General Election Law No. 20/2001
Source: http://www.somalilandelectoralcommission.com/
House of Representatives - Somaliland Republic
Law of the elections of:-
- a) The presidency
- b) District councils
Somaliland Republic's House of Representatives,
Having seen article s 9, 22, 25, 83 and 111 of the state constitution,
Considering the need to surpass the clan-based system and in order to realize the nation's long yearned aspiration to elect state political office-holders under fair and free elections.
Hereby adopt this law
Article 1: definitions
- Elections: Is the exercise that offers candidates running for an elected office to compete in an election; in such instance the candidate that gets the majority of the votes is declared the winner.
- Commission: Is meant to be the highest electoral state body and such concomitant electoral offices under their direct control. The commission members will also serve as judges to election related disputes though the Supreme Court will concur final election results.
- Polling Station: is the place where inhabitants of a given electoral constituency can cast their voles.
- Electoral ward: a focal point for several polling stations where results for two or more candidates under contest can be sorted out.
- Representative: is the person acting as agent far an organization/party in a given polling station or an electoral office to oversee that correct voting procedures are adhered to.
- Candidate: is a formally nominated contender from a known organizational party, to run on their ticket, to an elected office.
- Electorate: persons eligible to vote under the law.
- District council: a body that encompasses elected administrators and councilors in a district.
- Electoral region: is the focal point that unites several electoral districts at the regional level.
- Electoral district: is the focal point that unites multiple polling stations at the district level.
- Seat: is the position for a single person in an elected body
- List/liste: enlisted name of election candidate
- Election campaign: activities undertake by competing political organizational practices to propagate their individual political platform in order to entice supporters.
- Electoral central office: is the headquarters of he electoral commission
- Electoral regional office: is the place where representatives of the electoral commission operate at the regional level.
- Electoral district office: is where representatives of the electoral commission operate at the district level.
- Electoral field office: is where representatives of the electoral commission operate at the polling station level.
- Observers: are representatives of internal or external bodies concerned to oversee that elections are run in a free and fair way.
Article 2: General principles
This Law will regulate the elections: of District Councils, the President and the Vice President
Article 3: Length of Office Tenure
The office tenure for an elected:
- (a) President and Vice President is 5 years
- (b) District Council is 5 years
Article 4: District Councils Classifications
The number of council members to be elected will be: -
- (a) The Capital 25 Members
- (b) District A Council 21 members
- (c) '' B " 17 ''
- (d) '' C '' 13 ''
- (e) '' D '' 09 ''
Article 5: Voting Qualifications
- Being a Somaliland national
- Not to be less than 16 years at that election year
- To act free and under no coercion when casting the vote.
Article 6: Rights of the voter
Any person eligible to vote under the provisions of this law has the right:
- To cast his/her vote in the district of his/her presence if an election is ongoing.
- Voters abroad can cast their voter through the country's nearest diplomatic mission to them. Where such facility is absent or beyond reach, the electoral commission is mandated to improvise the desired alternative.
- Each vote must be personal, free, direct and secret. Such equal vote conditions apply to all.
- Each voter has one vote for each single election.
- Electoral commission members voting rights are abrogated over their office tenures duration.
Article 7: Civil Servants and State Agencies Personnel
- Civil servants, state agencies personnel, members of the armed forces (no matter what rank) are barred to run for district/regional or presidential elections unless they render prior resignation from their service 180 days ahead of the election date. However, in the State's first election such resignations should be submitted 40 days ahead of the election date.
- All resignations must be in written form.
Article 8: Election Dates
The electoral Commission will set election dates in compliance with the constitution. Set election dates will be notified under presidential decree.
Article 9: Polling Stations
- The country will be divided into electoral regions for the election of the president and that of the vice president each electoral region will be sub-divided into polling stations (strictly with in that region's boundary)
- Equally electoral district rights are confined to that districts official boundaries.
- The commission must institute all district/regional polling stations 40 days ahead of the elections date seeking close advice from the Ministry of Interior, regional and district administrative heads.
Article 10: Electoral Commissions Structure
The over all structure of the electoral commission will be:-
- (a) Electoral field office (polling- stations)
- (b) Electoral district office
- (c) Electoral regional office
- (d) Electoral central office
Article 11: The Commission
- The Electoral Commission Comprises of 7 members, namely: -
- (a) A chair-persons and six members
- (b) Commission members will elect, amongst themselves , their own chair-person and vice-chairperson.
- (c) The office tenure of the commission is 5 years, commencing from the date the House of Representatives ratifies their appointment. The commission's appointment can be renewed .
