CHAPTER III

Electioneering

 

Article 26 ( amended by organic law 88-144 of December 29, 1988 ) Public electoral meetings are free. However, a written declaration shall be submitted to the governor or the delegate at least twenty-four hours prior to the meeting.

Article 27 ( amended by organic law 88-144 of December 29, 1988 ).

Each meeting shall include a bureau comprised of at least three persons in charge of maintaining order, preventing all infringements of the legislation, ensuring that the character of the meeting remains in line with the declaration and free from any discourse contrary to public order and accepted standards of good behavior or inciting criminal or felonious acts.

The full names and addresses of the bureau members shall be detailed in the declaration referred to in article 26 of the present code.

Article 28

A representative of the authority can attend the meeting. However, he can dissolve the meeting if so required to by the bureau or in the case of physical assault.

Article 29 ( amended by organic law 79-35 of August 5, 1979 ).

The provisions of the Press Code as promulgated by law 75-32 of April 28, 1975 are applicable to electoral campaigns.

Article 30

Voting ballots are exempted from the formality of copyright registration.

Article 31

On election day, it is forbidden to distribute ballot papers, pamphlets or any other document.

 

Article 32

It is forbidden for public officials to distribute ballots and candidate pamphlets as well as give professions of faith.

Article 33 ( amended by organic law 88-144 of December 29, 1988 )

During the election campaign, special areas for the posting of electoral posters shall be reserved by the public authority. Within each of these areas, an equal surface shall be assigned to each candidate in a presidential election or to each list of candidates in other elections.

All other posting pertaining to the election outside these specialized areas and in areas reserved for other candidates is forbidden.

The relevant administrative authority can order the removal of all posting contravening the previous provisions.

Article 34 ( amended by organic law 2003-58 of August 4, 2003 )

The posting areas shall be assigned according to the order of arrival of requests which must be submitted during :

•  The five days following the day of the Constitutional Council's proclamation of the final lists of candidates to the presidency of the republic.

•  The two days following the day of posting, by the Governor, of the final lists for the election of the members of the Chamber of Deputies.

•  The first four days of the second week preceding the election day for the election of municipal councils.

Article 35 ( amended by organic law 2003-58 of August 4, 2003 )

The posters, ballot papers, electoral leaflets and general electoral programs must have the following formats :

•  The format 84.1 cm X 59.4 cm for posters intended to be placed in the posting areas set by article 33.

•  The format 42 cm X 29.7 cm for the announcement of the holding of electoral meetings.

•  The format 42 cm X 29.7 cm for electoral leaflets and programs.

•  The format 10.8 cm X 14.8 cm for ballot papers including one or two candidates.

•  The format 14.8 cm X 21 cm for ballot papers including 3 to 30 candidates.

•  The format 21 cm X 29.7 for ballot papers including more than 30 candidates.

Article 36

Electoral posters shall be printed on the same paper color as ballots. They are exempt from the tax stamp.

 

Article 37 ( amended by organic law 2003-58 of August 4, 2003 )

Candidates for presidential elections or for the Chamber of Deputies are authorized to use the Tunisian radio and television for their electoral campaigns.

Requests for airing radio and TV programs shall be addressed, by registered mail with acknowledgment of receipt, to the authority supervising public radio and TV establishments, within the time-limit stated in the first dash of article 34 of the present code for the first round of presidential elections, and within the time limit stated in the second dash of article 34 of the present code for the election of the members of the Chamber of Deputies.

In the event of holding a second round for the presidential elections, no request is required.

The date and time of programs are set by drawing lots by the authority supervising public radio and TV establishments. These programs shall have an equal duration for presidential candidates and a variable duration, according to the number of candidate lists, for the election of the members of the Chamber of Deputies.

The draw shall take place in the presence of candidates or their representatives for presidential elections, and in the presence of candidates or representatives of the lists of candidates for the election of the members of the Chamber of Deputies, within a period not exceeding 15 days before the day of the ballot.

In all cases, candidates or their representatives shall be duly invited to attend the operation of drawing lots.

Article 37a ( amended by organic law 2003-58 of August 4, 2003 )

The campaign for electing the President of the Republic as well as that for electing members of the Chamber of Deputies shall be open two weeks before the day of the ballot.

The campaign for electing the members of the Chamber of Advisors or of the members of municipal councils shall be open one week before the day of the ballot.

In the event of holding a second round of presidential elections, the electoral campaign for the second round shall be opened on the Sunday that follows the first round election day.

The electoral campaign shall, in all cases, end twenty-four hours before the day of the ballot.

 

CHAPTER IV

The vote

 

Section I

Polling stations

 

Article 38 ( amended by organic law 2003-58 of August 4, 2003 )

The governor shall designate the location of the polling station(s) in every district or sector. These locations shall be brought to the knowledge of voters at least seven days before the day of the ballot through posters to be posted at the seat of the governorate, delegations and sectors.

The number of voters in one polling station shall not be less than 450 for districts where the number of voters is equal to or more than 7000.

Polling stations cannot be located on premises belonging to political parties or to a national organization.

The governor shall designate the president of every polling station as well as two voters in charge of assisting him. The members of the polling station cannot be selected from among the candidates.

Article 39 ( amended by organic law 2003-58 of August 4, 2003 )

At least two members of the polling station shall be present at all times throughout the duration of the ballot.

Each candidate to the presidential election or list of candidates for legislative or municipal elections has the right to the permanent presence in every polling station of an authorized delegate to control the electoral operations.

The names of the accredited delegates and their deputies must be communicated in writing at least three days prior to the day of the ballot to the governors who will issue a receipt for the declaration.

The accredited delegates and their deputies must be themselves voters registered on any electoral roll.

The accredited delegates or their deputies may record their observations on the course of elections in a memorandum that must imperatively be attached to the ballot report provided for by article 55 of the present code. The report must also mention the accredited delegates' or their deputies' time of presence in, and departure from, the polling station.

Article 40 ( amended by organic law 2003-58 of August 4, 2003 )

Each polling station shall hold a list of the voters registered in its district.

Members of polling stations are not allowed to bear badges indicating their political affiliation. This prohibition applies to the accredited delegates of candidates and to their deputies. The president of the polling station shall ensure the respect of this prohibition.

Each polling station shall rule on all questions that might arise during the ballot and have them consigned in its final report.

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