elections in Beitunia locality, Ramallah & Al-Bireh locality issued on
9/4/2017 on the argument that the candidate Hassan Issa Hassan
Muheisen is not registered or enlisted in Beitunia’s voters’ list and his
name is enlisted in Ramallah district.
2. The decision of the respondents comprising rejecting the nomination of
the “City for All” list and not to publish it in the list of the electoral lists
running in Beitunia local elections, which carries no. (41) due to the
failure to meet all the legal provisions and thus depriving all the
candidates of the list to run in Beitunia locality elections, Ramallah and
Al-Bireh district.
Appeal reasoning and Rules
On 17/4/2017, the appealers filed this appeal for the following reasons:
First: the decisions, subject of this appeal, are deficient since they did not
resolve all the reasons stated in the objection submitted by the appealers to the
CEC on 9/4/2017 and identifying the legal points that were referred to in
(third, fourth and eighth clauses of this objection) in addition to the decision,
the subject of this objection, No. 1 issued by the CEO of the CEC that violates
the law and fundamental concepts (codes) since it is issued by a body that
does not have the capacity or the right to issue it in pursuant to the Local
Elections Law No. 10 of 2005 and its amendments.
Second: the nomination application of the “The City for All” list via its legal
representative fulfils all the legal provisions and was duly submitted and in
coherence with the local elections law in terms of nomination provisions and
provisions that should apply on each candidate.
Third: it is the duty of the CEC and its employees according to the law and
regulations, that regulate the work of the CEC and the elections process, to
verify and confirm that the nomination applications are complete and meet all
the legal requirements. Thus, we cannot say that the CEC’s task is only to
receive the application, while the responsibility of information verification is
on the list and its candidate, since the guarantee of holding intact legal,
democratic elections process fails within the top priorities of the CEC and one
of its main reasons of establishment and convention and work, hence; in case
of any flaw or fault in the provided information in spite of checking it by the
CEC employees, assuming there is one in the first place, this should not be a
reason to drop the whole list, because if there is a mistake, it is a material