- (d) Civil servants, members of Parliament, Cabinet Members, armed forces members and active political organizational/parties members are barred to become commission members.
- The President will tentatively appoint the electoral commission after he receives: -
- (a) 2 nominations from the chamber of elders (Guurti)
- (b) 2 " from the opposition parties
- (c) The President selects the remaining 3 members after due consultations.
- Each commission member appointment is officially confirmed when it is ratified by an absolute majority vote form the House of Representatives.
- The Electoral Commission will have their central office in Hargeisa, (the capital).
- The Commission's duties are laid down by the constitutions and this haw. Their meetings will, legally, convene when the required majority quorum is available. Equally their decisions can only be adopted with simple majority vote or by consensus.
- The Commission is totally independent, and should be immune to any external influence.
Article 12: Commission Membership Conditions
- He/she must be a Somaliland national
- A members age should not be less then 40 years, and not more than 60 years.
- Such members must be a Muslim practicing the Islamic tenants.
- Such member must have at least, secondary school education
- '' '' should not belong to a political organization or party
Article 13: For Feiture of Commission's Rights
- A member of the Commission is subject to de-commissioning if:-
- (a) Such a member violates one of the conditions that were basis for his/her appointment
- (b) Such a member fails to fulfill his/her assigned duties due to either ill-health or sheer incompetence
- (c) Such member indulges international misconduct, embezzlement or outright corruption.
- When such misconduct, described in (i) above, is sensed to be in commotion, the President will appoint an investigative committee empowered to prepare a conclusive report, on the matter, that will enable the President to reach a decision.
- The president retains the prerogative to reach the decision to de-commission any member of the commission. However, such decision from the president ought to be ratified by a simple majority vote from the House of Representatives.
- When a position in the commission falls vacant due to decommissioning, death or resignation, it will be filled to the satisfaction of the law that governs the Commission membership.
Article 14: Duties of the Commission
The commission have following powers:-
- To set election dates and transmit such dates to the President who will publish then in Presidential Decree.
- To determine and institute polling -station in all districts and regions at election time.
- To appoint, discharge or subject to disciplinary action their employees in their central, Regional, district or field office (polling stations)
- To prepare the budget for running nationwide elections as well as that of the Commission's office.
- To make initial announcements, in respect to, who won the President and Vice-President's elections before the Supreme Court concurs the final result.
- To carryout planned or surprise inspection polling stations and other electoral office that come under their competence.
- To settle all election disputes arising from the offices under their control.
- To register all voters well before the election date.
Article 15: The Commission's Budget
- The Commission is empowered to prepare their budget. Such budget will be forwarded to the President who will pass it to the House of Representatives for final approval when it is streamlined.
- The Commission is free to dispense their budget but are obligated to submit quarterly return of accounts to the accountants general.
Article 16: Field Electoral office (Polling Stations)
- The Field Electoral office will consist of a chairman and two scrutineers. The senior scrutineer, in age, will serve as deputy-chairman it will also have a secretary.
- The chairman, two scrutineers and the secretary will be appointed by the commission. If need arises such officials are inter-changeable.
- The Chairman, if emergency arises, is empowered to replace either the scrutineers or the secretary, on the spot, while elections are under way. In such instance, the chairman will select their substitutes from those at the polling-station with the required legal status for that job.
- The field electoral office is responsible for the implementation of proper elections proceedings at the polling-station level
Article 17: District Electoral office
- At each District headquarters there will be an electoral district office consisting of a chairman and two scrutineers: the senior (in age) of the two scrutineers will serve as Vice-chairman.
- The electoral district office will also have one secretary and tow tally officers.
- All above electoral district office staff will be appointed by the Commission which equally retains the right to replace or transfer them.
- The District Electoral Office is responsible for the proper election proceedings in that district.
Article 18: Regional Electoral Office
-
Every Regional Capital will have regional electoral office that will consist of: A Chairman, Vice -chairman and a secretary all appointed by the Commission.
- The Regional Electoral office will be responsible for elections in that Region.
Article 19:
- All Electoral officer's personnel appointed by the Commission will be duly notified about their appointment 15 days before the elections date.
- No excuse to abscond from duty will be accepted form Electoral offices' personnel unless it is seen as genuine by the commission.
- All Electoral offices' personnel ie. Field, District or Regional Elections offices are required to take the following oath before the Presiding Judge of the District Court:
"I swear by the name of Allah: that I shall carryout my duties diligently and with honesty; and that I shall remain neutral to contesting parties or candidates. That I shall carryout my duties justly and in accordance with the law".
- Commission Members will take similar oath before the President of the Supreme Court.
