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ORGANIC LAW No. 2012-016 on first parliamentary elections of the Fourth Republic
EXPLANATORY MEMORANDUM The law is the expression of the general will, justifying the importance of the first elections of the Fourth Republic among the various categories of elections.
This organic law determines the rules for elections
members of the National Assembly under the provisions of Article 88 of the Constitution. Thus, this organic law is characterized by its clarity, rigor and firmness in
organization of operations for the election of members of the National Assembly and highlights:
- the deadlines for each operation; - The voting system; - The incompatibility and forfeiture regime; - The body responsible for the organization and management of elections; - The consecration of a single ballot as ballot; - The fate of electoral disputes; - The announcement of results. This is the purpose of this organic law.
ORGANIC LAW No. 2012-016 on first parliamentary elections of the Fourth Republic Congress of the Transition and the High Council of the Transition adopted in their respective sessions
dated July 10, 2012 and July 12, 2012 , the organic law, which reads as follows:
CHAPTER I. GENERAL PROVISIONS Article - This organic law sets rules on election procedures, eligibility conditions, ineligibility and incompatibility and forfeiture regimes, as well as the replacement rules in the absence of members of the National Assembly. Art. 2 - Members of the National Assembly have the title of Deputy of Madagascar. They are elected by direct universal suffrage, or the SMP to a tower or in the voting lists by proportional representation in one round by the number of inhabitants in each constituency. In districts that have only one seat to be filled, the Deputies are elected by plurality voting in one round. Is declared elected the candidate who obtained the largest number of votes. In case of a tie between two candidates, the one who is the elder is elected. In districts that have multiple seats, the election shall be by ballot with proportional representation in one round under the rule of the electoral quota and the highest average, without splitting or preferential vote or incomplete list. They are elected by direct universal suffrage for a term of five years renewable.
II CHAPTER OF THE MEETING OF VOTERS Art. 3 - For the elections to the National Assembly, voters are called to the polls by decree of the Council of Government. Art. 4 - The writ of voters is made known to them by all means, including radio and television channel, in addition to its publication in the Official Journal of the Republic. It must indicate the subject of the summons and the date, time of opening and closing of the polls.
Art. 5 - Outside the case of dissolution of the National Assembly before term, the general renewal of the members of the National Assembly is done in ninety days before the expiration of the mandate. Art. 6 - In case of dissolution of the National Assembly before term, the general renewal of the members of the National Assembly is held at least sixty days and ninety days at most after the dissolution. Art. 7 - If circumstances require, the polling date may be postponed by decision of the competent authority after consulting the Independent National Electoral Commission for the Transition. Voters are summoned under the same conditions as provided in section 3 above.
CHAPTER III ELIGIBILITY
Art. 8 - Can be elected to the National Assembly every citizen who meets the conditions set out below:
1. having fulfilled the conditions required by the Electoral Code for voting; 2. be of Malagasy nationality; 3. be domiciled in the Republic of Madagascar; 4. be twenty-one years to the election date; 5. enjoy full civil and political rights; 6. be registered as a voter in a constituency of the national territory; 7. never have been convicted for a criminal offense except for offenses
by Articles 319 and 320 of the Penal Code unless such offenses are related or concomitant with driving offenses while intoxicated or hit and run;
8. be in good standing with the law and tax regulations and have paid including all applicable taxes of any kind of the three previous years.
CHAPTER IV OF SCHEMES INELIGIBILITY, INCOMPATIBILITIES AND DOWNFALL
The first Section of ineligibility regimes and incompatibilities
Art. 9 - Ineligible:
1. the persons who have a judicial council; 2. Private individuals by judicial decision of their right to stand by
application of laws that allow this deprivation; 3. individuals convicted when the conviction prevents definitively
registration as a voter. Art. 10 - Individuals sentenced definitely not pardoned are neither eligible nor voters. Art. 11 - In case of conviction for crimes or offenses of common law or fraud relating to enrollment on the electoral roll and the exercise of voting rights for
Fraud regulating electoral propaganda, obstruction of freedom and fairness of elections, corruption or violence in electoral matters, the convicted person is ineligible for a period of fifteen years from the date the conviction became final. Art. 12 - The mandate of Deputy is incompatible with the exercise of any other elective public office. Art. 13 - The number of directorships of Deputy and Senator is prohibited. Any elected or appointed Deputy or Senator elected Senator Deputy ipso facto cease to belong to the first meeting of which he was a member. However, in case of dispute, the vacancy is declared after a decision of the High Constitutional Court. It can in no way participate in the work of the two assemblies. Art. 14 - The mandate of Deputy is incompatible with the exercise of the functions of:
- President of the Republic; - Members of the High Constitutional Court and the Special Electoral Court; - Members of the Government; - Ombudsman; - Magistrates Courts; - Members of the Independent National Electoral Commission for the Transition.
