Section III

The ballot

 

Article 121 (added by organic law 2003-58 of August 4, 2003 )

The members of the Chamber of Advisors shall be elected in only one electoral round by vote on lists.

Are elected, at the regional level, the member or the two members for the governorate.

Are elected, at the national level, the members representing employers, farmers and wage-earners.

Article 122 ( added by organic law 2003-58 of August 4, 2003 )

The elections of the members representing governorates and of the members representing employers, farmers and wage earners shall take place in only one day.

A voter may not vote more than once, even if he holds concurrently two positions entitling him to participate in elections.

Article 123 ( added by organic law 2003-58 of August 4, 2003 )

Envelopes must be opaque, bearing the governorate's seal, having a uniform type and in white paper for the election of the members representing the governorates, and in Manila paper for the election of the members representing employers, farmers and wage-earners.

Article 124 ( added by organic law 2003-58 of August 4, 2003 )

In each polling station, the ballot papers for each list shall be placed on a special table reserved to that effect. The number of ballot papers shall be equal to the number of voters registered at that polling station, increased by 10%.

The state shall be in charge of printing the ballot paper.

In each polling station, two ballot boxes shall be placed: one for the election of the members representing the governorates; and one for the election of the members representing employers, farmers and wage-earners.

Article 125 ( added by organic law 2003-58 of August 4, 2003 )

For the election of the members representing governorates, the voter shall choose one among the candidate lists which he shall put in the envelope reserved to that effect. He shall not replace or remove any of the names included in the list.

For the election of the members representing sectors, the voter shall choose for each sector a list; he shall then choose from each list a number of names equal to the number of seats reserved to the sector in question, by crossing out the names falling out of his choice; he shall finally put nothing but the three chosen ballot papers in the envelope reserved to that effect.

Each ballot paper containing a number of names that is lower or higher than that of the seats reserved for the sector shall be considered as null and void. Each envelope not containing three ballot papers for all sectors shall not be taken into consideration.

 

CHAPTER V

Declarations of candidacy

 

Article 126 ( added by organic law 2003-58 of August 4, 2003 )

The candidacy concerning the governorate shall take place as part of a list, by virtue of a declaration signed by the candidate(s), depending on the case. The declaration shall indicate :

•  The title of the list.

•  Each candidate's full name, father's full name, mother's full name, date and place of birth, address, occupation, and ID card number.

•  A certificate delivered by the Speaker of the Chamber of Deputies to the deputy indicating the capacity allowing him to stand as candidate, or a certificate delivered by the governor to the municipal councilor indicating the capacity allowing him to stand as candidate.

For the parties' candidate lists, the color of the list shall be indicated. Concerning candidate lists not representing parties, the chosen color shall be indicated in the same declaration in accordance with paragraph 4 of article 46 of the present code, in the presence of the person receiving the candidacy declaration.

Article 127 ( added by organic law 2003-58 of August 4, 2003 )

Candidacy declarations concerning governorates shall be submitted on plain unheaded paper and in two copies to the governor or to his representative during the fourth week preceding the day of the ballot.

The provisions of paragraph 2 of article 92 and of articles 93, 94, 95, 97, and 98 of the present code shall apply to candidacy declarations concerning governorates.

 

Article 128 ( added by organic law 2003-58 of August 4, 2003 )

The concerned professional organization shall submit a declaration signed by its representative at the national level, indicating its candidates and mentioning:

•  The name of the list presented

•  Each candidate's full name, father's full name, mother's full name, date and place of birth, address, occupation, and ID card with the number and date and place of issue.

•  An indication of the electoral rolls on which the candidates are registered

•  Certificate of affiliation to the organization in question.

The number of candidates shall not be less than twice the number of seats reserved to the sector in question.

Article 129 ( added by organic law 2003-58 of August 4, 2003 )

Candidacy applications for sectors shall be written on plain unheaded paper, in two copies, and addressed to the Minister of Interior or to his representative, during the fourth week preceding the day of the ballot. A provisional receipt shall be delivered to the declarant. The definitive receipt shall be delivered within the four days following the day of submitting the declaration to the Ministry of the Interior, when the list presented is judged to be in conformity with the provisions of the present code.

A professional organization may not present more than one list, and no one may be candidate on several lists and for several sectors.

Article 130 ( added by organic law 2003-58 of August 4, 2003 )

The provisions of articles 97 and 98 of the present code shall apply provided that the notification referred to in paragraph 2 of article 98 of the present code be made to the Minister of Interior.

A list established in violation of the above-stated provisions shall not be registered.

Article 131 ( added by organic law 2003-58 of August 4, 2003 )

The governor shall post in the seat of the governorate the final lists of candidates representing the governorate and the sectors on the 12 th day preceding the day of the ballot.

CHAPTER VI

Electioneering

 

Article 132 ( added by organic law 2003-58 of August 4, 2003 )

Candidates may print only electoral leaflets and programs, according to the format indicated in article 35 of the present code.

Electoral meetings organized by candidates are limited to voters.

The provisions of articles 33, 34, 36 and 37 of the present code shall not apply to the electioneering for the election of the members of the Chamber of Advisors.

 

CHAPTER VII

Counting of votes

 

Article 133 ( added by organic law 2003-58 of August 4, 2003 )

Once the ballot is over, the polling station members shall proceed to the counting of votes, in accordance with the provisions of articles 50 and 54, the first and last paragraphs of article 55, and article 56 of the present code.

The polling station chief shall transmit to the concerned governor the report related to the election of the one or two members for the governorate, as well as the report for the election of the members for the sectors, in three copies, along with all the justificatory documents.

The governor shall immediately send a copy to the Minister of the Interior and a copy to the President of the Constitutional Council, and shall keep the third copy with the justificatory documents.

Article 134 ( added by organic law 2003-58 of August 4, 2003 )

For the elections of the members representing governorates, the valid votes and the votes obtained by each list shall be totalized separately. The one or two seats to be reserved for the governorate shall be given to the list having obtained the highest number of votes.

For the elections of the members representing sectors, the valid votes and the votes obtained by the candidates of each list and for each sector shall be totalized separately. The seats shall be given to the candidates having obtained the highest number of votes at the national level for each sector. In case of equality of votes obtained in a sector, the seat shall be given to the elder candidate.

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

Article 135 ( added by organic law 2003-58 of August 4, 2003 )

The provisions of article 106 of the present code shall apply to appeals concerning the election of the members of the Chamber of Advisors, subject to the following provisions:

•  Appeals related to elections concerning a governorate shall be received only from the candidates of this governorate.

•  Appeals related to elections concerning a sector shall be received only from the candidates of this sector.

The provisions of article 106a of the present code shall apply to the declaration, by the Constitutional Council, of the definitive election of the candidates of the governorates or of the sectors.

The Constitutional Council shall immediately inform the Speaker of the Chamber of Advisors of all its decisions.

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