Microsoft Word - Organic Law No. 1 2012-010.doc
CONGRESS OF TRANSITION -----------------------
ORGANIC LAW No. 2012-005 establishing the Code Electoral
Sovereignty, the source of all power belongs to the people and democracy is the exercise of power by the people through their elected representatives by direct or indirect universal suffrage or by referendum. The consultation of the people, by election or referendum is the fundamental manifestation of the exercise of that sovereignty. This organic law provides improvements and innovations to certain provisions of Ordinance No. 2010-003 of 23 March 2010 Organic Law of the Electoral Code taking into account comments made during the National Conference and the Road Map signed by the Malagasy political actors and inserted into the legal system by law No 2011-014 of 28 December 2011. It determines the general rules for elections for public office and elective referenda and the exercise voting rights, and enshrines the basic principles for the conduct of fair, transparent and fair, which form the basis of a stable Republic, mindful of democratic values. It includes seven titles and seventy three items. The main improvements and innovations include among others:
- the establishment of the Independent National Electoral Commission as the body responsible for organizing and managing electoral operations and to arrest and publish the provisional election results ;
- The holding of referendum in the dry season; - The consecration of a single ballot as an expression of the vote; - The periodic overhaul and the freezing of the electoral list; - The integration of the college of representatives of candidates to the Independent National Electoral Commission
and its territorial divisions to assist the work of those committees during the election period;
- Updating the quantum of criminal fines. 2
Finally, for the first presidential and parliamentary elections, the settlement of electoral disputes and the final announcement of results will be conducted by a Special Electoral Court. These innovations are initiated to restore the credibility of the polls, and the involvement of civil society and political parties throughout the electoral process reinforce the transparency of elections. This is the purpose of this organic law. 3
CONGRESS OF TRANSITION ---------------------
ORGANIC LAW No. 2012-005 establishing the Code Electoral
The High Council of the Transition and the Congress of the Transition adopted Law No. 2012-005 after further deliberation at their respective meeting dated 10 May 2012 and 18 May 2012, the Organic Act which reads as follows: Article first - this organic law Electoral Code. It sets the general rules on the exercise of voting rights of voters and stand in elections for public office and elective referendums. It defines general principles for the Independent National Electoral Commission, the body responsible for the organization and management of elections and referendums. Art. 2 - The inscription on the electoral list is a duty for every citizen to enable him to exercise his right to vote.
VOTING RIGHTS AND ELIGIBILITY
CHAPTER OF QUALITY OF VOTER
AND ELIGIBILITY Art. 3 - Are voters all Malagasy citizens without distinction of sex, aged eighteen years old on polling day, and enjoying their civil and political rights. The women's suffrage who acquired Malagasy nationality by marriage and that of the Malagasy naturalized foreigners are set by the Nationality Code. Art. 4 - are denied the right to vote and should not therefore be registered on the electoral list:
1. persons convicted of a criminal offense; 4
2. those convicted when the sentence definitively prevents their inclusion on the list of electors; 3
. the persons who have a judicial council; 4. prohibitions and interned insane; 5. private individuals by court order of their eligibility rights.
Art. 5 - are eligible, regardless of gender, all Malagasy citizens fulfilling the conditions for voting and those required by particular texts to each category of election, including
1. registration on the electoral list; 2. the age required by law for each elective office.
Art. 6 - Conditions of eligibility and ineligibility and incompatibility plans for the year elective public office shall be determined by the specific laws in each election category. Art. 7 - Any official authority, civil or military, political candidates, is relieved of his duties from the date of publication of the official list of candidates. If elected, it is detachment placed automatically in the position of thirty days at the latest after the official announcement of results. In case of no election or term of his mandate, he was reinstated to office in his home department. Any political authority must resign from the date of publication of the official list of candidates. A decree of the Council of Government establishes the list of authority officials and political authorities within the meaning of the Code.
OF ELECTORAL ROLLS Art. 8 - The electoral list is subject to annual review under the conditions laid down in Articles 26 and following of this organic law. However, the overhaul of the electoral list is carried out every ten years and if the circumstances so require, the election administration can proceed to the partial redesign.
First Section From the voter registration
Art. 9 - It is recorded in each mother Fokontany electoral list by the care of the National Independent Electoral Commission and its branches.
Art. 10 - A local board of voter registration, responsible for identifying all citizens who have acquired the qualifications required by law for the exercise of voting rights is created at each Fokontany. Said Commission, under the responsibility of a local representative of the Independent National Electoral Commission is composed of four representatives from each sector Fokontany or three representatives per Fokontany. Members of the commission are appointed by the Independent National Electoral Commission or its agencies at the territorial level. Non-governmental organizations, associations or groups approved on civic education and observation of elections and political organizations are full members of this commission. Their authorized representatives must submit a declaration to the designated level by the Independent National Electoral Commission and send him a list of their members assigned for this purpose, but within each entity for the number two. Art. 11 - The electoral list includes all registered voters census register Fokontany. The resulting lack of legal national service does not prevent the inclusion in the Fokontany the electoral list of the main residence. These same provisions apply to seamen in activity with a specification. All candidates must be registered on the electoral list if he qualifies in the category of elections in which it is presented. In any case, no one can register on the census register more than one Fokontany nor on more than one electoral list. However, if a voter is registered on several lists as a result of the revision of the electoral list, subject to any judicial decision, only the last recorded entry is maintained and the voter is removed from all lists previous election. Art. 12 - The electoral list shall indicate for each voter:
1. the order number; 2. the name; 3. the date and place of birth; 4. parentage; 5. the number, date and place of issuance of the national identity card; 6. address or place of residence.
Art. 13 - The Electoral Commission of District stopped by Fokontany list of all the citizens it admits having acquired the qualities required by law to exercise the right to vote. 6
Are ex officio members of the commission:
- the chairman of the Electoral Commission Communale or his representative; - A representative of each political party and each candidate making the statement
; - One representative from each non-governmental organization accredited by
civic education and election observation making the statement.
