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ORGANIC LAW No. 2012-015 on the election of the first President of the Fourth Republic
EXPLANATORY MEMORANDUM Under Article 88 of the Constitution, an organic law rules on
the election of the first President of the Fourth Republic. In addition, the Constitution enshrines in articles 45-53 of the mandate, major
nomination conditions and modalities of the election of the President of the Republic.
In addition to these constitutional provisions, this organic law provides:
- the rate of the non-refundable deposit if the candidate did not get ten percent of the votes cast;
- The resignation of the Chairman of its function later than sixty days before the election date in case of candidacy;
- Application of the new requirements of the Electoral Code on the single ballot; - The treatment of various operations by the independent body in charge of elections; - The draw of the distribution and programming airtime allocated to
radio and national television; - The possibility of designating representatives of each candidate with
election administration, as observers during the election period; - The resolution of electoral disputes and the proclamation of the final results by
a Special Electoral Court.
This is the purpose of this organic law.
ORGANIC LAW No. 2012 - 015 on the election of the first President of the Fourth Republic
The High Council of the Transition and the Congress of the Transition adopted in
their meetings dated 10 July 2012 and 12 July 2012, the Organic Law, which reads as follows:
CHAPTER I. GENERAL PROVISIONS
Article I - Under Article 45 of the Constitution, the first President of the Fourth Republic is elected by direct universal suffrage for a term of five years. Pursuant to Article 47, paragraph 3 of the Constitution, the election takes place in the first round with an absolute majority of votes cast. If this is not achieved, the first President of the Fourth Republic was elected in the second round by a majority of the votes of the two candidates with the largest number of votes in the first round. The second round takes place thirty days later after the official proclamation by the Special Electoral Court of the first round.
CHAPTER II CONVOCATION OF VOTERS
Art. 2 - The decree writ issued by the Council of Government was published in the Official Gazette of the Republic ninety days at least before the date of the first ballot and brought to the attention of voters by any means including by broadcast channel and television. It should read:
1. the subject of the writ; 2. Election Day, the time when it must be opened and the time at which it must be closed
Art. 3 - In accordance with Article 47, paragraph 4 of the Constitution, the election of the first President of the Fourth Republic was postponed to a new date in the terms and conditions set out in Articles 3.1 to 3.4 below, in case of death of a candidate before a ballot or if there is another force majeure duly established by the Special Electoral Court.
Art. 3.1 - In case of death of a candidate before the first ballot as provided in section 3 above, the President of the Special Electoral Court shall immediately notify the Government will take in forty-eight hours a decree the postponement of the election date. Art. 3.2 - In case of death of one of the two candidates before the second round of voting as provided in section 3 above, the Special Electoral Court will replace the deceased candidate by the candidate came third in after the first ballot and shall notify the Government which takes in forty-eight hours a decree postponing the election date subject to the provisions of Article 3 of the first paragraph of this organic law. Art. 3.3 - In cases provided for in sections 3.1 and 3.2 above, the full amount of the deposit referred to in section 5 below is refunded to ayants- of the deceased candidate. Art. 3.4 - The provisions of Articles 3.1 and 3.2 above are applicable to cases of force majeure referred to in section 3 above.
In case of vacancy of the Presidency for any reason whatsoever, the Head of State's functions are exercised collectively by the Prime Minister, the President of the Superior Council of Transition, and the Congress President. In all cases, the postponement of the decree will be published in the same form as the Writs decree provided for in Article 2 above. Art. 4 - In the cases provided for in Article 52, first paragraph of the Constitution, the provisions of Articles 2 and 3 above remain applicable.
CHAPTER III ELIGIBILITY
Art. 5 - All candidates for the office of the first President of the Fourth Republic exercising public office is expected to resign as sixty days before the election date under the provisions of Article 46 of the Constitution. Any candidate for the office of the first President of the Fourth Republic, in addition to the conditions laid down in Article 46 of the Constitution, must:
1. physically reside in the territory of the Republic of Madagascar for at least six months before the day of the deadline for the submission of applications and be domiciled in the Republic of Madagascar on the filing date of the application;
2. be in order vis-à-vis the laws and regulations relating to registration on the electoral list and evidence of effective registration on the electoral list; 3
. having fulfilled its tax obligations and have paid including all applicable taxes of any kind preceding three years;
4. have paid at checkout des Dépôts the sum of fifty million ariary as security for costs incurred by the Administration for organizing the election of the first President of the Fourth Republic in particular as a contribution to costs printing;
5. not have been convicted of crimes or offenses.
Any candidate who does not get ten percent of the votes cast in the official results of the first round lose his right to repayment of the bond. The product of outstanding bonds is acquired by the state and paid into the general budget. Art. 6 - Individuals sentenced definitely not pardoned are neither eligible nor voters.
