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ELECTORAL LAW |
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(Decree for Holding Elections During the Transitional Period) 14 March 2004 Version Chapter I. General Provisions and Definitions Chapter II. Electoral Administration Chapter III. Electoral Boundaries Chapter IV. Voters Chapter V. Presidential Elections Chapter VI. Parliamentary Elections Chapter VII. Provincial and District Elections Chapter VIII. Preparation for elections, the polling, results, observers and agents and Media Chapter IX. Electoral Complaints and Electoral Offences Chapter X. Miscellaneous
Chapter I General Provisions Article 1. This decree is issued pursuant to Articles 33 and 159(1) and other relevant provisions of the Constitution of Afghanistan to regulate electoral affairs in the country during the remainder of the Transitional Period. Article 2. Elections shall be conducted on the basis of free, secret, competitive, universal, and direct ballots. Article 3. All voters shall have equal right of participation in the elections. Article 4. Voters may vote only on their own behalf. Special procedures will be established to facilitate the vote of persons with disabilities. Article 5. Voters participate in the elections on the basis of their free will. Imposition of any kind of direct or indirect restriction on voters and/or candidates on the basis of racial, ethnic, gender, tribal, geographic, or social status is prohibited. Article 6. All government institutions, social organizations, and relevant persons shall cooperate with and implement the decisions of the Joint Electoral Management Body made within the scope of its authority. Chapter II Electoral Administration Article 7. Joint Electoral Management Body Notwithstanding the establishment of the Independent Electoral Commission and unless otherwise provided the Joint Electoral Management Body established by the Decree on the Establishment of the JEMB shall retain its structure and responsibilities, as provided in the Decree on Arrangements for Holding Elections During the Transitional Period, for the duration of the transitional period. Article 8. Electoral Staff The Joint Electoral Management Body, through its Secretariat, shall appoint such electoral officials at regional, provincial, and local level as are required for conducting a free and fair election. Article 9. Obligations of Impartiality and Declaration of Secrecy (1) Electoral officials shall perform their functions in a neutral and impartial manner and shall not, in the performance of their duties, seek or receive instructions from any government, party, organization, or other authority apart from the Joint Electoral Management Body and the Director of the Electoral Secretariat. (2) Electoral officials shall refrain from any action which might reflect negatively on their role as neutral and impartial officials responsible only to the Director of the Secretariat and to the JEMB. (3) Prior to their employment, electoral official shall formally undertake to uphold the confidentiality of polling and the tallying of votes in a manner established by the Joint Electoral Management Body. Article 10. Disqualification from Acting as Election Official
Chapter III Electoral Boundaries Article 11. Use of Existing Administrative Boundaries For the purposes of electing members of the Wolesi Jirga, provincial councils, and district councils, the provinces and districts entitled to elect representatives will be those designated by the President in a decree no later than 120 days prior to the election. Article 12. Electoral Boundary Disputes
Chapter IV Electors Article 13. Qualifications for Voting Every Afghan who meets the following conditions can vote in presidential, parliamentary, and provincial and district assembly elections: 1. Has completed eighteen years of age at the time of the election; 2. Has Afghan citizenship at the time of the publication date of the voters registration list; 3. Is not deprived of any political rights by the courts or the Constitution of the Islamic Republic of Afghanistan; 4. Is registered in the voters registration list. Article 14. Location of Voting (1) Electors shall cast their votes in the place where their name is registered in the voter registration list. (2) The Joint Electoral Management Body may establish exceptions to the above provision for among others the following categories nomadic population, refugees and internally displaced persons, armed forces and police personnel, election officials on duty and civil servants; . Article 15. Voter Identification Voters shall present their voter registration card prior to being issued a ballot. Chapter V Election of the President Article 16. Candidate Eligibility The Joint Electoral Management Body shall verify that presidential and vice-presidential candidates fulfill the conditions of eligibility established in Article 62 of the Constitution. Article 17. Election of the President (1) The President is elected by a majority of the valid votes cast in a universal, secret and direct election. (2) If no candidate wins more than 50% of the valid votes in the election, a runoff election shall be held between the two most-voted candidates within 2 weeks after the announcement of the election results. The candidate receiving the most valid votes in the runoff election shall be declared elected. (3) If at the end of the nomination period there is only one candidate, the Joint Electoral Management body shall certify that candidate's election. (4) The winning candidate shall assume