©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 69 CHAPTER 292 THE LOCAL AUTHORITIES (ELECTIONS) ACT [PRINCIPAL LEGISLATION] Arrangement of Sections Section Title part i PRELIMINARY PROVISIONS 1. Short title.� 2. Interpretation.� 3. Application.� 4. Directions and notices of Electoral Authority.� 5. Repealed.� part ii ELECTORAL AUTHORITY 6. Repealed.� 7. Conduct of elections.� 8. Wards.� 9. Returning Officers and staff.� 10. Registration officers and staff.� 11. Repealed.� part iii HOLDING OF ELECTIONS AND TENURE OF OFFICE OF COUNCILLORS 12. Ordinary election.� 13. By-election.� 14. Representation of wards and tenure of office of councilors.� part iv REGISTRATION OF VOTERS 15. Qualification for registration.� 16. Provisional Voters’ Register.� 17. Register of Voters.� 18. Disqualification for registration.� 19. Person shall not be registered in more than one ward.� 20. Registration agents.� ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 70 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] 21. Repealed.� 22. Place of and disqualification for voting.� 23. Change of name.� 24. Time for registration.� 25. Voter’s card.� 26. Change of residence.� 27. Voter’s card lost, defaced or destroyed.� 28. Amendment of particulars.� 29. Declaration relating to lost or destroyed voter’s card.� 30. Refusal of application.� 31. Inspection of Provisional Voters’ Register.� 32. Inclusion of name in Provisional Voters’ Register.� 33. Objections.� 34. Procedure for making objections.� 35. Inquiry and determination by Registration Officer.� 36. Objector or person objected to may appeal.� 37. Appeals to District Court.� 38. Provisions consequential to additions to or deletions from Provisional Voters’ Register under this Part.� part v VOTING 39. Persons entitled to vote.� 40. Disqualification for voting.� 41. Place of voting.� part vi QUALIFICATION OF CANDIDATES FOR ELECTION 42. Qualification of candidates.� 43. Disqualification for nomination.� part vii NOMINATION OF CANDIDATES FOR ELECTION 44. Nomination day.� 45. Nomination of candidates.� 46. Candidate to be nominated for one seat only.� 47. Objections to and decision as to validity of nomination form.� 48. Procedure after determination of validity of nomination.� 49. Procedure if no candidate is validly nominated.� 50. Photographs.� ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 71 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] part viii ELECTION DAY 51. Candidates nominated and election day.� 52. Notices of election.� part ix WITHDRAWAL, DEATH AND ABSENCE OF CANDIDATES 53. Withdrawal of candidature.� 54. Death of candidates.� 55. Absence of candidates.� 56. Disqualification of candidates.� part x THE ELECTION CAMPAIGNS 57. Election campaigns.� 58. Repealed.� 59. Payment by candidates.� part xi ELECTION PROCEDURE 60. Polling days and time.� 61. Arrangements for contested election.� 62. Polling agents.� 63. Ballot boxes.� 64. Form of ballot paper.� 65. Prohibition of disclosure of vote.� 66. Method of voting.� 67. Admittance to polling station.� 68. Allegations of irregularities.� 69. Repealed.� 70. Declaration by voters.� 71. Repealed.� 72. Adjournment of poll in case of riot.� 73. Closing of poll.� 74. Procedure on closing of poll.� 75. Place of counting.� 76. Methods of counting votes.� 77. Counting agents.� 78. Repealed.� 79. Persons who may be present.� ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 72 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] 80. Repealed.� 81. Ballot papers which are not to be counted.� 82. Endorsements by Returning Officer.� 83. Rejected ballot papers.� 84. Equality of votes and recount.� 85. Candidate or counting agent may require recount.� 86. Returning Officer’s decision final.� 87. Vote addition in local authority election.� 88. Declaration of results.� 89. Custody of documents.� 90. Powers of polling assistant.� 91. Powers of candidates.� 92. Non-attendance of agents not to invalidate proceedings.� part xii NOMINATION OF COUNCILLORS FOR WOMEN SPECIAL SEATS 93. Nomination of women for special seats.� part xiii OFFENCES 94. Offences in relation to registration.� 95. Official discouragement.� 96. Election Officer’s misconduct.� 97. Recovery of loss.� 98. Definition of election officer.� 99. Offences in relation to Provisional Voters’ Register and voter’s card.� 100. Registration officers misconduct.� 101. Offences in relation to nomination forms or ballot papers.� 102. Miscellaneous offences.� 103. Maintenance of secrecy at elections.� 104. Penalty for undue influence.� 105. Penalty for impersonation.� 106. Repealed.� 107. Repealed.� 108. Repealed.� 109. Persons to be deemed guilty of undue influence.� 110. Undue influence in relation to Returning Officers.� 111. Persons to be deemed guilty of impersonation.� 112. Penalty for persons guilty of certain illegal practices.� ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 73 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] 113. Interference with lawful public meeting to be illegal practice.� 114. Display of emblems in vicinity of place of voting prohibited.� 115. Defacement of notices.� 116. Documents to bear name and address of printer and publisher.� 117. Persons convicted of corrupt or illegal practices to be removed from register.� part xiv AVOIDANCE OF ELECTIONS BY ELECTION PETITIONS 118. Avoidance of election by election petition.� 119. Certain acts or omission to be exempt.� 120. Petitions triable by Resident Magistrates’ Court.� 121. Petitions and deposit of security for costs.� 122. Relief which may be claimed.� 123. Certificate of court as to validity of election.� 124. Repealed.� 125. Time for presentation and determination of election petition.� 126. Vote to be struck off at scrutiny.� 127. Rules of Court.� part xv FINANCIAL AND MISCELLANEOUS PROVISIONS 128. Inaccurate descriptions.� 129. Powers of registration officers and Returning Officers to demand information.� 130. Remuneration of staff.� 131. Expenses to be charged on Consolidated Fund.� 132. Service of notice.� 133. Exemption from stamp duty.� 134. Disposal of forms and records.� 135. Repealed.� 136. Regulations.� 137. Repeal.� ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 74 PART I PRELIMINARY PROVISIONS 1. This Act may be cited as the Local Authorities (Elections) Act. 2.–(1) In this Act, unless the context requires otherwise- “Act” means, in relation to district authority, the Local Government (District Authorities) Act, and in relation to an urban authority, the Local Government (Urban Authorities) Act; “campaign period” in relation to councilors’ election, means the whole period commencing immediately after the nomination day up to the day immediately preceding election day; “candidate” means a person who submits himself for election to a local government authority; Provided that, for the purposes of the provisions of this Act which relate to a time after the nomination of candidates, it does not include a candidate whose nomination is declared invalid by the Returning Officer or who withdraws his candidature; Short title Interpretation Caps. 87 and 88 Acts Nos. 3 of 1983 s. 2 7 of 1992 s. 2 1 of 1993 Sch. 13 of 2004 s. 41 7 of 2010 s. 28 CHAPTER 292 THE LOCAL AUTHORITIES (ELECTIONS) ACT An Act to provide for the law relating to elections to local government authorities [9th March, 1979] [GN. No. 63 of 1981] Acts Nos. 4 of 1979 7 of 1982 3 of 1983 8 of 1985 23 of 1991 7 of 1992 1 of 1993 4 of 1993 14 of 1993 11 of 1994 15 of 1994 4 of 2000 10 of 2000 25 of 2002 13 of 2004 3 of 2005 11 of 2005 13 of 2006 7 of 2010 17 of 2010 2 of 2013 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 75 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] “close of polls” means the latest close of poll in polling station in relation to any election; “contested election” means an election in a ward at which there are more candidates than vacancies; “Council” means- (a) in relation to a district, a District Council; (b) in relation to a city, a city Council; (c) in relation to a municipality, a Municipal Council; and (d) in relation to a town, a Town Council established or deemed to have been established under the Act; “counting agent” means a person appointed as a counting agent under the provisions of section 77; “district authority” means a District Council, a Township Authority or as the case may be a Village Council; “election” means an election in a ward of an elected member of a local authority and includes a by-election for that purpose; “election day” in relation to any ward, means the day appointed under section 51 or any days substituted for it in accordance with the proviso to that section or, in the case of an election in which the candidate is declared elected under subsection (2) of section 48 means the date on which he was declared elected; “election officer” includes the Regional Election Co-ordinator, Returning Officer, Assistant Returning Officer, Presiding Officer; Polling Assistant, Regional Registration Coordinator, Registration Officer, Assistant Registration Officer, Registration Assistant, Camera Operator and Direction Clerk; “Electoral Authority” means the National Electoral Commission established by Article 74 of the Constitution; “local authority election” means the election of a member to a local government authority; “local government authority” means a district authority or an urban authority established or deemed to have been established under the Act; Cap. 2 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 76 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] “member” means an elected member of a local government authority and includes a Councillor for women special seats; “Minister” means the Minister responsible for local government authorities; “nomination” means nomination as a candidate for election to a local government authority and includes declaration of councilors for women special seats; “nomination day” means a day appointed as nomination day; “person” means a natural person; “political party” means a party registered under the Political Parties Act; “polling agent” means a person appointed under the provisions of section 62; “polling assistant” means a person appointed as a polling assistant under the provisions of paragraph (b) of section 61; “polling district” in relation to an election in a ward means a ward declared under the Act; “polling station” means a polling station specified under the provisions of section 52; “presiding officer” means a person appointed under the provisions of paragraph (c) of section 61 to be in charge of a polling station; “Provisional Voters’ Register” means a register established under section 16; “qualified” or “qualification” means - (a) when used in relation to a person claiming to be entitled to be registered as a voter, qualified to be or qualification as a voter; (b) when used in relation to a person claiming to be qualified as a candidate for a local authority election, qualified to be or qualification as a candidate for election to a local authority for the ward in question; “register” means the register established under section 17; Cap. 258 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 77 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] “registration officer” means a person appointed under section 10 and includes an Assistant Registration Officer; “Returning Officer” means a person appointed under section 9 and includes an Assistant Returning Officer, and the Returning Officer in relation to a polling district means the Returning Officer appointed for that polling district; “voter” means any person who qualified to vote at an election in accordance with the provisions of this Act; “voter’s card” means a card issued under the provisions of this Act verifying that, the person named in such card has been registered as a voter; “ward” means a division of the jurisdiction of a local government authority demarcated in pursuance of the provisions of the Act and declared to be a ward of that local government authority under section 8 for the purposes of this Act. (2) Reference in this Act to an election in a ward shall be construed as reference to the local government authority election in a ward demarcated in pursuance of the provisions of the Act and declared for the purposes of this Act. 3. This Act shall apply to all local government authorities in respect of which it is provided that some or all of the members shall be elected. 