CHAPTER V

Electioneering

 

Article 152 ( repealed by article 3 of organic law 88-144 of December 29, 1988 )

( reclassified by article 6 of organic law 2003-58 of August 4, 2003 (formerly 125))

CHAPTER VI

The Ballot

 

Article 153 (amended by organic law 90-48 of May 4, 1990 )

( reclassified by article 6 of organic law 2003-58 of August 4, 2003 (formerly 126))

Members of municipal councils are elected in one round of vote by list on the basis of proportional representation with preference given to the list having obtained the greatest number of votes.

The voting shall not be for candidates from different parties, but for candidates from a single list presented on a single ballot slip to be placed in the envelope.

The vote shall take place by district; the territory of each town comprises one or more electoral districts.

In regard to the total number of councilors per town, a decree shall determine the one or more electoral districts per town and apportion the number of councilors to elect for each district in light of its population and in accordance with the provisions of article 137 of the present code.

Article 154 (amended by organic law 98-93 of November 6, 1998 )

( reclassified by article 6 of organic law 2003-58 of August 4, 2003 (formerly 127))

In case of a single list, this list shall be declared as elected regardless of the number of votes it obtains.

In other cases, seats will be allocated as follows :

Firstly : the list having obtained the largest number of votes shall be given 50% of the seats.

Secondly : following this operation, the remaining seats shall be attributed to all lists according to proportional representation on the basis of the greatest remainder formula. Nevertheless, this apportionment cannot result in allocating more than 80% of the seats to a single list except in the case of fractioning the number of seats arising from the application of the above mentioned proportional scheme. In this case the 80% ceiling shall be exceeded by allocating one seat to the said list if the apportionment operation would so allow in the absence of the ceiling.

Thirdly : regarding the attribution of the remaining seats and in the event of two or more lists obtaining the same remainder, the first seat shall be attributed to the list obtaining the greatest number of votes taking into account the provisions of paragraph 2 (secondly) of the present article. Failing this, the seat shall be attributed to the next list and the following seat shall then be attributed to the list with the highest number of votes in accordance with the classification until all seats have been attributed. In the case of equality of votes obtained, the seats shall be attributed respectively to the list with the eldest candidates not having obtained seats taking into account the classification in each list at candidacy presentation.

Fourthly : if the apportionment has not led to the attribution of all the seats, the remaining seats shall be allocated to the list next to the one having obtained the highest number of votes if the former is a single list. In the case of plurality of runner-up lists, the remaining seats shall be attributed to the said lists, regardless of the list with the highest number of votes and according to the proportion of votes obtained on the basis of the greater remainder formula. In the case of equal remainder, the provisions of paragraph 2 (thirdly) of the present article shall apply.

Lists obtaining less than 3% of the suffrage in an electoral district shall not be considered for the attribution of seats.

In case two or more seats are equal in obtaining the highest number of votes, voters shall be called for a new round of elections to be held within a month of the ballot. Only the lists having participated in the initial elections shall be able to run in the new ones. While waiting for these elections, the administration of municipal services shall, according to the need, be entrusted to acting councilors to be designated by order issued from the Minister of Interior.

If the voting operations are contested, the deadlines indicated in the previous paragraph shall not be taken into consideration until the litigation commission provided for under article 156 of the present code decides to maintain the equality among the lists.

If the commission referred to in the above paragraph rules for the non-equality of the lists, the seats shall be apportioned in accordance with the provisions of paragraphs 2 and 3 of the present article. Except for this case, provisions of paragraphs 2 and 3 of article 159 of the present code shall be invoked according to the case.

Article 154a ( amended by organic law 90-48 of May 4, 1990 )

( reclassified by article 6 of organic law 2003-58 of August 4, 2003 (formerly 127a))

The results without the seat apportionment shall be publicly proclaimed by the president of the single polling station or centralizing bureau and posted at that polling station. The report drafted in two copies and singed by all the members of the polling station shall be addressed to the governor; one copy to be forwarded to the Ministry of Interior and the other to be filed at the governorate.

The governor or his representative shall publicly proclaim the apportionment of seats per list, in light of the report of result proclamation arriving from the various single polling stations or centralizing bureaus throughout the electoral districts of the considered town.

The heads of lists having obtained one or more seats shall present within two working days following the proclamation of results the final classification of all their lists' members to the governor or his representative against a receipt.

If a head of list fails to abide by the provisions of the paragraph above, the classification on the lists at candidacy presentation shall be retained.

The governor or his representative publicly proclaims the final classification of every list having obtained a seat or more and the names of candidates on each list which will form the municipal council. The report shall be drafted in two copies one to be transmitted to the Ministry of Interior and the other to be filed at the governorate.

CHAPTER VII

Litigation of electoral operation

Article 155 ( reclassified by article 6 of organic law 2003-58 of August 4, 2003 (formerly 128))

Each voter legally registered on a district's definitive electoral lists has the right to dispute the validity of electoral operations.

Complaints must either be recorded in the report of electoral operations or be presented to the offices of the municipalities or governorate concerned under whose jurisdiction the town falls, within eight days following the ballot; otherwise they shall be considered as null and void.

Article 156 ( reclassified by article 6 of organic law 2003-58 of August 4, 2003 (formerly 129))

Complaints shall be immediately communicated to a litigation commission for a decision thereon. This commission comprises the following :

•  One judge appointed by the Minister of Justice: President;

•  Two voters appointed by decree from the Minister of Interior at the governor's proposal : Members

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