- Members of the Armed Forces or other para-military organizations, Regional Governors, Heads of Districts, Members of District Councils and elections candidates are forbidden to serve as Electoral offices' personnel.
- The services of all Electoral offices' personnel will be automatically terminated on the announcement of election results unless so exempted by the Commission.
- District or Regional Electoral offices' Chairman cannot be drawn from: -
Government employees, armed forces or party members.
Article 20: Allowances for Electoral offices' Personnel
- Allowances for Electoral offices' personnel will be set by the Commission. Each member will receive allowances commensurate with the office or responsibilities to which he/she is detailed.
- Civil servants or employees of state-owned Agency temporarily assigned to election duties will receive half of the standard allowances.
- Electoral offices' personnel assigned to stations outside their normal residence will be entitled to receive subsistence allowance over their period of duty. The rate of the subsistence allowance will be set by the Commission.
Article 21: Commission Members' Immunity etc.
- All Electoral offices' Personnel and a party agents described under this law will have similar legal status as that of public officers.
- Election Candidates, Electoral offices' Personnel, and Party Agents cannot be arrested unless they are charged to a crime with a minimum sentence of 3 years.
- Any criminal charge, against the set of people mentioned in (2) above, will only proceed after the elections are over.
- Commission members have similar immunity as that of cabinet ministers over their office tenure. Revocation of such immunity in laid down under article s 94(8) and 96 (4) of the constitution.
ELECTION MODALITIES
Article 22: Election Methods
- District council elections will be based on proportioned representative system i. e. Every party will get its due members in proportion to their supporters vote in that district. However, the election of the President, and his Vice will be based on majority vote system i. e. the candidate that gets most gets will be the winner.
- For District Councilors' elections every party will present a list of their candidates commensurate to the number of Councilors ascribed for each district. As a safeguard, however, each party list of candidates should be double the actual number of each districts council members.
- Each party will receive their due seats based on the proportional representative system i.e. the actual seats that accrue from given party votes in ratio to the aggregate votes casted in the whole district.
- In a district where a single party list is presented no elections well take place and available councilor positions will be filled in line with the order that party list of candidates was prioritized.
Article 23: Presentation of Candidate Lists
- Each organization /party's District Committee will present the list of their candidates for the district council elections. Three names should be provided for each candidate, place and date of birth. In case a number of candidates coincidently share such names a fourth name should be supplied or where appropriate a person's nickname added as an extra distinction. It is also a requirement to specify each candidate's constituency in the district.
- Following documents accompany each party's list of candidates:-
- (a) For ex-government employees, a testimony attesting that acceptance of such candidate's resignation from government service as required by article 7 of this law.
- (b) Four clear copies of his party's "election" symbol.
- (c) A written testimony showing attesting the candidate's acceptance to his party's candidature and a second testimony proving that he fulfils all the legal requirement attached to election candidate.
- (d) An official receipt proving the payment required non-refundable deposit to the Ministry of Finance as set under article 25 of this law.
- Party candidates will be elected into office in line with the order each party presents its list.
- All disputes that arise from the way a party list was handed in or presented should be solved by the central committee of the concerned party.
Article 24: Symbols of Party Election Lists.
- Each Party's Election Candidates list should carry the symbol or election sign of that party.
- No party should have a similar symbol or elections sign with another one.
- Each Party's symbol should be a sole sign for that party with no governmental, tribal or religious sect's imprint.
- Each party must use a single or similar symbol for their presidential or district council election candidates.
Article 25: Deposit
All election candidates will pay the following non-deformable deposits to the Ministry of Finance: -
- Presidential Candidates SL 1,000,000 (one million)
- District Council " 50,000 (fifty Thousand)
Article 26: Acceptance of Election Candidates List
- The list of the candidates running for the office of the president and that of the Vice-President will be presented to the Commission's central office, while that list of candidates running for district councils will be presented to the district electoral office 45 days ahead of the Election date together with all the supplementary documents individually required from every election candidate as specified under article 23 of this law.
- The Commission's Central office and the Electoral District office, under their respective competence, should ensure that candidates on Election lists individually comply with the laid down election conditions; and will ask the rejected candidate's party to nominate an acceptable substitute.
Article 27: Announcement of Election Candidates List
- The Commission and every District Electoral office are required to respectively, present a consolidated list of all election candidates while safeguarding to clearly show each party's individual list of election candidates together with that party's corresponding elections symbol. The dictum: "first come first served" must be safeguarded. Final presentation order of the consolidated list strictly follows how party lists first reached the electoral offices.
- When the presentation of the form of the consolidated election candidates list is finalized, such list should be displayed in all polling-station locations in each district.
