Official Gazette – Issue No. 7 (bis) February 18, 2013
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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".