In any case, the absence of non-governmental organizations and representatives of political parties duly summoned shall not constitute an obstacle to progress of the work of the commission. Art. 14 - The electoral list drawn up by the Electoral Commission of District Fokontany is filed in the office to be consulted by the voters and the candidates or their representatives. Notice thereof is displayed at the offices of public services the resort, and major gathering points. Art. 15 - All voters should check their registration on the electoral list. The absence of verification ipso facto loss of any right to claim. Art. 16 - The formalities prescribed in the preceding article is evidenced by a report issued by the commission. The Commissioner of Police for the Urban Commune of Antananarivo, the District Chief for the other urban municipalities or the administrative district manager for rural communities as the case receives a copy. Art. 17 - Any citizen may omitted, within twenty days from the date of posting, submitting a claim. Art. 18 - Any voter may, within the period provided in the preceding article, undue contest entry. The same right is granted to administrative and judicial authorities, non-governmental organizations, associations or groups approved on civic education and election observation as well as political organizations. Art. 19 - A voter whose registration has been challenged is notified in writing and free of charge by the local representative of the Independent National Electoral Commission or its agencies at regional level as appropriate, and may comment. Art. 20 - Complaints made verbally or in writing are received in the office of Fokontany and entered in a register kept specifically for this purpose. It is issued a receipt. They are transmitted to the local board of voter registration, which must decide within seven days. A fault recovery within the time the 7
Claimant may enter directly, within thirty days from the date of expiry of the time limit, the President of the Court of First Instance under the conditions of Article 22 of this Code. Art. 21 - Notification of the decision of the commission is made immediately to interested parties, through the dismemberment of the Independent National Electoral Commission at regional level or the local representative of the commission, which may bring an action for annulment against the contested decision fortnight, by letter or statement lodged at the Court of First Instance. Art. 22 - The appeal is brought before the President of the First Court of the area. This statue within ten days, without charge, without any form of procedure and upon warning given five days in advance to all interested parties. However, if the application before it involves the solution of a preliminary state question, before referring the parties to appeal to the competent courts and prescribe a short period within which the party that raised the question must justify its procedures. Art. 23 - All judicial acts in electoral matters are stored for free. The extracts of birth certificates or auxiliary judgments necessary to establish the age of the electors shall be issued free to any claimant. They carry on the sidelines of their text saying their special purpose and can not be used for any other. Art. 24 - The local board voter registration operates without delay all changes ordered by the courts. She remade, if necessary, canceled operations, within the time prescribed by the court. Art. 25 - Printed necessary for the establishment of electoral lists are provided by the Independent National Electoral Commission. The computerized electoral lists follow the constructions under section 12 above. The Independent National Electoral Commission or its agencies at local level ensure all work on the said lists.
From the revision of electoral rolls
Art. 26 - December 1 to January 31 of the following year, the voters list is reviewed annually by the care of responsible under Article 9 of this Code. To this end, the local representative of the Independent National Electoral Commission is required to communicate, at least every three months, the necessary parts to the General Secretariat of 8
Regional Electoral Commission making it back to the Commission Electoral District during the review period. Art. 27 - The revision operation consists exclusively:
1. to add motion or at the request of any interested party, all who were previously omitted and all those who have newly acquired the qualifications required by law for voters, and with the information provided for in Article 12 below -above ;
2. to subtract the names - of deceased individuals; - Of those who have lost the qualities required by law; - Those whose removal has been ordered by the competent authority; - Those found to have been improperly registered even if their registration has not been challenged.
Art. 28 - For all new registrations, the table must include a special column in the Fokontany the elector was previously registered and the date of cancellation. If it has never been registered, mention is given in the special column indicating the Fokontany where he was domiciled in its eighteenth year. Art. 29 - The table containing the additions and deletions from the electoral list is communicated to the committee to decide on the list; he was arrested, filed definitively published and notified in accordance with Articles 13, 14 and 24 of this Code. Art. 30 - The electoral list is finalized on April 15th. Art. 31 - The President of the Court of First Instance directly seized has jurisdiction to rule until the fifteenth day preceding the vote on the claims of people who claim to have been omitted in the electoral lists, without observing the formalities prescribed by Article 20 et seq of the this Code. Art. 32 - The nature of the material error is specified by a certificate issued by the branches of the Independent National Electoral Commission at regional level or the local representative of the commission. Art. 33 - The numbering of voters on the electoral roll is done continuously at the Fokontany. The implementing rules of this Article are set by the Independent National Electoral Commission. Art. 34 - The finalized list April 15 of the year is the only list valid for all elections of the current year and remains valid until 15 April of the following year. 9
Any voter on the voters list who changed residence may exercise its right to vote from any polling station in the territory in the case of the presidential election and the referendum, and only from one of the polling stations constituency where he is registered in the case of legislative and local elections. It is deleted from the voters list from its original location and its inclusion is paid automatically on one of his new place of residence at the time of the annual revision of the electoral list as it is prescribed in Article 27 above.
TITLE II OPERATIONS
ELECTORAL CHAPTER OF CONVOCATION OF ELECTORAL COLLEGES
Art. 35 - The electoral colleges are summoned ninety days at least before the Board by decree of the election date by order of the Government or the competent authority according to the legal provisions for each type of election. For referendum, the Electoral College convened by order of the President of the Republic taken in the Council of Ministers is required to decide on a draft revision of the Constitution or an important issue to national character. In both cases, the referendum is about one matter and questions should be formulated with objectivity, clarity and precision. Art. 36 - The ballot must be held in the dry season of the year, between April 30 and November 30, except in cases of force majeure declared by the competent court, on application to the Independent National Electoral Commission or its agencies at local level depending on the category of elections. The ballot is opened and closed at six to seventeen hours. If the closing time, voters are present in the polling station or waiting their turn in the adjoining yard, they may vote. However, in case of indirect suffrage, time of closing is determined by order of the competent authority. Art. 37 - The electoral college met one business day except in cases of force majeure recognized by the competent court at the request of the Independent National Electoral Commission.
10 Art. 38 - The elections or referendums are held on the same day in all relevant constituencies. In the event that half or more of the polling stations in one or more electoral districts could not operate due to force majeure or acts of sabotage, there will be new elections.
CHAPTER II THE ELECTION CAMPAIGN
Art. 39 - During the period of the election campaign, any electioneering and displays and circulars of candidates or lists of candidates or support committees are regulated. The distribution of electoral documents and materials related to the election campaign is prohibited on election day. Art. 40 - the day before and on election day, no candidate nor its representatives or its supporting committees can make a public statement, in any form whatsoever, on radio, on television. Art. 41 - The duration of the campaign is:
- thirty days for the election of the President of the Republic and the referendum; - Twenty one days for legislative and senatorial elections and other
territorial elections; - Five days for local elections.
If the election period of two successive elections overlap, electioneering for the second election was suspended the day before and the day of the first election. Art. 42 - The public election meetings are free, subject to prior written declaration to the representative of the territorially competent State at the locality. They can not however be held in places of worship, workplaces, government buildings or military barracks. The declaration makes known the full name and address of the organizers and is signed by three of them. It is full entry fee for these organizers to maintain order, to prevent any violation of the laws and regulations, and prohibit any speech contrary to public order and morals or containing any incitement to-criminal acts or offense. Art. 43 - If the election meetings provided in the preceding Article may undermine public order, the representative of the territorially competent State may prohibit them or suspend them or order the dissolution.
