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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 Commission is absent, that member shall be replaced by a new one, who shall be selected in accordance with the regulations and procedures. The Chairman of the Polling Station Commission shall verify that the necessary material, equipment and furniture for the conducting of the poll are available. The Chairman of the Polling Station Commission shall inspect the security at the polling station and, if necessary, shall take appropriate measures to maintain the security. Article 90: On polling day members of the Polling Station Commission shall present themselves at the polling station one hour before polling starts in order to make appropriate preparations. The Polling Station Commission shall comply with the instructions set out in the regulations and procedures. The Chairman of the Polling Station Commission shall verify the credentials of the political party agents and of the electoral observers before allowing them to enter the polling station. Article 91: Before the polling starts, the Chairman of the Polling Station Commission shall open the ballot boxes in the presence of Commission members, the political party agents and the observers to make sure that they are empty, and then lock them, placing numbered seals on them and recording the seal numbers in the minutes form. Article 92: Unless otherwise decided by the National Election Committee, voters shall, by producing their registration cards, record their ballot at the polling station where they have been registered. Article 93: Members of a Polling Station Commission are entitled to record their votes first, followed by the political party agents and national observers whose names are not the list of voters of that polling station. Article 94: Every voter is entitled to cast only one vote, one time only, in person. Every voter shall vote by placing a mark on the ballot paper against the political party of their choice, without making any change or addition. The manner of voting shall be determined by the National Election Committee. Article 95: Voting shall be secret. Any attempt to discover or to reveal the manner in which a person has voted shall be prohibited. Article 96: To maintain order at the polling station, all persons shall respect the rules of the National Election Committee. Article 97: Handicapped voters who are unable to vote by themselves may seek the assistance of the Chairman of the Polling Station Commission, who shall direct one of the Commission's members to help them. Article 98: A citizen who possesses a registration card but whose name is not on the list of voters shall not be allowed to cast a vote. Article 99: No voter shall enter a polling station other than to cast his or her ballot, except for the persons authorized by the National Election Committee. Article 100: Entering a polling station with a weapon or any type of explosive and, except by special permission the Chairman of the Polling Station, entering in military uniform shall be prohibited. The area of the polling station shall be 2000 square meters, and the security range shall be set at a distance of 200 meters from the polling station unless otherwise decided by the National Election Committee. Article 101: If a political party agent finds that the polling is irregular, he or she may object or complain to the Chairman of the Polling Station. The procedures for objection or complaint shall be determined by the regulations and procedures. The Polling Station Commission shall hear the objection or complaint. The decision of the Polling Station Commission shall be confined to matters under its jurisdiction if the polling proceeds regularly. If the party agent persists in objecting or complaining, the Polling Station Commission shall record the objection or complaint in the minutes form, which shall be co-signed by the objecting or complaining person. Article 102: After the announcement of closing of the polling, the Polling Station Commission shall record the number of voters who have cast their votes and the number of unused ballot papers, and shall arrange the counting of the ballots at the Polling Station in accordance with the regulations and procedures. If the counting of ballots at a given polling station cannot be conducted because of force majeure or insecurity, the National Election Committee shall issue directives regarding this. National observers and political party agents may participate in the ballot counting. Article 103: The Polling Station Commission shall be responsible for the ballot counting. Before opening ballot boxes, the Chairman shall invite members of the polling station, political party agents, and observers to check the seals, and then shall open the boxes in their presence. Article 104: The Polling Station Commission shall count only the ballot papers that have been placed in the ballot boxes, and shall verify the number of votes with that of voters who cast their ballots as indicated on the list of voters. Where the numbers of ballot papers in the ballot boxes differs with that of voters indicated, the Chairman of the Polling Station Commission shall arrange a recount. If the numbers still differ, the Chairman of the Polling Station Commission shall note the fact in the minutes form. Then, the Chairman of the Polling Station Commission shall arrange a ballot count in accordance with the regulations and procedures. Article 105: Any ballot paper issued by the Polling Station Commission which has a mark against only one political party shall be deemed valid unless:
In respect of point 1, 2, 3, and 4 above the validity of the ballot paper shall be determined in accordance with the regulations and procedures. Article 106: After the ballot count has been finished, the Polling Station Commission shall prepare two copies of minutes regarding the ballot count; one of which shall be sent to the Commune Electoral Commission by enclosing the list of voters, valid and invalid ballot papers, unused ballot papers, records of objections or complaints, if any, and other documents; and another copy of these documents shall be posted at the polling station. The valid and invalid ballot papers, unused ballot papers and records of objections or complaints shall be packed in a separate, supplied envelope. The Chairman and members of the Polling Station Commission shall sign the minutes of the ballot count. The minutes may be signed by representatives of political parties as witnesses. Article 107: The minutes of the ballot count shall be delivered and received in accordance with the regulations and procedures. Article 108: Political party representatives and national and international observers may participate as witnesses in the delivery or receipt of the minutes of the polling. Article 109: The Commune Electoral Commission shall collect all minutes and other documents from the Polling Station Commission and deliver them to the Provincial/Municipal Electoral Commission. Article 110: The Provincial/Municipal Commission shall collect all minutes from the Commune Electoral Commission and prepare consolidated minutes of polling results in the province or municipality concerned. There shall be three copies of the consolidated minutes; one of which shall be sent to the National Election Committee, enclosing the lists of voters, valid and invalid ballot papers, unused ballot papers, the record of objections or complaints, if any, and other documents; another copy shall be posted at the office of the Provincial/Municipal Electoral Commission and the last copy shall be retained for the Commission's files. Article 111: If there is a complaint against the result of the election or against serious irregularities, the Province Municipal Electoral Commission shall examine the complaint and shall immediately refer it to the National Election Committee by enclosing the consolidated minutes of the polling results in order for the National Election Committee to examine and determine whether to validate the results or to organize a new election. A new election shall be organized within eight (8) days of the National Election Committee’s decision. Article 112: The National Election Committee shall collect and check all polling results and decide on the results. If there have been no serious irregularities, the National Election Committee shall announce its recognition of the election results. If there are serious irregularities that affect the results of the election, the National Election Committee shall refuse to recognize the results at the polling station or stations concerned and inform the political parties accordingly. In these cases, a new election shall be organized for such polling station or stations within eight (8) days of the decision. Article 113: After checking and deciding the results of the election, the National Election Committee shall publish the provisional result. A copy of the provisional result shall be sent to the King and another copy to the Constitutional Council. A political party that has been registered for participation in the election shall be entitled to request a copy a of the provisional result. Article 114: After the announcement of the provisional result of the election, a political party that has been registered for participation in the election may file a complaint against all or part of the results of the election directly either to the National Election Committee or the Constitutional Council by indicating irregularities caused by Commission or members of Commissions, the date and place of irregularities, the names addresses of witnesses, and other documents or evidence. Article 115: The National Election Committee shall rule on a complaint within forty-eight (48) hours of its receipt. If the National Election Committee rejects the complaint, it shall:
Article 116: If it finds that the complaint has reasonable grounds, the National Election Committee shall hold a public hearing to decide the complaint. In this case, the National Election Committee shall publicize the date and place of the hearing and so inform the complaining person and/or the political party and the Constitutional Council. The complaining person and/or the political party and a member of the Electoral Commission(s) involved in the case shall be present at the hearing. If the National Election Committee upholds the complaint, it shall:
If the National Election Committee rejects the complaint, it shall:
Article 117: Any person and/or political party whose complaint is rejected by the National Election Committee shall be entitled to make a written appeal to the Constitutional Council within forty-eight (48) hours of notification of the rejection. The decision of the Constitutional Council shall be final. If the Constitutional Council rejects the complaint, it shall:
If it finds that the complaint has reasonable grounds, the Constitutional Council shall, at its discretion, hold a public hearing to examine and decide on the complaint within ten (10) days of its receipt. If the Constitutional Council upholds the complaint, it shall:
Article 118: After having resolved all complaints and received all results of the election, including results from new polls, if any, the National Election Committee shall make public the official results of the election and determine and allocate seats from each constituency to each political party. Remaining seat(s) for a constituency shall be allocated in accordance with the greatest average formula. The name(s) of the elected candidate(s) shall correspond to the list referred to in article 38 of this Law. If an elected candidate dies, resigns, or loses membership in the National Assembly, the next candidate on the same list of candidates for election shall be declared elected. Article 119: The period allowed for lodging and resolving complaints as stipulated in Chapters Four, Six, and Eight of this Law shall not include official holidays. CHAPTER
NINE REPLACEMENT OF MEMBERS OF THE NATIONAL ASSEMBLY Article 120: In the event of the death, resignation, or loss of membership in the National Assembly of an elected candidate that occurs at least six (6) months before the end of the legislative term, a political party concerned may propose an appointment of a replacement whose name appears next to the former on the same list, without holding a by-election. A candidate who resigns from his or her party shall automatically lose his or her membership in the National Assembly. If the resignation occurs at least six months before the end legislative term, the political party concerned may propose an appointment of a replacement that shall be made in accordance with provision of the First Paragraph of this Article. CHAPTER
TEN BUDGET Article 121: Subject to the Law on Finance, a special account of the National Treasury, called the Trust Fund Account for Elections, shall be established for the benefit of the National Election Committee in its electoral management. Electoral funds obtained from contributions from the Royal Government, foreign governments, international organizations, charitable individuals, non-governmental organizations, and any other legal revenue shall be included in the national budget to be credited to this special account. Some kinds of foreign financing for electoral purposes may be made without passing through the National Treasury. CHAPTER ELEVEN PENALTIES Article 122: Regardless of any possible criminal penalty, a registration agent who commits any of the following violations shall be reprimanded or dismissed by the National Election Committee:
Article 123: The National Election Committee shall cancel the candidacy of any person who violates Articles 33 or 34 of this Law, or who:
Regardless of any possible criminal penalty, the violator shall have his or her registration card confiscated, his or her name deleted from the list of political parties participating in the election, and in the case of a candidate, his or her candidacy canceled by the National Election Committee, and/or shall be fined from five million (5,000,000) to twenty–five million (25,000,000) riel. Article 125: Regardless of any possible criminal penalty, any Member of the National Election Committee or of Provincial/Municipal, Commune, or Polling Station Electoral Commissions who falsifies or fabricates any electoral document or ballot papers or uses any other means to falsify the election result shall be fined and/or have his or her name deleted from the list of voters and his or her registration card withdrawn for a period of five (5) years. Article 126: Any agent, member, or staff member of the National Election Committee, or agent, member, or staff member of an Electoral Commission who violates provisions of the Second Paragraph of Article 12 of this Law shall be fined from ten million (10,000,000) to fifty million (50,000,000) riel and/or be dismissed from electoral jobs forever. Article 127: Any person who violates Articles 55 or 100 of this Law shall face a warning. If he or she fails to comply with the warning, he or she shall be arrested and have his or her weapon confiscated for 48 hours by the competent authorities and shall be fined from five million (5,000,000) to ten million (10,000,000) riel. If the violator is a civil servant or member of the military forces or police, the National Election Committee shall:
If the violator is an agent, member, or staff member of the National Election Committee or of the Provincial/Municipal, Commune, or Polling Station Electoral Commission, the National Election Committee, in addition to disciplinary sanctions provided for in the First Paragraph of this Article, shall immediately bar him or her from further employment with the National Election Committee or with the Provincial/ Municipal, Commune, or Polling Station Electoral Commission for ten (10) years, starting from the current election. Article 128: Any government official or person in charge of security who violates Article 29 of this Law shall have his or her registration card confiscated and name deleted from the list of voters for a period of five (5) years by the National Election Committee and the National Election Committee shall request the head of his or her institution to impose administrative and disciplinary sanctions on him or her ranging from suspension without pay to dismissal. Article 129: Any person who directs, induces or deceives another to vote for a particular political party though indicating or other means during the polling shall be fined five million (5,000,000) to ten million (10,000,000) riel and/or shall have their name deleted from the list of voters and their registration card confiscated for a period of five (5) years. If the offender is an agent, staff member, or member of the National Election Committee or Provincial/Municipal, Commune, or Polling Station Electoral Commission, the National Election Committee shall immediately dismiss and bar him or her from further employment with Electoral Commissions at all levels for ten (10) years starting from the current election. If the offender is a candidate for the election, his or her candidacy shall be withdrawn. In addition, penalties shall be imposed in accordance with the provisions of the Second Paragraph of this Article. Article 130: Any person who causes
regardless of any possible criminal penalty, shall be fined from ten million (10,000,000) to twenty-five million (25,000,000) riel and/or have their name deleted from the list of voters and their registration card confiscated for a period of five (5) years. If the offender is an agent, staff member, or member of the National Election Committee or Electoral Commission at any level, the National Election Committee shall immediately dismiss and bar him or her from further employment with any Electoral Commission at all levels for ten (10) years starting from the current election. If the offender is a candidate for election, the National Election Committee shall cancel his or her candidacy. In addition, penalties may be imposed as provided for in the Second Paragraph of this Article. Article 131: Any person or political party who violates Article 73 or 76 of this Law, regardless of any possible criminal penalty, shall be fined from five million (5,000,000) to ten million (10,000,000) riel and/or have his or her registration card confiscated for 5 years, and his or her name deleted from the list of voters. Article 132: A warning shall be made to any person who violates Article 77 or the Second Paragraph of Article 78 of this Law. In case of failure to comply with the warning, the person concerned shall:
Article 133:
A warning shall be made to any person who violates Article 72 of this Law. In case of failure to comply with the warning, the person concerned shall have his or her registration card confiscated for a period of 5 years, his or her candidacy or candidacy of the political party withdrawn, and/or shall be fined from five million (5,000,000) to ten million (10,000,000) riel. CHAPTER TWELVE TRANSITIONAL PROVISIONS Article 134:
The election of the members of the National Assembly for the Second Legislative Term shall be held on Sunday, July 26, 1998. Article 135:
For purpose of the election on Sunday the 26th of July 1998, once this Law comes into force, the number of seats in the National Assembly shall be 122. This number of seats shall be immediately made public. Article 136:
For purposes of the election on Sunday the 26th of July 1998, once this Law comes into force, the Chairman, Vice-Chairman, and Members of the National Election Committee shall be immediately appointed by Royal Decree upon nomination by the Council of Ministers and after approval by the National Assembly. The Minister of the Interior shall immediately submit the proposed composition of the National Election Committee to the Council of Ministers. Article 137: For purposes of the election on Sunday the 26th of July 1998, once this Law comes into force, Khmer citizen who meets requirements 1, 2, 3, and 5 of Article 33 of this Law and who has permanently stayed in the Kingdom of Cambodia for at least one (1) month up until the start of registration shall have the right to stand for election as a member of the National Assembly. CHAPTER THIRTEEN FINAL PROVISIONS Article 138:
Any provision that is in conflict with the provisions of this Law shall be abrogated. Article 139:
This Law shall be immediately promulgated. Enacted on the 26th day of December in the year 1997 by His or her Majesty NORODOM Sihanouk, Kingdom of Cambodia. Co-Ministers of Interior Co-Prime Ministers SAR Kheng YOU Hickry UNG Huot HUN Sen. Registered and published on 30 December 1997. Addendum
I The
Law on the Election of the Members of the National Assembly
Article 1:
Article 137 (2): For the purposes of the election on Sunday the 26th of July 1998, the date, duration and requirement as determined in articles 33, 37, 38, 48, 64, 65, 66 and article 137 of the Law on the Election of the Members of the National Assembly shall be amended as determined in Annex "A" and Annex "B" as attached herewith. This law is passed by the National Assembly of the Kingdom of Cambodia on March 31, 1998 during its debate of the first convocation of the eighth session. Acting President of the National Assembly Loy Sim Chheang. ANNEX
"A": Calendar for Sunday 26 July 1998 Election
of the Members of the National
Assembly
Establishment of Registration Stations 20 April 1998 ANNEX
"B": For Purpose of the Election of the Members of the National Assembly on Sunday the 26th of July 1998: Once this law is enacted, any person, who wishes to stand as a candidate for the election of the members of the National Assembly, is entitled to temporarily register as a candidate disregarding his or her registration card. Once registered, the person concerned shall transmit its registration card number to the National Election Committee not later than fifteen (15) days after the close of the registration of electors of his or her respective registration station, in order to validate his or her candidacy. The requirement of permanent residence of candidates for one year or one month as determined in paragraph 4 of article 33 and article 137 of the Law on the Election of the Members of the National Assembly is waived. The end of registration of parties and candidates to participate in the Election of the Members of the National Assembly shall be no later than eighty (80) days before polling day. AFTER THE POSTING OF THE PRELIMINARY REGISTER OF ELECTORS: Objections or complaints shall be lodged within three (3) days. The CEC shall rule on such an objection or complaint not later than one (1) day of receipt of the objections. In the event the appellant is not satisfied with the decision of the CEC, the person concerned or his or her representative may appeal in writing against such a decision to the PEC no later than three (3) days of receipt of notification of the CEC. The PEC shall rule on such an appeal or objection within five (5) days of receipt of the appeal. In the event the appellant is not satisfied with the decision of the PEC, the person concerned or his or her representative may appeal in writing to the NEC no later than three (3) days after receipt of notification of the PEC. The NEC shall rule on such an appeal or objection within five (5) days of receipt of the appeal. In the event the appellant is not satisfied with the decision of the NEC, he or she or his or her representative may appeal in writing to the Constitutional Council not later than two (2) days of receipt of notification of the NEC. The Constitutional Council shall decide on this appeal or objection no later than five (5) days of receipt of the complaint. Addendum
II The
Law on the Election of the Members of the National Assembly
Article 1: Article
137(bis):
For the election on Sunday, July 26, 1998, due to technical reasons, the date, duration and conditions as determined in articles 37, 48, 58, 61, 62, 63, 137 and article 137(bis) of the 1st Addendum of the Law on the Election of the Members of the National Assembly shall be amended as determined in ANNEX "C" attached herewith, and the date, duration and requirement determined in ANNEX "A" and ANNEX "C" may be modified by the National Election Committee "N.E.C." in accordance with specific technical reasons. This law is passed by the National Assembly of the Kingdom of Cambodia on 5th May 1998, during its 8th Session of the 1st Legislature. Phnom Penh, ---- May 1998. President of the National Assembly ANNEX
"C": Part of Previous Amendment of Article 137 of the Law on the Election of the Members of the National Assembly: Article 37 (5):
In the event of the death of a candidate or a candidacy being withdrawn because of a rejection of candidacy in the election of the members of the National Assembly, this candidate shall be replaced with the alternate whose name appears next to the former on the list of alternates. In the absence of alternate, the party shall submit to the National Election Committee the name of a new candidate not later than three (3) days after the withdrawal of candidacy. Article 48 (2) Added: For the election of the members of the National Assembly on the Sunday July 26, 1998, the National Election Committee shall publish the preliminary register of electors at least thirty (30) days before the polling day. The official register of electors shall be immediately published once all appeals or objections have been finalized. Article 58 Added: For the election of the members of the National Assembly on Sunday, July 26, 1998, the period of seven (7) days is reduced to five (5) days. Article 61 Added: For the election of the members of the National Assembly on Sunday, July 26, 1998, the period of seven (7) days is reduced to five (5) days. Article 62 Added:
For the election of the members of the National Assembly on Sunday, July 26, 1998, the period of ten (10) days is reduced to five (5) days. Article 63 Replaced: For the election of the members of the National Assembly on Sunday, July 26, 1998, the words "as soon as possible after the end of the registration period" are replaced by "at least thirty (30) days before polling day." |
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