- Again, the Commission and their respective Electoral offices should display the consolidated lists of all election candidates in public places i.e. Local Government notice boards, prominent public places etc 30 days ahead of the election date. Where possible such lists should be printed in newspapers and announced over the radio.
ELECTION CAMPAIGN
Article 28: Initiation and Ending of Election Campaign
Electioneering campaign will start when the required notification under article 27 of this law is released by the Commission and will end 48 hours before the election date
Article 29: Public Meetings
- People responsible for party electioneering campaign or public demonstrations must notify head of the district and district police headquarters 48 hours before such activities commence. The head of the district reserves the right to reject such activities, to take place if he gets convinced that it will endanger: Public health, civic order or de-stabilize public security. It is also the duty of the Head of the District to specify where such public rallies or demonstrations will take place.
- No more than two simultaneous public rallies can be held in a town or village.
Article 30: Slogans
- Party propaganda slogans or the electioneering materials should first be shown to the chairperson of the district electoral office 48 hours before they are released. No charges will be levied on such elections campaign material.
- Such party slogans or other elections campaign illustrations cannot be affixed on mosques, government offices, government owned transport, diplomatic premises, or international agencies buildings.
Article 31: Carrying Weapons or Dressing in Para-military Style
Carrying weapons or dressing up in para-military style is prohibited in such public rallies or gatherings.
Article 32: Party/Organization's Agents
- Party Central Committers or District Party Committee Branches have the right to send their agent, who will have a voting right, to every polling-station where they have a running election candidate. If a party's nominated agent fails to fill his assigned representation, the concerned party has the choice to the nominate substitute.
- Party Agents should be present and in time to witness the electoral office commencing election proceedings. Party Agents are free to raise objections to any noted procedural elections abnormality or ask for clarification such Party Agents observations or comments should be duly registered by the electoral office.
- Names of Party Agents should be presented to the commission or other respective Electoral offices 10 days before the elections date. The commission or their respective electoral offices will give a written acceptance to the Party Agent assigned to them in order to enable him to carry out his/her duties freely and legally.
ELECTION OF THE DISTRICT COUNCIL
Article 33: Required Conditions
- He/she must be a Somaliland National
- He/she must be a resident in the District of his election
- He/she must be a Muslim practicing Islamic tenants
- He/she must be not less than 35 years old in that election year
- He/she must have the reputation of being responsible and be respectable at the societal level.
- He/she was not sentenced to imprisonment by a court over the last 10 years.
- He/she should have secondary school education if contesting in districts A and B or intermediate school contesting in districts C and D council elections.
- He/she must be a taxpayer in that district or must be someone who voluntarily participated in general welfare activities in his/her district of election.
Article 34: An organization's failure to qualify for a party
In case an organization that fails to quality for a party status gets some seats in the district councils, such election councilors will be given the choice to cross the line to one of the organizations that succeeded to receive Party-status.
Article 35: Presidential Candidates Election Conditions
- The conditions attached to candidates running for the offices of the President and the vice President are described under article 82 of the Constitution.
- All candidates running for the offices of the President and that of his vice should run on the ticket of a registered party.
Article 36: The Elections of the President + Vice-President
The procedure of electing the President and the Vice-President is clearly laid down under article 83 paras 1, 2,3, and 4 of the state Constitution.
ELECTION PROCEDURE
Article 37: Electoral office's election Material
- The Commission should provide the following material to every electoral field office (i.e. Polling-stations):-
- (a) A copy of this Electoral law.
- (b) A sealed package containing each polling-station stamp together with ink and ink pad
- (c) A sealed package containing the ballot papers.
- (d) Ballot box
- (e) Container for ballot papers.
- (f) Three rallying sheets for the tabulation of casted votes
- (g) A form with set columns
- (h) Adequate biro-pens to enable voters to mark ballot-papers.
- (i) At least 5 "sample" ballot-papers to enlighten voters how to cast their votes.
- (j) One bottle of indelible ink to distinguish voters that casted their votes.
- (k) Auxiliary writhing material.
- Items c, d, e, f and should be in pairs distinctly marked separately if the district and presidential elections are being held simultaneously.
- The Commission's central office has to provide following items to every district or regional electoral office.
- I. A copy of the Electoral law.
- II. A sealed package containing a special stamp for each Electoral district or regional office together with ink and ink-pad
- III. Three registers for each district or regional electoral office to register arising or noted procedural observations.
- IV. Tabulation forms to tally casted votes on Party lines.
- V. Varied auxiliary stationery.
- Items for every Electoral office should be in a locked and sealed separate container. The commission should requisition such items at the proper times together with the ballot-boxes. When such items become available for distributions, the commission should dispatch them to the regional and district electoral offices for onward transmission to the field electoral office i.e. Polling -stations.