The Member appointed to one of the functions listed above is to resign his mandate. The Ambassador appointed deputy or member of the Government is automatically suspended his mandate. It can resume the function of Deputy, to the exclusion of any resignation, he was dismissed before the end of his term. Art. 15 - The mandate of Deputy is incompatible with the exercise of functions conferred by a foreign state or an international organization and paid from their funds. Art. 16 - The mandate of Deputy is incompatible with the exercise of functions lawyer shall not exercise any act of his profession for the duration of its mandate. Art. 17 - It is prohibited for any MP to leave or have his name followed by the indication of its quality in any publicity relating to financial, industrial or commercial. Art. 18 - With the exception of teaching, the mandate of Deputy is incompatible with the exercise of any public office. The deputy who, when elected, holds public office is placed at its request and within thirty days of taking office, on secondment. Otherwise, he is said to have resigned his MP mandate. The deputy who accepted while in office, an office incompatible is said to have resigned, unless it is voluntarily démette. In any case, the resignation is recorded and delivered by the High Constitutional Court. It is not however a cause for ineligibility.
Art. 19 - Any official authority, civil or military, wishing to stand for elections to the National Assembly, is relieved of his duties after the official publication date of the list of candidates. If elected, he is placed right on secondment, thirty days after the official announcement of final results, and returned to office in the ministerial department of origin at the end of his term. In case of no election, it is automatically reinstated in his body and his original department. All political authority for election of members of the National Assembly is said to have resigned from office as of the date of publication of the official list of candidates. Section 2
From the forfeiture Art. 20 - Shall be deprived of right of a member of the National Assembly:
1. one that would prove ineligibility after announcement of results; 2. one whose ineligibility would prove after the period during which the election
may be challenged; 3. person who, during his term of office, would come to be in one case
ineligibility under this organic law; 4. one who would lose one of the eligibility conditions provided for by this organic law
. Art. 21 - Is likely to be deposed, any Deputy who has not attended a regular session without a valid reason by the Permanent Bureau. Will also be stripped of his membership of the National Assembly, any Member who, during his term of office, was hit with a conviction under the law, deprivation of the right to be elected . Art. 22 - It is made under the provisions of Article 72 of the Constitution to any Member who changes political parties while in office. The same provisions also apply to candidates without political party became Deputies when deviates from the course of the parliamentary group to which it is affiliated. The forfeiture is recognized and pronounced in all cases by the High Constitutional Court at the request of either the President of the National Assembly or any citizen of the constituency concerned or of the Independent National Electoral Commission for the Transition or its territorial divisions.
APPLICATIONS CHAPTER V Section 1
From nominations Art. 23 - The period for submission of the application to the District Electoral Commission is established by decree of the Council of Government. Art. 24 - Any individual who meets the conditions set by this organic law, may be a candidate in the constituencies having only one seat to be filled. In this case the application is made with two substitutes candidates to inadmissibility. In a district that has several vacancies, candidates are presented a list containing as many names as there are seats to be filled plus three substitute candidates names. Art. 25 - Any political party or organization legally constituted, any coalition of political parties, association legally constituted grouping of independent persons enjoying their civil and political rights, may present a candidate with two alternates per electoral district. Each political party or organization, each coalition of political parties, each association legally constituted, each group of persons may present, as appropriate and on pain of nullity of all its applications, more than one candidate with two replacements or more a list of candidates with three substitutes per constituency. Art. 26 - No one may be included as a candidate or replacing several nomination papers. Section 2
Statements and Application files Art. 27 - The attorney for the nomination for election of members of the National Assembly and two alternates, must be accompanied by an autonomous individual statement, affixed their signatures stating their name, surname, date and place of birth, residence and occupation. The signature of the applicant and each successor must be legalized:
- either by a District Chief or Deputy Chief District or by a delegate in charge of the State Representative;
- Either by a District Chief; - Or by a Mayor or Deputy Mayor or Deputy Mayor for
case of Antananarivo Renivohitra; - Or by a President of the Special Delegation.
The legalization under this organic law is free. The list with the authenticated signature of each candidate and alternates is stopped by the agent in the list. It is accompanied by a collective declaration of candidates, individual nomination and an application.
Art. 28 - The application for elections to the National Assembly, in four copies, must contain to be valid:
1. a nomination by proxy; 2. a joint nomination for constituency
several seats and whose model is fixed by decree; 3. a certificate of birth or an individual record of civil status or a photocopy certified
national identity card; 4. a Malagasy nationality certificate for naturalized foreigners; 5. a criminal record bulletin No. 3; 6. a matrix electronic specimen containing the features
to be affixed to the single ballot; 7. a receipt confirming the payment of contributions towards the cost of printing
ballots from the general treasury or main perception.
