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Law on the Election of the Members of the National Assembly CHAPTER ONE GENERAL PROVISIONS Article 1:
This law shall govern the election of the members of the National Assembly of the Kingdom of Cambodia. Article 2:
The election of the members of the National Assembly shall be based on the principles of multiparty liberal democracy. Article 3:
The election of the members of the National Assembly shall be held every five (5) years, on Sunday, eight weeks prior to the end of the term of office of the National Assembly, except in the following circumstances:
Article 4: The administration of the general election shall be the responsibility of the National Election Committee (NEC) as stipulated in Chapter III of this law. CHAPTER
TWO ELECTION
SYSTEM AND DETERMINATION OF SEATS Article 5: Members of the National Assembly shall be chosen by a general election, by means of a free, fair, universal, direct, equal and secret ballot. The electoral system shall be proportional, with provincial and municipal representation. Article 6: The National Assembly shall have at least one hundred and twenty (120) seats. Article 7: Every third year of the mandate of the National Assembly, the Council of Ministers shall establish a Committee to determine the number of seats and allocate them to each province and municipality. This Committee shall be composed of:
The Committee shall elect a Chairman and Vice-Chairman, by majority vote, from among its members. The Committee shall report and submit proposals to the Government with a view to increasing or maintaining the number of seats, in light of geographic, social, demographic and economic considerations. The Government shall draft the procedures for determining the number of seats and shall submit them to the National Assembly for approval. In the absence of any determination, the number of seats in the National Assembly shall be the same as for the previous parliamentary session. Article 8: The number of seats in the National Assembly and the number of seats allocated to each province/municipality shall be published at least one year before the day of the general election. Article 9: To determine the number of seats, the Committee shall, irrespective of the remainders, use the following: Pp
Pa Pa ---- = Qp ---- = Na
To determine the number of seats in each province or municipality, the Committee shall use the following formula: P --- = N Qa
Article 10: A province or municipality whose population is lower than the quota shall be allocated one seat. The Committee may recommend an increase in the number of seats in light of geographic, social and economic considerations.
CHAPTER
THREE ADMINISTRATION
OF THE ELECTIONS Article 11:
The election of the National Assembly shall be administered by the National Election Committee. The NEC shall be assisted in its tasks by:
Article 12: The NEC shall be an independent and neutral body established to administer elections. The members of the NEC and of all other election commissions shall perform their functions in a neutral and impartial manner. Article 13: The NEC shall be composed of:
The Chairman and Vice-Chairman of the NEC shall be chosen from among eminent personalities who are experienced in politics and administration. The Chairman, the Vice-Chairman and the other members of the NEC shall be appointed by Royal Decree at least nine (9) months prior to the day of the election, on a motion of the Council of Ministers approved by an absolute majority vote of the National Assembly. The Ministry of the Interior shall submit the names of the proposed members of the NEC to the Council of Ministers for approval at least eleven (11) months prior to the day of the election. The NEC may recruit staff as it deems appropriate. Article 14: In the event of the dissolution of the National Assembly before the end of its mandate, the NEC shall organize the election within sixty (60) days. Article 15: If the Chairman or Vice-Chairman is a member of a political party and/or of the public service at the time of his or her appointment, he or she shall resign from the party and/or shall apply to be released from the public service until the end of this term of office. Other members of the NEC and the Chairman, Vice-Chairman and other members of Provincial and Commune Election Commissions who are members of a political party and/or the public service at the time of their appointment shall resign temporarily from the party and/or apply to be released from the public service until the end of their appointment. Article 16: The NEC shall have the duty and responsibility to organize and manage elections. The NEC shall be fully entitled to exercise its own competency. In exercising its rights, duties and responsibilities with respect to the planning, organization, management and monitoring of the poll, it shall:
Article 17: The working modalities of the National Election Committee shall be determined by internal rules (by-laws) in accordance with the provision of this Law and regulations. All decisions of the National Election Committee shall not be deemed valid unless made by an absolute majority. Article 18: The composition of the Provincial / Municipal Electoral Commissions shall be appointed by the National Election Committee from among the general population, public servants and/or officials of the province/ municipality eligible to vote, except for members of the military forces, police, court officials, religious priests, and provincial governor and deputy governor(s). A Provincial/ Municipal Electoral Commission shall consist of a Chairman, a Vice-Chairman and three (3) to five (5) members. The Provincial / Municipal Electoral Commissions shall establish a Secretariat to assist them. Between elections, the National Election Committee shall designate one or two officials of the Secretariat to maintain the continuity of electoral work in the provinces/ municipalities. Article 19: The Provincial/Municipal Electoral Commissions shall have the following duties and responsibilities:
Article 20: The members of the Commune Electoral Commissions, upon request of Provincial/Municipal Electoral Commissions, shall be appointed by the National Election Committee from among the general population, public servants, and official of the commune eligible to vote, except for members of the military forces, police, court officials, religious priests, and the commune chief and deputy chief(s). A Commune Electoral Commission shall consist of a Chairman, a Vice-Chairman and three (3) members. Article 21:
The Commune Electoral Commission shall have the following duties and responsibilities:
Article 22: The members of the Polling Station Commission shall, upon request by the Provincial/Municipal Electoral Commission, be appointed by the National Election Committee from among the general population, and public servants of the commune or district eligible to vote, except for members of the military forces, police, court officials, religious priests, district chief and deputy chief(s), officials of the commune or district, and village chiefs. A Polling Station Commission shall consist of a Chairman, a Vice-Chairman, a Secretary, and two to four Members as determined by the National Election Committee. Article 23: A Polling Station Commission shall have the following duties and responsibilities:
Article 24: The National Election Committee may delegate its authority or powers to Provincial/Municipal Electoral Commissions, Commune Electoral Commissions, Polling Station Commissions, or electoral officers or agents to conduct the election. Article 26: Each political party participating in the election may send one of its representatives eligible to vote to observe polling activities at a polling station. Article 27: National and international non-governmental organizations, foreign countries and international organizations may send their representatives to observe the electoral process. Article 28: Representative of political parties participating in the election, national and international non-governmental organizations, and foreign countries who observe the electoral process shall be accredited by the National Election Committee. Article 29: Authorities at all levels responsible for security, public order, and other assignments, at the request of the National Election Committee or Electoral Commissions, shall cooperate with the National Election Committee and Electoral Commissions at all levels to maintain safety, security, and public order during polling day and during the electoral campaign. Article 30: The Chairman of the National Election Committee shall have the same rank and privileges as a Deputy Prime Minister. The Vice-Chairman of the National Election Committee shall have the same rank and privileges as a Minister. Members of the National Election Committee shall have the same rank and privileges as a Secretary of State. The Secretary-General of the National Election Committee shall have the same rank and privileges as a Director of a Ministry. Article 31: Members of Election Commissions at all levels, staff, the General Secretariat and Secretariats shall receive remuneration as determined by the National Election Committee. Article 32: The Commune Electoral Commission shall perform their functions until the final announcement of the results of the election of members of the National Assembly. The Provincial/Municipal Electoral Commission shall perform their functions until the 60th day after the final announcement of the results of the election. Members of the National Election Committee shall continue their functions until new appointments are made. CHAPTER
FOUR REGISTRATION
OF POLITICAL PARTIES AND LISTS OF CANDIDATES
Article 33: A Khmer citizen eligible to stand for election who wishes to stand as a candidate in an election of members of the National Assembly must meet the following requirements:
Article 34: The following persons shall not be eligible to stand as candidates for election to the National Assembly:
Article 35: Civil servants, court officials, members of the military forces and police members of the Supreme Council of the Magistracy, members of the Constitutional Council, and religious priests who wish to stand as candidates for election to the National Assembly shall resign from their functions or renounce their priesthood at least seven (7) days prior to date of electoral campaign. If elected, any such person shall apply to the relevant Ministry or institutions to be released from his or her duties for the duration of the legislative mandate. While he or she is holding his or her legislative mandate, he or she shall retain his or her right to promotion and shall maintain his or her seniority for retirement purposes. At the end of his or her legislative mandate, he or she shall be entitled to return to his or her previous position, but his or her function shall be determined by the Ministry or other body concerned. Article 36: Modalities of the implementation of Article 33 and 34 of this Law shall be determined by regulation procedures. Article 37: Registration of political parties shall begin one hundred and twenty (120) days before polling day. To officially register for participation in the election, a political party shall submit to the National Election Committee an application in a form approved by the National Election Committee, and no later than ninety (90) days before polling day shall provide the following documents:
A list of candidates for a constituency shall have the same number of candidates as that of seats allocated by the National Election Committee and shall conform to the format prescribed by the National Election Committee. For a constituency which is allocated with one or two seats, there shall be at least three alternate candidates.