his duties 30 days after the certification of the election results. Chapter VI Parliamentary Elections Section I Wolesi Jirga Article 18. Membership of the Wolesi Jirga (1) There shall be 249 seats in the Wolesi Jirga. (2) 215 of the seats shall be allocated among the provinces in proportion to their population. (3) The remaining 34 seats are compensatory seats to be filled at national level. Article 19. Proportional Allocation of Seats among Provinces (1) At least 90 days prior to each election, the Central Statistics Office shall provide to the JEMB the most recent population figures or estimates for each province in Afghanistan. (2) The JEMB shall allocate seats among the provinces as follows: a. The total population of the provinces to be allocated seats is divided by the number of seats to be allocated (215) to obtain the seat allocation quota. b. The population of each province to be allocated seats is divided by the result of the calculation in a. (the seat allocation quota). The number of seats initially allocated to each province shall correspond to the whole numbers resulting from these calculations after disregarding any decimal fraction. c. Seats remaining after these calculations shall be awarded to provinces according to the declining order of the largeness of the decimal fractions resulting from the calculation in b. d. If the result of the calculations in c. results in any province initially being allocated less than two seats, those provinces shall be allocated two seats, and the process is repeated, excluding from any subsequent calculations the seats already allocated and the populations of those provinces. This process is repeated as necessary until all provinces have at least two seats allocated to them. Article 20. Candidate Lists (1) Political parties registered as such with the Ministry of Justice may nominate a number of candidates in each constituency (provincial or national) up to 150% of the number of seats to be filled in that constituency. (2) Political parties must specify the order in which candidates are to be awarded seats that are allocated to their party. a. At least 30 percent of all candidates on a list must be females. b. Male and female candidates must be listed in such an order that male candidates occupy successive positions only once all female candidates have been placed on the list. (3) Candidates nominated by a political party can only stand on either a "hawzah" list or the national list for compensatory seats. Article 21. Candidate Eligibility (1) The Joint Electoral Management Body shall verify that candidates to the Wolesi Jirga fulfill the conditions of eligibility established in Article 85 of the Constitution. (2) Independent candidates shall not be eligible to stand for election in more than one constituency nor to appear on any political party list. (3) Candidates who are found ineligible by the JEMB may be replaced by their political party at any time up to the nomination deadline. Article 22. Proportional Allocation of Provincial Seats to Political Parties and Independent Candidates (1) The total number of valid votes cast in a province is divided by the number of seats to be allocated in that province. (2) The number of votes received by each political party or independent candidate to be awarded seats is divided by the result of the calculation in(1). The number of seats initially allocated to each party or independent candidate shall correspond to the whole numbers resulting from these calculations after disregarding any decimal fraction. (3) Seats remaining after these calculations shall be allocated to political parties or independent candidates according to the declining order of the largeness of the decimal fractions resulting from the calculation in (2). (4) If the calculations in (3) results in any independent candidate or political party being allocated more than one or any political party is allocated more seats than there are candidates on the party's list, those independent candidates and political parties shall be allocated as many seats as they have candidates, and the process is repeated, excluding from any subsequent calculations the seats already allocated and the votes received by those independent candidates or political parties. (5) A detailed accounting of the allocation of seats shall be provided to all contesting political parties and independent candidates within 24 hours of the certification of the election results. Article 23. Awarding of Provincial Seats (1) Seats are awarded to party candidates in the order in which they appear on the party's candidate list. (2) If a candidate is not able to take his/her seat, or if such candidate abandons that seat during the parliamentary term for any reason, the seat will be awarded for the remainder of the term to which the candidate was elected to the next available person of the same gender on the list from which that candidate was elected. (3) If there are no further candidates on the list for a given provincial seat, the seat shall be awarded to the first eligible candidate of the same gender on the same party's national candidate list. (4) If no person of the same gender is available neither on the party's hawzah list nor on the national list for compensatory seats, the seats will go to the first available person (of the opposite gender) on the party's hawzah list. If no such person is available, the seat will go to the next available person on the national list for compensatory seats. If no seats are available either at the hawzah list or the national list, those