11 Art. 44 - The election must take place in a climate of mutual respect and "fihavanana" free of bellicose rhetoric and irreverent. Art. 45 - Any official opening is prohibited during the period of the election campaign. Furthermore, it is prohibited to any official, no candidate, civil or military authority, political authority and to any religious authority to make propaganda to vote for an option, a candidate or list of candidates under to penal and disciplinary sanctions. It is prohibited to all civil and military authority official, political authority and religious authority not any candidate to distribute, in the exercise of his duties or in connection with the exercise of these, Professions faith and flyers on behalf of an option, a candidate or a candidate list for the duration of the election campaign on pain of criminal and disciplinary penalties provided by section 155 of this electoral Code. Art. 46 - The use of public goods including administrative car for propaganda purposes is prohibited. Art. 47 - The rules governing the financing of election campaigns and the use of related expenditure shall be established by the Political Parties Act. Art. 48 - Distribution of free and paid airtime and programming they air on National Radio and National Television or their regional branches must be done equitably between political parties or organizations having presented or supported option, a candidate or a list of candidates and between each option, candidate or list of candidates. The distribution and programming as provided in the preceding paragraph are made before the start of the campaign and draw conducted by the Independent National Electoral Commission or its agencies at local level in the presence of candidates or support committees or their representatives . The use of authorized public places and buildings follows the same principles as those set out in the preceding two paragraphs of this article. Art. 49 - The conditions, forms, terms and conditions for issuing permits to campaign are determined by the individual texts at each election category.
Art. 50 - For the duration of the campaign period, the Independent National Electoral Commission or its agencies at local level, with the support of Regional and Local Authorities, provides political parties or organizations that have filed or supported an option, a candidate or a list of candidates
12, candidates or lists of candidates, special locations for affixing election posters. These locations must be located in places usually frequented by voters but far away from polling stations. In each of these locations, an even surface is exclusively allocated to each option, each candidate or each list of candidates. Other manner of displaying election posters are defined by regulation. Art. 51 - The display locations are assigned by random draw conducted by the Independent National Electoral Commission or its agencies at local level in the presence of committees support the candidates or their representatives. However, the first box is reserved for official displays. Art. 52 - The use of the national flag in any form whatsoever is prohibited. The displays that include a combination of three colors, white, red and green flag of the Malagasy State are prohibited. Also prohibits the use of the national anthem and state seals. Art. 53 - No sign can be affixed after the date and time of completion of the election campaign.
PRINTING AND DISTRIBUTION OF BALLOTS Art. 54 - The vote is given to the single ballot means. The model ballot with its features is determined by the Independent National Electoral Commission, for each category of elections. The specimen containing the specifications set by each candidate to be affixed to the single ballot is attached to the application. The ballots are delivered and transported to polling stations by the Independent National Electoral Commission. Art. 55 - Every political party or organization that submitted or supported a candidate or list of candidates, any candidate or list of candidates, is required to contribute to the printing of ballots, as a contribution by application form, and the amount or rates are fixed by regulations according to each type of election.
13 The state reimburses the contributions to the printing of ballots, as security, political parties, organizations, candidates or lists of candidates who obtain at least ten percent of the votes cast, according to procedures determined by decree in the Government Council. Art. 56 - The order of candidates on the ballot is done by drawing conducted by the Independent National Electoral Commission in the presence of candidates or their representatives. Art. 57 - It is forbidden to distribute or dispense, on election day, circulars and other propaganda tools.
CARD OF VOTER
Art. 58 - Each voter receives a voting card justifying his inclusion on the electoral list. This card is issued and signed by the Independent National Electoral Commission in the manner and according to a model which are determined by decree after consultation of the Commission. It contains all the information to be included on the electoral lists in accordance with Article 11 of this Code. It is valid for five years from January 1 of the year of issue unless otherwise stated in the decree or order of convocation of the electoral colleges. Art. 59 - Delivery of cards to voters is carried out by the direction of the representative appointed by the Independent National Electoral Commission. Art. 60 - Cards are delivered to As of registration on the electoral list to voters after proof of identity, against annotating the document which will be presented by the distribution agent. Art. 61 - On election day, the undelivered cards to their owner at home before the election date is made available to voters near polling station concerned. After the polls closed, the head of Fokontany forward to the Independent National Electoral Commission or its agencies unwithdrawn cards accompanied by a registered state. They are kept by the said Commission or its agencies. Art. 62 - In case of loss of his voting card, the voter must immediately inform the representative of the Independent National Electoral Commission, which advises the President of the concerned polling station to prevent fraudulent use of the card
lost, and issue the voter a loss declaration receipt for proof of registration on the electoral roll and voting. Art. 63 - All voters registered on the electoral list has the right to vote. If he lost his voting card and he was unable to obtain a duplicate receipt or expected in the previous article on time, it is sufficient to prove his identity by presenting his card national identity and a certificate of registration on the census register issued by the local representative of the Independent national Electoral Commission at the Fokontany.
POLLING STATIONS Art. 64 - Worship or ritual buildings, building individual and the barracks can not be used as polling stations. In case it is not found in the Fokontany a public building that can accommodate the polling station, the head of Fokontany must notify the designated official of the Independent National Electoral Commission or its agencies at local level, upon publication of the decree or stopped writ so that the latter can request an exemption from the provisions of the first paragraph of this article, and exclusively, with regard to the individual buildings. Art. 65 - The list and the location of polling stations should be established in all cases, by decision of the President of the Regional dismemberment of the Independent National Electoral Commission, at least sixty days before the election date, and brought to the attention of voters by all appropriate means, taking into account the density of the voters and their place of residence. Any changes to this list, for force majeure must be a corrective decision to be taken forty-eight hours before the polling day and made known to the public by any means. Art. 66 - The polling station is composed as follows:
- A President; - Vice-president; - Two assessors; - A secretary.
The latter has only a consultative vote at the office. There are two alternate positions for the President and Vice President. Whatever the circumstances, three board members at least should be present in the polling station during the poll. In any case, the candidates for election can not assume the duties of polling station members.
15 Art. 67 - The polling station members are literate voters registered on the electoral list of Fokontany and designated by the Independent National Electoral Commission or its agencies at local level on a proposal from their local representatives at the Fokontany. In case there is no voter literate in the spring of a poll, CENI or its territorial branches denote constituents meeting the terms listed above residing in another Fokontany spring of connecting Town the polling station concerned to perform the functions of office of members voting. Art. 68 - Before being appointed, each member must file with the local representation of the Independent National Electoral Commission a letter of undertaking to respect the free choice of each voter.
