By-election votes cannot be transferred — EC

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Transfer of votes is not permitted in a by-election, according to the EC’s Director of Election Services, Dr Serebour Quaicoe.

“According to Article 112 of the Constitution, the EC is required to hold a by-election within 30 days after being notified of the vacancy by the Clerk of Parliament.”

“The 30 days will not allow for the 42-day period required for vote transfer,” he stated.

Dr. Quaicoe was speaking to the Daily Graphic about whether or not voting transfers were permitted in a by-election.

By-elections
The EC’s Director of Election Services further claimed that transfer of votes has not been permitted in any by-election held since Ghana reverted to multiparty democracy since those elections were held within 30 days of notification by Parliament.

Dr. Quaicoe used Regulation 22 of Constitutional Instrument 127 (Public Elections Regulations, 2020) to support his position that transfer of votes could not take place in a by-election because the stipulated 30 days for the poll would not allow for the 42 days required for transfer of votes.

He, therefore,  dismissed an earlier allegation by the opposition National Democratic Congress (NDC) that the EC was plotting with the governing New Patriotic Party (NPP) to insert the name of an unqualified candidate into the Assin-North voter’s register.

Dr Quiacoe said the commission would remain focused and expected the cooperation of the NDC.

He stated further that the commission was committed to conducting transparent, peaceful and credible elections. 

Assin North

The EC on May 31, 2023 announced Tuesday, June 27, 2023, as the date for the Assin North Constituency by-election in the Central Region after it was notified by Parliament that the seat was vacant following the Supreme Court’s ruling that declared the election of the former Member of Paliament, James Gyakye Quayson, unconstitutional.

The court held that his election was null and void because at the time he filed to contest, he owed allegiance to another country contrary to the laws of Ghana.

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