Article 142 ( reclassified by article 6 of organic law 2003-58 of August 4, 2003 (formerly 115))

Any municipal councilor who, after his election, finds himself in one of the ineligibility cases provided for under articles 140 and 141 of the present law, shall be immediately notified by the governor as having resigned except if the party concerned appeals to the Minister of Interior within ten days of the notification.

 

CHAPTER III

Incompatibilities

 

Article 143 ( reclassified by article 6 of organic law 2003-58 of August 4, 2003 (formerly 116))

No one can at the same time be member of several municipal councils.

Article 144 ( reclassified by article 6 of organic law 2003-58 of August 4, 2003 (formerly 117))

Ascendants, descendants, brothers and sisters to the same degree and spouses cannot simultaneously be members of a municipal council. The mandate shall remain with the eldest among them.

Article 145 ( reclassified by article 6 of organic law 2003-58 of August 4, 2003 (formerly 118))

Any municipal councilor who, for a reason arising after his election, finds himself in one of the ineligibility cases provided for under articles 143 and 144 of the present law, shall be immediately notified by the governor as having resigned except if the party concerned appeals to the Minister of Interior within ten days of the notification.

 

 

CHAPTER IV

Candidacies

 

Article 146 ( amended by organic law 90-48 of May 4, 1990 )

( reclassified by article 6 of organic law 2003-58 of August 4, 2003 (formerly 119))

Each list shall be constituted by a grouping of candidates collectively declaring that they accept to be registered on a same list.

Two or more lists running in the same constituency cannot have the same title or the same political party affiliation.

The declaration drafted on plain unheaded paper must be signed by the candidates in presence of the governor or delegate under whose territorial jurisdiction the town falls. The governor or delegate shall certify that this formality has been duly met.

The declaration must comprise :

•  The title and color given to the list taking into due account the provisions of article 35 of the Press Code and the provisions of the last paragraph of article 46 of the present code.

•  The full name, name of the father, date and place of birth, address and profession of each candidate as well as his national identity card number complete with place and date of issue.

•  The electoral district in which the list is presented.

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

Article 147 ( reclassified by article 6 of organic law 2003-58 of August 4, 2003 (formerly 120))

The presentation of candidate lists must necessarily take place at the seat of the governorate or the delegation under whose territorial jurisdiction the town falls.

Article 148 (amended by article 6 organic law 2003-58 of August 4, 2003 )

( reclassified by article 6 of organic law 2003-58 of August 4, 2003 (formerly 121))

Candidacy lists shall be presented during the fourth week prior to the election day.

Article 149 (amended by organic law 88-144 of December 29, 1988 )

( reclassified by article 6 of organic law 2003-58 of August 4, 2003 (formerly 122))

A special register for recording all the lists received along with the date and time of reception shall be kept at the seat of governorates and delegations. A provisional receipt shall immediately be delivered to every declarant of a legally established and presented list. A definitive receipt shall be delivered by the governor within four days after verification that all candidates on the list meet legal eligibility requirements. The names of those candidates of whom a definitive receipt has been issued shall immediately be communicated to the municipalities concerned.

In case of litigation over the registration of a list, each candidate on the concerned list can complain to the commission referred to in article 156 of the present code within two working days from the expiry of the deadline for the delivery of the final receipt.

This commission shall rule on the matter within forty-eight hours after the presentation of the request.

Article 150 ( amended by organic law 81-71 of August 9, 1981 )

( reclassified by article 6 of organic law 2003-58 of August 4, 2003 (formerly 123))

A list on which the number of candidates does not equal the number of seats to be allocated to the constituency concerned shall automatically be considered as null and void, as determined by the decree provided for under article 153 of the present code.

A candidate already registered on one list cannot be registered on another.

Article 151 ( reclassified by article 6 of organic law 2003-58 of August 4, 2003 (formerly 124))

Lists presented and registered in accordance with the provisions of article 149 of the present code shall receive a number from the governor and be posted on the doors of the concerned governorate and municipality for at least the five days preceding the ballot. Registered lists must also be posted on the door of the polling station on election day.

Each posted list must exclusively contain is title, ticket number and the full names of the candidates.

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