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THE GENERAL ELECTIONS AND
REFERENDUM LAW NO. ( ) 2001 OF THE REPUBLIC OF YEMEN
Part One
Operational Definitions & Voting Rights
Section One
Definition of Terms
Article (1): This Law shall be called the General Elections &
Referendum Law.
Article (2): For the purpose of this Law, the following words
and
expressions shall have the following meanings unless
the context dictates otherwise:
(a) Republic: The Republic of Yemen;
(b) Citizen: Every Yemeni national (male or female);
(c) Voter: Every citizen entitled to vote in any general elections and/or
referendum in accordance with the Constitution and the provisions of this
Law;
(d) Voting domicile: The usual place of residence of a person or the place
where this person has his/her main business or the place of residence of
his/her family even if the said person does not live in such a place;
(e) General elections: The direct means for people to exercise their right
to elect the President of the Republic and to designate their
representatives in Parliament and/or Local Councils through direct and
free elections and by means of secret balloting;
(f) Supreme Committee: The Elections and Referendum Supreme Committee;
(g) Supreme Committee’s General Secretariat: The Administrative,
Financial & Technical Apparatus of the Supreme Committee;
(h) Branch Offices of the General Secretariat: All administrative units
formed by the Supreme Committee in the Capital City Municipality and at
the centers of other Governorates to undertake administrative tasks and
responsibilities in accordance with the provisions of this Law and its
Executive Order;
(i) Voter Registers’ Committees: The Main Committee and the Branch
Committees in charge of establishing the registers featuring the names and
particulars of voters. This includes reviewing and making copies of the
said registers all in accordance with provisions of this Law;
(j) Supervisory Committees: The committees formed by the Supreme Committee
in each Governorate in order to supervise the work of other elections
subcommittees;
(k) Election Committees: The Main Committee and Subcommittees formed by
the Supreme Committee for the sole purpose of administering the whole
elections processes including balloting, vote-counting and declaration of
results at each constituency level;
(l) First Sub-committee: The core committee at any electoral center. The
same committee also acts as the main committee at district electoral
levels;
(m) Constituency: An area which is part of the electoral districts of the
Republic where citizens exercise their right to vote in accordance with
the Constitution and the provisions of this Law and other applicable laws;
(n) Electoral Center: A sub-division at the constituency level where
eligible voters exercise their right to vote in any general elections
and/or referendum;
(o) Electoral District: The core electoral units which constitute an
electoral center within any given constituency. Voter Registers at
electoral district levels shall be deemed official registers for local,
parliamentary and presidential elections and/or public referenda;
(p) Electoral final register: The officially announced lists of eligible
voters. These lists are final and irrevocable;
(q) Balloting: The direct means for voters to express their opinion(s) in
any general elections and/or referendum;
(r) General referendum: The direct means to solicit public opinion about
any subject and/or issue through a general referendum to be called upon by
the President in accordance with the provisions of the Constitution;
(s) Proportionate majority: The relative majority of valid votes in any
general elections;
(t) Absolute majority: More than half the number of votes in any general
elections;
(u) By-laws: All Executive Orders linked up to this Law;
(v) Supplementary elections: Complementary elections conducted in one or
more electoral center(s) at any constituency level where the results of
the general elections are declared null or where elections are prematurely
terminated;
(w) By-elections: A special election to replace a politician who has left
Parliament or the Local Council as a result of resignation, death and/or
appointment to a public office
other than the Council of Ministers.
Part One: Section Two
Voting Rights
Article (3): All citizens who have attained (18) complete calendar years
are entitled to vote except naturalized persons who have not completed the
cool-off period required by Law following naturalization.
Article (4):
(a) All voters exercise their voting rights in the constituency they have
their domicile address. If a person has more than one domicile address,
s/he shall be required to decide the domicile where s/he wishes to vote.
In any event, no person may be allowed to register in more than one
electoral center. A voter may only be allowed to exercise his/her right to
vote in the electoral center in which s/he is registered.
(b) A voter may have the right to change his/her domicile address and opt
for another one within the options available for each voter in accordance
with the provisions of this Law. In such instances, a voter shall be
required to submit an application to this effect to the applicable
election committee within whose jurisdiction the new domicile address
falls. The Voter Registration Card shall be attached to the said
application. Following this, the election committee referred to above
shall be required to enter the voter’s name into its registers providing
that all legal requirements are fulfilled. Accordingly, the Supreme
Committee shall be informed and shall be required to relay such
information, in due course, to the applicable election committee within
whose jurisdiction the former domicile address falls. The committee shall
then be required to delete the said voter’s name from its registers before
the publication of the Final Voters’ Register in accordance with the
provisions of Article (13) of this Law. No committee shall have the right
to register any voter on relocation grounds before a lapse of at least (6)
months following the submission of an application for registration.
(c) All election committees shall be required to forward to the Supreme
Committee all changes in voter registers due to relocations on the next
day following the deadline for voter registration. The Supreme Committee
shall – in turn – relay such information to all concerned authorities
within (7) days following the closure of registration. Election committees
shall then be required to delete (where appropriate) relocated voters’
names from their registers.
(d) Any person who has deliberately and knowingly caused his/her name to
be listed in voter registers using more than one domicile address in clear
violation of the provisions of Article (13) of this Law – shall be
punishable in compliance with the provisions of Article (133) of this Law
and the penalties stipulated thereof.
(e) No person shall be forced to accept a specific domicile address or to
vote against his/her wish in favor of a designated candidate. Any person
(from the military or civil service) who may have abused power and
authority to influence the opinion of any given voter – shall be
punishable in accordance with the provisions of Article (133) of this Law.
Such a person may also be removed from office.
Article (5): For purposes appertaining to presidential elections and/or
public referenda, the Republic of Yemen
shall be deemed as one constituency. Eligible voters in possession of
proof of identity (i.e. valid ID., Voter Registration Card, and/or any
official document with personal photograph attached to it) shall have the
right to vote at any electoral center. The Supreme Committee shall take
appropriate measures to guarantee the right to vote to all eligible
voters.
Article (6):
(a) Yemeni citizens living abroad whose names are duly entered in the
electoral final register and who are in possession of a Voter Registration
Card – may be allowed to vote at any Yemeni embassy and/or consulate
overseas. The Supreme Committee shall take appropriate measures to ensure
implementation of this Clause in view of embassy circumstances in each
country.
(b) Elections may not be administered at a Yemeni embassy and/or consulate
unless the quorum of (500) eligible voters with valid Voter Registration
Cards is met.
Article (7): The Supreme Committee shall take all
appropriate
measures to encourage women to exercise their voting
rights by forming Women Committees to undertake the
tasks of registration and identity verification of women
voters in district and electoral centers at each individual
constituency.
Article (8): Each eligible voter shall have one vote and may not be
allowed to cast his/her vote more than once during the same electoral
round.
Part Two
Voter Registers
Article (9):
(a) Each constituency shall have a permanent voters’ register prepared by
the Main Committee and other sub-committees. The scope of jurisdiction and
offices of these committees shall be determined by the Supreme Committee.
The said committees shall exercise their duties in accordance with the
provisions of this Law and other relevant By-laws and Executive Orders.
(b) Sub-committees shall be required to submit to the Main Committee the
registers of all eligible voters in each constituency to be incorporated
in the permanent voters’ register of the said constituency. Registers
shall be duly signed by the head and members of each committee.
Article (10): The voter registers in each constituency shall include
detailed listing of particulars of all citizens – (i.e. name, surname,
profession, date of birth, domicile address, etc.) – who on January first
of each year would have become constitutionally eligible to exercise their
voting rights. Voters may not be allowed to register in more than one
constituency.
Article (11): Voters’ Registration Committees shall be held responsible
for verifying the identity of each voter to ensure that s/he has attained
the legal age. This may be ascertained by means of a proper ID. card or
any statement or testimony issued by a local official on condition that a
personal photograph is attached to such a statement or testimony. Such
statements and/or testimonies may be given under oath.
Article (12):
(a) Periodic reviewing and up-dating of voter registers shall be carried
out during a (30) day period once every two years. A final review shall
also be carried out at least (4) months before any general elections.
Periodic reviewing shall be made to ensure that names of all citizens who
are eligible to vote are included. In any event, no changes in voter
registers shall be affected after the call is issued for voters to
participate in any general elections and/or referendum.
(b) Any periodic reviewing of voter registers shall aim at:
1. Adding the names of persons who have become eligible to vote in
accordance with the Law;
2. Adding the names of persons who were wrongfully omitted from previous
registers;
3. Deleting names of the deceased;
4. Omitting the names of persons who have lost their right to vote. Such
omissions may have to be explained and justified;
5. Deleting all names which may have been wrongfully inserted. Such
omissions may have to be explained and justified;
6. Omission of all names of persons who have changed their domicile
addresses and the addition of new arrivals to the voter register at
constituency level.