seats shall remain empty for the remainder of the parliamentary term. Article 24. Proportional Allocation of National Seats to Political Parties (1) National seats shall be allocated among parties which have presented candidates in more than one province. (2) To determine the entitlement of political parties to national seats: a. The total number of seats won by independent candidates and by political parties which presented candidates in only one province is subtracted from the total number of seats (249); b. The total number of valid votes won by those parties which presented candidates in more than one province is divided by the result of a. c. The number of votes received by each political party eligible for the allocation of national seats is divided by the result of the calculation in b. Each political party's initial entitlement shall correspond to the whole numbers resulting from these calculations after disregarding any decimal fraction. d. Seats remaining after these calculations shall be allocated to political parties according to the declining order of the largeness of the decimal fractions resulting from the calculation in c. e. The number of provincial seats already won by each political party shall be deducted from its initial entitlement resulting from the calculations in c. and d. f. If the result of e. is less than 0 in respect of any political party/parties, a new calculation is made as above, excluding that party's/those parties' seats and votes, as well as the seats and votes of all parties where the result of e .is 0. This process is repeated as necessary until the result of the calculation in e. is equal to or greater than 0 in respect of all political parties. Article 25. Awarding of National Seats (1) Seats are awarded to the candidates on the parties' national lists in the following manner starting with the most voted party at national level: a. If the number of females awarded provincial seats is less than twice the number of provinces, the first candidate awarded a seat from each of the parties entitled to a national seat shall be the first available female from those parties' national lists. This step is repeated until the number of female candidates awarded seats in the Wolesi Jirga is equal to twice the number of provinces. Nevertheless if the number of female candidates does not meet the constitutional requirement, the most voted non-elected female candidates at provincial level will obtain a national seat until the constitutional requirement has been met. b. Once the number of female candidates awarded seats in the Wolesi Jirga is equal to twice the number of provinces, seats are awarded to the first available candidates from the parties' national lists. (2) If a candidate is not able to take his/her seat, or if such candidate abandons that seat during the parliamentary term for any reason, the seat will be awarded for the remainder of the term to which the candidate was elected to the next available person of the same gender on the list from which that candidate was elected. (3) If there are no further candidates on the same party's national candidate list, that seat shall remain empty for the remainder of the parliamentary term. Section II Meshrano Jirga Article 26. Election of Provincial Representatives (1) No later than 15 days after its installation, each provincial council will in a secret election elect one of its members to a seat in the Meshrano Jirga for a period of four years. At least half of the council members must participate in the election for the election to be valid. (2) The election will be presided over by the council chairman, if that person is not a candidate for election to the Meshrano Jirga. If the chairman is a candidate, the deputy chairman will preside over the election. If the deputy chairman is also a candidate, the eldest member who is not a candidate shall preside over this election. (3) Election is by absolute majority among the council members present. If no candidate receives more than half the votes in the first round, run-offs must be conducted between the candidates with the two highest vote totals until one member receives a majority of the votes. (4) If the elected member of the Meshrano Jirga abandons the seat prior to the end of the term, a new Member shall be elected in the same way from among the current members of the provincial council for the remainder of the term. Article 27. Election of District Councils Representatives (1) Within five days of the installation of the district councils, the JEMB shall provide each provincial council with a list of the individuals elected to the district councils in their respective province for the purpose of verifying the eligibility of individuals to vote in the election. (2) The chairman of the provincial council is responsible for convening members of the district councils in the province for an election within fifteen days of the installation of the district councils. The meeting shall take place at a venue which is as accessible as possible for all members of the district councils in the province. (3) At least half of the members of the district councils must participate for the election to be valid. (4) Election is by absolute majority among the council members present. If no candidate receives more than half the votes in the first round, run-offs must be conducted between the candidates with the two highest vote totals in the first round until one member receives a majority of the votes. (5) If the elected member of the Meshrano Jirga abandons the seat prior to the end