4. The regulations, directions and notices which an Electoral Authority is empowered to make, issue or give, shall be deemed to have been validly made, issued or given, where they are made, issued or given under the signature of the Chairman of the Electoral Authority or Executive Officer of the Electoral Authority. 5. [Repealed by Act No. 7 of 1992 s. 3.] Application Directions and notices of Electoral Authority Repealed ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 78 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] PART II ELECTORAL AUTHORITY 6. [Repealed by Act No. 1 of 1993 Sch.] 7. The conduct of an election shall be subject to the direction and supervision of the Electoral Authority having jurisdiction in the area where the election is conducted. 8. Where the Minister establishes a ward in accordance with the provisions of the Act, that ward shall be a ward for the purpose of election under this Act. 9.–(1) For the purposes of any local government authority election held under this Act, a City Director, Municipal Director, Town Director and District Executive Director shall be a Returning Officer for the local government authority in respect of which he is a Director. (2) The Commission shall appoint by office a number of Assistant Returning Officers as it may deem fit. (3) Subject to directions as the Returning Officer may issue, an Assistant Returning Officer may exercise and perform the powers and duties conferred or imposed on a Returning Officer other than the power of appointment conferred by subsection (2) and, except with respect to the power of appointment every reference in this Act to the Returning Officer shall be deemed to include a reference to an Assistant Returning Officer. (4) Returning Officers may, subject to the directions of the Electoral Authority, employ staff as they may require to carry out their functions under the provisions of this Act. (5) A Returning Officer and Assistant Returning Officer shall upon his appointment subscribe before a magistrate an oath of secrecy in the prescribed form. (6) Notwithstanding subsection (1), the Director of Election may, where circumstances require, by notice published in the Gazette, appoint any person by name or Repealed Conduct of elections Wards Acts Nos. 3 of 1983 s. 3 11 of 1994 s. 3 Returning Officers and staff Acts Nos. 3 of 1983 s. 5 10 of 2000 Sch. 13 of 2004 s. 43 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 79 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] office to be a Returning Officer for any local government authority instead of the one referred to in subsection (1) and where a person is appointed, the City Director, Municipal Director, Town Director or District Executive Director as the case may be, shall cease to be the Returning Officer of the local authority. 10.–(1) For the purposes of registration of voters under this Act, a City Director, Municipal Director, Town Director and District Executive Director shall be a Registration Officer for the local government authority in respect of which he is a Director. (2) The Commission may, from amongst public officers, appoint by office or name a number of Assistant Registration Officers for the purpose of registering voters. (3) Notwithstanding the provisions of subsections (1) and (2), the Commission may, where circumstances require, by notice published in the Gazette appoint a person holding a public office by name or by office to be a Registration Officer in any Local Government Authority instead of the one referred to in subsection (1), and where the person is appointed, the City Director, Municipal Director, Town Director, District Executive Director, as the case may be, shall cease to be a Registration Officer of that Local Authority. (4) Subject to the directions as the Registration Officer may issue, an Assistant Registration Officer may exercise and perform the powers and duties conferred or imposed on a registration officer other than those conferred or imposed by subsection (2) and, except with respect to the power of appointment, a reference in this Act to the Registration Officer shall be deemed to include a reference to an Assistant Registration Officer. (5) A Registration Officer shall, before embarking on the functions of that office, take and subscribe to an oath of secrecy in the prescribed form before a Magistrate. Registration officers and staff Acts Nos. 13 of 2004 s. 44 3 of 2005 s. 22 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 80 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] (6) Registration Officers may, subject to the directions of the Electoral Authority, employ staff as they may require to carry out their functions under the provisions of this Act. 11. [Repealed by Act No. 7 of 1992 s. 5.] PART III HOLDING OF ELECTIONS AND TENURE OF OFFICE OF COUNCILLORS 12.–(1) There shall be held an ordinary election of councillors of the local government authorities in every fifth year after the previous ordinary election, and whenever a new Council is established. (2) Notwithstanding the provisions of subsection (1), the ordinary election shall not be held where establishment of a new Council has not altered the boundaries of the Parliamentary constituencies. (3) An ordinary election of Councillors of a local government authority shall be held in every ward or as the case may be in any particular ward of that local government authority on a date as the Electoral Authority shall, by order published in the Gazette, prescribe. (4) An order made under this section shall specify the day or days on which Returning Officers may receive nomination of candidates for election in any ward to which the order relates. 13.–(1) The Minister shall declare a seat of any member of a Council to be vacant when he is informed in writing by the Chairman of the Council that- (a) a member has died or resigned; (b) a member is, by virtue of the terms of or under this Act or any other written law, disqualified from or should be declared to be incapable of becoming or continuing to be a member; Repealed Ordinary election Acts Nos. 3 of 1983 s. 7 8 of 1985 Sch. 11 of 1994 s. 4 4 of 2000 Sch. 13 of 2006 s. 24 By-election Act No. 7 of 2010 s. 29 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 81 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] (c) the election of a member is declared void; (d) the seat of a member is deemed to be vacant under this Act; or (e) a member has ceased to be a member of a political party which sponsored that member as a candidate. (2) A vacancy which is declared vacant pursuant to subsection (1) shall be deemed to be a causal vacancy for the purpose of this Part. (3) For the purpose of filling causal vacancies which occurred in various wards during the calendar year, the Electoral Authority shall hold the by-election at least twice in a year on the dates as the Electoral Authority shall, by order published in the Gezette, appoint. (4) An order under this section shall specify the day or each day or days on, and the hours within which returning officers may receive nominations of candidates for election in any ward to which the causal vacancy occurred. (5) A member filling a casual vacancy shall hold office for the unexpired portion of the term of the office of the member whose seat is vacant. (6) Where a casual vacancy occurs within twelve months immediately preceding the ordinary date of the expiry of the term of the member in respect of whom the vacancy occurs, a nomination or election shall not be made or held to fill the vacancy, but the vacancy shall be filled at the next ordinary nomination or election. (7) A poll shall not be conducted in any by-election in which there is no contested election. 14.–(1) There shall be one councilor elected for each ward into which the area of a Council is divided and a Councillor shall, with effect from the date following the date on which the election results are confirmed by the Returning Officer, be an elected member of the Council for which he has been elected. (2) Subject to the provisions of this Act, the term of office of an elected member of a Council shall be five years and the elected members shall retire on the fifth anniversary of the Representation of wards and tenure of office of councilors Acts Nos. 3 of 1983 s. 9 8 of 1985 Sch. 7 of 2010 s. 30 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 82 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] date on which they assumed their office under subsection (1), and their place shall be filled by newly elected members who shall come into office on that day; but a member elected in a by-election shall hold office only for the remainder of the term of office of his predecessor. PART IV REGISTRATION OF VOTERS 15.–(1) A citizen of Tanzania who has attained the age of eighteen years shall, unless he is disqualified by this Act or any other written law, be entitled to be registered in accordance with the provisions of this Act as a voter. (2) Notwithstanding the provisions of subsection (1), and subject to proof of age, any Tanzanian not disqualified by the Act or any other written law, who on the date of election will attain the age of eighteen years, shall be entitled to be registered as a voter in accordance with the provisions of the National Elections Act. 16.–(1) The Commission shall, for purposes of preparation of a Permanent National Voters’ Register, establish a Provisional Voters’ Register. (2) The Provisional Voters’ Register shall be used for- (a) displaying for inspection by the public; (b) amendments regarding change of residence or any other particulars of the voter; (c) making objection against registration of any voter; (d) inclusion or deletion of the name of the voter in the register; and (e) effecting any other corrections or amendments as may be required under this Act. [s. 15A] Qualification for registration Act No. 13 of 2004 s. 45 Cap. 343 Provisional Voters’ Register Act No. 13 of 2004 s. 46 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 83 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] 17.