The draft organic law related to the electoral system included a number of proposed new amendments with the aim of correcting deficiencies and addressing various imbalances, in a way that seeks to give greater integrity and transparency to the electoral process. This comes after extensive consultation with the political parties during which the various viewpoints were reconciled, in order to ensure the harmony and effectiveness of the provisions it contains.
The draft draft organic law, which amends and supplements Order No. 21-101 of Rajab 26, 1442, corresponding to March 10, 2022, which includes the organic law relating to the election system, a copy of which is in possession of the elhiwar us newspaper, explains that the text included several basic axes, which were monitored in 15 new amendments, namely assigning the task of material and logistical support to the elections to the interests of the Ministry in charge of the Interior, With a clarification of the role of the interests of the Ministry in charge of Foreign Affairs with regard to electoral and referendum operations abroad, and an emphasis on the powers granted to the Independent National Election Authority related to the conduct of all electoral and referendum operations, in addition to restructuring the Independent National Authority for Elections by devoting the principle of deliberation in making decisions of the authority, especially the decisions issued by its president, by restructuring it by establishing a deliberative body represented in the Council “consisting of 10 members instead of 20 members and an executive body represented in the “office” that includes a president The independent authority and two (2) members, elected from among the members of the Council. This office ensures the implementation of the Council’s decisions, and determines the legal status of the head and members of the Authority affiliated with various state institutions by subjecting them to the system of assignment or attachment, as the case may be, to the independent authority, for the duration of the term.
Experience in the electoral field.
In this context, the new amendment required experience in the electoral field for members of the Authority Council, while subjecting users of the independent authority to the provisions of the General Basic Law for Public Service instead of the Basic Law that concerns them. It also requires that coordinators not be from or reside in the areas where they supervise and monitor electoral processes, in addition to the conditions required for members of the independent authority stipulated in Article 40 of this organic law, in addition to reconsidering the provisions related to extensions of the independent authority by replacing state delegates, municipal delegates, and delegates at diplomatic and consular representations abroad, with coordinators who serve on the occasion of every electoral entitlement without having the status of membership in it, in addition to a group of related provisions. It included, in particular, limiting the number of coordinators to one (01) state coordinator at the level of each state and each municipality, determining the number of coordinators at diplomatic and consular representations abroad in coordination with the interests of the Ministry in charge of foreign affairs, in addition to determining and limiting the period of employment of coordinators during the electoral and referendum processes starting from the date of summoning the electoral college until the announcement of the provisional results, for the legislative and presidential elections, and until the announcement of the final results for the local elections, in addition to their employment on the occasion of the review. Periodic electoral lists.
As for the fourth amendment, it included reducing the percentage of women’s representation on nomination lists to one-third (1/3) instead of half (1/2), with the inclusion of a transitional provision for the elections to the National People’s Assembly and the local popular council elections that immediately follow the publication of this organic law, to exempt lists that were unable to fulfill this condition from it, in addition to including, in the fifth amendment, a provision granting political parties and liberal candidates the authority to rank candidates on nomination lists.
The project also includes increasing the number of candidates on nomination lists for legislative or local elections to a number greater than the number of seats required to be filled, by seven (7) instead of 3 in electoral districts whose number of seats is odd, and six (6) instead of two (2) in electoral districts whose number of seats is even, in addition to reducing the number of signatures required to prepare local and legislative nomination lists. Local elections: 35 signatures instead of 50. Legislative elections inside the country 150 signatures instead of 250 and outside the country. 100 signatures instead of 200, and the harmonization of the provisions related to inability to be nominated, provided that the period of one (1) year has elapsed from the termination of service in the People’s National Army, with the provisions contained in the General Basic Law for Military Employees, which sets the period of prohibition at five (5) years for active military personnel.
Proof of the candidate’s status with the tax administration
As for the Ninth Amendment, it stipulated proof of the candidate’s status vis-à-vis the tax administration, whether by finally paying the tax amounts owed or through tabulation, or by proving not being subject to tax for legislative and local elections, while the Tenth Amendment required proof of the educational level of the candidate for the presidential elections.
Moreover, the draft law also includes strengthening democratic practice by obligating the Council of Authority to deliberate and approve, especially the provisional results of the presidential, legislative and referendum elections before they are announced by the head of the independent authority, in addition to including a special provision related to the deadlines for holding new presidential elections in the event of the death of one of the candidates for the second round or being exposed to a legal impediment, in accordance with the provisions of Article (95) Paragraph (3) of the Constitution, as well as the inclusion of the single national identification number in the voter card for new registrants, provided that it is Gradually spreading the process to the rest of the voters, in accordance with the Thirteenth Amendment.
As for the fourteenth amendment proposed in the draft law related to the electoral system, it included reviewing some legal deadlines to ensure the proper conduct of the electoral process, in addition to including in the fifteenth amendment a transitional provision exempting lists of candidates in the newly created states for the legislative and local elections that immediately follow the issuance of this organic law, from the requirement to collect signatures.
The reasons behind these amendments…
Regarding the reasons behind these proposed amendments in the draft organic law related to the election system, the text of the draft stated that the draft organic law aims to amend and supplement the provisions of Order No. 21-101 of March 10, 2021, which includes the organic law related to the amended and supplemented election system. It was prepared after extensive consultation with political parties during which the various viewpoints were reconciled, in order to ensure the harmony and effectiveness of the provisions it contains. It also stated that the proposed amendment aims to rectify the shortcomings and address the various imbalances that resulted from field practice following the organization of the various presidential, legislative and local electoral elections, as well as the mid-term renewal of the elected members of the National Assembly, allowing the Independent National Elections Authority to exercise its basic tasks related to preparing, organizing and conducting the electoral and referendum processes and supervising and monitoring them, to guarantee the citizen’s right to freely choose his representatives.
The draft project also stated, in this regard, that the weight and size of these tasks assigned to the independent authority had an impact on the good conduct of the electoral process, which requires a new vision in reviewing the legal framework related to the electoral system, especially by separating between the tasks related to material and logistical support for the electoral and referendum processes, which should be assigned to the interests of the Ministry in charge of the Interior, on the one hand, and the aforementioned basic tasks, which are the responsibility of the independent authority, on the other hand.
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