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Law No. 2012-004 Establishing The Organization, Functioning And Powers Of An Independent National Body Called Independent National Electoral Commission For The Transition

Original Language Title: Loi n°2012-004 fixant l’organisation, le fonctionnement et les attributions d’une structure nationale indépendante dénommée Commission Électorale Nationale Indépendante pour la transition

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Law No. 2012 - 004



Law No. 2012 - 004

Establishing the organization, functioning and powers of an independent national body called Independent National Electoral Commission
for the transition

EXPLANATORY STATEMENT The Constitution of 11 December 2010 and Law No. 2011-014 of 28 December 2011 laying
insertion into the internal legal order of the Road Map signed by the Malagasy Political Actors September 17, 2011 assign the organization of elections in an independent national structure; this law establishes, in general, the organization, functioning and powers of the Independent National Electoral Commission and its branches at territorial level during the transition period.
The main tasks of the Independent National Electoral Commission with
full power include: - organizing and supervising elections; - Process and publish the provisional results of the poll; - Enforce the electoral law on the entire national territory for
ensure the organization of free, fair, transparent and credible elections; - Mobilizing civil society and coordinate activities related to voter education and
civics; - Contribute to the development of the legal framework for the electoral process.
Finally, the Independent National Electoral Commission may, in the
its duties, delegate, as appropriate, some of its powers to its territorial branches.
This is the purpose of this Act.




Law No. 2012-004

establishing the organization, functioning and powers of an independent national structure called
Independent National Electoral Commission for the Transition The Superior Council of the Transition and the Congress transition adopted in their respective session dated 20 January 2012 and 24 January 2012, the law which reads as follows:


General TITLE
Article I - The present law determines the organization, functioning and powers of the National Electoral Commission of the Independent Transition.
Art. 2 - The Independent National Electoral Commission is a collective body responsible for the organization and management, in full independence, neutrality and impartiality of the electoral process during the transition period.
It is the moral guarantor of the authenticity of the ballot and the sincerity of the vote.
It enjoys administrative and financial autonomy.
A regulatory text sets out how this autonomy.

Art. 3 - The Independent National Electoral Commission in the General Assembly and rule by decision taken by consensus of its members, the cases assigned to their competence by the Constitution and this Act, and shall monitor their implementation. Failing agreement, decision making can be exceptionally by a vote in accordance with the procedural rules laid down by the rules in the matter.

Art. 4 - The headquarters of the Independent National Electoral Commission is located in Antananarivo. However, if needed, it can be transferred to any other place in the country by decision of the Permanent Bureau in accordance with the decision of the Independent National Electoral Commission.

TITLE II Organisation and operating procedures of the Independent National Electoral Commission

CHAPTER I Responsibilities and powers of the Independent National Electoral Commission

Art. 5 - The Independent National Electoral Commission shall:
- operations relating to the electoral list; - Supervision and organization of elections; - Processing and the publication of provisional election results; - The definition of electoral education policy and coordination of
related activities.
The Independent National Electoral Commission may delegate some of its powers to its territorial branches.
Art. 6 - The Independent National Electoral Commission determines the
electoral calendar in collaboration with international experts within a period of sixty days from the establishment of the Permanent Bureau. The election date is adopted by the General Assembly of the Independent National Electoral Commission. It is endorsed by a decree of the Council of Ministers.

Art. 7 - The Independent National Electoral Commission issues the approvals for the observation of elections to national or international organizations that request it under the terms prescribed by the Electoral Code.
The implementing rules of this Article shall be determined by decision of the Independent National Electoral Commission.
Art. 8 - The Independent National Electoral Commission shall ensure strict compliance of the electoral law that it be scrupulously respected by both administrative authorities and the political parties, candidates, their representatives and their supporting committees, the organizations operating in election observation and by voters.
To this end, the Independent National Electoral Commission is vested with:
- power to appoint members of the territorial divisions; - Alternative to action against officials after notice
was unsuccessful;