of the term, a new Member shall be elected in the same way from among the current members of the district councils for the remainder of the term. Article 28. Candidate Eligibility (1) The Joint Electoral Management Body shall verify that individuals elected by Provincial and District councils fulfill the conditions of eligibility established in Article 85 of the Constitution. (2) If a candidate is found not to meet the conditions of eligibility established in the Constitution, the JEMB shall require the respective provincial council or district councils to elect a new member. Article 29. Appointment of Individuals to the Meshrano Jirga (1) Within two weeks after the presidential inauguration, the President shall invite civic organisations, political parties, and the public to nominate individuals to be appointed to the Meshrano Jirga in accordance with Article 84(1)(3) of the Constitution. The nomination period shall remain open for two weeks. (2) No more than two days following the close of nominations, the Office of the President shall forward to the JEMB nomination papers in conformity with Article <<>> for those individuals it intends to appoint. (3) The JEMB shall verify the eligibility of those individuals and shall advise the Office of the President no later than four days following receipt of the nominations. (4) Within two weeks of the close of nominations, the President shall announce appointments to the Meshrano Jirga in accordance with Article 84(1)(3) of the Constitution. Chapter VII Provincial and District Elections Section I Provincial Councils Article 30. Provincial Councils There shall be provincial councils in every province elected through free, secret, competitive, universal, and direct elections by the voters of the province. Article 31. Composition (1) The number of members of each provincial council will be determined according to population in the following manner: a. Provinces with less than 500,000 inhabitants: 9 members in the provincial councils b. Provinces with 500,000-999,999 inhabitants: 15 members in the provincial councils c. Provinces with 1,000,000-1,999,999 inhabitants: 19 members in the provincial councils d. Provinces with 2,000,000 or more inhabitants: 23 members in the provincial councils (2) For the purposes of establishing the number of seats on a provincial council, the population of each province shall be that provided by the Central Statistics Office to the JEMB for the election of the Wolesi Jirga. Article 32. Candidates (1) Political parties and independent candidates seeking to participate in the election of the members of a provincial council must submit their nomination papers to the JEMB. (2) Political parties which have nominated candidates for election to the Wolesi Jirga must use the same name and logo in the provincial council elections as in the Wolesi Jirga elections. (3) Candidates for provincial council elections must reside in the province they seek to represent. (4) Candidates for Wolesi Jirga elections can also stand for election to their respective provincial council, but cannot be a member of the Wolesi Jirga or the provincial council at the same time. Article 33. Nomination of Candidates to Provincial Council (1) Political parties registered as such with the Ministry of Justice may nominate a number of candidates in each province up to 150% of the number of seats to be filled on the provincial council. (2) Political parties must specify the order in which candidates are to be awarded seats that are allocated to their party. a. At least 30 percent of all candidates on a list must be females. b. Male and female candidates must be listed in such an order that male candidates occupy successive positions only once all female candidates have been placed on the list. Article 34. Proportional Allocation of Seats on Provincial Councils (1) Seats on each provincial council are allocated in the following manner a. The JEMB will determine the quota applicable to each province by dividing the total number of valid votes by the number of seats. b. The JEMB will allocate seats to the parties and candidates who meet the quota requirement and to the largest remainders. (2) If a member of a provincial council steps down during their term of office, the next person on their party's list shall be awarded the seat for the remainder of the electoral term. If a list runs out of names or the person stepping down is an independent candidate, that seat is not filled for the remaining part of the council's term. Section II District Councils Article 35. District Councils There shall be district councils in every district elected through direct, free, competitive and secret election by the voters of the district. Article 36. Composition of District Councils (1) The number of members of each district council will be determined according to population in the following manner: a. District with not more than 10,000 inhabitants: 7 members in the district councils b. Districts with 10,001 - 15,000 inhabitants: 9 members in the district councils c. Districts with 15,001-20,000 inhabitants: 11 members in the district councils d. Districts with 20,001 or more inhabitants: 13 members in the district councils (2) For the purposes of establishing the number of seats on a district council, the population of each district shall be that provided by the Central Statistics Office to the JEMB at least 90 days before the election date. Article 37. Candidates (1) Parties and independent candidates wanting to participate in the election of the members of a district council