Art. 29 - A decree of the Council of Government fixed the model of the material referred to in Articles 27 and 28 above. Art. 30 - The applicant or agent who does not live in the capital of the Municipality, the seat of the Electoral Commission of District, held to elect domicile in the latter locality for reporting on the various acts relating to elections . Art. 31 - No one may be a candidate for more than one political party or a coalition of political parties. For multiple applications of one of the running mates, the agent has the right to substitute a new candidate during the period between the issuance of the deposit receipt and delivery of the final receipt. Art. 32 - No one may be a candidate in more than one constituency. Art. 33 - Violation of the provisions of Articles 31 and 32 of this Draft organic law entails automatic nullity of the list. Art. 34 - The application must be accompanied by an inventory of parts of it, in accordance with Article 29 above and filed with the Electoral Commission District. It is mandatory issued a receipt. No withdrawal of candidature is accepted after submission. Art. 35 - In case of death of a candidate after the deadline for filing nomination papers, the first substitute becomes a candidate and the list must appoint a second new replacement. Art. 36 - It is forbidden to sign or posters, leaflets and petitions, send or distribute ballot papers, circulars, faith in the interest of a candidate who has violated the provisions of Articles 31 and 32 of this organic law.
From the registration of candidates
Art. 37 - The application is subject to verification of a body responsible for the verification and registration of candidates in the District Electoral Commission. To this end, the Electoral District Commission can call upon the expertise and competence of people adequate resources in the district and the court concerned. Art. 38 - The composition of the audit body and Nominating record is fixed by decision of the President of the Independent National Electoral Commission for the Transition. The body of audit and nominations registration office in the office of the Electoral Commission of District or other premises located in the capital of the administrative territorial division whose list is established by decision of the President of the Independent National Electoral Commission for the Transition. The appropriations necessary to the operation of said member are charged to the budget of the election expenses of the Independent National Electoral Commission for the Transition. Art. 39 - At the request of the verification unit and Nominating registration in the Electoral District Commission, the floors of all the courts of the country are obliged to issue within forty eight hours the number two from the judicial records of each candidate. Art. 40 - The body of audit and nominating registration in the District Election Commission shall decide on all applications submitted to it, within seventy-two hours of the receipt of each folder. If he selects successful, it delivers an application registration certificate worth permission to campaign subject to the provisions on the period of electioneering and those of the legislation. When it finds a file does not meet the admissibility requirements prescribed by the laws and regulations in force, it refuses registration reasoned decision notified without delay to an address of the applicant or agent. The list of registered candidates should be published by posting up outside the headquarters of the verification unit and registration of candidates and must be updated immediately. A copy of this list must be submitted to the Independent National Electoral Commission for the Transition and another copy to the Electoral Court by the Special fastest route. Art. 41 - Within forty-eight hours from the notification of the decision of the Electoral Commission of District, the agent of the candidate or list of candidates whose candidature was rejected may appeal to the Independent National Electoral Commission for the Transition by a written statement. This act within twenty four hours from the date of receipt of the declaration.
The decision of the Independent National Electoral Commission for the Transition is likely to appeal to the Electoral Court Special within forty eight hours from the date of notification of the decision to the person concerned. The Electoral Court must rule Special twenty four hours following receipt of the file. If the decision of the Independent National Electoral Commission for the Transition or the judgment of the Special Electoral Court supports the registration of a candidate, shall be notified to the Chairman of the District Electoral Commission which immediately bring to the knowledge of the agent at an address and possibly the party or political organization or coalition of interested parties. Art. 42 - In case of death of a candidate from the list of candidates before the expiry of the legal deadline for nominations, the list may describe and present a new candidate to replace the deceased candidate later than forty-eight hours before the official closing of the application submission. If the death occurs beyond the legal deadline, the list remains valid, the deceased candidate is replaced by the second in the list. Art. 43 - The Independent National Electoral Commission for the Transition stops by riding the final list of candidates, indicating their characteristics, to be published in the Official Gazette of the Republic. Regardless of this publication, that list is brought to the attention of voters by radio and television channels. The copy of the final list of candidates is sent to the Special Electoral Court.