–(1) Subject to this section, for the purposes of this Act, there shall be a Permanent National Voters’ Register which shall be in parts, chapters or divisions as the Commission shall determine. (2) The Director of Elections shall keep, maintain and up-date a register in accordance with the provisions of the National Elections Act. (3) The Director of Elections may by regulations, give directions to the Registration Officer or Assistant Registration Officer on matters relating to registration of voters, contents of a voters’ register, or any other related matter. [s. 15B] 18.–(1) A person shall not be qualified for registration as a voter or shall be registered under this Act where- (a) he is under a declaration of allegiance to some country other than Tanzania; (b) under any law in force in Tanzania, he is adjudged or otherwise declared to be of unsound mind or is detained as a criminal lunatic or during the pleasure of the President; (c) he is under sentence of death imposed on him by any court in Tanzania or sentence of imprisonment by whatever name called exceeding six months imposed on him by the court or substituted by competent authority for some other sentence imposed on him by that court; and (d) he is disqualified from registering as a voter under the provisions of this Act or any other law in force relating to offences connected with any election. (2) For the purposes of paragraph (c) of subsection (1)- (a) two or more sentences that are required to where none of them exceeds six months but where any one of them exceeds six months they shall be regarded as separate sentences; and Register of Voters Act No. 13 of 2004 s. 46 Cap. 343 Disqualification for registration ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 84 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] (b) an account shall not be taken of a sentence of imprisonment imposed as an alternative to, or in default of the payment of a fine. (3) Where a person registered under this Act ceases to be qualified for registration as a voter his name shall be deleted from the register: Provided that, a name shall not be deleted from a register, except in accordance with the provisions of this Part or on the report of a court that person has been guilty of a practice which disqualifies him from registering or voting. [s. 16] 19. A person shall not be registered as a voter in more than one ward. [s. 17] 20.–(1) A political party may appoint one person to be a registration agent for each registration centre within the ward, for the purpose of- (a) detecting qualified persons for registration; and (b) assisting the registration assistant to secure a smooth compliance with the relevant laws and procedures pertaining to the conduct of the registration of voters. (2) For the purpose of subsection (1), a political party shall by notice in writing, notify the Registration Officer of the appointment not later than seven days before the date set for the commencement of registration of voters or within a shorter time as the Electoral Authority may allow. (3) The notice under subsection (2) shall state the name of the agent so appointed, name and address of the registration centre to which the agent is assigned. (4) Where a registration agent dies or becomes incapable of acting as such, the political party concerned may appoint another registration agent in his place, and immediately give to the Registration Officer and Registration Assistant Person shall not be registered in more than one ward Registration agents Act No. 7 of 2010 s. 31 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 85 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] concerned, a notice in writing of the name and address of the registration agent appointed and registration centre to which he is appointed. (5) A political party may, in the notice given under subsection (2), appoint an alternate registration agent who may be present and perform any of the functions of a registration agent in the absence of the registration agent from the registration centre, whether permanently or temporarily. (6) The Registration Assistant shall, with the assistance and co-operation of the registration agent, deal with each complaint at the registration station as soon as it arises and is brought to his attention by any person who wishes to be registered. [s. 17A] 21. [Repealed by Act No. 13 of 2004, s. 47.] [s. 18] 22.–(1) Subject to the provisions of this Act, any person who is entitled to be registered as a voter under this Act, shall be registered as such and a person who is registered as a voter in any ward shall be entitled to vote at any election in that ward shall be entitled so to vote only at the ward where he is registered and not elsewhere. (2) Notwithstanding the provisions of subsection (1), a presiding officer or polling assistant at any ward shall not permit any person to vote at that ward, unless that person satisfies the presiding officer or, as the case may be, the polling assistant, that he is the voter he claims to be by producing to him the voter’s card issued to that person or any other documents as the Commission may direct. (3) Notwithstanding that a person is registered as a voter under this Act he shall not be entitled to vote in any election where any circumstances arise in relation to him which, if he were not so registered, would cause him to be disqualified for registration under this Act. Repealed Place of and disqualification for voting Acts Nos. 3 of 1983 s. 12 13 of 2004 ss. 48, 55 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 86 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] (4) Notwithstanding any other provisions of this Act the Director of Elections or any person authorised in that behalf by the Director of Elections may, by a certificate under his hand, authorise a registered voter who is a candidate at an election in that ward or, as the case may be, in the polling station specified in that certificate whether or not that candidate is registered as a voter in that polling station. (5) Notwithstanding any other provision of this Act where a voter registered as a voter in any ward is employed as a Returning Officer, presiding officer, police officers or in any other official capacity to a ward other than the one allocated to him, the Director of Elections or any person authorised in that behalf by Director of Elections may by a certificate under his hand authorise the voter to vote at any other polling station, and that polling station shall, for the purposes of this Act be deemed to be a polling station allocated to that voter. (6) A person who is serving a sentence of imprisonment may, subject to the provisions of this Act, be registered as a voter, or vote at an election, only where permitted to do so by the written law governing his imprisonment: Provided that, this subsection shall not be construed as authorising any person to vote at any polling station other than the polling station allocated to him. [s. 19] 23. A person registered as a voter whose name has been changed consequent upon marriage or otherwise since being registered shall, if not disqualified from voting under section 22, be entitled to vote under the name in which he is registered. [s. 20] 24.–(1) The Commission shall be responsible for setting the time to review the register of voters in every ward in a local authority. (2) A person entitled to be registered as a voter at any ward and who has not been registered may present himself to the relevant ward and shall, upon presenting himself and upon Change of name Time for registration Acts Nos. 3 of 1983 s. 13 13 of 2004 s. 49 7 of 2010 s. 32 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 87 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] satisfying the Registration Officer in charge of the ward, that he is entitled to be registered as a voter, be registered as a voter in accordance with the provisions of this Act. (3) Notwithstanding any provision of this section to the contrary, the Electoral Authority may direct that, the registration of voters in any ward specified in that direction be suspended for a period as the Electoral Authority may direct if, in the opinion of the Electoral Authority, it is desirable to suspend the registration of voters. (4) Where a direction under subsection (3) has been issued in respect of any ward, a registration of voters shall not take place in that ward during the period specified in that direction. (5) For the purpose of this section, the Commission shall review the Permanent National Voters’ Register twice between a period commencing immediately after the General Elections and the date preceding the nomination day. [s. 21] 25.–(1) Where a person makes an application for registration as a voter in accordance with the provisions of section 24, he shall, where he satisfies the Registration Officer or any other officer for the time being responsible for the registration of voters, that he is qualified to be registered as a voter for that ward, be registered as a voter for that ward, and upon being registered shall be issued with a voter’s card in the prescribed form. (2) The Electoral Authority may by regulations made under section 136 require any person applying for registration as a voter to fill in the forms as may be prescribed. [s. 22] 26.–(1) Where any voter who is registered in one ward becomes ordinarily resident in some other ward, he may apply in person in accordance with the provisions of section 24 to the Registration Officer, Registration Assistant or any other staff as directed by the Electoral Authority for the purpose of conducting registration of voters of the ward in which he is ordinarily resident and the Registration officer shall- Voter’s card Acts. Nos. 3 of 1983 s. 14 13 of 2004 s. 41 Change of residence Acts Nos. 3 of 1983 s. 15 13 of 2004 s. 50 3 of 2005 s. 23 7 of 2010 s. 33 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 88 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] (a) where he is satisfied that the applicant- (i) is qualified for registration; and (ii) is ordinarily resident in the ward in respect of which he makes the application; (b) on the surrender by the applicant of his voter’s card or on the applicant’s satisfying the Registration Officer, Registration Assistant or any other staff as directed by the Electoral Authority for the purpose of conducting registration of voters that it is lost or destroyed, register the applicant in the prescribed form for the ward and cause to be issued with another voter’s card. (2) Where a Registration Officer registers an applicant under this section, he shall forthwith- (a) cancel the voter’s card surrendered by the applicant and forward it to the Director of Elections; or (b) where he is satisfied that the applicant’s voter’s card is lost or destroyed give notice to the Director of Elections of the issuance by him of a new voter’s card, and shall amend the register accordingly. (3) Notwithstanding the provisions of subsection (1) of section 22 or subsection (1) of this section, where by reason of- (a) any change of name of a ward; (b) any adjustment in the number of wards; or (c) any adjustment in the boundaries or areas of one or more wards, a ward becomes part of another ward or, as the case may be, a ward becomes a ward of another local government authority with a new name, it shall not be necessary for a voter whose name is on any register affected by that change of name or adjustment to apply for the transfer of his name to the appropriate register, but the Director of Elections shall, as soon as possible, effect the amendments or transfers as may be necessary to give effect to that adjustment as if an application for transfer had been made by the voters concerned pursuant to the provisions of this section. [s. 23] ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 89 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] 27.