause 155 of the Bill provides for coalition arrangements for a candidate or a political party as it allows for a coalition with other candidates or political parties. Clause 155 provides that a candidate or political party may form a coalition with any other candidate or political party to run for an election. Clause 153, which deals with the Elections calendar, mandates the IEC to put a notice in the Gazette by publishing a calendar of election dates at least (a) one year before the conduct of any public elections and (b) six months before the conduct of such referendum.
The Bill also creates room for the IEC to conduct voter education for qualified voters by stating in Clause 152 that “The Commission shall carry out a continuous program of voter education in The Gambia and in foreign countries, in collaboration with the relevant public, civil society and technical partners.”
Another issue that the Election Bill prohibits is communication with voters at polling stations, however, it allows only polling officers or security officers on duty to do so.
In Clause 139, the Election Bill clearly outlines in sub clause (1) subject to sub-section (2): “a person other than a polling officer or security officer on duty shall not except with the authority of the Presiding Officer, communicate with a voter who is in or in the immediate precincts of a polling station.”
The Bill also specifies punishment for general offences if a person commits an offence under the Act for which no penalty has been prescribed by stating in Clause 127 the following: “A person who commits an offence under the Criminal Code Act for which no penalty has been prescribed, is liable upon conviction to a fine not exceeding five thousand Dalasis or to an imprisonment not exceeding six months or to both fine and imprisonment.”
The Bill, among others, seeks to introduce a detailed procedure and analysis in the publication of the final results by the Chairperson of the Independent Electoral Commission after the conduct of a particular election or referendum and during the declaration of results.
