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Draft proposed amendments to the draft law of the National Elections Commission

 

 Draft proposed amendments to  Project Law of the National Elections Commission 

 Lead it

Public Policy Analysis and Human Rights Unit

Affiliate Foundation

Maat for Peace, Development and Human Rights (Egypt)

Under a project

The Universal Periodic Review as a Tool to Improve Public Policies during the Transition

March 2017

 

 

“This release was implemented with the help of the European Union. The content of this publication is the responsibility of the Maat Foundation for Peace, Development and Human Rights and can in no way be considered a reflection of the vision of the European Union.

 

Subject The text is according to what is published by the House of Representatives Subject Text after modification

Definitions

Article (1) In implementing the provisions of this law, the following words and expressions have the meaning indicated next to each of them:

• The Commission: The National Elections Commission.

• The Board: The Board of Directors of the National Elections Authority.

President: President of the National Elections Commission.

• The Agency: the permanent executive body of the National Elections Commission.

• Executive Director: President of the permanent executive body of the National Elections Authority.

• Committees: The electoral committees formed by the Commission to manage the electoral process in accordance with the provisions of this law.

• Members: Chairmen and members of the committees

Article (1)

Rate

In implementing the provisions of this law, the following words and expressions have the meaning indicated next to each of them:

• The Commission: The National Elections Commission.

• The Board: The Board of Directors of the National Elections Authority.

President: President of the National Elections Commission.

• The Agency: the permanent executive body of the National Elections Commission.

• Executive Director: President of the permanent executive body of the National Elections Authority.

• Committees: The electoral committees formed by the Commission to manage the electoral process in accordance with the provisions of this law.

• Members: Chairmen and members of the committees

Voter: Every Egyptian citizen has the right to vote in accordance with the provisions of this law.

• The Candidate: The voter whose candidacy application for the elections has been accepted in accordance with the provisions of the Constitution and the relevant laws.

Chapter One Establishment of the Authority and the formation and representation of the Board of Directors
Article (2)

 

An independent body called the “National Elections Commission” shall be established, which shall have legal personality, enjoy technical, financial and administrative independence, and shall be specialized - exclusively - to administer referendums, presidential, parliamentary and local elections, in the manner organized by this law in complete independence and complete impartiality. In its business or jurisdiction. Its main headquarters shall be in Greater Cairo, and it may, when necessary, hold its meetings in any other city it specifies, and it is permissible, upon a decision by the Authority’s Chairman, after approval by its Board of Directors, to establish its departments inside or outside the country. Article (2)

Modified

An independent body called the “National Elections Commission” shall be established. It shall have legal personality, enjoy technical, financial and administrative independence. In this capacity it has the ownership of movable and immovable funds and performs all the legal actions necessary to achieve its objectives. It has the right to litigate, and it is represented in the judicial procedures by the head of the commission or any lawyer. Assign him to this end.

B - The headquarters of the Commission shall be in the capital, and it may open branches or offices in the governorates of the Republic

It is exclusively concerned with administering referendums, presidential, parliamentary and local elections, in the manner organized by this law with complete independence and complete impartiality, and it is not permissible to interfere in its functions or competencies.

It may, when necessary, hold its meetings in any other city it specifies.

The authority's functions
Article (3)

 

The authority is exclusively competent to administer referendums and presidential, parliamentary and local elections, and to organize and supervise all processes related to it independently and impartially in the manner organized by law, and it is not permissible to interfere in its work or its functions, and it works in this framework to ensure the right to vote for every deputy, and equality between voters and candidates During the referendum or election process, and for that in particular, it has the following:

1. Issuing decisions regulating its work and implementing the electoral process in accordance with the provisions of laws and in accordance with internationally recognized principles and rules.

2. Preparing a voter database based on the national number data, updating it, cleaning it and reviewing it on an ongoing basis periodically.

3. Calling voters for referendums and elections, setting the dates for referendums or elections, and setting the timetable for each.

