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Law No. 2017-12 January 18, 2017

Original Language Title: Loi n° 2017-12 du 18 janvier 2017

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LAW

Law n ° 2017-12 of January 18, 2017

Law n ° 2017-12 of 18 January 2017 on the Electoral Code

The National Assembly adopted at its meeting on Monday 02 January 2017;

The Constitutional Council, seized by the President of the Republic, declared in conformity with the Constitution by its Decision No. 4/C/2017 of 13 January 2017;

The President of the Republic enacts the following legislation:

TITLE I. -COMMON PROVISIONS FOR THE ELECTION OF THE PRESIDENT OF THE PUBLIC, AND FOR THE ELECTIONS OF THE DEPUTES, THE DEPARTMENT AND THE MUNICIPAL COUNCILLORS

Preliminary Chapter. -Management and control of the electoral process

Section I. -The Election Administration

Article L 1. -

The Ministry responsible for Elections is, under the conditions and conditions laid down by this Code, competent for the preparation and organisation of electoral and referendum operations.

However, in the Etranger this competence shall be exercised by the Ministry responsible for Foreign Affairs, in connection with the Ministry responsible for Elections, in accordance with the terms and conditions laid down in this Code.

The Ministry of Foreign Affairs of Senegal is involved in the information and awareness of Senegalese living abroad.

Article L. 2. -
The Ministry of Elections manages the lists of electors and the general file of electors.
Article L. 3. -
Under the authority of the Minister responsible for Elections, the central services in relation to the Administrative Authorities shall ensure the implementation of the prerogatives indicated in Articles 1 and 2 above.
Abroad, the powers provided for in the first paragraph of Article 2 shall be implemented by the Embassies and Consulates under the authority of the Minister for Foreign Affairs.
Section 2. -The Electoral Commission
Autonomous national (C.E. NA)
Article L. 4. -
A self-contained national electoral commission was established, in short C.E.N.A. It has its headquarters in Dakar.
The C. E. N. A is a permanent structure with legal personality and financial autonomy.
Article L. 5. -
C. E. N. A controls and supervises all electoral and referendum operations. It shall ensure, in particular, their good physical organisation and make the necessary corrections to any shortcomings noted.
C. E. N. has complied with the electoral law so as to ensure the regularity, transparency and sincerity of electoral events by ensuring that voters, as well as the candidates in attendance, are free to exercise their rights.
Article L. 6. -
C. E. N. A must be present at all levels of conception, organization, decision-making and execution since registration on the lists of electors until the provisional declaration of the results.

In the event of non-compliance with the legislative and regulatory provisions relating to elections or referendums by an administrative authority, the C.E.N. A, after a formal notice, may take immediate, enforceable decisions, of Rectification, divestment, substitution of action in the context of electoral and referendum operations, notwithstanding its power to refer the matter to the competent courts.

Article L. 7. -
C. E. N. A consists of twelve (12) members appointed by Order in Council. They shall be chosen from among the independent persons exclusively of Senegalese nationality, known for their moral integrity, intellectual honesty, neutrality and impartiality, after consultation with institutions, associations and Organisations such as lawyers, academics, human rights defenders, communication professionals or any other structure.
C. E. N. A is headed by a President, assisted by a Vice-President and a Secretary-General appointed by decree.
The members of C. E. N. A shall be appointed for a term of six (06) years renewable by a third party every three (03) years.
In carrying out their duties, members of C. E. N. A shall not seek or receive any instructions or orders from any public or private authority.
In carrying out its mission, C. E. N. A may, if necessary, use the services of independent experts.
Article L. 8. -
C. E. N. A puts in place corresponding structures in the departments and embassies or consulates whose composition and operation are determined by decree on the proposal of the C.E.N.A.
Article L. 9. -
The duties of a member of C. E. N. A shall not be terminated before the expiry of his or her term of office, except on his or her request or for physical or mental incapacity, duly noted by a doctor appointed by the Council of the Order, after the assent of the C.E.N.A.
The temporary prevention of a member is noted by the C.E.N.A. If such incapacity extends beyond five (05) consecutive statutory meetings, the functions of the person concerned shall be terminated under the conditions laid down in the first subparagraph.
In the event of the definitive incapacity or resignation of a member, it shall be replaced by decree and by a person belonging to the institution, association or body from which he or she is a member.
The member appointed to replace a member of the C.E.N. A shall complete its term of office.
Article L. 10. -
Cannot be members of C. E. N. A:
- Members of the Government;
- Magistrates in operation;
- Members of a Cabinet Office;
- Persons with elective office;
- Governors, Prefects, Deputy Prefects, and their active or retired Assistants for less than five (05) years;
- Persons ineligible under article LO.156 of the Election Code;
- Candidates for elections controlled by C. E. N. A;
- Parents up to the second level of the candidates for the Presidency of the Republic;
- Members of a party support group, a list of candidates, or a candidate;
- Any other person governed by a special status that prevents him from performing other duties.
Article L. 11. -
The responsibilities of C. E. N. A are as follows:
- Supervise and control the whole process of establishing and managing the electoral file, with a right of access to documentation relating to analysis, physical configuration of computer equipment and equipment, programming and Procedures for entering, updating, processing and returning data;
- Each year, C. E. N. A reports on the execution of this award;
- Supervise and control the establishment and revision of the lists of electors through the appointment of a monitor to any commission or structure entrusted with the registration of the lists of electors, as well as their revision or recast; The auditor keeps a record of the registration or change in the registration of each elector, affixes his or her visa to the registration receipt given to the elector, and to the strain used for computer entry;
- Monitor and supervise any updates to the electoral map;
- Supervise and control the printing, distribution and retention of voter cards; the C.E.N.A. is informed of the entire process of calling for and ordering voter cards; a controller, appointed by the Board, is present. The right in any commission or structure responsible for manufacturing, ventilating and distributing voter cards;
- To supervise and control the deposit of candidature files in legislative, departmental and municipal elections with a view to affixing his visa to the receipt to certify the deposit in legal forms and deadlines. The lists of candidates are submitted in duplicate. A copy is given to C. E. N. A;

- Ensure that the list of electors by polling station is furnished fifteen (15) days at least before the date of the poll:
* to candidates and lists of candidates, in electronic format and in paper form;
* and to C. E. N. A in the same forms.
- Supervising and controlling the control and printing of ballot papers;
- Ensure that the publication of the list of polling stations is made no later than thirty (30) days before the vote, as well as its notification to candidates and lists of candidates;
- Validate the appointment of members of the enrolment commissions, members of review boards, members of distribution commissions, and members of polling stations designated by the Authority;
- Supervise and control with political parties, the implementation of electoral materials and documents. The establishment must be effective on the day before polling day;
- Monitor and supervise the publication of the lists of electors, and make the necessary corrections;
- Control the counting of non-withdrawn voter cards; before each return to the distribution of the non-withdrawn voter cards, make an inventory of the voter cards and prepare a detailed report;
- Designate its controllers in all polling stations;
- Participating in the selection of national and international observers;
- Co-sign the maps of plenipotentiaries with the competent administrative authorities and agents in the polling places of candidates or lists of candidates. This formality is accomplished by the dismemberment of C. E. N. A;
- Supervise the collection and transmission of the minutes of polling stations at the census sites and the centralization of the results; for this purpose, the representative of C. E. N. A must be a part of the convoy;
- To participate in the work of the departmental and national voting committees;
- Keep copies of all election documents by devers;
- Contribute to the civic education of citizens in terms of the expression of suffrage;
- Make any proposals for improving the Electoral Code.

Article L. 12. -
For the purposes of the supervision and control of the management of the electoral file by the C.E.N. A, the Administration is required to ensure that all recordings of the electoral file are reviewed.
The organisation of the processing of the file must guarantee all control possibilities for the reconstitution of any registration to its origin and vice versa. In order to do so, the Administration is required to ensure sequential and chronological retention by place, date and order number of all election documents, in particular registration, modification and cancellation books on the lists Electoral registers for the distribution of voter cards.
All entries on the electoral file shall bear the date and place of presentation of the elector before the Enrolment or Review Board, as well as the references of the commission.
Article L. 13. -
C. E. N. A ensures that the electoral law is applied both by the administrative authorities and by political parties, candidates and voters.
In the event of non-compliance with the legislative and regulatory provisions relating to elections or referendums by an administrative authority, C. E. N. A requires it to take appropriate corrective measures. If the administrative authority does not execute, C. E. N. A has the power to divest and substitute action in the context of electoral and referendum operations in respect of the official responsible, notwithstanding its power to refer the matter to the Jurisdiction.
It also proposes administrative sanctions against the responsible officer and ensures that they are carried out.
Deficiencies committed by political parties, candidates or electors shall be brought by C. E. N. A before the judicial authorities who rule within seventy-two (72) hours of the referral.
The prosecutor of the Republic or his delegate, who has received a complaint by C. E. N. A on the occasion of electoral operations, keeps the initiative of the prosecution. However, in the implementation of this action, C. E. N. A is attached at all stages of the procedure.
If necessary, C. E. N. A may refer the case to the court competent by direct citation of the respondent.
Referral to the courts is free of charge.
Article L. 14. -
Except in cases of flagrante delicto, members of C. E. N. A shall not be prosecuted, sought, arrested, detained or tried for any opinion or acts committed in the performance of their duties.

Article L. 15. -
C. E. N. A is endowed with a secretariat headed by a Secretary-General appointed by decree on the proposal of its President and responsible, under the authority of the President, to:
- The administration of C. E. N. A;
- Minutes of meetings of C. E. N. A;
- The receipt, management and preservation of election documentation;
- Public information.
Article L. 16. -
C. E. N. A shall establish its rules of procedure.
Article L. 17. -
C. E. N. A performs its duties either on its own initiative or on referral by political parties in competition, candidates or lists of candidates or electors.
Article L. 18. -
C. E. N. A shall be kept informed of the timetable for the implementation of the various tasks of the electoral process.
C. E. N. A attends meetings between the political parties and the Administration. It receives correspondence between the Administration and the political parties.
It shall receive a copy of all the minutes and minutes of the meetings held by the Administration in connection with the organisation of the elections.
In carrying out their duties, the members of C. E. N. A and its members have access to all sources of information and to the public media.
The Governors, the Prefects, the Deputy Prefects and their Assistants, the Officers of the Territorial Administration, the Mayors, the Presidents of the Departmental Council, the Heads of Village, as well as the Chairmen of the polling stations, the committees Administration of review and distribution, and generally, any authority or agent involved in the electoral process, are required to provide all information to them and to communicate to them, without delay, all documents May require in the performance of their duties.
Article L. 19. -
C. E. N. A, on the day of the poll, of the Supervisors appointed by its President, who shall issue them orders of mission guaranteeing the rights attached to their quality and defining the functions entrusted to them. Their mission expenses are recorded in the budget of C. E. N. A These supervisors carry out checks, on room and on site.

The provisions of Article L. 14 concerning immunities shall apply to the supervisors of the C.E.N.A. on polling day, as well as to the controllers of the C.E.N.A. during the performance of their duties.
The supervisors of C. E. N. A are selected from civil servants and public servants in active or retired state, private sector agents or any major Senegalese with civil and political rights, without political affiliation and Knowing reading and writing in the official language.
Article L. 20. -
The members of C. E. N. A swear an oath before the Constitutional Council.
Members of the autonomous departmental electoral commissions take an oath before the courts of their jurisdiction.
The members of the Delegations of C. E. N. A to each embassy or consulate of Senegal in the countries where Senegalese nationals participate in the elections, take the oath before the Head of the Diplomatic Mission.
Article L21. -
C. E. N. A shall regularly inform the public of its activities and decisions by the press or by any other means considered appropriate.
Meetings may take place between C. E. N. A and the legally constituted political parties, either at the initiative of the first or at the request of the latter.
Article L. 22. -
C. E. N. A prepares its budget in connection with the competent technical services of the State and executes it in accordance with the rules of public accounting.
The appropriations necessary for the operation and performance of the tasks of C. E. N. A and its dismemberments shall be the subject of autonomous registration in the general budget. They are authorised within the framework of the Finance Law. The corresponding appropriations are available to C. E. N. A at the beginning of the fiscal year.
C. E. N. A has a credit officer in the person of its President and a Public Accountant appointed by the Minister of Finance.
Article L. 23. -
C. E. N. A shall make a general report after each election or referendum and the address to the President of the Republic within three (03) months following the vote.
C. E. N. A draws up an annual report of its activities to the President of the Republic, no later than one month after the end of the year.

C. E. N. A shall publish the General Report and the Annual Report of Activities no later than fifteen (15) days following their transmission to the President of the Republic.
Article L. 24. -
Mission allowances and expenses are awarded to members of C. E. N. A under the conditions set by Order in Council.
Section 3. -Calling courses
Article LO.25.
The powers conferred on the Court of Appeal in the context of this Code are exercised by the Court of Appeal of Dakar. However, each Court of Appeal is competent for the municipal and municipal elections at the level of the electoral districts in its jurisdiction. In the event that the Court of Appeal concerned is not installed, the Dakar Court of Appeal shall have jurisdiction.
Section 4. -Electoral Observation
Article L. 26. -
Any national or international organization or individual whose application for certification is accepted by the Government of Senegal may observe the presidential election, the parliamentary elections, the election of senior councillors, Departmental and municipal elections in Senegal and abroad.
The terms and conditions for carrying out the observation missions shall be specified by decree.
Chapter I. -The Electoral Corps
Article L. 27. -
Voters are Senegalese men of both sexes, eighteen (18) years old, enjoying their civil and political rights and not under any circumstances under the law.
Article L. 28. -
The following are also electors:
- Naturalized Senegalese foreigners who have not retained any other nationality under article 16bis of the Code of Senegalese Nationality;
- Foreigners who have acquired the Senegalese nationality by marriage, except as opposed by the government by decree for a period of one year under Article 7 of the code of the Senegalese nationality.
Article L. 29. -
The right to vote is recognised to all members of the military and paramilitary corps of all ranks, as well as to civil servants who are deprived of it by their special status.
Military and paramilitary forces do not vote in local elections. On this occasion, they are removed from the mailing lists of the polling stations where they are regularly registered.

Upon enrolment or in the course of a revision, a particular sign distinguishes the member or paramilitary from the civilian voter.
Chapter II. -The lists of electors
Section I. -Registration requirements
On the lists of electors
Article L. 30. -
No person may refuse to register on the lists of electors:
1) to a Senegalese citizen enjoying his civil and political rights and fulfilling the conditions laid down in Articles L. 36 to L. 38;
2) to a Senegalese citizen by naturalization, after the date of acquisition of the Senegalese nationality or, for one of the spouses who acquired the Senegalese nationality by marriage, after the date of expiry of the period of incapacity provided for by the Article 7 of the Nationality Code;
3) to persons who have been disabled as a result of a conviction, receive rehabilitation or are subject to an amnesty measure.
The conditions under which Senegalese nationals living abroad exercise their right to vote are determined by law.
Article L. 31. -
Do not appear on the list of electors:
(1) individuals convicted of crimes;
2) those sentenced to imprisonment without a stay or to a conditional sentence of more than one month, whether or not accompanied by a fine, for one of the following offences: theft, fraud, breach of trust, trafficking in Narcotics, diversion and subtraction by public officials, bribery and trading in influence, counterfeiting and in general for one of the offences punishable by a sentence of more than five (05) years' imprisonment;
(3) Those sentenced to more than three (03) months' imprisonment without a stay or to a term of imprisonment of more than six (6) months suspended for an offence other than those listed in the second above, subject to the provisions of Section L30;
4) those who are in absentia;
5) non-rehabilitated bankrupts whose bankruptcy has been declared either by the Senegalese courts or by a judgment rendered abroad and enforceable in Senegal;
(6) Those against whom the prohibition of the right to vote was pronounced by a criminal court governed by ordinary law;
7) the major incapable.

Article L. 32. -
Not to be entered on the list of electors for a period of five (05) years from the date on which the conviction has become final, the convicted persons either for an offence referred to in the third indent of Article L31, or Term of imprisonment equal to or greater than one month and less than or equal to three (3) months or to a conditional sentence of three (03) months and less than or equal to six (6) months, or for any offence to a A non-suspended fine of more than 200,000 CFA francs, subject to the provisions of section L. 30.However, the Courts, by pronouncing the sentences referred to in the preceding paragraph, may relieve those convicted of this temporary deprivation of the right to vote and of election.
Without prejudice to the provisions of Article L. 31 and the first paragraph of this Article, shall not be entered on the list of electors for a period fixed by the judgment, those to which the courts have prohibited the right to vote and vote By application of the laws that permit this prohibition.
Article L. 33. -
Do not prevent registration on the lists of electors:
(1) convictions for the offence of recklessness, excluding the offence of concurrent leakage;
2) convictions for an offence other than those laid down in the Uniform Act of 17 April 1997 relating to the law of commercial companies and groups of economic interest and the law of 29 July 1985 on companies which are Qualified as an offence but whose repression is not dependent on proof of the bad faith of their authors and which is punishable only by a fine;
3) convictions for offences provided for in Articles 92 to 95 of the Criminal Code.
Article L. 34. -
No one may be registered on several lists of electors or be placed on the same list more than once.
Article L. 35. -
There is a list of electors for each municipality, as well as in each diplomatic or consular representation.
Article L. 36. -
The lists of electors for municipalities include:
1) those who were born there;
(2) those of whom one of the first-degree ascendants is resident;
(3) all electors who have their real domicile in the commune or who have resided in the municipality for at least six (06) months;

(4) those who have been included for at least three (03) years at least without interruption to the role of the land contribution of the built or unbuilt properties, the contribution of the patents, the general income tax and, if they do not reside in the municipality, Have stated that they want to exercise their electoral rights: are also registered, members of the families of the same electors included in the general income tax return;
5) persons who are subject to compulsory residence as officials or agents of the State, local authorities and public institutions.
Article L. 37. -
Also included on the list of electors in the communes, persons who do not meet the conditions of age and residence when forming the list, will complete them before the final closure.
Also included on the same list of electors, in exceptional reviews, are persons who meet the condition of age on or before polling day.
Article L. 38. -
Senegalese citizens who are registered abroad and registered with the Consulate of Senegal may, on their request, be placed on the list of electors for one of the following communes:
1) common birth;
(2) common in their last residence or residence provided that the residence has been at least six (06) months;
3) commune where one of their ascendants or their descendants is registered to the first degree.
This application is received at the Diplomatic or Consular Representation and transmitted on a special form. However, if the elector is a registered elector on the list of electors for the jurisdiction, the voter's card is withdrawn for the purpose of deregistration.
Section 2. - Establishment and revision of lists of electors
Article L. 39. -
The lists of electors are permanent. They shall be subject to an annual review initiated by the Administration and carried out by the administrative committees consisting of a President and an alternate appointed by the prefect or sub-prefect, the mayor or his representative and a representative. Representative of each political party legally constituted or coalition of parties declared for that purpose to the competent authority.
Upon validation of its composition, C. E. N. A is required to appoint a monitor to each administrative commission for supervision and control.

The administrative committees of the municipalities shall be competent in their jurisdiction to carry out, under the supervision and control of the C.E.N. A, the operations of registration, modification, change of status and of cancellation under the conditions Fixed by decree.
Each election shall be made on the basis of the revised list for the whole year following the closure of the list.
Prior to each general election, an exceptional review is decided by Order in Council. However, it may be decided in the same form in the case of an early election or referendum.
Article L. 40. -
The Administrative Commission shall include on the list of electors the information requested by the Administration responsible for the preparation of the lists of electors and liable to identify the voter, in particular the names, names, dates and places Birth, filiation, occupation, domicile or residence of all voters.
To justify his identity, the voter presents his ECOWAS biometric identity card.
For all operations at the level of the Administrative Commission, if the home address on the ECOWAS biometric identity card is not in the electoral district, the voter is required to prove his or her attachment to the Electoral district by the production of a certificate of residence or by the presentation of any other document of such a nature as to prove the connection with the local community determined according to the conditions laid down in Articles L. 36 and L. 37 of this Code.
Parts to be produced or to be submitted are listed by Order in Council.
The person is domiciled in the place of his or her principal place of business and for his or her professional activity at the place where the person carries on the business.
For the purposes of this Code, residence is defined as the place of effective and sustainable housing in the municipality.
The registration of members of the military and paramilitary forces, on the lists of electors shall be done on the basis of the ECOWAS biometric identity card and the professional card or a certificate in place and issued by the authority Competent
When an elector requests more than one registration on one or more lists of electors, only the first application for registration is maintained.
Article L. 41. -
The Administrative Commission shall issue to each elector a receipt bearing the registration number on the voters list, the date of issue and the visa of the cotrôleur de la C.E.N.A.

