The sudden death of Ghana Freedom Party (GFP) presidential candidate Akua Donkor has raised critical questions about the electoral process in Ghana. With the presidential elections fast approaching, many Ghanaians are wondering:
What happens if a presidential candidate dies before an election? Ghana’s Public Elections Regulations and the Electoral Commission (EC) have set specific protocols to ensure continuity in such cases.
Here’s an in-depth look at how Ghana’s election laws manage the death of a presidential candidate, based on the timing of the event.
1. If a Candidate Dies Before Nominations Close
Before nominations officially close, a candidate’s death must be reported to the returning officer, as per Ghana’s Public Elections Regulations. The process following the notification includes:
- Verification of Death: The returning officer must receive formal confirmation of the candidate’s death.
- Restarting the Nomination Process: The EC sets a new nomination date between 14 and 21 days after receiving proof of death. This allows new candidates to file for nominations.
- Postponing Election Day: The election is rescheduled for a new polling date, typically within 14 days of the new nomination day.
This allows parties and independents time to adjust and ensures voters are aware of the new candidate options.
2. If a Candidate Dies After Nominations Close but Before the Election
If a candidate dies after nominations close, the course of action differs based on the remaining candidates:
- Multiple Candidates: If two or more candidates remain, the election proceeds as scheduled.
- Unopposed Candidate: If only one candidate remains, they are declared the winner without an election, making them the “Unopposed Candidate.”
Replacement for Party Candidates: If the deceased candidate was nominated by a political party, the EC allows the party 10 days to nominate a replacement. The election is then postponed for up to 21 days from the date the new candidate is nominated.
This approach helps maintain the integrity of the electoral process while respecting party structures.
3. If a Candidate Dies on the Eve of the Election
In the rare event that a candidate dies just before the election and proof of death is provided to the returning officer, the election is suspended, following these steps:
- Election Adjournment: The returning officer notifies the EC, which then adjourns the election.
- Rescheduling: The election is rescheduled following the same procedure as if the candidate had died after nominations closed but before the election date.
These measures are in place to avoid disrupting the democratic process while allowing voters a fair chance to consider the new candidates.
4. Independent Candidates
If the deceased candidate was an independent, the EC does not allow a replacement. The election proceeds with the remaining candidates, as there is no political party to field a replacement.
Ambiguities in the Public Elections Act
The Act mentions a minimum 21-day postponement for constituencies if a candidate dies.
However, it lacks explicit provisions for presidential candidates, where an election involves all constituencies collectively. While the “constituency” term might be interpreted broadly, the EC would likely apply consistent postponement protocols to maintain election integrity.