CHAPTER IV APPLICATIONS Section 1
Art. 7 - Any candidate for the office of the first President of the Fourth Republic applied for membership in a declaration bearing his signature legalized by the Commissioner of Police or the District Chief as appropriate. Art. 8 - At this statement is attached the following documents:
1. a certificate of birth or an individual record of civil status or a certified copy of his national identity card;
2. a Malagasy nationality certificate; 3. a certificate issued by the Tax Administration attesting that
met the requirements of Article 5 paragraph 3 above; 4. a sworn statement of the applicant that he has fulfilled all
Taxes and Charges of any kind preceding three years and whose perception is not within the competence of the department which issued the administrative certificate;
5. a sworn statement giving the complete composition of real estate and securities of the candidate and the nature of its revenues;
6. a certificate of residence; 7. a criminal record bulletin No. 3; 8. a written affidavit to respect the provisions of the Constitution
filed with the Special Electoral Court; 9. a certified photocopy of the receipt of payment of the deposit
fifty million ariary issued by the recipient of the cash deposits and consignments;
10. the matrix electronic specimen containing the features to be displayed on the single ballot.
Copies of sworn statements are transmitted to the Bureau Independent Anti-corruption by the care of the Special Electoral Court. Art. 9 - The file prepared in triplicate, accompanied by a parts inventory component, is lodged at the Special Electoral Court. It is mandatory deposit receipt issued. No withdrawal of candidature is accepted after the deadline of submission of applications. However, in case of withdrawal of candidature by the deadline of filing of application, the applicant may recover his sureties. Art. 10 - The decree of the Council of Government laying down the model of the documents mentioned in Articles 7 and 8 of this organic law and the period for submission of the application is published together with the writ of voters and brought to knowledge of voters by any means including through radio and television channels.
From the registration of candidates
Art. 11 - The files are transmitted as and when they are received by the Registrar to the President of the Special Electoral Court. The second copy of each file is forwarded to the President of the Independent National Electoral Commission for the Transition. The third copy is sent to the Interior Minister. Art. 12 - The President of the Special Electoral Court must ask the competent prosecutor who is required to deliver within twenty four one number two from the judicial records of the candidates. Art. 13 - The Special Electoral Court reviews the conditions of admissibility of applications and the eligibility of candidates as they result from this organic law. It sovereignly determines the characteristics used by each candidate in case of similarity in the composition of those characteristics. Art. 14 - The Special Electoral Court issues a final receipt of registration application if filed a case meets the admissibility requirements prescribed by laws and regulations. Otherwise, she refused registration by reasoned decision notified without delay to an address of the candidate.
The final receipt of application registration is authorized to campaign. Section 3
From the final list of candidates
Art. 15 - The list of candidates, describing their respective characteristics is abandoned later than five days after the application files deadline and displayed at the headquarters of the Special Electoral Court. Art. 16 - The final list of candidates, describing their respective characteristics is published in the Official Journal of the Republic. It is also brought to the attention of voters by any means, including radio and television channels.
CHAPTER V ELECTION OF OPERATIONS Section 1
In the election campaign
Art. 17 - The election campaign starts thirty days before the date of the first round and fifteen days before the date of the second ballot. It ends, in any case twenty-four hours before polling day. Art. 18 - The general terms of the campaign, display and holding election meetings are set by the Electoral Code and the texts for its application. Art. 19 - The Independent National Electoral Commission for the Transition ensures equitable distribution of free airtime or pay and their broadcast programming on National Radio and National Television or their regional offices as provided by the Electoral Code, to allow each candidate to present his program to the attention of voters. It is the same for the use of public places and buildings allowed. The distribution and programming as provided in the preceding paragraph are made at the beginning of the campaign and draw conducted by the Independent National Electoral Commission for the Transition or its branches at the territorial level in the presence of candidates or their representatives. In any case, the private media can not refuse any application programming and distribution of pay broadcast as part of the election campaign.
Section 2 The census material of votes
Art. 20 - The Independent National Electoral Commission for the Transition fixed by decision the seat and composition of the section of census material vote of the Electoral Commission of the District. Art. 21 - The costs of the operation of the equipment of votes Census Division are charged to the chapter of the budget of the election expenses of the Independent National Electoral Commission for the Transition. Members of the votes of the hardware inventory section receive a fixed compensation in the amount fixed by decree. Art. 22 - The minutes of the electoral operations of each polling station, the electoral lists initialed the cast ballots, the blank and spoiled ballots, challenged ballots, the counting and tally sheets and possibly delegates mandates and attestations observers and any bulletins entrenched duly countersigned placed in a sealed envelope and signed by members of the polling station, are placed in a sealed envelope by the president of the polling station in the presence of the signatories of the minutes. The sealed envelope sent by the quickest route to the diligence of the president of the polling station, the local representative of the Independent National Electoral Commission for the Transition and the Head of Fokontany the President of the votes of the hardware inventory section of the Electoral District Commission, which is empowered to open it in the presence of members of the said section. Art. 23 - As and when the arrival of the envelopes containing election documents, Section census material vote of the Electoral Commission of District, immediately and publicly equipment shall add votes to receiving the envelope containing election documents . His role is to verify the following: - the contents of sealed envelopes from the polling stations; - The various calculations in the polling stations; - Declared null and blank ballots from the polling stations; - Challenged ballots.