4. Opening the door for candidacy and specifying the necessary deadlines for completion, procedures, documents and papers required to be presented upon candidacy.

5. Receive candidacy applications, examine them, verify that they fulfill the required conditions, and notify the candidates thereof.

6. Establishing rules, procedures and mechanisms for the conduct of the referendum and elections processes in a manner that guarantees their safety, impartiality, integrity and transparency.

7. Delegating the heads and members of the committees to manage the polling and counting process in referendums and elections from among the civil servants in the state provided that they meet the same conditions that must be met by the members of the apparatus. They may seek the help of members from the judicial authorities and bodies after the approval of the Supreme Judicial Council and the special councils for each of them, according to the circumstances. .

8. Determining the headquarters and electoral centers and those in charge of them and distributing the heads and members of the committees.

9. Issuing the necessary decisions to maintain order and security during referendums and elections inside and outside the committees.

10. Laying down the rules governing the procedures for voting by Egyptians living abroad in referendums and elections in accordance with their own conditions, and determining the electoral headquarters and the number of committees abroad and those in charge of them, all with the provision of guarantees that ensure the impartiality and impartiality of the referendum and election process, in coordination with the Ministry of Foreign Affairs.

11. Determine, advertise, and monitor the controls of campaigning, financing, and electoral spending

12. Determine the start and end date of the election campaign.

13- Laying down rules governing the accreditation of observers, Egyptian and foreign media, civil society organizations, and candidates ’agents in referendums and elections, and monitoring the extent of compliance with these rules.

14. Laying down the rules governing opinion polls related to the referendum or the election, how they are conducted, dates and announcing them.

15. Enlightening and educating voters and political parties about the importance of participating in referendums and elections, their rights and duties, and they may seek the help of national councils, civil society organizations, professional and labor unions, the media, and others.

16. Establish rules and a system for determining the symbols indicating the candidates in the election, provided that this system is neutral and guarantees equality and equal opportunities.

17. Establish rules and instructions for receiving grievances, communications and complaints related to the referendum or election process and deciding on them.

18. Establish rules and procedures for preserving referendum and election papers, as well as the period for keeping and disposing of them.

19. Proposing to divide or amend departments in coordination with the concerned authorities

20. Determine the authority concerned with medical examination of the candidates

21. Preparing and announcing the final list of candidates and announcing the date and procedures for relinquishing candidacy.

22. Establish rules and procedures for notifying applicants for candidacy of the decisions issued by the Authority.

23. Expressing opinion on draft laws related to referendums, presidential, parliamentary and local elections.

24. Announcing the results of referendums and elections.

The Commission may decide and regulate the use of secured electronic means of communication, voting, and preservation in all or some of the stages of conducting referendums and elections, and it may seek the assistance of whomever it deems appropriate from those with experience and competence to carry out its work in this regard, provided that they are independent and impartial.

Article (3)

Modified

 

The authority is exclusively competent to administer referendums and presidential, parliamentary and local elections, and to organize and supervise all processes related to it independently and impartially in the manner organized by law, and it is not permissible to interfere in its work or its functions, and it works in this framework to ensure the right to vote for every deputy, and equality between voters and candidates During the referendum or election process, and for that in particular, it has the following:

1. Expressing opinion on laws regulating its work and organizing the conduct of elections and public referendums

2. The issuance of decisions regulating its work and the implementation of the electoral process in accordance with the provisions of laws and in accordance with internationally recognized principles and rules.

3. Preparing the voter database based on the national number data, updating it, cleaning it and reviewing it on an ongoing basis periodically.

4. Calling voters for referendums and elections, setting the dates for referendums or elections, and setting the timetable for each.

5. Opening the door for candidacy and specifying the necessary deadlines for completion, procedures, documents and papers required to be presented upon candidacy.

6. Receive candidacy applications, examine them, verify that they fulfill the required conditions, and notify the candidates thereof.

7. Establishing rules, procedures and mechanisms for the conduct of the referendum and elections processes in a manner that guarantees their safety, impartiality, integrity and transparency.

