Chapter 5 / Representation of the people
Right to vote
59.Right to vote
(1)Every citizen of Uganda of eighteen years of age or above has a right to vote.
(2)It is the duty of every citizen of Uganda of eighteen years of age or above to register as a voter for public elections and referenda.
(3)The State shall take all necessary steps to ensure that all citizens qualified to vote register and exercise their right to vote.
(4)Parliament shall make laws to provide for the facilitation of citizens with disabilities to register and vote.
Electoral Commission
60.Electoral Commission
(1)There shall be an Electoral Commission which shall consist of a Chairperson, a Deputy Chairperson and five other members appointed by the President with the approval of Parliament.
(2)Members of the Commission shall be persons of high moral character, proven integrity and who possess considerable experience and demonstrated competence in the conduct of public affairs.
(3)The members of the Commission shall hold office for seven years, and their appointment may be renewed for one more term only.
(4)If the appointment of a member of the Commission is being renewed, the renewal shall be done at least three months before the expiry of the first term.
(5)A person holding any of the following offices shall relinquish his or her position in that office on appointment as a member of the Commission—
(a)a member of Parliament;
(b)a member of a local government council;
(c)a member of the executive of a political party or political organisation; or
(d)a public officer.
(6)Members of the Commission shall be paid such emoluments as Parliament may determine.
(7)If a member of the Commission is absent or dies, the President shall, with the approval of Parliament, appoint a person qualified in terms of this Article to act in his or her place until that person is able again to resume his or her duties or, as the case may be, until a new person is appointed to fill the vacancy.
(8)A member of the Commission may be removed from office by the President only for—
(a)inability to perform the functions of his or her office arising out of physical or mental incapacity;
(b)misbehaviour or misconduct; or
(c)incompetence.
(9)Any question for the removal of a member of the Electoral Commission shall be referred to a tribunal appointed by the President, and the President may remove the member if the tribunal recommends that the member should be removed on any of the grounds specified in clause (8) of this Article.
(10)Where the question for removal of a member involves an allegation that the member of the Electoral Commission is incapable of performing the functions of his or her office arising from physical or mental incapacity, the President shall, on the advice of the head of the Health Services of Uganda, appoint a medical board which shall investigate the matter and report its findings to the President, with a copy to the tribunal.
(11)Where a tribunal is appointed by the President under clause (9) of this Article in respect of any member of the Electoral Commission, the President shall suspend that member from performing the functions of his or her office.
(12)A suspension under clause (11) of this Article shall cease to have effect if the tribunal advises the President that the member suspended should not be removed.
Electoral Commission
61. Functions of the Electoral Commission
(1)The Electoral Commission shall have the following functions—
(a)to ensure that regular, free and fair elections are held;
(b)to organise, conduct and supervise elections and referenda in accordance with this Constitution;
(c)to demarcate constituencies in accordance with the provisions of this Constitution;
(d)to ascertain, publish and declare in writing under its seal the results of the elections and referenda;
(e)to compile, maintain, revise and update the voters register;
(f)to hear and determine election complaints arising before and during polling;
(g)to formulate and implement voter educational programmes relating to elections; and
(h)to perform such other functions as may be prescribed by Parliament by law.
(2)The Electoral Commission shall hold presidential, general parliamentary and local government council elections within the first thirty days of the last one hundred and twenty two days before the expiration of the term of the President, Parliament or local government councils as the case may be.
(3)Except where it is impracticable to do so, the Electoral Commission shall hold general parliamentary and local government council elections on the same day.
(4)Subject to this Constitution, the Electoral Commission shall, in accordance with the law, determine the dates for holding the elections referred to in clause (2).