Article 87 ( amended by organic law 88-144 of December 29, 1988 )

A deputy representative who finds himself, upon election, in one of the cases of incompatibility mentioned in the present chapter shall, as soon as the ballot results become definitive, automatically be considered as having resigned the functions incompatible with his mandate or be put on a special leave if he is a civil service official.

A Deputy who during his mandate is appointed to one of the functions provided for under articles 77 to 82 of the present code, who accepts a function that is incompatible with his mandate or who has ignored the provisions of articles 83 and 86 of the present code shall automatically be declared as having resigned, unless he voluntarily relinquishes his mandate. In both cases he shall be replaced in accordance with article 108 of the present code.

The automatic resignation will be pronounced by the Chamber of Deputies at the request of the President of the Republic or the bureau of the Chamber.

Incompatibility rules shall not apply to members of the government.

 

CHAPTER IV

The ballot

 

Article 88 ( amended by organic law 93-118 of December 27, 1993 )

Deputies are elected in one round of list-balloting.

The voter shall choose one of the lists running for election without replacing any of the candidates' names that are on that list. His chosen list will be placed in the envelope provided to that effect, to the exclusion of any other.

Article 89 ( amended by organic law 74-66 of July 2, 1974 )

The voting shall be carried out on the basis electoral districts; each governorate constituting one or more districts in accordance with the provisions of the decree referred to in article 72 of the present law.

Article 90 ( repealed by article 3 of organic law 88-144 of December 29, 1988 ).

 

CHAPTER V

Declarations of candidacies

 

Article 91 ( amended by organic law 98-93 of November 6, 1998 )

Candidates on a list in an electoral district must draft a declaration bearing their signature and including the following :

•  The denomination given to the presented list ;

•  Each candidate's full name, the full names of his father and mother, his date and place of birth, address, profession and national identity card number complete with the date and place of issue ;

•  The electoral list on which the candidates are registered.

 

The color of the list must also be indicated for lists of candidates presented by political parties. As for lists not presented by political parties, the declaration shall mention the color selected in accordance with paragraph 4 of article 76 of the present code, in the presence of the person receiving the declaration of candidacy.

Article 92 ( amended by organic law 2003-58 of August 4, 2003 )

Candidacy applications shall be submitted to the governor or to his representative in plain unheaded paper, in two copies, during the fifth week preceding the day of the ballot.

One copy shall be kept at the governorate while the other shall be immediately sent to the Ministry of Interior. The declarant shall be given a provisional receipt for his declaration. The final receipt shall be delivered in the four days following the presentation of the declaration at the governorate if the list is found to be in conformity with the prescriptions of the present code.

The governor shall post the final lists in the seat of the governorate on the 20 th day preceding the day of the ballot.

Article 93 ( amended by organic law 88-144 of December 29, 1988 )

Within the same district, different lists will bear different titles and a different political party affiliation.

Each list must include a number of candidates equal to the number of seats allocated to the corresponding constituency.

Article 94 ( amended by organic law 2003-58 of August 4, 2003 )

No one can be candidate on more than one list in the same district.

None can be a candidate in more than one district.

The presidential candidate may not stand as candidate in case the elections for the presidency of the republic are concomitant with the elections of the members of the Chamber of Deputies.

Article 95

No list violating the above provisions shall be registered.

Article 96 ( repealed by article 3 of organic law 88-144 of December 29, 1988 )

Article 97

Withdrawals of candidacy can only be presented before the deadline for the presentation of declarations of candidacy; they are registered identically to the declarations.

Article 98

If a candidate dies after the expiration of the deadline for presenting declarations of candidacy, the candidates presenting the list shall have the right to replace the deceased with a new candidate.

The governor must be notified of this replacement on the fifth day prior to the ballot at the latest.

CHAPTER VI

Electioneering

 

Article 99 ( repealed by organic law 88-144 of December 29, 1988 ).

Article 100 ( repealed by organic law 88-144 of December 29, 1988 ).

 

CHAPTER VII

Counting of votes

 

Article 101 ( repealed by article 3 of organic law 88-144 of December 29, 1988 ).

Article 102 (amended by organic law 2003-58 of August 4, 2003 )

The general vote tally shall be carried out in public for every electoral district by a commission composed of :

•  The governor : President

•  A judge designated by the Minister of Justice

•  Three voters designated by the Minister of the Interior : Members

The tally shall be carried out on the basis of the report and other documents transmitted by the central bureau.

Each list shall have the right to select one of its representatives to attend the operations of the general vote tally commission.

Article 103 ( amended by organic law 88-144 of December 29, 1988 )

The general vote tally operation shall be recorded in a report made in three copies :

•  one copy is sent to the Ministry of Interior ;

•  another is sent to the President of the Constitutional Council ;

•  the third copy is kept by the governor.

Article 104 ( amended by organic law 93-118 of December 27, 1993 )

The valid votes and the votes obtained by each list shall be totalized separately.

Article 105 ( amended by organic law 93-118 of December 27, 1993 )

All of the district's seats shall be attributed to the list obtaining the greatest number of votes.

In the case where a single list is running, it is declared elected no matter the number of votes it has obtained.

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