By Kebba AF Touray
The Elections Bill 2025 grants election officers the authority to seize any voter’s card they suspect invalid, pending further investigation.
Clause 5 of the bill states: “An Election Officer may seize and retain any voter’s card which he or she suspects to be invalid, pending an inquiry.”
Further, Clause 26, which deals with omissions and objections, outlines specific procedures for individuals whose names may have been erroneously omitted from the voter register or included in a list of deletions. Sub-clause 1(a) stipulates that individuals who claim to be registered but whose names are absent from the list may file an objection. Sub-clause 1(b) addresses cases where a person’s name has been improperly deleted, while sub-clause 1(c) provides for claims by individuals seeking to have their names either added or removed from the list of voters.
The bill specifies that individuals must file appeals within 14 days of the publication of the voter list. “A person shall, within fourteen days from the date of publication of the list, appeal to the appropriate Electoral Officer to have his or her name inserted or expunged, as the case may be,” states the bill.
Moreover, Clause 26(2) requires that any appeal be submitted in writing using a prescribed form. Clause 2 mandates the Election Commission to ensure that voter cards are properly issued and include details such as the voter’s constituency or foreign country of registration.
To safeguard voters’ rights, Clause 9 affirms that a person’s right to vote will not be compromised by an appeal under this section. It further clarifies that votes cast by eligible voters, despite ongoing appeals, will remain valid. “The right of a person whose name is on a register of voters to vote at an election shall not be prejudiced by any appeal pending under this Part,” Clause 9 reads. “Any vote given at an election in pursuance of that right shall be as good as if no appeal were pending.”
The bill also provides for the payment of costs in appeal cases. Clause 10 grants the court the discretion to order the payment of costs, whether in whole, part, or proportionally among the interested parties, based on the court’s judgment.
In terms of election logistics, Clause 65 specifies polling hours, which will commence at 8 a.m. and close at 5 p.m. Sub-clause 3 dictates that, at 5 p.m., a security officer will ensure that no additional individuals join the queue after the designated closing time.
The Elections Bill 2025 seeks to repeal the Elections Act, Cap. 3:01, and introduce a new framework for elections in The Gambia, aligning with best practices to uphold the principles of free and fair elections. The changes are expected to streamline the electoral process while addressing concerns of voter eligibility and registration accuracy.