Article L. 42. -
An elector on the list of electors may not be removed without a reasoned and duly notified decision.
The Administrative Commission may proceed to write off either on request or on its own motion. Cancellation on request shall be made at the request of the interested voter. The ex officio cancellation intervenes in the cases provided for by decree.
Article L. 43. -
Under the conditions laid down by decree, an elector who has been the subject of an ex officio deregistration, for reasons other than death, or the person whose registration is contested, receives from the competent administrative authority, written notification of The decision of the Administrative Commission at its last known residence. They may, within five (05) days, bring an action before the President of the Court of Instance.
The appeal against decisions of the Administrative Commission shall be brought before the President of the Court of Justice. It is formed on the basis of a simple declaration at the Registry of the Court of Instance. Within ten (10) days after the said declaration, the President shall rule without charge or form of procedure and on a simple warning given three (03) days in advance to all interested parties.
Article L. 44. -
If the application before the President of the Court of Instance requires a preliminary ruling from a State question, he shall refer the parties before the competent court for a preliminary ruling and shall fix a period of five (5) days in which the party Who has raised the question for a preliminary ruling will have to justify its diligence.
In the event of the annulment of the operations of the Committee, the appeals shall be cancelled ex officio.
Article l.45. -
The lists of communes are deposited in the prefecture or sub-prefecture and at the town hall. They shall be communicated and published in accordance with the conditions laid down by decree.
Any citizen who is omitted from the list of electors or who is a victim of a purely material error on one of his or her identification elements and holds his or her receipt may appeal to the President of the Court of Instance within twenty (20) days Following the publication of the list of electors, either directly or through the C.E.N.A.
Any elector on the list of electors may claim, under the same conditions, the registration of an omitted voter or the deregistration of a registered voter. The same right shall belong to the competent administrative authority.

The President of the Court of Instance, seized in the forms described in paragraph 2 of this Article, shall act within the time limits laid down in paragraph 2 of Article L. 43 and shall notify his decision within two (2) days to the person concerned, the Préfet or the Deputy Prefect.
Article L. 46. -
The decision of the Chairperson of the Forum shall be made as a last resort. It may be referred to the Supreme Court in cassation, in accordance with the provisions of the Organic Law on the said Court.
Article L. 47. -
The lists of electors modified in accordance with the provisions of Articles L. 43 to L. 46 shall be kept in the archives of the sub-prefecture, prefecture or governance. Any elector may make a communication and a copy at his or her own expense.
Section 3. -Registration control
On the lists of electors
Article L. 48. -
The general file consists of two (02) specific files:
- The file of electors established on the national territory composed of civilians, and of the military and paramilitary;
- The special file of the Senegalese of the Outside.
An elector can only appear once in the general file.
The Ministry responsible for Elections maintains the general file of electors, with a view to checking voter registration. C. E. N. A and the legally constituted political parties have a right of scrutiny and control over the holding of the file. A decree determines the conditions for the organization and operation of this bank.
Article L. 49. -
The C.E.N. A, the Governors, the Prefects, the Deputy Prefects, by any means of law, make the necessary corrections to the lists of electors.
In addition, if they have found an offence under criminal law, they shall seize the Prosecutor's Office for the purpose of prosecution.
The shortcomings referred to in Article L. 13 (2) and (4) are the competence of the Dakar Court of Appeal.
Article L. 50. -
In the event of the registration of an elector on two or more lists, the C.E.N. A, the Governors, the Prefects, the Sub-prefects shall intervene with the
Ministry of Elections.
The provisions of the last paragraph of Article L. 40 shall then be applied.

Article L. 51. -
Corrections to the lists of electors provided for in Articles L. 40 last paragraph, L. 49 and L. 50 shall be made without delay, notwithstanding the closure of the revision period by the competent administrative committees.
The cancellation decisions of the Minister responsible for Elections may be challenged before the President of the Court of Instance, which shall act in accordance with the provisions of Articles L. 43, paragraph 2 and L. 44, first paragraph.
Article L. 52. -
The Office of the Governor, the Prefect or the Deputy Prefect shall give notice to the Minister responsible for elections, or to that of the service of the general file of electors, and these radiations shall be carried out under the Control of the C.E.N.A.
The list of the radiates is transmitted to him.
Section 4. -Voter cards
Article L. 53. -
The voter's card is linked to the ECOWAS biometric identity card. It acts as a voter card.
The electoral data are listed on the back. They include the elector number, the region, the department, the district, the commune, the polling place, the polling station and the national identification number.
The Administration is responsible for printing and establishing voter registration cards at the expense of the State.
The voter's card is valid for ten (10) years.
In the case of a request for duplicates due to the alteration or loss of the ECOWAS biometric identity card acting as a voter card, in front of a training centre or an administrative commission, the latter shall be reissued in the same manner with the Same period of validity and shall bear the words'duplicata'.
However, a request for the modification of the electoral data can only be made before an administrative committee and during the revision period of the lists of electors.
If the elector makes the declaration of loss of the voter's card with an administrative commission, the administrative commission shall establish a certificate on the basis of which he or she may request the issue of a duplicate.
The renewal of the expired voter card is carried out in the year following the expiry, during the ordinary revision.

In the event of an exceptional revision preceding a general election, the renewal shall be made to the administrative committees established for that purpose.
However, an elector's card that expires between a revision of the lists of electors and an election may be used on an exceptional basis.
On renewal, election data may be subject to change.
Article L. 54. -
It is created in each commune by order of the prefect or sub-prefect, commissions responsible for the distribution of the voter cards.
These committees shall be composed of a President and an alternate appointed by the Prefect or the Deputy Prefect, the Mayor or his representative and a representative of each political party legally constituted or coalition of parties declared to that effect To the competent authority.
The administrative authority cannot appoint citizens who for the past three years have been guilty of violations of the electoral law while serving as chairman of the administrative committee.
The administrative authority will make use of public officials at retirement for the administrative commissions whenever necessary.
These commissions are set up in sufficient numbers so that the distribution of the cards can be carried out normally and completely.
They may be itinerant: in this case, the Authority must transport their members and ensure their restoration.
They are grouped at the level of the seats of the communes (10) days before the vote and run until the day before the vote.
After the vote, the distribution of the non-withdrawn cards is carried out by the administrative authority in accordance with the procedure laid down by decree. The election committee referred to in Article L. 65 shall ensure the proper conduct of distribution operations. C. E. N. A is kept informed.
Article L. 55. -
The committees referred to in the preceding Article shall carry out the individual handing over of the cards to each elector, against discharge, on the presentation of his biometric identity card ECOWAS and the receipt of registration.
In the event of a loss of the ECOWAS biometric identity card, the voter must present a certificate of loss.

In the case of the loss of the receipt, the elector makes the declaration on the honour to the commission.
This declaration must contain the references to the ECOWAS biometric identity card.
Article L. 56. -
The working arrangements of the committees referred to in Article L. 54 first paragraph shall be fixed by decree.
Chapter III. -Eligibility requirements,
Ineligibility and incompatibility
Article L. 57. -
All Senegalese may apply and be elected subject to the conditions of age and the cases of incapacity or ineligibility provided for by law.
The application is made either by a legally constituted political party or by a coalition of legally constituted political parties or by an entity of independent persons.
Is an independent candidate who has never been a member of a political party or has ceased all militant activity for at least one (1) year.
Article L. 58. -
Members of the military, paramilitary and other officials and agents of the State governed by a special status shall not be eligible when they are in service and during the first six (06) months following the termination of the Their functions.
Chapter IV. -Electoral propaganda
Article L. 59. -
By way of derogation from the provisions of Articles 10 to 16 of Act No. 78-02 of 28 January 1978 relating to meetings and articles 96 and 100 of the Penal Code, electoral meetings during the official election campaign shall be held freely Throughout the national territory.
Written statements shall be made at least twenty-four (24) hours in advance to the competent authority which takes note of it and shall inform the declarant of any other prior declaration.
Article L. 60. -
In each commune the mayor designates, by order, the places exclusively intended to receive the posters of the laws and other acts of the public authority and special places reserved for the professions of faith, circulars and electoral posters.
In each location an equal area is assigned to each candidate or candidate list.
Any posting related to the election is prohibited outside of these locations.

Article L. 61. -
During the thirty (30) days preceding the opening of the official election campaign, any disguised propaganda in support of the national public and private media is prohibited.
Any manifestation or public declaration of support to a candidate or to a political party or a coalition of political parties, whether directly or indirectly, shall be considered as acts of covert electoral propaganda in the sense of this Act By any person or association or group of persons, irrespective of their quality, nature or character. Visits and tours of an economic, social or otherwise qualified nature, carried out by all authorities of the State on the national territory and which give rise to such demonstrations shall be treated as disguised propaganda or campaigns. Or declarations.
The body responsible for the regulation of the rnédias is responsible for ensuring the strict application of this prohibition.
In the event of a violation of this prohibition, the body responsible for regulating the media must propose appropriate forms of reparations to the benefit of any candidate, political party or coalition of injured political parties. The latter can make a complaint directly to the media regulatory body in the event of a breach of the ban.
During the election campaign, are prohibited:

(1) the use for the purposes of electoral propaganda of any commercial advertising process by means of the press, radio and television;

(2) the use of public goods or means for the purposes of this campaign, subject to criminal sanctions provided for in this Code. In the event of a breach of equality between candidates due to the use of public means, the Court of Appeal shall be required to deliberate within forty-eight (48) hours of the referral.

This prohibition does not preclude the normal exercise of administrative, governmental and parliamentary functions.

The public or private media of the audiovisual media, print media or any other media that deal with the campaign are subject to strict adherence to the rules of fairness and balance in the treatment of the activities of candidates or lists of candidates. Candidates during the election campaign.
Article L. 62. -
No person shall distribute or cause to be distributed to citizens on polling day, ballot papers and other election propaganda documents.

Any infringement of this provision shall be punishable by the penalties provided for in Articles L. 92 (2) and L. 106 of this Code.
Chapter V. -Vote
Article L. 63. -

A decree fixes the date of the poll.

The vote lasts only one day and takes place on a Sunday.

Article L. 64. -
Without prejudice to the powers vested in the Court of Appeal, the voting shall take place under the supervision and control of the C.E.N.A. In its effective presence, C. E. N. A ensures the regularity of the composition of the polling stations as well as of the voting, counting and counting of votes, and guarantees to the electors and to the candidates And lists of candidates in attendance, the free exercise of their rights.
Article L. 65. -
It is hereby established, at the level of each administrative district, an electoral committee responsible for monitoring the electoral process, including the preparation of the electoral map and the distribution of the cards not withdrawn.
The electoral committee, chaired by the prefect or sub-prefect, is composed of representatives of political parties, the CENA, and the mayors concerned. It shall meet at least once every six months and whenever necessary upon convocation by its President.
Article L. 66 . -
In each municipality, the number and location of polling stations are proposed to the Minister responsible for Elections by prefects and sub-prefects, taking into account the local circumstances and the number of electors, and after obtaining the opinion Election committee advisory.
Requests for removal, modification and creation of voting places must be duly substantiated and require the compulsory visa of the C.E.N.A.
The election committee shall be kept informed of the fate of the proposed changes to the electoral map.
There can be no more than 600 voters per polling station in the communes.
The list of polling stations throughout the national territory shall be definitively established and published thirty (30) days before the election by the Minister responsible for Elections under the supervision and control of the C.E.N.A. It cannot be subject to any changes.

It is transmitted, through the administrative authorities, to the mayors who publish the list of polling stations in their jurisdiction by means of notices and their notification to candidates and lists of candidates.
Article L. 67 . -
Each polling station shall consist of:
- A President, an assessor, a Secretary designated by the Prefect or the Deputy Prefect among officials of the State of hierarchy A, B or C or assimilated, in activity or admitted to retirement and residing in the region, or among the agents of the Public authorities, public or parapublic establishments, residing in the region of a rank equivalent to that of the officials of the above mentioned State;
- And a representative who is on a list of candidates in the department by list of candidates or by candidate, as a member.
If the officers in the categories listed in the first subparagraph are not in sufficient numbers to enable the establishment of all the polling stations in a municipality, the prefect or sub-prefect may requisition agents of the private undertakings Non-governmental, active or retired non-governmental organizations residing in the region and a rank equivalent to that of the officials and agents of the above mentioned State. Failing this, it complements the offices by designating citizens on an electoral list in the region.
These citizens must be able to read and write in the official language.
Article L. 68. -
The candidate or candidate list must designate a plenipotentiary to each competent administrative authority. It shall have competence in all polling stations in the electoral district concerned:
- For the presidential election, the letter of appointment shall be notified twenty-eight (28) days before the vote;
- In respect of the legislative, departmental and municipal elections, it shall be notified fifty (50) days before the vote;
- For the election of the Hauts councillors, the latter shall be notified eighteen (18) days before the vote.
The correspondence by which the administrative authority requests the plenipotentiary to list the representatives of the candidate or list of candidates in the polling stations should be sent:
- For the presidential election, the legislative, departmental and municipal elections at least twenty-five (25) days before the vote;
- For the election of the Hauts councillors, at least fifteen (15) days before the vote.

The names, names, profession, as well as the registration numbers on an electoral list or the receipt number of the candidates' representatives or lists of candidates, in the polling stations, must be notified to the C. E. N. A and to the Head of the competent administrative district:
- For the presidential election, the parliamentary, departmental and municipal elections no later than twenty (20) days before the vote;
- For the election of Senior Councilors no later than ten (10) days before the election.
Article L. 69. -
Members of polling stations regularly on an electoral roll will be allowed to vote in the polling stations where they sit on presentation of their voter cards.
The delegates of the Dakar Court of Appeal are allowed to vote in one of the polling stations which they control under the same conditions as for the supervisors and controllers of C. E. N. A and the members of the polling stations.
Journalists on election day, as well as the drivers required for the transport of election materials and members of the polling stations, as well as C.E.N. A controllers, who are regularly included on a list Election, also vote under the same conditions.
For journalists and drivers, a special order of mission, issued by the Ministry responsible for the elections duly targeted by the head of the press office or the head of service, and by the administrative authority and the dismemberment of N. A of the place of destination, shall be annexed, after the vote, to the minutes of the election operations and shall be annexed thereto. The order of mission must include references to the voter card or be accompanied by a photocopy of the card.
The Governors, Prefects, Deputy Prefects and their Assistants who were regularly on a list of electors outside their electoral districts may vote at one of the polling stations in their electoral district on polling day.
Military and paramilitary operations in the national territory and those responsible for securing the voting, on a regular basis on an electoral list, may vote under the same conditions and in the same manner as the Journalists on a reporting mission. They vote as a matter of priority, if they are held.

The names, names, date and place of birth of the members of the polling stations, delegates of the Dakar Court of Appeal, supervisors and supervisors of the C.E.N. A, of the governors, prefects, sub-prefects and their deputies, journalists and Drivers, military and paramilitary operations in the national territory and those responsible for securing the vote, as well as the number of their voter card, the indication of the place and polling station where they are regularly Entered on the mailing list and on the minutes of the office in order to They are removed from the list of electors in their electoral district for the counting of electors.
For the departmental elections, the members of the polling stations, the delegates of the Court of Appeal, the supervisors and controllers of the C.E.N.A., the Governors, Prefects, Deputy Prefects and their Assistants, journalists and drivers, May vote in one of the polling stations in the department if they are on a list of electors for one of the communes in that department.
For municipal elections, voters referred to in the preceding paragraph may vote only if they are on the list of electors in the municipality where they officiate.
Article L. 70. -
The competent authorities (Prefects and Deputy Prefects) are required to list the members of the polling stations as well as the representatives of the candidates or lists of candidates and their alternates.
The list must be validated by C. E. N. A before being published, by order, and notified by their care:
1) to C. E. N. A for control;
(2) to all plenipotentiaries of the lists of candidates or candidates;
3) to the holders of the list of electors where the members of the polling station are normally registered for inclusion in the list. The number of electors considered to be on this list is reduced by so much for the count of registered voters;
4) to the holders of the list of electors for the electoral district on which the polling station depends where the members of the polling station are sitting. The number of electors considered to be on the list is increased by the same amount for the counting of the registered voters.
Publication and notification of the order must be made:
- Fifteen (15) days at least before polling day for the presidential election, parliamentary, departmental and municipal elections;
- At least ten (10) days before polling day for the election of Senior Advisors.

The list of members of the polling station shall be displayed in front of the polling station.
Article L. 71. -
Each candidate list or candidate has the right to control all election operations from the opening of the polling stations to the proclamation and display of the results in those offices.
The control shall be exercised by the plenipotentiary referred to in Article L. 68 and by the representatives appointed for that purpose by each candidate or list of candidates, on the basis of a representative by place of vote. They are equipped with special cards issued by the Administration according to the mission assigned to each of them.
The Plenipotentiary may freely enter the polling stations in the administrative district in which he has jurisdiction. However, it shall mention its observations and possible objections to the minutes by the agent of his candidate or of his list of candidates in the place of vote or by his representative in the polling station.
Agents may freely enter the polling stations in which they have jurisdiction and require the inclusion in the minutes of all observations and disputes.
Agents shall have jurisdiction in all polling stations at the polling place where they are designated. They must be entered on the list of electors for the municipality in which they are competent.
Their first names, name, date and place of birth, address and registration number on the list of electors shall be notified by the plenipotentiary at least ten (10) days before the opening of the poll. Such notification shall be made to the Prefect or the Deputy Prefect, who shall issue a receipt of this declaration at least eight (8) days before the vote. The receipt serves as a title and guarantees the rights attached to the quality of the agent.
Each candidate shall have free access to all polling stations in the electoral district in which he or she has applied. It may require the inclusion in the minutes of all its observations and disputes.
Article L. 72. -
The President shall be responsible for the polling station, in particular as regards parking in the voting room. It may require the forces of law. Evictions shall not be carried out except in the case of disturbances and disturbances duly noted by him and the other members of the polling station and after the opinion of the latter duly mentioned on the minutes of the polling station.

If a representative of a candidate or a list of candidates who are members of the polling station is expelled, he shall be replaced immediately by an alternate member representing the same candidate or list.
Two members of the polling station appointed by the administrative authority shall be present throughout the course of the election. In the event of incapacity, the President shall be replaced by the assessor.
Article L. 73. -
The polling station may not take care of other objects other than the election assigned to it. Any discussion, any deliberation outside this subject is forbidden.
The convening order of the electors specifies the time for the opening and closing of the poll.
The President shall observe, at the beginning of the voting process, the time at which the ballot is open. It brings it to the Minutes.
Article L. 74. -
In each polling station, the President shall have the ballot papers of each candidate or list of candidates at least equal to that of the electors registered in that office.
Article L. 75. -
If at an election, only one list or one candidate is present for the votes of the electors, the white ballot papers will be available in each voting room, at least equal to that of the electors.
Article L. 76. -
Voting is secret. The vote takes place under the envelope. Before the opening of the poll, the office must note that the number of envelopes corresponds to that of the registrants.
If, as a result of a case of force majeure, these regulatory envelopes are missing, the President of the polling station shall be obliged to replace them with others, of a uniform type, with the stamp of the electoral district. Reference is made to this replacement in the minutes and two envelopes made use of it are attached.
In each polling station, one or more voting booths will be installed.
The voting booths must ensure the secrecy of the vote, while at the same time ensuring that the public does not conceal electoral operations.
Ink-ink bottles or vaporizers shall be placed in each polling station as well as the stamp of the electoral district of the office.

