National Electoral Commission |
National Electoral Commission |
Chapter 4: The National Electoral Commission |
Article 208: Mandate |
The National Electoral Commission is exclusively responsible for managingreferenda and presidential, parliamentary and local elections, which includes thepreparation of a database of voters, input on the division of constituencies, controlover electoral funding and expenditure, electoral campaigns and other procedures,up to the announcements of results.
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The Commission may be entrusted with supervising the elections of trade unions and other organizations.
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The foregoing is regulated by law.
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Article 209: Composition and term |
The National Electoral Commission is administered by a board made up of 10members selected equally from among the deputies of the head of the Court ofCassation, the heads of the Courts of Appeal, the deputy head of the State Council,the State Affairs and Administrative Prosecution, who are to be selected by theSupreme Judicial Council and special councils depending on the circumstances fromoutside their board members, to be fully delegated for exclusive work at theCommission for one term of six years. The Commission’s presidency belongs to itslongest-serving member from the Court of Cassation.
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Elections are held to renew half of the Commission members every three years.
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The Commission may refer to public figures or specialists deemed to have relevantexpertise in the field of elections. The Commission has an executive body.
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The foregoing is organised by law.
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Article 210: Balloting and counting of referenda andelections |
Voting and counting of votes in referenda and elections run by the Commission isadministered by its affiliated members under the overall supervision of the Board.Members are furnished with the necessary securities that enable them to performtheir role with impartiality and autonomy.
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As an exceptional measure, the Commission delegates the overseeing of voting andcounting of votes to members of the judiciary for at least 10 years from the date the Constitution is ratified, all as regulated by law.
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Article 211: Dispute resolution |
The Supreme Administrative Court adjudicates on appeals brought against thedecisions of the National Electoral Commission pertaining to referendums andparliamentary or presidential elections and their results. Appeals pertaining to localelections are brought before an administrative court.
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The law regulates the procedure for appeals and the timeline for adjudication in amanner that does not disrupt the electoral process or the announcement of finalresults. The final results of referendums or presidential elections may not bechallenged after their announcement.
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In all cases, the announcement of results must take place within a period notexceeding eight days from the ballot date.
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