must submit the list of candidates to the JEMB. (2) Parties which have participated in the Wolesi Jirga elections, must use the same name and logo in the district and provincial council elections. (3) Candidates for district council elections must reside in the district they seek to represent. (4) Candidates for district council elections must reside in the district they seek to represent. (5) Candidates for Wolesi Jirga elections can also stand for election to their district council or province, but cannot be a member of the Wolesi Jirga, a provincial council or a district council at the same time. Article 38. Nomination of Candidates to District Councils (1) Political parties registered as such with the Ministry of Justice may nominate a number of candidates in each district up to 150% of the number of seats to be filled on the district council. (2) Political parties must specify the order in which candidates are to be awarded seats that are allocated to their party. a. At least 30 percent of all candidates on a list must be females. b. Male and female candidates must be listed in such an order that male candidates occupy successive positions only once all female candidates have been placed on the list. (3) Candidates not awarded seats are automatically the elected candidates' substitutes, in the sequential order of the list. Article 39. Proportional Allocation of Seats on District Councils (1) Seat allocation for each district council is done in the following way: a. The JEMB will determine the quota applicable to each district by dividing the total number of valid votes cast by the number of seats. b. The JEMB will allocate seats to the parties and candidates who meet the quota requirement and to the largest remainders. (2) If a member of a district council steps down during their term of office, the next person on their party's list is awarded the seat for the remainder of the electoral term. If a list runs out of names or the person stepping down is an independent candidate, that seat is not filled for the remaining part of the district council's term. Chapter VIII Preparation for elections, the campaign, polling, results, observers and agents and Media Article 40. Elections Date (1) The Joint Electoral Management Body shall declare the date for each election after consultation with the government and registered political parties at least 90 days prior to the intended date of polling. (2) The JEMB shall prepare and publish an electoral calendar showing clearly all key dates and deadlines in the electoral process. Article 41. Voters Roll for Election The JEMB must certify the voters roll or the segments of the voters roll to be used in the election at least 15 days in advance of any election after having published it by making it available for inspection in public places determined by the JEMB. Article 42. Campaign (1) The JEMB shall establish a 30-day period for political campaigning. (2) The campaign period shall cease at 23hours 59minutes PM of the third day before the elections. (3) The JEMB shall issue rules regulating the campaign period. Article 43. Establishment of Polling Centers, Provision of Electoral Materials, and Issuance of Instructions (1) The Joint Electoral Management Body, through its Secretariat, shall establish polling centers and shall allot voters among such polling centers in such a manner as to facilitate voter access to the electoral process. (2) The JEMB shall furnish ballot papers, ballot boxes, voting compartments, seals and other requisites and shall issue such other instructions and make such other arrangements to facilitate voting as may be deemed advisable for effectively conducting the election. Article 44. Ballot Papers (1) The Joint Electoral Management Body shall determine: (a) the design of the ballot paper or ballot papers to be used in the election; (b) the manner in which such ballot papers are to be marked by voters; (c) the languages to be used on ballot papers; and (d) the manner in which ballot papers must be accounted for. (2) The order of parties and candidates on the ballots shall be determined by a public drawing administered by the JEMB. Article 45. Ballot Boxes The Joint Electoral Management Body shall determine: (a) the design and material of ballot boxes to be used in the election, ensuring that each ballot box is capable of being securely closed and sealed. (b) the manner in which ballot boxes are to be numbered and labeled; and (c) the manner in which ballot boxes are to be closed, secured, opened, sealed, and unsealed. Article 46. Observers, Political Party Independent Candidate Agents The Joint Electoral Management Body shall determine procedures for accreditation of domestic and international election observers, and of agents of political parties and of independent candidates and shall be responsible for granting such accreditation and establishing a Code of Conduct covering their behavior. Article 47. Nomination of Candidates (1) Political parties must be registered with the Ministry of Justice in order to present candidates for popular election. (2) Parties intending to nominate candidates for election shall notify the JEMB of such intent at least 60 days prior to the election. Such notice shall be in writing in the manner prescribed by the JEMB, and shall contain the following items: a. a declaration stating that the political party intends to nominate candidates for election; b. the full name, the acronym and the logo of the political party; c. a copy of the party's registration with the Ministry of Justice; d. the