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same right to the electoral lists, Hence, we decide to reject the appeal in form from the first plaintiff due to lack of litigation authenticity. Referring to the appealers 2 to 12, and after reviewing the objection submitted to the CEC on 9/4/2017 which is an objection filed by the members of the City for All list via its representative Arafat Mahmoud Khalaf, thereof, the appealers are represented in this appeal, since law allowed the list representative to file a complaint/ appeal on behalf of the list, and since he filed an objection to the CEC challenging the cancellation of the list in accordance with powers granted to him, thus the affected of the decision objected-on have the right to hire an attorney to file an objection. Based on what is stated above, we have decided to reject the appeal of the first plaintiff in form and to proceed with the remaining appealers’ objection duly. The list of appeal is repeated and the attorney of the respondents repeated his pleas. The documents portfolio attached with the appealing list and marked with (M/1) and stamping the evidence. The attorney of the respondents presented a copy of the electoral record of the appealing candidate Hassan Issa Hassan Muheisen and his evidence stamps. Hearings The Attorney Fadi said: “I petition the court to consider the appealing list presented by me as a hearing clarifying to the court that the decision, which is the subject of this appeal, did not consider the basic principles of fairness and justice which is considered as a persistent need of the Palestinians under these exceptional living conditions. Thus, the locality associated with this appeal and in accordance with the wording of the law that consider the electoral lists that consist of at 7 candidates are qualified and sufficient to be accepted in that locality, while informing the court with the merits of this appeal, we find out that the basis for issuing the objected-on decision is that candidate no. 11 in the list “The City for All” has violated his nomination provisions according to the CEC decision. In this context, it must be apparent to the court that: 1) primarily, the nomination of this candidate is basically did not violate and/or exceed the wording of the law since all the main provisions that qualify him to be a candidate for Beitunia local elections were met and fulfilled, and are evident through the documentary evidences that prove the residency of the candidate at the locality and that he considered all the formalities and objective procedures of his nomination. The CEC made its

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City for All List, et. al v. Palestinian Central Election Commission, et. al

Judgment

Question Presented: Whether the error in registration on the voter list of one candidate from an independent candidate list should result in rejecting the application of all the candidates on the list, and thus the entire list, from running for election.

Alleged Acts: The plaintiffs allege that the Palestinian Central Elections Committee (CEC) improperly rejected the nomination of the City for All List (“the List”) for the Beituna elections because one of the List’s members, Hasan Issa Hassan Muheisen, was not properly registered on the Beituna’s voters’ list, but rather on the voters’ list in Ramallah. As a result of the rejection, the plaintiffs allege that all the candidates on the City for All List were deprived of their right to run for election.

Procedural history: The CEC rejected the candidates on the City for All List from running in the Beitunia, Ramallah, and Al-Bireh municipal elections due to the ineligibility of one candidate on the list. The City for All List, in conjunction with 11 members of the List as individual candidates on the list, appealed the CEC’s decision to the Electoral Court.

Summary: The plaintiffs are the City for All List and 11 individual applicant-candidates of the List who allege that the CEC improperly barred the List and its members from running in municipal elections because one of the List’s candidates, Hasan Issa Hassan Muheisen, was not registered on the voter roll in Beitunia municipality. Instead, Hassan Muheisen was registered on the voter roll in Ramallah municipality. The CEC refused to register the City for All List, the candidate Muheisen, and all other the member-candidates running on the City for All List because of Muheisen’s lack of registration on the voter roll in the Beitunia municipality, where they wished to compete in the election. The plaintiffs provide a series of reasons for contesting the CEC’s rejection. First, the rejection is generally invalid because the CEC did not address all the issues raised by the plaintiffs in their appeal to the CEC on 9/7/2017. They argued that the List was submitted properly and met all requirements under election law and that, it is the responsibility of the CEC, not the party or the candidates, to “verify and confirm that the nomination applications are complete and meet all the legal requirements.” The plaintiffs also stated that the CEC assumed, without mentioning proof, that the plaintiffs submitted the List in bad faith and for the purpose of getting around the laws regulating the election process. Additionally, candidate Hassan Muheisen is a resident of Beitunia and “was committed to paying all his due fees and taxes” imposed for misregistering on the Ramallah voter roll. They argue that an entire list can only be rejected in instances where withdrawing a candidate(s) causes the total number of candidates on the list to fall below “the majority of the number of seats allocated to the electoral district” in accordance with article 14, paragraph 5 of Local Election Law No. 10 of 2005. Therefore, Hassan Muheisen being kept on or removed from the List will not affect the legal order of the other candidates or the validity of the List at large. And, rejecting the entire List instead of only removing Hassan Muheisen violates Articles 14, 16, 17, 18, and 20 of the Local Elections Law No. 10 of 2005. They added that the rejection of the List violates the rights of the List candidates to participate in political life “in accordance with the principles of equal opportunities.” Finally, the CEC’s rejection does not safeguard the elections process, does not allow for a strong and competent local council and does not restore citizens’ trust in the elections process. In its decision on appeal, the Electoral Court cited Article 14(5) of the Local Elections Law No. 10 of 2005 mandating that the number of candidates on an electoral list could not be less than the majority of seats for the contested locality. Even though candidate Hassan Muheisen had not correctly registered on the voter roll, the Court held that the number of remaining registered candidates on the List did not fall below the required threshold. Therefore, the Court held that the City for All List was still valid and its members are eligible to run in the Beitunia municipal elections. The Court concluded that the CEC’s interpretation of Local Elections Law No. 10 of 2005 was incorrect and its rejection of the List partially violated the law. Consequently, the Electoral Court reversed the CEC ruling for the party and all the party’s members, except for the candidate who did not register correctly.

Conclusion: The CEC decision is reversed for all appellants, except for Hasan Issa Hassan Muheisen, and the registration for the City for All List is accepted to compete in the municipal elections.

Legal Issue(s)

Candidate Eligibility
Candidate Registration

Applicable Law(s): Article 14, Paragraph 5 of the Local Elections Law No. 10 of 2005

Region: Middle East and North Africa

Country: Palestine

Language of Decision

Arabic

Court: Electoral Court

Election Type: General

Date of decision: Apr 23, 2017

Geolocation

Latitude: 31.467569093559153

Longitude: 34.42376471221693

: Geolocation

Primary Documents

ELECTORAL COURT Case 4-2017.pdf
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ELECTORAL COURT Case 4-2017 Dissenting Opinion .pdf70.87 kB

Election Judgments - IFES

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City for All List, et. al v. Palestinian Central Election Commission, et. al

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