Microsoft Word - organic law No. 2011_004 Election Chief 4th Republique.doc organic law n ° 2011-004 concerning the election of the first President of the Fourth Republic statement of reasons the President of the Republic is the State Institution that provides the executive function of the State such as laid down in the Constitution of the Fourth Republic, which devotes the mandate in its articles 45 to 53 the main conditions of application and the procedure for the election of the President of the Republic said.
The main innovations are: − the rate of the bond non-refundable if the candidate did not get 10 percent of the votes cast; − the resignation of the President of its function at the latest 60 days before the date of the election in case of application; − the application of the new requirements of the electoral Code on the single ballot paper; − treatment of various operations by the independent body responsible elections and related services is attached; − the draw of the distribution and programming of the airtime allocated to radio and national television. − the possibility of appointment of two representatives for each candidate from the election administration, observers, during the election period, − the settlement 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 n ° 2011-004 concerning the election of the first President of the Fourth Republic of the transitional Congress and the Superior Council of the Transition have adopted in their respective session dated June 16, 2011 and June 21, 2011, the organic law whose content follows: Chapter I of the General provisions Article 1 - under the terms of article 45 of the Constitution the President of the Republic is elected to the direct universal suffrage for a term of five years.
In accordance with the provisions of article 47 paragraph 3 of the Constitution, the election takes place in the first round by an absolute majority of the votes cast. If this is not achieved, the President of the Republic is elected in the second round by a majority of the votes cast among the two candidates with the largest number of votes in the first round.
The second round of voting takes place no later than 30 days after the official proclamation by the Special Electoral Court of the results of the first round.
Chapter II of the convening of electors art. 2. the Decree of convocation of voters taken by the Council of Government is published in the Official Journal of the Republic four twenty ten days at least before the date of the first round of voting and brought to the attention of voters by all means such as through radio and television.
It must indicate: 1. the object of the convocation of the voters; 2. the election day, the hour to which it must be open and the time at which it should be closed.
Art. 3. in accordance with the provisions of article 47, paragraph 4 of the Constitution, the election of the President of the Republic is postponed to a new date in the conditions and according to the rules set out in sections 3.1 to 3.4 below, upon the death of a candidate before a ballot or if there is another case of force majeure duly established by the special electoral court.
Art. 3.1 - the death of a candidate before the first round of voting as provided for in article 3 above, the President of the special electoral court shall immediately notify the Government that will take within forty eight hours a decree for the postponement of the election date, in this case, the party concerned may propose another candidate.
Art. 3.2 - in case of death of one of the two candidates before the second round of voting as provided for in article 3 above, the special electoral court will proceed to a new election and to notify the Government which takes in the forty eight hours a decree for the postponement of the election date subject to the provisions of article first subparagraph 3 of this organic law.
Art. 3.3 - in the cases provided for in sections 3.1 and 3.2 above, the full amount of the security referred to in article 5 below is reimbursed to dependants of the deceased candidate.
If the death occurs after the second round voting operations, shall apply the provisions of article 52 of the Constitution.
Art. 3.4 - the provisions of articles 3.1 and 3.2 above shall apply to the cases of force majeure referred to in article 3 above.
In all cases, the order of report will be published in the same forms that the writ of voters provided for in article 2 above.
Art. 4. in the cases provided for in article 52, paragraph 1 of the Constitution, the provisions of articles 2 and 3 above remain applicable.
Chapter III eligibility art. 5 - Any candidate to the office of President exercising public mandate is expected to resign from his function 60 days before the date of the poll following the provisions of article 46 of the Constitution.
Any candidate for the office of President of the Republic, in addition to the conditions laid down in article 46 of the Constitution, must: 1. reside on 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 territory of the Republic of Madagascar on the day of the filing of the application;
2 comply with the laws and regulations relating to registration on the electoral list and justify an effective registration on the electoral list;
3. completing his tax liability and have paid including all taxes and fees of any nature of the three previous years;
4 have paid to the Fund of deposits and consignments the sum of fifty million Ariary as security for the costs incurred by the Administration for the Organization of the presidential elections, such as participation in the cost of printing;
5. not have not been convicted for crimes or offences.
