Section II

Litigation related to registration on electoral rolls

 

Article 14 ( amended by organic law 2003-58 of August 4, 2003 )

All disputed pertaining to registration in, or removal from, electoral rolls shall be examined by the revision commission.

The revision commission shall include :

•  One judge appointed by the Minister of Justice : President

•  A representative of the governor : member

•  Three voters selected y the Minister of Interior : members .

Article 15 ( amended by organic law 2003-58 of August 4, 2003 )

Any citizen who, despite his registration application, has not been registered or any voter whose name has been removed, may make a claim which, to be valid, must be submitted to the president of the municipality or to the chief of sector, depending on the case, by registered mail with acknowledgement of receipt. The date of depositing the registered letter is considered as being that of the presentation of the claim. The claim is considered as legally presented if it is sent during the posting period stated in article 9 of the present code. No claim may be received after expiration of the above-stated deadline.

Any voter may, during the same above-mentioned period, ask, while submitting supportive justificatory documents, the removal of the name of a voter in the cases mentioned in numbers 1, 2 and 3 of paragraph 1 of article 12 of the present code.

Article 16 - ( repealed by article 3 of organic law 88-144 of December 29, 1988 ).

Article 17 - ( repealed by article 3 of organic law 88-144 of December 29, 1988 ).

Article 18 - ( amended by organic law 88-144 of December 29, 1988 ).

The commission shall rule, free of cost, within the eight days following the expiry of the period in which claims can be filed.

The commission shall automatically order the registration of omitted voters or the removal of voters unduly registered. Every time the commission rules on a removal from the electoral roll, the voter with the contested registration will be immediately notified, free of cost, by the president of the commission and can present his comments in writing, as well as provide all information justifying his registration. He has the right to a hearing with the commission.

The commission's decisions shall be recorded in a report duly signed by its members. These decisions shall be communicated to the administrative authority in charge of establishing the electoral rolls, who will notify the interested parties through registered mail with an acknowledgement of receipt.

Article 19 ( amended by organic law 79-35 of August 15, 1979 ).

The decisions of the revision commission can be the object of an appeal to the jurisdiction's Court of First instance and even an overruling by the Administrative Court .

Article 20

The appeal shall be filed within a five-day period following the day of the revision commission's decision for the administrative authority and the day of notification of the decision for the interested party.

Article 21 ( amended by organic law 2003-58 of August 4, 2003 )

The Court of First Instance shall rule in the five days following the submission of the case. The appeal shall be held in a public hearing. The president of the district or chief of sector shall be immediately notified of the hearing.

The period for lodging an appeal is reduced to 15 days. The period for presenting the memorandum of cassation and of the attached documents is reduced to 30 days; the administrative court shall decide on the appeal submitted to it within a 30-day period starting from the date of presenting the memorandum of cassation.

Article 22

All judicial acts pertaining the electoral matters are exempted from the tax stamp and registered free of charge.

Section III

Voter cards

 

Article 23 ( amended by organic law 88-144 of December 29, 1988 ).

A voter card shall be issued to all those registered on the electoral roll.

The validity period of this card is set by decree.

Expenses incurred in the printing and distribution of voter cards shall be covered by the State budget.

 

Article 24

Voter cards are established by the president of the municipality for districts and by the chief of sector for sectors. These cards shall necessarily include :

•  The voter's full name, date and place of birth, and address;

•  The voter's registration number on the electoral roll;

•  An indication of the locality where the voter can vote.

•  An indication of the polling station where the voter shall go to vote.

Article 25 ( amended by organic law 2003-58 of August 4, 2003 )

Voter cards shall be distributed to the voters by the president of the municipality or the chief of sector. For ordinary general elections, the distribution of cards shall start during the 5 th month preceding the election month, and shall end 15 days before the day of the ballot. For the other elections, the distribution shall start as soon as the decrees inviting voters are issued and shall end, in all cases, two days before the election day.

The voter card shall be handed directly to the voter since the beginning of the distribution and for a 3-month period, for ordinary general elections, and for a 2-week period, for the other elections. The concerned voter shall acknowledge receipt of his card by appending his signature next to his name. After the end of the two above-stated periods, and depending on the case, and till the expiry of the distribution periods, the cards that have not been distributed shall be sent to their holders by registered mail at the addresses indicated on the electoral rolls.

A commission shall be established, with the limited mandate of examining claims submitted by voters who are legally registered on electoral rolls but have not received their voter cards at the expiration of the distribution period.

The governor shall decide by decree on the membership of every commission which includes :

•  Two representatives of the administration to be appointed by the governor.

•  A representative of each legally constituted political party at its own written request. This representative must be a voter registered on the electoral roll of the district where he is appointed.

The district president or the chief of sector shall chair the commission.

Non-distributed voter cards shall be returned to the district or chief of sector. These cards can be picked up by the voter on the day of the ballot at the commission referred to in the second paragraph of the present article at the seat of the municipality for districts or county council for sectors.

At the close of the ballot every commission in charge of card distribution shall check-list unclaimed cards and prepare a special report to be signed by all its members.

These cards and the special report will be deposited at the district seat or county council in a sealed envelope. This envelope can only be opened by the district president or chief of sector during the following electoral roll revision period.

The president of the municipality or the chief of sector shall take into account the indications that have motivated the return of the card to the municipality or seat of sector.

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