Art. 24 - Without being able to make the adjustments or corrections of results, it shall make a report of its findings, including any errors or irregularities found by polling station.
She set this record done everything 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 to the Census Commission votes equipment, it provides a record of failure. Art. 25 - At the receipt of the last fold from the polling station, it must send in a sealed envelope, within twenty four hours to the Independent National Electoral Commission for the Transition, all documents used in the elections together the minutes of its proceedings and the summary statement. The copy of the minutes of the work done by the votes of hardware inventory section and that of any minutes of deficiency prepared by it are addressed to the Special Electoral Court.
From the announcement of results
Art. 26 - The Independent National Electoral Commission for the Transition adopt and publish interim results at the latest within ten days of receipt of the last sealed envelope from the sections for census material of the votes. The interim results, accompanied by a schedule highlighting the poll results by polling station, documents used in election operations have been the subject of protests and / or appeals are transmitted in the shortest possible time to the Court Special Election. This transmission is carried out under the responsibility of the President of the Independent National Electoral Commission for the Transition. Art. 27 - The Special Electoral Court proceeds with the announcement of final results at the latest within fifteen days from the date of publication of provisional results by the Independent National Electoral Commission for the Transition. Art. 28 - It proceeds in public at the official announcement of the results by specifying:
- the total number of registered voters; - The total number of voters; - The number of blank or void; - The total number of votes cast; - The number of votes cast for each candidate.
Art. 29 - The Special Electoral Court declared elected first President of the Fourth Republic in the first ballot the candidate who obtains an absolute majority of votes cast. In the absence of an absolute majority, it proclaims the results obtained and shows the names of two candidates having received the largest number of votes, entered only stand in the second ballot. Art. 30 - Is declared elected in the second ballot the candidate who obtained the largest number of votes cast. In case of equality of votes is declared elected the oldest candidate. Art. 31 - A judgment made by the Special Electoral Court under sections 27 to 30 above must be posted at the said court and published in the Official Gazette of the Republic. CHAPTER VI
LITIGATION Art. 32 - The Special Electoral Court has jurisdiction to entertain any query or dispute that may arise as about the acts that constitute the preliminary electoral operations as all those related to the conduct of the poll. She is alone competent to assess the total or partial nullity that could result from the failure of essential formalities. When checking the minutes of polling and census material sections of the votes, the Special Electoral Court in the absence of any appeal, can seize automatically when it finds that a violation legislative or regulatory requirements, or for other reasons of public order. Art. 33 - For the procedure before the Court Special Election, any challenge to the election of the first President of the Fourth Republic must be made to the conditions and manner specified by the Electoral Code.
CHAPTER VII FINAL PROVISIONS
Art. 34 - Each candidate in the election of the first President of the Fourth Republic may appoint two representatives per level, which sit as of right in the Independent National Electoral Commission for the Transition and its branches to attend the proceedings as an observers. They do not vote and does not receive any benefit or compensation. Art. 35 - On all the points that have not been settled by this organic law, shall be applied to the Electoral Code and Law No. 2012-014 of 20 June 2012 establishing a Special Chamber called "Electoral Court special "(CES) in the High Constitutional Court. Art. 36 - The regulations will set as necessary rules for the application of this organic law.
Art. 37 - are and shall remain abrogated all previous provisions contrary to those of this organic law including Ordinance No. 2001-002 of 31 August 2001 on the organic law on the election of the President of the Republic. Art. 38 - Because of the urgency and in accordance with Article 4 of Ordinance No. 62-041 of 19 September 1962 on the general provisions of internal law and private international law, this law comes immediately into force once it has received a publication by broadcast television and radio, or display, regardless of its inclusion in the Official Gazette of the Republic. Art. 39 - This organic law shall be published in the Official Gazette of the Republic. It will run as the organic law of the state.
Antananarivo, July 10, 2012
THE CHAIRMAN OF THE BOARD OF TRANSITION, THE PRESIDENT OF THE CONGRESS OF THE TRANSITION
Rasolosoa Dolin RAKOTOARIVELO Mamy