Any candidate who does not get ten percent of the votes cast during the official results of the first round loses the right to repayment of the bond. The proceeds of the bonds outstanding is acquired and paid into the general Budget.
Art. 6 - Definitively convicted and no amnesty individuals are neither eligible nor voters.
Chapter IV of Section 1 of the application article nominations 7. any candidate for the office of President applied for membership in a statement clothed in his signature legalized by the Commissioner of police or the Chief of the District as the case may be.
Art. -8A this statement is attached the following documents: 1. A newsletter of birth or an individual record of civil status or a copy legalized his national identity card; 2. a certificate of malagasy nationality; 3. a certificate issued by the tax authority attesting that the person concerned has met the conditions set by article 5 point 3 above - on; 4. a declaration on the honour of the candidate that he is acquitted of all taxes and fees of any nature of the preceding three years and whose perception is not the competence of the Department that issued the administrative certificate;
5. a sworn statement giving comprehensive composition of real estate and securities of the applicant and the nature of its revenues;
6. a certificate of residence; 7. an excerpt from criminal Bulletin No. 3; 8. a written declaration on honour to respect the provisions of the Constitution filed with the special electoral court; 9. a certified photocopy in line of the receipt of payment of the deposit of ariary and fifty million issued by the receiver of the caisse des dépôts and consignments;
10. the matrix on electronic media of the specimen containing the characteristics to be placed on the single ballot paper.
Copies of statements about honor are transmitted to the independent Anti-corruption Office by the care of the special electoral court. Art. 9. the established record in triplicate, along with an inventory of the parts, is filed in the office of the special electoral court. It is issued obligatorily receipt of deposit. No withdrawal application is accepted after its filing.
Art. 10 - The decree in the Council of Government laying down the model of the parts mentioned in articles 7 and 8 of this organic law as well as the filing of the application period is published at the same time that the writ of voters and brought to the attention of voters by all means, such as through radio and television.
Section 2 registration of applications art. 11 - The files are sent as they are received by the Clerk to the President of the special electoral court.
The second copy of each file is transmitted to the President of the national independent Electoral Commission.
The third copy is forwarded to the Minister of the Interior.
Art. 12 - The president of the special electoral court must apply to the competent prosecutor's office who is required to issue a bulletin number within twenty-four hours two of the criminal record of the candidates.
Art. 13 - The Court special election controls the conditions of admissibility of the applications and the eligibility of the candidates as they are the result of this organic law.
She sovereignly determines characteristics used by each candidate in the case of similarity in composition of such features.
Art. 14 - the election Special Court delivers a final registration of application receipt if a deposited file meets the admissibility conditions prescribed by the laws and regulations in force. Otherwise, she denies the recording by reasoned decision that it shall notify without delay to the address for service of the applicant.
The final receipt of application registration is leave to campaign.
Section 3 of the final list of candidates article 15 - The list of candidates with indication of their respective characteristics is finalized at the latest five days after the deadline for the application and display files at the seat of the Court election special.
Art. 16 - The final list of candidates with indication of 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 by means of radio and television.
Chapter V of the election Section 1 of Art. campaign OPERATIONS 17. the election campaign starts thirty days before the date of the first round and 15 days before the date of the second round of voting.
It ends, in all cases, twenty-four hours before the election day.
Art. 18 - The General conditions the campaign, display and the holding of the election meetings are statutory organic No. 2011-... establishing electoral Code by the texts taken for its application.
Art. 19 - The independent National Electoral Commission ensures the fair distribution of the free or paid airtime as well as their broadcast programming to the National Radio and National Television or their regional antennas such as expected 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 National Television malagasy or their regional antennas as set out in the paragraph above - above and at the level of the antennas of Radio and private TV, the broadcast of 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. 20 - The independent National Election Commission fixed by decision headquarters and the composition of the section of the material the votes of the Electoral Commission of the district census.