Article (13):
(a) Official copies of voter registers for each constituency endorsed by
the Head of the Main Committee shall be posted in designated areas for
five days from Day No. (6) following the end of the reviewing process of
voter registers. Political parties and organizations shall have the right
to obtain (upon request) official copies of voter registers at their own
cost. Such requests may only be entertained within the (5) day period
cited above.
(b) Each citizen residing in any constituency is entitled to request the
Main Committee to enter his/her name in the voters’ register had that been
wrongfully omitted or deleted. Each registered voter shall have the right
to demand the insertion of any name which may have been wrongfully omitted
or the deletion of any name which may have been wrongfully inserted. In
such instances, applications should be presented to the offices of the
committee in charge of reviewing voter registers within (15) days from the
day marking the official publication of the voters’ registers. Each
application shall be recorded against a receipt in a special register
marking the filing date for each request and/or application. Each voter
shall be entitled to examine such registers.
Article (14):
(a) Applications for addition and deletion (referred to in the Article
cited above) shall be dealt with the following day. Final decisions shall
be reached within (5) days following the submission of such applications
and/or requests. The Reviewing Committee of Voter Registers may have an
audience with the applicant and the other person involved in each case and
may undertake all investigations and enquiries which are deemed
appropriate by the said Committee.
(b) Decisions taken by the Committee cited above shall be posted in
designated areas as detailed in Article (13) hereof and for five
consecutive days from the date such decisions are being reached.
Article (15):
(a) Each eligible voter from any constituency shall be entitled to contest
and appeal the decisions taken by the Reviewing Committee of Voter
Registers. Such contests and/or appeals may be presented before a Court of
First Instance with subject-matter jurisdiction within (5) days following
the announcement of the Reviewing Committee’s decisions. In any event,
each case shall be decided upon by Court independently. The Court may
up-hold the contest by ordering amendment of voter registers either by
addition or deletion of names or it may otherwise overturn such contests.
Courts shall start dealing with contests one day following the beginning
of the review and appeal period. The court’s verdicts shall be announced
within (15) days following the deadline for appeals and/or contests to be
filed. A copy of court verdicts shall be forwarded to the Main Committee
and to concerned contestant(s). The Main Committee shall be required to
post all court verdicts in the designated areas specified in Article (13)
of this Law. Court verdicts shall be posted for (5) consecutive days
following the announcement of court rulings.
(b) Every eligible voter in any constituency shall be entitled to contest
the rulings of the Court of First Instance by filing an appeal to any
judge appointed by the Head of the Court of Appeals in any Governorate
within (10) days following the deadline for such appeals to be filed. If
need arises, several judges may be delegated to look into such appeals in
various constituencies. Court rulings in such instances shall be final and
irrevocable and shall be announced within (20) days from the deadline for
such appeals to be filed. Court rulings shall be forwarded to each
individual contestant and to the concerned Supervisory Committee which in
turn shall be required to furnish the Main Committee with copies of these
rulings no later than (24) hours following their receipt.
Article (16):
(a) The Main Committee shall be required to affect changes in voters’
registers according to final and irrevocable court rulings. No changes
shall be allowed in voters’ registers following the call for electorate to
vote. Once such a call is issued, voters’ registers shall be deemed final.
(b) Voters’ final registers are indisputable. No person shall be allowed
to vote in any general election and/or referendum unless that person’s
name is duly entered in voters’ final register.
(c) In exceptional circumstances where elections and/or referendum are
called upon in short notice, the final voters’ register used in any recent
election together with any recent addenda shall be deemed appropriate and
binding for election and referendum purposes.
Article (17): Five copies of voters’ registers shall be issued
for each
constituency. Each copy shall be duly signed by the
Head of the Main Committee and two other committee
members. A copy of voters’ register shall be deposited
with the following bodies: (a) the designated Elections
Committee at the constituency level (b) the Supreme
Elections Committee (c) the Parliament’s Secretariat
(d) the Supreme Court (e) the General Secretariat’s
Chapter of the Supreme Committee at the Governorate level.
Article (18):
(a) Each citizen whose name is entered in voters’ registers shall have the
right to vote upon submission of a proper ID. Card, Voter Registration
Card and/or any other statement on condition that a personal photograph is
attached to such a statement.
(b) By-laws shall stipulate rules and regulations appertaining to Voter
Registration Cards.
Part Three
The Supreme Committee: Organizational Structure, Duties & Responsibilities
Article (19):
(a) The Supreme Elections Committee is composed of (7) members to be
appointed by the President of the Republic. The appointees shall be
selected from a list of (15) candidates forwarded to the President by the
Parliament. All candidates for the Supreme Elections Committee shall have
to meet the conditions and requirements stipulated by this Law.
(b) Candidates for the Supreme Elections Committee shall have to secure
the nomination of at least 2/3 of parliamentary members.
Article (20):
(a) The term of office for members of the Supreme Committee shall be six
calendar years effective from the date of appointment.
(b) Nomination hearings by Parliament for the Supreme Elections Committee
may start at least (30) days before the end of the term of office of the
current Committee. Committee members may be renominated and reappointed
for only one second term in office.
Article (21): Each Supreme Committee member must:
(a) Be at least (35) years old;
(b) Be of Yemeni parental origin;
(c) Hold a college degree or its equivalent and with relevant professional
competence & experience;
(d) Be of good character and conduct;
(e) Have not been convicted by court for any election offense or any other
crime in breach of ethics and professional conduct;
(f) Suspend political and/or party affiliation (if any) during his/her
term in office.
(g) Refrain from accepting nominations for any general elections and/or
partaking in election campaigns during his/her term in office as member of
the Supreme Committee.
Article (22):
(a) Supreme Committee members shall have the rank of Cabinet Minister at
least. Members not having this rank prior to their appointment shall
automatically be entitled to such a rank from the date marking their
appointment.
(b) Members of the Supreme Committee shall be entitled to all rights and
benefits accorded to active Cabinet Ministers during their term in office.
(c) No member of the Supreme Committee shall be removed from office unless
a Presidential Order is issued to that effect and only if such a committee
member becomes ineligible in accordance with the provisions of Article
(21) of this Law and in conformity with an irrevocable court order to this
effect. In the event of death, resignation and/or dismissal of a committee
member, a replacement may be appointed from the list of candidates
endorsed by Parliament upon formation of the Supreme Elections Committee.
(d) Committee members shall elect a chairperson and a deputy chairperson
from among themselves during their term in office.
Article (23): Before exercising their duties, members of the Supreme
Committee shall take the following oath before the President of the
Republic:
“I swear in the name of Almighty God that I shall remain faithful to the
Holy Qur’an and to the teachings of Prophet Muhammed and that I shall
up-hold faithfully the Republican system and respect the Constitution and
the Country’s laws and orders; that I shall protect in full the people’s
interests and liberties and that I shall work to preserve the unity,
independence and territorial integrity of the whole country; that I shall
execute my duties at the Supreme Committee with professional integrity,
impartiality and honesty and without fear and bias. To this, may God be
witness.”
Article (24): The Supreme Committee shall be in charge of organizing,
administering, supervising and overseeing general elections and public
referendum. In addition, the Committee shall be responsible for:
(a) Designating constituencies throughout the country. The designation of
constituencies shall be governed by the principle of demographic equity
and by other geographic and social considerations. The formation of
constituencies shall be made public by means of a presidential order;
(b) Dividing constituencies into electoral and district centers which are
demographically equal in view of the general census. In this regard, an
error of estimate ±.05 may be tolerated.
(c) Hiring employees to work for the General Secretariat and its branch
offices in the Municipality of Sana’a
and other Governorates throughout the country. Public announcements shall
be made for vacant positions in accordance with conditions stipulated by
the Supreme Committee;
(d) Naming heads and members of Supervisory, Main and Sub-committees which
shall be entrusted with the task(s) of voter registration and the overall
administration of elections. The jurisdiction(s) of these committees and
the scope of their duties and functions in each constituency shall be
determined by the Supreme Committee. Each committee shall be formed of (3)
persons: a head and two members. The appointment of all committees shall
be subject to endorsement by at least 2/3 of the members of the Supreme
Committee. No committee shall be formed exclusively of one political party
and/or organization;
(e) Developing appropriate criteria to govern the selection process for
heads and members of various elections committees in compliance with the
provisions of Article (26) of this Law & its Executive Order;
(f) Preparing the forms, registers, documents, Voter Registration Cards,
ballot boxes and ballot slips. All ballot slips shall be properly stamped
and shall bear the seal of the Supreme Committee. The Supreme Committee
shall oversee the whole electoral process and shall distribute tasks and
logistics to all committees according to the schedule of events;
(g) Laying down appropriate rules and regulations to guarantee the
security measures required for a free and fair elections;
(h) Calling for supplementary and by-elections in compliance with Article
(78) of the Constitution and Article (108) of this Law respectively.
