Official Gazette – Issue No. 7 (bis) February 18, 2013
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two legislative terms violates Article (232) of the Constitution which stipulates that
the candidate be a member during both legislative terms.
VIII: Article (18-bis), added to Article (3) of the presented draft law, stipulates that
(The counting process and the announcement of results shall take place in subcommittees, in presence of representatives of individual and party-list candidates.
Head of each sub-committee shall deliver a copy of the counting results to
representative of the Ministry of Interior, where the latter puts it on a signboard
designated for such in the competent department. Also, an official copy thereof shall
be delivered to any candidate requesting such. Moreover, head of sub-committee shall
stick a copy of the results of the counting results on the door of such sub-committee
and write that down in the minutes.
Head of the general committee shall announce the number of valid votes cast for each
candidate and each list.
Representatives of media and civil society organizations (CSOs) are entitled to be
present to monitor elections, counting, and result announcement).
Whereas each sub-committee shall announce counting results, and the general
committee shall announce results in a way illustrating the number of valid votes cast
for each candidate at all sub-committees; and whereas the announcement of the
general results of the legislative election is the responsibility of –according to item (8)
of Article (3-bis "f") of law No 73/1956 – the High Elections Commission (HEC)
alone, the announcement of results by sub-committees and general committees is
actually an announcement of the initial number of votes cast for each candidate at
such committees and shall not indicate the winning of a candidate or the loss of
another.
Based on the above, and whereas the announcement of the results by the subcommittees and general committees according to what was previously mentioned is
one of the phases of the legislative election process which starts with opening the
floor for nominations for the membership of the legislative council and ends with the
announcement of election results by HEC according to Article (228) of the
Constitution. Hence, the term 'result announcement' mentioned in Article 18-bis shall
be interpreted as an announcement of the initial number of votes and shall not be
interpreted as an indication of a winning of a candidate or the loss of another, so that
the text would comply with Article (228) of the Constitution.
As for the part of the text that allows representatives of media and Civil Society
Organizations (CSOs) to monitor elections, counting, and result announcement, the
term "CSOs" has no definite or clear significance. However, it is a generic term that
may refer to a wide range of non-governmental and non-profit organizations that exist
in public life and bear the task of expressing the interests and values of members
thereof depending on moral, cultural, political, scientific, religious, or charity
considerations. For example, it includes political parties, trade unions, and community
associations. Thus, a definite and accurate criterion should be set out for such
organizations, so that unauthorized organizations are prohibited from attendance
according to law. Also, a maximum number of CSO representatives allowed to be
present in each electoral committee shall be determined so that large numbers do not