TITLE IV

SPECIAL PROVISIONS FOR THE

ELECTION OF THE MEMBERS OF THE CHAMBER OF ADVISORS

 

CHAPTER I

Composition of the Chamber of Advisors
 
Article 110 ( added by organic law 2003-58 of August 4, 2003 )

The total number of the members of the Chambers of Advisors shall be set by decree every 6 years, according to the number of the members of the Chamber of Deputies in office. It shall not exceed two-thirds of the number of the members of the Chamber of Deputies.

The one-third of the number set and reserved to sectors must be divisible in three equal parts without fraction; these parts must be divisible by two halves without fraction.

Article 111 ( added by organic law 2003-58 of August 4, 2003 )

For each governorate, the number of members is set as follows:

•  One member when the number of inhabitants in the governorate is less than 250,000.

•  Two members when the number of inhabitants in the governorate is equal to or more than 250,000.

Article 112 ( added by organic law 2003-58 of August 4, 2003 )

During the last 30 days of each 3-year period, half of the Chamber of Advisors shall be renewed, considering the distribution adopted in the composition of this Chamber and the provisions of article 136 of the present code. The mandate shall commence at the expiration of that of the outgoing members, either in accordance with paragraph 3 of article 5 of constitutional law 2002-51 dated June 1 st , 2002, amending certain provisions of the Constitution, or on account of the expiration of the mandate's normal duration.

When the number of members for governorates is not divisible by two without a fraction, the draw shall be made for the half, without considering the surplus member.

The periodic renewal of the Chamber by half shall then take place, taking into consideration the mandate's full duration.

 

CHAPTER TWO

Eligibility and ineligibility requirements

 

Article 113 ( added by organic law 2003-58 of August 4, 2003 )

No citizen can stand as a candidate for the Chamber of Advisors if he does not meet the following requirements:

•  hold the status of voter;

•  be born of a Tunisian father or a Tunisian mother;

•  be aged at least 40 on the day of submitting his candidacy.

Article 114 ( added by organic law 2003-58 of August 4, 2003 )

Candidates must meet the following conditions:

•  The member to be elected for the governorate must, on the day of presenting his candidacy, be a municipal advisor or a member of the Chamber of Deputies elected in the district(s) of this governorate.

•  The candidate representing the sector of employers or that of farmers must justify the professional capacity entitling him to stand as candidate for any of the two sectors. The professional exercise of the occupation shall be of a principal character.

Article 115 ( added by organic law 2003-58 of August 4, 2003 )

The provisions of articles 77 and 78 of the present code shall apply to candidates for the Chamber of Advisors.

 

CHAPTER III

Incompatibilities

 

Article 116 ( added by organic law 2003-58 of August 4, 2003 )

The provisions of articles 80 and 86 of the present code shall apply to the members of the Chamber of Advisors.

Article 117 ( added by organic law 2003-58 of August 4, 2003 )

Each member belonging to the Chamber of Advisors and who falling under one of the incompatibility cases stated in the present article shall be considered either as automatically resigning from his functions that are incompatible with his mandate in the Chamber of Advisors, as soon as the election results become final or as soon as he accepts his appointment in the Chamber, or shall automatically be put on special leave if he holds a public office.

Any member of the Chamber of Advisors who is entrusted during his mandate with a responsibility or function provided for in articles 77 and 82 of the present code, or who accepts a responsibility incompatible with his mandate, or disregards the provisions of articles 83 and 86 of the present code shall have his mandate automatically ended, unless he resigns of his own free will.

In both cases, he shall be replaced in accordance with the provisions of article 136 of the present code.

The automatic resignation is declared by the Chamber of Advisors upon the request of the president of the Republic or of the Chamber's bureau.

 

CHAPTER IV

Electoral rolls - Polling stations - The ballot

 

Section I

Electoral rolls

 

Article 118 ( added by organic law 2003-58 of August 4, 2003 )

Following the publication of the decree inviting voters, the governor shall establish by alphabetical order the electoral roll comprising all the members of the Chamber of Deputies elected in the governorate and all the municipal advisors of the governorate.

The governor shall give each voter, at least 7 days before the day of the ballot, a voter card including the voter's full name, number of registration on the electoral roll and the capacity by virtue of which he will participate in the elections.

 

Section II

Polling stations

 

Article 119 ( added by organic law 2003-58 of August 4, 2003 )

Voting shall take place at the seat of the regional council which shall constitute a single station for each governorate.

Article 120 ( added by organic law 2003-58 of August 4, 2003 )

The governor shall designate the chief of the polling station and two assistants from among the voters. Members of polling stations may not be chosen from among candidates.

The polling station shall keep the list of the voters who will vote in it.

The station shall rule on all objections that might arise during the election operations. These objections shall be mentioned in the ballot report.

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