Chapter one: ELECTION OF THE PRESIDENT OF THE REPUBLIC

Article 22 -Candidatures for the Presidency of the Republic shall be lodged in accordance with the forms and the time-limits set out in the ordinance relative to the organic law on the election procedure at the General Secretariat of the Constitutional Council against the delivery of a receipt of acknowledgement  (4).

Article 22 bis - In case of death of the candidate or of legal prevention, provisions of  article 161 of the ordinance relative to the organic law on the election procedure shall be implemented  (5).

Article 23 - The President of the Constitutional Council appoints among members of the Council one or many rapporteurs for enquiring into the files of each candidate in accordance with the legislative and constitutional provisions relative to this matter(2).

Article 24 - The Constitutional Council examines the report in a closed door meeting and decides on the validity of the candidatures  (2).

Article 25 - The list of candidates agreed upon by the Constitutional Council within the period set out in the ordinance relative to the election procedure, shall be sent to candidates.

It shall be transmitted to all authorities concerned. It shall also be sent to the Secretary General of the Government for publication in the Journal Officiel of the People’s Democratic Republic of Algeria  (6).

Article 26 - The Constitutional Council shall announce the results of the election in accordance with the ordinance relative to the organic law concerning  the election procedure.

The Constitutional Council shall if necessary, nominate the two candidates who will   take part in the second round of the election.

In case of death, withdrawal or impediment  of the two candidates in the second round, the provisions of paragraph 3 and 4 of article 163 of the ordinance relative to the organic law on the election procedure shall be implemented.

The Constitutional Council proclaims the final  results of the election  (4).

Article 26 bis - Any candidate for president of the Republic shall submit his election campaign account to the Constitutional Council within a maximum period of three (03) months as from the date of the proclamation of  the final results of the vote and in conformity  with the terms and the modalities set out in article 191 of the ordinance relative to the organic law concerning the electoral procedure.

The Constitutional Council examines the election campaign account and notifies the concerned  candidate of  its decision  (5).

Article 27 - Appeals  relative to electoral operations shall be examined by the Constitutional Council in conformity with the provisions of the ordinance relative to the organic law concerning the electoral procedure  (6).

Article 28 - Claims duly signed by their authors shall bear the names, forenames, addresses and capacity as well as a summary of  the facts and means justifying the claim.
The claims shall be recorded in the General Secretariat of the Constitutional Council  (3).

Article 29 - The President of the Constitutional Council shall appoint one or many rapporteurs among members of the Council, in charge of examining the claims, and submitting to the Council a report and a draft decision within the  period set out in the ordinance relative to the electoral law concerning the electoral procedure for the settlement of contentious matters  (6).

Article 30 - the rapporteur shall hear any person and require the submission to the Constitutional Council of any document related to electoral operations at the end of the preliminary examination of the appeals.

The president convenes the Constitutional Council and rules in closed doors within the time-limits set out in the ordinance relative to the organic law concerning the electoral procedure on the admissibility and the cogency of these appeals  (6).

Article 31 - The decision of the Constitutional Council is notified to the concerned.

CHAPITER II : ON THE ELECTION OF MEMBERS OF PARLIAMENT (**)

Article 32 - The Constitutional Council receives the minutes gathering the results of the elections to the People’s National Assembly, elaborated by county electoral commissions and those elaborated by county electoral commissions of residents abroad,established on the occasion of the elections to the People’s National Assembly.

It also receives the minutes of results of the elections of  members of the Nation’s Council.

The Constitutional Council shall examine the content of the above mentioned minutes and shall proclaim the final results of the vote, in implementation of the provisions of articles 117, 118, 146 and 147 of the ordinance relative to the organic Iaw concerning the electoral procedure (5).

Article 33 - The distribution of seats among lists for the election of members of the People’s National Assembly is done in conformity with the provisions set out in articles 101 to 105 of the ordinance relative to the organic law concerning the electoral procedure .

For the election of members of the Nation’s Council, the distribution of seats is done among candidates who have obtained the largest number of votes according to the number  of seats to be filled in conformity  with article 147 of the ordinance relative to the organic law concerning the electoral procedure (5).

Article 34 - Any candidate or political party, taking part in the elections to the People’s National Assembly or to the Nation’s Council has the right to challenge the regularity of the voting operations through the introduction of an appeal in the clerck’s office of the Constitutional Council within  a period set out in article 148 of the ordinance relative to the organic law on the electoral procedure according to each case  (4).

Article 35   - The appeal must bear :

1 - The name, forename, occupation, address and signature of the appellant as well as the municipal Assembly or the county Assembly to which the appellant belongs when the election concerns the Nation’s Council.

2 - In the case of a political party, its denomination, address of its head quarters, the capacity of the appellant and a mandat wich enable it to submit the appeal.

3 - A summary of the object and the means to support the appeal and the related documents.

The appeal must be presented in two copies and in as many copies as the parties questioned  (4) .

Article 36 - The President of the Constitutional Council distributes the appeals among the different members appointed as rapporteurs.

The notification about the appeal is made by all means to the deputy whose election has been challenged, in conformity with the provisions of article 118, paragraph 2 of the ordinance relative to the organic Iaw concerning the electoral procedure  (4).

Article 37 - The Constitutional Council rules in closed doors on the merit of appeals in accordance with the terms and within the period set out in article 118 of the ordinance relative to the organic law concerning the electoral procedure in the case of the election of members of the People’s. National Assembly and in conformity with the provisions of article 149 of the said Iaw concerning members of the Nation’s Council.

If it considers the appeal well founded, it can on the basis of a motivated decision cancel the dispute election or redraft the minute of the established results and proclaim the candidate who is legaly and definitively elected in conformity with the ordinance relative to the organic Iaw concerning the electoral procedure.

The ruling of the Constitutional Council is notified, depending on the case, to the President of the People’s National Assembly or to the President of the Nation’s Council and  to the Minister of Interior and the parties concerned  (4).

Article 38 - The Constitutional Council may reject inadmissible claims or those containing complaints which do not have any determining impact on the final result of the election (2).

Article 39 - The Constitutional Council sets the results of the voting operations of legislative elections and rules on related appeals in the forms and within time-limits set out in the ordinance relative to the organic law concerning the electoral procedure and the provisions above (6).

Article 40 -  The campaign account shall be presented within two months following the  proclamation of the final results of the election to the People’s National Assembly.

The Constitutional Council rules on the campaign accounts of candidates for elections to the People’s National Assembly in accordance with the terms and modalities set out in article 191 of the ordinance relative to the organic law concerning the electoral procedure.

Accounts of elected candidates to the People’s National Assembly are submitted to the bureau of this latter (5).

CHAPTER III: CONTENTIOUS MATTERS REGARDING THE REFERENDUM

Article 41 - The constitutional Council sees to the transparency of the referendum and examines the claims in conformity with the provisions of the ordinance relative to the organic Iaw concerning the electoral procedure  (6).