- The Commission will avail extra ballot-papers in sealed envelops to the district and regional electoral offices. In their turn the district and regional electoral offices will issue the extra ballot papers to polling-stations that come up with justified request. Such material must be hand-delivered to the chairman of the requesting polling-station.
- Where transportation difficulties seem eminent, the commission can entrust extra ballot-papers, naturally sealed under the custody of their roving field staff to facilitate their availability to remote polling-stations if need arises.
Article 38: Ballot-papers
Political organization/parties individual election symbols should be printed on each ballot paper pointing upwards in a square form with space for the voter to mark. A small gummed tag is attached to each ballot-paper to seal it off when folded.
Article 39: Polling stations
- Every polling-station should have two small rooms for voting purposes that will enable every voter to tick his ballot paper secretly.
- The ballot-box should be positioned in a place where it can be seen or in a dominant position amongst a polling-station's Electoral staff.
Article 40:
- A copy of the consolidated candidates list, mentioned in Article 27 of this law, should be displayed in a prominent place in an electoral office and clearly displayed inside and outside polling-stations.
- A copy of the endorsed final candidates list, mentioned in Article 27 of this law should be displayed in a position where it can be seen by all-inside or outside every respective electoral office.
Article 41: Distribution of Elections Material
- Every District Electoral office should ensure that all necessary elections material is delivered to all polling-stations under its domain, at 6 a.m. of the election day.
- The Commission should deliver all required election material to the district Electoral office at 4 pm the day that precedes the Election day.
- Each Polling-station must be provided with:
- (a) A copy of the names of the electoral staff officially assigned to it.
- (b) The names of political organization/parties agents officially assigned to that polling-station.
Article 42: Electoral office (i.e. Polling-stations)
- The chairman of the electoral field office (i.e. polling-station) after having received all the material mentioned in article 41 should: -
- (a) Establish the Electoral field office, brief the scrutineers and the secretary about their duties and inform them that they (including the chairman) constitute the electoral field office staff.
- (b) Ensure that political organization's/party's agents are admitted to the field electoral office to carryout their duties after receiving their credentials.
- (c) Having ensured that the box containing the election materials is still sealed, he will break such seal and open the box in the presence of the field electoral staff including agents of the political parties and make proper stock-taking to ensure that all election material requirements area there.
- (d) Similarly, the chairman and his electoral staff should ascertain that individual packages containing the polling-station's stamp, ballot papers etc remain sealed on delivery. Having done that, the chairman and his staff should break such seals off and stamp all ballot-papers with the provided polling-station's stamp. Having done that, the stamped ballot-papers should be neatly stacked into the provided container. Only personnel, legally assigned to the polling-station should be present when such afore-going process is underway.
- (e) Should ensure that "sample ballot papers" directing voters how to correctly cast their votes and the consolidated list of elections candidates should be well displayed in the appropriate places.
- (f) To ensure that election material is administered in accordance with the laid procedures.
- The chairman of the polling-stations apart from the practical application of the steps detailed in (1) above should equally record the steps taken one by one in the provided register. Proper stock-taking details of the received election material i.e. the polling-station's stamp, of voting papers received should also be recorded in the appropriate register.
- The Electoral field office staff including the party agents should countersign with the polling-station chairman at the appropriate place in the register testifying that matters were carried out to their satisfaction.
- Having satisfied himself that all required arrangements to commence the voting are correctly in place, he should officially declare the commencement of the voting
Article 43: Powers of the Chairman of the Field Electoral Office
- The chairman of an electoral field office (polling-station) is duty bound to adhere to proper election procedure once the voting is underway. He has the powers to instruct the police to remove :
- (a) Anyone from the polling-station
- (b) Anyone thought to be lunatic
- (c) Or arrest anyone that violates election regulations
- No police officer is allowed to enter inside polling-station unless so instructed by its chairman.
- Police officers and civil servants should give their utmost cooperation to the chairman of the field electoral office, when needed, in order to ensure the smooth running to the voting and in order to avoid any cramming in either the polling-station or around the seating arrangement of the field electoral offices staff.
- The chairman of the field electoral office and his staff have the right to exercise powers given to them under this article .
Article 44:
- Electoral field office staff, party agents and members of the public casting their votes are only allowed to enter a polling-station.
- Voters are forbidden to carry arms. One voter at a time is allowed access to the ballot-box to cast his/her vote. First come to the election queue has the priority to vote, the only exception being when a member of the electoral staff opts to cast his/her vote.