Article (25):
(a) All branch offices shall remain under the direct supervision of the
Supreme Committee. This applies also to Main, Subsidiary, Supervisory and Security Committees. All
individuals (i.e. Governors, Heads of Directorates, security officials
etc.) who may be entrusted with a duty in connection with the elections
shall be guided by the instruction of the Supreme Committee. The said
Committee shall take all appropriate measures to ensure the neutrality of
all persons from the Local Executive Authority who may be called upon to
assist in the administration of elections;
(b) Heads and members of Supervisory, Main and Sub-committees shall be directly accountable to the
Supreme Committee. The Supreme Committee shall have power to fire any of
the above on grounds of professional misconduct. Fired individuals shall
be replaced from the pool of potential candidates of same political and/or
party affiliation;
(c) All State-run mass media resources shall be under the control of the
Supreme Committee and shall be governed by the Committees’ policy
guidelines for elections and referendum.
Article (26): Heads and members of various election and referendum
committees (i.e. main, subsidiary, supervisory and voter registration
committees etc.) shall meet the criteria and conditions detailed below.
Each committee member must in particular:
(a) Be a Yemeni;
(b) Be at least (21) years old and (25) years for heads of committees;
(c) Hold at least a college degree (this condition applies to heads and
members of supervisory committees only). Heads and members of main &
sub-committees shall be required to submit evidence of a school leave
certificate;
(d) Be of good character and conduct and must have not been convicted by
court for any election offense or any other crime in breach of ethics and
professional conduct unless rehabilitated.
In any event, no person shall be appointed as member of any of the above
cited committees in any constituency where there may be a family
relationship up to the fourth degree between such a person and one of the
candidates in the concerned constituency.
Article (27): The Supreme Committee shall appoint supervisory committees
for each Governorate. Each of these committees shall have its seat in each
Governorate’s capital and shall be responsible for overseeing the work of
voter registration committees and other committees in charge of
administering elections and referendum.
Article (28): The Supreme Committee shall take all appropriate measures
(in designating polling stations) to allow for greater participation of
voters in any general elections and/or referendum. To achieve this,
accessibility to a polling station should be taken into account
particularly in remote areas of rugged terrain.
Article (29): The Supreme Committee shall undertake full responsibility in
overseeing the whole electoral process. To achieve this, the said
Committee may send delegates to ensure that regulations and by-laws
appertaining to the election process are being properly observed and that
election centers and polling stations are adequately equipped and safe in
accordance with the Law.
The Supreme Committee shall have the right to form other committees – as
deemed necessary – to assist the said Committee in fulfilling its duties
and responsibilities.
Article (30): The Supreme Committee shall provide the substance which is
to be put on thumb of voters after casting their votes, provided that such
substance remains indelible for at least (24) hours to thwart voters from
casting their votes more than once during Election Day.
Article (31):
(a) The costs of the election and/or referendum shall be borne by the
State. The Government shall put at the disposal of the Supreme Committee
all the means and equipment to enable it to fully undertake its duties.
(b) The Supreme Committee shall have a special annual budget. The proposed
budget shall be presented first to the Cabinet and endorsed by the
Parliament. All financial allocations appertaining to the Supreme
Committee shall be incorporated as one item into the State budget to be
dispensed with under supervision of the said Committee.
(c) The Supreme Committee shall submit to the Cabinet on annual basis a
proposed budget in accordance with established rules and regulations
governing similar organizations enjoying administrative and financial
independence.
Article (32):
(a) The Supreme Committee shall be financially and administratively
independent. It shall exercise with complete integrity and neutrality all
the duties, responsibilities and powers bestowed upon it in accordance
with the provisions of this Law. All Supreme Committee’s decisions shall
be made public. In all events, no outside party and/or body shall be
allowed to interfere in the affairs and duties of the said Committee or to
restrict its powers and jurisdictions.
(b) The Supreme Committee shall have its own administrative and executive
organs at the Headquarter Offices located in capital cities of all
Governorates. It shall also have a special cadre to be made public by a
presidential order. The Supreme Committee shall be responsible for
proposing by-laws and executive orders detailing its functions and
organizational structures.
(c) The Supreme Committee shall have the executive powers and
jurisdictions of the Ministry of Civil Services and the Ministry of
Finance with reference to the administrative and financial affairs of its
administrative and executive personnel.
Article (33) The Supreme Committee shall have under its jurisdictions a
General Secretariat. This shall comprise the administrative and technical
apparatus of the said Committee. The said secretariat shall be headed by a
Secretary General to be appointed by power of a Presidential Order. S/he
shall be selected from among three candidates seconded by the majority of
members of the Supreme Committee.
Article (34):
(a) The Secretary General is the top executive in charge of the
Secretariat and shall be directly accountable to the Supreme Committee;
(b) The Secretary General is the rapporteur of the Supreme Elections
Committee;
(c) Applicable by-laws shall specify powers, duties and responsibilities
of the Secretary General.
Article (35): The Secretary General shall be required to meet all the
requirements applicable to civil servants. In addition, s/he must:
(a) Be at least a college graduate;
(b) Be at least (35) years old;
(c) Demonstrate professional experience in administrative and financial
matters for at least (10) years.
Article (36): The Secretary General shall act as a care-taker upon
resignation of the Supreme Committee and/or completion of its term in
office. In instances as such, the Secretary General shall have
administrative and financial powers to run the organization but shall be
devoid of powers to hire, fire or promote any of the secretariat’s
employees.
Part Four
Election Campaigns: Rules & Regulations
Article (37): The Supreme Committee for Elections and Referendum shall
stipulate the rules and regulations governing the election campaigns in
accordance with the provisions of this Law.
Article (38): The Supreme Committee shall take appropriate measures to
increase the level of awareness among the public of the importance of the
election process and the necessity for all eligible voters to partake in
it. The said Committee shall also undertake to organize and publish
electoral lists for all running candidates following the closing deadline
for the submission of candidacy. All candidates shall be treated equally.
The State-run media shall be banned from running or publishing any news
bulletin about the elections and/or referendum without the Committee’s
prior approval and supervision. The State-run media (at such times) shall
remain at the disposal of the Supreme Committee. Running candidates shall
not be allowed to use defamatory or slanderous means against each others
or to resort to fraud and deception during election campaigns.
Article (39): The Supreme Committee shall regulate the use of the
State-run media (i.e. radio, TV. and the press) by all running candidates
on equal basis to enable them to present to the public their electoral
programs. To this effect, the Supreme Committee shall undertake
appropriate measures to ensure equal access to such media facilities.
Political parties and organizations shall have the right to use state-run
media (i.e. radio, TV. and the press) to present their platforms on equal
footing and in accordance with rules and regulations stipulated by the
Supreme Committee.
Article (40): Financing election campaigns from public funds or from the
budgets of Ministries, public sector corporations, and/or foreign sources
shall be prohibited by Law. The use of public institutions and facilities
for election campaign purposes shall also be prohibited by Law.
Article (41): The locations for posting election campaign materials within
each constituency shall be designated in accordance with applicable
by-laws.
Article (42): Each election committee shall undertake to mark the
designated areas cited above and to distribute space among running
candidates in accordance with the order of candidacy filing. Local
authorities shall be required to co-operate fully in executing all
instructions issued by the Election Committee particularly with reference
to the provisions of the required space and designated areas as specified
above. In circumstances where local authorities may fail to co-operate,
the Head of the Election Committee or his/her Deputy shall have executive
powers to enforce the Law and to hold such authorities accountable in
accordance with the Law.
Article (43): Candidates shall be allowed to use the designated areas
referred to in Article (41) hereof until the end of the day preceding any
general election. The designated areas may only be used to:
(a) Display not more than (2) electoral posters;
(b) Post not more than (2) public notices concerning electoral meetings.
The notices should contain information about the date and place of these
meetings and the names of registered speakers as well as the list(s) of
running candidates.
Article (44): Candidates may not use, or allow the use of the space areas
allocated to them for any purpose other than presenting themselves as
running candidates and advancing their campaign cause and programs.
Candidates may not recede the space areas allocated to them to a third
party.