–(1) Where a voter’s card issued to any person is lost, defaced or destroyed, the person to whom that voter’s card was issued may apply in person to the Registration Officer for the issuance of a new voter’s card. (2) On any application, the Registration Officer shall, where satisfied that the application is properly made and that the applicant remains qualified for registration, register the applicant in the prescribed form for the ward and cause to be issued another voter’s card upon the applicant paying the prescribed fee, if any, and where the application is made in respect of a defaced voter’s card, upon the applicant surrendering the defaced voter’s card. [s. 24] 28.–(1) Where any of the particulars on a voter’s card or in a Provisional Voter’s Register require amendment by reason of a change of name, or of any other alteration in the circumstances affecting the person to whom it was issued, other than a change of residence from one ward to another, the person to whom that voter’s card was issued may apply in person to the Registration Officer for the issuance of a new voter’s card, and the Registration Officer shall, upon an application being made to him and upon being satisfied that the application is properly made and that the applicant remains qualified for registration, shall register the applicant in the prescribed form for the polling district and cause to be issued with another voter’s card. (2) A new voter’s card shall not be issued under this section unless the applicant surrenders his voter’s card or satisfies the Registration Officer that, it is lost or destroyed and pays the prescribed fee, if any. [s. 25] 29. Where, under the provisions of this Part, an application is made to a Registration Officer by a person who claims that, he has lost his voter’s card issued to him or that, voter’s card has been destroyed, the Registration Officer shall require the applicant to make a declaration in the prescribed form relating Voter’s card lost, defaced or destroyed Acts Nos. 13 of 2004 s. 51 3 of 2005 s. 24 Amendment of particulars Acts Nos. 3 of 1983 s. 16 13 of 2004 ss. 42, 52 3 of 2005 s. 25 Declaration relating to lost or destroyed voter’s card Act No. 13 of 2004 s. 41 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 90 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] to that loss or destruction and without prejudice to his power to refuse the application on other grounds, may refuse the application unless the applicant makes the declaration. [s. 26] 30.–(1) Where a Registration Officer refuses an application under the foregoing provisions of this Part, he shall, where required by the applicant, give to the applicant a written statement in the prescribed form setting out the grounds of his refusal, and any applicant aggrieved by that refusal may, within fourteen days after receipt by him of the statement appeal against that refusal to a District Court. (2) The District Court shall decide an appeal within fourteen days from the date of submission. [s. 27] 31.–(1) A person may inspect the Provisional voters’ Register of any ward on a day and at a time as the Registration Officer or, as the case may be, the Director of Elections may determine. (2) The Registration Officer shall display the provisional voters’ register in a ward and may amend it, where necessary, in the manner as may be prescribed by the Commission. [s. 28] 32.–(1) Where a person who has been registered as a voter and holds a valid voter’s card in respect of a ward discovers, pursuant to an inspection made in accordance with the provisions of section 31, that his name does not appear in the  Provisional Voters’ Register of the Ward he may apply to the Director of Elections or the Registration Officer for inclusion of his name in the Provisional Voters’ Register, and the Director of Elections or as the case may be, the Registration Officer shall, where satisfied that the name of the person should have been included in the register of the polling district, amend or cause to be amended the Provisional Voters’ Register by inclusion of the name of that person. Refusal of application Acts Nos. 13 of 2004 s. 53 7 of 2010 s. 34 Inspection of Provisional Voters’ Register Acts Nos. 3 of 1983 s. 17 13 of 2004 s. 54 Inclusion of name in the Provisional Voters’ Register Acts Nos. 3 of 1983 s. 18 13 of 2004 s. 55 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 91 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] (2) Where the Director of Elections or the Registration Officer refuses to amend or cause to be amended the Provisional Voters’ Register to include the name of any person, the person aggrieved by that refusal may object that refusal. [s. 29] 33.–(1) A person whose name appears in the Provisional Voters’ Register for any ward may object to the retention in that Provisional Voters’ Register of his own name or the name of any other person who is not qualified or is no longer qualified to be registered in that Provisional Voters’ Register or that other person is dead. (2) The Director of Elections or the Registration Officer may object to the retention of any name in the Provisional Voters’ Register of any polling district on any ground aforesaid. (3) A person who makes an objection under this section or under section 32 shall, hereinafter, be referred to as the objector. [s. 30] 34.–(1) Except in the case of an objection made by a Registration Officer, an objection shall be made in duplicate in the prescribed form and shall be made to the Registration Officer within a period as may be prescribed. (2) The objection, other than an objection made by the Director of Elections or a Registration Officer, shall be accompanied by the sum of five hundred shillings as a deposit. (3) Only the objections as are made in accordance with the provisions of this section, shall be received by the Registration Officer. (4) The Registration Officer shall, as soon as practicable after receiving an objection made in accordance with this Part or, in the case of an objection made by himself, within a period as may be prescribed send a notice of the objection to the person in regard to whom that objection has been made: Objections Acts Nos. 3 of 1983 s. 19 13 of 2004 ss. 42, 55 Procedure for making objections Acts Nos. 7 of 1992 s. 6 13 of 2004 ss. 42, 55 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 92 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] Provided that, a Registration Officer shall not be required to send a notice when an objection is made on the ground that, a person whose name appears in a Provisional Voters’ Register is dead. [s. 31] 35.–(1) The Registration Officer shall as soon as practicable hold a public inquiry into objections which have been duly made, giving not less than seven clear days written notice of the date on which the time and place at which the inquiry shall commence to each objector and person in regard to whom the objection has been made. (2) At any public inquiry any person appearing to the Registration Officer to be interested in or is affected by the subject matter of the inquiry may appear and be heard either personally or by any other person duly authorised by him in writing in that behalf. (3) Where any objection is made to the retention or non-inclusion of any name in the Provisional Voters’ Register, the Registration Officer shall call upon the objector, or any person authorised in writing in that behalf by the objector, to give prima facie proof of the ground of the objection. (4) Where, in the opinion of the Registration Officer, the prima facie proof is given, the Registration Officer shall require proof of the present qualification for registration of the person in regard to whom the objection has been made; and where that person’s qualification is - (a) not proved to the Registration Officer’s satisfaction, he shall cause to be deleted the person’s name from the Provisional Voters’ Register; or (b) so proved, he shall cause to be retained or included, that person’s name in the Provisional Voters’ Register. (5) Where, on the date fixed for inquiry into any objection, the objector or any person authorised in writing in that behalf by the objector fails to appear, or appears but Inquiry and determination by Registration Officer Acts Nos. 7 of 1992 s. 7 13 of 2004 ss. 42, 55, 56 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 93 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] fails to give prima facie proof of the ground of objection to the satisfaction of the Registration Officer, the Registration Officer shall retain or cause to be retained the name of the person in regard to whom the objection is made in the Provisional Voters’ Register or as the case may be, take no steps for the amendment of the Register so as to obtain inclusion in the Provisional Voters’ Register of the name of the person objecting against the non-inclusion of his name in the Provisional Voters’ Register. (6) Where an objection made by any person other than the Registration Officer or the Director of Elections is disallowed by the Registration Officer and, in his opinion, the objection was made without reasonable cause, the Registration Officer may, where he thinks fit, order in writing the objector to pay the person in regard to whom the objection has been made a sum, not exceeding one thousand shillings, as the Registration Officer considers reasonable compensation for any loss suffered by that person in consequence of the objection. (7) A sum awarded as compensation under this section shall be recoverable as though the order of the Registration Officer were a decree of a district court for the recovery of the money. (8) Where an objection is disallowed by the Registration Officer and he is of the opinion that, the objection was made without reasonable cause, the deposit of five hundred shillings shall be liable to be forfeited to the Government by order of the Registration Officer, but otherwise that deposit shall be refunded. (9) The validity of any proceedings under this section shall not be questioned by reason only of the Registration Officer hearing and determining an objection made by himself, and in any case, the procedure at any inquiry under this section shall be commenced at the stage at which the Registration Officer required proof of the present question of the person in regard to whom the objection is made. [s. 32] ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 94 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] 36. Where any objector or person in regard to whom objection has been made is dissatisfied with the decision of the Registration Officer under section 35 he may, within fourteen days from the date of that decision appeal to a District Court. [s. 33] 37.