Article 45: Preparatory Steps to Voting
- Any voter can cast her/his vote when:-
- (a) He/she tells her/his full name, presents her/his identity card and pronounced her/his age.
- (b) Validated to have voting right. However, special scrutiny should be attached to every person's presented ID Card or papers. Where doubt arises a reputable witness should be sought or by any other method devised to ascertain the correctness of that voters identity papers.
- Each voter's left hand small finger should be immersed in an indelible ink as soon as he/she casts her/his vote. In the absence of a voter's left hand similar fingers on his right hand should be immersed in the ink. Where the voter has lost all his fingers, the indelible ink can be marked on any where on his/her body where such voter opts provided it is a position where every body can see.
Article 46: Physically deprived voters: -
- If a handicapped person is not in position to directly cast his/her vote, the polling-station chairman should allow him to appoint a helper of his/her choice to cast far him/her
- In such instance the secretary of the field electoral office should put such incidence in the register as a record writing down the such handicapped person's full name.
Article 47: Voting Procedure
- When above steps mentioned in article 45 are completed, the chairman of the polling-station will hand the ballot paper to each voter duly stamped; each ballot paper is perforated and leaves a stub.
- Each voter will proceed to the voting room and come out with his/her folded ballot-paper duly ticked.
- Each voter will tick or mark on the right side of his/party's symbol using a biro pen which will be issued by the Electoral office secretary. Each voter should then fold his/her ballot paper, seal it off and drop it into the provided vote-box
- Every voter having casted her/his vote should leave the polling station. However, the polling station's chairman should ensure that such voter is marked with indelible ink as prescribed under article 45 to deter double voting.
- If any voter finds the ballot paper given to he/him is damaged or incomplete she/he should return it to the polling station chairman and ask for a sound ballot paper. In such event the matter should be put to record (in the appropriate register).
- The polling station's chairman is empowered to suspend from voting any person seen to be taking long time to tick his/her ballot paper. Such person will be allowed to vote when all the voters in the polling station come to on end.
- If a voter is caught with extra ballot-papers or with ballot-papers different to the ones in use or proved to be indulging in double voting the chairman of the polling station is empowered to order his/her arrest for an eventual court trial for his/her criminal activity.
Article 48: Voting day
- All voting should be completed in one day (i.e. set election day). Voting will commence 7 a.m. and come to close at 6 pm in the same day
- However, voting will continue until such a time all persons in the voting-queue at the closing time cast their votes.
Article 49 : Resolving protests
The field electoral office will in a temporary way, settle arising protests including verbal or procedural. Such protests should be officially recorded if they arise in the proper register.
Article 50: Preparatory Measures before counting votes
- When all voters cast their votes, the chairman of the polling station, in a loud voice, declare that the voting has come to end.
- The chairman of the field electoral office (polling station) having disposed of all election material, irrelevant to vote counting, will: -
- (a) Reconcile the numbers of voters by noting the number of stubs left from by the used ballot papers.
- (b) Collect and count un-used ballot papers and put them inside envelope No1.
- (c) Verify and sign all rejected ballot-papers whether returned by voters or originally defaulted and place them inside envelope No 2.
Article 51: Counting Votes
- Having accomplished all the steps in preceding article , the chairman of the polling-station will commence counting the ballot papers in the vote box. One scrutineer will draw two ballot-papers from the vote-box and hand that to the chairman. The chairman will open the ballot-papers and declare in clear voice the political organization /party that won the vote and pass every declared ballot-papers to the second scrutineer who in turn will show that to all party agents. The field Electoral office secretary will then enter such vote under the winning party's column in the provided tabulations form.
Article 52: Closure of Vote Counting
- At the close of vote counting, mentioned in article 51, the polling station chairman will publicly declare the aggregate total of the votes casted, the total number of votes declared as valid and the number of votes each party list won.
- After that, all envelopes containing casted ballot-papers will be sealed, stamped with the appropriate polling station's stamp, duly signed by the chairman, at least one scrutineer and the Agents of the parties that have candidates in that polling station.
- Enclosures in each envelope should be writing (on if) detailed accuracy.
- Above vote-counting procedure should be undertaken in one continuous session free from any interruptions
- Records should clearly show the implementation of above steps.
Article 53: Undisputed Spoiled Votes
1. A ballot-papers will be invalidated if: -
- (a) It differs from the ballot-paper authorized by the Commission
- (b) It does not carry the appropriate polling station stamp
- A casted ballot-paper will be invalidated if:
(a) It shows on it irreverent written matter or marks or calculated designs
(b) It is not clear to which party the vote is given
(c) The voter's vote goes to more than one party.
