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

For seat apportionment at the national level, the electoral quotient shall be determined by adding up the number of votes having won no seats at constituency level and by dividing these votes by the number of seats to be apportioned nationwide.

The nationwide seat apportionment among lists having won no seats in one or more constituencies shall be done on the basis of the proportional system taking into account the highest average.

The following shall be taken into consideration in this apportionment :

•  for the lists of political parties, votes obtained at the national level that have not won these lists seats at the level of one or more constituencies.

•  for other lists, votes obtained at the constituency level that have not won these lists seats in the constituency.

In the case where averages are equal, the seat is allocated to the largest total.

Seats obtained by each party in the national distribution are awarded on the basis of the ranking on each list when the candidacy was presented. The first seat, however, is allocated to the list having received the highest percentage of votes in the constituency where it ran. The second seat will then be allocated to the next list until all the seats obtained by a party have been allocated. If the number of seats to be allocated exceeds the number of lists, the operation is repeated according to the same method.

In the case of equal percentages in two or more constituencies, the seat shall be allocated to the list having obtained the largest number of votes.

The seats obtained by lists not affiliated with political parties shall be allocated according to the ranking of candidate names on the list.

Results shall be publicly proclaimed by the Minister of Interior who shall make sure they are published in the Official Gazette of the Republic of Tunisia (JORT).

Article 106 ( amended by organic law 2003-58 of August 4, 2003 )

In the case of a dispute over the registration of a list, each candidate on this list can complain to the Constitutional Council within two working days following the expiration of the deadline for the delivery of the definitive receipt. The Constitutional Council shall rule on the matter within two days from the date the complaint was filed.

Each candidate of a list having obtained the definitive receipt may also contest the legality of the other lists' candidacies during the day following the posting day. The Constitutional Council shall rule on the matter on the second day following the posting day.

Each candidate to legislative elections has the right to question the legality of the electoral operations and of the results within a three-working-day period following the proclamation of results by the Minister of Interior.

The Constitutional Council shall rule on the matter within five days from the expiry of the period of appeal.

The president of the Constitutional Council can, if need be, add one and only one fifteen-day extension to the period of examining appeals.

In order to be admissible, the complaint must detail the facts and the legal means, and must include all necessary documentary evidence.

Appeals shall be filed at the secretariat of the Constitutional Council.

The decisions of cancellation or dismissal of appeals rendered by the Constitutional Council shall, in all cases, be final and can, in no way, be appealed.

Article 106a ( amended by organic law 2003-58 of August 4, 2003 )

If, in an electoral district, no appeal is made within the legal deadlines, the Constitutional Council shall declare the deputies of this district as definitively elected.

The president of the Constitutional Council shall inform, without delay, the speaker of the Chamber of Deputies of all his decisions.

Article 107 ( repealed by article 11 of organic law 2003-58 of August 4, 2003 ).

 

CHAPTER VIII

Replacement of Deputies

 

Article 108 (amended by organic law 93-118 of December 27, 1993 )

Legislative by-elections shall be held if half or more of the votes within a constituency have been cancelled. This shall be done within a period not exceeding three months and the ballot shall only concern the lists having participated in the cancelled elections.

If less than half of the votes are cancelled and if this cancellation has a direct effect on the constituency's election results, a new ballot shall be held only in the polling stations where the results were cancelled and within a period not exceeding three months from the cancellation date. In this case the ballot will only concern the lists having participated in the canceled elections and there shall be no electoral campaign.

The unfolding and counting of the votes shall be carried out on the basis of the new results.

The seats to be assigned in one constituency shall be allocated to the list having obtained the greatest number of votes.

If the seats in a constituency have already been allocated at national level, they shall be apportioned again among the other lists on the basis of the proportional rule taking the highest average into account.

In the case of vacancy, by-elections shall be held within a maximum time-limit of 12 months from the vacancy date. The list ballot shall be on the basis of the majority of votes regardless of how the seat now vacant was initially allocated.

No by-elections shall be held in the twelve months prior to the renewal of the Chamber of Deputies.

Article 109 (repealed by article 2 of organic law 88-79 of September 24, 1988 )

The provisions of article 109 of the electoral code are repealed in accordance with law 81-79 of September 24, 1981 .

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