First section of Delegates candidate support committees or list of candidates
Art. 69 - Depending on the case, each support group, each candidate or each list of candidates has the right to the presence in each polling station, a holder delegate or alternate authorized to observe polling operations. Each support committee, candidate or a candidate or a list of each candidate list representative may authorize a member of his political party or organization to the delegates designation. Applicants may attend, without any formalities, to the electoral operations. Their place is near the one reserved for delegates. Nevertheless, the President of the polling station may require them to prove their identity. The delegates and alternates may not serve simultaneously. In any event, delegates of the support committee, the candidate or list of candidates, as the case called to serve on a polling station are limited to four. If their number exceeds that figure, the President of the polling station organizes rotations to allow each delegate to exercise its function. In any case, the absence of rotation does not constitute in itself a cause for cancellation of voting. Art. 70 - The delegate of the support committee of the candidate or the candidate list must be registered voter a voter. He may vote at the polling station to which he accomplishes his mission delegate, unless otherwise provided by specific texts election category.
If applicable, information concerning as indicated stipulated in section below this code are added to the list of annotating the polling station with the number of his voting card and the exact indication of his polling station. Mention is made in the minutes of voting which is annexed mandate of the delegate. The delegate of the candidate's support committee, or the list of candidates must register a specimen signature to the Commissioner of Police or the District Manager, or Chief District or Chief of District, or mayor or their Deputies. This recording is done for free. Art. 71 - The name of the delegate of the support committee of the candidate or the candidate list must be notified directly to the President of the polling station before the polls open. The notification must include the holder as a substitute for, besides the warrant:
1. the name; 2. the date and place of birth; 3. the home; 4. the number, date and place of issuance of the national identity card; 5. the exact designation of the polling station for which he is appointed; 6. the number of the polling station and the number of his voting card.
The notification on plain paper unstamped duplicate copy must be signed by the person authorized to instruct the delegate and alternate. The signature of the principal must be certified by an administrative authority. The certification of signatures is free and can be done in any territorial administrative unit. Art. 72 - The second copy of the notification statement is delivered directly to the delegate by the principal and worth a regular basis without further formality in order to exercise its mandate. This title should be presented to the President of the polling station and this is mentioned in the minutes of the electoral operations. Art. 73 - The rights of the delegates are guaranteed and the representation of each support group, each candidate or list of candidates in the polling station is provided when they are provided with the notification statement in due form from the support committee, the candidate or representative of the list of candidates they represent. In any event, the principal candidate of the support committee or list of candidates allowed to campaign under Article 50 of this Code may conduct
To the appointment of a new representative at any time of the ballot to ensure its representation in cases of expulsion or unable delegates initially designated. This designation made verbally to the President of the polling station will be mentioned in the minutes of voting and must contain the information specified in Article 71 of this Code. Art. 74 - In any case, the absence of a delegate, whatever the cause can not interrupt the flow of voting or be provided a cause for cancellation of such operations. In all cases, the support committees of delegates or candidates or lists of candidates can in no way intervene in the operation of the polling station. Art. 75 - Observations, claims or disputes delegate the conduct of operations in the polling station for which it is designated to be annexed to the minutes of the electoral operations, and duly signed by himself. His name and title must be recorded in the minutes. However, the absence of recording of such comments, claims, disputes or their annexation to the minutes do not constitute grounds for rejection of any application to the competent court. The President of the polling station can bring in the minutes his remarks and lightening elements on facts or events occurring in the polling operations and statements by the delegate. These comments and clarification of elements must be signed by the President of the polling station and attached to the minutes.
From the police of polling
Art. 76 - The President of the polling station alone controls the polling station. It is forbidden to bring alcoholic beverages and / or drugs in and around the polling station. Access in rooms used as polling stations is prohibited from carrying weapons of any kind. Null armed force shall not, without permission, be placed in polling stations or in the immediate vicinity of polling stations. Civil authorities and military commanders are required to subscribe to the requisitions of the President of the polling station designed to prevent any movement liable to disrupt the vote.
The President of the polling station shall, before making a requisition, consult the members of that office, to but excluding the person or persons responsible for the proposed requisition. Art. 77 - The requisition made by the Chairman of the polling station can not have the sole purpose of preventing candidates or delegates and accredited observers to perform the normal control of electoral operations. Art. 78 - Where an application has resulted in the expulsion or of one or more assessors or of one or more delegates, one or more observers or one or more scrutineers, the Chairman the poll was held before the requisition is lifted and the authority has left the polling to proceed without delay in accordance with applicable rules, the replacement of the expelled. In case of expulsion or failure for any reason whatsoever of an assessor or deputy returning officer, the President of the polling station shall appoint an elector present, literate to replace, if necessary there may proceed by requisition. The authority, at the request, proceeded to the expulsion of one or more assessors, or one or more delegates, or one or more monitors, or one or more scrutineers, must immediately after the expulsion contact the Independent National Electoral Commission or its agencies territorially minutes realizing its mission. Art. 79 - The polling station shall decide all the problems relating to voting operations. Its decisions are motivated. All claims, the decisions and the related documents are attached to the minutes shall be signed by the office. Art. 80 - The electoral colleges can only devote himself to the election for which they are gathered. All discussions All discussions are closed to them both inside and outside the polling station. Art. 81 - Any display, even from official or administrative documents, all written slogan, every photograph is prohibited inside and outside any polling station, except photos and emblems appearing on the ballot .
badge port Art. 82 - The badge port whose characteristics and form are established by decree, is compulsory for the polling station members for the delegates of the candidate or list of candidates or support committees and accredited observers during the ballot.
19 The badges provided by the Independent National Electoral Commission are the same throughout the national territory. Art. 83 - The members of the Independent National Electoral Commission, delegates of the candidate, the administrative authorities, the candidate and accredited journalists are obliged to badge port during voting. The badges should be issued two weeks before the election date.