name, address, other contact information and signature or personal mark of the leader of the political party; e. the address or other contact information of one office of the political party to which all correspondence to the political party will be addressed; (3) Nomination papers shall contain the following information: a. Name and address of the candidate b. Copy of the candidate's voter registration card c. Name of the supporting political party and copy of the party's registration with the Ministry of Justice if nominated by a party d. Sworn statement attesting to the candidate's date and place of birth, parentage, and citizenship e. Acceptance of the nomination signed by the candidate f. The candidate's or party's choice of symbol to appear on the ballot (4) Nomination papers must be filed with the Joint Electoral Management Body at least 60 days before the elections. (5) Independent candidates must fulfill the same requirements as political parties except for article 47.2b and 47.3c. (6) Each independent presidential candidate shall be nominated by 5,000 registered voters. (7) Each independent parliamentarian candidate shall be nominated by2,000 registered voters. (8) Each independent provincial candidate shall be nominated by 1% of the estimated population figure as determined by the data from the Central Statistics Office. (9) Each independent district candidate shall be nominated by 1% of the estimated population in the district as determined by the data from Central Statistics Office. (10) Voters can only sign for a list at each level. The JEMB is in charge of verifying the authenticity of the signatures. (11) The filing fee for independent presidential candidates shall be set by the Joint Electoral Management Body, which fee shall be refunded if the candidate receives at least five percent of the valid votes cast in the election. (12) No candidate shall accept more than one nomination for the presidential election. Article 48. Disqualification of candidates by the Joint Electoral Management Body (1) If a candidate is not eligible for office under the terms of the constitution, the Joint Electoral Management Body shall notify the candidate (and the nominating party, if any) of the reasons for finding the candidate ineligible within 10 calendar days of receiving complete nomination papers. (2) The Joint Electoral Management Body shall give a party or independent candidate the opportunity to rectify any deficiency in the nomination process within 14 days. (3) Following the nomination deadline and the examination of the nomination papers, the Joint Electoral Management Body shall publish the names of all eligible and duly nominated candidates. Article 49. Objections to Candidates (1) Any person may object to the nomination of a candidate on the following grounds: (a) that the candidate is not qualified to stand in the election; (b) that the nomination has not been accepted by the candidate in the prescribed manner; (c) that the political party nominating that candidate is not eligible to nominate candidates for the election. (2) The objection must be made to the JEMB in the prescribed manner by a date fixed by the JEMB. (3) The JEMB, after making necessary inquiries, shall decide the objection and shall inform those affected by the decision. (4) If the JEMB decides to reject a candidate's nomination, it may allow the candidate or registered political party an opportunity to comply with the requirements for nomination at any time prior to the nomination deadline. In the case of a political party contesting legislative elections, this shall include the opportunity to substitute a candidate and re-order the names on the list as a result of that substitution prior to the nomination deadline. Article 50. List of Parties and Independent Candidates Entitled to Contest the Election and Final Lists of Candidates (1) By not later than 45 days before the election date, the JEMB must compile and exhibit a list of the registered political parties and independent candidates entitled to contest the election and final lists of candidates for each of those parties. (2) Appropriate lists shall also be posted at each polling place on polling day. Article 51. Display of Campaign Materials within Given Radius of Polling Station The Joint Electoral Management Body shall order the removal of campaign materials displayed within 100 meters of polling sites on polling day. Article 52. Prohibition of Arms at Polling Stations Except with the authorisation of the Ministry of Interior for the purpose of providing security at and in the close vicinity of a polling station, a person shall not carry or use any weapon of any kind, or any instrument capable of use as a weapon, at or within 100 meters of any polling site on dates when polling is scheduled to take place at such location. Article 53. Commencement and Closing of the Poll (1) Voting at all polling stations shall commence and shall close at times to be fixed by the JEMB. (2) Voting shall be conducted in accordance with procedures published by the JEMB. (3) The Presiding Officer at a polling center shall order a suspension of polling if the polling station is threatened by riot, violence, storm, flood, or any other occurrence which will make the proper conduct of polling impossible. (4) The Presiding Officer, before closing the voting at the polling station at the time fixed under sub article (1), shall mark the end of the line at closing time and shall permit every voter who at that hour is waiting in line at the polling station, to record his or her vote. Article 