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PART
I: PRELIMINARY
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1.
This Act may be cited as the
Electoral Act.
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2. (1)
In this Act, unless the
context otherwise requires-
"candidate" means
any person nominated as a
candidate for election;
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"Commission"
means an Electoral Commission
established under the Constitution;
"constituency" means any of
the constituencies into which Zambia
is divided under the Constitution;
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"the
Constitution" means the
Constitution set out in the Schedule
to the Constitution of Zambia Act;
"corrupt practice" means any
offence against this Act which is
declared under this Act to be a
corrupt practice;
"costs" includes charges and
expenses;
"direct election" means an
election to the office of President,
or an election for a member of the
National Assembly;
"Director of
Elections" means the person for
the time being holding or Acting in
the public office of Director of
Elections;
"election"
means, a direct election and cognate
expressions shall be construed
accordingly;
"election officer"
has the meaning assigned thereto in
sub- section (6) of section fifteen;
"election petition" means an
election petition referred to in
section eighteen;
"high judicial office" has
the. meaning assigned to it in the
Constitution;
"illegal practice" means any
offence against this Act which is
declared under this Act to be an
illegal practice;
"member" means an elected
member of the National Assembly;
"petitioner" means, in
relation to an election petition, any
person referred to in section nineteen
who signs and presents such election
petition under section twenty, and
includes any person substituted for a
petitioner under section twenty-five
or section twenty-six";
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"political
party" means an organisation
registered under the Societies Act the
objects. of which include any
political activity or the sponsoring
of candidates for election to the
office of President or as a member of
the National Assembly;
"register of voters" means a
register of voters for any
constituency, or part of a
constituency, prepared and maintained,
or deemed to be prepared and
maintained under this Act;
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"registered"
means registered in a register of
voters under this Act, and
"registration" shall be
construed accordingly;
"Registrar" means the
Registrar of the High Court;
"respondent" has the meaning
assigned thereto in subsection (4) of
section twenty-one;
"returning officer" in
relation to the election of a
President, means the returning officer
specified in the Constitution;
"voter" means a person who
is entitled to vote at the relevant
election.
(2) For the purposes of this Act, the
expression "election
expenses" means expenses
incurred, whether before, during or
after an election, on account of or in
respect of the conduct or management
of such election by or on behalf of a
candidate:
Provided that the following expenses
shall not be deemed to be election
expenses:
(a) any moneys expended or expenses
incurred by any association or
group of persons or by any person in
the general interests of a political
party or organisation or its
candidates generally, not being moneys
expended or expenses incurred directly
in the particular interests of any
particular candidate or expenditure
incurred by a political party with the
consent of a candidate and apportioned
to such candidate under this Act; or
(b) any moneys expended or expenses
incurred by any political party or
organisation in the printing,
publication or distribution of the
official organ of that political party
or organisation; or
(c) any election fee.
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