8. Delegating the heads and members of the committees to manage the polling and counting process in referendums and elections from among the civil servants in the country provided that they meet the same conditions that must be met by the members of the apparatus. They may seek the assistance of members from the judicial authorities and bodies after the approval of the Supreme Judicial Council and the special councils for each of them, according to the circumstances. .

9. Determine the headquarters and electoral centers and those in charge of them, and distribute the heads and members of the committees.

10. Issuing the necessary decisions to maintain order and security during referendums and elections inside and outside the committees.

11- Laying down the rules governing the procedures for voting by Egyptians living abroad in referendums and elections in accordance with their own circumstances, and determining the electoral headquarters and the number of committees abroad and those in charge of them, all with the provision of guarantees that ensure the impartiality and impartiality of the referendum and election process, in coordination with the Ministry of Foreign Affairs.

12. Determine, advertise, and monitor the controls of campaigning, financing, and electoral spending.

13. Control and monitor the provision of gifts and in-kind or material gifts that are used to influence the voters.

14. Determine the start and end date of the election campaign.

15. Laying down rules governing the accreditation of observers, the media, Egyptian and foreign civil society organizations and candidates' agents in referendums and elections, and monitoring the extent of compliance with these rules.

16. Laying down the rules governing opinion polls related to the referendum or the election, how they are conducted, dates and announcing them.

17. Enlightening and educating voters and political parties about the importance of participating in referendums and elections, their rights and duties, and they may seek the help of national councils, civil society organizations, professional and labor unions, the media, and others.

18. Take into account ensuring that persons with disabilities enjoy their right to participate in the polling, by providing them with easy and easy procedures and overcoming the material obstacles that may prevent this in the polling stations.

19. Establish rules and a system for determining the symbols indicating the candidates in the election, provided that this system is neutral and guarantees equality and equal opportunities.

20. Establish rules and instructions for receiving grievances, communications and complaints related to the referendum or election process and deciding on them.

21. Setting rules and procedures for preserving referendum and election papers, as well as for the duration of their preservation and disposal.

22. Proposing to divide or amend departments in coordination with the concerned authorities

23. Determine the authority responsible for medical examination of the candidates

24. Preparing and announcing the final list of candidates and announcing the date and procedures for relinquishing candidacy.

25. Establish rules and procedures for notifying applicants for candidacy of the decisions issued by the Authority.

26. Expressing opinion on draft laws related to referendums, presidential, parliamentary and local elections.

27. Announcing the results of referendums and elections.

The Commission may decide and regulate the use of secured electronic means of communication, voting and archiving in all or some of the stages of conducting referendums and elections, and it may seek the help of experienced and competent persons it deems appropriate to carry out its work in this regard, provided that they are independent and impartial.

    Matter

Created

 

The Commission’s Board shall have the authority to approve material penalties and fines in the event of violating the regulations governing operations, in relation to the volume of propaganda spending, breaching the silence, electoral bribes, cases of fraud by candidates or voters, in cases that the Commission is reassured of its occurrence without prejudice to the right of the judiciary to decide on the dispute in reality Between the body and the party subject to the penalty.
    Matter

Created

Ministries, all government institutions, official and public institutions are obligated to provide all kinds of support and assistance requested by the authority to enable it to carry out the tasks and responsibilities entrusted to it in accordance with the provisions of this law and other applicable legislation, including providing it with any information and documents it deems necessary.

In coordination with the relevant ministries and authorities, the Commission shall also adopt a security plan to ensure the smooth running of the electoral process, the electoral headquarters, and the polling and counting centers, and to maintain the security and safety of voters, candidates, observers and all those in charge of it.

Body composition
Article (4)

 

The Authority's organizational structure consists of:

a. The Authority’s Board of Directors.

B. The permanent executive body of the Authority.

The Authority shall have an organizational structure in which a decision is issued by the Board after consulting the Central Agency for Organization and Administration

 

Article 4

Modified

 

The Authority's organizational structure consists of:

a. The Authority’s Board of Directors.