CHAPTER VII VOTING
From first section
Art. 84 -The vote is personal and secret. It may be exercised by proxy or by correspondence. Art. 85 - A copy of this Code and the texts adopted for its application are deposited inside the polling station and made available to any voter who can see without moving. Art. 86 - An excerpt from the voter list remains deposited on the table around which the office headquarters. Said document is exclusively for the prior scrutiny of voter registration on the electoral list. Art. 87 - The ballot box must have an opening for passing the single ballot to introduce by each voter. It must be visible to all. Before the commencement of voting and after contradictory finding that it is empty, the ballot box must be closed by two locks or two dissimilar locks whose keys remain, one in the hands of the President of the polling station, the the other in the hands of the oldest assessor. However, the use of other types of polls offering optimum security guarantees can not be excluded. Art. 88 - Before the voter enters the polling station, a board member checks in advance if it is not already carrying an indelible mark. Art. 89 - On entering the room, the voter must prove his right to vote by presenting their national identity card and his voter card. After verification by a member of his registration polling station in the electoral roll, the elector must take a sample of the ballot paper. Without leaving the room, the voter must go alone in the party done for from observation to mark their choice on the ballot. He then found
The President of the polling station that he holds that a newsletter; the Chairman noted the undisturbed before its introduction into the ballot box by the voter himself. Voting booths should be placed so that the public can see that the elections were conducted in accordance with the visibility and transparency of the ballot requirements. Art. 90 - In any case, the President of the polling station must not allow to vote the voter who refuses to go to the polling booth and publicly mark their choice on the ballot paper. To this end, he must invite the latter to come out immediately from the polling station. The same requirements are also applicable in case of a voter who refuses to take a copy of the ballot installed on the discharge table. In any case, the fact is mentioned in the minutes of the electoral operations. Art. 91 - After entering the ballot, the voter shall sign the list of annotating; if he does not write, he affixes his fingerprints. In both cases, a member of the polling station countersign each signature or fingerprint of the voter on the voter list. A member of the polling station must ensure compliance of the signature with the one placed on the national identity card. Before the voter leaves the polling station, a board member mark the left thumb of it using indelible ink or any other similar product. If possible mutilation, members of the polling station decide the choice of finger mark and referred to the attendance list. Any refusal to comply with this formality intended to prevent multiple voting is punishable under section 473 of the Penal Code. The President of the polling station finds the refusal in a report he sent to the public prosecution magistrate; it is exempt from the formalities laid down by Article 128 of the Criminal Procedure Code. Art. 92 - The absence of countersignature by a member of the polling station is not a cause for cancellation of the poll in the polling station concerned. Art. 93 - All voters reached infirmity making it impossible to collect the ballot, mark their choice and slip it into the ballot box is allowed to be assisted by an elector of his choice. Art. 94 - The vote is seen on a voter list with order number, name, date and place of birth, parentage, the number, date and place of issuance of the national identity card and exact address of electors on the voters list and asked to vote in the respective office.
21 Art. 95 - Any delegate or any authorized observer or any candidate has the right to observe all the voting, counting of ballots and vote counting in all polling stations where such operations take place, and to annex to the minutes of any comments, protests or disputes on such operations, before the proclamation of the vote, or after.
Art. 96 - Candidates may vote in a polling station within the constituency polling for which he was a candidate, unless otherwise provided by specific texts election category. Information about the disclosures prescribed by this Code are added to the list of annotating the polling station with the number of his voting card and the exact indication of his polling station. Mention is made in the minutes of voting. Art. 97 - Civil servants, judges, officers of the police, military or members of the Army of the Independent National Electoral Commission or its agencies at local level who are, on election day, outside their Fokontany residence but in the same electoral district, may vote by presenting their mission order or other document in lieu, their voting cards and national identity cards, the President of a polling station in the locality where they are in service or temporarily affected.
CHAPTER VIII THE COUNTING
Art. 98 - After the close of voting, it shall immediately counted. The counting is public and must necessarily be done in the polling station. Art. 99 - It is allowed delegates of candidates to appoint the scrutineers, which must be distributed as much as possible by counting table. In this case, their names are submitted to the President of the polling station an hour before the polls closed, so that the list of scrutineers per table can be established before the start of the count. Art. 100 - If delegates do not have proceeded with the appointment of scrutineers, the office refers among voters present a sufficient number of tellers can read and write, which are divided by at least four table.
22 The tables where the counting takes place are arranged so that voters can walk around without in any way hamper the work of the scrutineers. Art. 101 - If, at the close of voting, the President of the polling station does not have the two keys at his disposal, it shall take all necessary measures to immediately proceed with the opening of the ballot box before the assembly . Art. 102 - Members of the polling station shall make the following operations:
1. stop work on the number of voters on the list and annotating proclamation; 2. opening the ballot box to determine the number of ballots and proclamation.
The President replied between various tables ballots to check. At each table, one of the tellers takes the ballot and passes unfolded to another scrutineer. It reads aloud the options or the names marked on ballots. Two other tellers fall these options or names on counting and tally sheets provided for this purpose. Art. 103 - The tellers stop and sign the tally sheets and score. In any event, the application of fingerprint on the said tally sheets is prohibited. In case of refusal to sign the scrutineers tally sheets, the fact is mentioned in the minutes. However, this deficiency is not a cause annulment of the election of the polling station concerned. Art. 104 - Is considered blank or invalid: - the newsletter which no options were marked; - Bulletin on which two or more options are marked.
Art. 105 - Blank ballots, those not containing a sufficient description of the choice of the voter or in which the voters have made themselves known, the ballots bearing interior or exterior signs of recognition, the ballots bearing signs, drawings or abusive traces for options, candidates or third parties are not taken into account for the determination of votes obtained by each option for a candidate or list of candidates. They are attached to the minutes and countersigned by the office members to vote and shall state the reasons for their annexation. Art. 106 - When the number of ballots found in the ballot box exceeds the number corresponding émargements, necessary to cut off a random number of ballots equal to the difference found. These operations are referred to
23 minutes which are annexed entrenched newsletters that are countersigned, placed in sealed and initialed by the Officers fold. Conversely, any excess émargements recorded for the number of ballot papers found in the ballot box is considered invalid. Art. 107 - If the annexation of the parts referred to in Articles 105 and 106 of this Code has not been made, this will not result in the cancellation of operations unless he is proved to have been intended and the effect of undermining the integrity of the election. Art. 108 - After the end of operations, the President of the polling station proceeds immediately to the announcement of the results of the count and draws immediately and publicly minutes. Art. 109 - Minutes of operations is drawn on a printed carbonless provided by the Independent National Electoral Commission. Are mentioned in the minutes of the time the polls opened and the time at which it was declared closed, the completion of various formalities ordered by the law, in general, all incidents that occurred during the voting. It is signed by at least two members of the polling station, mentioning their names. Art. 110 - Delegates countersign the minutes and the signature must conform to the registered specimen. In case of deficiency on their part, the fact is mentioned in the minutes. The affixing of the delegates at the bottom of the minutes signatures do not however constitute a material formality. Art. 111 - The signing sheets, cast the ballot, the blank and spoiled ballots, challenged ballots, tally sheets and the score and eventually the delegates' credentials, certifications observers and mission orders as provided for Articles 70, 82 and 126 as well as the entrenched bulletins referred to in Article 106 of this Code shall be attached to the minutes. Art. 112 - The record is established in several original copies value based recipients. In all cases, the Independent National Electoral Commission or its agencies territorially competent courts and addressed each priority a copy of the minutes. In addition, another copy of the minutes is posted immediately outside the polling station after the recount.
Art. 113 - The President of the polling station, the local representative of the Independent National Electoral Commission and Chief of Fokontany must diligently to deliver, as soon as possible, a copy of the minutes accompanied by documents listed in Articles 105 and 112 of this Code, in a sealed envelope and by the fastest route, the body material of the votes at the Independent National Electoral Commission or its branches at the territorial level. For practical reasons, possibility of coordination is given to the manager appointed by the representative of the Independent National Electoral Commission or its agencies at local level to deliver the documents cited in the preceding paragraph at the headquarters of the body responsible for census hardware votes. Accredited observers and delegates can participate in measures taken for this purpose. Art. 114 - each delegate and each approved observer present at the count entitled to a copy of the minutes of the elections which must be signed by at least two members of the polling station.