CHAPTER VI OF BALLOTS AND SOLE VOTING POLLING STATIONS Art. 44 - The conditions for printing the ballots are those set by the Electoral Code, articles 54 to 58. Art. 45 - The model with the features unique bulletins is fixed by regulation. The state reimburses the contributions to printing costs unique ballots for political parties, political organizations or coalition of political parties, association legally constituted grouping of independent persons who have obtained at least 10% of the vote, according to conditions established by Decree of the Council of Government. The specimen model unique ballots should be available to candidates officially registered at the appropriate time. Art. 46 - The list and the location of polling stations should be established in all cases by decision of the Regional Electoral Commission, taking into account the density of the voters and their places of residence, at least sixty days before the polling date and brought to the attention of voters.
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.
CHAPTER VII ELECTORAL OPERATIONS Section 1
From the campaign
Art. 47 - The electoral campaign begins 21 days before the polling date. However, if the elections are twinned, length fixing the longer campaign wins. In any case, the election campaign ends twenty-four hours before election day. Art. 48 - The general terms of the campaign, display and holding election meetings are set by the Electoral Code and the texts for its application. The Independent National Electoral Commission for the Transition ensures equitable distribution of free and paid airtime and their broadcast programming on National Radio and National Television or their regional branches as provided for in Article 48 of the Code election, 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
Du votes hardware inventory
Art. 49 - The Independent National Electoral Commission for the Transition fixed by decision the seat and the composition of the Section responsible for the census material of the votes. Art. 50 - The minutes of the electoral operations of each polling station, the initialed electoral lists, cast ballots, the blank and spoiled ballots, challenged ballots, the tally sheets and score 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 Section responsible for
Votes of census material from the Electoral Commission of District who is empowered to open it in the presence of members of the said section. Art. 51 - As and when the arrival of the envelopes containing election documents, the votes of the hardware inventory section immediately and publicly shall add hardware vote 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; - White papers and declared null by the polling stations; - Challenged ballots.
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 sent to the Section of census material of votes, it shall compile a record of failure. 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 election operations accompanied by the proces minutes of its work as well as 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. Art. 52 - The costs of the operation of census materials Sections of the votes are counted against the budget chapter of 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. Section 3
From the announcement of results
Art. 53 - the Independent National Electoral Commission for the Transition shall adopt and publish, by constituency, polling station by polling station, the provisional results at the latest within ten days of receipt of the last sealed envelope from the sections responsible for the census hardware votes. The Special Election Court makes the final announcement of the results at the latest within thirty days from the date of publication of provisional results by the Independent National Electoral Commission for the Transition. Art. 54 - It proceeds in public at the official announcement of the results by specifying, by constituency:
- 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 or list of candidates
. - The number of seats obtained by each candidate or list of candidates - candidates declared elected.
Art. 55 - A judgment made by the Special Electoral Court in the context of Articles 53 and 54 above shall be posted at the said court and published in the Official Gazette of the Republic.
CHAPTER VIII DISPUTES
Art. 56 - 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. 57 - For the procedure before the Electoral Court Special, any challenge to the election of Deputies to the National Assembly must be made in the manner and form provided by the Electoral Code.
CHAPTER IX OF THE SIEGE OF VACANCY
Art. 58 - In case of vacancy shall be filled in the vacancy at the latest within a month. The President of the National Assembly appealed to the High Constitutional Court within seven days of the vacancy. It proclaims elected the following to the list. The Independent National Electoral Commission for the Transition is addressed to the ruling of the High Constitutional Court to that effect. If replacement is not possible, there shall be an election, at the latest within four months. Art. 59 - A vacancy occurring less than twelve months before the expiry of the mandate of Deputies is no longer provided.
CHAPTER X MISCELLANEOUS AND FINAL
Art. 60 - Each candidate or list of candidates for the first elections of the Fourth Republic may appoint a representative who sits as of right within
Of the District Electoral Commission to attend as observers. He has no deliberative way and does not receive any benefit or compensation. Art. 61 - All election documents relating to the first general elections of the Fourth Republic were transferred to the High Constitutional Court by the Special Electoral Court following its dissolution. Art. 62 - On all the points that have not been settled by this organic law, it is applied the legislation relating to the High Constitutional Court, the Electoral Code and the Special Electoral Court. Art. 63 - The regulations will establish, as necessary, the procedures for implementing this organic law, in particular as regards the conditions for the registration of candidates, the census material of the votes, the ballots and to polling stations. Art. 64 - All previous provisions contrary to those of this organic law are and remain abrogated, including Ordinance No. 2002-004 of 3 October 2002 on the Election of Deputies to the National Assembly. Art. 65 - 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 law comes immediately force once it has been published by radio and television broadcast or display. Art. 66 - 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 12, 2012
THE CHAIRMAN OF THE BOARD OF TRANSITION, THE PRESIDENT OF THE CONGRESS OF THE TRANSITION
Rasolosoa Dolin RAZAFIANDRIAMBELO Njato Harinony