B. The permanent executive body of the Authority.

The authority shall have an organizational structure in which a decision is issued by the board without being bound by governmental structures and procedures in this regard.

Article 5 The council is composed of 10 members equally between the deputies of the president of the Court of Cassation, the presidents of the courts of appeal, the vice-presidents of the State Council, the deputies of the President of the State Litigation Authority and the deputies of the President of the Administrative Prosecution Authority, chosen by the President of the Supreme Judicial Council and the special councils of the advanced judicial bodies and bodies according to the case, who are not members of these councils. The remaining period for any of them to reach the retirement age should not be less than 6 years upon their assignment, and a decision is issued to appoint them by the President of the Republic, and the Commission is headed by the most senior members of the Court of Cassation and represents it before the judiciary and its links with others and has the powers and competencies prescribed for the competent minister and the Minister of Finance in accordance with the laws and regulations.

 

Article (5)

 

Keep as it is
Article 6

 

The appointment of the members of the Council shall be by means of a total delegation for a single term of 6 years, which is not renewable.

In the event that any of the members of the council has an impediment to completing his term of membership, the body or the judicial body, according to the case, chooses who will replace him, provided that he completes the remaining period of membership in the council

The delegation of half of the members of the Council is renewed every 3 years, and the Council determines the names of the members whose term of delegation expires at the expiration of the first 3 years through a lottery conducted by the Chairman between each member of a judicial body or body no later than 3 months before the expiration of the 3 years, and the number of Council members is completed by the same The procedures stipulated in the first paragraph of Article 5.

Article 6

 

Keep as it is
Article 7 The board that controls the affairs of the authority and disposes of its funds, develops and implements the necessary policies to achieve its goals and objectives, and for this in particular it has the following: -

1. Issuing internal decisions and regulations related to the Authority’s financial, administrative and technical affairs without being bound by governmental rules.

2. Laying down the regulations governing the authority’s personnel affairs.

3. Approval of the annual draft budget and the authority’s final account.

4. Suggesting the conclusion of agreements that fall within the scope of the Authority’s work after consulting the relevant ministries and cooperating with specialized international organizations and bodies working in the Authority’s field.

5. Holding conferences, seminars and seminars related to conducting the referendum and election

6. Cooperating with research centers and specialized institutes to serve the Authority’s purposes

7. Supervising the members and committees during the voting and counting process in the referendum and election.

8. Setting the rules and instructions for polling and counting and distributing them to the chairmen and members of the general and subsidiary committees before the date of the referendum and election in sufficient time to work accordingly.

9. Issuing a final, detailed report on every referendum or election process in all its stages, the summary of which will be published in the Official Gazette, provided it is submitted to the President of the Republic, the Speaker of Parliament and the Prime Minister

10. Preparing and issuing an annual report on the Commission’s activities and work, to be sent to the President of the Republic, the Speaker of Parliament and the Prime Minister for information

11. Examining the periodic reports submitted to him by the Executive Director

12. Laying down the rules for campaigning, financing, and electoral spending, announcing and controlling them, controlling violators, and informing the competent authorities thereof.

13. Examining all matters that the council chairman or one of the council’s members present to the council that falls within his competence.

 

Article 7

Modified

 

The Board is responsible for the Authority’s affairs, disposing of its funds, and developing and implementing the necessary policies to achieve its objectives and goals. For this in particular, it has the following:

1- Issuing internal decisions and regulations related to the Authority’s financial, administrative and technical affairs without being bound by government rules.

2- Setting the regulations governing the authority’s personnel affairs.

3- Approving the annual draft budget and the Authority’s final account.

4- Proposing the conclusion of agreements that fall within the scope of the Authority’s work after consulting the relevant ministries and cooperating with specialized international organizations and bodies working in the Authority’s field

5- Holding conferences, seminars and seminars related to conducting the referendum and election

6- Cooperating with research centers, specialized institutes and civil society organizations to serve the objectives of the authority

7- Appointing the academic executive management of the Authority’s Institute of Studies and Training

8- Supervising the members and committees during the voting and counting process in the referendum and election.