Article L. 77. -
The entry into the polling station shall be prohibited to any person carrying a weapon, except in the case of the requisition of the force by the President.
Article L. 78. -
When entering the polling station, the elector must present his or her voter's card.
As this formality has been satisfied, the elector himself takes an envelope and all the ballots made available to him.
He has to go to the voting booth. It shall insert in the envelope the candidate's ballot or the list of candidates of his choice.
He then stated to the President that he was carrying only one envelope. The president sees it without touching the envelope that the voter introduces himself into the ballot box.
Before he introduces his envelope into the urn, a member of the office ensures that he soaks one of his fingers in indelible ink until the whole of the first phalanx is imbibed (in case it is not the spray that is used).
All public exhibition outside the polling station, before and during polling day, of envelopes and regulatory ballots identical to those filed in favour of candidates, shall be strictly prohibited. This prohibition does not apply to election documents used for training that are to be marked "Specimen". Offenders are liable to the penalties provided for in Article L. 110.
Article L. 79. -
The ballot box has only one opening to allow the envelope containing the ballot paper to pass through. Before the election, the President of the polling station shall see before the voters present and the members of the polling station that it is empty. This finding, the urn must be closed by sealing bracelets.
Article L. 80. -
An elector who is living with a permanent or temporary disability or who is unable to enter the ballot in the envelope or to drop the ballot in the ballot box is, on his or her application, authorized to be assisted by an elector of his or her choice or By a member of the polling station.
Article L. 81. -
The polling station temporarily regulates the difficulties relating to electoral operations. Its decisions are reasoned.
All claims and decisions are recorded in the Minutes. The documents and bulletins relating thereto shall be annexed thereto after being initialled by the Bureau.

For the duration of the operations, a copy of the list of electors shall remain in the hands of the President of the polling station.
The elector's vote is evidenced by his or her signature or, if he or she is not able to sign, by affixing the fingerprint of one of his fingers to a stamp on the voters list on the margin of his or her name.
The mailing list held by the President of the polling station shall be the same as that held by the Controller of the C.E.N.A. The elector's vote is evidenced by his or her signature or, if he is not able to sign, by placing his finger dipped in indelible ink, on the list of electors on the margin of his or her name.
Article L. 82. -
The President shall observe the time at which he declares the vote closed and the door to the Minutes. After this statement, no vote can be received.
Article L. 83. -
After the close of the ballot, the count shall be counted. The ballot box is open and the number of envelopes is checked. If this number is greater than the number of the reports, it shall be recorded in the Minutes. The office then designates among the electors present a group of four (04) deputy returning officers at least knowing how to read and write in the official language.
In this group, one of the deputy returning officers shall extract the bulletin from each envelope and pass it to another deputy returning officer; the deputy returning officer shall read it out loud; the names on the ballot papers shall be recorded, by at least two tellers, on the sheets prepared at This effect.
If one envelope contains several ballots, the vote is invalid when the ballot papers have different lists and names. Multiple ballots count for only one when they refer to the same list or candidate.
Article L. 84. -
The white papers resulting from the application of the case provided for in Article L. 75 shall be counted separately. They do not count for the determination of the votes cast. However, reference is made to the minutes of the operations of the polling station and the results of the vote.
Do not count in the results of the recounts and are considered null:
- The ballot papers on which the voters have become known;
- Ballots found in the ballot box without envelopes or in non-regulatory envelopes;
- Newsletters or envelopes bearing inner or outer signs of recognition;
- Non-regulatory bulletins.

The invalid ballots or envelopes are attached to the minutes and countersigned by the members of the office. Each must refer to the causes of the annexation.
If the annexation has not been made, this circumstance will result in the annulment of the operations only as long as it is established that it was intended and as a consequence of undermining the sincerity of the vote.
Article L. 85. -
The President read out the results, which are immediately posted. The results shall be referred to the minutes which are closed by the signature of the members of the Bureau.
All members of the polling station must sign the minutes with, where appropriate, their observations, complaints and disputes.
Article L. 86. -
Each member of the polling station shall receive a copy of the minutes. The original, together with the annexed documents, shall be transmitted to the Chairman of the Departmental Commission for the enumeration of votes under Article LO.138. The transmission shall be carried out under sealed cover in the presence of the members of the polling station. A bending collection plan is established by the administrative authority. It shall be implemented, under the control of the delegates of the Court of Appeal, by the persons provided for in the collection plan, chosen from among the sworn persons, the chairmen of polling stations, the officers or officers of the police or Gendarmerie or members of the armed forces. A copy of the minutes shall be given to the prefect for the archives of the department.
The mopping-up plan shall be brought to the attention of the candidates' representatives or list of candidates. Candidates' representatives or lists of candidates follow up throughout the process. In the performance of their mission they can benefit from the support of the administration. The mopping-up plan shall be transmitted to the C.E.N. A, for a visa, at least seventy-two (72) hours before polling day. In the event of a change, the C.E.N. A shall be immediately seized.
The chairmen of these committees shall declare to the members of the committees the sealed bends containing the minutes and the documents annexed before opening them. If a bend is not sealed, a statement must be made to the minutes of the departmental commission for the enumeration of votes.
In the light of the minutes of the polling stations of the département, the departmental census commission shall carry out the counting of the votes of the département and shall publish the results no later than twelve (12) hours on the Tuesday following the Election. It may, if necessary, correct and correct calculation errors.

The chairman shall immediately draw up a record signed by the members of the committee, where appropriate their observations. If the minutes could not be drawn up within the prescribed period, the President shall forward the documents together with a report to the Chairman of the National Commission for the Census of Votes.
The original of the minutes of each departmental commission shall be transmitted under seal to the Chairman of the National Commission for the enumeration of votes provided for in article LO.138 by the delegates of the Court of Appeal. In addition, a copy of the minutes shall be given to each member of the departmental commission and to the prefect for the records of the department.
Upon receipt of the minutes, the Chairman of the National Committee for the Census of Votes shall make a declaration to the members of the Committee and to the representatives of the candidates or parties of the sealed bends containing the minutes and the documents Annexes before opening them. If a bend is not sealed, a statement must be made to the minutes of the National Commission for the Census of Votes. The national commission carries out the general census. The Minutes are drawn up.
The preliminary announcement of the results will be made no later than midnight on Friday following the vote. The minutes shall be forwarded together with the documents annexed to the President of the Constitutional Council. A copy of the minutes shall be given to each representative of the candidates. If the time limit expires without the minutes being drawn up, the minutes of the departmental committees and the documents annexed shall be immediately forwarded to the Constitutional Council accompanied by a report by the chairman of the committee National.
For the counting of votes, the departmental and national committees shall proceed as provided for in Article LO.139.
Article L. 87. -
The costs of supplies of the envelopes, ballots, minutes and stationery, as well as those resulting from the installation of the voting booths and polling stations, shall be borne by the State.
Chapter VI. -Penal provisions
Article L. 88. -
Any person who is registered under a false name or quality or who, by being registered, has concealed an incapacity under the law, or who claims and obtains registration in two or more lists, shall be punished by imprisonment From one month to one year and a fine of 10,000 to 100,000 CFA francs.

Article L. 89 . -
The penalties provided for in Article L. 88 shall be punishable by any person who is issued or produced a false registration or cancellation certificate on the lists of electors.
A person who has been deprived of the right to vote as a result of a judicial conviction, or as a result of a bankruptcy not followed by a pardon, has voted, either on the basis of an entry on the lists prior to his disqualification, or by virtue of a registration , but operated without its participation, will be punished by imprisonment of fifteen (15) to twenty (20) days and a fine of between 5,000 and 50,000 FCFA.
Article L. 90. -
Every person who has voted in an election assembly, either by virtue of a registration obtained in the first two cases provided for in Article L. 88, or by falsely taking the names and qualifications of a registered voter, shall be liable to imprisonment for Six (06) months to two (02) years and a fine of 20,000 to 200,000 FCFA.
Article L. 91. -
Any citizen who has taken advantage of a multiple registration or any other process to vote more than once shall be punished with the penalties provided for in Article L. 90.
The same penalty shall be applied to any person who has prevented, by wilful non-compliance with the law, the registration on an electoral list of a citizen fulfilling the conditions laid down in this Code.
Article L. 92. -
Any person who is charged in an election to receive, count or count the ballots containing the votes of the citizens, subtracted, added or altered the ballots, or read a name other than that recorded, shall be punished by imprisonment of six (06) Months and ten (10) years at most.
All other persons guilty of the same facts set out in the first paragraph shall be punished by imprisonment of two (02) to six (06) months and the prohibition of the right to vote and to be eligible for two (02) years at least and five (05) years More.
Article L. 93. -
Any infringement of the provisions of Article L. 62 shall be punishable by the penalties laid down in Article L. 88.
Anyone who, knowing that he or she is in a state of incapacity because of a violation of the electoral law, will have agreed to carry out a function in the electoral process will be punished with the penalties laid down in Article L. 88.

Article L. 94. -
Anyone who has returned to an election assembly with an apparent weapon is liable to a fine of 100,000 to 1,000,000 FCFA.
The sentence will be imprisonment for three (03) to six (06) months and a fine of 100,000 to 1,000,000 FCFA if the weapon is hidden.
Article L. 95. -
Any person who, using false news, slandy noises or other corrupt practices, has surprised or diverted votes or determined one or more electors to refrain from voting, shall be punished by imprisonment for one month to one year and Fine of 30,000 to 300,000 CFA francs.
Article L. 96. -
Any person who, by threatening or threatening demonstrations, has disturbed the operations of an electoral body or college, interferes with the exercise of the electoral law or the freedom to vote, shall be punished by imprisonment of six (6) months to two (2) years and the prohibition of the right to vote and be eligible for five (05) years at least and ten (10) years at most.
Article L. 97. -
Any burst into a polling station, consumed or attempted with violence, in order to prevent a choice, will be punished by imprisonment for one to five (05) years and a fine of 300,000 to 600,000 FCFA.
Article L. 98. -
If the guilty are carrying weapons, or if the vote has been violated, the sentence will be imprisonment of five (05) to ten (10) years.
Article L. 99. -
The penalty shall be imprisonment of five (05) to ten (10) years in cases where the offences provided for in Articles L. 96 and L. 97 have been committed as a result of a concerted plan to be carried out in one or more electoral districts.
Article L. 100. -
The members of an election body or college who, during a meeting of the body, are guilty of contempt or violence, either to the office or to one of its members or who, by way of fact or threats, have delayed or prevented Electoral operations will be punished by imprisonment for one month to one year and a fine of between 30,000 and 600,000 FCFA.
If the vote has been violated, imprisonment will be between one year and five (05) years and a fine of 300,000 to 600,000 CFA francs.

Article L. 101. -
The removal of the ballot box containing the votes cast and not yet counted will be punished by imprisonment for five (05) years and a fine of 300,000 to 600,000 CFA francs.
If this abduction has been carried out in a violent manner, the sentence will be imprisonment of five (05) to ten (10) years.
Article L. 102. -
Violation of the ballot, either by the officers of the office or by the officers of the custody authority of the uncounted ballots, shall be punishable by imprisonment of five (05) to ten (10) years.
Article L. 103. -
The conviction, if pronounced, shall in no case be able to have the effect of annuling the election declared valid by the competent authorities or having become final by the absence of any regular protest made within the time limits laid down in the Criminal laws.
Article L. 104. -
To be liable to a fine of 50,000 to 500,000 CFA francs for any candidate:
- Uses or permits the use of its billboard for purposes other than presentation and defence of its application and program, thanks or disclaimer;
- That transfers its display location to a third party.
Article L. 105. -
The fine provided for in Article L. 104 shall also apply to any person who has contravened paragraph 3 of Article L. 60 and Article L. 61.
Article L. 106. -
Any person who, by means of gifts or gifts in cash or in kind, by promises of liberality, favours, public or private employment or other special advantages, made in order to influence the vote of one or more electors, has obtained or An attempt to obtain their votes, either directly or through a third party, will be punished by three months to two years' imprisonment and a fine of 20,000 to 200,000 CFA francs.
The same penalty shall apply to any person who has determined or attempted to determine, by the same means, one or more of them to abstain.
Will be punished with the same penalties, those who have approved or applied for the same gifts, gifts or promises.

Article L. 107. -
Those who, by way of fact, violence or threats against an elector, or by causing him or her to lose his or her employment or to expose to injury his or her person, family or property, have determined or attempted to determine that Voting or influencing the vote, will be punished by imprisonment for one month to two (02) years, and a fine of 10,000 to 100,000 CFA francs.
Article L. 108. -
Anyone who, in order to influence the vote of an election body or college or a fraction of that body or college, has made donations or liberalities of the promises of liberality or administrative favours, either to a municipality or to a community Citizens will be punished by imprisonment of three (03) months to two (02) years and a fine of 20,000 to 200,000 CFA francs.
Article L. 109. -
In the cases provided for in Articles L. 105 and L. 107, if the guilty person is a civil servant or agent of the State, the penalty shall be doubled.
Article L. 110. -
Apart from cases specifically provided for in the provisions of the laws and decrees in force, whoever, either in an administrative commission, or in a polling station or in the offices of town halls, prefectures or sub-prefectures or outside Before, during or after a poll, has, by wilfully non-compliance with the law or the infringement or attempted to impair its sincerity, prevented or attempted to prevent the operations of the vote or that has changed or attempted to change the result, Will be punished with a fine of 20,000 to 100,000 CFA francs, and imprisonment for one month to one year.
If the culprit is an administrative or judicial officer, an officer or servant of the government or a public authority, the penalty shall be doubled.
Article L. 111. -
From the official opening of the electoral campaign until the announcement of the results of the election, no candidate may be prosecuted, sought, arrested, detained or tried for remarks or acts committed during that period and who Link directly to the competition.
Article L. 112. -
To be punished with a fine of 20,000 to 100,000 FCFA and imprisonment for fifteen (15) days to three (03) months, anyone who has contravened the provisions of Articles L. 62, LO.124 and LO.182.

Article L. 113. -
Public action and civil action under Articles L. 88 to L. 102, L. 105 to L. 107, L. 109 or for an offence under Article L. 77, if the arms were apparent, shall be prescribed after six (06) months from the date of the proclamation of the Election result.
Article L. 114. -
The provisions of Articles 101 to 105 of the Penal Code shall apply insofar as they are not contrary to the provisions of this Chapter.

TITLE II - PROVISIONS RELATING TO THE ELECTION OF THE PRESIDENT OF THE PUBLIC

Chapter I. -Submission of applications

Article L. 115. -

The candidature for the presidency of the Republic must include:

1) the names, names, dates, place of birth and filiation of the candidate;

(2) the statement that the candidate is of Senegalese nationality and that he enjoys his civil rights and political rights, in accordance with the provisions of the first Title of the Electoral Code;

(3) a statement that the candidate has received the nomination of a legally constituted political party or a coalition of legally constituted political parties, or appears as an independent candidate;

(4) the photograph and colour chosen for the printing of the ballot papers and, if any, the symbol and the symbol that must appear on it;

5) the signature of the candidate.

Article L. 116. -
The application must be accompanied by the following documents:

- A certificate of nationality;
- An extract of an act of birth of less than six (06) months;
- A criminal record number 3 less than three (03) months;
- A certificate by which a legally constituted political party or a coalition of legally constituted political parties declares that the said party or coalition has invested the person concerned as a candidate in the presidential election or List of electors supporting the nomination and containing the names, names, dates and place of birth, indication of the list of electors for registration and signature of interested parties.

This list must include electors representing at least ten thousand (10,000) registered residents in six (6) regions at least five hundred (500) per region;

- A declaration on the honour by which the candidate certifies that his application is in conformity with the provisions of articles 4 and 28 of the Constitution, that he has exclusively Senegalese nationality and that he knows how to write, read and speak fluently Official language;
- A statement on the honour by which the candidate certifies that he is in good standing with the tax law of Senegal;
- A receipt confirmed by a certificate signed by the Director General of the Caisse des Dépôts et Consignations (CDC) certifying the deposit of the guarantee provided for in Article L. 117 of this Code.

If an application is inadmissible, the guarantee shall be refunded fifteen (15) days after the final publication of the list of candidates.

Article L. 117. -
Candidates are required to deposit a bond, which must be paid to the Caisse des Dépôts et Consignations, and whose amount is fixed by order of the Minister responsible for elections after the opinion of the legally constituted political parties, at most One hundred and eighty (180) days before the vote.
A discharge confirmed by a certificate signed by the Director General of the Caisse des Dépôts et Consignations shall be issued.
In the event that the candidate receives at least five percent (5 %) of the votes cast, the deposit shall be refunded within fifteen (15) days of the final declaration of the results.
In the event of an early election, the amount of the last bond is maintained.
Article L. 118. -
The declaration of nomination shall be lodged at the Registry of the Constitutional Council, within the time limits laid down in Article 29 of the Constitution, by the representative of the political party or the coalition, who gave his or her investiture, or that of the candidate Independent.
Coalitions of political parties must choose a name different from that of the legally constituted political parties. However, a coalition may take the title of one of its constituent parties. The name and possibly the title of the coalition, together with the list of the parties which compose it, must be notified to the Registrar in chief of the Constitutional Council by the representative no later than the day before the filing of the declaration of application.
Article L. 119. -
A candidate cannot use a colour, a symbol, or a symbol already chosen by another candidate.

In the event of a dispute, the Constitutional Council gives priority to each candidate, its colour, its abbreviation or its traditional symbol in order of seniority of the party which has invested it; for the coalitions of legally constituted political parties And the independent candidates, as of the date of filing.
The choice of emblems with a combination of the three colours: green, gold and red is prohibited.
Article L. 120. -
In order to ensure the validity of the candidates' applications and the consent of the candidates, the Constitutional Council shall conduct any audit which it considers appropriate.
Article L. 121. -
In accordance with Article 30 of the Constitution, the Constitutional Council shall adopt and publish the list of candidates twenty-nine (29) days before the first ballot. This publication is provided through the Registry of the Constitutional Council.
The Constitutional Council shall also carry out any other publication which it considers appropriate.
Article L. 122. -
The right of appeal against the list of candidates is open to any candidate.
Claims must be received by the Constitutional Council before the expiry of the day following the posting of the list of candidates to the Registry. The Constitutional Council shall act without delay.
Article L. 123. -
Where it is necessary to proceed to a second round of balloting, prospective withdrawals shall be notified to the Constitutional Council by candidates twenty-four (24) hours at the latest after the final declaration Election results.

The Constitutional Council shall adopt and publish, under the conditions laid down in Article

L. 121 list of the two candidates admitted to the second round.

_ Chapter II. -Election campaign
Article LO.124. -
The campaign for the election of the President of the Republic shall be open twenty-one (21) days before the first ballot.
If a second round of voting is required, the campaign will begin on the day the list of candidates for the Registry of the Constitutional Council is posted. It ends the day before the elections at zero.

Article 125. -
The Dakar Court of Appeal ensures equality between candidates. Seizure by C. E. N. A or by a candidate, it shall intervene, where appropriate, with the competent authorities to ensure that all measures capable of ensuring such equality are taken without delay.
The body responsible for the regulation of the media shall ensure equality between candidates in the use of airtime; it shall, where appropriate, intervene with the competent authorities to ensure that all measures are taken to ensure that Equality notwithstanding the penalties provided for in the legislation governing the regulatory body.
Every organ, any private enterprise of the written, audiovisual or any other medium which deals with the campaign shall be obliged to ensure that the rules of fairness and balance between candidates in the processing of activities are respected. Election campaign.
Any activity amounting to an election campaign shall be prohibited under the conditions laid down in Article L. 61.
Any election propaganda on polling day shall also be prohibited.
Seizure of a complaint, the Court of Appeal may, if necessary, issue injunctions to the relevant authorities or to the candidate whose attitude is incriminated. The Court of Appeal is responsible for the regularity of the election campaign. Its judgments in this respect cannot be appealed.
Article 126. -
The campaign by way of posting shall be governed by the provisions of Articles L. 60 and L. 62 and by the regulatory provisions of the Electoral Code.
Billboards shall be assigned in the order of the list of candidates adopted by the Constitutional Council.
Article 127. -
The holding of election meetings shall be governed by the provisions of Article L. 59 of this Code.
The public service of television broadcasting announces the election meetings in which the candidates participate.
Article LO.128 -
Each candidate can print and send to the voters, before each ballot, a propaganda circular containing a page in front and back of the format of 21 x 27 cm.
This circular is subject to the formality of the legal deposit.

