SCAF will form a new Constituent Assembly to complete a draft constitution within three months.14 A constitutional referendum would then be held within 15 days, followed by parliamentary elections within one month after the constitution is approved. The addendum does not specify the electoral system to be used for these elections, only that they will be conducted “in accordance with the law.” The addendum also inserted a new Article 60(B1) into the Constitutional Declaration that allows “the president, the head of SCAF, the prime minister, the Supreme Council of the Judiciary or a fifth of the constituent assembly” to object if they believe that “the new constitution contains an article or more which conflict with the revolution's goals and its main principles or which conflict with any principle agreed upon in all of Egypt’s former constitutions.” If the Constituent Assembly fails to revise the article within 15 days, the matter will be referred to the SCC, which will have to give its verdict within seven days. The SCC’s decision will be final. Analysts largely agree that Article 60(B1) applies to both the current Constituent Assembly and to any new assembly that may be appointed by the SCAF under Article 60(B). Both changes have been interpreted as significant extensions of the influence the SCAF will wield over the drafting of a new constitution.15 Legal challenges to the addendum have been filed, including one by a former presidential candidate and three Egyptian NGOs, asking that the SCAF hand over full powers to President Morsi.16 The State Council’s Administrative Court was due to rule on these challenges on July 17; however, on July 18 the court recused itself on the basis that it does not have jurisdiction to consider legal challenges to the addendum.17 The Constituent Assembly and Drafting a New Constitution Article 60 of the Constitutional Declaration provides that the members of the PA and the SC will elect 100 members of a Constituent Assembly to draft a new constitution to be approved by the people in a referendum. The Constituent Assembly will have six months to complete its work and the referendum must then be held within 15 days. The Constituent Assembly was formed in March 2012, following parliamentary elections. Following a legal challenge, however, the assembly was suspended by the Supreme Administrative Court on the grounds that its membership included 50 members of the PA, which was contrary to the March 2011 Constitutional Declaration and to a 1994 SCC ruling that parliamentarians cannot elect themselves.18 The assembly was reformed by parliament in early June after two months of negotiations between political parties and the SCAF,19 and began its activities shortly afterward. But further challenges to the formation of the Constituent Assembly have been filed following the SCC’s decision on the 14 Ahram Online reported that this provision was included as a precaution “in case the constituent assembly was found unconstitutional following the dissolution of parliament.” “Court delays ruling on case against Egypt’s constitutional addendum. Ahram Online. June 26, 2012. http://english.ahram.org.eg/News/46224.aspx 15 See, for example, “SCAF expands its power with constitutional amendments.” Egypt Independent. June 17, 2012. http://www.egyptindependent.com/node/928246 16 “Lawsuit filed against SCAF to hand full powers to Morsy.” Egypt Independent. July 2, 2012. http://www.egyptindependent.com/node/960401. See also “Khaled Ali, NGOs file lawsuit against SCAF's 'constitutional addendum.'”Ahram Online. June 19, 2012. http://english.ahram.org.eg/News/45593.aspx 17 “Administrative court recuses itself from controversial cases.” Egypt Independent. July 19, 2012. http://www.egyptindependent.com/news/administrative-court-recuses-itself-controversial-cases 18 “Egypt’s Supreme Administrative Court suspends embattled Constituent Assembly.” Ahram Online. April 10, 2012. http://english.ahram.org.eg/News/38936.aspx; and “Questions loom over Constituent Assembly.” Al-Masry Al-Youm. July 3, 2012. http://www.egyptindependent.com/print/961141 19 “Broad satisfaction over Constituent Assembly deal.” Ahram Online. June 9, 2012. http://english.ahram.org.eg/News/44261.aspx IFES Page 6 of 18