–(1) An appeal under section 30 or 36 shall state shortly the grounds of appeal, and accompanied by the sum of five hundred shillings as a deposit. (2) The District Magistrate shall hear every appeal in public, giving notice of the time, date and place of the hearing of the appeal to the parties concerned and it shall be in his discretion whether to hear or not to hear any evidence and his determination of the appeal shall be final and conclusive and shall not be called in question on any court. (3) Where the District Magistrate has determined the appeals which have been lodged with respect to any Provisional Voters’ Register or the issue of the voter’s card he shall forward to the Registration Officer a statement under his hand containing the name which he has decided shall be inserted or retained in the Provisional Voters’ Register and those which he has decided shall be deleted from the Provisional Voters’ Register, and a statement of the name of the person to whom a voters’ card shall be issued, and the Registration Officer shall cause to be amended the Provisional Voters’ Register and to be issued the voter’s card accordingly: Provided that- (a) the District Magistrate shall not require a Registration Officer to issue a voter’s card to any person who claims he has lost a voter’s card issued to him and relevant to the proceeding, or that the voter’s card has been destroyed, unless such person shall have made the declaration provided for in section 29; and (b) in any case to which section 27, 28 or 29 applies and no declaration has been made in accordance with section 29, the Registration Officer may refuse to cause Objector or person objected to may appeal Act No. 13 of 2004 s. 57 Appeals to District Court Acts Nos. 7 of 1992 s. 8 13 of 2004 ss. 41, 42, 58 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 95 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] the issuance of a new voter’s card until the previous voter’s card issued to the person concerned has been surrendered. (4) Where an appeal is dismissed and the District Magistrate is of the opinion that, the appeal was made without reasonable cause, he may order that the deposit of five hundred shillings shall be forfeited to the Government, but in other case the deposit shall be refunded. (5) A party to an appeal shall not be entitled to any costs or compensation: Provided that, where any appeal is made and is not allowed by the District Magistrate and in his opinion the appeal was made without reasonable cause, the District Magistrate may, if he thinks fit, order the appellant to pay compensation of the amount, not exceeding one thousand shillings, as he considers reasonable. (6) Where an appeal has been made under this section, the District Magistrate may, whether he allows or dismisses the appeal, order that any deposit forfeited or to be forfeited or any sum of money paid or to be paid by way of compensation in accordance with an order of the Registration Officer under section 35 or the deposit or sum as the District Magistrate may specify shall not be paid or forfeited, or shall be returned to the objector, as the case may be. (7) Witnesses may be summoned and sworn at the hearing of an appeal under the provisions of this section in the same manner as nearly as circumstances admit as in a trial by a District Court in the exercise of its criminal jurisdiction and shall, without prejudice to the provisions of any other law, be subjected to the same penalties for the giving of false evidence or for non-attendance. (8) A person entitled to appeal as a party at an appeal brought under the provisions of this section may appear either in person or by advocate. ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 96 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] (9) The procedure and practice of hearing of appeals under this section shall be regulated in a manner as the District Magistrate shall decide and without prejudice to the generality of the foregoing, a District Magistrate may, where satisfied that two or more appeals involved the same question, declare that the decision given in any appeal heard previously shall be binding on the parties to that of the other appeal or appeals as he shall specify. (10) An appeal lodged under this section shall be determined within fourteen days from the date of submission of an appeal. [s. 34] 38.–(1) Where the name of a person has been added to a Provisional Voters Register under section 37, or any voter’s card has been issued to any person in pursuance of that section, the Registration Officer shall take steps in relation thereto as if he had not refused the application of which the appeal relates. (2) Where the name of any person has been deleted from a Provisional Voters’ Register under section 35 or 37, the Registration Officer shall require that person either - (a) to surrender any voter’s card issued to the person under this Act; or (b) to make and deliver to the Registration Officer, the declaration provided for in section 29, within a period, not being less than ten days as the Registration Officer shall specify; and the Registration Officer shall cancel any voter’s card so surrendered. [s. 35] PART V VOTING 39.–(1) Subject to the provisions of this Act a person, who is a citizen of the United Republic and who at the time when any election is held in any ward under this Act is duly registered in that ward as a voter, shall be entitled to vote at that election in the ward in which he is registered or was registered. Provisions consequential to additions to or deletions from Provisional Voters’ Register under this Part Act No. 13 of 2004 ss. 41, 42 Persons entitled to vote Act No. 3 of 1983 s. 20 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 97 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] (2) A person shall whenever he wishes to vote at an election under this Act, identify himself to the Returning Officer in a manner as may be prescribed and a person shall not be entitled to vote more than once at that election. [s. 36] 40. Notwithstanding the provisions of section 39, a person who is registered as a voter shall not be entitled to vote at any election where circumstance arise in relation to that person that, if he were not registered, would cause him to be disqualified for registration as a voter. [s. 37] 41. A person entitled to vote under the provisions of section 38 shall vote at a ward in which he is registered as a voter for the purposes of election to a local authority, but not elsewhere. [s. 38] PART VI QUALIFICATION OF CANDIDATES FOR ELECTION 42.–(1) A person shall be elected as a member of a local government authority or stand as a candidate at an election for local government authorities where he is qualified for election. (2) A person shall be qualified for election where he satisfied the following conditions- (a) he is a citizen of the United Republic; (b) he has attained the age of twenty one years; (c) he is not disqualified for election under the provisions of section 43; (d) he is ordinarily resident within the area of jurisdiction of local authority; (e) if he can read and write in Kiswahili or English; (f) he is a member of and sponsored by a political party registered as such under the Political Parties Act; (g) he has a lawful means of livelihood; and Disqualification for voting Place of voting Act No. 3 of 1983 s. 21 Qualification of candidates Acts Nos. 7 of 1992 s. 9 11 of 1994 s. 6 10 of 2000 Sch. Cap. 258 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 98 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] (h) he has not been convicted for an offence of tax evasion within a period of five years before election. [s. 39] 43.–(1) A person shall be disqualified for nomination for election where- (a) he is under a declaration of allegiance to some country other than the United Republic; (b) under any law in force in Tanzania he is adjudged or otherwise declared to be of unsound mind; (c) he is under sentence of death imposed on him by any court in Tanzania or a sentence of imprisonment exceeding six months imposed on him by a court; (d) he is detained under an order made under the Preventive Detention Act and has been detained under the order for a period exceeding six months; (e) he has been deported, in accordance with the provisions of the Deportation Act, under an order made under that Act which has been in forced for a period exceeding six months, and is still in force; (f) he is a party to, or a partner in a firm or manager of a company which is a party to any subsisting contract with the local Government authority to which he seeks election and has not, published in the Kiswahili language and English language newspapers circulating within the area of authority concerned, a notice setting the nature of the contract and his interest or the interest of the firm or company in the contract; (g) he is disqualified from becoming a member of a local Government authority by or under any written law; (h) he is disqualified from registering as a voter under this Act or disqualified from voting at any election under this Act or under any written law relating to offences connected with any election; or Disqualification for nomination Acts Nos. 7 of 1992 s. 10 3 of 2005 s. 26 11 of 2005 s. 34 Cap. 361 Cap. 380 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 99 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] (i) subject to the exceptions and limitation as the President may, by order published in the Gazette, prescribe, where he holds or acts in any office or appointment in the service of the United Republic or a local Government authority. (2) For the purposes of paragraph (c) of subsection (1)- (a) two or more sentences that are required to be served consecutively shall be regarded as separate sentences, if none of them exceeds six months but if any of them exceeds six months they shall be regarded as one sentence; and (b) an account shall not be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine. [s. 40] PART VII NOMINATION OF CANDIDATES FOR ELECTION 44.–(1) Where a local Government authority election is to be held in a ward, or where the election is countermanded and the election procedures are to be commenced afresh, the Electoral Authority shall, by notice published in the Gazette, appoint a day, hereinafter in this Part referred to as the nomination day, for the nomination of candidates for the election. (2) The Electoral Authority may appoint different nomination days for the different wards and may revoke the appointment of a nomination day and appoint some later day as the nomination day. (3) The Electoral Authority shall give at least seven days notice of a nomination day. [s. 41] Nomination day Acts Nos. 3 of 1983 s. 22 7 of 1992 s. 11 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 100 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] 45.