₦airaland Forum

The Electoral Act 2022 Did Not mention “ZERO VOTES”. The Electoral Act was totally silent about allotting “Zero Votes” to any Polling-Unit, for any reason whatsoever...
But the INEC’s most-recently released “Regulations and Guidelines for the Conduct of Elections” actually mentioned crediting “Zero Votes” to some Polling-Units that Committed some specified Election-Materials and BVAS-related offences, and that is, in Section-100: (ii)..

Section-100: The following responses and procedures shall be used in managing the issues identified in this Clause during elections and collation of results, particularly in determining where supplementary elections may hold in line with the “Margin of Lead Principle”:
... ...
...
(ii) Where there is wilful obstruction or resistance to the distribution of electoral materials, or where there is resistance to the use of the BVAS or any electoral device deployed by the Commission, the affected Polling Units shall be credited with zero votes during collation and shall not count in the application of the Margin of Lead principle.
...
(iii) Whenever zero votes are entered or elections are rescheduled, Collation and Returning Officers shall ensure that the number of voters in the affected Polling Units are accounted for in compiling their results in order to prevent discrepancies in the figures for registered voters in the Register of Voters and the figures as collated.

Thus, if someone tries to analyse the above offence properly, one may easily agree and conclude that:
“LOCALISED OR TARGETED VIOLENCE THAT HAPPENS BEFORE THE ELECTION (OR DURING THE ELECTION) WOULD QUICKLY BE TRANSLATED AS “OBSTRUCTION”, WHICH DEFINITELY WOULD EXTEND TO ALSO MEAN “OBSTRUCTION TO THE USE OF BVAS”, AND THEREFORE, CAN CAUSE THE POLLING-UNIT TO BE CREDITED WITH “ZERO VOTES”, AND THAT ALSO MEANS THAT:
“NO MORE SUPPLEMENTARY ELECTIONS WOULD BE CONDUCTED IN SUCH ‘ZERO-VOTES’ POLLING-UNITS”..


..
“Zero Votes” is totally different from Cancelled Polling-Units..
It is also totally different from Rejected/Voided Votes that were cast in a Polling-Unit...
..
“Zero Votes” simply means that:
“Election Was Held in the Polling-Unit, but then, there are Actually “ZERO” Persons from the concerned Polling-Unit who came out on the Election Day,, and thus, Zero persons were ACCREDITED in the Polling-Unit, and therefore, Zero Persons Voted.”

---

And according to Booblacain:

booblacain:
Maybe it is me that do not understand the english here.

So, according to this section, if a an [evil-minded] political party sends thugs to prevent BVAS from being used in a particular polling unit where they believe their opponent will have an edge over them, INEC will help that [evil-minded] political party to declare that unit zero votes?

An Evil-minded Political Party might use this rule against an opponent-party’s stronghold.

Excerpts from the INEC’s most-recently released “Regulations and Guidelines for the Conduct of Elections”, with regards to OVER-VOTING, and VIOLENCE AT ELECTIONS,.

Section-40: Where the total number of votes cast at a Polling Unit exceeds the number of accredited voters at the Polling Unit, the result of the election for that Polling Unit shall be declared null and void, and a report in that regard shall be made to the Collation Officer.

56: Where an election is declared null and void in one or more Polling Units for over voting in line with Clause 39 (Clause-40) of these Regulations and Guidelines, another date shall be fixed for supplementary election in the affected Polling Units and returns for the affected constituencies shall not be made until polls are conducted in the affected Polling Units.

57: Where the total number of voters who collected their Permanent Voters’ Cards (PVCs) in the Polling Units where over voting occurred is less than the margin by which the leading candidate is ahead of the second candidate, indicating that the outcome of the election will not be affected by the supplementary election, the Returning Officer shall make a return and a declaration.

58: Where an election is postponed as a result of serious breach of the peace or natural disasters or other emergencies in line with Section 24 of the Electoral Act 2022, returns for the affected constituencies shall not be made until polls are conducted in the affected Polling Units.

59: Where an election is postponed as a result of serious breach of the peace or natural disasters or other emergencies in line with Section 24 of the Electoral Act 2022 and it is ascertained that the total number of voters who collected their Permanent Voters’ Cards (PVCs) in the Polling Units affected by the postponement is less than the margin by which the leading candidate is ahead of the second candidate in the election, indicating that the result of the election will not be affected by the outcome of polls in the Polling Units affected by the postponement, the Returning Officer shall make a return for the election in the constituency.

60: Where an election is postponed in one or more Polling Units due to the non-replacement of faulty BVAS in line with Section 47(3) of the Electoral Act 2022, a new election shall be scheduled within 24 hours and a return for the concerned constituency shall not be made until polls are conducted in the affected Polling Units.

61: Where an election is postponed in one or more Polling Units due to the non-replacement of faulty BVAS in line with Section 47(3) of the Electoral Act 2022 and it is ascertained that the total number of voters who collected their Permanent Voters’ Cards (PVCs) in the Polling Units affected by the postponement is less than the margin by which the leading candidate is ahead of the second candidate in the election, indicating that the result of the election will not be affected by the outcome of polls in the Polling Units affected by the postponement, the Returning Officer shall make a return for the election in the constituency.