- Referral to the competent courts;
Art. 9 - In the exercise of its functions, the Independent National Electoral Commission receives nor seeks instruction, order or injunction of any public authority, private or political.
It can, however, seek help, assistance or support of various entities without endangering its independence.
The Independent National Electoral Commission shall receive gift item
neither nature nor in cash from an authority likely to be a candidate.
Art. 10 - The Independent National Electoral Commission may be seized by any voter for offenses committed by a candidate or a list of candidates or members of the polling station or by officials or officers of the Authority during the elections or work on the electoral register and, exclusively in the polling station to which the claimant is registered and voted.
To this end, it replaces the voter stated in the first paragraph above and takes to his account, referral to the competent courts and proceedings relating to electoral offenses.
In addition, it is entitled to appear before the competent jurisdictions:
- either a termination request; - A request to contest; - A complaint repression; - A contentious election petition.

Art. 11 - The Independent National Electoral Commission may be seized by each candidate or list of candidates or by the delegate of the candidate of crimes committed by another candidate or list of candidates or members of the polling station, or auxiliary officials Administration during the electoral process or the work on the electoral lists in all or part of the constituency concerned by his candidacy.
The same right is also recognized in any election observers in all polling stations for which it is mandated.
Art. 12 - The Independent National Electoral Commission may propose the translation before the Disciplinary Board of the Public Service of any official auxiliary of the Administration, by acts or omissions, have deliberately obstructed the implementation of the electoral legislation force.
It notifies the supervisor is required to translate the officer concerned before the Disciplinary Board.

Art. 13 - Local housing the offices of the Independent National Electoral Commission shall be inviolable and its branches are placed under the protection of law enforcement required by it.
Art. 14 - The members of the Independent National Electoral Commission and its agencies have the right to access all information sources allowed by the legislation in force and publicly available relating to elections.
They are provided with a function card signed by the President of the Independent National Electoral Commission to facilitate the accomplishment of their missions.
The characteristics of said board must receive sufficient publicity.
The administrative authorities and, in general, all stakeholders in the electoral process must provide all information and communicate all documents they may need in the exercise of their functions.
Art. 15 - In accordance with the Electoral Code, the members of the Independent National Electoral Commission have quality enforcement officer.

Art. 16 - In the performance of its duties, the President of the Independent National Electoral Commission may, where necessary, enter the representative of the State with territorial jurisdiction to request the security forces, in the form and regulatory conditions.
Art. 17 - Irregularities committed by political parties, support committees of candidates or voters, the administrative authorities are carried by the Independent National Electoral Commission before the competent courts ruling within seven days after the finding of infringement .
Art. 18 - In carrying out its tasks, the Independent National Electoral Commission may use all the skills it deems appropriate.
At the request of the Independent National Electoral Commission, officials of the state can be made available by the competent authorities.
Art. 19 - The provisions of Articles 15 to 17 above do not apply to members from parties or political groups signatories of the Roadmap.


CHAPTER II Composition and
members of the Independent National Electoral Commission
Art. 20 - The Independent National Electoral Commission is composed of twenty four members according to the following breakdown by category:
- Category A: the President of the Independent Electoral National Commission
recruited on terms and the criteria defined by this law;
- Category B: ten members representing entities of civil society including: three from the organizations involved in election observation; one from organizations working for the education of citizens; one from associations of human rights; one from the College of journalists elected by his peers; one from the Corps of Civil Administrators elected by the General Assembly in
convened and led by the dean of the senior officers;
one coming from the Bar elected by his peers; a teacher right holder of public universities designated by the
deans of law faculties of public universities; a magistrate from the Corps of Madagascar Magistrates elected by his peers
convened General Assembly and headed by the senior most senior officers.
- Category C: two members from the Authority that: a part of the administration of the territory representative
Ministry for the Interior; a part of the Ministry of Decentralization.
- Category D: a representative of each of the eleven parties or political groupings
signatories of the Roadmap.
The appointment of members of the Independent National Electoral Commission will be made with the assistance of international partners and takes into account the national representation including that of gender.
The lack of designation of representative due to the absence of a proposal by the source entity does not constitute an obstacle to the normal and regular functioning of the Commission.
Art. 21 - Can be appointed to the Independent National Electoral Commission, all Malagasy citizen who meets the following conditions:
- have at least 21 years from the date of appointment; - Enjoy their civil, civic and political; - Not have been convicted of crimes or common crimes.