Article (45): On Election Day, running candidates may not distribute or
cause someone to distribute brochure, leaflet programs, cards or any other
similar material. In general, Government officials and local authorities
may not be allowed to distribute election material (i.e. brochure,
leaflets, cards) on behalf of running candidates on Election Day. Campaign
material belonging to withdrawn candidates may not be posted and/or
circulated on Election Day.
Article (46): Subject to the provisions of Article (47), mosques, prayer
areas, colleges, schools, educational institutions, Government offices,
barracks and public facilities – may not be used for election campaigns in
whatsoever form and/or capacity.
Article (47): During election campaigns, candidates may organize electoral
meetings and caucuses to present their platforms and programs to voters.
The Supreme Committee may lay down rules and regulations to govern such
meetings. In all events, mosques and prayer-congregation centers may not
be used for such purposes. The Supervisory and Main Committees may, if
deemed necessary, authorize in writing equal use of educational facilities
by all candidates for such electoral gatherings.
Article (48): Loudspeakers may not be used for electoral campaign purposes
except in meetings and caucuses held in conformity with the Law. Moreover,
the use of consumer products for election campaign purposes may not be
allowed. In general, all means of publicity which are not provided for in
this Law or authorized by the Supreme Committee may not be used by
candidates.
Article (49): Authorized forms of publicity for election campaign purposes
may not be attacked either by effacement, removal or by any other means.
Any such act shall construe an election offense.
Article (50): State-media coverage of the daily activities of the
President of the Republic shall not be construed as electoral propaganda –
if the President is also a running candidate for a second term in office.
Article (51): Subject to the provisions of Article (66) of this Law, the
Supreme Committee shall regulate the use of the State-run media for all
presidential candidates on equal footing as far as time and space are
concerned.
Article (52): All parties, groups, organizations and/or individuals are
strictly prohibited from resorting to any form of pressure and
intimidation or leveling treason charges or accusations of heresy during
election campaigns. The carrot and stick approach is also outlawed.
Part Five
General Elections & Public Referenda: Rules & Procedures
Section One
Parliamentary Elections
Article (53): The Parliament shall be composed of (301) members to be
elected by direct, free, equal and secret balloting. The country shall be
divided into (301) constituencies which are demographically equal in view
of the general census. In this regard, an error of estimate ±.05 shall be
tolerated. Each constituency shall elect one parliamentary member.
Article (54):
(a) The President of the Republic shall call upon all eligible voters to
go to the polls to elect their parliamentary representatives at least (60)
days before the standing Parliament concludes its term.
(b) The schedule of events for the general election shall be executed and
adhered to in accordance with the provisions of this Law.
Article (55): Voting shall take place through direct, free, equal and
secret balloting.
Article (56): Every eligible voter shall have the right to run for
Parliament in the constituency dictated by his/her domicile address. A
parliamentary candidate must be:
1. Yemeni;
2. At least (25) years old;
3. Literate;
4. Of good character and conduct and must be in observance of religious
duties and responsibilities. S/he must have not been convicted by court
for any crime in breach of ethics and professional conduct unless
rehabilitated.
Article (57):
(a) To run for Parliament, candidates shall be required to fill out an
application form specifically designed for such purposes. Application
forms should be submitted to the Main Committee during office hours.
Applications shall be received for ten days following the opening day.
Candidates shall be required to fill out application form(s) in person to
ensure that they meet the literacy requirement. This event shall be
recorded and documented by the Main Committee.
(b) Each application shall contain the following information:
1. Candidates full name (up to the fourth);
2. Place and date of birth;
3. Educational level;
4. Political affiliation (if any);
5. Professional affiliation (if employed);
6. The constituency and electoral center where the candidate is registered
as well as the candidate’s address;
7. The candidate’s logo or the logo of his/her political party and/or
organization;
8. Date of resignation from public office where clause (e) and (f) of
Article (60) of this Law are applicable.
(c) Applications filed by parliamentary candidates shall be kept in a
special register against receipt subject to verification of the
information and particulars appertaining to each candidate. Candidates
shall be entitled to examine the said register and file. A list of all
candidates within each constituency shall be issued and made public in
places and designated areas from the day following the deadline for
applications to be filed.
(d) Every political party and/or organization (in consultation with the
Supreme Committee) shall have the right to opt for one single logo to
represent party candidates in all constituencies. Use of similar and/or
duplicate logos by more than one political party and/or organization may
not be allowed.
(e) The Supreme Committee shall design logos for independent candidates to
choose from. Designation of such logos shall be made on first-come-first
served basis and on fulfillment of the conditions provided for in this
Law.
Article (58):
(a) Candidates representing a political party and/or organization shall
have to secure official endorsement of their candidacy either from the
Head or the Secretary General of the party or organization or their
designated deputies.
(b) Independent candidates shall be required to secure the commendation of
at least (300) voters representing the majority of electoral centers
within the constituency where they intend to run. Each commending voter
must:
1. Be duly listed in voter registers within the constituency in focus;
2. Not exercise this right in commending more than one candidate.
(c) Every running candidate shall be required to pay
(YR 5,000) as campaign fee. A receipt to this effect shall be given to
each candidate. The proceeds of this shall go to relevant local councils
in all major cities. Applications for candidacy may not be processed
unless applicable fees are duly paid. Local councils shall be required to
remove electoral materials and posters upon completion of any general
elections.
(d) In the event that a political party and/or organization withdraws the
nomination of one of its candidates, the said candidate shall have the
right to run as an independent candidate if s/he wishes to do so. In
instances as such, the said candidate shall be exempt from candidacy
formalities stipulated in this Law.
Article (59): No candidate shall be allowed to run in more than one
constituency. If proven otherwise, the candidate’s nominations shall be
deemed null and void in all constituencies.
Article (60):
(a) With due consideration of Provisions (e) and (f) of this Article, any
public official who runs for Parliament shall be deemed as having resigned
from the public service as of the date his/her candidacy has been filed
and shall be reinstated and compensated (for job related losses during the
said period) if failing to succeed in getting elected. Job entitlements of
public officials elected to Parliament shall remain intact while serving
in Parliament. Upon completion of their term in Parliament, public
officials shall have the right to be reinstated in office or offered an
alternative post equivalent to the previous one.
(b) Any local council member wishing to run for Parliament shall have to
resign from the Local Council. In such cases, former local council members
may not be reinstated unless duly re-elected.
(c) Parliament members may not be allowed to assume any public office
function(s) or to become local council members.
(d) Parliament members may be allowed to combine only parliamentary
membership with Cabinet membership.
(e) The Prime Minister, Deputy Prime Ministers, Ministers, Deputy
Ministers, Directors of State Agencies and/or Public Corporations may not
be allowed to run for Parliament unless they have relinquished their
official titles at least (3) months before nomination is filed.
(f) Governors and their deputies, judges, directorates’ executive
officers, local directors of ministerial offices at the Governorate level
, executive managers of public corporations, chief security officers,
military commanders, local council officials or any public officer – may
not be allowed to run for Parliament within the administrative units of
the constituencies where they work and exercise power and leverage unless
they have relinquished their official titles at least (3) months before
nomination is filed.
(g) The (3) months period stipulated in clause (e) and (f) of this Article
may be reduced to only one month in by-elections or in General Elections
if called in short notice.
Article (61):
(a) Candidates may withdraw their applications to run for Parliament at
least (20) days prior to Election Day. To this effect, a written request
may have to be submitted to the Main Committee where the original
application was lodged.
(b) Request for withdrawal shall be recorded next to the name and logo of
the withdrawing candidate and shall be publicly announced through
State-run media sources and in the constituency concerned. The same
announcement shall be made on Election Day by the Main Committee at
electoral centers throughout the constituency under consideration.
(c) In the event that a candidate dies or withdraws from the race before
Election Day but past the deadline for withdrawal and in the event that
only one candidate remains as a result of this act, the Supreme Committee
shall announce extension of the deadline for application filing in the
said constituency in accordance with the provisions of this Law.
Article (62): If only one person remains as a running candidate in a
constituency, the Supreme Committee shall be immediately informed.
Consequently, the Supreme Committee shall announce re-extension of the
deadline for filing applications for (5) more days. Appropriate measures
shall also be taken to ensure that the procedures taken with regard to
this matter are valid and sound. If no new applications are filed,
election shall proceed in accordance with the provisions of this Law.
Part Five: Section Two
Presidential Elections
Article (63):
(a) The President of the Republic shall be elected by means of direct,
free and competitive elections. Preparations for presidential elections
shall start at least (90) days prior to the end of the President’s term in
office.
(b) The Parliament Presidium shall announce the opening date for
candidates to file their applications for the Office of the President at
least (90) days prior to the end of the standing President’s term in
office and in accordance with the Constitution.
