Microsoft Word - organic law n ° 2011 - 010.doc organic law n ° 2011‐010 relating to legislative elections explanatory law being the general expression of the will of the people, this principle has as a corollary the importance of elections among different categories of elections.
This text is intended to improve the most possible the translation of this popular will, by implementing the provisions favourable to the holding of a just, transparent and fair election for the legislative elections.
To do this, in addition to the synchronization of this Act to the improvements and changes to the electoral code as well as the provisions of the Constitution to the National Assembly, this organic act in its provisions introduces more rigour and firmness in the regulation of the Organization of electoral operations related to the legislative elections.
So in is:-the deadline for each operation; -of the voting system; -Plan of incompatibility and forfeiture; -of the body responsible for the Organization and management of electoral operations; -of the consecration of the single ballot as ballot; -the fate of the election cases - of the proclamation of the results;
This is the purpose of this organic law.
Organic Law No. 2011 ‐ 010 relating to elections of the Transition Congress adopted in third and final reading at its meeting of August 9, 2011, the organic law whose content follows: Chapter I provisions General Article first - this organic law fixed the rules relating to the election procedures, eligibility, ineligibility and incompatibility and forfeiture regimes as well as the rules for replacement in case of vacancy of the members of the National Assembly.
Art. 2 - Members of the National Assembly carry the title of Member of Madagascar.
Legislative elections are held by direct universal suffrage first past the post. The election of the members takes place in the first round by an absolute majority of the votes cast. If victim is not obtained, the Member is elected in the second round in a majority of the votes among the candidates with the largest number of votes cast in the first round. The second round of voting takes place at the latest 15 days after the official proclamation of the results of the first round. In case of an equality of votes between two candidates, one who is older is declared elected.
They are elected by direct universal suffrage for a term of five years renewable.
Chapter II of the convening of electors art. 3. for the election of the members of the National Assembly, voters are summoned to the polls by Decree in the Council of Government.
Art. 4. the Decree of convocation of the voters is brought to their attention by any means, such as through radio and television, in addition to its publication in the Official Journal of the Republic.
Must indicate the subject of the summons and the day, the time of opening and closing of the poll.
Art. 5. outside in the case of dissolution of the National Assembly before term, the general renewal of the members of the National Assembly is done in the ninety days before the expiration of the mandate.
Art. 6 - In case of dissolution of the National Assembly before term, general renewal of the members of the National Assembly takes place at least 60 days and ninety days after the dissolution.
Art. 7 - If the circumstances so require, the election date can be postponed by decision of the competent authority after consultation with the national independent Electoral Commission.
Voters are summoned in the same conditions such as provided in article 3 above.
Chapter III eligibility art. 8 - Can be elected member of the National Assembly every citizen who meets the following requirements: 1. have met the conditions required by the provisions of the electoral Code to be a voter. 2. be of malagasy nationality; 3. be domiciled on the territory of the Republic of Madagascar; 4. be at least twenty-one years of age on the date of the election; 5 enjoy all his rights civil and political; 6 be registered on the electoral roll from a constituency in the national territory; 7. be in good standing against the legislation and tax regulations and acquitting including all taxes and fees of any nature of the previous three years.
Chapter IV plans of INELIGIBILITY, INCOMPATIBILITIES and forfeiture Section one of the regimes of ineligibility and incompatibility art. 9 - Are ineligible: 1. individuals convicted of crimes or offences; 2. the prohibitions and the insane interned; 3. those fitted with a judicial Council; 4. individuals deprived by court decision of their right of eligibility by application of laws that allow this deprivation; 5. individuals sentenced when conviction prevents their inclusion on a list of electors in a definitive manner. Art. 10 - Definitively convicted and no amnesty individuals are neither eligible nor voters.
Art. 11 - in the event of conviction for crimes or crimes of common law or fraud relating to registration on the electoral list and the exercise of the right to vote, for fraud in the regulation of electioneering, for obstruction to freedom and sincerity of the vote, for corruption or electoral violence, the convicted person is ineligible for a period of fifteen years from the date on which the conviction became final.