Each member is nominated by his source organization within fifteen days at the latest after the enactment of this Act. That organization may, if it deems necessary, conduct an investigation of morality of the applicant near the prosecutor.
In addition, members of the Independent National Electoral Commission and its branches from civil society must make a sworn statement that they do not belong to any party or political organization.
Art. 22 - Every political actor signed the Roadmap entitled to a representative on the Independent National Electoral Commission at the national level. At the branches of the Independent National Electoral Commission, the representation takes into account the signatory parties or political groupings of the Road Map.
The members of the Independent National Electoral Commission and its branches from the signatory political parties or groupings of the Road Map participate in all meetings with voting in the decision-making process of the General Assembly.

They are not eligible for the functions of members of the Permanent Bureau of the Committee.
Art. 23 - Each candidate in the presidential election may appoint two representatives of the structures of the Independent National Electoral Commission to monitor the work of the electoral process, and from the date of publication of the official list of candidates to the final announcement of results. They enjoy observer status, will not take part in discussions, do not vote and do not receive any benefit or compensation.
For other types of elections, terms of representation of candidates to the Independent National Electoral Commission and its branches are determined by specific laws relating to each of those elections.
In any case, the absence of representatives of the candidates for that title is an impediment or an obstacle to the conduct of the elections, nor a cause for cancellation of such operations.

CHAPTER III The system of incompatibilities

Art. 24 - The following are incompatible with the function of members of the Independent National Electoral Commission and its branches that of:


- Members of the Transitional Institutions; - Members of the Government of National Unity; - Member firms of all the Transitional Institutions; - Central and local administrative authorities; - Civil and military authority officials; - Elements of the Armed Forces, all Corps confused weapon; - Elected members of regional and local authorities.

Art. 25 - Any member of the Independent National Electoral Commission and its branches appointed to a post incompatible with that of members of the commission expressed resigned.
Any member of the Independent National Electoral Commission, if it has not rejected automatically, may be challenged at the request of any interested party if it is in one of the cases listed by the provisions of articles of title VI of the Civil Procedure Code on the challenge.
Art. 26 - The functions of members of the Independent National Electoral Commission and its branches are incompatible with any elected public office.
The members of the Independent National Electoral Commission and its branches can not be a candidate for any elective public office during their term. CHAPTER IV

The appointment procedure and mandate of members of the Independent National Electoral Commission

Art. 27 - Each member of the Independent National Electoral Commission, at all levels, is officially designated in writing by his source organization. This designation forwarded to the President of the High Transitional Authority is established by decree of the Council of Ministers for members at national level, and by a decision of the Independent National Electoral Commission for the branches.
Failing recognition by decree within fifteen days from the date of receipt of the names of representatives nominated by the entities concerned, they take an oath and exercising right of their intended mandate.
The source entity can no longer withdraw the representative appointed by it as a member of the Independent National Electoral Commission except in cases provided for in Article 30 below.
Art. 28 - If any of the entities referred to in Article 20 above could not provide his representative in excess of seven days after the formal establishment of the

Independent National Electoral Commission, the General Assembly of the Independent National Electoral Commission confirms the vacancy of the position and it continues normal operation based on the number of vacancies.
In any event, the absence of representatives of one of the component entities, proposed fault of his own, does not constitute an obstacle or impediment to the establishment and regular functioning of the Independent National Electoral Commission or its branches.
Art. 29 - Before taking office, the members of the Independent National Electoral Commission must take an oath in solemn audience of the Supreme Court in the following terms:

"Mianiana aho fa hanatanteraka year-Kitsi-po sy ny ny Iraka raharaha hampiandraiketina ahy ao anivon'ny Vaomieram-Pirenena Mahaleotena misahana ny Fifidianana ka Hiasa amim-pahaleovantena tanteraka, tsy misy fiandaniana, ny tsy hamboraka tsiambaratelo takian'ny asa ao ny anatin'ny fanajana Lalàmpanorenana sy ny Didy-aman dalana mifehy sy ny ny Fifidianana Vaomiera ".

Art. 30 - In case of serious misconduct or violation of the oath provided for in Article 29 above, by one of its members, the Independent National Electoral Commission may take any useful measures against him up to ask for his replacement by the source entity.
The rules implementing the provisions of the preceding paragraph shall be determined by the internal regulations.
Art. 31 - The members of the Independent National Electoral Commission and of the Permanent Bureau and the Executive Secretariat officials are subject to the declaration of assets.
Art. 32 - The members of the Independent National Electoral Commission and the Permanent Bureau ends with that of the transition period.
In case of vacancy, there shall replace the member concerned in accordance with Articles 20 and 27 above for the unexpired term.
Art. 33 - In the exercise of their duties, members of the Independent National Electoral Commission act independently, impartially and objectively. They can in no way participate in an election campaign.
Art. 34 - The members of the Independent National Electoral Commission are personalities of high integrity, good character and with the required skills and sense of fairness.


They carry the title of National Electoral Commissioner.
Art. 35 - The members of the Independent National Electoral Commission benefit from the provisions of Article 512 of the Criminal Procedure Code when they are likely to be charged with a crime or offense committed in the exercise of their mandate.
Art. 36 - Except in cases of flagrante delicto, the members of the Independent National Electoral Commission can not be prosecuted, searched, arrested, detained or tried for opinions expressed or acts committed in the exercise of their functions.
Art. 37 - During their term, members of the Independent National Electoral Commission and its branches are entitled, in the exercise of their functions, protection of their persons, members of their families and their property.

CHAPTER V Organization of the Independent National Electoral Commission

Art. 38 - The CENI has a Permanent Bureau composed:
- the Chairman of the Independent National Electoral Commission; - Two Vice-Presidents; - Two General Rapporteurs.
It is provided to the position of Chairman of the Independent National Electoral Commission by
use an application to appeal process open to non-partisan personalities and nationally recognized, members or not members of the Independent National Electoral Commission .
Addition to the requirements of Articles 24 and 25 of this Act, any candidate
as Chairman of the Independent National Electoral Commission must meet additional criteria below:

A) be aged 45 or over at least the closing date for applications; b) not be a member of any political party or group; c) hold at least a master's degree or its equivalent and
justify a professional experience of at least 15 years in an area of ​​potential interest to the Independent National Electoral Commission;
D) demonstrate the ability to work in difficult conditions within a multidisciplinary team in compliance Fihavanana and the Transitional Institutions, to plan and organize work, to communicate in French and Malagasy.
If the candidate elected as President of the Independent National Electoral Commission
is a member of the Independent National Electoral Commission, it is made for his replacement in the same conditions as those prescribed by the provisions of

20 and following of this law.
To apply to other items of the Permanent Bureau, the grantee must be a member of the Independent National Electoral Commission from the category of entities from civil society and meet the conditions of Articles 24 and 25.

