Article 56 (amended by organic law 2003-58 of August 4, 2003 )

Subject to the provisions of paragraph 2 of article 102 of the present code, each candidate or his duly designated representative has the right to supervise vote counting and unfolding operations on the premises where these operations occur and to require the recording of any his observations, protests or objections to the said operations, either before or after the proclamation of ballot results.

The delegate of the candidate must be a voter registered on any electoral roll.

Article 56a ( added by organic law 88-144 of December 29, 1988 )

All expenses arising from the ballot shall be covered by the State budget.

 

CHAPTER V

Penal provisions

 

Article 57

Persons registered on an electoral roll under a false name or quality or having used fraudulent declarations or false certificates to conceal a legal incapacity or having requested and obtained a registration on two or more electoral rolls shall be liable to a one-to-six-month imprisonment sentence and a fine of 240 dinars.

The offender could also be deprived of the exercise of his civic rights for a period of two years.

Article 58

All fraud in the issuance or delivery of a certificate of registration in or removal from electoral rolls shall be liable to legal pursuit as provided for under article 57 of the present law.

Article 59

All infractions to articles 31, 32 and the last paragraph of article 33 of the present law shall be liable to a fine of 12 to 120 dinars without prejudice to the confiscation of ballot slips and other distributed documents.

Article 60

Any voting cast through a manipulated registration of the kind outlined in article 37 of the present law or by falsely assuming the identity or quality of a registered voter shall be liable to such penalties as provided for under article 57 of the present law.

Article 61

Public and civil action instructed in accordance with articles 57 to 60 of the present law shall be prescribed after three months following the proclamation of election results.

Article 62

Article 53 of the Penal Code is applicable to the sentences prescribed by articles 57 to 60 of the present law.

Article 62a ( added by organic law 88-144 of December 29, 1988 )

Candidates are forbidden from accepting any foreign financial assistance, direct or indirect, regardless of its quality or nature.

Any infraction to the provisions of the paragraph above shall entail the following :

•  A one-to-three-year imprisonment sentence and a three-to-ten-thousand-dinar fine, or only one of these two sentences.

•  The automatic loss of candidate or elected official status as soon the judgment is rendered, depending on its timing before or after the election results proclamation.

The right to instruct a case on the basis of this article shall lapse five years after the proclamation of the election results.

Article 62-III (added by organic law 2003-58 of August 4, 2003 )

During the electoral period, no person may use a private or foreign radio station or TV channel, or one broadcasting from abroad, in order to incite people to vote or to abstain from voting for a candidate or a candidate list. Also forbidden is the use of these stations and channels from purposes of electoral campaign during the electoral period.

Any violation of the prohibition provided for in paragraph 1 of the present article is punishable by a fine of 25,000 dinars. This penalty can in no way be mitigated.

 

Chapter VI

Fields of application of Title I

 

Article 62-IV (added by organic law 2003-58 of August 4, 2003 )

Subject to the provisions pertaining to the Chamber of Advisors and to referendum, the provisions of Title 1 shall be applied to all elections organized by virtue of the present code.

 

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