Any casted vote could only be nullified by the common consensus of the field office Electoral staff. However, if division of opinion arises among the field electoral staff on a given ballot-paper the matter should be set aside as a disputed case.
The district Electoral office is empowered to take decision on disputed ballot papers.
Article 54: A polling Stations Record reference
- A polling station's written elections record should be duly entered in the appropriate form supplied by the Commission. This form is supplied in triplicate.
- Two copies of the polling station's reference record should be enclosed in the some box with the sealed envelops containing casted votes mentioned in article 55, that will be forwarded to the District Electoral office. The third copy together with the surplus election material should be dispatched to the chairman of the regional Electoral office.
Article 55: Transportation and Transfer of Election Material
- The Chairman of the polling station accompanied by at least one member of his Electoral staff and with police escort, will deliver the election reference record and the sealed envelopes for each polling station to the district Electoral office without any delay.
- The district Electoral office having received the election materials stated in (1) above, should ascertain that all envelopes are duly sealed and avoid any further messing; and should duly issue a testimony in respect to their receiving.
- The chairman of the district electoral office will forward under sealed envelopes election results related to the President and the vice president and the triplicate copy of the election reference record or return to the chairman of the Electoral Regional office
Article 56: Duties of the District Electoral office
- When the chairman of the district Electoral office receives all the material (return) mentioned in article 55, he should: -
- (a) Instruct the scrutineers, secretary and tallying officials to get ready for the duty in hand.
- (b) Call the party representatives, accepted by the Commission, and who have candidates in the district elections to stay as observers during this process.
- (c) When the chairman, other electoral staff and party representatives all witness that incoming containers remain sealed and in tack, he should open the containers, one by one, and draw out the contents under strict stock-taking process.
- (d) Equally, the electoral staff should, collectively, ensure that individual envelops extracted from each container remain sealed. The chairman will then open the envelope that contains the polling station stamp with the express intention to testify that each polling return duly carries such station's classified and numbered stamp.
- The district Electoral office should, then ensure the provided written record reference report and received envelops fuller satisfy the requirements of article s 50, 51 and 54, of this law.
- The district Electoral office having checked the election result of the President and the vice-President will pass that to the Regional Electoral office which, in their turn, will transmit that to the Central Electoral office.
Article 57: Presidential Candidate's Vote Counting
When the chairman of the district Electoral office processes vote counting for Presidential candidates: -
- (a) He should count and sum up all votes drawn from all the polling stations in the district.
- (b) He should verify the spoiled/received from all polling stations
- (c) Reach final decision about disputed ballot-papers (votes) described under article 53 of this law.
- (d) Add up separately the number of votes each party candidates received
- (e) Transmit the election result together with the standing (if any) vote disputes to the Electoral office.
Article 58: Duties of the Regional Electoral office
- The Electoral Regional office after receiving the triplicate copy of the written election reference record from the polling stations and the general election result submitted by the regional districts on each party's election results, the Regional office will check if there are any arithmetical mistakes in the votes casted
- The chairman of the Regional Election office will then use the provided form and put to record election results in triplicates and submit the original copy to the Supreme Court while sending the remaining two copies to the Central Election office (i.e. the Commission).
- The Regional Electoral office after receiving the Election result for the President and the vice-President will automatically forward such results to the commission for verification and to enable them make the initial announcement on the election result.
Article 59: Counting District Council Votes and the Subsequent
Announcement of election results
The chairman of the district electoral office after receiving the election returns specified under article 55 for district council elections will.
- Count and tally all votes from all the polling in the district
- Verify all wasted ballot papers.
- Decide on all disputed ballot papers or votes.
- Count the valid votes each contesting party had received
- Find about the sum total of all valid votes casted in the district and the number of allotted council seats for the district and the number of votes each party got from that aggregate sum.
- Ascertain number of district council seats each party got.
- Announce the names of elected candidates winnings councils to be drawn as prioritized in their respective party lists as indicated under article 23 of this law.
- District election results should be publicly announced and the names of the candidates that won the elections should be affixed in the district electoral office board.
Article 60: ELETION RECORDS
- The election reference record mentioned in article s 55, 56 and 58 of this law. Must be written in the form provided by the Commission. The form comes in three copies.
- Each copy of the election record will be used as described in article s 55 and 58 of this law
Article 61: Final district Election Results
The District Electoral office should announced final district elections results in a briefly written way and should affix, the winning candidates names, on the respective local government notice board.
Article 62: Affirmation of District Elections
- The President of the Regional court should affirm and ratify the election results of the District councils. However, before doing that he should reach final decision about any standing disputes forwarded by the districts electoral office.