Article LO.129. -
During the duration of the election campaign for the first round as, if necessary, for the second round of voting, the candidates running for the Presidency of the Republic appearing on the list drawn up and published by the Constitutional Council Receive equal treatment in the use of the means of propaganda of the daily tranche of the public audiovisual service reserved for candidates.
The number, duration and timetable of programmes, as well as the details of their achievements, shall be fixed by the body responsible for the regulation of the media after the opinion of the C.E.N. A, the media bodies, the public audiovisual and the candidates or Their agent.
The media regulatory body may object to the broadcasting of an issue of the election campaign in the event of a violation of the rules laid down in the Constitution.
Its decision must be reasoned and notified immediately to the candidate concerned. This decision may be the subject of an appeal for excess of power before the Supreme Court, which is in urgent procedure before the end of the campaign.
The media regulatory body may refer the matter to the Court of Appeal prior to the broadcast of a broadcast of the official campaign, within twenty-four (24) hours of the execution of that broadcast, if the statements made by the candidates or The political parties reveal a serious breach of the obligations arising from the Constitution, in particular as regards respect:
- The characters of the republican, secular and democratic state;
- The institutions of the Republic: their status, their powers;
- National independence, territorial integrity and national unity;
- And civil liberties.
The appeal to the Court of Appeal shall be suspended from the broadcast of the broadcast.
The Court of Appeal shall decide within forty-eight (48) hours from the date of its referral. It may order the non-broadcast of all or part of the broadcast.
The candidate whose words are incriminated is invited to present his defence.
If the media regulatory body does not seize the Court of Appeal within twenty-four (24) hours or if the Court of Appeal does not decide within the time limit specified above, the broadcast shall be broadcast immediately.

Article LO.130. -
The media regulatory body may, in addition to the broadcasting time available to each candidate, organise conflicting broadcast or television debates on the condition that such broadcasts allow each candidate to intervene.
Article LO.131. -
The media regulatory body shall ensure that the principle of equality between candidates is respected in the information programmes of the public broadcasting service-television with regard to reproduction and the comments of the Statements, writings, activities of candidates and presentation of their person.
Chapter III. -Electoral Operations
Article LO.132 -
Voters shall be summoned by decree published in the Official Journal at least seventy (70) days before the date of the vote.
In the case of a second round, or a new round of voting after the annulment of the elections, the publication of the convening order shall take place no later than eight (8) days before the date of the poll.
Article 133. -
In order to ensure the regularity of the electoral operations, the Dakar Court of Appeal designates delegates.
These delegates, appointed by order of the First President of the Dakar Court of Appeal, are chosen from among the members of the Courts of Appeal and the courts.
They carry out random on-the-spot checks on election day and on the spot.
To this end, they shall have an order of mission issued to them by the First President of the Court of Appeal of Dakar.
Article LO.134. -
The delegates referred to in Article LO.133, and the representatives referred to in Article L. 71, shall be responsible for ensuring the regularity of the composition of the polling stations, the voting operations, the counting of votes and the respect for the free Exercise of the rights of voters and candidates.
They carry out all necessary checks and checks. They shall have access to the polling stations at any time and may require the recording of any observations on the minutes prior to their transmission.
The administrative authorities and the chairmen of the polling stations shall be required to provide all the information and to communicate all the documents necessary for the exercise of this mission, together with a copy of the minutes of operations Election, when requested by the delegate.
The administrative authorities are required to provide all the means and the protection necessary for the successful execution of the mission of the delegates.
In the event of a finding of irregularities, C. E. N. A requires the administrative authority to take appropriate corrective measures. In the event that it does not proceed, C. E. N. A has the power to divest and substitute action in the course of the electoral process in respect of the responsible officer, notwithstanding its power to refer the matter to the competent courts.
At the end of the vote, the delegate of the Court of Appeal shall draw up a report on all the checks carried out, including the operation of the collection and forwarding of the minutes of the polling stations. This report shall be submitted to the First President of the Dakar Court of Appeal no later than twenty-four (24) hours after the close of the poll with a copy to the President of the Departmental Commission of Census of Votes.
At the end of the vote, each delegate of the Court of Appeal shall prepare a report to be submitted to the President of C. E. N. A no later than twenty-four (24) hours after the close of the poll.
Article LO.135 -
Counting shall take place immediately after the close of the poll.
Do not take into account the votes of which Article L. 84 of the Election Code stipulates that they are void.
The operations shall take place in accordance with the provisions of Articles L. 83 and L. 84 of the Election Code.
Article LO.136. -
The result of the vote is proclaimed and displayed in the voting room. The minutes of operations shall be drawn up in accordance with the conditions laid down in Article L. 85 and by the regulatory provisions of the Electoral Code. The representatives of the candidates who are members of the polling station are required to sign the minutes. The absence of a signature must be substantiated.
A copy of the minutes shall be given to the representative of the C.E.N.A. and to the representative of each candidate.
Article LO.137 -
The minutes and all the documents relating to the electoral operations shall be forwarded to the Constitutional Council in accordance with Article L. 86 of this Code.

Chapter IV. -Identification of votes and declaration of results
Article LO.138 -
At the level of each department is created a departmental commission for the identification of votes. The Commission is composed of:
* of three judges, one of whom is presiding, all appointed by the first President of the Dakar Court of Appeal among court judges and courts;
* one representative of the C.E.N.A.;
* one representative of each candidate or list of candidates and his or her alternate. Their first names, names, profession date and place of birth must be notified by each candidate in the presidential election.
Minister responsible for Elections, to the President of the National Commission for the Census of Votes and to the President of the Constitutional Council fifteen (15) days before the start of the poll. In the light of all the minutes of the polling stations in the département and the documents attached to them, the committee shall carry out the identification of the votes. Only judges have the right to vote.
At the national level is a National Commission for the Census of Votes. This commission is chaired by the first president of the Dakar Court of Appeal and in the event of an impediment by a judge designated by him. It shall also include, on the one hand, two judges of the seat designated by him and, on the other hand, a representative of the C.E.N.A. and a representative of each candidate or list of candidates and his alternate. The names, names, profession, date and place of birth of the representative or his alternate shall be notified to the Minister for Elections, to the President of the National Commission for the Census of Votes and to the President of the Constitutional Council 15 (15) days before polling day. It shall adopt decisions by a majority of the votes of judges who have the sole right to vote, the President taking part in the vote. The other members shall attend all meetings of the National Commission with the exception of the final deliberation, shall have access to all documents and shall have the right to bring their comments to the Minutes. The provisional declaration of the results is carried out by the Chairman of the committee under the sole responsibility of the judges.

Article 139. -
The departmental committees shall count the votes from the minutes of each polling station. They do not have the power to cancel them. However, in the event of an error in the calculation or recording of erroneous figures, they may correct and correct the minutes. They are obliged in this case to give reasons for their decision and to comment on them in the minutes which, in addition, must also mention the cases of inconsistency or doubt as to the sincerity of certain operations identified by the departmental committee. If the committee is unable to make its remarks, by consensus, each member may clarify its point of view in the Minutes.
The National Commission shall carry out the enumeration of votes from the minutes of the departmental voting registers. It can rectify them. In order to do so, it shall, where appropriate, cancel or adjust the minutes of the polling stations. The National Commission shall make the provisional declaration of the results, subject to the conditions laid down in Article L. 86. It is up to the Constitutional Council to make the final declaration of results in accordance with the provisions of Article 35 of the Constitution.
In the event of the destruction, substitution, loss or theft of the originals of the minutes, the copies held by the two-thirds (2/ 3) of the representatives of candidates or lists of candidates shall be the same as that of the representative of The C.E.N.A.
The final results of the presidential election are published in the Official Gazette, polling station by polling station by the President of the Constitutional Council.
This publication is also made on the Internet or by any other means of communication.
Chapter V. -Legal
Article 140. -
In accordance with the conditions laid down in Article 35 of the Constitution, any candidate or list of candidates may challenge the regularity of the electoral process in the form of a request to the President of the Constitutional Council.
Article LO.141. -
The application shall be lodged at the Registry of the Constitutional Council. It shall be noted by the Registrar in chief.
On the grounds of inadmissibility, the application must specify the facts and the pleas in law.

Article LO.142. -
The request shall be communicated by the Chief Registrar of the Constitutional Council to other interested candidates who have a maximum period of forty-eight (48) hours to file a factum in response. The depository of the Memorial shall be given by the Registrar in chief.
Article LO.143. -
The Constitutional Council shall decide on the request within the time limits provided for in Article 35 of the Constitution.

TITLE III. -PROVISIONS ON ELECTION OF DEPUTES TO THE NATIONAL ASSEMBLY
Chapter I. -Composition mode of election and length of term of office of Members
Article LO.144. -
The number of members of the National Assembly is set at one hundred and sixty-five (165).
Article L. 145. -
Any legally constituted political party, any coalition of legally constituted political parties, may submit lists of candidates.
All entities of independent persons may submit lists of candidates at the national level, subject to compliance with Article 4 of the Constitution. However, in order to validly present a list of candidates, the entities concerned must collect the signature of 0.5 % of registered voters residing in at least half of the country's regions, at least 1000 signatures. Region.
In any case, gender equality applies to all lists. The lists of candidates, as alternates, shall be alternately composed of persons of both sexes. When the number of members is odd, the parity applies to the even lower number.
In the case where only one Member is elected in a department, the holder and the alternate shall be of a different sex.
The coalition of political parties and entities of independent persons must choose a name different from that of the legally constituted political parties. However, a coalition may take the title of one of its constituent parties. The name or possibly the title of the coalition or entity of the independent persons must be notified to the
Minister responsible for elections at the latest on the day before the nomination declarations are submitted and at the top of the list of candidates for the elections.

Article L. 146. -
The members of the National Assembly are elected on the basis of one hundred and five (105) Members, including ninety (90) for the interior of the country and fifteen (15) for the outside, by majority voting in the département and sixty (60) Proportional representation on a national list.
For the needs of the majority voting, the outside of the country is subdivided into entities named " Departments."
The departments outside the country are:
- The North Africa Department;
- The West Africa Department;
- The Africa Department of the Centre;
- The Southern Africa Department;
- The Western, Central and Northern Europe Department;
- Southern Europe Department;
- The Americas-Oceania Department;
- Asia-Middle East Department.
The list of countries that make up these departments is fixed by decree.
Only one ballot paper is used for both voting methods.
Article L. 147. -
In each department, seven (7) Members shall be elected at most and one (1) Member at least. The number of members to be elected in each département is determined by decree taking into account the respective demographic importance of each department.
However, the maximum can be reached only when the national quotient permits. Departments with a population equal to or greater than 170,000 residents receive at least two (2) seats.
The number of deputies to be elected in each department from outside the country is determined by decree, taking into account the importance of the electorate in each department.
In each of these external departments are elected three (03) Members at most and one (01) Member of Parliament at least. However, in the same department, countries with an electorate equal to or greater than 40,000 voters obtain at least two (02) seats.
Candidates from the list who received the highest number of valid votes are elected. If the department has only one seat to be filled, the candidate with the highest number of valid votes is elected.

In case of equality of votes in the department, the list of candidates whose average age is the highest (incumbents and substitutes) wins the seats.
Article L. 148. -
Each voter's ballot is first taken into account in determining the outcome of the departmental vote. It shall then be taken into account, where appropriate, for the establishment of the result of the national vote.
Article L. 149. -
For proportional representation on a national list, the system of the national quotient is applied. To determine this quotient, the total number of valid votes cast by the number of Members to be elected for this poll is divided. So many times this quotient is contained in the number of votes obtained by each list, so it gets elected candidates. The distribution of remains is done according to the system of the strongest remains.
Article L. 150. -
To provide for a vacation that may occur:
- Each list of candidates for the majority vote within the competence of the department shall comprise a number of substitutes equal to the number of seats to be filled; in the case of a vacancy, the candidate of the same unelected sex shall be placed at the head of the The list in which the vacancy occurred;
- Each list of candidates in a proportional representation vote with a national list shall consist of fifty (50) alternates; in the event of a vacancy in a Member's seat, priority shall be given to the candidate of the same unelected sex placed in Head on the list in which the vacancy occurred.
The alternate candidates will then be called upon after the list of unelected candidates has been exhausted, taking into account gender.
When a list has been exhausted, a by-election shall be held within three (03) months of the vacancy that made it necessary. However, by-elections are not held in the last twelve (12) months of the legislature.
Article L. 151. -
The term of office of members of the National Assembly is five (5) years.
The powers of the National Assembly expire on the day of the establishment of the newly elected National Assembly.
Article LO.152. -
In the event of dissolution, general elections shall take place between the sixty (60) days and the twenty (20) days preceding the end of the term of office.

Chapter II. -Eligibility and ineligibility conditions
Article 153. -
Any registered elector may be elected to the National Assembly under the conditions and under the sole reservations set out in the following articles.
Article LO.154. -
No person shall be elected to the National Assembly if he or she is not twenty-five (25) years of age at the date of the elections.
Article LO.155. -
Naturalised aliens are eligible only after the expiry of a period of ten years (10) from the date of the Naturalization Decree and provided that they do not retain another nationality.
One of the spouses who acquired the Senegalese nationality by marriage is eligible only on the expiry of a period of ten years (10) from the date on which the acquisition is no longer subject to opposition.
The Act sets out the circumstances in which such incapacity may be reduced in accordance with the titles and circumstances of which the persons referred to in the two preceding paragraphs may avail themselves.
Article LO.156 -
Convicted individuals are not eligible, when their conviction prevents them from being placed on an electoral list in a definitive manner.
Individuals whose conviction temporarily prevents the entry on an electoral list are ineligible for a period of double that during which they cannot be placed on the voters list.
In addition, the following are ineligible:
(1) private individuals by judicial decision of their right to stand as a candidate under the laws that permit such deprivation;
(2) persons who are placed under the protection of justice or who have a guardian or guardian.
Article LO.157 -
State inspectors appointed in the body and agents of the State delegated in the functions of the State Inspector General are ineligible. However, this ineligibility ceases in the case of definitive exit of the body.
The following are also ineligible for the duration of their duties and for the first six (06) months following the termination of the post:
(1) Regional governors and their deputies, prefects and their deputies; sub-prefects and their assistants;
(2) Judges of the Courts and Tribunals;
3) the Treasurer General.

Article 158. -
To be deprived of his or her mandate as a Member of Parliament whose ineligibility will be revealed after the declaration of results and the expiry of the period of appeal, or which,
During his term of office, shall be in a case of ineligibility provided for in this Code.
Chapter III. -Incounting
Article LO.159 -
The mandate of the Member is incompatible with the quality of a member of the Government, a member of the High Council of Territorial Communities, or a member of the Council for Economic, Social and Environmental Affairs.
Article LO.160. -
The exercise of any non-elective public service is inconsistent with the mandate of a Member of Parliament.
Accordingly, any person referred to in paragraph
The former elected to the National Assembly shall be replaced in his duties and placed in the position laid down for that purpose by the Statute governing him within eight (08) days following his entry into office, or in the event of a challenge to the election, in The eight (08) days following the validation decision.
The exercise of functions entrusted by a foreign State or an international organization and remunerated on their funds is also incompatible with the mandate of a Member of Parliament.
However, teachers of higher education shall be excepted from the provisions of the first two (02) paragraphs of this Article.
Article 161. -
Members may be appointed by the executive branch of a public mission during their term of office. The exercise of this public mission is consistent with the mandate of Parliament.
Article LO.162. -
It is incompatible with the parliamentary mandate, the functions of the President and a member of the Board of Directors, as well as the practice of any profession employed in the undertakings of the BPS. The same also applies to all functions performed on a permanent basis as counsel to the same institutions or undertakings. The same applies to the situation of majority shareholder in enterprises under the control of the State.
The incompatibility laid down in this Article shall not apply to Members appointed to that quality as a member of the board of directors, public establishments or undertakings placed under the control of the State, by virtue of the texts governing these Companies or institutions.

Article LO.163. -
The duties of a Member of Parliament are incompatible with the duties of a Member of Parliament, Chairman of the Board of Directors, Deputy Head, Director General, Deputy Director or Manager, exercised in:
(1) companies, undertakings or establishments, in the form of a guarantee of interest, of subsidies, or in an equivalent form, of benefit provided by the State or by a public authority, except in the case where those advantages derive from The automatic application of general legislation or general regulation;
(2) companies that have exclusively a financial object and publicly rely on savings and credit;
4) the companies and undertakings whose activity consists mainly in the execution of works, the provision of supplies or services for the account or under the control of the State, a community or an establishment of which more than half Of the share capital is made up of interests of companies or companies having the same activities.
Article LO.164. -
Members of Parliament are prohibited from exercising a term of office as a member of the board of directors or supervisory bodies or any functions performed on a permanent basis as counsel in companies, establishments or Enterprises referred to in the preceding Article. It is also forbidden for any parliamentarian to be in the running of a majority shareholder of such a company, establishment or enterprise.
It is also prohibited for any other member of Parliament to act as a chief executive officer, chairman of the board of directors, chief executive officer, director general, deputy director or manager, and a member of the board of directors. A board of directors or supervisory board or any functions performed on a permanent basis as a board in any company, institution or enterprise. It is also forbidden for any Member of Parliament to be in office, a majority shareholder of such a company, establishment or enterprise.
However, the prohibitions referred to in the preceding two (02) paragraphs shall not apply where the duties concerned were exercised at the time of the first election of the person concerned as a Member, or where the situation of a shareholder The majority existed in this first election. In such case, the current period of office of any new function referred to in the preceding two (02) paragraphs shall be subject to prior authorisation by the Bureau of the National Assembly.

Article LO.165. -
Notwithstanding the provisions of the foregoing Articles, members of the members of a departmental or municipal council may be appointed by such assemblies or councils to represent them in bodies of regional or local interest. That these organizations are not intended to make or distribute profits and that they are not engaged in paid employment. In addition, Members of Parliament, even non-members of an assembly or a board referred to above, may perform functions of:
- Chair of Board of Directors;
- A deputy head or a member of the board of directors of a mixed economy, local regional equipment company or a corporation that has an exclusively local purpose when these functions are not remunerated.
Article LO.166. -
No lawyer shall be admitted to the Bar when he or she has a mandate as a Member of Parliament, directly or indirectly through an association, an employee or a secretary, except in the High Court of Justice, Act of profession in business
Where criminal proceedings are brought before the law-enforcement courts for crimes or offences against the public, in matters relating to the press or against credit and savings; it shall be prohibited under the same conditions To plead or consult against the State, the public authorities or institutions and the companies under the control of the State.
Article LO.167. -
No Member shall make or leave his name followed by the indication of his or her quality in any publicity relating to a financial, industrial or commercial enterprise.
Will be punished by imprisonment for one to six months and a fine of between 100,000 and 500,000 FCFA by the founders, directors or managers of companies or establishments, whether commercial, industrial or financial, that have the name of a Member With reference to its quality in any advertising made in the interest of the company they direct or that they propose to found. In the event of a repeat offence, the above mentioned penalties may be doubled.
Article LO.168 -
A Member who, in his election, is in one of the cases of incompatibility referred to in this Chapter, shall be required to establish within eight (08) days of his or her entry into office that he or she has discharged those functions that are inconsistent with his or her mandate, Or that it is no longer in the situation of majority shareholder declared incompatible under Articles LO.162 and LO.164 or, if it holds a public employment, that it has requested to be placed in the special position provided for in its Staff Regulations.

Failing that, he is declared to have resigned ex officio, unless he falls short of his mandate.
The resignation of office is noted in all cases by the National Assembly at the request of the President of the Republic or the Bureau. It does not result in ineligibility.
Chapter IV. -Statement of application
Article L. 169. -
Any legally constituted political party, any coalition of legally constituted political parties or entities comprising independent persons who have met the requirements of Article L. 145 to participate in the elections Is required to make a nomination paper, possibly a double declaration of candidacy, the first of which concerns candidates for the departmental vote, and the second concerns candidates for national elections.
Such declarations shall include:
(1) the name and possibly the title of the political party, the coalition of political parties or the entity of independent persons;
(2) the photograph of the candidate in the first rank on the national list and the colour, symbol and possibly the abbreviation chosen for the printing of the ballot papers, together with the model of the paper and electronic form for Provide information on the colour of the colours and their disposition on the said ballot;
(3) the names, names, dates and place of birth, sex of each candidate, their profession and domicile, with the accuracy of their service, employment and place of assignment, if they are agents of the State;
4) the indication of the department in which they
Present;
5) a receipt confirmed by a certificate signed by the Director General of the Caisse des Dépôts et Consignations to certify the deposit of the deposit.
For majority voting, parties and coalitions of parties as well as entities of independent persons are not required to submit lists of candidates in all departments. However, the list presented in a department must be complete.
For proportional representation, the lists submitted must be complete. The same person cannot be a candidate in both the majority and proportional elections, nor can they run in several departments.