Art. 39 - Following the adoption of the Internal Rules, the Provisional Committee of the Independent National Electoral Commission declares the opening of nominations for the post of President by publication of the offer. The Chairman of the Independent National Electoral Commission is appointed by consensus by the General Assembly; if it is performed its election by a secret ballot by a two-ballot system. Was elected in the first round the candidate with at least two thirds of the votes cast. Failing this, the President of the Independent National Electoral Commission shall be elected in the second round with an absolute majority of the votes of the two candidates with the largest number of votes in the first round. In this case, if two candidates ranked in second is a tie, there shall be a single ballot for the tie before the second round of the election itself. In any event, the election of the President of the Independent National Electoral Commission must be made no later than seven days after the adoption of the Charter.
If the President-elect is a new member, he will be sworn in before the Supreme Court within forty-eight hours after his election. In the event that the President-elect is already a member of the Independent National Electoral Commission, he shall be replaced on the same process that led to its designation.
The other members of the Permanent Bureau shall be elected by an absolute majority of votes cast. The quorum required to hold the election of Chairman and other members of the Permanent Bureau of 4/5 of the Members of the National Independent Electoral Commission.
Art. 40 - The Independent National Electoral Commission comprises sub-commissions below the list is not exhaustive:
- Subcommittee for Legal Affairs and Litigation; - Subcommittee logistical issues; - Subcommittee for monitoring and evaluation; - Subcommittee of citizenship education and relations with the civil society
; - Sub-committee of the projects and the partnership; - Sub-committee responsible for relations with the political parties.
The commission members are divided between the various subcommittees.
Each subcommittee is under the coordination of a member of the Permanent Bureau
other than the President. If the number of sub-committees than are other members of the Permanent Bureau, the General Assembly elects the

Coordinator among the other members of the civil society entity.
Art. 41 - The President of the Independent National Electoral Commission directs and coordinates the work of the Independent National Electoral Commission.
It must have a special activity report after each election session and a comprehensive report at the end of his term on the activities of the Independent National Electoral Commission to address all institutions of the Republic.
Art. 42 - In the event of permanent incapacity or vacancy of the position of President, the Vice President the oldest temporarily replaced in his duties.
It is provided for the vacancy in accordance with Articles 39 and 40 within thirty days following the recognition of the vacancy.
There is be no replacement if the vacancy occurs within ninety days of the end of the mandate of the commission.
Art. 43 - The Independent National Electoral Commission has a National Executive Secretariat, which coordinates operations at national, regional and local level.
Art. 44 - The National Executive Secretariat is the technical administrative structure for the implementation of decisions of the Independent National Electoral Commission for the implementation of pre-electoral operations, electoral and post-electoral. As such, under the supervision of the Permanent Bureau on the one hand, it prepares and makes proposals to the General Assembly, including projects of enforcement of legal texts, guides and methodological procedures, proposals for allocation of technical personnel and other operational, implement the decisions adopted by the Independent National electoral Commission and performs the operations relating to the electoral process.
Art. 45 - The Executive Secretariat is headed nationally by a National Executive Secretary.

Art. 46 - Without prejudice to the provisions of Articles 64 to 70, the administrative and technical staff of the National Executive Secretariat required is recruited by the Independent National Electoral Commission with the support of international partners, based on the criteria of competence, experience and morality in a bid to appeal.
Art. 47 - The status of members of the National Executive Secretariat falls under the provisions of the Labour Code.
The organization of the National Executive Secretariat is subject to the deliberation of the General Assembly of the Independent National Electoral Commission on the proposal of

National Executive Secretary. CHAPTER VI

terms of operation of the Independent National Electoral Commission
Art. 48 - The Independent National Electoral Commission shall be convened by its Chairman. However, it may sit validly only if a majority of its governing members is present at the opening of the session. If this quorum is not reached, the meeting is adjourned to a date which shall not exceed forty-eight hours. In this case, the meeting is held regardless of the number of members present.
The commission deliberates by relative majority of its members deliberating. In case of a tie, the Chairman has the casting vote.
In addition, it takes a relative majority of legislative members present all the decisions necessary to ensure the proper functioning of its services.
Art. 49 - The Independent National Electoral Commission replaces statutory responsibilities including its branches in case of failure thereof.
Art. 50 - The first meeting of the Independent National Electoral Commission, headed by a provisional Bureau is dedicated to:
- the adoption of the Internal Rules; - The election of Chairman and other members of the Permanent Bureau and the
subcommittees coordinators.
The provisional Bureau meeting will be conducted with the assistance of international partners.
This first meeting is convened on the initiative of the first President of the Supreme Court after the swearing-in session.
The Provisional Committee is constituted by the oldest member and the member least old all from the entity civil society. They respectively hold the offices of President and Secretary. The Provisional Committee ceases to office office after the exhaustion of the agenda.
Art. 51 - The Independent National Electoral Commission has an operating budget and a specific budget for each electoral process category.
The appropriations necessary to the operation of the Independent National Electoral Commission and its branches can be included in the general state budget. the