(c) The Parliament Presidium shall receive all applications for the Office
of the President. This process shall take (7) days starting from the first
day of the period referred to in Clause (a) of this Article.
(d) Applications for the Office of the President shall be submitted to the
Speaker of Parliament during the period referred to in the above Clause.
Applicants shall be required to fill out application forms in person and
submit same during official business hours. If an applicant is nominated
by a political party and/or organization, s/he shall be required to submit
evidence to this effect. Each applicant shall be given an official receipt
of all documents lodged with the Speaker of Parliament.
(e) Applications shall be screened jointly by the Presidiums of the
Parliament and the Consultative Council – to ensure that presidential
candidates meet constitutional requirements.
(f) The Presidiums of the Parliament and the Consultative Council shall
complete the screening process of applicants in a period not to exceed (3)
days following the closing deadline for applications to be filed. Names of
successful applicants shall be announced within one day following
completion of the screening process.
Article (64):
(a) Every eligible voter shall have the right to protest against the
nomination of any presidential candidate if such nomination is in
violation of the provisions of Article (107) of the Constitution.
Candidates whose applications are rejected, shall have the right to submit
grievance to this effect within (3) days following the announcement of
presidential candidates. Protests and grievances may be submitted to the
joint Presidiums of the Parliament and the Consultative Council.
(b) The joint Presidiums shall review all contests and grievances and
shall decide on them immediately one day following the closing deadline
for such complaints.
(c) Decisions taken by the joint Presidiums may be disputed at the Supreme
Court with constitutional jurisdiction. The Court shall decide on these
cases within (5) days following the joint Presidiums’ rulings.
Article (65):
(a) Presidential candidates shall have the right to withdraw from the
race. In such cases, a written statement should be forwarded to the
Speaker of Parliament before names of presidential candidates are
presented to the joint session of the Parliament and the Consultative
Council.
(b) After careful reviewing of applicants, the Presidiums shall present to
the joint session the names of candidates who have met the constitutional
requirement for secondment by the two Houses. This shall take place within
(3) days following the contest and appeal period.
(c) The joint session of the two Houses is bound to recommend at least (3)
candidates for the Office of the President of the Republic before
submitting the candidates to the people in competitive elections.
(d) Presidential Elections may not be held with less than (2) running
candidates.
Article (66): A candidate who secures the support of at least (5%) of the
joint session – shall officially be considered a candidate for the Post of
the President. This process shall take place via secret balloting. Each
member of the two Houses may not be allowed to second the nomination of
more than one candidate from the list of nominees submitted by the joint
Presidiums.
Article (67): The Parliament Presidium shall be required to provide the
Supreme Committee with a list of presidential candidates together with all
relevant documentation within (48) hours following secondment by the joint
session.
Article (68): The President of the Republic shall issue an order calling
on electorate to go to the polls on Elections Day to elect a president.
This takes place only upon completion of all formalities referred to in
the articles cited above.
Article (69): The Supreme Committee shall undertake all necessary measures
in preparation for presidential elections all in accordance with the
provisions of this Law.
Article (70): The person securing an absolute majority of valid votes in
presidential elections shall be deemed the President of the Republic. If
none of the candidates manage to secure this majority, complementary
elections shall be called upon according to the above procedures for the
two candidates with the highest number of valid votes. This shall take
place within (40) days following announcement of Election results.
Article (71): Campaign costs for presidential candidates shall be borne by
the State. To this effect, an equal lump sum shall be granted to each
candidate upon recommendation of the Parliament Presidium and approval of
the House. The provisions of Article (40) of this Law may not apply under
such circumstances.
Article (72): Every presidential candidate shall be required to hold at
least one electoral rally at the center of each Governorate including
Sana’a City Municipality to represent his/her political and/or party
platform to electorate.
Article (73): Presidential candidates may – during the very last week
preceding election – hold debates and discussions on issues at stake to be
broadcast Live by the State-run media.
Article (74): Each presidential candidate shall have the right to organize
meetings and press conferences to present his/her electoral program to the
general electorate.
Article (75): Each presidential candidate shall have the right to accept
contribution and/or donations from Yemeni individuals or body corporates
on condition that such contributions are credited to a bank account. Bank
statements to this effect should be forwarded on order of arrival to the
Supreme Committee. Acceptance of financial donations from foreign sources
shall be strictly prohibited.
Article (76): The provisions of Article (60) of this Law may not be
applicable to presidential candidates.
Article (77): The Supreme Committee shall issue the winning candidate a
certificate confirming the candidate’s status as the winner in the
presidential elections.
Part Five: Section Three
Local Council Elections
Article (78): Subject to the provisions of the Local Authority Law,
elections for Local Councils shall be direct, free and via ballot-boxes.
They shall be executed in compliance with this Law and all other
applicable laws and regulations.
Article (79): The President of the Republic shall call on electorate to go
to the polls to elect their local council representatives at least (60)
days prior to Election Day.
Article (80): Every eligible voter shall have the right to run for a local
council office within the constituency as dictated by his/her domicile
address. No one shall be allowed to run in more than one constituency. In
cases as such, candidates’ nominations in all constituencies shall be
deemed void and null.
Article (81): Candidates shall be required to submit during regular office
hours their applications to the Main Committee within (10) days following
the opening date for applications to be filed.
Article (82): In filling out application forms, each candidate shall be
required to provide the information specified in Article (57.b) except
Item No. (8).
Article (83): Each local council candidate shall have to pay against
receipt the total sum of YR 5,000 if running for a local council office in
any major city. This amount shall be used for clean-up purposes.
Candidates running for a Local Council Office at the directorate level
shall be required to pay against receipt the same amount cited above. This
amount shall be credited to the account of the Local Council where the
domicile address of the candidate lies. All proceeds shall be used to
clean-up residual posters following local council’s elections. Receipt for
payment shall be required before an application for a local council office
is processed.
Article (84): The Supreme Committee shall designate a special committee to
receive and screen out application forms before deciding on the
eligibility of each candidate to run for a local council office. The names
of eligible candidates shall be forwarded to the Supreme Committee which
shall undertake to make the necessary announcement(s).
Part Five: Section Four
Public Referendum’s Rules and Procedures
Article (85): Any public referendum shall be called upon by the President
of the Republic within the time limit provided for in the Constitution.
Article (86): Upon receipt of the President’s call for a public
referendum, the Supreme Committee shall undertake to arrange for the
referendum in accordance with the provisions of this Law.
Article (87): If constitutional amendments of an article or more are
endorsed by Parliament and if ratification of such amendments requires a
public referendum, the Supreme Committee shall be informed accordingly and
shall thereby undertake all measures in preparation for a public
referendum over the constitutional amendments endorsed by Parliament.
Article (88): Standing constituencies and voter registers shall be deemed
good for public referendum purposes.
Article (89): Voter rights and duties detailed in this Law shall be
applicable to all participants in any public referendum.
Article (90): Subject to the provisions provided for in this Section,
general elections laws and regulations shall prevail in any public
referendum.
Article (91): The Supreme Committee shall undertake all measures to
increase public awareness of the importance attached to referendum through
the State-run media resources.
Article (92): With the exception of the provisions of Article (132.1) and
Article (133.3) of this Law, offenses against any public referendum shall
be dealt with as offenses against general elections. All relevant
penalties provided for in this Law shall be applicable.
Article (93): The results of any public referendum shall not be valid and
binding unless the issues put for a public referendum secure the support
of the absolute majority of popular votes.
Part Six
General Elections: Rules & Regulations
Article (94):
(a) The election process shall be administered in each constituency by one
main committee to be assisted by a number of sub-committees.
(b) Each candidate shall submit to the Election Committee the name of
his/her delegate at least (48) hours before election day. If a candidate
fails to inform the Committee of the name of his/her delegate or if the
said delegate fails to show-up on Election Day, the Committee shall be
required to secure a replacement and to document this episode in the
proceedings of Election Day.
(c) In the absence of a Committee Head and in the event that no deputy has
been officially designated, the eldest committee member shall take over
until a substitute is announced.
Article (95): Each election committee shall designate from among its
members a rapporteur to record minutes on Election Day. These minutes
shall be signed by the head and members of each committee and by
candidates or their delegates. The minutes shall also be stamped by the
numbered seal allotted to each committee by the Supreme Committee.
Article (96): The committee’s head shall be responsible for maintaining
law and order and for securing an office space for the committee. If need
arises, s/he shall have the right to ask for assistance of law enforcement
agencies. Military and security officials shall have no right to enter
polling stations unless duly authorized to do so by the head of the
committee or have actually been exercising their right to vote. The
committee may ask any person to leave the polling station if that person
causes disruption to the order of the electoral process.