Art. 12 - MP's mandate is incompatible with the exercise of any other public office.
Art. 13 - Cumulation of mandates of Deputy and Senator is prohibited.
Any Member elected or appointed Senator or any Member elected Senator ceases ipso facto belong to the first Assembly of which he was a member. However, in case of dispute, the vacancy is proclaimed after decision of the Supreme Constitutional Court.
It cannot participate in the work of the two assemblies.
Art. 14 - MP mandate is incompatible with the exercise of the functions of: − President of the Republic; − Members of the Supreme Constitutional Court and the special electoral court; − Members of the Government; − Ombudsman; − Judges of the courts; − Members of the independent National Electoral Commission.
The Member appointed to one of the functions listed above is dismissed of its mandate.
Art. 15 - MP mandate is incompatible with the exercise of the functions conferred by a foreign State or an international organization and paid on their funds.
Art. 16. the mandate of Member of Parliament is incompatible with the performance of duties of lawyer who shall exercise no act of his profession for the duration of its mandate.
Art. 17 - It is forbidden for any member to do or let his name followed by an indication of its quality in any publicity related to a financial, commercial or industrial business.
Art. 18 - With the exception of teaching activities, the mandate of Member of Parliament is incompatible with the exercise of any public employment.
The Member who, on his election, holds a public office, is placed, upon request and within 30 days of taking office, in a position of detachment.
Otherwise, he said he resigned from office of his deputy mandate.
The Member who has accepted during the term, an incompatible function is declared resigned Office, unless it is voluntarily resign.
In all cases, the resignation is noted and handed down by the Supreme Constitutional Court. It is not as long a cause of ineligibility.
Art. 19. any official of civil or military authority, wishing to be a candidate in the elections of the members of the National Assembly, is relieved of his duties from the date of official publication of the list of candidates. If he is elected, it is placed right in the position of detachment, thirty days after the official announcement of the results final, and reinstated to office in the Department of origin at the end of his term.
If no election, he is reinstated to office in his body and his Department of origin.
Section 2 of degradation art. 20 - Will be deprived of full right as a member of the National Assembly: 1. one whose ineligibility would prove after announcement of the results; 2. one whose ineligibility would prove after expiry of the period during which the election may be contested. 3. one who, during the term of his mandate, would find themselves in one of the cases of ineligibility provided for by this organic law; 4. who would lose one of the eligibility conditions provided for by this organic law. Art. 21 - Is likely to be ousted, any Member who has not attended at a regular session, without known cause by the permanent bureau.
Also forfeits as a member of the National Assembly, any Member who, during his mandate, was struck by a sentence involving deprivation of the right to be elected under the terms of the legislation in force.
Art. 22 shall apply all degradation conditions provided for by the provisions of article 72 of the Constitution, the law on parties and the regime of the independent. The forfeiture is pronounced, in all cases, by the Supreme Constitutional Court at the request either of the President of the National Assembly or any citizen of the electoral district concerned, of the independent National Electoral Commission or its territorial subdivisions.
Chapter V of Section 1 of the article nomination applications 23. the period of filing of the application with the District Electoral Commission is fixed by Decree in the Council of Government.
Art. 24 - Any individual, having met the conditions laid down by this organic law, can (be) or be a candidate in each constituency.
Art. 25. any party or political organization legally constituted, any coalition of political parties, any legally constituted association may nominate one candidate per constituency.
Everyone enjoying their civil and political rights without political party affiliation may apply. Each party or political organization, each coalition of political parties, each legally constituted association, each group of persons can present, according to the case and barely nullity of all its applications, more than one candidate with two replacements, or more than one list of candidates with three replacements per constituency.
Art. 26 - No one may be included as a candidate on several statements of candidates.
No person shall be a candidate in more than one electoral district.
Section 2 of the declarations and applications art. 27 - The declaration of candidacy by an agent of the candidate in the elections of the members of the National Assembly, must be accompanied by an individual autonomous, dressed in their signature statement stating their name, first names, date and place of birth, home and profession.
