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Official Gazette – Issue No. 8 bis (a) May 26, 2013 9 Sixth: clause 7 of article (10) stipulates HEC's jurisdiction to set the rules on the distribution of the available time - particularly in the prime time - for TV and radio broadcast for electoral campaigning in the state and private media on absolutely equal basis. Whereas what is stated in the presented text on obliging private media to apply absolute equality in the electoral campaigning of all candidates contradicts the text of articles (45) and (48) of the constitution on ensuring the freedom of thought and opinion, freedom of press, publication and all mass media, since such entities are owned by persons of divergent ideological orientations, thus they may not be obliged to allocate equal times to show candidates' platforms which contradict with their orientations. This is not affected by the challenge that this obligation shall achieve equality among candidates; since ensuring such equality is the duty of the state and its formal media bodies according to articles (6), (8), (33) and (55) of the constitution. Seventh: clause 8 of article 10 vested HEC with announcing election and referendum general results. Whereas article (228) of the constitution stipulates that "The High Elections Commission, existing at the time the Constitution comes into effect, shall undertake full supervision of the first parliamentary elections", the entrustment of referendum general result to HEC stipulated in the aforementioned clause 8 infringes article (228) of the constitution. The same defect applies to paragraph 1 of article (33), the end of article (37), article (45), paragraph 1 of article (46) and (47) of the presented draft law. Eighth: paragraph 4 of article (12) of the draft law stipulates that "If the court – prior to the start of the polls – rules that the name of the candidate be expunged, the voting process shall proceed after excluding the candidate whose name was expunged. However, if the voting process starts before the court decides on the request, the polling process shall proceed provided that HEC suspends the announcement of the results of the elections in which the candidate in question is contesting in case he/she has received sufficient votes that allow them to win or to enter into a run-off vote against another candidate. In the event that the court rules that such candidate be removed, the election shall be re-run with the other candidates. Since the foregoing paragraph 4 omits facing the case in which the polling process starts before the High Administrative Court issues a ruling on expunging the name of a candidate, if the polling process does not result in his/her winning or entering into the re-run, and he got a number of votes that would affect the elections result within the constituency, so that if he/she is excluded from the candidates before the beginning of the poll, such votes or most of them would be distributed among the other candidates, affecting the result of who wins or stands for the re-run. Hence, such omission resulted in the infringement of the constitutional rights included in article (55) of the constitution as it affects the voter's right to choose and that is the essence of the right to election. Ninth: article (16) of the presented draft law stipulates that "Polling and vote counting processes for the Egyptians living abroad shall start before the scheduled

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Shura Council Speaker request for constitutional review of the draft law regulating the exercise of political rights.

Judgment

Question Presented: Whether the draft law adheres to the current constitutional political protections.

Alleged Acts: The Shura Council Member filed suit in the Supreme Constitutional Court seeking review of the draft law that limited political rights and they exercise thereof. The drafted law; (1) distinguished between judicial bodies and branches and required the National Elections Commission to assign supervision of voting to judicial bodies; (2) permitted those unable to cast their ballot based on visual impairment or other disability to verbally state the vote to an election official who would record it on a ballot; (3) permitting the President to set the general election date by decree; (4) no modifications may be made to the voter database after the call for elections; (5) reforming the voting abroad system to begin counting before the actual date of elections.

Summary: The court determined that the differentiation between judicial bodies and branches was unconstitutional and required that they words be synonymous. Second, the court determined that all ballots must be direct secret votes, but that this supposes the voter is sighted. Thus, the court determined that the committee head signing the ballot paper violated the right to secrecy. Third, the court determined that Presidential decree violated the constitution because it diminish the integrity of election and removed powers from the Election Commission. Fourth, the court determined that restrictions on the right to voter were limited such those they unreasonably hindered political participation. Fifth, the court determine that the constitution provides protections for Egyptians living abroad and the restriction of voting before election day failed to adhere to these protections.

Conclusion: The court struck down portion of the drafted law and unconstitutional because they conflicted with the political protections set forth in the constitution.

Legal Issue(s)

Accessibility
Vote Verification and Transmission

Region: Middle East and North Africa

Country: Egypt

Language of Decision

English

Court: Constitutional Court

Election Type: Review of law

Date of decision: May 26, 2013

Geolocation

Latitude: 30.38327401

Longitude: 31.34626495

: Geolocation

Primary Documents

SCC ruling- some elec procedures and PWDs-May 2013 (English).pdf
English
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Election Judgments - IFES

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Shura Council Speaker request for constitutional review of the draft law regulating the exercise of political rights.

Primary Documents

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