Article (97): Candidates may enter polling stations and may designate in
writing a registered voter to act as their representative on Election Day
and during vote counting. No person other than registered voters,
candidates or their representatives may be allowed into polling stations.
None shall be allowed to carry fire arms whether visible or concealed. In
general, carrying arms within the vicinity of any polling station by any
person shall be strictly prohibited.
Article (98): General elections shall be held in all parts of the country
on the same day.
Article (99): Upon entry into polling stations, each voter shall be
required to submit to the head of the election committee his/her voter
registration card. The Head or any other committee member shall verify
that the voter’s name is duly entered in the Voter’s Register and shall
take note of this against the voter’s name in the same register.
Article (100):
(a) Each ballot slip shall feature clearly the logos of all candidates in
presidential, parliamentary and local council elections. Candidates’ logos
shall be listed in order of priority based on the date in which each
application has been filed.
(b) The head of each election committee shall hand over a ballot slip to
each eligible voter who shall express his/her opinion secretly in a
specially designated booth placed in each polling station. Each voter
shall then cast the ballot slip in the appropriate box in the presence of
the head and members of the committee as well as the candidates and/or
their representatives. None of the above however shall have the right to
access the content of the ballot slip. Blind and physically handicapped
voters shall have the right to request the assistance of a confidant from
among registered voters in order to exercise in full their right to vote.
(c) After each voter cast his/her vote, the committee shall take note of
this next to the voter’s name and shall affix the appropriate stamp upon
the voter’s thump.
Article (101): Election Day shall start at 8:00 a.m. at which time
all ballot boxes shall be examined to ensure that they have not been
tampered with. This takes place in the presence of voters and candidates
or their representatives. The exact number of blank ballot slips submitted
by the Supreme Committee to the election committee in each constituency
shall be counted and recorded in minutes to be signed by the head of the
said committee, the other two committee members and the candidates or
their representatives. Balloting shall continue until 6:00 p.m. The committee head shall announce the end of balloting after
the last casting of vote. Voting shall, however, continue after
6:00 p.m. if there are
still voters in polling stations. At 8:00 p.m., the committee head shall
announce closure of all polling stations.
Article (102): At the end of the election process, each committee shall be
required to wax-seal the slots of ballot boxes in the presence of
candidates or their delegates. Minutes shall be recorded confirming the
time when the sealing was affected, the number of persons which have
voted, the exact number of absentees, the exact number of blank ballot
slips submitted by the Supreme Committee, the number of ballot slips being
actually used and the number of unused ballot slips. The minutes shall be
stamped and signed by the head and members of the committee and by the
candidates or their representatives. Unused ballot slips shall be
wax-sealed in a special envelope.
Article (103): Following the signing of the minutes confirming the end of
vote casting, ballot boxes shall be transferred to the seat of the First
Sub-committee where vote-counting shall take place in the presence of the
Head of the Committee, two committee members and the candidates or their
delegates. Vote-counting shall be conducted in accordance with the
procedures detailed below:
(a) Ballot boxes shall be examined by the First Sub-committee to ensure
that they are intact. This shall be recorded in minutes confirming the
time, place, names and titles of persons who are present when
vote-counting takes place. The minutes shall be signed by the head and
members of the said committee and by candidates or their representatives.
(b) Ballot slips in each box shall be counted. Tables shall be made and
recorded indicating the exact number of total votes, names of candidates,
the exact number of votes secured by each candidate and the exact number
of void ballots. Once a ballot slip is counted and recorded, it shall be
marked as such by the head of the committee.
(c) The First Sub-committee shall have the right to decide on all matters
appertaining to the validity of ballot slips subject to the provisions
provided for in Part (6) of this Law.
(d) Ballot slips shall be deemed void if votes are:
1. Given on conditional bases;
2. Given to candidates in excess of the number required by Law;
3. Recorded on a piece of paper other than the ballot slip.
In all events, ballot slips clearly expressing the opinion of voters shall
be deemed valid.
(e) Each Sub-committee shall undertake cross-checks to ensure that all
figures appertaining to valid and void ballots do commensurate with same
figures provided for in Article (102) of this Law. The same procedure
shall be applied to ensure that there are no discrepancies between the
actual number of used and unused ballot slips at the end of voting. Final
vote counting results shall be recorded. Minutes confirming all these
figures shall be drawn and duly signed by the Head and members of the said
committee and by candidates or their representatives. The minutes shall
also indicate the exact time when vote counting was completed. The minutes
shall be wax-sealed in a special envelope and delivered to the committee
head after being stamped and duly signed by all concerned individuals.
(f) Vote counting shall continue unabated. Candidates or their
representatives may not be allowed to leave vote counting centers without
permission to be obtained from the First Sub-committee. If permission
granted, each candidate shall designate in writing a deputy to oversee the
counting process during his/her absence. If a candidate decides to leave
without permission and before designating a deputy, the Committee cited
above may designate any person to guard the interest of the said
candidate. Minutes to this effect shall be drawn and signed by the said
Committee. Vote counting shall continue in the presence of the designated
person who shall sign up all minutes on behalf of the said candidate.
Refusal of candidates, their deputies and/or their designates to sign-up
the minutes appertaining to vote counting shall in no way affect the
announcement of results. Minutes shall however be drawn to document such
reservations.
Article (104):
(a) Upon completion of vote counting in accordance with the provisions of
the above-cited Article, The Head of the First Sub-committee shall
tally-up the vote-counting results of all polling stations within the said
district in the presence of candidates or their representatives. Valid
votes secured by each candidate shall be counted. Aggregate tables for
each candidate shall be drawn and a summary statement to this effect shall
be made. The statement shall be signed by all and stamped by the seal of
the First Sub-committee. Results shall be announced confirming the total
number of valid votes secured by each candidate. Each candidate shall have
the right to request a copy of the vote-counting results.
(b) The Head of the First Sub-committee together with heads of subsidiary
committees shall undertake to transfer and submit the summary statement
together with other relevant documents to the seat of the Main Committee.
Article (105):
(a) The Main Committee within each constituency shall receive and process
vote-counting results on first-come-first served bases. A summary
statement of aggregated results shall be made and duly signed by the Head
of the Main Committee, the Head of the First Sub-committee in each
electoral center and by the candidates or their representatives.
(b) The winner in any given constituency shall be the candidate who
secures a relative majority of valid votes. If two candidates secure an
equal number of votes, the winner shall be determined by a lot to be
tossed by the Main Committee. The results shall be final and binding. The
procedure for administering a lot shall be as follows:
The names of candidates with equal numbers of votes shall be written, in
the presence of all concerned individuals, each on a separate piece of
paper. All papers used for this purpose shall be identical and equal in
size. Then each piece of paper carrying the name of a single candidate
shall be put in a separate envelope. Envelopes used for this purpose shall
also be identical and equal in size. An outsider (who has not witnessed
the lot procedure) shall be called upon to select one from the envelopes
provided. Separate minutes shall be drawn to document the lot’s results.
Article (106): Upon completion of vote-counting in all electoral centers
within each constituency, the Main Committee shall:
1. Draw a final report giving the results of vote-counting in each
constituency. This report shall be signed by the Head and members of the
Main Committee and by the candidates or their representatives. Five copies
of this report shall be made and a copy of each shall be sent to: the
Supreme Committee, the Supervisory Committee, the Governorate’s Branch
Office, the Main Committee and to the winning candidate. Other running
candidates may also request a certified copy of the said report which
shall give reference to names of all candidates, the total number of valid
votes secured by each candidate, the total number of valid and void ballot
slips, the total number of unused ballot slips and finally the name of the
winner together with the total number of valid votes secured by him/her.
2. Announce, through its Head, and in the presence of candidates or their
representatives, the results of vote counting and the name of the winning
candidate and the total number of valid votes secured by that candidate in
the concerned constituency.
3. Put the ballot slips in favor of each candidate in parcels and shall
attach to them the minutes, registers, files and all other relevant
election and vote-counting material. All these shall be kept in one safe
or more after being duly signed by the Head and members of the Main
Committee. Safe boxes shall be wax-sealed and shall be delivered to the
Supreme Committee. The safe boxes shall be kept intact until the deadline
for election contests lapses or until contentious issues appertaining to
general elections are resolved by Parliament.
4. Demand an official receipt from the Supreme Committee upon delivery of
safe boxes containing reports and documents referred to in Provisions (1 &
3) of this Article. The official receipt shall confirm the name of the
person taking delivery as well as exact time and date of delivery.
Article (107):
(a) The Supreme Committee shall officially announce the results of each
constituency upon receipt of them. Final results of all constituencies
shall be made public no later than (72) from the time voting officially
ended.