The signature of the applicant and each replacement must be legalized: − either by a District Chief or Assistant to the head of District or by a delegated official of the representative of the State; -Either by a District Chief; -Either by a mayor and a Deputy Mayor or a delegate to the Mayor for the case of Antananarivo Renivohitra. -Or by a President of the special Delegation.
The legalization of this organic law is free.
Art. 28 - The application file to the elections of the members of the National Assembly, established in four copies, shall be barely any nullity: 1. A statement of candidacy by agent; 2. a report of birth or an individual record of civil status or a photocopy certified of the national identity card; 3. a certificate of nationality malagasy for naturalized foreigners; 4. an extract from record judicial bulletin No. 3 and possibly copy the request with the recommended path mailing receipt; 5. a matrix over electronic media of the specimen containing the characteristics to be placed on the single ballot paper; 6. a receipt for the payment of the contribution to the cost of printing of the ballots from the General Treasury or the main perception.
Art. 29 - a decree taken in Government Council fixed the model of the material referred to in articles 27et 28 above.
Art. 30 - The candidate or the agent who does not live in the chief town of the Commune, where sits the Commission electoral District is required to elect home in this last resort for notification of the various acts about it relating to the electoral process.
Art. 31 - The violation of the provisions of article 26 (2) of this organic law results in the nullity of the application ex officio.
Art. 32. the application must be accompanied by a parts inventory component, in accordance with the provisions of article 29 above and filed with the District Electoral Commission.
It is issued obligatorily a receipt of deposit.
No withdrawal application is admitted after are filing.
Art. 33. in the case of the death of a candidate after the expiry of the time limit for the filing of nominations, the party concerned may propose another candidate. And as death of an independent candidate, its rights-holders must be reimbursed for any amount or straight forward.
Art. 34. it is forbidden to sign or affix posters, leaflets and petitions, to send or distribute newsletters of vote, circulars, or professions of faith in the interest of a candidate who has violated the provisions of article 26 (2) of this organic law.
Section 3 registration of applications art. 35. the application file is subject to the verification of a body responsible for verification and registration of applications within the District Electoral Commission.
For this purpose, the District Election Commission can appeal to the expertise and competence of people adequate resources in the Exchange or the Court concerned.
Art. 36 - The composition of the Board of audit and registration of candidates is determined by decision of the President of the national independent Electoral Commission.
Audit and registration of applications body sits in the office of the District Electoral Commission or in any other sis premises in the chef‐lieu of the territorial administrative division list of which is fixed by decision of the President of the national independent Electoral Commission.
The appropriations required for the functioning of that body are charged to the budget of the national independent Electoral Commission election expenses.
Art. 37 - At the request of the body audit and registration of applications within the District Electoral Commission, prosecutors of all courts in the country are required to issue, within forty-eight hours, bulletin number two of the criminal record of each candidate.
Art. 38. the audit and registration of applications within the District Electoral Commission must adjudicate all applications submitted, within seventy-two hours of the date of receipt of each folder.
If he withholds the application, it issues a certificate of registration of application which is permission to make election campaign subject to the electioneering period provisions and those of the legislation in force.
When it finds that a file does not meet the conditions prescribed by the laws and regulations in force, she denies the recording by reasoned decision that it shall notify without delay to the address for service of the applicant or the representative.
The list of registered candidates shall be published by way of display outside the headquarters of the Board of audit and registration of applications and must be updated immediately. A copy of this list shall be transmitted to the national independent Electoral Commission and another copy to the special electoral court by the fastest way.
Art. 39 - within forty eight hours from notification of the decision of the District Electoral Commission, the agent of the applicant whose application has been denied may enter the independent by simple written statement National Election Commission. It shall decide within a period of twenty-four hours from the date of receipt of the statement.
The independent National Electoral Commission's decision is subject to appeal before the special electoral court within a period of forty-eight hours from the date of notification of the decision to the person concerned.
The special electoral court must rule within twenty-four hours following receipt of the record.