9- Setting the rules and instructions for polling and counting and distributing them to the chairmen and members of the general and subsidiary committees before the date of the referendum and election in sufficient time to act accordingly.

10- Issuing a detailed final report on every process by referendum or election in all its stages, the summary of which will be published in the Official Gazette, provided it is submitted to the President of the Republic, the Speaker of Parliament and the Prime Minister

11- Preparing and issuing an annual report on the activities and work of the Commission, to be sent to the President of the Republic, the Speaker of Parliament and the Prime Minister for information.

12- Considering the periodic reports submitted to him by the Executive Director

13- Laying down rules for campaigning, financing, and electoral spending, announcing and monitoring them, controlling violators, and informing the competent authorities thereof.

14- Facilitating the participation of legally registered civil society organizations, whether local or international, in monitoring elections and referendums

15 - Examining all matters that the council chairman or one of the council members would submit to the council regarding issues that fall within his competence.

    Matter

Created

 

- The authority shall establish an affiliated institute for training and capacity building of election dealers, and graduating qualified batches to carry out supervision, monitoring and education activities. The institute is established in cooperation with an official academic institution according to the authority’s board of directors, and the institute has an independent academic executive management to be appointed by a decision of the board of directors. The Commission, as well as the provisions of the Universities Regulation Law apply to faculty members at the Institute.

- A certificate of passing the study at the institute is a necessary condition for any person who will work in supervising the electoral processes after January 2024, and members of the judiciary are excluded from this condition.

- A unit for research, documentation, and international cooperation will be established by a decision from the president of the commission, which works to continuously evaluate and develop the electoral processes and accreditation.

Article 8 The board of directors of the National Elections Authority meets at the invitation of its president at least once every month, and in the absence of the council’s president, a member of the council takes his place from among the vice-presidents of the Court of Cassation, and the council may be called to an extraordinary meeting upon a request from its president or a written request from 3 of its members. The meeting shall be valid unless at least 8 members attend, including the Chairman, and its decisions are taken by a majority of not less than 6 members.

The executive director attends the council’s meetings without having the right to vote and is in charge of the council’s secretariat. The council has the right to seek the assistance of independent public figures, specialists and experts in the field of elections as advisors to the council or to carry out specific work. They may be invited to attend the council’s meetings and participate in its deliberations without having them. The right to vote,

Article 8 Keep as it is
Article 9 All deliberations of the Council are confidential because its meetings are recorded in which these deliberations are recorded and may be recorded by electronic means.

The decisions of the Council are announced upon their issuance, and the decisions of the Council related to the elections and the referendum are published in the Official Gazette, and a complete summary of them is published in two widely circulated daily newspapers.

Article 9

 

Keep as it is
Article 10 The rules, procedures, and laws stipulated in the laws governing the presidential, parliamentary, parliamentary and local elections, as the case may be, shall apply to grievance against decisions of public committees. Article 10

 

Keep as it is
Article 11

 

The council announces only the final results nationwide by a decision issued within the 5 days following the date on which the commission receives all the papers of the general committees, and 3 days are added to this period if grievances are submitted to the commission.

The final results shall be published in the manner stipulated in Article 9 of this law within a maximum of two days from the date of their announcement

Article (11)

 

Keep as it is
Article 12

 

Any interested party can appeal the Commission’s decisions within 48 hours from the date of its announcement.

The Supreme Administrative Court adjudicates appeals against the authority’s decisions related to referendums, presidential and parliamentary elections and their results. The Administrative Court has jurisdiction to adjudicate appeals against decisions related to local elections and their results.