Article 38: The list of candidates for each constituency shall contain:
Article 39: The name of a candidate shall appear on the list of only one constituency. A candidate whose name appears on more than one list shall be declared by the National Election Committee to have lost his or her right to be a candidate in the election, even if he or she seeks to be a candidate of another political party. Article 40: The National Election Committee shall decide on a political party’s application to participate in the election within seven (7) days of receipt of its application. In the event of dissolution of the National Assembly before the end of its mandate, the National Election Committee shall immediately examine and decide upon the applications of political parties to participate in the election. If the National Election Committee accepts the applications, it shall issue certificates of participation to parties concerned. If a party does not meet the requirements set out in Articles 33, 34, 35, 36, 37, and 38 of this Law , the National Election Committee shall notify the party concerned accordingly so that it can take appropriate steps. The party concerned shall have ten (10) days from the date of receipt of the notice in which to meet the said criteria. In the event of the dissolution of the National Assembly before the end its mandate, the party concerned shall be required to meet the said criteria before the closing of registration of political parties. If the political party fails to meet the requirement before the expiration of this period, the National Election Committee shall consider the political party as having dropped its application for the participation in the election. Article 41: If a candidate or list of candidates is rejected pursuant to Articles 33, 34, 35, or 39 of this Law, the National Election Committee shall:
Article 42: If any candidate or list of candidates is rejected by the National Election Committee, the candidate or political party concerned shall be entitled to appeal in writing to the Constitutional Council within seven (7) days of notification of the rejection. In the event of the dissolution of the National Assembly before the end of its mandate, the candidate or political party concerned may lodge an appeal in writing with the Constitutional Council immediately. The Constitutional Council shall examine and decide the appeal within ten days of receiving the appeal. In the event of the dissolution of the National Assembly before the end of its mandate, the Constitutional Council shall examine and decide the appeal immediately. Article 43: The hearing and/or partial hearing by the Constitutional Council to rule on the appeal shall be public. The Constitutional Council shall make public the date, place and time of the hearing. Article 44: After the end of the period of registration of political parties for participation in the election and /or after the final decision on the appeal, the National Election Committee shall publish the list of the political parties that have been registered for election participation and the list of candidates for each province/municipality, in accordance with the regulations and procedures. CHAPTER
FIVE POLLING
STATION Article 45: Registration stations shall be established by the National Election Committee within the communes in accordance with regulations and procedures. All registration stations other than mobile registration station shall become polling stations on polling day. Article 46: Each registration station shall serve no more than six hundred (600) eligible voters, unless otherwise decided by the National Election Committee. Each registration station shall be in a central location serving a village or group of villages and shall facilitate the registration of all members of every family and their later polling at the polling station. Article 47: The names and locations of registration stations already established shall be posted in a public place. Political parties that have been registered for participation in the election may ask for a list of names and locations of polling stations by paying a fee. The fee shall be no more than the cost of production of the list. The National Election Committee shall send a copy of the list of names and locations of registration/ polling station to the Constitutional Council. CHAPTER
SIX VOTER
REGISTRATION AND LIST OF VOTERS Article 48: The list of voters in each registration station shall be prepared by the National Election Committee. The list of all polling stations shall be entered in a registry of voters and kept at the headquarters of the Provincial/Municipal Electoral Commission. The National Committee shall publish the official list of voters at least ninety (90) days before polling day. In the event of the dissolution of the National Assembly before the end of its mandate, the National Election Committee shall use the last lists of voters as official lists and publish those registries at least 50 days before polling day. Article 49: The registry of voters shall be kept permanently. The period of voter registration shall be fixed and announced publicly. This period may be changed based on circumstances prevailing in the nation, provinces/municipalities, districts, communes, or polling stations, followed by a public announcement. Article 50: To be eligible to vote, a Khmer citizen must have his or her name on the list of voters and must have a registration card. In order to qualify for registration, a person:
Article 51: Candidates for election and their spouses and children may register in the constituency for which they stand for election, subject to Article 50 of this Law. Article 52: Every Khmer citizen shall be registered under one name only and at only one registration station. Article 53: The National Election Committee shall appoint its voter registration agents to register voters or to review the list of voters for each registration station. Article 54: In order to register to vote, a Khmer citizen shall appear at the registration center and produce the documents required by regulations and procedures. If a citizen produces sufficient and correct documents, the registration agents at a registration station shall:
If the name of a citizen already appears on the previous list of voters, the registration agents shall verify the fact that he or she was registered in the previous list of voters. Then, the registration of that citizen must proceed in accordance with the Second Paragraph of this Article. Article 55: Entry into the security perimeter of the registration station with any type of explosive or weapon shall be prohibited. Article 56: Registration agents may reject the request to register a person if there is any evidence that he or she does not meet the requirements of Articles 50 or 51 of this Law. A registration agent who refuses to register a person shall:
Article 57: Any person whose application for registration is rejected by a registration agent may appeal, or any other person may appeal, in writing to the Provincial/Municipal Electoral Commission within five (5) days of notification of its rejection. Article
58: The Provincial/Municipal Electoral Commission shall decide on the appeal within seven (7) days of its receipt. The hearing of the Provincial/Municipal Electoral Commission on such appeals shall be public. Article 59: If the Provincial/Municipal Electoral Commission upholds the appeal, it shall instruct the registration station concerned to register the voter in accordance with the Second Paragraph of Article 54 of this Law. If the Provincial/Municipal Electoral Commission rejects the appeal, it shall:
Article 60: If a person’s appeal is rejected by the Provincial/Municipal Electoral Commission, that person or any other person may lodge another appeal in writing to the National Election Committee within five (5) days of notification of rejection by the Provincial/Municipal Electoral Commission. Article 61: The National Committee shall rule on any appeal within seven (7) days of its receipt. If the National Election Committee upholds the appeal, it shall direct the Provincial/Municipal Electoral Commission to instruct the registration station concerned to register the voter in accordance with the second Paragraph of Article 56 of this Law. If the National Election Committee rejects the appeal, it shall:
Article 62: If a person’s appeal is rejected by the National Election Committee, that person or any other person may lodge another appeal in writing to the Constitutional Council within five (5) days of notification of rejection by the National Election Committee. The Constitutional Council shall rule on any appeal within ten (10) days of its receipt. Whether it upholds or rejects the appeal, the Constitutional Council shall:
If the Constitutional Council directs the appellant to be registered, the National Election Committee shall instruct the registration station concerned to register the applicant in accordance with the Second Paragraph of Article 54 of this Law and shall send a copy of the amended list of voters of the registration station concerned to the Constitutional Council. Article 63: The National Election Committee shall, as soon as possible after the end of the registration period, post the preliminary list of voters at each polling station, at the offices of the Commune Electoral Commissions and at the offices of the Provincial/Municipal Electoral Commissions. Political parties shall be entitled to obtain a copy of the list of voters for fee. The fee shall not exceed the cost of producing the copy. Article 64: Any person may, within five (5) days of the posting of the preliminary list of voters, lodge a complaint in writing with the Commune Electoral Commission about the omission from registration, or object to the registration or to the retention of the name of another person on the list of voters, if he or she has evidence that that other person:
Article 65: The Commune Electoral Commission shall decide on any complaint or objection within three (3) days of the receipt of the appeal or objection. If the complaint or objection is sustained, the Commune Electoral Commission shall direct the name of the person concerned to be registered in accordance with requirements set forth in Second Paragraph of Article 54 of this Law, or his or her name to be deleted from the list of voters and register of voters and his or her registration card to be confiscated. If the complaining or objecting person or the person objected to is not satisfied with the ruling of the Commune Electoral Commission, he or she or his or her representative may appeal in writing to the Provincial/Municipal Electoral Commission within five (5) days of notification of the ruling. The Provincial/Municipal Electoral Commission shall rule on such complaint or objection within ten (10) days of the receipt of the appeal. If the complaint or objection is sustained, the Provincial/ Municipal Electoral Commission shall instruct the registration agents to register the name of the person concerned on the list of voters in accordance with the Second Paragraph of Article 54 of this Law, or to delete his or her name from the list of voters and register of voters and confiscate his or her registration card. If the complaining or objecting person is not satisfied with the ruling of the Provincial/Municipal Electoral Commission, he or she or his or her representative may appeal in writing to the National Election Committee within seven (7) days of notification of the ruling. The National Election Committee shall rule on the complaint or objection within ten (10) days of the receipt of the appeal. If the complaint or objection is sustained, the National Election Committee shall instruct the registration agents to register the name of the person concerned on the list of voters in accordance with Second Paragraph of Article 54 of this Law, or to delete his or her name from the list of voters and register of voters and confiscate his or her registration card. Article 66: If the complaining or objecting person is not satisfied with the ruling of the National Election Committee, he or she or his or her representative may appeal in writing to the Constitutional Council within five (5) days of notification of the ruling. The Constitutional Council shall rule on such complaint or objection within ten (10) days of the receipt of the appeal. If the complaint or objection is sustained, the Constitutional Council shall:
If the decision of the Constitutional Council requires the complaining person or person objected to be registered, the National Election Committee shall direct the registration station concerned to register the person concerned in accordance with the Second Paragraph of Article 54 of this Law, and shall send a copy of the amended list of voters for that registration station to the Constitutional Council. Article 67: After all complaints and objections have been settled, the National Election Committee shall post the official lists of voters at the Polling stations, the offices of the Commune Electoral Commission, and the offices of the Provincial/ Municipal Electoral Commissions. Political parties that have been registered for participation in the election may obtain copies of lists of voters for a fee. The fee shall be no more than the cost of producing the list. Article 68: Any person possessing a registration card of a deceased person shall immediately return it to the Commune Electoral Commission. The Commune Electoral Commission shall take steps to have the deceased person’s name deleted from the list of voters and from the register of voters and to have the registration card delivered to the higher Electoral Commission to be destroyed. Article 69:
Political parties and international organizations, and national and international non-governmental organizations may send their representatives to observe the registration process at registration stations. Such representatives shall be accredited by the National Committee. CHAPTER
SEVEN ELECTORAL CAMPAIGN Article 70: The electoral campaign shall be a process by which political parties and candidates for election convey their political platforms to voters. Article 71: Every political party and candidate shall avoid using threats, intimidation or violence against citizens, other political parties or candidates. Political parties and candidates shall not incite their supporters or voters to use threats, intimidation or violence against other parties or candidates. Article 72: The electoral campaign period shall last thirty (30) days and all activities of the electoral campaign shall be finished 24 hours before polling day. Article 73: During the electoral campaign period and on polling day all political parties and candidates, members and supporters of political parties shall comply with the rules, regulations, procedures and principles set out in this Law and with the Code of Conduct of the National Election Committee, and shall respect the principles of human rights and democracy enshrined in the Constitution of the Kingdom of Cambodia. Article 74: All media, including state-run press, television and radio, shall make their services available to the National Election Committee at no cost for the purpose of publicizing electoral work and conducting voter education. Article
75: The National Committee shall take steps to publicize political messages at the request of a political party which has been registered for participation in the election, based on equal and orderly access to the media. Article 76:
In exercising their right to publicize, political parties and candidates shall refrain from using violence, abuse, or contemptuous remarks that cause fear, confusion and loss of confidence in the secrecy of the ballot. Article 77: Public theaters, stadiums, parks and halls shall be made available to all candidates or political parties that have been registered for participation in the election to rent for electoral campaigning, based on equal and orderly access to those facilities. Article 78: During the electoral campaign, political parties and candidates who wish to rent public theaters, stadiums, parks or halls, in accordance with Article 77 of this Law, shall submit an application to the managers(s) of these facilities at least three (3) days before the scheduled meeting. A copy of this application must be sent to the relevant Commune Electoral Commission. The manager of the facility shall respond to the applicant within twenty-four (24) hours of receipt of the application. Article 79: Political parties or candidates may conduct their campaigns in private areas or halls with the consent of the owners but political parties or candidates must inform the relevant Commune Electoral Commission. Article 80: A political party or candidates shall not interfere with or obstruct activities of other political parties or candidates. Article 81: All expenses for electoral campaigns incurred by a political party or a candidate shall be borne by that political party or candidate. Article 82: Every political party that has been registered for participation in the election shall have an account book showing sources of income and expenses for electoral campaign purposes. The National Election Committee may examine the account, if necessary. Article 83: All contributions received by a political party shall be credited into a bank account and all electoral campaign expenses shall be debited from the same account. CHAPTER
EIGHT POLLING, COUNTING OF VOTERS AND DETERMINATION OF THE ELECTION RESULTS Article 84: Polling stations shall be established in accordance with Article 44 of this Law. Article 85: Polling shall last for one day. Voting shall start at 7 a.m. and end at 4. p.m., unless otherwise directed by the National Election Committee. However, if all registered voters in a polling station have cast their ballots before 4 p.m., the Polling Station Commission may decide to close that polling station. Article 86: The National Election Committee shall post and publish the list and locations of polling stations at least thirty (30) days before polling day. Article 87: Registered political parties shall be entitled to obtain copies of lists of voters and the locations of polling stations at a cost not exceeding the cost of producing these documents. Article 88: The National Election Committee shall, one day before polling day, provide each polling station with an appropriate quantity of the following polling materials:
Article 89: One day before polling day, the Chairman of the Polling Station Commission shall call a meeting to verify the presence of its members, examine the polling station and check polling materials and equipment. If a member of the Polling Station Co |