54. Objections Concerning Voting (1) At any time before a voter has been handed a ballot paper, a registered political party agent may object to that voter being entitled to vote or to vote at the voting center concerned. (2) The Presiding Officer shall determine whether to accept such objection and shall note the particulars of the objection and his/her reason for rejecting or accepting the objection in the official act of polling day. Article 55. Sealing of Ballot Boxes and Other Material by Presiding Officer (1) As soon as the ballot box is full or balloting has ended, the Presiding Officer, in the presence of any registered political party agents and election observers, shall seal the box in the prescribed manner and allow any registered political party agents who may wish to do so, to record the number of the seal. (2) The Presiding Officer shall deliver the ballot boxes and packets to the counting center in accordance with the JEMB's instructions. Article 56. Place and Time of Counting of Votes Votes shall be transported and be counted at counting centers established by the JEMB. Article 57. Presentation and Certification of Results The JEMB is responsible for the presentation and certification of the election results which must be published in the Official Gazette. Article 58. Fair and Unbiased Reporting (1) During the election campaign, in order to ensure that the general public is informed of the political platforms, the views and goals of all political parties and candidates in a fair and unbiased manner, the mass media, including television and radio, shall conduct its news broadcasts and other programs covering the electoral campaign in accordance with the Code of Conduct established by the JEMB. (2) Political parties and candidates should have access to State owned media. They should be allowed access to privately owned media and shall not be charged higher fares that for commercial advertisement. The JEMB shall issue the necessary regulations for the use of media by political parties and candidates. Article 59. Media Commission The Joint Electoral Management Body shall set up, at least 45 days prior to the election date, a Media Commission to monitor the reporting and coverage of the electoral campaign and advise it on any breaches of fair reporting and coverage of the election campaign and of any breaches of the provisions of the code of conduct for the elections relating to the media that may occur during the election campaign. Following the recommendation of the MC, the Joint Elections Management Body may issue a public reprimand of the media organization involved or refer the matter to the Director of Public Prosecutions. Chapter IX Electoral Complaints and Electoral Offences Article 60. Electoral Complaints Complaints regarding voting procedures raised at the polling station should be resolved by the polling station committee in question. If unanimity cannot be reached the chairman's decision prevails. Complaints regarding counting and results should be raised at the time when the counting is done, or the results are being announced. If the complaint is not resolved by the corresponding authority by unanimity, then an appeal can be made to the Provincial Electoral Commission within 48 hours of the closing of the counting, or the results announced. The Provincial Electoral Commission should resolve the matter within 3 days from receiving the complaint. An appeal can be made within the next 48 hours before the Joint Electoral Management Body, who shall resolve the matter within 7 days of receiving the complaint. The decision of the Joint Electoral Management Body is final. Article 61. Electoral Offences (1) A person who commits any of the following actions during campaign or election will be subject to prosecution: (a) threatens or intimidates a voter or causes a disturbance of the electoral process; (b) prevents the presence of voters, candidates or their agents in the polling stations without due cause; (c) commits fraud or cheating in voting or vote counting (d) votes with and/or through a false card or through the card of another person; (e) changes, replaces, steals, or destroys electoral documents; (f) manufactures false cards; (g) commits fraud in the voter registration card (h) attempts to use a forged voter registration card; (i) attempts to vote more than once; (j) opens and/or breaks the padlock of a secure storage location, or the lock or seal of the ballot boxes without due authority; (k) impedes voters or candidates from participating in the electoral process; (l) knowingly makes use of funds originating in illegal activities or from foreign sources (m) uses of hate speech (n) encourages other persons to commit any of the actions before (2) The JEMB may sanction political parties if it determines that a party directed or sanctioned electoral offences committed by individuals. (3) Where the Joint Electoral Management Body believes that an infraction has taken place and such infraction merits legal sanctions, it shall refer the matter to the relevant law enforcement or prosecutorial authorities, giving the reasons for its request. Chapter X Miscellaneous Article 62. In case appropriate conditions for holding elections are not met the JEMB may postpone or suspend the polling. Article 63. The Joint Electoral Management Body shall issue such regulations, procedures, and guidelines as it deems necessary to implement the provisions of this decree. Article 64 This law shall come into effect from the date of its signature and is to be published in the Official Gazette. |