- Any standing contention or litigation not processed through the district electoral office can be submitted to the Regional court within 10 days starting from the day final election results were publicly announced.
Article 63: Duties of Central Election Office
- The Chairman of the commission after receiving all election returns duly documented in compliance with Article 60 of this law will: -
- (a) Will instruct deputies and the secretary to be ready
- (b) Invite party representatives to be present as observers in order to oversee the process.
- (c) In a collective way, all should ensure that all received envelops, are under seal. He then breaks the seal and brings out all contents of each envelope.
- (d) and
- (e) Make no sense, merely repetitive
- The central office should ensure the receipt of the election reference record mentioned in article 60 of this law required from the regional district electoral offices.
Article 64: Announcement of Presidential Election Results
- The Chairman of the commission having received final election returns from the Regional/District Electoral should: -
- (a) Reach final decision on any standing disputes on voting or vote counting
- (b) Check and ratify given arithmetical figures on all valid votes
- (c) After verifying results in all possible ways and being convinced that all election processes were duly implemented, he should announce on temporary basis the election results of the President and Vice-President.
Article 65: Election Litigation
- The Supreme Court has the powers to attend to any arising complaints in respect of the President and the vice president elections. Such complaints must be submitted and received by the supreme court's registry within 20 days from the date of the election result was announced. No consideration will be given to any complaint if it doesn't reach the court within the set time written.
- The supreme court having received the election record returns from the district/regional and central electoral offices and after verifying the results arithmetically and legally will announce the election result of the President and the Vice-President.
Article 66: Implementation
This law will come to force when the President signs it and published in the official bulletin.
Gratitude is to Allah
Signed by:
Mohamed Hussein Osman, Abdulkadir H Ismail Jirde
Secretary and Acting Chairman
House of Representatives House of Representatives
Activity Plan of the Electoral Commission - 2002-2003
| What |
How |
Who |
When |
Follow-up |
Status |
| 1.1 Citizenship- constituency laws |
Passed by Parliament |
Parliament |
End of March 2002 |
EC, Ministry of Interior, Civil Society. |
Completed |
| 1. 2. Budget for Election |
To be allocated |
Parliament, Election Prepatory Committee |
In place |
EC |
Completed |
| 1. 3. Voter roll & complete registration |
National Voter registration |
EC, and all stakeholders |
On-going |
EC and stakeholders |
Requiring technical and financial assistance |
|
1.4. Civil education educate public on :
a) Goverenance b)Electoral process c)Democratic principles d) Conflict
resolution e)Awareness raising for political parties
|
Strategic plan being developed. |
EC - Civil Society -Ministries of -Information -Education -Justice
-Interior
|
First week of Sept. 2002 |
All Stake-holders |
Yet to be started. |
| 1. 5. Capacity building |
Training for: Commssioners, Election officials, staff Exposure visit
for Commissioners. Establishement of communication system (faxes, radio/phones,
internet, etc). Establishement of resource center at head office.
|
International community, Government, Diaspora |
Whole period |
EC |
Progress made need to be completed. |
| 1.6 Public Relations |
Put across an image based on action of the commission
acting as fair, imparitial, effective and credible institution. |
EC |
Whole period |
EC |
Pending |
| 1.7. Fundraising |
Mobilize resources: -Diaspora -Local communities - International
communities. |
-EC -Civil Society |
On-going |
EC, |
Proposals prepared, contacts made |
| 1.8 Monitoring |
-Involvement of civil society in monitoring process -International
observers. -Train local observers/monitors. -Monitors to be in place one
month before polling date. |
EC, - Civil society. - International community. |
On-going |
EC, Government, Civil society. |
Start has been made. |
| 1.9 Complaint mechanism |
Complaints mechanism to which contestents may
resort should be in place and publicized. |
EC |
In place |
EC, political parties, civil society. |
In place |
| 1.10 Establishment of Head office |
-Office space, -Recruit professional and supporting
staff -Procure enabling equipment and communication systems. |
Government Diaspora, International community |
On-going |
EC |
On-going need more support. |
| 1.11Admin/Finance |
Put in place sound Admin/Finance systems and
procedures, - Train relevent staff - Provide manuals. |
ICD volunteered to provide EC with these inputs
and services. |
On-going |
EC, ICD |
Good start made, need mor support |
| 1.12 Election Schedule |
EC to announce local and national election dates. |
EC |
Dates for municiplaities elections secheduled
for the 15th December 2002 |
Ciliv society, Government, other stakeholders. |
Has been announced |
| 1.13 Establsihment of Regional and district offices - Training
of electoral personnel. |
EC to make required preparation. |
EC |
September - Oct 2002. |
EC |
|