Appeals are submitted to the competent court in accordance with the procedures stipulated in the State Council Law

Article 12

 

Keep as it is
Article 13

 

The court decides on appeals against the authority’s decisions with a final ruling that is made within ten days from the date on which the appeal is filed, without submitting it to the state commissioners body, and the judgment shall be executed in its draft and without notification. The authority shall publish the summary of the judgment in the official gazette and in two widespread daily newspapers at the expense of the loser of the appeal Article 13 Keep as it is
The Authority's executive body
Article (14)

 

The Authority shall have an executive body that, under the supervision of the Council, directs the technical, financial and administrative affairs, and in particular the following:

1. Implementing the decisions of the Authority’s Board of Directors

2. Preparing the agenda for the Authority’s Board of Directors’s meetings

3. Preparing a database for those who may be delegated to administer polling and counting in referendums and elections, and preparing training programs for them

4. Preparing the Authority’s financial, administrative and technical organization in accordance with the laws and regulations in force and issued in this regard

5. Preparing the draft general budget and final account for presentation to the Board of Directors

6. Preparing the documents, documents, studies and research necessary for the work of the Authority

7. Coordination between the Commission and the ministries and relevant authorities to implement the recommendations and decisions of the Council

8. Drafting plans and programs related to referendums and elections, before presenting to the Board of Directors

9. Keeping and authenticating all records, documents and documents related to the work of the Authority.

Article (14)

 

Keep as it is
Article 15 The agency shall consist of an executive director and one or more vice-presidents, and a sufficient number of members. The board of directors shall set the rules for their selection from among the members of the judicial authorities and bodies, civil workers in the state, and others with experience.

The person in the agency must be experienced in referendum and election management work and not be affiliated with any current, coalition or political party.

Article 15

 

Keep as it is
Article 16 The Executive Director, his deputies, and members are appointed by a decision of the Chairman of the Authority after the approval of the Board of Directors for a period of four years, which may be renewed once. The decision includes determining their salaries and allowances. A year. Article 16

 

Keep as it is
Article 17 The executive director presides over the agency and, with the help of his deputies, supervises the work of the agency, in particular the following:

1. Managing the Authority’s financial and administrative affairs.

2. Review the studies, plans and programs presented to the Council and supervise the preparation of its agenda and minutes of its sessions.

3. Monitor and follow up the implementation of the Council’s decisions and policies and submit periodic reports on them.

4. Inform the authority’s decisions to the ministries and concerned authorities and follow up on their implementation.

5. Preparing an executive program for the council’s decisions, and according to the Commission’s work program during the referendum and election periods, and submitting it to the Council for approval.

6. Preparing the Authority’s annual draft budget, following up on its execution, preparing regular files for it and periodic reports on it.

7. Proposing the Authority’s organizational structure and human resources systems, and submitting them to the Board

8. Establishing and managing the authority’s website and modern means of communication

9. Submitting quarterly reports to the Board or whenever the need arises, including the work, tasks, and specializations it performed in order to achieve the Commission’s objectives and policies.

10. Carrying out the functions assigned to him by the council or the president of the authority.

The executive director may delegate one of his deputies to his responsibilities, and in the absence of the executive director, one of his deputies shall replace him directly with his responsibilities determined by the council

Article 17

 

Keep as it is
Article 18 Jobs in the Authority other than the Executive Director and his deputies shall be filled through appointment, delegation, transfer, secondment or promotion, all in accordance with the laws regulating civil workers in the state. Article 18

Rate

Jobs in the Authority shall be filled by someone other than the Executive Director and his deputies through appointment, delegation, transfer, secondment or promotion, all in accordance with the laws governing civil workers in the state or the Authority’s Personnel Affairs Regulations
Managing the polling and counting process
Article 19 The council issues a decision to form the general and subsidiary committees that manage polling and counting in the referendum and election, and that polling and counting in the referendum and election be run by members of the commission chosen by the council from among the state's civil servants or others in accordance with the rules it sets, and the council may seek the assistance of members of the judicial authorities and bodies . Article 19

 

Keep as it is
Article 20 The council may form committees to follow up the progress of the process in the courts of first instance in the governorates from members of judicial authorities and bodies and carry out their work under the authority's supervision Article 20

 

Keep as it is
Article 21 All state agencies are obligated to assist the authority in carrying out its functions, carrying out its tasks, and providing it with all the data, documents, information and other requirements it requests to conduct its work.

