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VOTER'S EDUCATION

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Voter's Registration
Legislative parliament endorsed the Voter's Roll Act, 2063 for Constitutent Assembly Election on December 29, 2006. The act entrusted the responsibility of collecting the voter's list and updating it, to the Election Commission of Nepal. The act provides for two kinds of Voters- temporary and permanent.
- Voter Registration and Updating Process:
- The Election Commission must perform the function of voter registration in Village Development Committees and municipalities, under its direct supervision, control and direction.
- The Commission begins the task by releasing the existing list in different VDCs and municipalities.
- While registering or updating the voters list, the Election Commission has to issue the notice on the State sealed document, known as Rajpatra.
- The Commission may mark the timeline for registration. The registration could either happen in the same period or at different periods at different areas. However, the registration for a particular VDC or municipality must happen at the same time.
- The Commission may appoint a Chief Registration Officer, Registration Officer or Assistant Registration Officer in every District, for collection of the names and necessary information about a voter, preparation of Voter's Roll and voter roll updating or any other work related to it, according to the requirement.
- For the purpose of Voter Registration and Voter's roll updating, the Commission may deploy government officers, Civil Servants or government school teachers, depending on the requirement.
- The Registration officer will be stationed in a municipality or a VDC, depending on the closeness of distance to his/her residence.
- Qualifications for a Voter:
- Has to be a Nepali Citizen
- Should have arrived at the age of 18 by the end of the year before the Voter registration is being conducted. The case is exceptional for the Constituent Assembly election. A voter needs to have arrived at the age of 18 by December 2006.
- Has to be a permanend resident of a VDC or municipality.
- Permanent Resident:
Anyone who has been residing in an area, VDC or municipality over a long period of time, is considered a permanent resident of the area, regardless of the following factors:
- Anyone who has been registered in the voter list but is residing elsewhere due to work related posting.
- If a person is away on business, away for treatment, away on urgent work or in prison.
- Temporary Residents:
Under the following circumstances, a person will be considered temporary resident:
- If he/she has rented property for business use and lives there only temporarily. He/she and his/her family will be called temporary residents.
- Government employees, posted to different parts of the country for work, army/police personnel stationed at different places. Those who live away from their residents, at hospitals, nursing homes, army barracks, cantonments, schools, hostels, orphanage or old age homes or prisons.
- Transfer of Registration:
If a person has migrated to a different area due to marriage or other reasons, his/her name may be registered in the voter's roll in the area where he/she is currently living. During the time of registration, the applicant has to provide evidence of marriage or other reasons to justify the migration. Without evidence, the name will not be registered.
- Evidence for Registration:
It is forbidden to register as a voter in more then one VDC or municipality. According to the Voter Registration Act, the voter has to present Citizenship certificate, property papers or identity card certified by the government. If one fails to provide evidence, the registration officer may ask for recommendation of the VDC or the Municipality for registration. Anyone who fails to supply evidence, will not be registered as a voter. But no Nepali citizen is barred from voting if he/she does not have the citizenship certificate alone, as long as he/she can produce other government authorised document.
- Citizen's duty toward Voter Registration:
- It is every citizen's duty to register with the Election Commission, if he/she has arrived at the correct age for voting.
- Members of a family must support the Election officer in collecting information for registration, by supplying correct information.
- Publication of Voter's Roll:
- The Voter's Roll will be released in repective ward offices of VDCs or municipalities within the time fixed by the Election Commission.
- If the name of a person is missing from the list, he/she may apply with the Registration Officer during the timeline mentioned by the EC for re-registation. The person will have to bring along necessary evidence for the purpose.
- If there are any mistakes in the name, in the Voters' list published by the Election Commission, the concerned person or his/her family member may apply for amendment, along with evidence, within the deadline mentioned by the Commission.
- Release of amended Voter's List:
If applications are filed for amendment, a Registration Officer must make amends and publish the list within the time limit mentioned by the Election Commission.
- Objection against the Voter's List:
Voter or voters are permitted to object the filing of registration of a person, who they consider ineligible to register to vote. The objection may be presented to the ward offices, within the stipulated time, along with its justification. If the Registration Officers decide that the case if justified, the person's name will be removed from the voters' list.
- Removal of repeated names:
If a voter's name has been registered in more than one constituency, the voter must file an application with the Registration Officers, requesting them to remove his/her name from lists in the other areas.
If the Registration Officers find that name has been registered more than once, the name has to be removed from the other constituencies, save the one which is the permanent residence of the voter. A notice has to be issued in the concerned ward office regarding the removal of name.
- Removal of name from Voters' List:
- If a voter dies or migrates, or gives up Nepali citizenship, or loses the right to vote due to any other reason, any other voter who has information about it, may inform the Registration officer, within the time mentioned by the Election Commission.
Once the notice is issued, the Registration Officer has to conduct an investigation and remove the name on the basis of evidence.
