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number of seats allocated to the electoral district”, which is further confirmed in article 15, paragraph 5, “If withdrawal of one or more candidate led to a violation of the provisions of paragraph 5 of article 14, and the list is unable to fill the vacant positions during the nomination period, the list shall be considered null and void”. These articles collectively are clear and aims at restricting the issue of rejecting the whole list to the case where the number of the candidates of the list is less than the number of majority of the number of seats allocated to the electoral district i.e. if the number of candidates is less than 7 for a locality whose number of seats is 13, then the whole list shall be dropped and cancelled. On the other hand, if withdrawal and/or dropping one candidate will not affect this point, then the whole list shall not be rejected. Seventh: Keeping the candidate Hassan Issa Hassan Muheisen, the 11 th and last appealer in the “City for All” and/or deleting his nomination will not affect the legal order of the other candidates or the legal structure of the list, particularly the article 17 which stipulates a certain order for women representation in the list. Considering law and regulations allow the nomination of Beitunia locality elections with a list consisting of 7 members only, thus, what the respondents referred to in their decision, the subject of the appeal and objection, does not comply with the law or reconcile with the objectives and purposes of the legislator enacted the legal texts mentioned above. Eighth: the decisions, subject of this appeal, do not comply or reconcile with the objections of the Palestinian legislator who sought via articles 14, 15, 17, 18 and 20 of the local elections law no. 10 of 2005 and its amendments, to differentiate between the legal provisions that the candidate shall meet to run in the local elections and the provisions that the list should meet to run in the local elections and by referring to the wording of these articles, we will find that the legislator specifies the cases where the list shall be rejected as a whole as in articles 14 and 15 of this law. On the other hand, the law identifies the cases where one or some candidate(s) can be deleted or dropped from the list but keep the whole list if this withdrawal/deletion won’t affect the structure and from of the list or violates the articles 14, 15 and 17 of the local elections law no. 10 of 2005 and its amendments. This is what the Palestinian court’s rulings in this regard, which constitute precedents or case laws that cannot be overlooked. For example, the first instance court’s decision in Toulkarem in case no. 165/2016 and 166/2016 of electoral objections and the decisions

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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

Primary Documents

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