Official Gazette – Issue No. 7 (bis) February 18, 2013 9 Electoral venues shall be established within the jurisdictions of diplomatic and consular missions and places thereof shall be pinpointed. A number of sub-polling stations shall be established within such venues, with each receiving no more than 1000 voters. Also, a general committee composed of a number of the members of diplomatic or consular corps shall be established within the headquarters of each mission and a secretary from the Ministry of Foreign Affairs personnel shall be appointed for each committee. HEC president shall issue a decision to form such committees from members of diplomatic and consular corps according to a proposal by the foreign minister…" Whereas Article (56) of the Constitution says "The State shall safeguard the interests of Egyptians living abroad, protect them and protect their rights and freedoms, help them perform their public duties toward the Egyptian State and society, and encourage their contribution to the development of the nation. Their participation in elections and referenda is regulated by law." The Constitution promulgated in December 2012 introduced a new system for monitoring general elections and referenda, entrusted the National Elections Commission therewith (Article 208), and stated the formation of such commission in Article (209). In Article (210), the Constitution stipulates that "Members affiliated to the National Elections Commission shall be responsible for the voting and counting processes in referenda and elections managed by the Commission. Safeguards shall be taken to ensure the members integrity and independence under the general supervision of the Commission. With the exception of these members, members of the judicial authority shall be responsible for the voting and counting processes for a period of 10 years, starting from the date this constitution takes effect, provided that all of that takes place in the manner prescribed by law". Also Article (228) of the Constitution stipulates that "The High Elections Commission, existing at the time this Constitution comes into effect, shall undertake the full supervision of the first coming legislative elections. The funds of the Committee and of the High Presidential Elections Committee are transferred to the National Electoral Commission, as soon as the latter is formed". Hence, the aforementioned texts stipulate that the participation of Egyptians living abroad in the upcoming House of Representatives elections be under full judicial observation, particularly polling and counting processes, according to the second paragraph of Article (210) of the Constitution. Although the participation of Egyptians living abroad in the People's Assembly, Shura Council, and presidential elections as well as the constitutional referendum held in 2011 and 2012 was supervised by sub-committees and general counting committees composed of members from the diplomatic/consular corps, this process was constitutionally backed by Article (39-bis) of the Constitutional Declaration promulgated on March 30, 2011, added by the Constitutional Declaration issued on November 19, 2011. This article says "Notwithstanding the provisions of Article (39) of the declaration hereof, the provisions of the voting of Egyptians living abroad in elections and referenda shall be regulated by a special law". Also, the second paragraph of Article (39) stipulates that "Polling and counting shall take place under the supervision of members of a judicial body. Such members shall be nominated by higher councils thereof and selected by virtue of a decision by the Higher Commission".

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