Article L. 170. -
The models of nomination declarations shall be fixed by order of the Minister responsible for elections.
The application package includes:
1) a deposit slip;
(2) a receipt confirmed by a certificate signed by the Director General of the Caisse des Dépôts et Consignations attesting the deposit of the bond;
(3) a declaration of nomination by which the party, coalition or entity presents its candidates;
(4) a declaration of nomination by which the party, the coalition or the entity specifies the departments in which it is present and the method of voting chosen;
5) an individual declaration of application by which the candidate certifies that he is applying, that he is a candidate only on that list and that he is not in any of the cases of ineligibility provided for in this Code.
The individual application declaration shall be accompanied by the following documents:
1) an extract of an act of birth of less than six (06) months or the legalized photocopy of the ECOWAS biometric identity card;
(2) a criminal record number 3 less than three (03) months;
Independent candidates also include:
(1) a list of electors supporting the candidates,
Established in accordance with the provisions of Article L. 145;
2) a declaration on the honour by which the independent candidate certifies that he is not campaigning in any political party or that he has ceased all militant activity for at least twelve (12) months.
In the event of a challenge to the independent status of a candidate, the Constitutional Council shall be seized. The party that raised the issue will have to justify its diligence.
Article L. 171. -
No later than one hundred and fifty (150) days before the election, an order of the Minister responsible for Elections shall determine the amount of the security to be paid to the Caisse des Dépôts et Consignations by the agent of a political party Formed, of a coalition of legally constituted political parties, or of an entity of independent persons who have submitted a nomination paper. This deposit shall be refunded within 15 days (15) after the final declaration of the results to the list of candidates having obtained at least (1) an elected member of the National Assembly.
In the event of an early election, the amount of the last bond is maintained.

Article L. 172. -
Applications shall be submitted, with a deposit slip, to the Ministry responsible for Elections with a commission established by order, seventy (70) days at least and seventy-five (75) before the date of the vote, by the Either of the legally constituted political party or of the coalition of political parties legally constituted or of the entity of independent persons who have supported the candidates.
Article L. 173. -
The list of candidates accompanying the application files shall be established in duplicate, one of which shall be addressed to the C.E.N.A.
Mention is made of the exact time of filing. Neither substitution nor withdrawal of candidature is allowed.
The receiving commission, on the basis of the check list and after a summary and contradictory check with the representative on the documents in the application file, shall immediately issue a receipt to the Commission to certify the deposit.
This receipt is properly addressed by the supervisor of C. E. N. A to authenticate the deposit control in legal forms and deadlines. It does not prejudge the admissibility of the applications submitted.
The declarations received by the Ministry responsible for Elections and the accompanying documents shall be kept at the disposal of each list of candidates who may verify the contents of the statements by a representative.
Article L. 174. -
It is not acceptable to the list that:
1) is incomplete;
(2) does not contain the mandatory indications provided for in Articles L. 145 and L. 169;
3) shall not be accompanied by the documents provided for in Article L. 170;
(4) shall not contain the receipt confirmed by a certificate signed by the Director General of the Caisse des Dépôts et Consignations attesting to the deposit of the security provided for in article L .171;
5) is filed outside the statutory deadline.
Article L. 175. -
For the purposes of legal admissibility, the Committee shall analyse the files within forty-eight (48) hours following the deadline for the deposit of the material.

The replacement of ineligible candidates, without prejudice to the order of investiture, and the substitution of obsolete or material errors shall, where appropriate, be immediately notified to the representative of the list concerned. The latter shall have three (3) days from the date of notification in order to remedy the situation, under pain of rejection of the application concerned.
In the event that, for any of the reasons listed in
Article L. 174, the Minister responsible for Elections considers that a list is not admissible, it shall notify, in writing, the reasons for its decision to the representative of the said list within two (2) days from the date of the material filing of the files of Applications.
Article L. 176. -
A legally constituted political party, a coalition of legally constituted political parties or an entity of independent persons cannot use a colour, a symbol, a symbol already chosen by another party, a coalition of Political parties or an independent entity.
In case of dispute, the Minister responsible for Elections shall give priority to each political party its statutory colour, its abbreviation and its traditional symbol in order of seniority. For coalitions of political parties and entities with independent persons, attribution is done according to the date of notification of the chosen name.
The Minister responsible for Elections shall immediately inform the interested parties.
It is forbidden to choose emblems with a combination of the three colours of the flag of the Republic: green, gold and red.
Article L. 177. -
Any candidate who, in bad faith, has subscribed to an inaccurate statement on his or her eligibility or on his or her presence on a list, will be punished by imprisonment for one month to one year and a fine of 18,000 to 360,000 FCFA.
Article LO.178. -
After the period of forty-eight (48) hours provided for in the first paragraph of Article L. 175, until the date on which the order publishing the declarations received is taken, if it appears that a declaration of application has been filed in favour of a person Ineligible, the Minister responsible for Elections must refer the matter to the Constitutional Council, which shall decide within three (03) days of the admissibility of the application.
If the time limits referred to in paragraph 1 are not complied with, the application must be received.

Article LO.179. -
No later than sixty (60) days before the election, the Minister responsible for Elections shall adopt and publish the declarations received, possibly amended, taking into account the provisions of Articles 175 (2) and 178.
A copy of the order of publication must be issued to each representative of lists of candidates.
Article LO.180. -
In the event of a challenge to an act of the Minister responsible for Elections taken pursuant to Articles l.175, l.176 and LO.179, representatives of the lists of candidates may, within twenty-four (24) hours of the notification of the decision or its Publication, to appeal to the Constitutional Council which shall act in the (03) three days following that of the registration of the request.
Article LO.181. -
Between the date of signature of the order of the Minister responsible for Elections publishing the declarations received and the day before the election at zero hour, in the event of death or ineligibility of candidates, the representative of the list shall, without delay, declare Supplementary candidature to the Minister responsible for Elections which receives it, where appropriate, broadcasts it by radio and shall publish it by posting in all the polling stations concerned.
This supplementary declaration may relate only to a candidate of the same sex and must be accompanied by the documents provided for in Article L. 170.
Chapter V. -Election campaign
Article LO.182 . -
The campaign for the elections of Members of the National Assembly shall be open twenty-one (21) days before the date of the poll.
It ends the day before the election at zero.
Article LO.183. -
The provisions of Articles LO.125 to LO.128 shall apply to parliamentary elections.
Article LO.184. -
The broadcasting time made available to candidates and broadcast by the public audiovisual service is divided into two (02) fractions, the quotity of which is determined by the body responsible for the regulation of the media:
- A fraction of the time apportioned equally among all legally constituted political parties, coalitions of legally constituted political parties or entities of independent persons representing the lists of candidates;

- A proportion of time allocated proportionally, taking into account the parliamentary representation of political parties which have submitted lists of candidates.
The time and schedules of the programmes and the arrangements for their implementation shall be fixed by decree after the opinion of the body responsible for the regulation of the media.
Article LO.185. -
The media regulatory body shall ensure that the principle of equality between the representatives of the lists is respected in the information programmes of the public service of Radio Television, with regard to reproduction and comments of Statements, writings, activities of candidates and representation of their person.
Chapter VI. -Electoral Operations, Census of Votes and Proclamation of Results
Article LO.186. -
Voters shall be summoned by decree published at least ninety (90) days before the date of the poll.
However, in the event of a presidential election under Article 31 (2) of the Constitution, the decree shall be taken no later than sixty (60) days before the vote.
Article LO.187. -
The provisions of Articles LO.134 to LO.137 shall apply to the elections of Members of the National Assembly.
Article LO.188 -
The provisions of Articles LO.138 and LO.139 shall apply to the elections of Members of the National Assembly.
Article LO.189 -
The National Commission for the Census of Votes proclaims the results and declares the candidates provisionally elected.
Article LO.190. -
If no dispute relating to the regularity of the election has been filed in the Registry of the Constitutional Council by one of the candidates within five (05) days of the provisional proclamation, the Constitutional Council shall declare the Members who are definitely elected.
The final results of the parliamentary elections shall be published in the Official Journal by polling station.
This publication is also made on the Internet or by any other means of communication.

Chapter VII. -Legal
Article L. 191. -
Every candidate for election shall have a period of five (05) days from the provisional declaration of the results by the National Commission of the Census of Votes to challenge the regularity of the electoral process.
Article LO.141 shall be applied.
Article LO.192. -
The request shall be communicated by the Registrar in chief of the Constitutional Council to representatives of the various lists in attendance, who shall have a maximum period of three (03) clear days to file their brief in reply. The Registrar shall record the receipt of the memorandum by the Chief Registrar.
However, motions that are inadmissible or contain only those grievances which, obviously, cannot have any definitive influence or annulment of the election are rejected, by reasoned decision, without prior contradictory instructions.
Article LO.193. -
The Constitutional Council shall decide on the request within five (05) days of its filing. Its judgment shall have the final proclamation or the annulment of the election.
In the event of cancellation, a new ballot shall be held within twenty-one (21) days.
LO.194. -
The disqualification provided for in Article LO.158 of this Code shall be established by the Constitutional Council at the request of the Bureau of the National Assembly, a group of deputies, in accordance with the rules of procedure of the National Assembly or of the President of the The Republic.
In addition, in the event of a final conviction subsequent to the election, forfeiture shall be found, in the same manner, at the request of the Public Prosecutor's Office.

TITLE IV. -ELECTION OF SENIOR ADVISORS
Chapter I. -Composition, method of appointment and duration of the mandate of the Senior Councilors
Article 195. -
The number of senior councillors shall be set at one hundred and fifty (150) thus apportioned:
Eighty (80) senior councillors elected in the departments;
- Seventy (70) high advisors appointed by the President of the Republic.
Article LO.196. -
In each department, are elected three (03) top advisors and one (01) top advisor at least. The number of senior councillors to be elected in each department is determined by decree taking into account the respective demographic importance of each department.
Article LO.197 -
Any political party, any coalition of legally constituted political parties or entities comprising independent persons, who have met the requirements of paragraph 3 of this article, may submit lists of candidates. A representative shall be appointed, at the national level, for that purpose.
Gender equality applies to all lists each time there is more than one seat to be filled.
In the case of the participation of coalitions of political parties and independent persons, the name of the coalition or the entity of the independent persons shall be notified to the Minister responsible for Elections at the latest The day before the filing of the application.
However, in order to be able to present a list of candidates, the independent persons concerned must obtain the signature of 5 % of the advisers in the department. Signatures are filed at the time of notification of the entity's name.
In any case, the political party, the coalition of political parties or the entity of the independent persons, may choose a title for its list.
Article 198. -
The high councillors elected in the department are elected by the majority vote in a round on a departmental list.

The seats shall be allocated in accordance with paragraphs 4 and 5 of Article L. 147 of the Electoral Code.
Article LO.199. -
Senior councillors are elected in each department by an electoral college composed of:
1) departmental advisors;
2) municipal councillors.
In connection with the Prefects and the Deputy Prefects, the relevant departments of the Ministry responsible for Elections, after exhaustive enumeration, draw up the list of electors for the department.
The list must include all members of the electoral college in the department.
No elector can use several elected terms to vote more than once in the same ballot.
The ECOWAS biometric identity card is used in the vote.
The modalities for the establishment of the electoral lists of the departments shall be determined by the order of the Minister for Elections.
Article LO.200. -
The member of the electoral college whose election is contested shall take part in the vote.
Article LO.201. -
Each list of candidates, within the purview of the department, includes as many alternate candidates as seats to be filled.
In the event of a vacancy, the alternate candidate of the same sex shall be called upon if the department has more than one seat. When a list has been exhausted, a by-election shall be held within three (03) months of the vacancy that made it necessary. However, partial elections are not held within the last twelve (12) months of the mandate of the High Council of Local and Regional Authorities.
Article L. 202. -
The term of office of senior advisors is five (05) years. It expires on the 30th of the month of its installation in the fifth year. With the exception of dissolution, the elections shall take place between the sixty (60) days and the twenty (20) days before the expiry of the term of office.
The senior councillors of the outgoing local authorities remain in office until the new assembly is installed.

Chapter II. -Eligibility and eligibility requirements
Article LO.203. -
May be elected to the High Council of Territorial Communities, the councillor of twenty-five (25) years at least on election day.
Any candidate for the High Council of Territorial Communities must be included on the list of electors for a commune in the department where he presents himself.
The other conditions of eligibility and the ineligibilities are the same as those provided for in articles LO.155 to LO.158 of the Electoral Code.
Chapter III. -Incompatibilities
Article 204. -
The mandate of the High Adviser is incompatible with the quality of the Member, the Member of the Government and the Member of the Economic, Social and Environmental Council.
Chapter IV. -Statement of application
Article L. 205. -
Any political party, any coalition of legally constituted political parties or entities of independent persons wishing to participate in the election of the senior councillors must make a declaration of application.
This declaration must include:
(1) the name of the political party, the coalition of political parties or the entity of the independent persons and possibly the title of the list;
(2) the colour, symbol and possibly the abbreviation chosen for the printing of the ballot papers together with the model of the paper and electronic form to provide information on the colour of the colours and their provision on the said Bulletin;
3) the list, in duplicate, for each candidate, holder and substitute: the first names, name, date and place of birth, registration number on the list of electors of a municipality, address, occupation with the accuracy of the service and of the Place of assignment if he is an agent of the State;
4) the indication of the department where the list is
Present.
The lists submitted must be complete and indicate the order of presentation of the incumbent and alternate candidates.
The same candidate may not appear in more than one department or on more than one list. He may not be both a candidate and an alternate of another candidate.

Article L. 206. -
Nomination statements must be accompanied, for each candidate, holder and alternate, of the following documents:
- An excerpt of a birth certificate dating back less than six (06) months or the legalized photocopy of the ECOWAS biometric identity card;
- A criminal record number 3 less than three (03) months;
- A declaration on the honour by which the candidate certifies that he is applying, that he is a candidate only on that list and that he is not in any of the cases of ineligibility provided for in the Electoral Code;
- An attestation by which the political party, the coalition of political parties or the entity of independent persons, invests the person concerned as a candidate.
In all cases, the nomination forms shall be fixed by order of the Minister for Elections.
Article L. 207. -
Application files shall be filed, with mailing list, to the Department responsible for Elections with a commission established by order, twenty (20) days at least and twenty-five (25) days before the date of the poll, by the agent Chosen for this purpose. The duplicate of the list filed is for the C.E.N.A.
Mention is made of the exact time of filing. Neither substitution nor withdrawal of candidature is allowed.
The receiving commission, on the basis of the check list and after a summary and contradictory check with the agent on the documents in the application file, shall immediately issue a receipt to certify the deposit. This receipt is properly addressed by the supervisor of C. E. N. A to authenticate the deposit control in legal forms and deadlines. It does not prejudge the admissibility of the applications submitted.
The Commission shall analyse the files within forty-eight (48) hours of the physical deposit. The replacement of ineligible candidates, without prejudice to the order of investiture and the substitution of obsolete or material errors, shall, where appropriate, be immediately notified to the representative of the list concerned. The applicant shall have three (03) days to remedy the application, subject to the rejection of the application concerned.
Article L. 208. -
In the analysis of the candidature files, articles L. 176 and L. 177 of the Electoral Code are applicable.

Article L. 209. -
It is not acceptable to the list that:
1) is incomplete;
(2) does not comply with the provisions of Article LO.197;
3) does not include the mandatory indications
Under Article L. 205;
4) shall not be accompanied by the documents provided for in Article L. 206 shall be filed outside the statutory deadline.
In the event that, for any of the enumerated grounds
Above, the Minister responsible for Elections considers that a list is not admissible, he shall notify his reasoned decision to the representative of that list within three days of the registration of the substantive deposit of the candidature files.
Article L. 210. -
No later than fifteen (15) days before the vote, the Minister responsible for Elections shall adopt and publish the declarations of application which have been deemed to be admissible, possibly amended, taking into account the provisions of Article L. 207.
A copy of the order of publication must be issued to each representative of lists of candidates.
Article L. 211. -
In the event of a challenge to an act of the Minister responsible for Elections, taken pursuant to Articles L. 208, L. 209 and L. 210, representatives of the lists of candidates may, within twenty-four (24) hours following the notification of the decision or its Publication, to appeal to the Constitutional Council, which shall act within three (03) days following the registration of the request.
Article L. 212. -
In the event of the death or ineligibility of a candidate found between the date of publication of the order declaring the declarations of application admissible and the day before the vote at midnight, the representative of the list shall make, without delay, a supplementary declaration of Candidature for the Minister responsible for Elections which receives it, if it is broadcast by radio and shall publish it by posting to all the polling stations concerned. This supplementary declaration may relate only to a candidate of the same sex and must be accompanied by the documents provided for in Article L. 206.
Chapter V.-Election campaign
Article LO.213. -
The election campaign for the election of senior councillors is open seven (07) days before the date of the poll. It ends the day before the vote at midnight.

Article LO.214. -
There is no broadcasting time in the state media. Electoral meetings may be held during the duration of the campaign in accordance with the provisions of article 6 of Act No. 78-02 of 28 January 1978 on meetings.
Article LO.215. -
Article L. 60 of the Electoral Code is applicable to the election of senior councillors.
With regard to the media coverage of the election campaign, article LO.131 of the Electoral Code is applicable.
Chapter VI. -Election Operations -
Census of Votes and Proclamation
Results
Article LO.216. -
Voters shall be summoned by order issued at least forty (40) days before the date of the poll.
Article LO.217. -
The ballot lasted only one day. It takes place on a Sunday.
The convening order of the electoral college specifies the time for the opening and closing of the poll.
Article LO.218. -
One or more polling stations are set up by department in the commune of the department, except in particular cases to be settled by decree.
The list of candidates must designate a plenipotentiary to the Prefet of the Department ten (10) days before the vote. The powers of the Plenipotentiary are those described in Article L. 68 of the Electoral Code.
The names, names, profession and registration number on a list of electors for the department, representatives of the lists of candidates shall be notified to the Prefet and to the C. E. N. A no later than eight (08) days before the date of the poll.
Each polling station shall consist of:
* of a president, an assessor, a secretary designated by the Prefet among officials of the State of hierarchy A, B or C, or assimilated, in activity or admitted to retirement and residing in the department, or among the agents of Public authorities, public or parapublic establishments, residing in the department of a rank equivalent to that of the officials of the above mentioned State;
* and a representative on an electoral list of a commune in the department by list of candidates or by candidate, as a member.

The Prefet shall draw up a list of the members of the polling stations and the representatives of the candidates or lists of candidates and their alternates.
The list of members of the polling station shall be validated by C. E. N. A and published by order not later than seven (07) days before the vote. It shall be notified to the persons concerned and to the plenipotentiaries of the lists of candidates and shall be displayed in front of each polling station.
The ballot is supervised and controlled by the C.E.N.A. It guarantees the free exercise of their rights to voters and to the lists in the running.
Article LO.219. -
With regard to the functioning of the polling station and the conduct of the election, articles L. 72 to L. 85 of the Electoral Code are applicable.
Article LO.220. -
Each member of the polling station is the recipient of the minutes of the election. A copy must be provided to the representative of C.E. N. A and to the Préfet for the records of the department.
Article LO.221. -
The original of the minutes of the polling station and the documents annexed thereto shall be transmitted under sealed cover by sworn agents appointed by the Prefect to the President of the Court of Instance or his replacement. The latter or his or her replacement, if any, is the only person entitled to proclaim provisional results, taking into account all the votes in the place of voting.
Following the declaration of provisional results, the original of the minutes of each polling station, the documents annexed and the declaration of the provisional results of the department, shall be transmitted under seal to the President of the National Commission for the Census of Votes through the delegates of the Court of Appeal or by sworn officers under the responsibility of the First President of the Dakar Court of Appeal.
Article LO.222. -
The National Commission for the Census of Votes shall be established and organized in accordance with the provisions of article LO.138 of the Electoral Code.
The Commission shall conduct the enumeration, the analysis of the votes and the declaration of provisional results no later than Wednesday after the date of the vote at midnight.
Article LO.223. -
After the provisional declaration of the results, the minutes and the set of documents are forwarded to the Constitutional Council.

