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Introduction
On Tuesday, September 2, 2025, police officers in Kotokoli Zongo in the Akwatia Constituency whisked away a young man who attempted to cast a ballot on behalf of his mother during the ongoing by-election. The election follows the passing of the late MP for the area, Ernest Kumi. Voters are choosing between Solomon Kwame Asumadu of the New Patriotic Party (NPP) and Bernard Bediako Baidoo of the National Democratic Congress (NDC).
In a video published on Channel One TV’s Facebook page, the young man says: “Someone has voted for his father, and you are telling me I don’t have the right to vote for my mum.” The clip has since gone viral, with over 40,000 views and more than 1000 reactions.
This incident raises an important question: Does Ghana’s electoral law allow anyone to vote for a relative or another person? DUBAWA, however, sought to clarify the law’s meaning.
What the Law Says
Article 42 of the 1992 Constitution guarantees every citizen the right to vote. However, the Constitution also mandates the Electoral Commission (EC) as the party responsible for elections.
According to DUBAWA’s checks, there is only one legal avenue through which one person can vote on behalf of another: proxy voting. This is regulated under Section 25 of Constitutional Instrument (C.I.) 94, Public Elections Regulations, 2016, and is also stated on the Electoral Commission’s website.
Proxy Voting
Proxy voting allows a registered voter who cannot be physically present at their polling station on election day to authorise another registered voter to cast their ballot.
How it works
- The voter applies to the EC at least 42 days before election day, stating valid reasons (such as official duties, illness, or travel).
- The EC reviews the application and, if approved, records the appointed person’s details in the proxy voters’ list.
- On Election Day, the proxy votes on behalf of the applicant at the designated polling station.
Key Facts
- Only registered voters are eligible to serve as proxies.
- One person cannot act as a proxy for more than one voter.
- Voting for someone without EC approval constitutes impersonation, which is a criminal offence punishable by fines, imprisonment, and disqualification from voting.
Source: Electoral Commission
Is Proxy Voting Permitted in a By-Election
No. This is because by-elections are conducted within 30 days of a vacancy, in line with Article 112(5) of the Constitution. Proxy applications, however, must be submitted 42 days before an election. This timeline makes proxy voting impossible in a by-election.
Assisted Voting
Assisted voting enables registered voters who are blind, illiterate, or physically challenged to receive help in casting their ballot. Section 34 of the Constitutional Instrument 94 (C.I. 94), Public Elections Regulation 2016, also clearly stipulates the processes one must follow.
How it works
- Such a voter may be assisted by a person of their choice, provided that person is also a registered voter.
- If the voter does not bring someone, the Presiding Officer at the polling station must assist them.
- The process must protect the secrecy and integrity of the ballot.
Source: Electoral Commission
Conclusion
While Ghana’s laws protect every citizen’s right to vote, no one can simply decide to vote for a relative. The only legal exception is proxy voting, which requires EC approval in advance. However, assisted voting is designed for those with disabilities or literacy challenges. Any other attempt constitutes an electoral offence.