If the independent National Electoral Commission's decision or the judgment of the special electoral court is favorable to the registration of an application, notification is made to the President of the Electoral Commission of the District who wears it immediately to the attention of the agent to the address for service and possibly the party or political organisation or coalition of political parties interested.
Art. 40 ‐ the independent National Electoral Commission stops a constituency the final list of candidates, with an indication of their respective characteristics, which will be published in the Official Journal of the Republic.
Regardless of this publication, the list is brought to the attention of the voters through radio and television. The copy of the final list of candidates is sent to the special electoral court.
Chapter VI of the unique of voting ballots and polling stations art. 41 - The printing of the ballot requirements are laid down in the electoral Code in articles 54 to 58.
Art. 42 - The model with the characteristics of unique reports is fixed by regulation.
The State refunds the contributions to the cost of printing of unique ballots to political parties, political organisations or coalition of political parties, any legally constituted association, any individual without belonging to a political party having obtained at least 10% of the votes cast, according to the conditions established by Decree in the Council of Government.
The death of the candidate before the second round, the full amount of the refund is paid to the beneficiaries of the deceased candidate.
Art. 43. the list and the location of the polling stations must be set in all cases by regional electoral Commission decision taking into account the density of voters and their places of residence, 60 days at least before the date of election, and brought to the attention of voters.
Any changes to this list, for force majeure must be a rectifying decision that should be taken forty-eight hours before the election day and brought to the knowledge of the public by any means.
Chapter VII OPERATIONS election Section 1 of the election campaign art. 44 - The election campaign starts 21 days before the date of the poll. However, if the elections are paired, the duration setting as much campaign time wins.
In all cases, the election campaign takes end twenty‐four hours before the election day.
Art. 45 - General conditions the campaign, display and the holding of the election meetings are statutory organic No. 2011−007 on the electoral Code and laws passed pursuant to it.
The independent National Electoral Commission ensures the fair distribution of the airtime free or paid as well as their broadcast programming to the National Radio and National Television or their regional antennas such as provided in article 48 of the electoral Code, to allow each candidate to present its program to the attention of voters. It is the same for the use of authorized public buildings and places.
The distribution and programming set out in the paragraph preceding were made at the beginning of the campaign and draw conducted by the independent National Electoral Commission or its divisions at the territorial level in the presence of the candidates or their representatives.
Apart from the free service of antenna to the Malagasy National Radio and Television national Malagasy or their regional branches as provided for in the above paragraph and at the level of private Radio and Television antennas, program the character of election campaign is free subject to respect for the equality of candidates.
Broadcasting of commercials and news of election campaigns must respect the principle of equality of chances between candidates.
Section 2 of the material addition of votes art. 46 - The Election Commission independent national fixed by decision headquarters and the composition of the material addition of votes Section.
Art. 47. the minutes of the electoral operations of each polling station, emargees voters, cast ballots, white and void, ballots disputed ballots, leaves counting and scoring and possibly mandates delegates and observers and entrenched bulletins any certificates duly countersigned put under cover closed and initialled by the members of the polling station are placed under cover closed by the President of the polling station in the presence of the signatories of the minutes.
The closed envelope is sent by the fast track at the behest of the President of the polling station, of the local representative of the Election Commission independent national and the Fokontany head to the President of the Section responsible for the census material of the votes from the District Electoral Commission, which alone is authorized to open it in the presence of the members of the section.
Art. 48 - As the arrival of the envelopes containing the election documents, census material Section votes proceed immediately and publicly to the material addition of votes at the reception of the fold containing the election documents.
Its role is to check among other things: − the contents of the folds closed from the polling stations; − the various calculations performed by the polling stations; − ballots declared white and void by the polling stations; − the ballots in dispute. Without being able to make adjustments or corrections to the results, she draws up minutes of its findings, including errors or irregularities it has encountered by polling.
It keeps in this quite minutes, any element, any anomalies that could address on documents, polling station by polling station. If the reasons for, the results of one or several polling stations could not be sent to the Section of material addition of votes, Clearinghouse gives a minutes of waiting.
