The sudden passing of Akua Donkor, the Ghana Freedom Party (GFP) presidential candidate, has left a significant void in Ghana’s political arena, sparking questions about the effects on the upcoming election.
As the Electoral Commission (EC) of Ghana continues preparations for the presidential race, many are curious about the protocol when a presidential candidate passes away before an election. According to the Public Elections Regulations, specific guidelines apply, with the timing of a candidate’s death playing a key role in determining the next steps.
Should a candidate pass away before the nomination period closes, the returning officer must be promptly informed to officially remove the candidate from consideration. This formal notification is essential, as it prevents the deceased candidate from being inadvertently retained on the ballot.
Upon receiving formal notification and confirmation from the EC, the election process is restarted, and the commission sets new nomination and polling dates.
The new nomination day must fall within 14 to 21 days after the returning officer receives proof of death, and the new election day is scheduled no later than 14 days after the new nomination day.
In case of candidate death after nominations have closed but before elections
Under the Public Elections Regulation, if a candidate passes away and at least two candidates remain in the race, the election continues as scheduled. However, if only one candidate is left after such an event, they are declared the “Unopposed Candidate” and automatically win the election without a vote.
When the deceased candidate was nominated by a political party, the Electoral Commission allows the party a 10-day window to nominate a replacement. Following this, the election date can be rescheduled by up to 21 days to accommodate the new nomination.
However, it’s worth noting that certain aspects of the Public Elections Act remain unclear, especially regarding the protocol for handling the death of a candidate at the presidential level.
The Act specifies that elections in a “constituency” can be postponed for no less than 21 days, but it does not explicitly mention the procedure for presidential elections, which encompass multiple constituencies. Nonetheless, one could interpret the term “constituency” to refer to all constituencies collectively in this context.
If the deceased candidate was an independent, the Electoral Commission does not permit the nomination of a replacement. In this case, the election will proceed with the candidates who are still in the race.
In case of candidate death on the eve of elections
In the event that a candidate passes away on the eve of an election, and proof of death is presented to the returning officer before polling starts, the election process is immediately suspended. The returning officer then notifies the Electoral Commission of the situation.
Following this, the Electoral Commission will adjourn the polling, adhering to the same protocol as it would for a candidate who dies after the nomination period has closed.
Ghana’s electoral framework includes specific provisions to manage the unfortunate circumstance of a presidential candidate’s death prior to an election. These measures are designed to ensure continuity, uphold the integrity of the democratic process, and provide clear guidelines for addressing such incidents.
SOURCE: http://dew360.net
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