Law No. 2011-008 Establishing The Organization, Functioning And Powers Of The Independent National Electoral Commission

Original Language Title: Loi n°2011-008 fixant l’organisation, le fonctionnement et les attributions de la Commission Électorale Nationale Indépendante

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Read the untranslated law here: http://www.assemblee-nationale.mg/lois/2011-008.pdf

Microsoft Word - Act No. 2011-008 CENI.doc



ION 2011-008 establishing the organization, functioning and powers of the Independent National Electoral Commission


EXPLANATORY MEMORANDUM Under Article 5 of the Constitution of 11 December 2010, the organization and management of all electoral procedures within the jurisdiction of an independent national structure.
To this end, this law establishes, in general, organization, operation and attributions
of the Independent National Electoral Commission and its branches at the territorial level.
So it defines the main tasks of the Independent National Electoral Commission
of: - manage, organize and supervise elections and referenda; - Treat, stop and publish the provisional results of the poll; - Enforce the electoral law on the entire national territory to ensure
the organization of free, fair, transparent and credible; - Facilitate and coordinate activities related to voter education. Furthermore, 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.





ION 2011-008 establishing the organization, functioning and powers of the Independent National Electoral Commission
The Congress of the Transition adopted at its meeting (third and final reading) from 03 August 2011, the law which reads as follows:


General TITLE
Article I - The present law determines the organization, functioning and powers of the Independent National Electoral Commission.
Art. 2 - The Independent National Electoral Commission is a collegial body
permanent charge of the organization and management of elections and referendums. It is the moral guarantor of the authenticity of the ballot and the sincerity of the vote. She enjoys administrative and financial autonomy. A regulatory text sets out how this autonomy.
Art. 3 - The Independent National Electoral Commission rule deliberation by the
affairs assigned to their jurisdiction by the Constitution. The Chairman of the Executive Board takes decisions for executing
deliberations adopted by the Independent National Electoral Commission and the exercise of powers under its jurisdiction.
Art. 4 - The headquarters of the Independent National Electoral Commission is
Antananarivo. However, if needed, it can be transferred to any other place in the country by
decision of the Executive Board in accordance with the deliberation of the National Independent Electoral Commission.

TITLE II Organisation and conditions
operation of the Independent National Electoral Commission
CHAPTER From the organization of the Independent National Electoral Commission
Art. 5 - The Independent National Electoral Commission is headed by an executive office
composed as follows: - a President; - Two vice presidents - two general rapporteurs. The executive office of the Independent National Electoral Commission and its branches
elected from among the representatives of civil society. Art. 6 - The members of the executive office is three years, renewable half.
The President is elected by an absolute majority in the first round and a simple majority in the second round, the other members are elected by a simple majority.
In case of a tie, the oldest candidate is declared elected.
Art. 7 - The President of the Independent National Electoral Commission
directs and coordinates the work of the commission. He must present a special activity report after each election session and
annual report addressed to all the institutions of the Republic.
Art. 8 - In the event of permanent incapacity or vacancy of the position of President, the Vice President replaces the oldest in the fullness of his duties.
It is provided for the vacancy in accordance with Articles 5 and 6
thirty days following the recognition of the vacancy. The new President is elected for the unexpired term.
Art. 9 - The Independent National Electoral Commission has an Executive Secretariat
.
CHAPTER II operating procedures

