Section II 

The vote

 

Article 42 ( amended by organic law 2003-58 of August 4, 2003 )

Voters are summoned by decree. For ordinary general elections, the decree must be issued at least 3 months before the day of the ballot.

Article 43

The ballot shall last only one day; it shall take place on a Sunday. A poster on the door of every polling station will indicate the hours set for the ballot.

Article 44

The legally registered voter shall, upon presentation of his voter card, be admitted into the polling station to vote.

Article 45

Voting shall be carried out in envelopes provided by the administration. The number of envelopes provided shall be equal to the number of registered voters.

These envelopes shall be opaque, stamped with the governorate's seal and uniform in type. They must be of white paper for the presidential election and of Manila paper for legislative and municipal elections. On the day of the ballot, these envelopes shall be at the disposal of voters in the polling station.

Article 45a ( amended by organic law 2003-58 of August 4, 2003 )

An allowance to finance the electoral campaign shall be granted to every candidate in a presidential election and every list of candidates in a legislative election. The amount of the allowance shall be determined on the basis of every one thousand voters at national level for presidential elections, and at the level of the district for legislative elections.

These allowances shall be granted under the following conditions :

1 - Each candidate to the presidential election shall be granted half of his allowance as soon as the Constitutional Council declares the validity of his candidacy. The second half of the allowance shall be released if the candidate obtains at least 3% of the valid votes at national level.

2 - E ach list of candidates to legislative elections shall be granted half of the allowance as soon as it obtains the definitive receipt referred to in article 92 of the present Code. The second half of the allowance shall be released to every list attaining at least 3% of the valid votes in the concerned constituency.

For the other elections provided for under this Code, each list of candidates having obtained at least 3% of suffrage at the level of its constituency can claim the reimbursement of expenses incurred in printing a number of ballot slips equal to the number of voters registered in the district marked up by 10%, and the expenses incurred in printing a number of election posters determined on the basis of one poster per 500 voters within each electoral district.

The formats of election posters and ballot slips, the cost of which shall be refunded, are those determined in paragraphs 1, 5 and 6 of article 35 of the present code.

The decree referred to in article 42 of the present code shall determine for each case, the amount per one thousand voters, or the lump cost for each election poster and ballot slip that shall serve as a base in calculating the expenses to be reimbursed.

Article 46 ( amended by organic law 2003-58 of August 4, 2003 )

In each polling station, ballots for each candidate to a presidential election or for each list of candidates in other elections shall be placed on a special table reserved to that effect. The number of ballots for each candidate or list of candidates shall be equal to the number of voters registered at that polling station marked up by 10%.

The State shall be in charge of printing the ballots for presidential and legislative elections. These ballots shall have different colors.

Political parties should at the time of their formation choose the color of their candidates' ballot slips, which shall serve in all elections to be organized in accordance with the provisions of the present code.

Each presidential candidate who is not affiliated to any political party shall choose from among the colors to be presented to him by the President of the Constitutional Council. This choice shall occur in the order of presentation of candidacies. An acknowledgement of receipt shall be delivered.

Candidate lists to legislative elections not affiliated to political parties shall choose from among the colors presented to them by the governor or his representative when submitting candidacies. The choice shall occur in the order of presentation of candidacies. An acknowledgement of receipt shall be delivered.

In all cases, the provisions of paragraph 2 of the present article shall be taken into consideration. Paper of white color may not be chosen, as it is strictly reserved to printing texts issued by the public authorities.

Article 46a ( amended by organic law 2003-58 of August 4, 2003 )

For all elections other than presidential and legislative, organized in conformity with the provisions of the present code, each list of candidates from an electoral district shall be in charge of printing its ballot slips and shall submit them at the seat of the governorate 72 hours prior to the election day. The number of ballots shall equal the number of voters registered in the electoral district marked up by 10%. An acknowledgement receipt shall be delivered to this effect.

The ballot papers selected by the candidate lists shall, subject to the provisions of paragraphs 2 and 6 of article 46 of the present code, be of different colors.

Each list of candidates shall submit to the seat of the governorate a sample of the ballot slips it has selected, against a receipt, before the start of the election campaign.

Article 47 ( amended by organic law 88-144 of December 29, 1988 ).

There shall be a ballot box in every polling station. However, when two or more elections are held simultaneously, one ballot box shall be reserved for each election in every polling station.

Each ballot box shall have no more than one opening for the insertion of the envelope containing the ballot slip.

When the voting begins, the polling station chief shall verify in the presence of all members of the station as well as the candidates' representatives attending, that the number of ballot papers in the station is the same for all candidates. Then after opening the ballot box and ensuring in the presence of voters that it is totally empty, the polling station chief shall use two locks or padlocks to close the box, keep one of the keys in his hands and put the other key in the hands of his eldest assessor.

Article 48 ( amended by organic law 2003-58 of August 4, 2003 )

Upon entering the voting station, the voter shall produce his voter card or any written proof of his identity, which he can establish even through the testimony of two voters who are not candidates. Then, the voter shall himself pick up, from a special table provided to this effect, one envelope, or if both presidential and legislative elections are being held simultaneously, two envelopes, one of white paper and the other of Manila paper as provided for in article 45 of the present code, and a ballot paper of each candidate list and, without leaving the polling station, he shall enter the polling booth so as to put the ballot of his choice in the envelope reserved to this end.