From the receipt of the last trick from the polling station, it must pass under closed envelope, within a period of twenty-four hours, to the independent National Electoral Commission all documents used in electoral operations accompanied by the verbal process of his work and the summary note.
The copy of the minutes of the work performed by the section of census material votes and that of any deficiency resumes prepared by it are addressed to the special electoral court.
Art. 49 - Expenditures on the operation of Sections of material addition of votes are posted on the chapter of the budget of the national independent Electoral Commission election expenses.
The members of the section of material addition of votes receive a lump sum which is fixed by Decree.
Section 3 of the proclamation of the results art. 50 - the independent National Electoral Commission stop and publishes, by electoral district, poll by poll, the provisional results at the latest within 10 days following the receipt of the last closed envelope from responsible sections of the census material votes.
The special electoral court proceeds to the proclamation of the final results at the latest within a period of forty-five days from the date of the publication of the provisional results by the independent National Electoral Commission.
Art. 51 - It proceeds in a public meeting the official proclamation of results by specifying, by electoral district: − the total number of voters registered. − the total number of voters; − the number newsletters white or void; − the total number of votes cast; − the number of votes received by each candidate. − the headquarters obtained by each candidate, − the candidates declared elected. Art. 52 - all decision taken by the special electoral court under articles 53 and 54 above must be displayed at the headquarters of the said Court and published in the Official Journal of the Republic.
Chapter VIII litigation art. 53. the special electoral court is competent to deal with any query or dispute that could rise so much about the acts that constitute the preliminaries of the electoral operations and those that relate to the conduct of the poll.
She is alone competent to appreciate the total or partial nullity that may result from the omission of substantive procedures. When control of the resumes of the votes and offices sections of material addition of the votes, the special electoral court, in the absence of any appeal, could take office where it considers that there was a breach of the legal or regulatory provisions, or for other reasons of public order.
Art. 54. for the procedure before the special electoral court, any dispute relating to elections of deputies to the National Assembly must be made in the conditions and forms provided for by law organic No. 2011−007 relating to the electoral Code.
Chapter IX of the vacancy of seat art. 55. in the event of a vacant seat, it has the vacancy at the latest within a period of one month.
The President of the National Assembly must be seized the Supreme Constitutional Court within seven days of the vacancy. It says the vacancy. The independent National Electoral Commission is the recipient of the judgment rendered by the Supreme Constitutional Court for this purpose. There shall a by-election, at the latest within a period of four months.
Art. 56. any vacancy occurring less than twelve months before the expiry of the mandate of members is more fitted.
Chapter X miscellaneous provisions and final art. 57 - Each candidate in the legislative elections may designate a representative who sits in its own right within the District Electoral Commission to attend the meeting as observers. He has no voting rights and benefits compensation, or any other advantage.
Art. 58 - All election documents pertaining to elections are transferred to the Supreme Constitutional Court by the special electoral court following its dissolution.
Art.59 - On all the points which have not been resolved by this organic law shall apply to legislative texts relating to the Supreme Constitutional Court as well as organic laws relative to the electoral Code No. 2011−007 and no. 2011‐008 for the special electoral court.
Art. 60 - Regulatory texts govern, as necessary, the implementing of this organic law, particularly with regard to the conditions relating to registration of applications, hardware census of the votes in the ballots and polling stations.
Art. 61 - All previous provisions contrary to this organic law are and remain repealed, including Ordinance No. 2002‐004 of 3 October 2002 on the election of deputies to the National Assembly.
Art. 62. because of the urgency and in accordance with the provisions of article 4 of order No. 62‐041 of 19 September 1962 on the General provisions of domestic law and private international law, this organic law takes effect immediately as soon as it receives a publication by radio and television broadcast or posting.
Art. 63 - This organic law shall be published in the Official Journal of the Republic. It will be run as a law of the State.
Antananarivo, August 9, 2011, the PRESIDENT of the Congress of TRANSITION, RAHARINAIVO Andrianantoandro