Algeria: Version of Draft Electoral Law Distributed to Political Parties for Enrichment

Algiers — The original version of the draft organic bill on the electoral system has been distributed on Tuesday, in application on the instructions of President of the Republic Abdelmadjid Tebboune to political parties for enrichment.

The draft organic bill on the electoral system, modified and supplemented, aims at consolidating democracy, moralizing political life and guaranteeing free choice, far from any material influence, according to the draft bill text.

The first article of the version submitted by the National Commission in charge of elaborating the draft amendment of the electoral law, chaired by Ahmed Laraba, contains the main objectives of the organic law, namely, “the fundamental principles and rules inherent to the electoral system, the materialization of the constitutional principles relating to the independence and neutrality of the Authority responsible for the management and monitoring of elections.”

The Article 2 of the version, which includes nine chapters, provides for that the “national sovereignty belongs to the people, they exercise it through their representatives, elected in free, legitimate, periodic, transparent and regular elections, and by referendum.”

Voting constitutes, under Article 3, “the means by which the people choose their representatives for the management of public affairs.”

All voters and candidates have the “right to question the regularity of the electoral operations in accordance with Article 5 of this organic law.”

Chapter I of the bill, containing 313 Articles, covers the management and the monitoring of electoral and referendum operations, a mission incumbent on the Independent National Authority for Elections (ANIE) which “prerogatives are exercised from the summons of the electorate to the proclamation of the results, according to the Article 9.”

The Authority chairman is elected by the members of its Council “by majority vote,” said the Article 26, which stipulates that the President of the Republic “designates the President of ANIE for a single term of six (06) years, not renewable.”

Chapter II defines the provisions relating to the preparation of electoral and referendum operations, among them the conditions required for the voter, in addition to the voter card, the preparation and revision of voters’ lists.

As part of the amendments introduced, the Chapter III in the Article 74 provides for that “the candidate or any other person participating in the electoral campaign shall refrain from making hate speech and all forms of discrimination.”

It also opens the possibility of “reimbursement by the State of part of the expenses of the electoral campaign”.

The Article 90 stipulates that “any donation bigger than DZD 1000 must be made by check, transfer, direct debit or credit card”.

The Chapter IV entails the provisions relating to the electoral operation, while the Fifth one concerns the election of members of the People’s Municipal, Provincial and National Assemblies (APC, APW and APN), and the Council of Nation (the Upper House). The Article 167 stipulates that the members of the APC and the APW “are elected for a term of five (05) years by proportional representation on an open list and by preferential vote, without vote-splitting.”

The Article 219 say that the candidates for seats at the Council of Nation, “must have completed a full term as an elected official in a municipal or provincial people’s assembly,” “justify situation at the tax administration,” “have never been jailed for crimes or offenses.”

Chapter VI also mentions the main provisions relating to the election of the President of the Republic and to referendums.

The Article 248 thus requires that each candidate “deposits a bond security of DZD 250,000 at the public treasury. Under Articles 258 and 261, the results of the presidential election or the referendum are announced by “the Constitutional Court within a maximum period of ten (10) days”.

The components and prerogatives of the municipal and provincial electoral commissions as well as those relating to diplomatic or consular districts are explained in chapter VII while the following one (chapter VIII) deals with the main electoral offenses.

The last chapter (IX) concludes with the final provisions.


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