The voter shall then return to the voting office where the polling station chief verifies that he holds only one or two, depending on the case, envelopes of different colors, which he himself shall place in the corresponding ballot box.

After voting, the voter shall append his signature on the list of voters next to his name. Voters who cannot read and write and those with a disability preventing them from signing shall append their finger-prints on the list of voters next to their names. In case of incapacity, the chief or a member of the polling station shall make mention of that. The polling station chief or one of its members shall affix a stamp bearing the date of the vote in one of the squares of the voter card.

Each voter entering the polling station prior to the time scheduled for the closing of the ballot shall be able to vote.

Article 49 ( amended by organic law 2003-58 of August 4, 2003 )

Voters who cannot read or write and voters with a disability preventing them from individually carrying out the voting operations referred to in the previous article are authorized to seek the assistance of a non-candidate voter of their choice to assist them in accomplishing the above-mentioned operations.

Voting by proxy is forbidden .

 

Section III

Counting of votes

 

Article 50 ( amended by organic law 2003-58 of August 4, 2003 )

Once the ballot is over, the station members proceed immediately to the counting of votes.

The operations of counting votes, like those of the vote, shall be public.

The ballot box shall be opened in the presence of the accredited delegates or their deputies referred to in article 39 of the present code. In case of total or partial absence of delegates, a mention of this shall be made in the ballot report stated in article 55 of the present code.

If after verifying the number of envelopes contained in the ballot box, it turns out that this number is more or less than that of annotations, a mention of this shall be made in the ballot report.

Article 51 ( amended by organic law 90-48 of May 4, 1990 )

The members of the polling station shall assume the function of scrutineers. They are, if need be, joined by other additional scrutineers selected by the station chief from among the voters present, in order to form as many vote counting tables as needed.

At each vote counting table one scrutineer removes the folded ballot slip from its envelope, which he passes on to another scrutineer who reads it out loud. At least two other scrutineers simultaneously record the votes obtained by the various candidates or lists of candidates on special vote counting forms prepared to this effect.

Once the vote count is completed, the scrutineers record the number of votes obtained by each candidates or list of candidates on the vote counting forms. These forms are signed by the scrutineers and submitted to the polling station along with the envelopes and the ballots.

When there is no unanimous agreement on the attribution of a vote to one particular candidate or list of candidates, the scrutineers must refrain from counting that vote; the envelope and the ballot are duly signed, numbered and submitted at the end of the vote count to the polling station that will rule on the vote's validity.

Article 52

If the scrutineers find several ballots in one envelope indicating the same name, only one of these ballots shall be taken into account.

Article 53 ( amended by organic law 93-118 of December 27, 1993 )

The following shall be considered as invalid ballot papers :

•  All ballot papers containing the name of a non-candidate;

•  All ballot papers other than those put at the disposal of voters by the polling station;

•  All ballot papers found in the ballot box with no envelope;

•  All ballot papers found in the ballot box within an envelope unrelated to the present ballot;

•  All ballot papers displaying a sign or any other device whereby the voter could be recognized;

•  All ballot papers in which a candidate's name has been replaced or crossed out.

Article 54 ( amended by organic law 90-48 of May 4, 1990 )

The polling station shall determine the result of the ballot by tallying the totals on the vote counting forms from the various groups of scrutineers and assigning to each candidate or list of candidates the votes proven to be gained after ruling on the dubious ballots.

Article 55 ( amended by organic law 88-144 of December 29, 1988 ).

In addition to specifying the results of the vote count according to the votes obtained by each candidate, the ballot report, drafted in three copies, shall also establish the definitive number of votes and that of voters registered at the station's electoral roll. The report shall also mention the number of unmarked and invalid ballots which shall not be taken into account in the vote count results. These ballots shall be attached to the report along with the other valid ballots. All these documents shall be transmitted, without delay, to the vote gathering bureau if available or else to the vote centralizing bureau.

The governor can, prior to election day, designate by decree one or more vote gathering bureaus outside the polling station within a same electoral district. The governor shall also determine the polling stations within the boundaries of each gathering bureau.

The governor shall, prior to election day, designate one vote centralizing bureau per electoral district to be located outside of the vote gathering bureau.

Vote gathering bureaus are in charge of tallying the vote results received from the various polling stations attached to them. Vote gathering bureaus shall also draft a report in three copies to be signed by all members of the bureaus.

The vote centralizing bureau is in charge of tallying the vote results received from all the vote gathering bureaus if available or else all the polling stations within the electoral district boundaries. The vote centralizing bureau shall rank the candidates or lists of candidates and draft a report in three copies to be signed by all its members.

The composition of vote gathering and centralizing bureaus shall be established in accordance with the provisions of paragraph 3 article 38 of he present code.

All documentary evidence shall be gathered at the behest of the chiefs of polling stations or of the vote gathering bureau(s), if available, or of the centralizing bureau, and handed over to the governor.

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