Of the Independent National Electoral Commission Art. 10 - The Independent National Electoral Commission shall be convened by its President
. 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 with a simple majority of its governing members present. 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. 11 - The Independent National Electoral Commission replaces the statutory responsibilities
its branches especially in case of failure thereof.
Art. 12 - The first meeting of the Independent National Electoral Commission is devoted to the election of its executive board and the development of its rules.
Art. 13 - The Independent National Electoral Commission prepares its annual operating budget, the investment program as well as the specific budget for each election. It shall send the draft budget to the Government for the purpose of inclusion in the budget law.
The Independent National Electoral Commission can apply for funding to international organizations.
The Independent National Electoral Commission is constrained to the annual production of its accounts to the Court of Auditors four months after the end of each year.
Art. 14 - The territorial divisions of the Independent National Electoral Commission meet in electoral session convened by their Presidents after receiving the approval of the National President.
Their operating modes are provided by the internal regulations of the commission.
CHAPTER III Composition
members of the Independent National Electoral Commission
Art. 15 - The Independent National Electoral Commission is composed of nineteen members according to the following breakdown by category:
- Category A: 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 National Union of Civil Directors elected by his peers; one coming from the Bar elected by his peers; a teacher of public university law elected by his peers and
proposed by the Law Faculties Dean; a magistrate from the Union of Magistrates of Madagascar elected by his peers
.
- Category B: two members from the administration including:
a part of the administration of the territory representative of the Ministry of Interior;
a part of the Ministry of Decentralization.
- Category C: seven members representing the political spectrum including:
three from political parties close to the government; three from political parties of the opposition; one from other political sensibilities.


Art. 16 - The members of the Independent National Electoral Commission are personalities
with the required skills, high integrity, good character and sense of fairness.
They carry the title of National Electoral Commissioner.
Art. 17 - Can be appointed to the Independent National Electoral Commission, all Malagasy citizen who meets the following conditions:
- have at least 30 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, which if considered necessary
may conduct a morality investigation 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. 18 - The members of the Independent National Electoral Commission and its branches from political sensitivities involved in all deliberation committee meetings in an advisory capacity. They are not eligible for the functions of executive members of the board.
Art. 19 - Each candidate in the presidential election may appoint two representatives per level, which sit as of right to the Independent National Electoral Commission and its agencies to attend as observers, and that from the date the publication of the official list of candidates until the final announcement of results.
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 IV

Du
incompatibilities regime Art. 20 - The following are incompatible with the function of members of the Independent Electoral Commission
National and its branches that of: - members of the institutions of the Republic; - Members of the Government; - Cabinet members of all the 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. 21 - 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.
Art. 22 - The functions of members of the Independent National Electoral Commission and its branches are incompatible with any elected public office. Members of the National Independent Electoral Commission and its branches can not be a candidate for any elective public office during their term. CHAPTER V

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

Art. 23 - The appointment of members of the Independent National Electoral Commission is established by decree of the Council of Ministers in the light of proposals source organizations.
Failing recognition by decree within fifteen days from the date of receipt of the names of representatives nominated by the entities concerned, they exercise their right under mandate.
The source entity can no longer withdraw its representative appointed by it member of the Independent National Electoral Commission except in cases provided for in Article 26 below.
Art. 24 - If any of the entities referred to in Article 15 above could not provide his representative beyond the fifteen-day period, the Council of Ministers may fill the vacant seat as apportioned above . 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 members.
Art. 25 - 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-tsitra-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 anatin'ny fanajana ao ny Lalàmpanorenana sy ny Didy-aman dalana mifehy sy ny Fifidianana ny Vaomiera ".
Art. 26 - In case of serious misconduct or violation of the oath provided for in Article 25 above, by one of its members, the Independent National Electoral Commission may take all necessary measures against it, of 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. 27 - The members of the Independent National Electoral Commission is seven years non-renewable.


However, half of the first members of the Independent National Electoral Commission, by category following the planned filing in section 15 of this Act, shall be renewed by lot after a three and a half years. New members serve terms of seven years non-renewable.
The renewal of members of the Independent National Electoral Commission
is by following the term of office of each member, and category.
In case of vacancy, there shall replace the member concerned in accordance with Articles 15 and 23 above for the unexpired term.
Art. 28 - 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.