–(1) In order to be validly nominated at a nomination to stand as a candidate for a ward, a person shall be nominated in writing by not less than ten voters registered in the ward for which he is a candidate. (2) The writing shall be in the prescribed form, signed by the candidate and by the persons nominating him, and shall contain the following particulars- (a) the name, address and occupation of the candidate; (b) names and addresses of nominators and date; (c) a certificate by the candidate that he is willing and qualified to stand for election. (3) Notwithstanding the provisions of subsection (1), the Electoral Authority may, on the nomination day, refuse to nominate a person as a candidate where it is satisfied that the person has been disqualified from participating in the nomination process by the Electoral Authority pursuant to the provisions of the Election Expenses Act. (4) A Nomination Form shall be accompanied by - (a) a statutory declaration in prescribed form, made and signed by the candidate before a Magistrate and declaring the candidate’s qualifications and that he is not disqualified for elections; (b) a certificate in the prescribed form by the Registration Officer in charge of the ward certifying that, the nominators are registered as voters in the ward in respect of which the candidate has been nominated; and (c) biographical information relating to the candidate as may be required to be given by regulations in form as may be prescribed. (5) Where, in any case, a nomination form is not accompanied by the documents specified in subsection (4) the nomination of the candidate shall be void: Provided that, the Electoral Authority may, in any particular case, where it thinks reasonable so to do, direct that the nomination form shall be accepted as valid notwithstanding Nomination of candidates Acts Nos. 3 of 1983 s. 23 7 of 1992 s. 12 4 of 1993 s. 8 4 of 2000 Sch. 7 of 2010 s. 35 17 of 2010 s. 31 Cap. 278 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 101 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] that nomination form was not accompanied by any of the documents where the document in question is submitted to the Returning Officer within further time as the Electoral Authority may allow. (6) The Electoral Authority shall prescribe the number of nomination form and the manner of issuing them. (7) A candidate or one of the persons nominating him, shall deliver his nomination form together with one copy of it signed as provided in this section at the office of the Returning Officer not later than four o’clock in the afternoon of the nomination day. (8) The Returning Officer shall forthwith cause a copy of the nomination form to be posted in a conspicuous place outside his office. (9) A person shall not nominate more than one candidate for any one election and where a Registration Officer has issued a certificate under paragraph (b) of subsection (4) in respect of a person’s nomination of one candidate, he shall refuse to issue a certificate in respect of that person for nomination of another candidate for the same election: Provided that, a person shall not be prevented from signing a nomination form by reason only if his having signed that of a candidate who had died or withdrawn his candidature before delivery of the first mentioned nomination form. (10) Where, notwithstanding the provisions of subsection (9), a nominator nominates more than one candidate for the same election and certificates have been issued under paragraph (b) of subsection (4) in respect of the persons registration both, the candidates nominations shall be valid. (11) A person who nominates more than one candidate commits an offence, and on conviction shall be liable to a fine not exceeding two hundred thousand shillings. (12) The Returning Officer may, where he is satisfied that a person has committed an offence under subsection (11), shall by order under his hand compound the offence by requiring a person to make payment of a sum of money: ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 102 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] Provided that- (a) sum of money shall not be more than the maximum fine provided for the offence; (b) the power conferred by this sub-section shall only be exercised where the person admits in writing that he has committed the offence; and (c) the Returning Officer shall issue to the person from whom he receives a sum of money a receipt thereof. (13) A nominator may subject to the provision of subsection (9) nominate one candidate each for the Presidential, Parliamentary and Local Authority election. (14) A Registration Officer shall, when requested by or on behalf of a candidate to issue certificate in respect of a nominator who is registered in a ward, of which he has charge over, issue a certificate accordingly. (15) Subsequent to primary nomination day, the name of a person who has nominated a candidate is deleted from the register of voters for the relevant ward shall not invalidate the nomination of the candidate. [s. 42] 46. A person shall not be nominated as candidate for election in more than one ward. [s. 43] 47.–(1) Objection may be made to a nomination form on any of the following grounds, that- (a) the particulars given in respect of the candidate are insufficient to identify him; (b) the nomination form does not comply with or was not delivered in accordance with the provisions of this Part; (c) it is apparent from the contents of the nomination form that the candidate is not qualified to stand for election; (d) the requirements of subsection (3) of section 45 have not been complied with; or Candidate to be nominated for one seat only Act No. 3 of 1983 s. 24 Objections to and decision as to validity of nomination form Acts Nos. 7 of 1992 s. 13 3 of 2005 s. 27 17 of 2010 s. 32 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 103 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] (e) where the requirements of the Election Expenses Act, have not been complied with. (2) An objection to a nomination form shall not be allowed unless it is made to the Returning Officer or Assistant Returning Officer, before four o’clock in the afternoon of the day following nomination day. (3) The objection may be made by another candidate in the ward, the Registrar of Political Parties or by the Returning Officer or Assistant Returning Officer of his own motion and shall be in writing, signed by the objector, and shall specify the grounds of objection. (4) The Returning Officer or the Assistant Returning Officer shall before deciding on the validity of any objection with the least possible delay- (a) notify the person against whom the objection is made; and (b) avail him an opportunity to be heard. (5) Where the Assistant Returning Officer decides on any objection under subsection (4), he shall forward that decision to the Returning Officer who shall, with the least possible delay, review the matter, and may uphold or reverse the decision of the Assistant Returning Officer. (6) Where the Returning Officer decides on any objection under subsection (4) or (7), he shall inform the candidate concerned of his decision and, if the objection is allowed, the grounds of his decision. (7) Where a candidate is aggrieved by the decision of the Returning Officer on an invalid nomination, the aggrieved candidate may appeal to the Electoral Authority, whose decision may be subject to review by an election petition, pursuant to the provisions of Part XIV, on one or other of the grounds specified in that Part, except that, a decision on the petition shall be final and conclusive, and shall not be called in question on any court of law. Cap. 278 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 104 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] (8) Notwithstanding any provision of this section, an objection filed by the Registrar of Political Parties shall be subjected to the procedure laid down under this Act. [s. 44] 48.–(1) A Returning Officer shall, after he has determined the validity of the nomination form lodged with him, inform the Electoral Authority of the names of the candidates validly nominated and of the particulars stated in respect of each candidate under subsection (2) of section 45. (2) Where only one candidate is nominated for an election in a ward, the Returning Officer shall declare the candidate to have been elected and shall inform the Electoral Authority. (3) Where a Returning Officer for any ward determines that, a candidate has not been validly nominated for election in that ward, the Returning Officer shall inform the Electoral Authority. [s. 45] 49. Where the Electoral Authority has been informed under subsection (3) of section 48, that, a candidate has not been validly nominated for election in a ward, the Electoral Authority shall exercise its powers under the Act to appoint another day for receiving the nomination of candidates for election in the ward and for taking a poll therein. [s. 46] 50.–(1) For the purpose of assisting voters to identify a candidate when voting, a candidate shall be identified by a photograph of the candidate which has been approved by the Returning Officer. (2) The display of the photograph of a candidate during the election campaign shall be subject to the control of the Returning Officer. [s. 47] Procedure after determination of validity of nomination Acts Nos. 3 of 1983 s. 25 7 of 1992 s. 14 Procedure if no candidate is validly nominated Acts Nos. 3 of 1983 s. 26 7 of 1992 s. 15 Photographs Acts Nos. 3 of 1983 s. 27 7 of 1992 s. 16 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 105 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] PART VIII ELECTION DAY 51.–(1) Where candidates are nominated for election in a ward, the Electoral Authority shall appoint a day not less than sixty days and not more than ninety days after the nomination day to be an election day: Provided that- (a) where there are two or more contested elections during a local Government authority general election, the Electoral Authority may appoint different election days for wards; and (b) the Commission may for a reasonable cause or upon the occurrence of an event preventing an election to take place, revoke the day previously appointed and appoint another election day. (2) Where candidates are nominated for a by-election in a ward, the Commission shall by notice in the Gazette appoint a day not more than thirty days after the day on which they have been nominated to stand as candidates for election in the ward. (3) Where on the election day, there is an occurrence of an event that prevents an election from taking place, the Commission shall appoint another day of election. (4) Where the polling is adjourned under subsection (3), the time, procedure and manner of subsequent polling shall be as on the original polling day. (5) The Electoral Authority may delegate any of its functions under this section in relation to a local Government authority election to a Returning Officer. [s. 48] 52.