- f a Registration Officer finds out through legal documents that a voter has tranferred to a different constituency, the voter's name must be removed from the list. The officer has to put up a notice in the concerned ward office about the removal of the name from the voters' list.
- Release of final Voters' List:
- After the completion of the process of claim, objection, investigation and amendment, the Registration officer has to prepare a final list of voters and publish it within the timeline mentioned by the Election Commission.
- The Registration Officer has to send the finalized voters' list to the Election Commission within the stipulated time.
- Revision of Voters' List:
The Election Commission may review the voters' list, 35 days from the date it is submitted. If updating of the list is required, the Election Commission may direct the concerned Registration Officer to revise the list.
- Special case for inclusion of name:
If a person attains a citizenship certificate after the release of the list, he/she may apply with the Chief Registration officer, within the timeframe mentioned by the Election Commission, requesting for inclusion of name in the list. The Chief Registration Officer, for his part, must conduct any necessary investigations into the matter and include the name in the Voter's list, if deemed justified.
- Final Voter's List:
The voter's list, when finally released, is not subject to change, save the special case mentioned above. The process of voter registration, its updating or amendmentment, conducted by the Election Commission officers, cannot be challenged in any court.
- Special Provision on Temporary Voting List:
The Election Commission will order the prepartion of a separate temporary voters' list under its direct supervision and control. The temporary voting list will include the name of the following persons:
- Government officials, local bodies officer bearers or employees of organizations owned by the government.
- Those stationed in police centres or army barracks or in cantonments (such as the Maoist soldiers)
- Prisoners and convicts
- Election and Security Officers deployed at the polling centres.
- Temporary Voters:
- Government officials, local bodies officer bearers or employees of organizations owned by the government:
It is the Registration officer's job to prepare and update the list of these persons. If a job-holder at a government institution has been posted to his/her own residence area, the name will however be registered in the permanent voting list.
- Those stationed in police centres or army barracks or in cantonments:
A separate Voters' list is prepared from the municipal or ward office, where the barrack or the contonment is located. This list is considered a temporary voters' list. The temporary list will be made, on the basis of the evidence list provided by the administrative officer of the barrack of the Maoist cantonment.
- Prisoners and convicts:
The Registration Officer is responsible for preparation of the temporary voting list for inmates. A separate Voters' list is prepared from the ward office or municipal office, where the prison is located. This list is considered a temporary voters' list. The Jailor or the Prison in-charge is responsible for providing evidence to the Election officer for the preparation of the temporary voting list.
- Election and security Officers deployed at the polling centres:
The Election Commission will prepare a separate temporary voters list of election or security officers, at the time of their deployment to the polling stations.
- Temporary Votes List:
- Temporary voters will only be allowed to cast their vote for the proportional representation election during the Constituent Assembly election, scheduled for April 10th.
- Voter registred as temporary, may cast their ballot at a special polling station established for them by the Election Commission.
- Disqualification of Voter:
Every voter registered in the voters list is permitted to cast a ballot. However, the following persons will be barred from casting a ballot:
- a person who is of unsound mind
- a person who is facing a sentence on charges of Electoral Offence. Or if he/she has not crossed a period of a year since being imprisoned on such charges.
- Guilty of Electoral Offence:
A person is considered guilty of electoral offences if:
- If a non-Nepali citizen registers himself/herself in the voters list by way of lying.
- If during the registration process, a person has lied about name, family name, residence, age or other information. If the person has applied for registration with wrong information or if the person has filed faulty protest application.
- If one adds information or makes amends to an already released voters list, or if he/she destroys or attempts to destroy it.
- If one tries to bribe the Election Officers, threaten or terrorise them or misbehaves with them.
- If the confidentiality of a matter related to voter registration is violated.
- Punishment:
- If a non-Nepali citizen registers himself/herself in the voters' list by way of lying, he she will be charged a fine of up to 5 thousand rupees and imprisoned for 6 months. Or face either one of the two.
- A person who has assisted the person in carrying out such a deed or has planned it, is also subject to 50% of the punishment mentioned above.
- Election Commission may take action against a person for electoral offences such as, inclusion or exclusion of names or changing of names in the list incorrectly, according to the prevaling laws under the Nepal government.
- Verification of Voter:
- If a voter applies with the Election Office, requesting evidence of registration of his/her name as a voter, Commission or Election officers must provide evidence of registration.
- Assistance for Registration Officer:
According to the act, while preparing the permanent and temporary voters' list, it is the duty of all concerned to provide the information sought by the registration officer.
Support committee: According to the Voters' Registration act, the Election Commission may form a support committee for the purpose of voter registration and list updating. The committee will comprise political party representatives at the local level.
- Voter's Identity Card:
The Election Commission may issue a notice in the State sealed document (Rajpatra), announcing that voter's identity card should be collected in particular or all the constituencies. If such a provision is made, the people in the constituency will have to bring along their voter card while casting the ballot. However, since Voter's Identity Card has not been distributed nationwide for Constituent Assembly election, anyone who has been registered in the voters list will be able to cast their ballot.
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