TITLE II

SPECIAL PROVISIONS FOR THE ELECTION

OF THE PRESIDENT OF THE REPUBLIC

 

CHAPTER ONE

Eligibility Conditions

 

Article 63 (amended by organic law 2003-58 of August 4, 2003 )

The President of the Republic is elected for five years. He is re-eligible for two successive mandates.

He can renew his candidacy.

Presidential elections shall take place during the last thirty days of the incumbent presidency.

Article 64 (amended by organic law 2003-58 of August 4, 2003 )

A candidate to the Presidency of the Republic shall meet the following conditions :

•  hold the status of voter;

•  be of Muslim faith;

•  be of Tunisian nationality by birth without discontinuity and be exclusively of this nationality;

•  be of parents and grand-fathers both paternal and maternal who are Tunisian and have remained as such without discontinuity.

•  be at least 40 and at most 75 years old on the day he stands as a candidate.

Article 65 ( repealed by article 3 of organic law 88-144 of December 29, 1988 )

 

CHAPTER II

Candidacy

 

Article 66 (amended by organic law 2003-58 of August 4, 2003 )

Candidacy applications shall be submitted to the Constitutional Council during the second month preceding the day of the ballot.

In order to be accepted, candidacy applications must be presented individually or collectively by at least thirty citizens from among the members of the Chamber of Deputies or the presidents of municipal councils. These selected officials shall submit to the Constitutional Council a declaration of candidate presentation. This declaration must be on plain unheaded paper bearing the legalized signatures of the elected officials presenting it.

Each of these elected officials can sign no more than one declaration of candidate presentation.

Each candidate must make a five thousand dinar security deposit to the treasurer general. This deposit shall only be refunded if the candidate obtains a minimum of 3% of the vote. The candidate must submit and sign a request on fiscal paper, comprising notably the following information :

•  The full name, date and place of birth, address and profession of the candidate;

•  The full name, date and place of birth, address and profession of the candidate's parents and both grandfathers;

•  The list of elected officials mentioned above.

In support of his declaration, the candidate must notably submit an extract from his act of birth dating less than one year, as well as official justificatory documents proving that he and his parents and both grand-fathers have all maintained their Tunisian citizenship without discontinuity.

All documents related to nationality are delivered by the Ministry of Justice.

Article 67 (amended by organic law 2003-58 of August 4, 2003 )

Candidacy applications shall be recorded on a special register initialed by the President of the Constitutional Council.

After checking the legality of candidacies, the Constitutional Council shall make a definitive declaration of the list of candidates three days following the expiration of the deadline for submitting candidacies.

Article 67a ( amended by organic law 2003-58 of August 4, 2003 )

Any person whose candidacy is submitted by virtue of article 66 of the present code may submit to the secretariat of the Constitutional Council a request for the purpose of examining objections pertaining to the list of presidential candidates, on the day following the proclamation of this list.

These provisions shall apply to candidates by virtue of constitutional law 2003-34 of May 13, 2003 , providing for exceptional provisions to paragraph 3 of article 40 of the constitution.

The Constitutional Council shall rule on the requests submitted, on the third day following the day of the proclamation mentioned in paragraph 1 of the present article, and shall declare, within the stated deadline, the final list of candidates which shall be published in the Official Gazette of the Republic of Tunisia , at least 20 days before the day of the ballot.

Article 67-II

Withdrawing candidacies for presidential elections after the expiration of the deadline for submitting candidacies is inadmissible.

CHAPTER III

Voting modalities and proclamation of results

 

Article 68 (amended by organic law 2003-58 of August 4, 2003 )

Tunisians residing abroad can, once the provisions of article 7 of the present code are met, exercise their right of vote to elect the President of the Republic in the special voting centers provided to this effect.

Notwithstanding the provisions setting the election day under article 43 of the present code, voting by Tunisians residing abroad shall commence on the second Saturday preceding the day of the ballot set for elections within the Republic. In case a second round of presidential elections is organized, voting shall commence on the Wednesday preceding the day of the ballot set for elections within the Republic.

Voting abroad shall cease on the Saturday preceding election day at home.

Vote counting shall begin as soon as the ballot is over.

A decree shall establish the electoral district with which these centers are affiliated as well as how these shall operate.

Article 69 (amended by organic law 2003-58 of August 4, 2003 )

The general vote tally shall be carried out publicly at the Ministry of the Interior no later than 12 o'clock of the day following the day of the ballot. The result shall be communicated right after to the President of the Constitutional Council.

Article 70 (amended by organic law 2003-58 of August 4, 2003 )

The President of the Republic is elected by the absolute majority of the valid votes.

In case this majority is not obtained in the first round of elections, a second round shall be organized on the second Sunday following the day of the ballot.

Subject to the provisions of article 70a, only the first two candidates having obtained the highest number of valid votes in the first round may participate in the second round.

Article 70a (added by organic law 2003-58 of August 4, 2003 )

Each candidate whose candidacy is declared valid can, within a time-limit of 48 hours after closing the polling stations, contest, with the secretariat of the Constitutional Council, the legality of the election operations of the first round and their results.

Article 70-II (amended by organic law 2003-58 of August 4, 2003 )

If, during the legal time-limit, no objection is made, the Constitutional Council shall declare, during the day following the expiration of the deadline
for appeal, the election of the candidate having obtained the absolute majority of the valid votes in the first round.

In case this majority is not obtained, the Constitutional Council shall announce, within the same time-limit provided for in paragraph 1 of the present article, the two candidates having obtained the highest number of the valid votes.

In case of appeal, the Constitutional Council shall rule on it and shall declare the results with a two-day period after the expiration of the deadline for appeal, depending on the case and according to the modalities provided for in paragraphs 1 and 2 of the present article.

The list shall be immediately published in the Official Gazette of the Republic of Tunisia (JORT).

Withdrawals are inadmissible, unless they are presented to the Secretariat of the Constitutional Council, one day following the proclamation, by the Council, of the results of the first round.

The Constitutional Council shall designate and, if need be, declare immediately the two candidates eligible for the second round. The list shall be published, without delay, in the Official Gazette of the Republic of Tunisia (JORT).

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