District Assembly Elections Act, 1994 Act 473

ACT 473
REPUBLIC OF GHANA
DISTRICT ASSEMBLY ELECTIONS ACT, 1994 (ACT 473)
ARRANGEMENT OF SECTIONS
Section
1. District Assembly Elections.
2. Electoral Commission to Organize Elections.
3. Candidate to Stand as Individuals.
4. Candidate Not to Use Political Party Symbols.
5. Penalty.
6. Unauthorised Platform Mounting.
7. No Political Party Sponsorship.
8. Returning Officer.
9. Qualifications and Disqualifications of Members of District Assemblies.
10. Regulation.
11. Application of Representation of the People Law, 1992 (P.N.D.C.L. 284).
12. Interpretation.
THE FOUR HUNDRED AND SEVENTY-THIRD
ACT
OF THE PARLIAMENT OF THE REPUBLIC OF GHANA ENTITLED
THE DISTRICT ASSEMBLY ELECTIONS ACT, 1994
AN ACT to make provision for District Assembly Elections in accordance with the 1992
Constitution.
DATE OF ASSENT: 14TH FEBRUARY, 1994
BE IT ENACTED by Parliament as follows—

for District Assembly Elections in accordance with the 1992
Constitution.
DATE OF ASSENT: 14TH FEBRUARY, 1994
BE IT ENACTED by Parliament as follows—

Section 1—District Assembly Elections. Elections to a District Assembly shall be held every four years except that District Assembly
elections shall be held at least six months apart from parliamentary elections. Section 2—Electoral Commission to Organize Elections. District Assembly elections shall be organised by the Electoral Commission referred to in this
Act as "the Commission". Section 3—Candidate to Stand as Individuals. (1) No candidate seeking election to a District Assembly or any lower local government unit
shall—
(a) present himself to the electorate otherwise than as an individual;
(b) use a platform which has not been mounted by the Commission for promoting or
canvassing his election; or
(c) be required to make a deposit to the Commission. (2) Notwithstanding subsection (1) (b) of this section, a candidate may canvass for his
election from house to house. Section 4—Candidate Not to Use Political Party Symbols.

section (1) (b) of this section, a candidate may canvass for his
election from house to house. Section 4—Candidate Not to Use Political Party Symbols.

No candidate seeking election to a District Assembly or any lower local government unit
shall—
(a) use the name, motto or symbol of a political party or organisation; and
(b) solicit or accept the assistance of a political party in connection with the organisation of
District Assembly elections. Section 5—Penalty. A candidate who contravenes any provision of sections 3 or 4 of this Act commits an offence
and on conviction shall have his nomination cancelled by the Commission. Section 6—Unauthorised Platform Mounting. (1) No person shall mount a platform or cause a platform to be mounted for the purpose of
promoting or canvassing for the election of a candidate to a District Assembly unless the
Commission has so authorised. (2) A person who contravenes the provision of subsection (1) of this section commits an
offence and is liable on conviction to a fine of not exceeding 0 100,000.00 or to a term of
imprisonment not exceeding one year. (3) No political party or organisation shall mount a platform or cause a platform to be
mounted for the purpose of supporting or not supporting the election of a candidate to a
District Assembly.

mount a platform or cause a platform to be
mounted for the purpose of supporting or not supporting the election of a candidate to a
District Assembly.

(4) Any political party or organisation which contravenes subsection (3) of this section
commits an offence and is liable on conviction to a fine not exceeding five million cedis.

ganisation which contravenes subsection (3) of this section
commits an offence and is liable on conviction to a fine not exceeding five million cedis.

Section 7—No Political Party Sponsorship. (1) No Political party or organisation shall—
(a) endorse or sponsor;
(b) canvass for votes for; or
(c) in any way campaign for or against a candidate seeking election to a District Assembly or
any lower local government unit. (2) Any political party or organisation which contravenes subsection (1) of this section
commits an offence and is liable on conviction to a fine not exceeding five million cedis. Section 8—Returning Officer. (1) The Commission shall appoint for each District a returning and two deputy returning
officers who shall be referred to as "returning officers". (2) The returning officers shall—
(a) receive the nominations of candidates;
(b) verify the qualifications and other particulars of candidates;
(c) create or cause to be created platforms for the candidates to present themselves and their
programmes to the electorate;
(d) appoint a presiding officer and such number of polling assistants as may be required for
each polling station;
(e) keep proper custody of election materials; and
(f) perform such other functions as may be required for the conduct and supervision of
District Assembly elections.

custody of election materials; and
(f) perform such other functions as may be required for the conduct and supervision of
District Assembly elections.

(3) The functions in subsection (2) of this section shall be performed by the returning officers
under the direct supervision of the Commission. Section 9—Qualifications and Disqualifications of Members of District Assemblies. (1) A person qualifies to be elected to a District Assembly if that person—
(a) is a citizen of Ghana of not less than 18 years of age;
(b) is a registered voter;
(c) is ordinarily resident in the particular District for which he seeks election; and
(d) has paid all his taxes and rates or made arrangements satisfactory to the appropriate
authority for the payment of his taxes and rates. (2) For the purposes of paragraph (c) of subsection (1) of this section, a person shall be
deemed to be ordinarily resident in a district if within the four years prior to the holding of
the election to the District Assembly, he has lived in the district for an aggregate period of not
less than twelve months.

rs prior to the holding of
the election to the District Assembly, he has lived in the district for an aggregate period of not
less than twelve months.

(3) A person shall not qualify to be elected to a District Assembly if that person—
(a) is of unsound mind;
(b) has been sentenced to death or imprisonment for an offence involving fraud, dishonesty or
violence or has been convicted of an offence relating to or connected with elections under
any enactment in force in Ghana at any time;
(c) is a person against whom adverse findings have been made by a competent authority and
accepted by Government or in respect of whom an offer of reparation has been made and
accepted by the Government;
(d) being a professional person, he is disqualified from practising his profession on grounds
of malpractice, fraud or dishonesty by the competent professional body; or
(e) is a person exempted from payment of basic rate under paragraph (a) of subsection (2) of
section 98 of the Local Government Act (Act). (4) Notwithstanding paragraph (b) or (c) of subsection (3) of this section, a person shall
qualify to be elected to a District Assembly if ten years have elapsed since the end of the
sentence, the acceptance of the adverse findings, the offer of reparation or if he has been
pardoned.

y if ten years have elapsed since the end of the
sentence, the acceptance of the adverse findings, the offer of reparation or if he has been
pardoned.

(5) No person shall at any one time contest election to more than one District Assembly. Section 10—Regulations. (1) The Commission shall by constitutional instrument make regulations for the effective
performance of its functions under this Act. (2) The exercise of the power to make regulations may be signified under the hand of the
Chairman or in his absence the person acting as Chairman of the Commission. Section 11—Application of Representation of the People Law, 1992 (P.N.D.C.L. 284). Except as otherwise provided in this Act, the Representation of the People Law, 1992
(P.N.D.C.L. 284) shall apply to District Assembly election under this Act with such
modifications as may be necessary. Section 12—Interpretation.

1992
(P.N.D.C.L. 284) shall apply to District Assembly election under this Act with such
modifications as may be necessary. Section 12—Interpretation.

In this Act unless the context otherwise requires—
"Commission" means the Electoral Commission established by the Electoral Commission
Act, 1993 (Act 451);
"District" means the area of authority of a District Assembly and includes a municipality and
metropolis;
"District Assembly" includes Municipal and Metropolitan Assemblies;
“mount a platform" means to create a forum or an opportunity for a candidate to present
himself and his programmes to the electorate to answer questions for the purpose of local
government elections.