Electoral Act 2006 Vs Electoral Act 2010: What's the difference?

Now That President Goodluck Jonathan has finally signed into law

the new Electoral Act 2010, what impact would the new law play on

the 2011 Elections? First, there are some major changes but the

crucial ones are to Section 31[EA 2006] now section 30[EA 2010]

which provides for notice of election to be given not later than

150 days. The new 2010 Act's notice of election is 90 days. The

implication of this is when the 2011 Elections would be held. INEC

would have to schedule the general elections by January to satisfy

the current law. Political parties on their parts would have to be

conscious of the changes to section 32 [EA 2006] now section 31

[EA 2010] which previously mandated the parties to submit the list

of candidates to INEC not later than 120 days before the

elections. Now the parties under the 2010 Act have 60 days to

submit their list of candidates with a sworn affidavit.

There is no change to the voting sytem which still remains Open

Secret ballot, although the numbering is now different: Section 53

[EA 2006] now section 52 [EA 2010].Electronic voting is still

prohibited by section 52(2)[EA 2010] just like section 53(2) [EA

2006]

As for moneybags who want to be the major financiers of the 2011

elections, they have to be mindful of the new section 91[EA 2010]

which limits party donations. The threshold has been upped. While

the old electoral law 2006 limits presidential expenses to

N500million, it is now N1Billion.Governoship elections is now

N200million as opposed to the former figure of N100million; Senate

is N40million instead of N20million; House of reps is N20million

instead of the former N10million; State Assembly is N10million

instead of N5million; N10million for chairman instead of the old

N5million and N1millon for councillor as opposed to the 2006 Act's

provision of N500,000. It is an offence for an individual to

donate more than N1million to the campaign fund of a candidate.

The penalties after conviction ranges from a fine of N100,000 to

N1milion and or imprisonment from one month to 12 months or both.

Be warned!

What Electoral Law Will INEC use for 2011 Elections?

The 2011 Elections will either make or mar President Goodluck Jonathan's presidency. To a lot of observers, a power play is in the offing as regards which law to use in organising the 2010/2011 Elections. While the Electoral Act 2006 has been subjected to a rash of criticisms leading to a review and subsequent passing of the new Electoral Bill 2010 by the House of Reps and the Senate, President Jonathan's assent to the Bill is being awaited with much anticipation. The delay in the president's assent, critic say is due to his perceived disadvantage when the Bill becomes operational. Again, the 2010 Supplementary Appropriation Bill which takes into account, INEC's huge voters register bill of N87.7billion which had been passed by the two houses of assembly would need the president's assent. If he fails to assent to the two Bills, the only recourse for the enactment of the two Bills is for the National assembly to override the president's veto power. To achieve this, a lot of 'horse trading' in form of Ghana-must-go must change hands. The unfortunate public, the tax-payers have no say in all these. The question therefore is how do we get a free and fair election when the structure already seem faulty? Your guess is as good as mine!