Independent National Electoral Commission may also receive aid and grants from other funding sources, including foreign States and / or international organizations.
For this purpose, a special measure of monitoring and control of financial management will be implemented in coordination with donors.
The budget of the Independent National Electoral Commission under the General State Budget, regarding the chapter of expenditure is subject to the principles and rules of public finances.
The accounts of the Independent National Electoral Commission for funding under the State General Budget is held according to the rules of public accounting by an accountant appointed by the Office of the Commission from a list of five officials proposed the Minister of Finance.
The Independent National Electoral Commission is compelled to produce its accounts to the Court of accounts at the end of financial year and at the end of his term.
Art. 52 - Purchases and acquisitions made by the Independent National Electoral Commission will benefit from the facilities and the speed regime under the provisions of Law No. 2004-009 of 26 July 2004 on Public Procurement Code.
Art. 53 - The members of the Independent National Electoral Commission are entitled to benefits that guarantee their dignity and independence. These allowances are aligned with those of members of the Constitutional Jurisdiction.

Art. 54 - The territorial divisions of the Independent National Electoral Commission meet in electoral session convened by the National President.
Their operating modes are provided by the Internal Regulations of the Commission.

TITLE III Territorial Organization of the Independent National Electoral Commission

FIRST CHAPTER organization and operation

Art. 55 - The territorial divisions of the Independent National Electoral Commission are:
- the Regional Electoral Commission for the Region; - Electoral District Commission for the District; - Electoral Commission Communale for the Commune.

The Regional Electoral Commission represents the Independent National Electoral Commission, under the responsibility of an Electoral Commissioner appointed for this purpose, at the interregional level.
Art. 56 - The territorial divisions of the Independent National Electoral Commission are collegial bodies within hierarchically of the commission of which they receive guidance and instructions.
Art. 57 - The members of the territorial divisions of the Commission
Independent National Electoral expire at the end of the transition period.
They sit in session convened by the Chairman of the Independent National Electoral Commission.
Art. 58 - If any of the entities referred to in Articles 64, 67 and 70 below could not offer his representative beyond a period of fifteen days, the Independent National Electoral Commission can fill the vacancy following the planned distributions.
Art. 59 - The Independent National Electoral Commission shall issue an order appointing members of its branches. They may be dismissed in the same manner for the cases provided for in Article 30 of this Law.
Art. 60 - They are sworn in the same terms as those provided for in Article 29 above.
Art. 61 - The Permanent Bureau of the branches of the Independent National Electoral Commission is composed of a President, a Vice-President and two Rapporteurs.
They are elected by and among the members of the committee concerned in accordance with Article 39 and following above, and for the duration of the transition period. In case of vacancy of a member of the Permanent Bureau, iI is provided for the vacancy in accordance with Articles 39 and following within thirty days following the recognition of the vacancy. The provisions of Article 42 shall also apply in case of permanent incapacity or vacancy of the post of President of the Permanent Bureau of the branches of the Independent National Electoral Commission.
Art. 62 - The vacancy is established by decision of the Independent National Electoral Commission in the light of the report made by the Permanent Bureau.