GENERAL CENSUS OF VOTES AND ANNOUNCEMENT OF RESULTS
Art. 115 - seat and composition of the sections responsible for the votes of census material are determined by decision of the Independent National Electoral Commission or its dismemberment at the regional level within one month before the election date and made available to the public. Art. 116 - In no case, candidates and members of political parties can not be part of the sections responsible for census material of the votes. Decisions on the appointment of members of that body may provide one or two substitutes and should receive wide publicity. Art. 117 - The local administrative authorities make available the sections for material identification of appropriate local polls and a technical secretariat comprising staff, furniture and proper equipment. Art. 118 - Representatives of political parties and party group has presented candidates and national observers attend automatically to the survey and may comment on the progress of such work. These observations are recorded in the audit report. Art. 119 - Upon receipt of the envelope containing election documents, the section provided for in Article 115 above shall add material publicly votes.
It provides an inventory of the documents submitted by each polling station and checks the accuracy of the statements that were made there. It records in its minutes everything, every element, any anomaly that could take the documents, polling station by polling station. If for important reasons, the results of one or several polling stations could not be routed him, she draws a record of failure. Art. 120 - At the initiative of the President of the section in charge of the census material of votes, all documents used in the elections together with the minutes of the work and the summary statement are sent in sealed envelopes within twenty-four hours after receiving the last sealed envelope referred to in Article 114 of this Code, the Independent National Electoral Commission or its agencies. This transmission should be made by the quickest route, under the responsibility of the Independent National Electoral Commission or its agencies at the territorial level. Art. 121 - The Independent National Electoral Commission or the Regional Electoral Commission, as appropriate, adopt and publish the preliminary results of local elections, at the latest within ten days of receipt of the last sealed envelope from the bodies of material inventory of votes. The final announcement of the results is carried out by the competent court at the latest within forty-five days from the date of publication of provisional results. In all cases, the competent court is the recipient of provisional results published or announced by the Independent National Electoral Commission or the Regional Electoral Commission. Art. 122 - In case of destruction, for any reason whatsoever, the documents contained in the sealed envelopes from the bodies of the census material of votes and intended as applicable, to the Independent National Electoral Commission, its agencies at regional level or the competent court, the latter shall conduct the checks of use and publication of the provisional results based on the minutes carbonless which the Administration and candidates are also recipients. As needed, the confrontation of the minutes can be performed, as appropriate, at the National Independent Electoral Commission, its branches or the competent court at the request of the candidates or their authorized representatives to this effect.
26 PART III OF THE ELECTION OBSERVATION
Art. 123 - Non-governmental organizations, associations or groups, eager to be approved by the Independent National Electoral Commission to supervise the conduct of voting until the delivery of the minutes to the Independent National Electoral Commission or its branches in territorial level must establish a legal existence and present their election observation report within ten days of the election date. To this end they shall designate observers whose maximum number in a polling station is limited to three. Art. 124 - The observer can in no way intervene in the operation of the polling station. However, there may be mentioned or to append to the minutes of the elections observations, protests or disputes relating to voting. Art. 125 - Each observer shall submit to the President of the polling station certificate from the organization, duly coated with the authenticated signature of the principal and that of the agent. Besides the warrant, the certificate must state:
1. the name; 2. date and place of birth; 3. the home; 4. indication of the organization and the office address; 5. the number, date and place of issuance of the national identity card or passport national observer for the foreign observer; 6. the exact description of the district for which he is appointed; 7. the number of the voter card and the exact indication of his polling station for the national observer.
Mention is made in the minutes of voting with all the observations made by each observer. Observers may vote at the polling stations where they are mandated to the case of the presidential election and the referendum, or in the electoral district where they are registered in the case of legislative and local elections. Art. 126 - Duly authorized foreign observers and hold a title under Article 125 of this Code are entitled to free the issuing of entry visas and stay for the duration of their mission in Madagascar. In addition, they are entitled, during the same period, the resident status for pricing on hotel expenses, transportation, car rental and other services.
27 They have in fulfilling their mission, maintain public order and comply with the laws and regulations in the country. Art. 127 - At the end of their mission, any authorized observer must file a report with observations of the Independent National Electoral Commission.
THE NATIONAL ELECTORAL COMMISSION INDEPENDENT
Art. 128 - The Independent National Electoral Commission is responsible for organizing and managing elections and referendums, and to publish the provisional results. It ensures compliance with the electoral legislation at all levels to ensure the credibility of the elections. She enjoys administrative autonomy. Art. 129 - The college of representatives of candidates attends, ex officio, as an observer, in the work of the Independent National Electoral Commission and its territorial divisions during the election period. Art. 130 - In accordance with the Constitution, the law organizes the modalities of operation of the Independent National Electoral Commission.
LITIGATION CHAPTER I JURISDICTION IN MATTERS CONTENTIOUS
Art. 131 - The High Constitutional Court decides on any request on a contentious referendum, the election of the President of the Republic, legislative and senatorial elections. The administrative courts are judges in first and last instance all appeals in respect to local elections. The State Council shall act in cassation, on any appeal for violation of the law against the judgments of the Administrative Tribunals. The final decisions of the courts in electoral disputes, are binding on all institutions, public authorities at all administrative authorities and the Independent National Electoral Commission and all courts except for matters of state. In any case, any electoral disputes must be processed within three months from the official announcement of final election results.
28 CHAPTER II PROCEDURE
In the proceedings before the competent courts
Art. 132 - Within ten clear days after the close of voting, any elector duly registered on the electoral roll and who vote has the right to apply, as appropriate, the High Constitutional Court or the Administrative Court, all claims and disputes over the proper conduct of the election in the electoral district where they are registered, or on the regularity of voting that took place in the spring of the polling station where he is registered. The same right is granted to each candidate or his representative or his agent in all or part of the constituency concerned by his candidacy. He may also contest the election results of the poll or denounce non-compliance with conditions or legal requirements as provided in this chapter. Any national observer has the same right of complaint, protest and denunciation recognized voters and candidates or representatives of candidates, as provided for in the two preceding paragraphs and in all the polling stations for which it is mandated. Art. 133 - The use of public property and the public authority, for the purpose of electioneering results in the cancellation of the vote eventually obtained by the option or candidate or list of candidates in question, or in the localities where the infringement was established, without prejudice to the application of penalties under Article 148 of this Code to the place of those offenders. Art. 134 - On request of any interested person or on finding the Independent National Electoral Commission or its branches at the territorial level, all political authority, any official authority, civil or military, election candidates, having exercised the public powers they have to influence the choice of the voters may be disqualified. The disqualification of the offending candidate or list of candidates to which he belongs, according to the voting modalities of the class of relevant election may be decided by the competent court within fifteen days after polling day if it considers the charges against the offending candidate are considered justified. The judgment of the Administrative Court made on disqualification is likely to appeal before the State Council within three days of notification. The Court shall rule within a maximum of seven days from the date of referral. Any candidate or list of candidates which falls under Article 157 below, also incurs disqualification.