Art. 21 - Expenditures relating to the functioning of the Section of material addition of votes are charged 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.
Art. 22. 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 the attestations and any duly contresignes entrenched ballots observers put under closed envelope 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, the local representative of the national independent Electoral Commission and the Fokontany head to the President of the section of census material of the votes of the Electoral Commission of the district which is only entitled to open it in the presence of the members of the section.
Art. 23 as and to as the arrival of the envelopes containing electoral documents, the Section of census material of the District Election Commission votes, proceed immediately and publicly to the material addition of votes upon receipt 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 void and white by the polling stations; − the ballots in dispute.
Art. 24 - 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.
She recorded in this report all done, 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 Commission on material addition of votes, it shall prepare a report of deficiency.
Art. 25 - A from the receipt of the last trick from the polling station, she must pass under closed envelope, within a period of twenty-four hours, the independent National Electoral Commission all documents used in electoral operations along with the minutes of its proceedings and the summary note. The copy of the minutes of the work performed by the section of census material votes and that any reports of deficiency by it are addressed to the special electoral court.
Section 3 of the proclamation of the results art. 26 - the independent National Electoral Commission stop and publishes the provisional results at the latest within 10 days following the receipt of the last fold closed from sections responsible for the census material votes.
Results interim, accompanied by a schedule highlighting the results polling station by polling station, of documents used in electoral operations was the subject of challenges and appeals are forwarded in the shortest time to the special electoral court.
This transmission is carried out under the responsibility of the President of the independent National Electoral Commission.
Art. 27. the special electoral court proceeds to the proclamation of the final results at the latest within a period of fifteen days from the date of the publication of the provisional results by the independent National Electoral Commission.
Art. 28 - It proceeds in a public meeting the official proclamation of results by specifying: − 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.
Art. 29 - The special electoral court proclaimed elected President of the Republic in the first round of voting the candidate who has obtained the absolute majority of the votes cast.
There is no absolute majority, she proclaims the results achieved and lists the names of the two candidates who, having obtained the largest number of votes, are only allowed to attend the second round of voting.
Art. 30 - Proclaimed is elected in the second round of voting the candidate who has obtained the largest number of votes cast. In case of equality of votes, was declared elected the oldest candidate.
Art. 31. any decision taken by the special electoral court under sections 27 to 30 above must be posted in the seat of the Court and published in the Official Journal of the Republic.
Chapter VI disputes art. 32. 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 minutes of the votes and offices sections of material addition of the votes, the special electoral court, in the absence of any appeal, can take office where it considers that there was a breach of the legal or regulatory provisions, or for other reasons of public order.
Art. 33. for the procedure before the special electoral court, any dispute relating to the election of the President of the Republic must be made in the conditions and forms provided for by law organic No. 2011−... on the electoral Code.
Chapter VII of the final art. 34 - Each candidate in the presidential election may appoint two representatives, by level, who sit right within the independent National Electoral Commission and its departments to attend the meeting as observers. They do not have voting rights and do not receive any benefit or compensation.
Art. 35. on all the points that have not been addressed by this organic law, use is made of organic law No. 2011−... on the electoral Code, and 2011− No.... relating to the special electoral court.
Art. 36 - Regulatory texts govern as necessary the implementing of this organic law.
Art. 37 - are and remain repealed all previous provisions contrary to this organic law including the order No. 2001-002 August 31, 2001 with organic law on the election of the President of the Republic.
Art. 38. because of the urgency and in accordance with the provisions of article 4 of Ordinance No. 62-041 of 19 September 1962, on the General domestic law and private international law provisions, this organic law comes immediately into force as soon as it receives a publication by radio and television broadcast, or display, regardless of its insertion in the Official Journal of the Republic.
Art. 39 - This organic law shall be published in the Official Journal of the Republic. It will be run as a law of the State.
Antananarivo, June 21, 2011. The PRESIDENT of the Council superior of the TRANSITION RASOLOSOA Dolin. The PRESIDENT of the Congress of the TRANSITION RAHARINAIVO Andrianantoandro