Multi-Party Women’s Caucus 31 May 2017

PRESENTATION OUTLINE Introduction Possible Amendments to Electoral Laws Possible Interventions for the Multi-party Women’s Caucus

INTRODUCTION Debriefing with political parties Several areas identified for amendment Consultations within the Electoral Commission Cross-statute legislative amendment

POSSIBLE AREAS OF AMENDMENT Act Section Current Wording of Section Proposed Amendment Motivation Electoral Act Section 8(3) of EA A person's name must be entered in the voters' roll only for that voting district provided that where that person is ordinarily resident outside the Republic, his or her name must be entered in a segment of the voters' roll created for that purpose A proposed amendment to section 8(3) requiring the deletion of voting district/s and replacing same with ward This would allow a voter to register in any VD in the ward. However, the voter in question would then be obliged to vote in the VD that he/she registered in, and would appear on that specific segment of the voters roll

POSSIBLE AREAS OF AMENDMENT Act Section Current Wording Proposed Amendment Motivation Electoral Act Section 11(2) of EA The chief electoral officer must record in the voters' roll or a person's application any change in voting district for which a person is registered as a voters or has applied for registration, if that person's place of ordinary residence after a change in the boundaries of that voting district falls in another voting district Amendment of Section 11(2) in respect of the possible amendment in section 8(3) to reflect ward 1. This would in effect limit the CEO’s obligation after a boundary change, were that person is indeed in the correct ward. 2. It would be prudent to take into account the limitation and availability of NAD and GEO Coding of addresses. 3. This would further require capacitation and sustained maintenance.

POSSIBLE AREAS OF AMENDMENT Act Section Current Wording Proposed Amendment Motivation Local Government: Municipal Electoral Act Schedule 3 of MEA   Amend schedule 3 (timetable) to include an objection period which closes 1. This would in effect limit the number of objections received in respect of the voters' roll post certification 2. This would impact s15 essentially by now placing a timeline to s15, seeing that s15 does not have a cut-off period for the lodging of an objection to the voter’s roll

POSSIBLE AREAS OF AMENDMENT Act Section Current Wording Proposed Amendment Motivation Electoral Act Section new 16(4) of EA   Add - to Section new 16(4) by the inclusion of “the absence of an address and/or an error in a segment of the certified voter’s roll does not invalidate the voter’s roll in question” In the Kham judgment, the argument was that the VR was received very late which did not allow the political parties ample time to inspect the VR or to use it for campaigning. In the light of this an inspection and objection period is proposed to support the finalization or certification of the VR

POSSIBLE AREAS OF AMENDMENT Act Section Current Wording Proposed Amendment Motivation Electoral Act Schedule 1 of the Electoral Act Current Election Timetable Incorporate the proposed changes made to sections 14 and 15 into the Election Time-Table, to take into account the provisional voter’s roll and objection period  Consequential to above motivation

POSSIBLE AREAS OF AMENDMENT Act Section Current Wording Proposed Amendment Motivation Electoral Act Section 41(1) of EA s41 Objections concerning voting: At any time before a voter has been handed a ballot paper, an agent may object to that voter being entitled to vote or to vote at the voting station concerned The amendment of section 51 to exclude objections to the certified voters roll 1. A provision must be made that a person/s may not object to a voter being on the certified segment of the voter’s roll if that person already appears on the certified segment 2. This provision would in effect prohibit an objection to the VR after certification

POSSIBLE AREAS OF AMENDMENT Act Section Current Wording Proposed Amendment Motivation Electoral Act Section 8 of EA s8 Registration: (2) The chief electoral officer may not register a person as a voter if that person- (c) has been declared by the High Court to be of unsound mind or mentally disordered; (d) is detained under the Mental Health Care Act, 2002 (Act 17 of 2002) Consider repealing subsection c and d in section 8 These subsections place an onus on the CEO which is not implementable and it has also been the subject of submissions made by interest groups  Furthermore the constitutionality of the provisions is in doubt

POSSIBLE AREAS OF AMENDMENT Act Section Current Wording Proposed Amendment Motivation Electoral Act Section 27 of EA Does not provide for electronic submission of candidates A proposed amendment to section 27 of the EA to include an online candidate nomination facility and/or system Online Candidate Nomination has been a major success in the Municipal Elections. This innovation will be carried forward to the NPE.

POSSIBLE AREAS OF AMENDMENT Act Section Current Wording Proposed Amendment Motivation Electoral Act Section 40 of EA Provides for the re-issue of ballots if same are accidentally marked Alignment of s40 of EA with s49 of MEA (issuing of new ballot papers) of the Municipal Electoral Act, 27 of 2000 (MEA) Removing reference to the word accidental in instances where a voter requests to be re-issued new ballots

POSSIBLE AREAS OF AMENDMENT Act Section Current Wording Proposed Amendment Motivation Local Government: Municipal Electoral Act Section 75 of MEA s75 Prohibition of certain political activities: on voting day no person may - (a) hold or take part in any political meeting, march, demonstration or other political event; or (b) engage in any political activity, other than casting a vote in the area within the boundary of a voting station Proposed amendment to s75 of MEA proposed to include special voting days. Corresponding amendment to EA Although voting does take place on Special Voting days, under the current provisions campaigning is still actively ongoing since it is not prohibited. This amendment would prohibit campaigning on special voting days as well.

POSSIBLE AREAS OF AMENDMENT Act Section Current Wording Proposed Amendment Motivation Electoral Act Section 108 of EA s108 Prohibition of certain political activities: on voting day no person may - (a) hold or take part in any political meeting, march, demonstration or other political event; or (b) engage in any political activity, other than casting a vote in the area within the boundary of a voting station Proposed amendment to s75 of MEA proposed to include special voting days. Corresponding amendment to EA Although voting does take place on Special Voting days, under the current provisions campaigning is still actively ongoing since it is not prohibited. This amendment would prohibit campaigning on special voting days as well

POSSIBLE AREAS OF AMENDMENT Act Section Current Wording Proposed Amendment Motivation Local Government: Municipal Electoral Act Section 47(5) of MEA  Current wording in MEA does not require the stamping of the ID whereas there is such requirement in section in the EA Align s47(5) of MEA with s38(5) of EA. S38(5) of EA deals with stamping of ID Smart ID does not allow for the stamping that form of identification

POSSIBLE AREAS OF AMENDMENT Act Section Current Wording Proposed Amendment Motivation Electoral Commission Act Section 15 and Section 15A of ECA Does not provide for electronic submissions of applications for party registration A proposed amendment to s15 & 15A of ECA to include online submission of applications for Party Registrations Taking from the successes of Online Candidate Nomination, this would put the process in the hands of the applicants and improve turnaround times

POSSIBLE INTERVENTIONS BY MPWC National Party Liaison Committee has until late in June to make submission on the draft bill Submissions to the Portfolio Committee on Home Affairs

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