29 Art. 135 - The original application may be filed:
1. either directly with the registry of the competent court which delivers a receipt on the spot;
2. either by registered at the Registry of the competent court: in this case, the received recommendation takes the place of receipt. The applicant may announce in this court, by the quickest route, the date of its registered; 3
. either at the Registry Court of First Instance notes that the polling place or domicile of the applicant; the registry receipt delivers on the field and passes the request by the quickest route to the Registry of the High Constitutional Court or the Administrative Court, as applicable;
4. or to the Head of District for communities lacking postal service delivery against a receipt. The receipt serves as a receipt. The Chief of the District shall forward the said request by the quickest route to the Registry of the High Constitutional Court or the Administrative Court, as appropriate.
Art. 136 - The application, in duplicate, provided any costs of stamp and registration, must to be admissible, be signed and include:
- the applicant's name; - His home; - A certified copy, for free of his voter registration card or a certificate issued by the
Independent National Electoral Commission or its agencies at local level, as appropriate;
- Designation of the option or the full name of or elected, as the case whose election is contested;
- Invoked the pleas and arguments. All documents submitted in support means must be annexed to the application. These can be either authentic or official documents or testimony in a written and collective form signed by three witnesses present at least mentioning their name. The High Constitutional Court or the Administrative Court, as the case discretion to assess the probative value of the produced parts. Art. 137 - The application is notified, as appropriate, by the Registry of the High Constitutional Court or the Administrative Court to the President of the polling station in question and the support committee or elected whose election is contested. Interested persons may produce a defense within fifteen days of the notification. At the end of that period, either party has successively and in turn, for a period of fifteen days to respond to the defense or rebuttal. However, the parties may not submit more than two memories.
30 Fault for the Administration or the parties to provide their findings and resources within the time limit, a notice may be addressed on their formal instruction of the President or the rapporteur, by the Registrar requiring them to complete their files in three days following notification of the injunction. If the notice has no effect, the court rules. In this case, if the defendant who has not observed the deadline, it will be deemed to have consented to the facts contained in the application; when it is the claimant, the court defined according to the circumstances whether this failure implies its share cancellations. The competent court shall act under the combined provisions of legislative and regulatory requirements concerning its jurisdiction and the ordinary electoral disputes. Section 2
Art. 138 - The Supreme declaration must be presented, under penalty of foreclosure, within ten calendar days from the pronouncement of the judgment appealed. It can not be applied any time away. The appeal does not have suspensive effect. Art. 139 - The appeal is by written request of the interested party. The application must, under penalty of inadmissibility:
1. indicate the name and address of the parties; 2. the date of the contested judgment; 3. contain the legal arguments and conclusions.
All documents submitted in support means must be annexed to the application. These can be authentic or official documents, three stories in the form of written and self declaration signed by each witness their signatures to be legalized. Art. 140 - The statement of Cassation is lodged at the Administrative Court which delivered the judgment or if the registry of the First Instance Court of the spring, against a receipt. The record, including the impugned judgment, is transmitted by the registry of the administrative court of the State Council. Art. 141 - The Supreme act must be filed with the Registry of the State Council within one month of Cassation statement. Art. 142 - Upon receipt of the file, the President appoints a rapporteur.
Interested persons may produce a defense within ten days of notification. At the end of that period, either party has successively and in turn, for a period of fifteen days to respond to the defense or rebuttal. However, the parties may not submit more than two memories. Fault for the Administration or the parties to provide their findings and resources within the time limit, a notice may be addressed on their formal instruction of the President or the rapporteur, by the Registrar requiring them to complete their file within ten days following notification of the injunction. If the notice has no effect, the court rules. In this case, if the defendant who has not observed the deadline, it will be deemed to have consented to the facts contained in the application; when it is the claimant, the court defined according to the circumstances whether this failure implies its share cancellations. The Rapporteur is required to submit its report within a maximum period of one month. The file is then forwarded to the General Law Commissioner for conclusions. Art. 143 - Within seven days of the date of transmission, the Commissioner General of the law makes a role of proposal. The files are then recruited, through the President. Each role of audience is brought to the attention of the parties by five days display channels at least before the hearing date. Art. 144 - The violation of the law includes:
- misapplication or misinterpretation; - Failure to observe the formalities prescribed on pain of nullity; - The absence of reasons.
Art. 145 - The State Council, the Court of Cassation training consists of:
- President, and - four Councillors supplemented in his absence by auditors.
In the absence of the President, the senior adviser in the highest rank of the State Council shall deputize. Art. 146 - At the hearing, the Speaker shall call the Rapporteur, the parties or their representatives or their lawyers and the General Commissioner of the law to its findings. The parties and their representatives may only make oral submissions in support of their writings.
32 Art. 147 - The decision is made on the day of the hearing after deliberation. It is published in the Official Gazette of the Republic. Art. 148 - If the cassation appealed judgment, the State Council recalls and statue in the background. If necessary, he ordered new elections. Art. 149 - On the points that are not regulated by this Act shall be applied to the Organic Law n ° 2004-036 of 1 October 2004 on the organization, powers the operation and the procedure before the Supreme Court and the three courses the component as well as law No. 2001-025 of 9 April 2003 concerning the Administrative Court and the Finance Court.
PART VI CRIMINAL PROVISIONS
CHAPTER OF CONSTITUENT OF FRAUD OFFENSES
THE EXERCISE OF VOTING Art. 150 - shall be punished with imprisonment from six days to one year and a fine of 400,000 to Ar Ar 4,000,000 or one of these penalties:
1... any person who is or has attempted to register unduly on the electoral roll under a false name or false qualities, or making use of any fraud or statements or concealed disability required by law or demanded and obtained his inclusion on two or more lists;
2. anyone who deliberately or unduly: a. did register a citizen in the voter list; b. failed to register a citizen in the voter list; c. was removed from the voters list the registration of a citizen.
. any person convicted of fraud in the issue or production of a certificate of registration or disenfranchisement;
4. every person who voted or under a registration obtained in one of the cases provided for in the preceding paragraphs, or by falsely taking the full names and qualities of a registered voter;
5. anyone who is registered on more than one census register a Fokontany for its inclusion in several electoral lists;
6. anyone who took advantage of a multiple registration to vote multiple times; 7. all complicit in these crimes.