(b) The Supreme Committee shall issue each winning candidate a certificate
confirming the candidate’s status as a winner. Such certificates may not
deter others from contesting election results in Parliament.
(c) All main, supervisory and sub-committees or any other party are
strictly prohibited from issuing certificates to winning candidates.
Article (108): Supplementary elections shall be called upon in any given
constituency no later than (3) months following nullification of general
elections’ results in that constituency. Election results shall be deemed
void if elections are difficult to proceed with or to successfully
complete in any given constituency.
Article (109): By-elections shall be called upon if a seat becomes vacant
for a period not less than one year before the standing Parliament
concludes its term. Such elections shall be held no later than (60) days
from the date the seat was declared vacant by Parliament.
Article (110): Documents, minutes and vote-counting results for each local
council shall be forwarded to the applicable main committee which shall
undertake to process the data and announce the final results at the
Directorate level. The names of elected local council members and their
chosen representatives at the Governorate’s Council level shall be
forwarded to the Supreme Committee which – in turn – shall undertake to
announce the final results for the whole country.
Part Seven: Section One
Contested Parliamentary Election Cases
Article (111): Any person with vested interest in the electoral process
shall have the right to contest the results of parliamentary elections.
Contests shall be submitted to the Supreme Court within (72) hours
following the declaration of results appertaining to any given
constituency. Each contest shall be based on reasons and shall be confined
to election and vote-counting procedures. Each contestant shall be
required to deposit with the Court the total sum of YR 50,000 as a
guarantee to be refunded in full if contest is sustained by Court. The
same amount however shall be forfeited and credited to the State Treasury
if the contest is overturned by Court.
Article (112): The Supreme Court shall create a consultative body to
investigate contested election cases. The consultative body shall be
composed of heads of courts of appeals or their deputies. In view of
recommendations forwarded by the consultative body with reference to the
issues at stake, the Supreme Court shall issue its verdict(s) no later
than (10) days from receipt of such recommendations and before the elected
council holds its first session. The Supreme Court’s rulings shall be
final and irrevocable and shall be communicated to the Supreme Committee
in due course.
Article (113): The Supreme Court shall grant the winning candidate access
to a copy of the electoral contest lodged against him/her. The candidate
shall then be required to submit his/her defense in writing within (4)
days following legal notification of the case in focus.
Article (114): The sheer submission of contests shall neither deter the
Supreme Committee from announcing final election results nor shall such
cases prevent same Committee from awarding successful candidates
certificates confirming their status as winners. Pending resolution of
contentious issues, winning candidates shall be entitled to attend
parliamentary sessions.
part Seven: Section Two
Contested Cases over Parliamentary Membership
Article (115): All voters and/or candidates shall have the right to submit
to Parliament a legally reasoned petition contesting the eligibility of a
winning candidate to parliamentary membership. Petition as such shall be
accompanied by a financial guarantee in the amount of YR 50,000 to be
deposited with the State Treasury. The financial guarantee shall be
forfeited had the petition been overturned. If the Parliament, however,
acted in favor of the contestant, the amount of money deposited shall be
refunded in full.
Article (116):
(a) The Parliament Presidium shall forward to the Supreme Court all
contested cases appertaining to parliamentary membership with all relevant
documentation no later than (15) days from the date such cases were
submitted to Parliament. The Supreme Court shall investigate all cases and
shall forward its ruling(s) no later than (90) days from the date such
cases were forwarded to the Supreme Court. All relevant documentation
shall be attached to the Supreme Court’s ruling(s).
(b) The Supreme Court’s ruling(s) shall be reviewed by Parliament no later
than (60) days from receipt of official notification to this effect.
However, parliamentary membership of any person shall not be nullified
unless such matter is decided on by at least 2/3 of Parliament members.
Part Seven: Section Three
Contested Cases over Presidential Elections
Article (117): Any person with vested interest shall have the right to
contest the results of Presidential elections. Contests shall be submitted
to the Supreme Court within (72) hours following the declaration of
results. Each contest shall be based on reasons and shall be confined to
balloting and vote-counting procedures. Each contestant shall be required
to deposit with the Court the total sum of YR 100,000 as a guarantee to be
refunded in full if contest is sustained by Court. The same amount however
shall be forfeited and credited to the State Treasury if the contest is
overturned by Court.
Article (118): The provisions of Articles (112) and (113) of this Law
shall also apply in dealing with contentious Presidential Election cases.
Article (119): The sheer submission of contests shall neither deter the
Supreme Committee from announcing Presidential Election results, nor shall
such cases prevent the same Committee from awarding the successful
candidate a certificate confirming his/her status as the winning
candidate. Such cases shall by no means deter the President-elect from
taking the Oath of Office in Parliament and assuming duties accordingly.
Part Seven: Section Four
Contested Local Council Election Cases
Article (120): Any person with vested interest in local councils’ election
shall have the right to contest election results. Contests shall be
forwarded to the Court of Appeals in any given Governorate within (48)
hours following the declaration of results at the constituency level. Each
contest shall be based on reason and shall be confined to election and
vote-counting procedures. Each contestant shall be required to deposit
with the Court the total sum of YR 10,000 as a guarantee to be refunded in
full if the contest is sustained by Court. The same amount however shall
be forfeited and credited to the Local Council in focus if the contest is
overturned by Court.
Article (121): Each Court of Appeal at the Governorate level shall create
a consultative body to investigate contested local councils’ election
cases. The consultative body shall be composed of heads of courts of First
Instances or their deputies particularly at the governorate or directorate
level where contests were originally filed. In view of recommendations
forwarded by the consultative body with reference to the issues at stake,
the Governorate’s Court of Appeals shall issue its verdict(s) no later
than (10) days from receipt of such recommendations. The Court of Appeals
shall furnish the winning candidate with a copy of the electoral contest
lodged against him/her. The candidate shall then be required to submit
his/her defense in writing within (4) days following legal notification of
the case in point. The Court of Appeals’ ruling(s) shall be final and
irrevocable.
Article (122):
(a) The sheer submission of contests shall in way prevent concerned
authorities from announcing final local councils’ election results
including contested cases.
(b) In cases where the Court of Appeals up-holds a contest, the results of
elections shall be deemed void in the concerned local council area. The
Supreme Committee shall then be required to arrange for complementary
elections in the said area no later than (60) days following the
announcement of the Court of Appeals’ ruling(s).
Part Seven: Section Five
Public Referendum’s Contested Cases
Article (123): Public Referendum’s contests may be submitted to any Court
of First Instance. Rulings issued by such courts may be contested in
Courts of Appeal. Courts’ of Appeals’ Rulings shall be final and
irrevocable.
Article (124): The General Results of any Public Referendum may be
contested only at the Supreme Court level. The Supreme Court’s Ruling(s)
shall be final and irrevocable.
Part Eight: Penalties
Article (125):
(a) Penalties resulting from violations of this Law, shall be applied
exclusively by courts. The Public Prosecutor’s Office shall undertake all
enquiries and investigation in accordance with the provisions of the Code
of Criminal Procedures.
(b) The Supreme Elections Committee, main, supervisory and sub-committees
as well as any voter with vested interest – shall have the right to file
law-suits at office of Public Prosecutions or at any court of competent
jurisdiction against any individual accused of committing a criminal
electoral offense in accordance with the provisions of this Law. Any
election official accused of negligence or professional misconduct shall
also be subject to the provisions of this Article. The aggrieved shall
have the right to claim for compensatory damages. Such cases shall be
dealt with instantly in courts of competent jurisdiction.
Article (126): Without contravening stricter punishment provided for in
other Laws, the following offenses committed by any member of the Supreme
Committee shall be punishable by a maximum (4) year imprisonment. The
convicted Supreme Committee member shall also be dismissed from office and
all privileges shall be withdrawn. The offenses referred to above are as
follows:
(1) Issuing instructions in violation of the provisions of this Law,
applicable by-laws and in contradiction with rules and regulations adopted
by the Supreme Committee;
(2) Violating the provisions of Article (21.g) of this Law;
(3) Refusal to abide by the provisions of this Law, its by-laws and/or the
instructions issued by the Supreme Elections Committee. This is in
addition to any attempt to deliberately obstruct the implementation of
this Law;
(4) Committing any of the election offenses stipulated in this Law.