The ministries and all concerned administrative bodies in the state are also obligated, from the start of the announcement of the date of the operation, to designate representatives for them to coordinate between them and the authority in carrying out their tasks and competencies.

The authority may assign whomever it deems necessary from the administrative authorities or whomever it seeks from among the experts to conduct any research or study for a crisis to decide on what was presented to it.

The Authority may request the Public Prosecution or the Administrative Prosecution, or according to the circumstances, to conduct any investigation necessary to decide on a matter brought before it

The Public Prosecutor or the head of the Administrative Prosecution Authority shall, upon the request of the Speaker of the Council, issue an order to seize any papers, documents, documents, etc. related to the investigation, whenever it is deemed necessary to use them to decide on a matter before the Council, or if he decides to review them to ensure the integrity and safety of the referendum or Franchise.

Article 21

 

Keep as it is
Article 22 The chairman and members of the authority’s board of directors, the executive director and his deputies, the members and any of the Authority’s employees are prohibited

1. To run in any of the elections during his tenure in the commission

2. Exercising any job, profession or other work, with or without pay, during his tenure at the Authority

3. Disclosing any secrets, information or data that you obtain on the occasion of performing his work to any person or internal or external entity

4. Receive or accept any money, privileges, donations, gifts, gifts or gifts of any kind under any name because of or in connection with his work at the Authority.

5. Participating in any form of advertising campaigns.

Article 22

 

Keep as it is
Article 23 As an exception to the illegal gain law, the chairman and members of the board of directors, the executive director and his deputies are obligated to submit a financial disclosure upon their appointment and at the end of each year and upon leaving their work.

They also have to submit a declaration of their commitment not to fail to establish a case of conflict of interest stipulated in Law No. 106 of 2013 regarding the prohibition of conflict of interests of officials in the state.

Article 32

 

Keep as it is
Article 24 It is not permissible for any of the chairman or members of the council, or the head of the executive body or his deputies, to be close to one of the candidates up to the fourth degree in any elections, and in this case he must notify the council in writing to take the necessary measures in this regard, to delegate his replacement in accordance with the stipulated procedures In the law, and in this case, he is exempt from performing his duties until the elections are completed and the results are announced.

It is not permissible for the head of any general or subsidiary committee or follow-up committee or one of its members to be a relative of one of the candidates in the electoral district assigned to him up to the fourth degree. In this case, he must notify the council chairman in writing of this upon presentation of the candidacy papers to take the measures stipulated in the previous paragraph.

Article 24

 

Keep as it is
Article 25 In the event that one of the members of the judicial authorities and bodies working for the authority or delegated to it violates any of the obligations mentioned in Articles 22, 23 and 24 of this draft law, the Supreme Judicial Council and the special councils of these bodies and bodies, according to the circumstances, shall take the measures prescribed in their laws.

The employees of the authority who are not members of the judicial authorities and bodies are considered in the judgment of the public employee in the field of applying the penal code, and the legislation regulating civil workers in the state shall apply unless a special text is mentioned in the authority’s personnel regulations.

Article 25

 

Keep as it is
Article 26 The Chairman and members of the Board, the Executive Director and his deputies may not be exempted from their positions except in some cases

Submit resignation or request termination of delegation in writing

Loss of one of the conditions of validity for the position he occupies for other than health reasons

Breaching any of his job duties or performing any act that harms the higher interests of the country.

In all cases, the exemption cases stipulated in clauses (2-3) for the chairman and members of the council do not materialize except after the issuance of a decision by the Supreme Judicial Council or the special councils of the judicial authorities or bodies to which the member belongs, according to the circumstances, proving his responsibility or losing one of the conditions of authority and that. After taking the measures stipulated in its laws.