However, there is be no replacement if the vacancy occurs within ninety days before the end of the mandate of the Permanent Bureau member.
Art. 63 - At the Fokontany, election officials are implementers of the Independent National Electoral Commission.
They are appointed by decision of the President of the District Electoral Commission on the proposal of Electoral Commissions Communal.

CHAPTER II Regional Electoral Commission

Art. 64 - The Regional Electoral Commission consists of ten members as follows:
- seven entities from civil society including:
three members from organizations involved in election observation; one member from the organizations involved in the education of citizens; a member from the body of magistrates elected by the Assembly in
General of the jurisdiction concerned, having significant experience in electoral matters;
one member from the Corps of Civil Administrators elected by his peers in convened General Assembly and headed by the senior most senior members of his constituency;
one member from the Bar elected by his peers;
- Three members from parties or political groups signatories of the Roadmap.

Art. 65 - Members of the Regional Electoral Commission shall have the title of Regional Electoral Commissioner.
They are sworn in the same terms provided for in Article 29 above before the Trial Court of the spring.

Art. 66 - The Regional Electoral Commission is assisted by a General Secretariat headed by an official part of the A or B of the Public Service on a list of five persons nominated by the Ministries concerned.


CHAPTER III Electoral Commission District

Art. 67 - The Electoral District Commission is composed of eight members as follows:
- three members from the entities of civil society; - A member from A Framework personnel or B Public Service designated by the independent National Electoral Commission
on a list of five persons nominated by the Ministries concerned;
- A judge elected by the General Meeting of the relevant jurisdiction; - Three members from parties or signatories of the political groupings
Road Map.
Art. 68 - Members of the Electoral Commission of District sworn in writing sent to the President of the Trial Court of the spring.
Art. 69 - The District Electoral Commission includes:
- Section Organization of Electoral Operations led by the member of the Electoral Commission of District from Frame A or B of the Public Service on a list of five persons nominated by the Ministries concerned ;
- Section Census equipment Votes led by Magistrate member of the Electoral Commission of District;
- The Electoral Monitoring Committee headed by the Deputy Chairman of the Electoral Commission District.

CHAPTER IV Electoral Commission Communale

Art. 70 - Communal Electoral Commission is composed of eight members as follows:
- three members from the entities of civil society elected by his peers; - Two members from the Civil Service selected from a list of at least three
persons proposed by the relevant Ministries; - Three members from parties or signatories of the political groupings
Road Map.
The meeting of each entity for the establishment of the Municipal Commission is convened by the Chairman of the Electoral Commission of District by radio ads and display track.
The members of the Electoral Commission Communale sworn in writing sent to the President of the Trial Court of the spring.

Art. 71 - The appointment of members of the Electoral Commission Communale is established by decision of the President of the Regional Electoral Commission on a proposal from the Electoral District Commission. TITLE IV


Final Provisions Art. 72 - The members of the Independent National Electoral Commission is in office by Decree No. 2010-142 of 24 March 2010 continue to perform their duties until the formal establishment of the new structure of the Independent National Electoral Commission of the transition.
Art. 73 - The President of the Republic shall terminate the general mandate of the National Electoral Commission of the Independent Transition, its members and its branches by decree of the Council of Ministers.
Art. 74 - Statutory instruments shall as necessary rules for the application of this Act.
Art. 75 - are and shall remain abrogated all previous provisions contrary to this law, namely Law No. 2011-008 of 26 August 2011 establishing the organization, functioning and powers of the Independent National Electoral Commission.
Art. 76 - Because of 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 Act shall take effect immediately once it has received a publication by radio and television broadcast or posting, regardless of its inclusion in the Official Gazette of the Republic.
Art. 77 - This law shall be published in the Official Journal of the Republic.
It will be enforced as a law of the state.
Antananarivo, January 24, 2012
THE PRESIDENT OF THE BOARD OF TRANSITION, THE PRESIDENT OF THE CONGRESS OF TRANSITION, pi



Rasolosoa Dolin RAZAFIANDRIAMBELO Njato Harinony