CHAPTER VIII

Replacement of members of the Chamber of Advisors

 

Article 136 ( added by organic law 2003-58 of August 4, 2003 )

Complementary elections shall be organized at the level of the governorate when the Constitutional Council declares that the cancellation of the votes produces a direct effect on the results of the elections of the one or two members representing the governorate. These elections shall be organized within a time-limit not exceeding one month from the date of the Council's declaration, provided that the ballot concerns only the lists having participated in the elections.

Complementary elections shall be organized at the level of the governorate when the Constitutional Council declares that the cancellation of the votes produces a direct effect on the results of the elections of the candidate members of a given sector. These elections shall be organized within a time-limit not exceeding one month from the date of the Council's declaration, provided that the ballot concerns only the lists having participated in the elections.

If the cancellation produces no effect on the results of the elections related to a sector, the Constitutional Council shall confirm the results of the election of the members representing the sector, after re-counting and re-totalizing the votes concerning this sector.

In case of vacancy in the seats reserved to the members representing the governorates or to the members representing the sectors, complementary elections shall be held within a maximum period of 3 months from the date of the vacancy, by list-balloting, provided that the sectors' lists contain at least twice the number of seats to be filled.

The mandate of the elected members shall end at the expiration of the mandate of the replaced members.

No complementary election shall take place during the twelve months preceding the expiration of the mandate of the out-going member.

 

TITLE V

SPECIAL PROVISIONS FOR THE

ELECTION OF THE MEMBERS OF MUNICIPAL COUNCILS

 

CHAPTER ONE

Composition of Municipal Councils

and Councilors' mandate length

 

Article 137 ( amended by organic law 75-25 of March 31, 1975 )

( reclassified by article 6 of organic law 2003-58 of August 4, 2003 (formerly 110))

The number of municipal councilors shall be determined on the basis of town population in accordance with the following table :

Population Number of Councilors

Up to 5,000 10

5,001 to 10,000 12

10,001 to 25,000 16

25,001 to 50,000 22

50,001 to 100,000 30

100,001 to 500,000 40

more than 500,000 60

The number of municipal deputies shall be determined on the basis of the number of municipal councilors according to the following table :

Number of Councilors Number of Deputies

10 councilors 3

12 councilors 4

16 councilors 5

22 councilors 7

30 councilors 10

40 councilors 15

60 councilors 20

Article 138 ( amended by organic law 80-20 of April 30, 1980 )

( reclassified by article 6 of organic law 2003-58 of August 4, 2003 (formerly 111))

Subject to the application of the provisions of articles 160 and 161 of the present code, municipal councilors are elected for a five-year term. They are re-eligible.

Municipal elections shall be held during the month of May of the fifth year of the incumbent mandate for the integral renewal of the councils.

The powers of all municipal councils shall expire on the second Monday following the elections.

In every town, the council elect shall convene at the request of the incumbent president on the day after the expiry of the incumbent council's term of office.

If it proves to be impossible to normally hold municipal elections within the time prescribed due to exceptional circumstances in all or parts of the Republic's territory, the non-renewed council or councils shall remain in office until it becomes possible to organize new elections.

In the latter case, once the impediments causing the postponement of the elections have been removed, the council or councils shall be elected for the remainder of the normal term in progress as determined by the provisions of paragraph one of the present article. The powers of councils whose term has been extended, will expire within the deadline set in paragraph 3 and the newly elected councils shall take office in accordance with the provisions of paragraph 4 of this article.

 

ARTICLE II

Eligibility and Ineligibility Requirements

 

Article 139 ( amended by organic law 88-144 of December 29, 1988 )

( reclassified by article 6 of organic law 2003-58 of August 4, 2003 (formerly 112))

Are eligible to municipal council all town voters aged at least 23 on the day of candidacy presentation, subject to the provisions provided for in the following articles.

Article 140 ( amended by organic law 88-144 of December 29, 1988 )

( reclassified by article 6 of organic law 2003-58 of August 4, 2003 (formerly 113))

The following can stand as candidates for municipal councils, provided they resign their previous functions and responsibilities :

•  Governors

•  Magistrates

•  First delegates, governorate secretaries-general, delegates and chiefs of sector.

Article 141 (reclassified by article 6 of organic law 2003-58 of August 4, 2003 (formerly 114))

The following shall not be eligible in the jurisdiction where they exercise their functions :

•  Accountants in charge of town monies ;

•  Engineers and public works agents of municipal maintenance services.

•  Salaried town employees with the exclusion of those who having a civil service charge of independent function, receive no compensation from the town council other than for such services as are delivered for the council's benefit in the exercise of their profession ;

•  Employees, civil servants and agents of the governorate and the delegation.

 

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