If no objection to the regularity of the election has been lodged at the Registry of the Constitutional Council by the agent of a list of candidates or one of the candidates within five (05) days of the provisional declaration, The Council declares the senior councillors to be finally elected.
The final results of the election of senior councillors shall be published in the Official Journal, polling station by polling station, by the care of the President of the Constitutional Council.
Chapter VII . - Legal
Article LO.224. -
The provisions of Articles L. 191 to LO.194 of the Electoral Code shall apply.
The request referred to in the second paragraph of Article LO.194 shall be submitted by the Office of the High Council of Territorial Communities or by the President of the Republic.
Chapter VIII. -Penal provisions
Article L. 225. -
The provisions of Articles L. 88 to L. 114 shall apply.
TITLE V. -PROVISIONS RELATING TO ELECTION OF COUNCILLORS
DEPARTEMENTAL

Chapter I. -Composition, method of appointment and duration of the mandate of the Departmental Advisers
Article L. 226. -
The departmental advisors are elected for five (05) years by direct universal suffrage.
The number of departmental advisors is as follows:
- 40 members in the departments of less than 200,000;
- 60 members in the departments of 200,000 to 400,000 inhabitants;
- 80 members in the departments of 400.001 to 600,000 inhabitants;
- 100 members in the departments of more than 600,000 inhabitants.
The number of departmental advisers to be elected in each department is fixed by decree taking into account the demographic importance of each department.
Article L. 227. -
The departmental councillors are elected for 45 % by the majority list in one round and for 55 % by the departmental proportional representation vote on complete lists, without panachage or preferential voting.

The departmental majority list must have at least one (01) candidate candidate and one alternate candidate on the list of electors for each municipality.
In the event of a tie, the lists of candidates concerned will be divided by the highest average age (incumbents and substitutes).
Article L. 228. -
Any legally constituted political party, any coalition of legally constituted political parties or any entity of independent persons may submit lists of candidates.
Gender equality applies to all lists. The lists of candidates, as alternates, shall be alternately composed of persons of both sexes. When the number of members is odd, the parity applies to the even lower number.
Coalitions of political parties and entities of independent persons must choose a name and possibly a title, colour and symbol different from those of the legally constituted political parties. However, a coalition of parties may take the name and possibly the title, colour or symbol of one of its constituent parties. The name and possibly the title of the coalition or entity must be notified to the prefect no later than the day before the nomination declarations are filed and shall be at the top of the list of candidates for the elections.
Article L. 229. -
For proportional voting, the system of the departmental quotient is applied. To determine this quotient, the total number of votes validly cast is divided by the number of departmental councillors to be elected for this election. So many times this quotient is contained in the number of votes obtained for each list, so it gets elected candidates. The distribution of remains is done according to the system of the strongest remains. In the case of equality, the seat shall be awarded to the oldest of the candidates who are likely to be elected.
Article L. 230. -
When the departmental councillors are elected by the majority list, each list shall include a number of substitutes equal to the number of seats to be filled. In the event of a vacancy, the alternate of the same sex shall be placed at the head of the list in which the vacancy occurred.

When the departmental councillors are elected by proportional representation, each list shall include a number of substitutes equal to half of the seats to be filled. However, in the event that the number of councillors to be elected is odd, then it is increased by one unit to determine the list of substitutes accurately. In the event of a vacancy, priority shall be given to the candidate of the same unelected sex placed at the head of the list in which the vacancy occurred. The alternate candidates will then be called upon after the list of unelected candidates has been exhausted.
Article l.231. -
In the event of an overall cancellation of the electoral operations or if the departmental council has lost by the effect of the exhaustion of the lists, one third of its members shall be carried out in the first instance in new elections and in the second case Additional elections within six (6) months from the date of the cancellation or the latest vacancy.
At the same time, elections shall be held in the event of the dissolution of the Departmental Council or the resignation of all its members in office.
However, in the year preceding the full renewal, the supplementary elections are organised only if the departmental council has lost half its members.
Article L. 232. -
Departmental advisors are elected for five (05) years. Except in cases of dissolution, the departmental elections shall take place within thirty (30) days before the expiration of the fifth year after the date of the last general renewal vote of the departmental advisers.
However, a decree may shorten or extend the mandate of a departmental council to coincide its renewal with the date of the general renewal of departmental advisors.
Chapter II. -Eligibility requirements,
Ineligibility and incompatibility
Article L. 233. -
Is eligible for the departmental council, an elector of the department presented by a political party legally constituted or by a coalition of legally constituted political parties, subject to Articles L. 234 to L. 237 of this Electoral Code.
Article L. 234. -
Cannot be departmental advisors:
(1) the persons referred to in Article L. 58;
(2) those who are placed under the protection of justice;

3) those who are rescued by municipal, departmental or state budgets or by charitable offices;
4) those who have been convicted under article 61 of the General Code of Local Government;
5) individuals convicted under the
Articles 101, 102, 103, 104, 105 of the Penal Code;
(6) those who are in a case of ineligibility or incompatibility under the Election Code;
(7) Except as otherwise provided for in international conventions, aliens naturalized for a period of ten (10) years from the date of the Naturalization Decree, unless the naturalized person has been relieved of such incapacity for Exceptional services rendered in Senegal within the meaning of Article 12 of Act No. 61-10 of 7 March 1961 determining the nationality of Senegal, as amended by Law n ° 2013-05 of 08 July 2013;
8) the councillors who have resigned pursuant to Articles 66 and 67 of the General Code of Local Government, on the occasion of the departmental elections following the date of their resignation.
Article L. 235. -
State inspectors appointed in the body and agents of the State delegated in the functions of the State Inspector General are ineligible. However, this ineligibility ceases in the case of definitive exit of the body.
Also ineligible during the performance of their duties and for a period of six (06) months after the expiration of their duties:
(1) Members of the Constitutional Council, the judges of the Supreme Court, the Court of Auditors and the Courts and Tribunals, except as provided for by law;
(2) Governors, prefects and sub-prefects and their assistants;
(3) the Treasurer General, the Receiver General, the Payor, the Regional Pay Treasurer, the Receiving and Receiver General, and the Receiver General;
(4) Secretaries-General of Department.
The ineligibility of the persons holding the functions defined in the preceding paragraph shall extend, under the same conditions, to persons who exercise or have exercised, for a period of at least six (06) months, those same functions without being or having been Holders.

Article L. 236. -
They are not eligible in the department where they perform their duties:
1) the accountants of the departmental funds and the heads of the services of the base and of the collection;
(2) the heads of regional and departmental services of the State and regional and departmental representatives of public establishments;
3) agents of all orders employed in departmental revenue;
4) employees in the departmental community, including those who are not members of the State or who are engaged in an independent profession, receive compensation from the département only because of the services they provide to them In the exercise of this profession.
The same applies in the case where they carry out their activities, contractors or departmental dealers where they are bound by a convention permanently placing them in a non-arm's length relationship or of interest to the Department.
Article L. 237. -
The mandate of the departmental adviser is incompatible with the functions listed in Articles L. 235 and L. 236 of this Code.
Departmental advisers appointed after their election to the functions referred to in the first paragraph of this Article shall have, from the date of appointment, a period of thirty (30) days to choose between the acceptance of the Retention of the mandate. In the absence of a declaration addressed within that period to their hierarchical superior and to the prefect, they shall be deemed to have opted for the conservation of the said employment.
Article L. 238. -
Any counsel of the department who, for any reason, is in one of the cases of ineligibility provided for by law, perhaps at any time, declared resigned by the representative of the State, except in the case before the Court of Appeal, in accordance with the The procedure laid down in this regard.
Any elector in the department may refer a case of ineligibility or incompatibility to the representative of the State or the Court of Appeal.
Chapter III. -Statement
Candidates
Article L. 239. -
Any legally constituted political party, any coalition of legally constituted political parties or any entity involving independent persons wishing to participate in the departmental elections must make a declaration of application.

However, in order to validly present a list of candidates, independent entities must collect the signature of 2 % of the registered voters in the department. These signatures must be distributed in at least half of the constituent municipalities of the department, at least 5 % in each of these communes. If the number of constituent communes of the department is odd, it is increased by one unit to determine exactly half.
Signatures are filed at the time of notification of the entity's name.
The number of signatures required in each department, half the constituent communes of each département and the number of signatures required in each of these communes shall be fixed by order of the Minister responsible for Elections.
Article L. 240. -
The lists of candidates may be submitted either for the proportional vote or for the majority vote, or for the two (2) votes.
The lists of candidates submitted must be complete and established in accordance with the provisions of paragraphs 2 and 3 of Article L. 228.
A person cannot be a candidate in both the majoritarian and proportional voting system, nor can he be a candidate in several departments.
Article L. 241. -
Statements should include:
(1) the name of the political party of the coalition of political parties or of the entity of independent persons and possibly the title;
(2) the colour, symbol and possibly the abbreviation chosen for the printing of the ballot papers together with the model of the paper and electronic form to provide information on the colour of the colours and their provision on the said Bulletin;
(3) the names, names, dates and place of birth of each candidate, their profession and domicile, with the accuracy of their service, employment and place of assignment, if they are agents of the State;
4) for each candidate the registration number on a list of electors in the department;
5) the indication of the department in which they appear.
Article L. 242. -
The models of nomination declarations shall be fixed by order of the Minister responsible for elections.

The application package includes:
1) a deposit slip;
(2) a receipt confirmed by a certificate signed by the Director General of the Caisse des Dépôts et Consignations attesting the deposit of the bond;
(3) a declaration of nomination by which the party, coalition or entity presents its candidates;
(4) a declaration of nomination by which the party, the coalition or the entity specifies the department in which it presents itself and the method of voting chosen;
5) an individual declaration of application by which the candidate certifies that he is applying, that he is a candidate only on that list and that he is not in any of the cases of ineligibility provided for in this Code.
The individual declaration of candidature shall be accompanied by an extract of an act of birth of less than six (06) months or a notarized photocopy of the ECOWAS biometric identity card.
Independent candidates also include:
(1) a list of eligible voters established in accordance with the provisions of Article L. 239;
2) a declaration on the honour by which the independent candidate certifies that he is not campaigning in any political party or that he has ceased all militant activity for at least twelve (12) months.
In the event of a challenge to the independent status of a candidate, the Constitutional Council shall be seized. The party that raised the issue will have to justify its diligence.
Candidates who are declared elected shall be required to produce within 15 days of their election, subject to the forfeiture of their terms of office, a Bulletin No 3 of the criminal record of less than three (03) months.
Article L. 243. -
The lists of candidates are subject to the deposit of a security deposit to be paid to the Caisse des Dépôts et Consignations by the representative of the political party, the coalition of political parties or the entity of independent persons.
The amount of the security shall be fixed by order of the Minister for Elections not later than one hundred and fifty (150) days before the election.
A discharge confirmed by a certificate signed by the Director General of the Caisse des Dépôts et Consignations shall be issued.
This deposit shall be refunded within fifteen (15) days following the declaration of the results to the list of candidates who have obtained at least one (1) departmental councillor elected in each département where the list will be presented.

If the list appears only in one department, the reimbursement of the deposit shall be made only if it obtains at least three (3) elected departmental advisers.
In the event of an early election, the amount of the last bond is maintained.
Article L. 244. -
The application files shall be filed, with a deposit slip, in the Prefecture with a commission established by order, eighty (80) days at least and, not more than eighty-five (85) before the date of the poll, by the representative Legally constituted political party, either from the coalition of legally constituted political parties or from the entity of independent persons who supported the candidates.
Article L. 245. -
The list of candidates accompanying the application files shall be established in duplicate, one of which shall be addressed to the C.E.N.A.
Mention is made of the exact time of filing. Neither substitution nor withdrawal of candidature is allowed.
The receiving commission, on the basis of the check list and after a summary and contradictory check with the representative on the documents in the application file, shall immediately issue a receipt to the Commission to certify the deposit.
This receipt is properly addressed by the supervisor of C. E. N. A to authenticate the deposit control in legal forms and deadlines. It does not prejudge the admissibility of the applications submitted.
The declarations received in the Prefecture and the accompanying documents shall be kept at the disposal of each list of candidates who may verify the contents of the statements by a representative.
Article L. 246. -
It is not acceptable to the list that:
1) is incomplete;
(2) does not contain the mandatory indications provided for in Articles L. 228 and L. 239;
3) shall not be accompanied by the documents provided for in Article L. 242;
(4) shall not contain the receipt confirmed by a certificate signed by the Director General of the Caisse des Dépôts et Consignations attesting to the deposit of the guarantee provided for in Article L. 242;
5) is filed outside the statutory deadline.

Article L. 247. -
For the purposes of legal admissibility, the Committee shall analyse the files within forty-eight (48) hours following the deadline for the deposit of the material.
The replacement of ineligible candidates, without prejudice to the order of investiture, and the substitution of obsolete or material errors shall, where appropriate, be immediately notified to the representative of the list concerned. The latter shall have three (3) days from the date of notification in order to remedy the situation, under pain of rejection of the application concerned.
Where, for one of the grounds listed in Article L. 246, the Prefet is of the opinion that a list is not admissible, it shall notify, in writing, the reasons for its decision to the representative of that list within two (2) days from the deadline for filing Material in the application files.
Article L. 248. -
A legally constituted political party, a coalition of legally constituted political parties or an entity of independent persons, cannot use a colour, a symbol, a symbol already chosen by another party, another Coalition of political parties or another independent entity.
In the event of disputes, the Prefect shall refer the matter to the Minister responsible for Elections, which shall give priority to each political party its statutory colour, its abbreviation and its traditional symbol in order of seniority. For coalitions of political parties and independent entities, attribution is done according to the date of notification of the chosen name.
The Minister responsible for Elections shall immediately inform the prefect who, in turn, shall inform the interested parties.
It is forbidden to choose emblems with a combination of the three colours of the flag of the Republic: green, gold and red.
Article L. 249. -
Any candidate who, in bad faith, has entered into an incorrect declaration on his or her eligibility or on his or her
Presence on a list will be punished by imprisonment for one month to one year and a fine of 18,000 to 360,000 FCFA.
Article L. 250. -
After the period of forty-eight (48) hours provided for in the first paragraph of Article L. 247, until the date of the taking of the order publishing the declarations received, if it appears that a declaration of application has been filed in favour of a person Ineligible, the Prefet must refer the matter to the Court of Appeal of the Court of Appeal within three (03) days of the admissibility of the application.

If the time limits referred to in paragraph 1 are not complied with, the application must be received.
Article L. 251. -
No later than seventy (70) days before the vote, the prefect shall adopt and publish the declarations of application received, amended, possibly, taking into account the provisions of Articles L. 247 (2) and (L. 250).
A copy of the publication order must be issued to each candidate list agent.
Articles L. 252. -
In the event of a challenge to an act of the prefect taken pursuant to Articles L. 246, L. 247, L. 248 and L. 251, representatives of the lists of candidates may, within three (3) days following the notification of the decision or its publication, Before the Court of Appeal of the jurisdiction which rules within the three (03) days following that of the registration of the application.
Article L. 253. -
Between the date of signature of the Order of the Préfet publishing the declarations received and the day before the election at zero hour, in the event of the death or ineligibility of a candidate, the representative of the list shall without delay, supplementary declaration of application To the prefect who receives it if necessary, publishes it by way of posting and ensures its distribution in all polling stations.
This supplementary declaration may relate only to a candidate of the same sex and must be accompanied by the documents provided for in Article L. 242.
Chapter IV. -Election campaign
Article L. 254. -
The campaign for the elections of departmental advisers shall be open fifteen (15) days before the date of the poll.
It lasts fourteen (14) days and ends the day before polling day at zero.
Section l.255. -
The competent Court of Appeal shall ensure equality between the candidates. Seizure by C. E. N. A or by a candidate, it shall intervene, where appropriate, with the competent authorities to ensure that all measures capable of ensuring such equality are taken without delay.
Any activity amounting to an election campaign shall be prohibited under the conditions laid down in Article L. 61.
Any election propaganda on polling day shall also be prohibited.
Seizure of a complaint, the competent Court of Appeal may, if necessary, issue injunctions to the relevant authorities or to the candidate whose attitude is incriminated. It ensures the regularity of the election campaign. Its judgments in this respect cannot be appealed.

The campaign by way of posting shall be governed by the provisions of Articles L. 60 and L. 62 and by the regulations of the Electoral Code.
The holding of election meetings shall be governed by the provisions of Article L. 59 of this Code.
Each list of candidates can print and send to the voters, before the vote, a propaganda circular containing a page in front and back of the format of 21 x 27 cm. This circular is subject to the formality of the legal deposit.
Chapter V. -Electoral Operations Census and Proclamation of Results
Article L. 256. -
Voters shall be summoned by decree published in the Official Journal at least ninety (90) days before the date of the vote.
Article L. 257. -
A Departmental Commission for the Census of Votes is hereby established. This Commission shall be chaired by a judge appointed by the First President of the competent Court of Appeal. It also includes, on the one hand, two judges appointed by the same judicial authority and, on the other hand, a representative of C. E. N. A and one representative from each list of candidates. The representatives of the lists of candidates and of the C.E.N. A attend all meetings of the Departmental Commission with the exception of the final deliberation. They have access to all documents and have the right to comment in the Minutes.
Upon receipt of the envelopes and before opening them, the Chairman of the Departmental Committee for the enumeration of votes shall declare to the members of the Committee that the bends containing the minutes of the polling stations and the annexed documents Are sealed.
The departmental commission shall carry out the enumeration of votes from the minutes of the polling stations. By way of derogation from Article L. 86, it shall, where appropriate, make the correction, cancellation or adjustment of the said minutes. The operation of the general census of votes shall be recorded in a record.
The enumeration of votes shall be carried out at the Court of Instance by the Departmental Commission for the Census of Votes. Census operations are recorded in minutes. The departmental commission adopts its decisions after deliberation by judges who alone have deliberative votes. The result shall be declared by the President of the Commission, who shall immediately address all the minutes and the documents to be attached to it, to the Chief Registrar of the Court of First Instance, who shall ensure their preservation. Shall be made available to any elector who requests it within a period of eight (08) days.

The declaration of results by the departmental census commission shall take place no later than midnight on the Friday following the vote.
The minutes and the documents to be attached shall be delivered directly to the Chief Clerk of the Court of Instance, who shall ensure its preservation.
Each member of the departmental committee receives a copy of the minutes. A copy shall be sent to the prefect and the representative of C. E. N. A in the département.
In the event of the destruction, substitution, loss or theft of the originals of the minutes, the copies submitted by two thirds (2/ 3) of the representatives of candidates or lists of candidates shall be authentic in the same way as that of the delegate of the C.E.N.A.
The final results of the departmental elections shall be published in the Official Journal, polling station by polling station by the first President of the Court of Appeal.
This publication is also made on the Internet and by any other means of communication.
Chapter VI. -The Litigation of Departmental Elections
Article L. 258. -
Any voter or candidate at a departmental election may request the annulment of the electoral process. The Court of Appeal shall have jurisdiction.
Applications must be filed, in duplicate, within eight (08) days of the announcement of the results, to the prefecture or to the Registry of the Court of Appeal.
It shall be acknowledged by the prefect or the chief clerk. When the request is filed in the prefecture, the prefect shall forward it immediately to the Chief Registrar of the Court of Appeal.
On the grounds of inadmissibility, the application must specify the facts and the pleas in law.
If it considers that the legally prescribed forms and conditions have not been complied with, the prefect may also request the cancellation of the operations. For this purpose, it shall send a request, in two (02) copies to the Minister for Elections within eight (08) days of the declaration of the results. The Minister responsible for Elections shall transmit the request to the Chief Registrar of the Court of Appeal, who shall act accordingly.
Article L. 259. -
The Chief Registrar shall forward a copy of the request to the Minister responsible for Elections as well as to the councillors whose election is contested. They shall have a period of eight (08) days from the date of receipt of the request to file a submission in response. Such deposit shall be given by the Registrar in chief.