CHAPTER VI Responsibilities and powers of the Independent National Electoral Commission
Art. 29 - The Independent National Electoral Commission shall:
- operations relating to the electoral list; - Supervision of elections and referendum; - Processing and the publication of provisional election results; - The definition of voter education policy and coordination of activities

thereto The Independent National Electoral Commission may delegate some of its powers to its territorial branches.
Art. 30 - The Independent National Electoral Commission issues the approvals for the observation of elections and referendum to national or international organizations that request it under the conditions prescribed by Article 77 of the Electoral Code.
The implementing rules of this Article shall be determined by decision of the Independent National Electoral Commission.
Art. 31 - The Independent National Electoral Commission to ensure that the electoral law be scrupulously respected by both administrative authorities and the political parties, candidates, their representatives and their supporting committees, the organizations operating in election monitoring and by voters.
To this end, the Independent National Electoral Commission is vested with: - the power to appoint members of the territorial divisions; - Divestiture of power; - Alternative to action against officials after formal notice remains unsuccessful
; - Referral to the competent courts.
Art. 32 - In the exercise of its functions, the Independent National Electoral Commission
neither receives nor seeks instruction, order or injunction of any public authority, private or political.
Art. 33 - The Independent National Electoral Commission may be seized by any voter for offenses committed by a candidate or a list of candidates or the

Members of the polling station or by officials or officers of the Authority during the electoral process or the 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 courts - either a termination request; - A request to contest; - A complaint repression; - A contentious election petition.
Art. 34 - The Independent National Electoral Commission may be seized by
each candidate or list of candidates or candidate's delegate concerning offenses committed by another candidate or list of candidates or members of the polling station, or by auxiliary Administration officials during election operations or 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. 35 - 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. 36 - 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. 37 - 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. 38 - 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.
Art. 39 - Local housing the offices of the Independent National Electoral Commission and its branches are placed under the protection of law enforcement.
Art. 40 - The members of the Independent National Electoral Commission and its agencies have the right to access all sources of information available to the public and election-related. 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. 41 - In accordance with the Electoral Code, the members of the Independent National Electoral Commission have quality enforcement officer.
Art. 42 - In the performance of its duties, the President of the Independent National Electoral Commission may as appropriate enter the territorial jurisdiction of State representative to request the security forces, in prescribed forms and conditions .
Art. 43 - Irregularities committed by political parties, candidates or voters support committees are carried by the Independent National Electoral Commission before the competent judicial authorities to decide within a reasonable time.
Art. 44 - In carrying out its tasks, the Independent National Electoral Commission may use all the skills it deems appropriate.
Art. 45 - The provisions of Articles 41 to 43 above do not apply to members from the political sensitivities.

TITLE III Territorial Organization of the Independent National Electoral Commission
FIRST CHAPTER organization and operation
Art. 46 - The territorial divisions of the Independent National Electoral Commission
are: - Provincial Electoral Commission for the Province - the Regional Electoral Commission for the Region - the Electoral District Commission for the District - the Electoral Commission Communale for the town.
The Provincial Electoral Commission represents the Independent National Electoral Commission
under the responsibility of an Electoral Commissioner appointed for this purpose at the provincial level, at the local elections.
Art. 47 - 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. 48 - The members of the territorial divisions of the Independent National Electoral Commission
is three years renewable.
They sit in session convened by their respective presidents after receiving the approval of the Chairman of the Executive Office of the Independent National Electoral Commission.
Art. 49 - If any of the entities referred to in Articles 55, 58 and 61 below could not offer his representative beyond a period of fifteen days, the Independent National Electoral Commission can fill the following vacancy planned distributions.
Art. 50 - 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 26 of this Law.
Art. 51 - They are sworn in the same terms as those provided for in Article 25 above.

Art. 52 - The Executive Board of the branches of the National Electoral Commission

Independent is composed of a President, a Vice President and a Rapporteur.
They are elected by and among the members of the committee concerned in accordance with Article 5, paragraph 2 above, and for a period of two years.
In case of vacancy of a member of the executive office, iI is provided for the vacancy in accordance with Articles 5 and 6 within thirty days following the recognition of the vacancy.
The provisions of Article 8 also apply in the event of permanent incapacity or vacancy of the post of President of the Executive Office of the branches of the Independent National Electoral Commission.
The executive offices of regional branches and district have permanent seats.
Art. 53 - The vacancy is established by decision of the Independent National Electoral Commission in the light of the report made by the Executive Board.
However, there is be no replacement if the vacancy occurs within twelve months before the end of the mandate of the Executive Board member.
Art. 54 - At the Fokontany, election officials are implementers of the Independent National Electoral Commission.
They are appointed by decision of the Chairman of the Electoral Commission of District Electoral Commissions proposal on Communal. CHAPTER II

