Protections for Ghanaian Voters on Election Day
In a few months from now, Ghanaians will be heading to the polls to determine the future of our country. As a Ghanaian, this is a sure way to safeguard our democracy. So, we would like to make sure you know what your rights are as you vote in December 2024. As a Ghanaian citizen, your right to vote is a critical element of our democracy, safeguarded by both the 1992 Constitution of Ghana and the Electoral Commission Act, 1993 (Act 451). On Election Day, these legal protections are in place to ensure that you can exercise your right to vote freely, safely, and without interference. Here, we clarify the legal framework that protects you as a voter and outline your powers and responsibilities on Election Day.
Right to Vote
The 1992 Constitution of Ghana grants every Ghanaian citizen who is 18 years or older and of sound mind the right to vote. Your right to vote is fundamental, and no one can legally prevent you from exercising this right if you meet the necessary eligibility criteria. This protection is at the core of Ghana's democratic process.
Freedom from Intimidation and Harassment
On Election Day, you are legally protected from any form of intimidation, coercion, or harassment. It is a criminal offense for any individual, group, or organization to attempt to prevent you from voting through threats or violence. The Criminal Offences Act 1960 (Act 29), as well as the Electoral Commission’s Regulations, strictly prohibit voter intimidation. Law enforcement agencies are tasked with ensuring a peaceful environment at polling stations, and there are strict penalties for those who violate these laws
Confidentiality of Your Vote
Your vote is confidential and protected by law. The Representation of the People Act, 1992 (PNDCL 284) guarantees the secrecy of your ballot, ensuring that no one can compel you to disclose how you voted. Polling stations are set up to maintain privacy while casting your vote and tampering with or revealing someone’s vote is a serious offense.
Assistance for Persons with Disabilities and the Elderly
If you are a person with a disability or elderly, you are entitled to assistance while voting. The law allows for polling staff or a person of your choice to help you cast your vote if you cannot do so on your own. This ensures that everyone, regardless of physical limitations, can fully participate in the electoral process
Freedom from Discrimination
On Election Day, you are protected from discrimination based on race, ethnicity, gender, religion, or any other social distinction. The Constitution, in Article 17, explicitly prohibits discriminatory practices, ensuring that every eligible citizen can vote freely. Any actions to exclude or marginalize voters based on these factors are illegal and punishable by law.
Right to Report Electoral Misconduct
If you witness any irregularities or illegal activities during the election—such as voter fraud, tampering with ballots, or interference by unauthorized persons—you have the right to report these actions to the authorities. The **Electoral Commission** and law enforcement agencies are responsible for investigating and addressing electoral misconduct. Under **Act 451**, voters are empowered to file complaints and seek redress if their rights are infringed.
Prohibition of Multiple Voting
While the right to vote is protected, it is also important to remember that the law prohibits multiple voting. The Representation of the People Act and other electoral laws impose penalties on individuals who attempt to vote more than once. Similarly, attempting to vote under a false identity is a punishable offense.
Protection of Polling Stations
Polling stations are legally protected areas. Only authorized personnel, including election officials, party agents, and security forces, are allowed to be present inside the polling stations. Unauthorized persons, or those attempting to cause disturbances or incite violence, are subject to arrest and prosecution under the Public Order Act, 1994 (Act 491). This ensures that the polling stations remain peaceful, orderly, and conducive to voting.
Right to Contest Election Results
If you believe that electoral results in your constituency were compromised due to fraud, misconduct, or other irregularities, the law grants you the right to challenge the results. Under Article 64 of the Constitution, voters or candidates can file petitions at the courts to contest election outcomes. The judiciary has the authority to review the evidence and, where appropriate, order a recount, annulment, or re-run of the election.
Voter Responsibilities
While the law provides protections for voters, it is important to remember your responsibilities as a voter:
- Ensure that you are registered and that your name appears on the electoral roll.
- Follow the lawful procedures at polling stations and refrain from causing disturbances.
- Cast your vote responsibly and legally.
Election Day is a fundamental pillar of Ghana's democracy, and the laws in place ensure that you can participate in the electoral process freely, safely, and with confidence. As a voter, understanding your rights and responsibilities is essential. By being informed, you contribute to the strength of Ghana’s democracy.
At BidzakinKombat, we believe in the power of legal protections to foster fair elections. Should you need legal guidance related to your voting rights, please do not hesitate to reach out to us.
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