Article L. 260. -
The Court of Appeal shall act in the first instance within one month of the registration of the request for annulment of the electoral operations at the Registry of the Court of Appeal. In the case of a general renewal of the departmental advisers, this period shall be extended to three (03) months.
If it intervenes a decision ordering evidence, the Court of Appeal must rule definitively within one month from that decision.
The time limits laid down in the first subparagraph of this Article shall begin to run, in the case provided for in Article L. 261, only on the day on which the judgment on the question referred has become final.
In the absence of a decision by the Court of Appeal within the time limits set out above, the complaint is considered to have been rejected. The Court of Appeal shall be drawn up and the party concerned may bring its complaint before the Supreme Court within one month from the date of expiry of the said time limits. Similarly, in the event of rejection, the interested party may appeal to the Supreme Court within the same time limit as from the date of notification of the decision.
Article L. 261. -
In the event that a claim under this Code involves the interlocutory solution of a status question, the Court of Appeal shall refer the parties to the case before the competent judges, and the party must justify its diligent conduct in that case. The fifteen (15) day period. In the absence of this justification, it will be passed in addition, and the decision of the Court of Appeal will have to take place within one month from the expiry of the fortnight.
TITLE VI. -ELECTION PROVISIONS FOR MUNICIPAL COUNCILLORS
Chapter I. -Composition of municipal councils, method of voting and mandate of councillors
Article L. 262. -
Municipal councillors are elected for five (5) years by direct universal suffrage.
The number of municipal councillors is as follows:
- 36 members in communes with fewer than 3,500 inhabitants;
- 40 members in the communes from 3,501 to 10,000 inhabitants;
- 46 members in communes from 10.001 to 30,000 inhabitants;
- 56 members in the communes from 30,001 to 50,000 inhabitants;
- 60 members in the communes from 50,001 to 60,000 inhabitants;
- 66 members in the communes from 60,001 to 70,000 inhabitants;
- 70 members in the communes of 70.001 to 100,000 inhabitants;
- 76 members in communes from 100.001 to 250,000 inhabitants;
- 80 members in the communes from 250,001 to 350,000 inhabitants;
- 86 members in the municipalities of 350.001 to 500,000 inhabitants
- 96 members in communes from 500.001 to 600,000 inhabitants;
- 100 members in the communes of more than 600,000 inhabitants.
The number of municipal councillors to be elected in each municipality is fixed by decree taking into account the demographic importance of each municipality.
Article L. 263. -
All the lists submitted must respect gender parity. The lists of candidates, as alternates, shall be alternately composed of persons of both sexes. When the number of members is odd, the parity applies to the even lower number.
The municipal councillors shall be elected half of the majority voting list in one round, on a complete list, without panachage or preferential voting and for the other half, by proportional representation with the application of the municipal quotient.
To determine the quotient, the total number of valid votes cast by the number of municipal councillors to be elected by proportional representation is divided. So many times this quotient is contained in the number of votes obtained by each list, so it gets elected candidates. The distribution of remains is done according to the system of the strongest remains. In the case of equality, the seat is allocated: to the oldest of the candidates who are likely to be elected.
When the municipal councillors are elected by the majority vote, in case of equality of votes, the lists of candidates concerned will be divided by the highest average age (incumbents and substitutes).
Article L. 264. -
When the municipal councillors are elected by the majority list, each list shall include a number of substitutes equal to the number of seats to be filled. In the case of a vacancy on the list of candidates for the majority vote, the alternate of the same sex shall be placed at the head of the list in which the vacancy occurred.

Where municipal councillors are elected by proportional representation, each list shall include a number of substitutes equal to half of the seats to be filled. However, in the event that the number of councillors to be elected is odd, then it is increased by one unit to determine the list of substitutes accurately. In the event of a vacancy, priority shall be given to the candidate of the same unelected sex placed at the head of the list in which the vacancy occurred.
Article L. 265. -
If the municipal council has lost by the holiday effect, one third of its members shall hold supplementary elections within the period of six (06) months from the date of the last vacancy.
Within the same period, elections shall also be held in the event of the dissolution of the municipal council or the resignation of all its members in office.
In the preceding year, the general renewal of municipal councils, supplementary elections are compulsory only in the event that the municipal council has lost half of its members.
Article L. 266. -
Municipal councillors are elected for five (05) years. In the event of dissolution, the municipal elections shall be held within thirty (30) days before the expiration of the fifth year after the date of the last general election of the municipal councillors.
However, a decree may shorten or extend the mandate of a municipal council to coincide its renewal with the date of the general renewal of municipal councillors.
Article L. 267. -
The voters, the Senegalese aged eighteen (18) years, are regularly registered on the list of electors for the municipality and not in any of the cases of incapacity provided for in this Code.
Chapter II. Eligibility requirements,
Ineligibility and incompatibility
Article L. 268. -
The following shall be eligible for the municipal council, all the electors of the municipality, subject to the provisions of Articles L. 269 to L. 272.
However, the number of councillors who do not reside in the municipality at the time of the election may not exceed one-quarter of the board members.
If it exceeds this proportion, Article L. 273 of this Code shall be applied in accordance with the order laid down in Article 92 of the General Code of Local Government.
The municipal council may designate a maximum of three (03) councillors associated with Senegalese nationals who are nationals of the municipality and registered on the electoral file.

As such, they can sit on the municipal council with a consultative vote.
Article L. 269. -
Cannot be municipal councillors:
(1) individuals deprived of a right to vote;
2) those who are rescued by the municipal budgets;
3) those who have been convicted pursuant to Article 88 of the General Code of Local Government;
(4) the councillors who have resigned pursuant to articles 157 and 159 of the General Code of Local Government in the municipal elections following the date of their resignation.
Article L. 270. -
State inspectors appointed in the body and agents of the State delegated in the functions of the State Inspector General are ineligible. However, this ineligibility ceases in the case of definitive exit of the body.
Also ineligible during the performance of their duties and for the duration of three (03) months after the expiration of the following:
(1) the judges of the Constitutional Council, the Supreme Court, the Courts of Appeal and the Tribunals, as well as the Presidents of the Tribunals of the Forum;
(2) Governors, prefects, sub-prefects;
3) the Treasurer General, the Payers, the Perceptors and the Municipal Receiver.
The ineligibility of the persons holding the functions defined in the preceding paragraph shall extend, under the same conditions, to persons who exercise or have exercised, for a period of at least six (06) months, those same functions without being or having been Holders.
Article L. 271. -
Not eligible in the municipalities where they carry out their duties:
1) engineers and drivers responsible for a
Municipal service as well as travel agents;
(2) the accountants of the municipal funds and the heads of services of the base and of the collection;
(3) Heads of regional and departmental services of public institutions;
4) employees in the commune, including those who are not members of the public service or who are employed in an independent profession, receive compensation from the municipality only because of the services they provide to the municipality in the financial year Of this profession.

Article L. 272. -
The mandate of the municipal councillor is incompatible with the functions listed in Articles L. 270 and L. 271.
Municipal councillors appointed after their election to the duties referred to in the first paragraph of this Article shall have, from the date of appointment, a period of thirty (30) days to choose between the acceptance of employment and the Retention of the mandate. In the absence of a declaration addressed within this period to their superiors and to the supervisory authority, they shall be deemed to have opted for the acceptance of the said employment.
Article L. 273. -
No one can be a member of several municipal councils.
A time limit of ten (10) days from the proclamation of the election result shall be given to the municipal councillor elected in several municipalities to make his or her election. This statement is addressed to the Ministry of Elections.
If within this period the councillor elected has not made his option, he is a member of the law of the council of the municipality where the number of electors is the least.
Ascendants and descendants, brothers and sisters, may be members of the same municipal council if they are presented by different lists. Their number is limited to two (2) within the same municipal council.
Spouses and allies to the same degree cannot be simultaneously members of the same municipal council.
However, in the case of allies the affinity ceases when the person who produced it and the children of its union with the other spouse have died; and in the case of divorce, where there are no more living children from the marriage.
They shall be considered elected, the first two in the order of the table as determined by Article 92 of the General Code of Local Authorities.
Article L. 274. -
Any municipal councillor who for any reason is in one of the cases of ineligibility or incompatibility provided for by law, perhaps at any time, declared to have resigned by the representative of the State except appeals to the Court of Appeal Within ten (10) days of notification.
Any municipal voter may refer a case of ineligibility or incompatibility to the representative of the State or the Court of Appeal.

Chapter III. -Statement of application
Article L. 275. -
Any political party that is legally constituted, any coalition of parties, politically constituted or any entity of independent persons wishing to participate in the municipal elections must make a declaration of application.
However, in order to validly present a list of candidates, independent entities must collect the signatures of 3 % of the voters on the list of electors for the municipality.
Signatures are filed at the time of notification of the entity's name.
An order of the Minister responsible for Elections shall determine the number of signatures required in each municipality.
Article L. 276. -
The lists of candidates are presented and for the majority vote, and for proportional representation.
The lists of candidates submitted must be complete and established in accordance with Article L. 263.
A person cannot be a candidate in both the majoritarian and the proportional voting system, nor can he be a candidate in several communes.
Article L. 277. -
Statements should include:
(1) the name of the political party, the coalition of political parties or the entity of independent persons and possibly the title;
(2) the colour, symbol and possibly the abbreviation chosen for the printing of the ballot papers together with the model of the paper and electronic form to provide information on the colour of the colours and their provision on the said Bulletin;
(3) the names, names, dates and place of birth of each candidate, their profession and domicile, with the accuracy of their service, employment and place of assignment, if they are agents of the State;
4) for each candidate the registration number on the list of electors for the municipality;
5) the indication of the municipality in which they appear.
Article L. 278 . -
The models of nomination declarations shall be fixed by order of the Minister responsible for elections.

The application package includes:
1) a deposit slip;
(2) a receipt confirmed by a certificate signed by the Director General of the Caisse des Dépôts et Consignations attesting to the deposit of the security;
(3) a declaration of nomination by which the party, coalition or entity presents its candidates;
(4) a declaration of candidacy by which the party, the coalition or the entity, specifies the municipality in which it presents;
5) an individual declaration of application by which the candidate certifies that he is applying, that he is a candidate only on that list and that he is not in any of the cases of ineligibility provided for in this Code.
The individual declaration of candidature shall be accompanied by an extract of an act of birth of less than six (06) months or a notarized photocopy of the ECOWAS biometric identity card.
Independent candidates also include:
(1) a list of electors supporting the candidates,
Established in accordance with the provisions of Article L. 275;
2) a declaration on the honour by which the independent candidate certifies that he is not campaigning in any political party or that he has ceased all militant activity for at least twelve (12) months.
In the event of a challenge to the independent status of a candidate, the Constitutional Council shall be seized. The party that raised the issue will have to justify its diligence.
Candidates declared elected shall be required to produce within fifteen (15) days of their election, subject to the forfeiture of their term of office, a Bulletin No 3 of the criminal record of less than three (03) months.
Article L. 279. -
The lists of candidates are subject to the deposit of a security deposit to be paid to the Caisse des Dépôts et Consignations by the representative of the political party, the coalition of political parties or the entity of independent persons.
The amount of the security shall be fixed by order of the Minister for Elections not later than one hundred and fifty (150) days before the election.
A discharge confirmed by a certificate signed by the Director General of the Caisse des Dépôts et Consignations shall be issued.
This deposit shall be refunded within fifteen (15) days following the announcement of the results to the list of candidates who have obtained at least one (1) city councillor elected in each municipality where the list has been submitted.

If the list appears only in one municipality, the reimbursement of the deposit shall be made only if it obtains at least five (5) elected municipal councillors.
In the event of an early election, the amount of the last bond is maintained.
Article L. 280. -
Applications shall be submitted, with a deposit slip, to the prefecture or sub-prefecture, to a commission established by order, eighty (80) days at least and eighty-five (85) before the date of the poll, by the Either of the legally constituted political party or of the coalition of political parties legally constituted or of the entity of independent persons who have supported the candidates.
Article L. 281. -
The list of candidates accompanying the application files shall be established in duplicate, one of which shall be addressed to the C.E.N.A.
Mention is made of the exact time of filing. Neither substitution nor withdrawal of candidature is allowed.
The receiving commission, on the basis of the check list and after a summary and contradictory check with the representative on the documents in the application file, shall immediately issue a receipt to the Commission to certify the deposit.
This receipt is properly addressed by the supervisor of C. E. N. A to authenticate the deposit control in legal forms and deadlines. It does not prejudge the admissibility of the applications submitted.
Statements received in the Prefecture or in the Sub-prefecture and the accompanying documents shall be
Held at the disposal of each list of candidates who may verify the contents of the list by an agent.
Article L. 282. -
It is not acceptable to the list that:
1) is incomplete;
(2) does not include the mandatory indications provided for in Articles L. 263 and L. 275;
3) shall not be accompanied by the documents provided for in Article L. 278;
(4) shall not contain the receipt confirmed by a certificate signed by the Director General of the Caisse des Dépôts et Consignations attesting to the deposit of the security provided for in Article L. 278;
5) is filed outside the statutory deadline.

Article L. 283. -
For the purposes of legal admissibility, the Committee shall analyse the files within forty-eight (48) hours following the deadline for the deposit of the material.
The replacement of ineligible candidates, without prejudice to the order of investiture, and the substitution of obsolete or material errors shall, where appropriate, be immediately notified to the representative of the list concerned. The latter shall have three (3) days from the date of notification in order to remedy the situation, under pain of rejection of the application concerned.
If, for one of the reasons listed in Article L. 282, the Prefect or the Deputy Prefect considers that a list is not admissible, it shall notify, in writing, the reasons for its decision to the representative of that list within two (2) days from the date of Limit of the material filing of applications.
Article L. 284. -
A legally constituted political party, a coalition of legally constituted political parties or an entity of independent persons, cannot use a colour, a symbol, a symbol already chosen by another party, another coalition Of parties or another independent entity.
In the event of disputes, the Prefect or the Deputy Prefect shall refer the matter to the Minister responsible for Elections, which gives priority to each political party its statutory colour, its abbreviation and its traditional symbol in order of order
Of seniority. For coalitions of political parties and independent entities, attribution is done according to the date of notification of the chosen name.
The Minister responsible for Elections shall immediately inform the Prefect or the Deputy Prefect who, in turn, shall inform the interested parties.
It is forbidden to choose emblems with a combination of the three colours of the flag of the Republic: green, gold and red.
Article L. 285. -
Any candidate who, in bad faith, has entered into an incorrect declaration on his or her eligibility or on his or her
Presence on a list will be punished by imprisonment for one month to one year and a fine of 18,000 to 360,000 FCFA.
Article L. 286. -
After the period of forty-eight (48) hours provided for in the first paragraph of Article L. 283, until the date of the taking of the order publishing the declarations received, if it appears that a declaration of application has been filed in favour of a person Ineligible, the Prefect or the Deputy Prefect must refer the matter to the Court of Appeal of the Court of Appeal within three (03) days of the admissibility of the application.

If the time limits referred to in paragraph 1 are not complied with, the application must be received.
Article L. 287. -
No later than seventy (70) days before the vote, the Prefect or the Sub-prefect shall adopt and publish the declarations of application received, amended, possibly, taking into account the provisions of Articles L. 283 (2) and L. 286.
A copy of the publication order must be issued to each candidate list agent.
Articles L. 288. -
In the event of a challenge to an act of the Prefect or the Deputy Prefect taken pursuant to Articles L. 282, L. 283, L. 284 and L. 287, the representatives of the lists of candidates may, within three (3) days following the notification of the decision or its Publication, to appeal to the Court of Appeal of the jurisdiction which rules within the three (03) days following that of the registration of the application.
Article L. 289. -
Between the date of signature of the decree of the Prefect or of the Sub-prefect publishing the declarations received and the day before the election at zero hour, in the event of the death or the ineligibility of a candidate, the agent of the list shall forthwith, declare Supplementary application to the Prefect or the Deputy Prefect who receives it if necessary, publishes it by way of posting and ensures its circulation in all polling stations.
This supplementary declaration may relate only to a candidate of the same sex and must be accompanied by the documents provided for in Article L. 278.
Chapter IV. -Election campaign
Article L. 290. -
The election campaign for municipal councillors shall be open fifteen (15) days before the date of the poll.
It lasts fourteen (14) days and ends the day before polling day at zero.
Article L. 291. -
The competent Court of Appeal shall ensure equality between the candidates. Seizure by C. E. N. A or by a candidate, it shall intervene, where appropriate, with the competent authorities to ensure that all measures capable of ensuring such equality are taken without delay.
Any activity amounting to an election campaign shall be prohibited under the conditions laid down in Article L. 61.
Any election propaganda on polling day shall also be prohibited.

Seizure of a complaint, the competent court of appeal may, if necessary, issue injunctions to the relevant authorities or to the candidate whose attitude is incriminated.
It ensures the regularity of the election campaign. Its judgments in this respect cannot be appealed.
The campaign by way of posting shall be governed by the provisions of Articles L. 60 and L. 62 and by the regulations of the Electoral Code.
The holding of election meetings shall be governed by the provisions of Article L. 59 of this Code.
Each candidate can print and send to the voters, before the vote, a propaganda circular containing a page in front and back of the format of 21 x 27 cm. This circular is subject to the formality of the legal deposit.
Chapter V. -Vote, Census and Proclamation of Results
Article L. 292. -
Voters shall be summoned by decree published in the Official Journal at least ninety (90) days before the date of the vote.
Article L. 293. -
The identification of votes and the declaration of results shall be carried out in accordance with the provisions of Article L. 257 of this Code.
The final results of the municipal elections are published in the Official Gazette, polling station by polling station by the First President of the Court of Appeal.
This publication is also made on the Internet and by any other means of communication.
Chapter VI. -Special provisions
Relating to designation
City councillors
Article L. 294
The provisions of paragraphs 2 and 3 of Article L. 262 shall apply to the city.
Article L. 295. -
The city councillors of the city are appointed from the elections of the municipal councillors of the municipalities which compose it, half from the councillors elected on the proportional lists and for the other half from the Councillors elected on the majority lists.
Each of the municipalities has at least two seats on the city council. Additional seats are allocated by decree according to the population of the municipality concerned.

Article L. 296. -
For the majority lists, these seats shall be allocated to the municipal councillors of each municipality elected by the majority vote, in the order of their inclusion on the list, up to the number of seats available to the municipality on the council City of the city. In the case of equality, the seats are allocated to the list with the highest average age of the candidates who are likely to be elected.
For proportional lists, the system of the local town quotient is applied. To determine this quotient, the total number of valid votes cast in this municipality is divided by the number of city councillors to be elected. As many times as quotients are contained in the number of votes obtained by each list, the same number obtains from elected candidates. The distribution of remains is done according to the system of the strongest remains. In the case of equality, the seat shall be awarded to the oldest of the candidates who are likely to be elected.
In case of a holiday on the list of town councillors, priority shall be given to the candidate of the same unelected sex placed at the top of the list in which the vacancy occurred. The alternates shall then be called upon to exhaustion from the list of unelected candidates.
Chapter VII. -Election litigation
Municipal
Article L. 297. -
Any elector of the candidate at an election
Municipal elections may require the cancellation of election operations. The Court of Appeal shall have jurisdiction. Applications must be filed, in duplicate, within five (05) days of the announcement of the results, to the prefecture or to the Registry of the Court of Appeal. It shall be acknowledged by the prefect or the chief clerk. When the request is filed in the prefecture, the prefect shall forward it immediately to the Chief Registrar of the Court of Appeal.
Subject to inadmissibility, the application must specify the facts and the pleas in law.
If the prefect considers that the legally prescribed conditions and forms have not been fulfilled, the prefect may also request the annulment of the electoral operations. For this purpose, it shall address a request, in duplicate to the Minister for Elections within eight (08) days of the declaration of the results. The Minister responsible for Elections shall transmit the request to the Chief Registrar of the Court of Appeal, who shall act accordingly.

Article L. 298. -
The Chief Registrar shall transmit a copy of the request to the Minister responsible for Elections and to the councillors whose election is contested. They shall have a period of eight (08) days from the date of receipt of the request, to file a submission in response. This deposit shall be given by the Registrar in chief.
Article L. 299. -
The Court of Appeal shall act in the first instance within one month of the registration of the request for annulment of the electoral operations at the Registry of the Court of Appeal. In the case of a general renewal of the municipal councillors, this period shall be extended to three (03) months.
If it intervenes a decision ordering evidence, the Court of Appeal must rule definitively within one month from that decision.
The periods laid down in the first subparagraph of this Article shall begin to run, in the case referred to in Article L. 300, only on the day on which the judgment on the question referred for a preliminary ruling has become final.
In the absence of a decision by the Court of Appeal within the time limits set out above, the complaint is considered to be rejected. The Court of Appeal is drawn. The party concerned may bring its complaint to the Supreme Court within one (01) month from the date of expiry of the said time limits.
Similarly, in the event of rejection, the interested party may appeal to the Supreme Court within the same time limit as from the date of notification of the decision.
Article L. 300. -
In the event that a complaint under this Code involves the interlocutory solution of a State issue, the Court of Appeal shall refer the parties to the case before the judges, and the party must justify its due diligence Fifteen (15) days. In the absence of this justification, it will be passed in addition, and the decision of the Court of Appeal will have to take place within one month from the expiry of the fortnight.
Article L. 301. -
The elected municipal councillors elected remain in office until the final decision on the claims has been made.
Article L. 302. -
In the event of a final cancellation of the election, the electoral body shall be convened within a time limit which may not exceed six (06) months.

