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by Chris RamIntroductionOnce again, the role of GECOM in the determination and publication of the results of National and Regional elections as well as its general functions have been highlighted. GECOM as it exists today is the product of the efforts to address widespreadChris Ramconcerns that elections prior to 1992 were not free and fair. A limited reform process resulted in the 1992 elections being conducted under a seven-person Commission made up of three members named by the Government, three by the Opposition, and the Chairman selected by the President from a list of six names submitted by the Leader of the Opposition is often referred to as the [President] Carter formula.While politically, the formula was considered acceptable since both “sides” of the divide felt represented in the process, it was intended to be a temporary arrangement to be reviewed for subsequent elections. Inertia set in and the formula has remained unchanged for all five elections since 1992. It should not continue.Functions of GECOMThe functions of GECOM are set out in the Constitution and the Representation of the People Act. Article 62 of the Constitution states that elections are to be independently supervised by GECOM in accordance with the provisions of Article 162. And Article 162 confers on GECOM the power to exercise general direction and supervision over the registration of electors and the conduct of all elections of members of the National Assembly, and the power and duty to issue instructions and take such action to ensure impartiality, fairness and compliance with the provisions of the Constitution or of any Act of Parliament.The relevant Act of Parliament is the Representation of the People Act, Section 4 of which states that in addition to the functions of GECOM set out in the Constitution, GECOM has such functions as are assigned by the Act. A read of the Constitution and the Act seems to make it quite clear that the principal function of the Commission is the exercise of general direction and supervision set out in article 162 while the operations fall within the authority of the Chief Elections Officer.Successive GECOM Commissioners have however acted well beyond their mandate and one enduring picture from the 1997 elections was former Chairman reading out on television the votes cast for party lists from Statements of Poll. Thankfully, that has been discontinued but the Commissioners’ actual role in the process is still well beyond what the law prescribes. They would do well to stay within their mandate and would better serve the process if instead of blaming the legislature for the inefficiencies in the electoral process, Commissioners would make regulations for the better conduct of elections as they are empowered to do under Section 150 of the Representation of the People Act.Their powers to make regulations are wide and GECOM’s attribution of blame to the legislators in the light of its persistent failure to avail itself of those powers smacks of ignorance or disingenuity.Let us now look at the provisions of the Representation of the People Act regarding counting of the votes and declaration of the results.Step 1 – The count at the place of pollCounting and tabulation of the votes take place at the Polling Station on the close of the poll. Section 83 lists ten specific activities including accounting for all spoilt, tendered and unused ballot papers and counting of the votes for each list of candidates. Each person present including election officers,Unisex Air Jordan 11 (XI) Retro  Win Like 96  Gym Red/White-Black 378037-623, duly appointed candidates, election agents and polling agents, has the right to examine each ballot paper.After the count the Presiding Officer is required to complete the Ballot Paper account,Man City Away Shirt 2018/19, the Tendered Ballot Paper account and the Statement of Poll (SoP) in the form prescribed by the Act and make sufficient copies for the RO, to the Assistant Presiding Officer, the duly appointed candidates or the Polling Agents as are present, and the Chief Elections Officer. The SoP is then posted up in a conspicuous place outside the Polling Place as conclusive evidence of the result of the election, unless there is a recount of the votes: Section 83 (9A).The Presiding Officer is then required to deliver to the Returning Officer of the District, the ballot boxes with the seal of the PO and those of the candidates and polling agents who wish to do so, sealed packets containing “marked copies of the official list of electors or part thereof, Notices of Appointments to vote as Proxy and copies of the Lists of Proxies, the Poll Book, the Ballot Paper account and Tendered Ballot Paper account and such other election documents as may be decided upon by the Commission…”. The Presiding Officer affixes h