Will Akua Donkor’s death change the ballot positions in Ghana’s 2024 elections?

As Ghanaians mourn the passing of Akua Donkor, the Flagbearer of the Ghana Freedom Party (GFP), her death has stirred legal questions regarding the upcoming December 7, 2024, general elections.

A section of the public is questioning whether Donkor’s death, given her number 3 position on the presidential ballot, will affect the ballot order of other candidates.

But can the ballot positions really be changed, and does Donkor’s death mean a reshuffling is imminent?

Here’s what Ghana’s electoral laws specify:

Nomination of a Candidate for Presidential Elections:

Firstly, what qualifies a candidate as officially nominated? According to Regulation 9(1) of the Public Elections Regulation, 2020 (C.I. 127), “Whenever the nomination paper and the statutory declaration of a candidate are delivered and the deposit is paid in accordance with these Regulations, the candidate shall be considered to stand nominated, unless proof is given to the satisfaction of the returning officer of the death, withdrawal or disqualification of the candidate.”

This indicates that once a candidate’s nomination forms are submitted and accepted by the Electoral Commission (EC) Chairperson, Jean Mensa, they are officially in the running unless they withdraw, pass away, or are disqualified.

Under Regulation 10 of C.I. 127, the EC Chairperson must “compile and sign a list of nominated candidates as at the close of nomination day.”

Consequences of Candidate Withdrawal:

Regulations 10(5) and 10(6) clarify what happens when a candidate withdraws after their details appear in election notices. The candidate’s name remains on such notices, though any votes cast for them would be deemed invalid.

(5) Where a duly nominated candidate whose name appears on the nominated list displayed at the constituency centre withdraws as candidate after ballot papers and related election notices have been printed, the ballot papers and related notices may continue to include the name and other particulars of the candidate.

(6) The Commission shall not refund the deposit paid by the candidate in respect of the nomination, and votes cast in favour of that candidate shall be declared invalid.

What If a Presidential Candidate Dies?

Under Regulation 13(1) of C.I. 127, “Where the time allowed for the delivery of nomination papers has ended and on the day before the election two or more candidates stand nominated, a poll shall be taken in the manner provided by these Regulations and in accordance with any existing applicable law.” If a candidate’s death results in only one remaining contender, nominations reopen for a period of ten days.

If a candidate dies within 25 days of the election, the vote in their constituency is postponed by 21 days.

Further Clarification on the Death of Candidates:

Regulation 17 of C.I. 127 offers additional clarity regarding the death of a candidate, stating that:

• The election may be postponed.
• The deceased candidate’s political party may nominate a replacement.
• For independent candidates, no replacement is permitted.

1992 Constitution Overview:

Article 50(4) of the 1992 Constitution stipulates, “Where at the close of nominations, but before the election, one of the candidates dies, a further period of ten days shall be allowed for nominations; and where the death occurs at any time within twenty-five days before the election, the election in that constituency or unit shall be postponed for twenty-one days.”

This however provides a 10-day window for new nominations if a candidate dies before the election date. If a death occurs within 25 days before the election, a 21-day postponement follows.

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