TITLE VII. -SPECIAL PROVISIONS RELATING TO THE VOTE OF THE SENEGALAIS ESTABLISHED OR RESIDANT OUTSIDE THE SENEGAL A THE ELECTION OF THE PRESIDENT OF THE PUBLIC AND THE ELECTIONS OF THE DEPUTES

_ Chapter I. -Conditions for the organisation of electoral operations outside Senegal

Article L. 303. -
Election operations shall be organised for the purpose of the presidential elections, the legislative elections and the referendum, in the countries in which the Senegalese are established or reside, and on whose territory the jurisdiction of a Diplomatic representation of Senegal.
For the needs of the majority vote in parliamentary elections, the outside of the country is divided into entities named " Departments ".
The departments outside the country are:
- The North Africa Department;
- The West Africa Department;
- The Africa Department of the Centre;
- The Southern Africa Department;
- The Western, Central and Northern Europe Department;
- Southern Europe Department;
- The Americas-Oceania Department;
- Asia-Middle East Department.
On the proposal of the Minister for Foreign Affairs, a decree determines the number of deputies to be elected in each department from outside the country, taking into account the importance of the electorate in each department.
Article L. 304. -
On the proposal of the Minister for Foreign Affairs and under the supervision of the C.E.N. A, a decree shall establish, at least twenty-five (25) days before the start of the operations for the revision of the lists of electors, the list of countries concerned after Advisory opinion of legally constituted political parties. It shall be transmitted within fifteen (15) days to C. E. N. A and to the legally constituted political parties. Any list of candidates, any candidate may request a copy.
When the number of Senegalese on the list of electors for diplomatic or consular representation reaches two hundred (200) on the date of the close of the lists of electors, the vote shall be held for the purpose of the presidential election, Parliamentary elections and referendum.

The Minister responsible for Foreign Affairs in connection with the Minister for Elections draws up a list of the courts in which the elections are held.
Article L. 305. -
The provisions of Title 1 in Title Three (03) of this Code shall apply to the participation of Senegalese established or residing outside Senegal in the presidential election, the parliamentary elections and the referendum, insofar as they Not contrary to this Title VII, and to Titles VIII and IX below.
Chapter II. -The Electoral Corps
Article L. 306. -
Voters are Senegalese of both sexes fulfilling the conditions laid down in Articles L. 27 to L. 29 and not found in any of the cases of incapacity defined in Articles L. 31 and L. 32.
Article L. 307. -
Only those Senegalese who are established or resident in a country within the jurisdiction of a diplomatic or consular representation in which electoral operations are organised, and who are registered on the The lists of electors for that diplomatic or consular representation.
Members of the military and paramilitary forces deployed abroad, who escape the Senegalese court, do not participate in the elections.
Chapter III. -lists of electors
Section I. -Registration requirements
On the lists of electors
Article L. 308. -
No person may refuse to register on the lists of electors:
1) to a Senegalese citizen enjoying his civil and political rights and fulfilling the conditions laid down in Articles L. 306 and L. 307;
2) to a Senegalese citizen by naturalization, after the date of acquisition of the Senegalese nationality by marriage, after the date of expiry of the period of disability provided for in Article 7 of the Nationality Code;
3) to persons who have been disabled as a result of a conviction benefit from pardons or are subject to an amnesty measure.
Article L. 309. -
No one can be registered several times on the same list or on several lists of electors.

Article L. 310. -
The lists of electors include:
(1) all electors who have their real domicile in the jurisdiction of the diplomatic or consular representation in which the country of organization of electoral operations is located;
(2) those who are subject to a compulsory residence as an official or agent of the State or public establishments or national undertakings.
Article L. 311. -
Senegalese citizens who do not meet the conditions of age and residence at the time of the list are also included on the list of electors and will complete them on election day.
Section 2. -Establishment and revision
Lists of electors
Article L. 312. -
The lists of electors are permanent. They are subject to an exceptional revision, decided by decree, before each national election under the direction of the Head of the diplomatic or consular representation and the presence of the legally constituted political parties.
In the event of a referendum referendum, an exceptional revision may be decided in the same form.
Article L. 313. -
The list of electors shall be drawn up, under the supervision of the C.E.N. A, by an administrative committee composed of the head of the diplomatic or consular representation or his representative acting as the chairman and a representative of each party Legally constituted in Senegal.
The Administrative Commission shall comprise at least three (03) members. It can be subdivided into two or more sub-committees comprising,
At least one President designated by the Head of diplomatic or consular representation and one representative of each political party legally constituted in Senegal or coalition of declared parties.
In the event that representatives of political parties or coalitions of political parties are less than two (02), these commissions and sub-committees shall be supplemented by three (03) members by the head of diplomatic or consular representation, among the Senegalese agents of representation or, failing that, among the voters on the list of electors of the court.
Article L. 314. -
The administrative commission must include on the list of electors the information that could identify the elector.

To justify its identity, the voter produces a national digitized identity card. In addition, it must be justified that it is established or that it resides in the Etranger by the presentation of its consular card, a work certificate, a rental contract or any other proof of residence.
Article L. 315. -
The Administrative Commission shall issue to each elector a receipt bearing the registration number on the list of electors and its date of issue.
Article L. 316. -
The lists of electors shall be deposited with diplomatic or consular representatives. They shall be communicated and published in accordance with the conditions laid down by decree.
Section 3. -Control of entries on the lists of electors
Article L. 317. -
Under the conditions laid down by decree, the electors who have been the subject of an ex officio cancellation by the Administrative Commission, or those whose registration is contested, shall be convened by the Head of the Diplomatic Representation or Consular.
Notification to them of the decision of the Administrative Committee. They may exercise an ex gratia remedy. Any elector registered on the list of electors, any representative of a political party legally constituted, may claim, under the same conditions, the registration or cancellation of an omitted or unduly registered voter after the publication of the list The same right belongs to the head of the diplomatic or consular representation.
The time limits for appeal are laid down in the decree which organises the revision.
Article L. 318. -
The appeal against decisions of the Administrative Commission shall be brought before the same committee, supplemented if necessary by a lawyer belonging to the diplomatic or consular representation, if any.
The appeal shall be made by means of a simple written declaration addressed to the head of the diplomatic or consular representation by the person who is deregistered or his agent or by the person who contests the registration on the list of electors. The head of the diplomatic or consular representation shall bring together the committee which decides, after reading the report drawn up by one of those members appointed by the head of diplomatic or consular representation, on a simple warning given in advance All interested parties. The applicant may be assisted by a person of his or her choice without regard to nationality. The decision shall be taken by a majority of the votes.

However, if the application before it involves the preliminary ruling of a question of status, the Commission shall, in advance, refer the parties to the proceedings before the competent Senegalese judge and set a reasonable period of time in which the party who Has raised the question for a preliminary ruling must justify its diligence. In the event of the annulment of the operations of the Administrative Commission, the appeals shall be cancelled ex officio.
The time limits for appeal and processing are provided for in the decree organising the revision.
Article L. 319. -
The decision of the Administrative Commission pursuant to Articles L. 317 or L. 318 may be challenged before the Supreme Court, which shall act within the time limits laid down in the decree establishing the exceptional revision of the lists of electors.
Article L. 320. -
The lists of electors, as amended in accordance with the provisions of Articles L. 313 to L. 314, shall be kept in the archives of the diplomatic or consular representation. Any elector, any representative of a political party legally constituted, any representative of a list of candidates, any candidate shall have the right to take communication or copy at his or her own expense.
The diplomatic or consular authority responsible for the retention of such lists shall be obliged to refer to any such request.
However, the copy is free for the representative of the C.E.N.A.
Article L. 321. -
Citizens who are omitted from the list of electors as a result of a purely material error or written off of the lists without complying with the formalities prescribed in Article L. 317 may refer the matter to the head of the diplomatic or consular representative for the purpose of Their registration on the voters list. Such requests for registration shall be accompanied by the former voter's card of the person concerned if the application for registration or the receipt of the application for registration referred to in Article L. 315 or any other supporting documents which determine the validity of the application. Query.
The Head of the Diplomatic or Consular Representation shall bring together the members of the Administrative Commission as defined in Article L. 313. The Commission shall act without delay on such requests after consultation of the list of electors.
The decisions of the Commission may be subject to an ex gratia remedy under the conditions laid down in Article L. 318.

Article L. 322. -
The registration, modification and cancellation books completed by each diplomatic or consular representation are transmitted by the Ministry of Foreign Affairs to the Ministry responsible for Elections. They are the subject of a special file. C. E. N. A and the legally constituted political parties have a right of scrutiny and control over the holding of this file. A decree determines the conditions for the organization and operation of this special file.
Article L. 323. -
Where it is found that an elector has applied for more than one application for registration on one or more lists of electors, only the first application on the list of the jurisdiction is maintained.
Article L. 324. -
Releases of Office shall take place at the initiative of either the Administrative Commission or the service of the general register of electors, whenever it is found that an elector has registered more than once on the list of electors for the Jurisdiction.
Section 4. -Voter Cards
Article L. 325. -
The voter's card is linked to the ECOWAS biometric identity card. It acts as a voter card.
In the case of a request for duplicates due to the alteration or loss of the ECOWAS biometric identity card acting as a voter card, in front of a training centre or an administrative commission, the latter shall be reissued in the same manner with the Same period of validity and shall be marked " Duplicates ".
However, a request for the modification of the electoral data can only be made before an administrative committee and during the revision period of the lists of electors.
If the elector makes the declaration of loss of the voter's card with an administrative commission, the administrative commission shall establish a certificate on the basis of which he or she may request the issue of a duplicate.
Article L. 326. -
Within each diplomatic or consular representation, it shall be established a commission responsible for the distribution of the voter cards and composed of a representative of the Head of the diplomatic or consular representation as President. A representative of each political party legally constituted in Senegal or coalition of declared parties.

The commission may be subdivided into two (02) or more sub-committees comprising, each, at least one chairperson designated by the head of the diplomatic or consular representation and one representative of each legally constituted political party In Senegal or coalition of declared parties.
In the event of necessity, the head of the diplomatic or consular representation may transport the members of these commissions and sub-committees, from their respective places of residence to the places chosen for the distribution of the cards.
Article L. 327. -
The commission referred to in the preceding article shall carry out the individual surrender of the cards to each voter, against discharge, on the presentation of his biometric identity card ECOWAS and the receipt of registration.
Undistributed voter cards are grouped with polling stations. They may be withdrawn until the close of the poll.
The C.E.N.A. shall ensure that the rules on the composition and operation of the Board of Distribution of Cards are complied with.
After the vote, the distribution of the non-withdrawn cards is assured by the Head of the diplomatic or consular mission.
Chapter IV. -Electoral Operations, Identification and Proclamation of Results
Article L. 328. -
The voting shall take place on the same day as the
Senegal due to time lags.
Article L. 329. -

A voting centre is established in each diplomatic or consular representation.
A polling station may include one or more polling places which may, in turn, house one or more polling stations. If the local situation so requires, the head of the diplomatic or consular representation may set up polling stations outside the premises of the diplomatic or consular representation either in the same city or in different cities. This is compulsory for every 600 registered voters in Senegal. If necessary, the Senegalese living in the country concerned and registered on the list of electors for the establishment of the offices will be used.
Article L. 330. -
The Supervisors and Supervisors of C. E. N. A shall ensure the smooth running of all election operations from the opening of the polling station to the proclamation and display of the results in the office concerned, in accordance with the article L. 19 of the first title of this Code.

Each list of candidates or candidates has the right to exercise the same control by agents designated for that purpose and with special cards issued by the head of the diplomatic or consular representation. The names, names, dates and place of birth of the agents and their address and registration number on the list of electors shall be notified by the candidate or his representative or the list of candidates that they represent at least ten (10) days Before the opening of the poll. Such notification shall be made to the head of the diplomatic or consular representative or his representative who shall issue a receipt at least eight (8) days before the vote. The receipt serves as a title and guarantees the rights attached to the quality of the agent.
Agents have jurisdiction in one or more polling stations. They may freely enter these offices and require the inclusion in the minutes of all their observations and challenges.
Article L. 331. -
The complete list of polling stations throughout the territory of the country of organization of operations must be definitively stopped and published by the head of the diplomatic or consular representative, or his representative, no later than thirty (30) days before polling day.
The head of the diplomatic or consular representation or his representative shall draw up a list of the members of the polling station (s) and their alternates.
This list must be validated by C. E. N. A before being published by its care twenty (20) days and notified ten (10) days, at least, before the start of the poll:
1) to the representative of C.E. N. A and to all candidates' representatives or list of candidates;
(2) where applicable, to the holders of the list of electors where the members of the polling station are normally
Registered for inclusion in the application. The number of electors considered to be on this list is increased by the same amount for the counting of the registered voters.
Each polling station shall consist of a chairperson, an assessor, a secretary, appointed by the head of the diplomatic or consular representation and a representative by list of candidates or candidates as members.
Members of polling stations regularly on the list of electors are allowed to vote in the polling stations where they sit, on the simple presentation of their voter's card.

Reporting journalists and drivers responsible for carrying election materials, on polling day, are entitled to vote under the same conditions, subject to prior notification of their mission order by the Diplomatic or consular authorities and the President of the D.E.C.E.N.A.
Article L. 332. -
The provisions of Article L. 73 shall be applied, except those relating to the convocation order of the electors. The head of the diplomatic or consular representation, in the light of the convening order of the electors, shall take a decision to summons the electors who shall specify the hours of opening and closing of the poll, taking into account the number of electors And the time lag between Senegal and the country in which it carries out its mission.
Article L. 333. -
The provisions of Article L. 76 are applied. However, the words " Stamped in the electoral district " Are replaced by " Subject to the stamp of diplomatic or consular representation ".
Article L. 334. -
The provisions of Article l.83 shall be applied.
Article L. 335. -
A departmental Commission for the identification of votes is created for each department outside the country. These committees sit in Dakar, in a place determined by the President of the Constitutional Council.
They shall be composed and operated in accordance with the provisions of Articles L. 86 and LO.138 of this Code.
Article L. 336. -
At the close of the vote and at the end of the counting process, the President shall read out the results, which shall be immediately posted. Mention of these
Results are reported in the minutes that are closed by the signature of the officers.
The results shall be extracted and carried on a sheet specially designed for that purpose and intended for the immediate transmission of the said results to the departmental committee for the identification of votes.
All members of the polling station must sign the special report card and the minutes, if any, with their observations, complaints and disputes.
Article L. 337. -
The Controller of C. E. N. A and all members of the polling station shall receive a copy of the minutes and of the special report card on the results of the polling station.

The original of the minutes of the election operations and that of the special case for the collection of results, together with the documents to be annexed thereto, shall be transmitted by the Head of the Diplomatic or Consular Representation to the President of the Departmental Commission for the Identification of Votes by Diplomatic Valise, as soon as the results have been declared and displayed.
However, after the declaration and the posting of the results, the Head of the diplomatic or consular representation must immediately forward the special report card, by telex, telefax, or e-mail to the President of the Departmental Commission for the Census of Votes.
By way of derogation from paragraph 4 of Article l.86, the departmental commission for the enumeration of votes shall publish the results no later than twelve (12) hours on the Wednesday following the vote.
Chapter V.-Penal provisions
Article L. 338. -
The provisions of Articles L. 88 to L. 104, L. 106 to L. 109, L. 113 and L. 114 are applicable by the competent Senegalese courts.
Article L. 339. -
Any person responsible for transmitting the documents referred to in Article L. 320 or L. 327 or for communicating the results in accordance with the procedures laid down in Article L. 337, who has modified or altered these documents or results, shall be liable to imprisonment for Six (06) months to two (02) years and struck from the prohibition of the right to vote and be eligible for five (05) years at least and ten (10) years at most.
Article L. 340. -
Any person who has received the documents referred to in Article L. 337 or the results communicated by telex, telefax or e-mail to the Chairman of the Departmental Committee for the enumeration of votes, will have modified or altered the documents, shall be liable to the penalties provided for in Article L. 339.

TITLE VIII. - FROM REFERENDUM
Article L. 341. -
The electoral body is convened by decree. It shall decide by a majority of the votes cast.
The text submitted to the referendum is annexed to the decree.
Article L. 342. -
The arrangements for organising the referendum are laid down by decree.
Article L. 343. -
An exceptional revision of the lists of electors can be organised.
Article L. 344. -
Organizations that contribute to the expression of the vote, willing to participate in the operations
Referendums are organized to identify themselves to " Current of YES " Or " Notify it to the administrative authority and declare the identity of their plenipotentiaries no later than the day before the referendum campaign starts, in accordance with the procedure described in Article L. 68 of the Electoral Code.
The terms " Candidates "," Lists of candidates ",
" Political parties, " Coalitions of political parties " Or
" Entities bringing together independent persons " In the Electoral Code are replaced by " Current representatives of the YES " Or " Representatives of the current of NO ".
Article L. 345. -
It shall be made available to the elector, to the exclusion of any other, two ballot papers of different colours:
- A blank ballot paper with black entries representing the answer " YES ";
- A black ballot paper with white paper representing the answer " NO ".
Article L. 346. -
The list of electors by polling station shall be given to the national representative of each current and to C. E. N. A in electronic form and in paper form within a time limit fixed by the decree referred to in Article L. 342.

TITLE IX. -SPECIFIC PROVISIONS
Article L. 347. -
Voting takes place in the country where the diplomatic or consular representation is located and possibly in the countries covered by the same diplomatic or consular representation.
When in a country there is a diplomatic representation and a consular representation, the elections are organised by the consular representation. The head of the diplomatic representative may, for the purposes of this organization, have premises and staff of diplomatic representation under the conditions laid down by the Minister for Foreign Affairs.
Article L. 348. -
For the municipal elections and the election of deputies in the departmental elections, only the procedure laid down in Article L. 38 shall apply.
Article L. 349. -
The provisions of Title VII and of the provisions of this Title shall be applied with due regard to the mandatory rules of the law of the country of organisation of the elections.
Article L. 350. -
An elector may only appear once in the general file, whether he or she is resident in the country or residing outside Canada. If it requests, in accordance with the provisions of Articles L. 38 and L. 323, to be included on the list of a given community, it is automatically deleted from its list of origin and the electoral data of its new ECOWAS biometric identity card Amended accordingly.
TITLE X. -PROVISIONS
TRANSITORY
Article L. 351. -
Notwithstanding the provisions of Article L. 172, for the 2017 legislative elections, applications shall be filed with the Department responsible for Elections sixty (60) days at least and sixty-five (65) days before the date of the Election by the agent of either the political party or the coalition of legally constituted political parties or of the entity of independent persons.
Article L. 352. -
By way of derogation from the provisions of Article LO.179, and for the legislative elections of 2017, the Minister responsible for Elections shall, no later than fifty (50) days before the vote, publish the declarations of application received, amended In the light of the provisions of Articles L. 175 (2) and (L.) 178.

Article L. 353. -
For the purposes of the 2017 legislative elections, and in accordance with the provisions of Articles L. 147 (3) and L. 303 (4), reference is made to the current electoral file to determine the number of Members to be elected in each department From outside the country.
Article L. 354. -
For the purposes of the 2017 legislative elections, the number of the deposit receipt can serve as the voter card number for the filing of applications and for the sponsorship of independent lists.
Article L. 355. -
For the purposes of the 2017 legislative elections, the provisions of article LO.152 of this Code do not apply.
The 2017 parliamentary elections will be held no later than the end of the current mandate.

Article L. 356. -

Any provisions contrary to this Act shall be repealed.

This Law shall be enforced as the law of the State.

Done at Dakar, 18 January 2017.

Macky SALL

By the President of the Republic:

The Prime Minister,
Mahammed Boun Abdallah DIONNE