62. Where the margin of lead between the two leading candidates in an election is NOT in excess of the total number of voters who collected their Permanent Voters’ Cards (PVCs) in Polling Units where elections are postponed, voided or not held in line with Sections 24(2 & 3), 47(3) and 51(2) of the Electoral Act 2022, the Returning Officer shall decline to make a return for the constituency until polls have been conducted in the affected Polling Units and the results collated into the relevant forms for Declaration and Return. This is the Margin of Lead Principle and shall apply wherever necessary in making returns for all elections in accordance with these Regulations and Guidelines.

96: Rejection, cancellation or voiding of any result shall be strictly in accordance with the Electoral Act and these Regulations and Guidelines and must be recorded in the appropriate Form EC40G.

100: The following responses and procedures shall be used in managing the issues identified in this Clause during elections and collation of results, particularly in determining where supplementary elections may hold in line with the “Margin of Lead Principle”:

(i) Where the Commission is unable to deploy to Polling Units because of logistic challenges, a date for a supplementary election shall be announced.

(ii) Where there is wilful obstruction or resistance to the distribution of electoral materials or where there is resistance to the use of the BVAS or any electoral device deployed by the Commission, the affected Polling Units shall be credited with zero votes during collation and shall not count in the application of the Margin of Lead principle.

(iii) Whenever zero votes are entered or elections are rescheduled, Collation and Returning Officers shall ensure that the number of voters in the affected Polling Units are accounted for in compiling their results in order to prevent discrepancies in the figures for registered voters in the Register of Voters and the figures as collated.

(iv) Where the use of the BVAS is discontinued midway into the elections due to sustained malfunction and no replacement is available before 2:30pm or any extended period for voting approved by the Commission, a time for a supplementary election shall be announced.

(v) Where the Commission determines that violent disruptions occurred in a substantial number of Polling Units in a constituency before the announcement of result, a fresh date for election in the affected Polling Units may be announced by the Commission, provided that further supplementary election may not hold in the case of persistent disruptions and violence.

(vi) Where a violent disruption occurs after announcement of results and ballot papers and result sheets are destroyed, regenerate the affected results from electronically transmitted results, or results from the IReV Portal or duplicate hardcopies, fill new replacement result sheets with the approval of the Resident Electoral Commissioner and proceed with collation of result.

(vii) Where result sheets are snatched or destroyed before they arrive at Collation Centres, regenerate the affected results from electronically transmitted results, or results from the IReV Portal or Duplicate Hardcopies, fill new replacement result sheets with the approval of the Resident Electoral Commissioner and proceed with collation of result.

(viii) Where balloting materials are still available or remaining after disruption at any stage of the election, proceed with available materials and conclude that stage of the election. However, where materials are inadequate, a new date will be announced by the Commission to conclude the election.

Excerpts from the “Electoral Act 2022”, with regards to OVER-VOTING, and VIOLENCE AT ELECTIONS..

Section-24.—(1) In the event of an emergency affecting an election, the Commission shall, as far as practicable, ensure that persons displaced as a result of the emergency are not disenfranchised.

(2) Where a date has been appointed for the holding of an election, and there is reason to believe that a serious breach of the peace is likely to occur if the election is proceeded with on that date or it is impossible to conduct the elections as a result of natural disasters or other emergencies, the Commission may postpone the election and shall in respect of the area, or areas concerned, appoint another date for the holding of the postponed election, provided that such reason for the postponement is cogent and verifiable.

(3) Where an election has commenced and there is reason to believe that there is or has been substantial disruption of election in a polling unit or constituency or it is impossible to continue with the election occasioned by threat to peace and security of electoral officials and materials, the Commission shall suspend the election and appoint another date for the continuation of the election or the process.

(4) Where the Commission appoints a substituted date in accordance with subsections (2) and (3), there shall be no return for the election until polling has taken place in the area or areas affected.

(5) Notwithstanding subsection (3), the Commission may, if satisfied that the result of the election will not be affected by voting in the area or areas in respect of which substituted dates have been appointed, direct that a return of the election be made.


Section-41.—(1) The Commission shall provide suitable boxes, electronic voting machine or any other voting device for the conduct of elections.


Section-51.—(1) No voter shall vote for more than one candidate or record more than one vote in favour of any candidate at any one election.

(2) Where the number of votes cast at an election in any polling unit exceeds the number of accredited voters in that polling unit, the Presiding officer shall cancel the result of the election in that polling unit.

(3) Where the result of an election is cancelled in accordance with subsection (2), there shall be no return for the election until another poll has taken place in the affected polling unit.

(4) Notwithstanding the provisions of subsections (2) and (3) the Commission may, if satisfied that the result of the election will Not substantially be affected by voting in the area where the election is cancelled, direct that a return of the election be made.

Maybe it is me that do not understand the english here.

So, according to this section, if a political party sends thugs to prevent BVAS from being used in a particular polling unit where they believe their opponent will have an edge over them, INEC will help that political party to declare that unit zero votes?

booblacain:
Maybe it is me that do not understand the english here.

So, according to this section, if a political party sends thugs to prevent BVAS from being used in a particular polling unit where they believe their opponent will have an edge over them, INEC will help that political party to declare that unit zero votes?

That's a question I continued to ask.



The “Zero Votes” rule,, is it not tantamount to disenfranchisement..??

Isn’t it better that they “Cancelled” the concerned Polling-Units rather than crediting “Zero Votes” to them?

Lalasticlala
Seun

Nlfpmod

Mynd44

PETER IS BETTER

JoeNL22:
PETER IS BETTER

Ok..

But this is not about Peter.

This is about Fixing A Possible Glitch in the INEC’s Proposed Procedures