–(1) Where there is a contested election, the Returning Officer shall, on or before the eighth day before the election day, give notice in the ward in a manner as he may think fit as to the following matters - Candidates nominated and election day Acts Nos. 3 of 1983 s. 28 7 of 1992 s. 17 11 of 1994 s. 7 4 of 2000 Sch. 13 of 2004 s. 59 Notices of election Acts Nos. 3 of 1983 s. 29 7 of 1992 s. 18 10 of 2000 Sch. ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 106 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] (a) the day or days and subject to the provisions of subsection (4), the time or times of commencement and close of the poll; (b) the address of the polling station or stations; (c) in any polling district where there are two or more polling stations, the voters assigned to each polling station; and (d) the full names of a candidate, a recent photograph and acronym or logo of the political party sponsoring the candidate, if any. (2) The day appointed for polling pursuant to the provisions of paragraph (a) of subsection (1) in any polling district may differ from that appointed for any other polling district: Provided that- (a) one day but not more than one day shall be appointed as a polling day for each ward; and (b) the last day appointed for polling in any ward shall be not later than a time after election day for that ward as the Electoral Authority may appoint. (3) Where the Returning Officer has appointed a polling day for a ward pursuant to the provisions of this section, he may, where it appears to him to be in the public interest so to do, give notice in the ward, in a manner as he may think fit altering the polling day appointed for any ward and thereupon polling shall take place in that ward on the polling day specified in the notice. (4) For the purpose of paragraph (a) of subsection (1), unless the Electoral Authority otherwise directs, the time of commencement of the poll shall be eight o’clock in the morning and the time of the close of the poll shall be six o’clock in the evening or earlier time as may be specified in the notice. [s. 49] ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 107 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] PART IX WITHDRAWAL, DEATH AND ABSENCE OF CANDIDATES 53.–(1) A candidate may withdraw his candidature by notice in writing signed and delivered by him to the Returning Officer not later than the day following the nomination day. (2) A withdrawal notice under subsection (1) shall be accompanied by a statutory declaration in the prescribed form made and signed by the candidate before a Magistrate. (3) Where a candidate withdraws his candidature after nomination day, a party shall not nominate a substitute candidate. [s. 50] 54.–(1) Where, after four o’clock in the afternoon on the nomination day and before the close of the poll in an election, a candidate in a ward dies, the Returning Officer shall, upon being satisfied of the fact of death, countermand the election in the ward. (2) In the case where the Returning Officer countermands an election pursuant to the provisions of subsection (1), the Electoral Authority shall appoint some other convenient day, not later than thirty days after the countermand, for the nomination in the ward and the electoral procedure in that ward shall be commenced afresh: Provided that, a new nomination shall not be required in respect of any candidate validly nominated at the nomination and a candidate shall be deemed to have been nominated unless he gives a notice of his withdrawal. [s. 51] 55. Where after the nomination day by reason of death, withdrawal or any other reason, there are no candidates in a ward, the Electoral Authority shall countermand the election and appoint some other day not later than thirty days after the Withdrawal of candidature Acts Nos. 7 of 1992 s. 19 13 of 2004 s. 60 Death of candidates Acts Nos. 3 of 1983 s. 30 7 of 1992 s. 20 Absence of candidates Acts Nos. 3 of 1983 s. 31 7 of 1992 s. 21 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 108 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] countermand for the nomination of candidates for election in the ward, and the electoral procedure in that ward shall be commenced afresh. [s. 52] 56.–(1) Where the Registrar of Political Parties is satisfied that, a candidate has committed a prohibited practice or failed to observe any other requirement of the Election Expenses Act, he may file an objection with the Electoral Authority. (2) The Electoral Authority may, upon determination of the objection filed by the Registrar of Political Parties on failure of the candidate to observe the provisions of the Election Expenses Act, disqualify the candidate from continuing to participate in the election process. [s. 52A] PART X THE ELECTION CAMPAIGNS 57.–(1) Where there is a contested election in a ward- (a) the Electoral Authority shall declare the period not being more than fourteen days before the Election day during which election campaigns shall commence and terminate within the ward; (b) any candidate or person acting with the approval or consent of the candidate or a political party sponsoring a candidate may convene or address any public meeting in the ward for the purpose of furthering the candidate’s election or undertake any public or door to door canvassing. (2) For the avoidance of doubt and notwithstanding the provisions of section 43 of the Police Force and Auxiliary Services Act and section 11 of the Political Parties Act, a declaration of the period of campaign shall, without further assurance, constitute a permit for the candidates and the Disqualification of candidates Acts Nos. 7 of 2010 s. 36 17 of 2010 s. 33 Cap. 278 Election campaigns Acts Nos. 3 of 1983 s. 32 7 of 1992 s. 22 11 of 1994 s. 8 Cap. 322 and 258 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 109 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] political parties sponsoring the candidates to convene and address public meetings for purposes specified in paragraph (b) of subsection (1). (3) Without prejudice to subsection (2) and for the purpose of ensuring peaceful and orderly meeting during the campaign period- (a) each political party sponsoring a candidate shall submit to the Returning Officer the programme of public meetings to be held by the candidate or on his behalf within the wards; (b) the Returning Officer shall scrutinize the campaign programmes of the candidates and where necessary advise the candidates to make changes to their programmes in order to avoid conflicting meetings; and (c) the Returning Officer shall submit the co-ordinated programmes to the District Commissioner for information and for the purpose of providing security at the meetings, if necessary. [s. 53] 58. [Repealed by Act No.7 of 1992 s.23.] [s. 54] 59. A candidate shall be responsible for his personal expenses during an election. [s. 55] PART XI ELECTION PROCEDURE 60. In a contested election, polling shall take place in each polling district in the manner provided in this Part on the day appointed for polling in that polling district pursuant to the provisions of section 52. [s. 56] Repealed Payment by candidates Act No. 13 of 2004 s. 61 Polling days and time ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 110 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] 61. The Returning Officer shall- (a) provide a sufficient number of polling stations in each polling district in accordance with the terms of any notice given under the provisions of subsection (1) of section 52; (b) appoint, in respect of each polling district, persons to be known as polling assistants, as he may think fit to assist at the voting in the election; (c) appoint from among polling assistants, a person to be in charge of each polling station, to be known as the presiding officer; (d) furnish each polling station with a number of compartments as in the opinion of the Returning Officer may be necessary, in which the voters can, screened from observation, record their votes; (e) place or cause to be placed outside each polling station in a conspicuous place a notice showing in alphabetical order as the Electoral Authority may direct, the full name of a candidate, a recent passport size photograph taken within three months and acronym or logo of the political party sponsoring the candidate; (f) provide, both within and without, each polling station with notices containing instructions relating to the voting procedure to be followed; and (g) provide each presiding officer with a number of ballot boxes and ballot papers as in the opinion of the Returning Officer may be necessary. [s. 57] 62.–(1) A political party may with the prior consent of the candidates appoint one person to be known as a polling agent for each polling station within a ward for which it has a candidate or candidates for purposes of- (a) detecting personation; (b) representing and safeguarding the interests of the candidate or candidates at the polling station; and Arrangements for contested election Acts Nos. 7 of 1992 s. 24 13 of 2004 s. 62 Polling agents Acts Nos. 3 of 1983 s. 34 7 of 1992 s. 25 4 of 1993 s. 9 10 of 2000 Sch. ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 111 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] (c) co-operating with the presiding officer and polling assistants to secure the smooth compliance with the law and procedure pertaining to the conduct of the voting and the elections at the polling stations. (2) Notice in writing of the appointment, stating the names and addresses of the polling agents, together with the polling stations to which they have been assigned, shall be given to the Returning Officer not later than seven days before election day. (3) Where any polling agent dies or becomes incapable of acting as an agent, the political party may appoint another polling agent in his place, and shall forthwith give to the Returning Officer and the presiding officer concerned notice in writing of the name and address of the polling agent appointed and the polling station to which he is appointed. [s. 58] 63.–(1) A ballot box shall be constructed that the ballot papers can be put in it by the voter but cannot be withdrawn by him. (2) Immediately before the commencement of the voting, the presiding officer at each polling station shall show the ballot box empty to such persons as may lawfully be present so that they may see that it is empty, and shall then close it and place a seal upon it in a manner as to prevent it being opened without breaking the seal, and shall place it in view for the receipt of ballot papers and keep it closed and sealed. [s. 59] 64. Aballot paper shall- (a) contain the full names of a candidate, a recent photograph and acronym or logo of the political party sponsoring the candidate, if any; (b) be capable of being folded up; and (c) be attached to a counterfoil bearing a serial number. [s. 60] Ballot boxes Form of ballot paper Acts Nos. 7 of 1992 s. 26 4 of 1993 s. 10 11 of 1994 s. 9 4 of 2000 Sch. 10 of 2000 Sch. ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 112 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] 65. A person who has voted at the election shall not in any legal proceedings to question the election or return, be required to state for whom he voted. [s. 61] 66. The voting at an election shall be conducted in the following manner- (a) a voter who wishes to vote shall present himself at the polling station allocated to him in the ward for which he is registered and shall satisfy the presiding officer or a polling assistant at the polling station that, he is the voter he claims to be and that he has not voted already at that polling station or elsewhere and a person may satisfy the presiding officer or a polling assistant that he is the voter he claims to be by producing to that officer or a polling assistant a voter’s card or any other documentary evidence as the Commission may direct; (b) upon being satisfied as to the identity of the voter and that person’s name appears in the register for the ward in which the polling station is situated, the presiding officer or polling assistant shall deliver to the voter concerned a ballot paper; (c) immediately before the presiding officer or polling assistant delivers a ballot paper to any persons- (i) the ballot paper shall be perforated stamped with an official mark; (ii) the number and particulars of the voter, as stated in the copy of register of the voters or part of it maintained at the polling station, shall be called out; (iii) the number of the voters in the copy of the register of voters or part of it shall be marked on the counterfoil; and (iv) a mark shall be placed against the number of the voter in the copy of the register of voters or part of it to denote that, a ballot paper has been received by the voter: Prohibition of disclosure of vote Method of voting Acts Nos. 11 of 1994 s. 10 15 of 1994 s. 3 4 of 2000 Sch. 13 of 2004 s. 63 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 113 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] Provided that, the number of the ballot paper delivered to the voter shall not be shown in the register: and Provided further that, where a copy of the register or part of it is not available at the polling station, the presiding officer or the polling assistant shall, in lieu of complying with the provisions of subparagraphs (ii), (iii) and (iv), comply with the directions as the Electoral Authority may give in that behalf; (d) subject to the provisions of paragraph (h), a voter on receiving a ballot paper shall go immediately into one of the compartments in the polling station, and secretly record his vote in the manner provided in paragraph (e), fold up of the ballot paper so as to conceal his vote and shall then show to a polling assistant the back of the paper so as to reveal the official mark and put the folded paper into the ballot box in the presence of the presiding officer and the polling agents; (e) a voter shall record his vote by putting a mark against the name of the candidate for whom he wishes to vote thereby recording no more than one vote; (f) a voter shall not place on the ballot paper any writing or mark by which he may be identified; (g) a voter shall vote without undue delay; (h) where a voter is incapacitated by blindness or other physical cause, or is unable to read, he may ask a person of his own choice other than the presiding officer, a polling assistant or a polling agent to assist the incapacitated person to record his vote in accordance with paragraphs (d) and (e) of this section and a person chosen under this paragraph shall assist not more than one voter: Provided that, where in a household there is more than one person who requires assistance under this paragraph, it shall be lawful for such members of the household to choose one person to assist them; ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 114 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] (i) where the voter is illiterate or does not understand how to record his vote, the presiding officer may, in the presence of the polling agent, explain to the voter the procedure; (j) subject to the provision of paragraphs (h) and (i), a voter shall not show the mark which he placed upon his ballot paper to any person, and if he does so the ballot paper shall be treated as a spoilt ballot paper; (k) a voter who has accidentally dealt with a ballot paper in a manner that it cannot conveniently be used as a valid ballot paper may, on delivering that ballot paper to the presiding officer, and after satisfying the presiding officer that, the ballot paper has been spoilt by accident, obtain another ballot paper and its counterfoil shall be immediately marked “cancelled”. (l) before any process of voting starts, the presiding officer shall require a polling agent for each of the candidates to fill in a prescribed form and submit it to the presiding officer- (i) any complaint he has with regards to the preparations to the voting; (ii) registering his satisfaction with the preparation for the conduct of voting in the area concerned; or (iii) any complaint brought by any voter concerning the preparation of the conduct of voting in the area concerned; (m) where any voter has any election complaint concerning the area in which he is registered to vote, he may record the complaint in a prescribed form and submit that form to the presiding officer of the poling station before the voter leaves the polling station; and (n) where an election complaint referred to in paragraph (m) concerns the presiding officer of the polling station, the voter shall submit the complaint form in the presence of the polling agents of the candidates. [s. 62] ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 115 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] 67.–(1) A person shall not be admitted to vote at any polling station except at the polling station in the ward in which he is registered as a voter. (2) A person other than the following persons shall not be admitted into the polling station: (a) a presiding officer; (b) a polling assistant; (c) a polling agent; (d) a voter; (e) the Regional Elections Coordinator; (f) a person assisting an incapacitated voter pursuant to section 66; (g) an observer duly authorised in writing by the Commission; (h) the candidate; (i) a member of the Commission; (j) the Director of Elections; (k) an officer of the Electoral Authority; (l) the Returning Officer or an Assistant Returning Officer; and (m) a police officer or any other person duly authorised in writing by the Commission to be responsible for security at the polling station. (3) The presiding officer may, in his discretion admit at least not less than two observers if any, to the polling station. (4) Where any person misconducts himself in the polling station or fails to obey the lawful orders of the presiding officer, he may immediately by order of the presiding officer, be removed from the polling station by any police officer in or near that station or by any other person authorised in writing by the presiding officer or by the Returning Officer to remove that person and the person removed shall not, unless with the permission of the presiding officer, again be allowed to enter the polling station. (5) A person removed from the polling station charged with the commission of any offence in the polling station may be Admittance to polling station Acts Nos. 3 of 1983 s. 37 4 of 1993 s. 11 4 of 2000 Sch. 7 of 2010 s. 37 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 116 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] kept in custody until he can be brought before a Magistrate and the powers conferred by this section shall not be exercised so as to prevent any voter who is otherwise entitled to vote at any polling station from having an opportunity of voting at such polling station. [s. 63] 68.–(1) Where the presiding officer at any polling station has reason to believe, or where a candidate or a polling agent present at any polling station alleges that, any person wishing to vote at that polling station is not a voter entitled to vote at that polling station, the presiding officer shall warn the person that he may commit an offence under this Act by so voting. (2) Notwithstanding the warning, under subsection (1), the person persists in his wish to vote and- (a) produces any evidence to show that he is the person entitled to vote at the polling station in question; and (b) being required to make and subscribe declarations as prescribed by section 70 makes and subscribes one or both of the declarations to which that section refers, the presiding officer shall deliver a ballot paper to that person and permit him to vote at that polling station. (3) A presiding officer shall record in writing the full name and address which a person warned under subsection (1) gives as his name and address and, where the person has voted, the presiding officer shall state that fact in the record. (4) Before warning a person in accordance with subsection (1), a presiding officer shall state to that person, the reasons for his belief that, the person is not a voter entitled to vote at the polling station in question or, in the case of an allegation as mentioned in subsection (1) having been made by a candidate or a polling agent present in the polling station in question, shall require the candidate or polling agent to state in his presence and the presence of the person wishing to vote and so as to be heard by both of them, the reason for the allegation Allegations of irregularities ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 117 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] and where a candidate or a polling agent refuses to comply with the requirement the presiding officer shall disregard the allegation made by that person. [s. 64] 69. [Repealed by Act No.4 of 2000 Sch.] [s. 65] 70.–(1) The presiding officer at any polling station may, in his discretion and shall, on the request of a candidate present at the polling station or of the polling agent, require any person wishing to vote, before he is given a ballot paper, to furnish evidence of his identity with the person described in the voter’s card which he presents as the presiding officer may deem necessary and to make and subscribe to one or both of the prescribed declarations. (2) Where a person fails to furnish that evidence of his identity or refuses to make the declaration, the presiding officer may refuse to give that person a ballot paper. [s. 66] 71. [Repealed by Act No.10 of 2000 Sch.] [s. 67] 72.–(1) Where the proceedings at any polling station are interrupted or obstructed by riot or open violence while there remains voters who have not completed the polling process, the presiding officer shall adjourn the proceedings until the following day and shall forthwith give notice to the Returning Officer. (2) Where the poll is adjourned at any polling station - (a) the hours of polling on the day to which it is adjourned shall be the same as for the original day; and (b) reference in this Act to the close of the poll shall be construed accordingly. [s. 68] Repealed Declaration by voters Repealed Adjournment of poll in case of riot Act No. 13 of 2004 s. 64 ©20 25 G ov ern men t o f T an za nia . A ll r igh ts res erv ed . N o p art of th is bo ok m ay be re pro du ce d o r d ist rib ute d w ith ou t p erm iss ion of O AG. 118 THE LOCAL AUTHORITIES (ELECTIONS) ACT� [CAP. 292 R.E. 2023] 73. Where at t