CHAPTER II OFFENCES RELATING TO ELECTION PROPAGANDA
Art. 151 - Those who, during the election campaign, uttered by speech, by written submissions or distributed, were causing fights, brawls that disturbed order and public security
33, shall be punished an imprisonment of six months to three years and a fine of Ar. Ar 2,000,000. 20,000,000 or one of these penalties. Any officer who forced his or her agents to make electoral propaganda incur the same penalties. Art. 152 - The committed libel either by speech, cries uttered during a propaganda or by writings, drawings or photographs distributed during the campaign continued in accordance with legislative or regulatory provisions governing audiovisual communications. Art. 153 - The insulting the authorities or the offense to the State Institutions Malagasy during an election campaign, is punishable by six months to three years imprisonment and a fine of 2,000,000 to Ar Ar.. 20,000,000. Art. 154 - Any person convicted of embezzlement and public property for the purpose of election propaganda is punishable by the penalties provided for by Articles 168 to 171 of the Penal Code. Art. 155 - Any fraud or breach in the regulation of propaganda under Articles 39 and following of this Code is punishable with imprisonment of six months to three years and a fine of 2,000,000 to Ar Ar 20,000,000.. or one of these penalties. Art. 156 - A fine of 1,000,000 to Ar Ar 10,000,000 with or without a prison sentence of one to six months, is applied to people who have soiled or torn election posters of any.. kind. The same penalties are also applied to those who have destroyed or overthrown by any means, in whole or in part, of electoral billboards. Art. 157 - Whoever, during the election campaign, disturbed the public peace by way of brawls, fights and other assaults, through beatings, killings, destruction or damage to property, directly or indirectly through intermediaries or group of people, is punishable by the penalties provided by the Penal Code following each case considered. Is considered an accomplice of the above specified actions and punished with the same penalty, all or any competent authority responsible for the security forces, voluntarily refraining from signing a requisition or run it, while conditions required for this signing or enforcement are met.
34 CHAPTER III OFFENCES COMPONENT DRAG TO FREEDOM
AND SINCERITY OF VOTES AND VOTING Art. 158 -. A penalty of imprisonment from two to six years and a fine of 1,000,000 to Ar Ar.10.000.000 or one of these penalties, anyone who took by force or diverted from their destination of vehicles of all kinds and transporting election materials printed and other election materials. If such acts were committed with guns wearing visible or hidden, without any need to distinguish here between weapons by nature and details of the instruments by the weapons use that can be made, the penalty is five to ten years' imprisonment and a fine of Ar. Ar 2,000,000. 20,000,000 without prejudice to the application of heavier penalties provided by law in case of use of such weapons. Art. 159 - Those who by acts or omissions, even outside the polling stations, have damaged or attempted to damage the integrity of the election, violated or attempted to violate the secrecy of voting, prevented or attempted to prevent transactions polling or impede the smooth conduct of the elections or by the same acts or omissions have changed or tried to change the results, are punishable by one to five years imprisonment and a fine of Ar. 600 000 to Ar. 6 000.000. Is also the same penalties:
- any member of the polling station that violated the provisions of Article 99 of this Code;
- Any member of the polling station who, by his actions, deliberately caused a manifest discrepancy between the number of ballots and the number of émargements in the electoral list;
- All political authority, any official authority, civil or military, making propaganda on behalf of an option, a candidate or list of candidates.
Art. 160 - Those who have used coercion or abuse of power accompanied or not of violence in order to influence or change the choice of one or more constituents are punishable by five to ten years' imprisonment and a Ar.2.000.000 fine of Ar. 20,000,000 without prejudice to the application of heavier penalties provided by law. Art. 161 - When a crowd, assault or threat, one or more citizens are prevented from exercising their civil rights, each of the guilty is punished with imprisonment from six months to two years and the prohibition of the right to vote and to be eligible for at least five years and ten years. Art. 162 - Any seller and each vote of buyer are each sentenced to a fine equal to twice the value of things received or promised.
35 In addition, any person who, during an election or a referendum, has bought or sold a vote at any price, is deprived of his civil rights and declared incapable of exercising any public function or prohibited to exercise any elected public office for five to ten years. Art. 163 - Anyone who violates the provisions of Article 57 and Article 76 paragraph 3 of this Code is punished with imprisonment of three months to two years and a fine of 400,000 to Ar Ar 4,000,000.. without prejudice, if any, more severe penalties which may be provided by law. Art. 164 - Notwithstanding the provisions of Articles 462 and 463 of the Penal Code, no mitigating circumstances can not be accepted for individuals found guilty of offenses under this Code, as well as their co-perpetrators or accomplices. The provisions of Articles 569 and following of the Code of Criminal Procedure does not apply to them.
PROSECUTION OF OFFENCES Art. 165 - The prosecution in the light of the report of the Independent Electoral Commission or its branches, is empowered to prosecute offenses relating to fraud relating to enrollment on the electoral roll and the exercise of the right to vote, obstruction of freedom and integrity of the election as well as corruption and violence penalties are provided for in this Code. The Public Prosecutor or the public prosecutor before it the report of the Independent National Electoral Commission initiates prosecution by summary trial procedure or direct quotation. Art. 166 - The Independent National Electoral Commission and any administrative authority may ask the competent public prosecutor to prosecute perpetrators of the offenses listed in this Code which they are aware. The members of the Independent National Electoral Commission have quality reporting officer in the context of this Code. Art. 167 - No criminal proceedings may be initiated against a candidate whose nomination was recorded, until the proclamation of the results, except in cases of flagrante delicto.
TITLE VII TRANSITIONAL AND FINAL
Ar 168 - Exceptionally, for the first presidential and legislative elections of the Fourth Republic.
- The voters list will be subject to a systematic review whose period is determined by a decree of the Council of Ministers after consultation with the Independent National Electoral Commission;
36 - settlement of electoral disputes and the proclamation of the final results of the first presidential and parliamentary elections under the jurisdiction of a special ad hoc chamber within the High Constitutional Court called Special Electoral Court.
The organization, functioning and powers of the said House shall be determined by an organic law. Art. 169- Separate laws shall establish provisions for each type of election, but not derogate from those of this Code. Art. 170 - Texts of laws and regulations shall prescribe as necessary, the procedure for implementing this Code. Art. 171 - are and shall remain abrogated all previous provisions contrary to this organic law, including the amended Ordinance No. 2010-003 of 23 March 2010 Organic Law of the Electoral Code. Art. 172 - Due to the urgency, and in accordance with Article 4 of Ordinance No. 62-041 of 19 September 1962 on general provisions of internal law and private international law, this law comes immediately into force once it has received a publication by radio and television broadcast or display. Art. 173 - This organic law shall be published in the Official Gazette of the Republic. It will run as the organic law of the state.
Antananarivo, May 18, 2012
THE CHAIRMAN OF THE BOARD OF TRANSITION, THE PRESIDENT OF THE CONGRESS OF THE TRANSITION
Rasolosoa Dolin RAKOTOARIVELO Mamy