Article 157 ( reclassified by article 6 of organic law 2003-58 of August 4, 2003 (formerly 130))

The authority concerned brings the matter of the registered complaint to the knowledge of the councilors whose election is being contested, using administrative channels. The councilors shall be requested to submit their observations on the matter to the litigation commission within a period of five days.

The litigation commission shall rule within fifteen days of the case's submission. The councilor whose election is contested and the administrative authority shall mandatorily be summoned to appear before the commission.

Article 158 ( reclassified by article 6 of organic law 2003-58 of August 4, 2003 (formerly 131))

The litigation commission decisions are final and offer no possibility of appeal. These decisions are exempt from the tax stamp and registration fees.

 

Article 159 ( amended by organic law 90-48 of May 4, 1990 )

( reclassified by article 6 of organic law 2003-58 of August 4, 2003 (formerly 132))

Municipal councilors remain in office until the complaints have been definitively ruled on.

In case the nullification of half of the suffrage or more is pronounced, the electorate shall be called to vote again in new elections within a two-month period from the date of nullification. The new ballot, however, shall only include lists having participated in the previous elections. While waiting for these elections, the administration of municipal services shall, according to the need, be entrusted to acting councilors to be designated by an order issued from the Minister of Interior.

If less than half of the votes are cancelled and if this cancellation has a direct effect on the election results, a new ballot shall be held only in the polling stations where the results were cancelled within a period not exceeding three weeks from the cancellation date. In this case the ballot shall only include the lists having participated in the cancelled elections and there shall be no electoral campaign. The unfolding, counting of the votes and new distribution of seats shall be done in light of the new results and in accordance with the provisions of the present code.

Municipal Councilors remain in office until the proclamation of election results.

CHAPTER VIII

Replacement of Municipal Councilors

 

Article 160 ( amended by organic law 90-48 of May 4, 1990 )

( reclassified by article 6 of organic law 2003-58 of August 4, 2003 (formerly 133))

In the case of vacancy at the municipal council, the candidate immediately following the elected councilor causing the vacancy on his list shall be called to replace him.

When the provisions of the previous paragraph cannot be applied, complementary elections shall be held if the municipal council loses a third of its members, within a two-month period from the last vacancy.

However, during the year preceding the general renewal of municipal councils, complementary elections shall only be held if the municipal council loses more than half of its members.

Article 161 ( amended by organic law 88-144 of December 29, 1988 )

( reclassified by article 6 of organic law 2003-58 of August 4, 2003 (formerly 134))

In the case of the nomination of a special delegation in accordance with the organic law on city administration, the election or re-election of the municipal council shall be held within a year from the designation of the special commission regardless of any other provision.

These elections cannot take place if there remains less than twelve months to the integral renewal of municipal councils.


TITLE V

REFERENDUM SPECIAL PROVISIONS

 

CHAPTER I

Referendum Organization

 

Article 162 ( amended by organic law 2003-58 of August 4, 2003 )

( reclassified by article 8 of organic law 2003-58 of August 4, 2003 (formerly 135))

Voters can be called to a referendum in application of the provisions of articles 2, 47 and 76 of the constitution. A voter invitation decree shall set the date of the referendum and hold the text or object of the referendum in appendix.

This decree and its appendix shall be published in the Official Gazette of the Republic of Tunisia (JORT) forty-five days before the date of the referendum.

The referendum campaign shall be opened two weeks before the day of the ballot and closed 24 hours before the day of the ballot.

Article 162a ( amended by organic law 2003-58 of August 4, 2003 )

( reclassified by article 6 of organic law 2003-58 of August 4, 2003 (formerly 135a))

Tunisians abroad who meet the conditions provided for in article 7 of the present code can participate in the referendum in the polling stations established to that effect, at the same dates and under the same conditions set forth in article 68 of the present code.

Article 162-II (added by organic law 2003-58 of August 4, 2003 )

Shall be put at the disposal of each voter in all polling stations an opaque envelope in Manila paper, in uniform type and bearing the governorate's seal, as well as two ballot papers in uniform type and in white color, the first paper containing the word "yes" printed in black in the middle; the second containing the world "no" in white color in the middle of a black background.

Article 162 - III ( added by organic law 2003-58 of August 4, 2003 )

The vote is performed by choosing the answer "yes" or "no" and putting the corresponding ballot paper in the envelope reserved to that effect.

Article 162 - IV ( added by organic law 2003-58 of August 4, 2003 )

Each political party represented in the Chamber of Deputies by at least one representative has the right to participate in the referendum campaign, by filing a request to the Minister of Interior by registered mail with acknowledgement of receipt, 30 days at least before the day of the ballot.

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