Article (127): Without contravening stricter punishment provided for in
other Laws, the following offenses committed by any staff member of the
Supreme Committee’s General Secretariat and/or its branch offices – shall
be punishable by a maximum (3) year imprisonment or by a fine not less
than YR 400,000. The convicted staff member shall also be dismissed from
office. The offenses referred to above are as follows:
(1) Entering data or providing information in violation of the provisions
of this Law, its executive orders and the instructions issued by the
Supreme Committee – particularly if such information caused the Supreme
Committee to take a course of action in violation of the provisions of
this Law;
(2) Issuing instructions in violation of the provisions of this Law and in
contradiction with rules and regulations adopted by the Supreme Committee;
(3) Releasing information and/or data or disclosing classified information
to unauthorized individuals and/or agencies;
(4) Causing changes to the division and distribution of electoral centers
and constituencies or tampering with information and data in contradiction
with the Supreme Committee’s policy guidelines;
(5) Tampering with voter registers or running candidates’ logos;
(6) Disclosing classified information which may adversely affect the
electoral process.
Article (128): Without contravening stricter punishment provided for in
other Laws, the following offenses – committed by heads and members of
election committees or any other committee(s) formed by the Supreme
Committee during an electoral process – shall be punishable by a maximum
one year imprisonment or by a fine not less than YR 150,000. The offenses
referred to above are as follows:
(1) Tampering with voter registers by unauthorized entry or deletion of
names or by deliberate omission of names from voter registers on Election
Day;
(2) Tampering with election results or using stalling tactics to delay the
announcement of election results by refusal to endorse such results;
(3) Concealing ballot slips or using ballot slips in excess of the actual
number of voters;
(4) Issuing orders in contradiction with the provisions of this Law, its
executive orders and the policy guidelines endorsed by the Supreme
Committee;
(5) Refusal to consider a legally reasoned petition and/or request by a
running candidate or any person with vested interest in the electoral
process in clear violation of the provisions of this Law, its executive
orders and the Supreme Committee’s policy guidelines;
(6) Non-compliance with the schedule of events governing the whole
electoral process;
(7) Deliberate failure to deliver on schedule election results and other
relevant documentation to the General Secretariat or any of its chapters;
(8) Unfolding ballot-slip envelopes before the scheduled date and time or
disclosing information about ballot slips to any political party,
organization or any running candidate;
(9) Disclosing classified information or data which may adversely affect
the vested interest of others.
Article (129): Without contravening stricter punishment provided for in
other Laws, election offenses committed by executive and/or security
officers shall be punishable by a maximum one year imprisonment. The
convicted officer shall also be discharged from service.
Article (130): Without contravening stricter punishment provided for in
other Laws, election offenses – caused by members of any political party
and/or organization and consequently resulting in disruption of the
electoral process, postponement and/or cancellation of elections – shall
be subject to punishment. The political parties concerned shall be held
accountable and subject to punishment as follows:
(1) Bear the cost of supplementary elections to be held at the electoral
center and/or constituency where the general election was either postponed
or cancelled;
(2) Barring (the concerned political party and/or organization) from
participation in supplementary elections;
(3) Public disclosure of the ruling as well as naming of the political
party and/or organization indicated for such election offenses. State-run
media sources and the mouthpiece of the party (in focus) shall be used for
disclosure purposes.
Article (131): Execution of the penalties cited above shall by no means
deter the aggrieved from resorting to the Court to claim for compensatory
and/or consequential damages.
Article (132): Without contravening stricter punishment provided for in
Penal Laws, the following shall be punishable by a maximum (6) months
imprisonment:
1. Any person convicted of any violation of the provisions of Part Four of
this Law;
2. Any person who may have voted with full knowledge of the fact that
his/her name had been wrongfully listed in voter registers or that s/he
was no longer eligible for voting;
3. Any person who may have disclosed the opinion of another voter against
his/her wish;
4. Any person who may have voted more than once in any single election;
5. Any person making an unauthorized entry into any polling station and
who may have refused to leave the station after being ordered to do so by
the Election Committee;
6. Any person who may have taken part in a demonstration or rally on
Election Day;
7. Any person who may have taken part in a gathering with the intent of
causing chaos and/or inciting a riot on Election Day;
8. Any person convicted of stealing, concealing, destroying or tampering
with election documents;
9. Any person who may have acted against the will of an illiterate voter
by filling in a name and/or a symbol not intended by the voter. The same
punishment shall be applicable to any person who may have obstructed a
voter from exercising his/her right to vote;
10. Any head or committee member who may have been reprimanded and then
convicted of negligence in performing his/her duties in accordance with
the provisions of this Law.
Article (133): Without contravening stricter punishment provided for in
Penal Laws, any of the followings shall be punishable by a maximum one
year imprisonment:
1. Any person who may have used force or threatened to use force to
prevent a voter from voting or to coerce a voter to vote in favor of a
certain candidate;
2. Any person who may have granted, offered or pledged to grant a voter
(or others on behalf of the voter) certain favors and/or concessions with
the ultimate purpose of coercing the voter to act in favor of a certain
candidate or to abstain from voting;
3. Any person who may have distributed or propagated inaccurate
information about the character and/or morality of a certain candidate
among voters with the ultimate purpose of influencing voters and thus
affecting the electoral outcome;
4. Any person who may have entered a polling station with fire arms in
violation of the provisions of Article (97) of this Law;
5. Any person who may have been convicted of swearing at, slandering,
attacking or threatening to attack any election committee or any of its
members while on duty or because of such duties;
6. Any person who may have been convicted of hijacking ballot boxes with
the intention to bargain with or hinder the outcome of the election
process;
7. Any person who may have abused power and authority to influence the
opinion of any given voter. Such a person may also be removed from office;
8. Any person who may have violated the provisions of Article (143) of
this Law.
Article (134): Without contravening stricter punishment provided for in
Penal Laws, the followings shall be punishable by at least (18) months
imprisonment or by a fine not less than YR 200,000:
1. Any person who may have concealed, distorted or tampered with voters’
register in what so ever manner and/or capacity.
2. Any person who may have used force or threatened to use force with
intent to disrupt law and order and violate electorate freedom on Election
Day.
Article (135): Any person who may have entered his/her name in voter
registers using more than one domicile address in clear violation of the
provisions of Article (4. b) of this Law – shall be punishable by (3)
months imprisonment. Names of persons indicted of such acts shall be
removed from all voters’ registers.
Article (136): All penalties cited above may be reduced to half in
extenuating circumstances (i.e. attempted election crimes and/or
offenses).
Article (137): If a person committed a crime or showed intention to commit
a crime in a polling station, the Election Committee’s Head shall
immediately draw minutes confirming the event and shall order law
enforcement agencies to arrest the suspect and to bring him/her to
justice.
Part Nine
General Provisions
Article (138): Any eligible voter shall have the right to file a petition
at all court levels against alleged practices attributed to the Supreme
Committee in violation of the Constitution and applicable laws. Courts
shall decide upon such allegations within (30) days from the date they
were filed. Deliberations of such cases at any court level may not exceed
(10) days.
Article (139): Subject to the provisions of this Law, all petitions,
appeals and protests lodged by contestants shall be exempt from all State
and judicial taxes, stamps and duties.
Article (140): Subject to the provisions of this Law, the Local Authority
Law shall prevail in all matters appertaining to local councils’
elections. The Supreme Committee shall undertake all appropriate measures
in conformity with the very special nature of local elections.
Article (141): The General Provisions of this Law shall prevail in all
matters not adequately addressed in Part Five (Sections 2 & 3)
particularly with reference to presidential and local councils’ elections.
Article (142):
(a) The Supreme Committee shall issue the necessary rules and regulations
to facilitate the work of non-government organizations and international
bodies which may wish to observe any general election and/or referendum in
an open and transparent manner;
(b) Political parties shall have the right to form election monitoring
bodies. Such bodies shall have no right to interfere with the work and
duties of election committees.
Article (143): State funds, resources and facilities may not be used
and/or mobilized (directly or indirectly) in favor of any political party,
organization or any running candidate. Such acts are punishable in
accordance with the provisions of Article (133) of this Law.
Article (144): Upon ratification of this Law, the Supreme Committee shall
commence the task of voter registration at all electoral district levels.
Voter registers at these levels shall be deemed official registers for
local, parliamentary and presidential elections as well as for public
referenda purposes. This is in compliance with the provisions of Article
(2. O) of this Law.
Article (145): The Supreme Committee for Elections and Referendum shall
draft the necessary By-laws in compliance with the provisions of this Law.
A presidential order to this effect shall also be issued.
Article (146): The Supreme Committee for Elections and Referendum shall
issue the necessary executive orders and regulations in compliance with
this Law.
Article (147): The following Laws: Law No. (27/96), Law No. (27/99), Law
No. (42/99) and all other laws and regulations in violation of the
provisions of this Law – shall all be deemed void and null.
Article (148): This Law shall be made public in the Official Gazette and
shall come into effect as of the date of its issuance.
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