Special voting is a facility provided by law to allow registered voters who will not be able to present themselves at their polling stations due to the role they play in the elections, to vote on a date before the rest of the electorate vote on the date set for the election.
Special voting is only allowed for general elections.
A person must be a registered voter in the constituency to be able to apply to be part of special voting in the constituency; or
The person should have transferred his/her vote to the constituency; and
Must be a security official, accredited media personnel, or staff of the EMB.
Application for Special voting; Regulation 23, CI 94
A voter may apply to the returning officer of the constituency in which the voter is registered to be entered as a special voter if as a result of election duties the voter will not be able to be present at the polling station where the voter is registered on election day.
An application under sub-regulation (1) shall be set out in Form Four Schedule and shall be:
Made not later than forty – two days to or before the polling day in the constituency of the applicant except in the case of an applicant who is a returning officer, and
Accompanied by a certificate from the applicant’s employer where the applicant is not a returning officer stating that;
(i) the applicant is registered at a polling station in the constituency of the Returning officer to whom the applicant is made; and
(ii) the applicant’s duties will prevent the applicant from being present on polling day at the polling station where the applicant registered.
A returning officer who receives an application under sub-regulation(2) shall where the applicant is a person whose duties are related to the elections, ascertain from the applicant;
(a)Where the applicant will be working on election day;
(b)If the applicant will be working in the same constituency where the applicant is registered but at polling stations other where the applicant is registered or in a different constituency.
The returning officer shall
Issue the applicant, a certificate that entitles the applicant to vote on a day set for special voters; enter the registration details of the applicant on the special voters' list; enter the registration details of the applicant on the absent voters' list of the polling station where the applicant is registered; and
Inform the applicant, political parties, and other persons of the date and time set aside for special voting.
Where an applicant is made to a returning officer under sub-regulation(1) and an applicant is a person other than an election officer, the returning officer shall enter the name and other registration details of the applicant on the special voters' list for the constituency;
enter the name and other registration details of the applicant on the absent voters' list of the polling station in which the applicant is registered; and inform the applicant, political parties, and other persons of the date and time set for special voting.
The returning officer shall give a copy of the special voters' list to all political parties upon request.
A person whose name is entered on the special voters' list shall vote at a polling station specified by the commission and on a day not more than seven days before the polling day appointed by the returning officer and advertised in the manner that Commission may direct.
A person whose name is transferred on the special voters’ list shall not vote on election day.
A person shall not vote at a polling station as a special voter unless that person’s name is the special voters' list for that polling station.
Subject to sub-regulation (11) voting at a polling station for special voters shall be conducted in the same manner as voting on polling day.
The returning officer shall at the end of the special voting
Ensure that the ballot boxes are kept in safe custody after the polls have closed;
Ensure that the ballot boxes are sealed with the seal of the Commission and any candidate who wish to add their seal; and
Arrange for the ballot boxes to be opened at the time of the counting of the votes cast on the polling day and the ballot papers shall be counted in the same manner as those counted in the ballot boxes used on the polling day.