Article 26

 

Keep as it is
Article 27 It is not permissible to exempt any of the agency’s members who are not members of the judicial authorities from his job except in accordance with the provisions for disciplinary accountability stipulated in the Authority’s Personnel Affairs Regulations. Article 27

 

Keep as it is
Article 28

 

Judicial seizure status is granted in crimes stipulated in the Law Regulating the Exercise of Political Rights and any of the laws related to it during referendums and elections, to each of:

1. Chairman and members of the Authority’s Board of Directors

2. Chairman and members of the Authority’s executive body

3. Chairmen and members of general committees and heads of subcommittees in the governorates and follow-up committees.

 

Article 28

 

Keep as it is
The financial and administrative affairs of the authority and its resources
Article 29

 

The Authority's resources consist of:

a. What the state allocates for her in the general budget.

B. Any other resources that the Authority’s Board of Directors deems to be included in its resources.

Article 29

 

Keep as it is
Article 30

 

The authority shall have a special budget, which is included in the state's general budget, beginning with the fiscal year and ending with it

The state is obligated to provide the financial funds requested by the council in the event of a call for a referendum or election, and these funds fall within the commission’s budget for the fiscal year in which the referendum or election takes place.

The authority maintains regular accounts and records of revenues and expenditures prepared in accordance with the accounting principles established in this regard, and is subject to the supervision of the Central Auditing Organization

Article 30

 

Keep as it is
Article 31 The Authority’s Board of Directors shall set a bylaw to regulate financial affairs that includes rules and procedures for spending from the financial appropriations allocated to it, and a statement of the financial treatment of its members and employees. And the members of the committees stipulated in the law and all those who seek their assistance in their work. Article 31

 

Keep as it is
Bylaw regulating the authority’s personnel affairs
Article 32 The Council shall lay down a regulation to regulate the affairs of its employees, and the provisions applicable to civil workers in the state shall apply to them, unless stipulated in this bylaw.

The council is concerned with matters for which a decision must be issued by the prime minister or the competent minister, as the case may be, as well as issues in which laws and regulations require the opinion or approval of the Ministry of Finance, the Central Agency for Organization and Administration, or any other body.

 

 

Article 32 Keep as it is
General and transitional provisions

Devolution of funds to the Higher Committee for Presidential Elections and the Supreme Committee for Parliamentary Elections to the Commission

Article 33 Funds, assets, documents and papers of the Presidential Elections Commission and the Supreme Elections Commission shall devolve to the Commission, as of the date this law comes into force. Article 33

 

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Article 34 Voting and counting in referendums and elections, which take place during the ten years following the implementation of the constitution, and which end on January 7, 2024, are under the full supervision of members of the judicial authorities and bodies. Article 34

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Voting and counting in referendums and elections, which take place during the ten years following the implementation of the constitution, and which end on January 7, 2024, are under the full supervision of members of the judicial authorities and bodies.

During this period, the Commission is obliged to graduate batches of individuals who are qualified to supervise the electoral process after passing the study at the Institute.

Article 35 The term National Elections Commission shall be replaced by the terms (Supreme Elections Commission) and (Presidential Elections Commission) and the phrase (Chairman of the Commission) with the terms (Chairman of the Supreme Committee) and (President of the Presidential Elections Commission) and the term Executive Body with the term Technical Secretariat and the term Executive Director with the phrase Secretary General. And wherever it is mentioned in Law No. 22 of 2014 organizing presidential elections and the decision by Law No. 45 of 2014 in the matter of organizing the exercise of political rights and by decree Law No. 46 of 2014 regarding the promulgation of the House of Representatives law or any other law Article 35 Keep as it is
Article 36 Chapter two of each law regulating presidential elections promulgated by Law No. 22 of 2014, and the Law Regulating the Exercise of Political Rights promulgated by Law No. 45 of 2014, shall be canceled. Any provision that contradicts the provisions of this law is denied. Article 36

 

Keep as it is
    New material A member of the National Elections Commission is prohibited from holding any political or executive position until at least 5 years have passed since leaving the Commission
Article 37 This law shall be published in the Official Gazette and shall be enforced as of the day following the date of its publication Article 37 Keep as it is

 

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