From the Provincial Electoral Commission
Art. 55 - The Provincial Electoral Commission consists of ten members as follows:
- seven entities from civil society including:
two members from the non-denominational agencies working in
election observation; one member from faith organizations involved in observing elections
; one member from the organizations involved in the education of citizens; one member from the union of magistrates elected by his peers; one member from the Union of Civil Directors elected by his peers; one member from the Bar elected by his peers;
- Three members from political sensitivities including:
one from the political parties close to the regime in power; one from the political parties of the opposition; one from other political sensibilities.
Art. 56 - Members of the Provincial Electoral Commission shall have the title of Provincial Electoral Commissioner
.
They are sworn in the same terms set out in section 10 above the Court of Appeal of the spring.
Art. 57 - The Provincial Electoral Commission shall be assisted by a General Secretariat headed by a part of the official in the public service.


CHAPTER III Regional Electoral Commission
Art. 58 - The Regional Electoral Commission consists of ten members divided
as follows: - seven entities from civil society including:
two members from the non-denominational organizations involved in election observation;
one member from faith-based organizations working in the observation of elections;
one member from the organizations involved in the education of citizens; one member from the union of magistrates elected by their peers; one member from the Union of Civil Directors elected by his peers; one member from the Bar elected by his peers;
- Three members from political sensitivities including:
one from the political parties close to the regime in power; one from the political parties of the opposition; one from other political sensibilities.
Art. 59 - Members of the Regional Electoral Commission shall have the title
Regional Electoral Commissioner. They take an oath in the same terms provided for in Article 10 above before the Trial Court of the spring.
Art. 60 - The Regional Electoral Commission is provided by a Secretariat by a General Secretariat headed by a part of the official in the public service. CHAPTER IV

From the Electoral Commission of District
Art. 61 - The Electoral District Commission is composed of eight members as follows:
- three from the entities of civil society; - From a part of the staff or B Public Service Commission appointed by the Independent National Electoral
; - A judge appointed by the Superior Council of Magistracy. - Three from political sensitivities including:
one from the political parties close to the regime in power; one from the political parties of the opposition; one from other political sensitivities.

Art. 62 - Members of the Electoral Commission of District sworn in writing
contact the President of the Trial Court of the spring.
Art. 63 - The District Electoral Commission includes: - Organization of Electoral Operations Division headed by a member of the Electoral Commission
District from part A or B of the Public Service; - Section Census Votes equipment directed by the magistrate member of the Electoral Commission
District; - The Electoral Monitoring Committee headed by the Deputy Chairman of the Electoral Commission of
District.

CHAPTER V Electoral Commission Communale
Art. 64 - The Electoral Commission Communale is composed of eight members divided
as follows: - three members from the entities of civil society elected by his peers; - Two members from the Public Service elected by his peers
subject to the compliance of the appointment procedure; - Two members from the close political sensitivities
power and the opposition; - A member from the other sensitivities.
The meeting of each entity for the establishment of communal
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. 65 - 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. 66 - The members of the Independent National Electoral Commission is in office by Decree No. 2010-142 of 24 March 2010 continue to hold office until the term of their mandate, subject to the provisions of Article 27, paragraphs 2 and 3 of this Act.
The Executive Office is established under Decree mentioned above continues to assume his duties until his term.
Art. 67 - Statutory instruments shall as necessary rules for the application of this Act.
Art. 68 - are and shall remain abrogated all previous provisions contrary to this law.
Art. 69 - This law shall be published in the Official Journal of the Republic.
It will be enforced as a law of the state.
Antananarivo, August 3, 2011
THE PRESIDENT OF THE CONGRESS OF THE TRANSITION
RAHARINAIVO Andrianantoandro