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TITLE
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Chapter
1 Article 24: Candidacies for the Presidency of the Republic shall be lodged, in accordance with the conditions,the forms and time limits set out in the Ordinance bearing the organic law relating to the electoral system at the General Secretariat of the Constitutional Council. A deposit receipt shall be delivered. Article 25: In the event of death or legal impediment of a candidate, the provisions of Art. 161 of the Ordinance bearing the organic law relating to the electoral system shall apply. Article 26: The President of the Constitutional Council appoints from among the members of the Council, one or several rapporteurs to verify the files of candidates in accordance with the relevant legislative and constitutional provisions. Article 27: the Constitutional Council examines the reports behind closed doors and decides on the validity of the candidacies. Article 28: the Constitutional Council shall deliver a decision on the candidacies and shall officially proclaim such decision within the time limit set out in the Ordinance bearing the organic law relating to the electoral system.
The decision is notified to the candidates and to the authorities
concerned. The decision is conveyed to the Secretary General of the Government for publication in the Official Gazette of the People’s Democratic Republic of Algeria. Article 29: The Constitutional Council shall officially proclaim the results of the election in accordance with the Ordinance bearing the organic law relating to the electoral system. The Constitutional Council shall designate the two candidates who will stand in the second ballot of the election, if necessary. In the event of death, withdrawal, or impediment of either candidate in the second ballot, the provisions of the third and fourth paragraphs of Art. 163 of the Ordinance bearing the organic law relating to the electoral system shall apply. The
Constitutional Council proclaims
the definitive results of the election. Article 30: Any candidate for the election of the president of the Republic shall submit his election campaign account to the Constitutional Council within a maximum time limit of three (3) months as of the date of the publication of the definitive results of the vote and in conformity with the terms and conditions set out in Art. 191 of the Ordinance bearing the organic law relating to the electoral system. The
electoral campaign account shall include in particular: -
the nature and origin of duly proved receipts ; -
and the expenditures supported by written evidence. The chartered or certified accountant submits a report on the account learning his seal and signature. The Constitutional Council decides on the election campaign account and notify its decision to the concerned candidate and authorities. Article 31: Appeals relating to the electoral operations shall be examined by the Constitutional Council in conformity with the Ordinance bearing the organic law relating to the electoral system. Article
32: Claims
duly signed by their authors shall
bear the name, the forename, the address, the capacity of the claimant as
well as a summary of the facts and the means justifying the claims. The
claims shall be registered at the General Secretariat of the Constitutional
Council. Article
33: The
President of the Constitutional Council shall appoint one or several
rapporteurs from among the members of the Council to examine the claims and
submit to the Council a report and a draft decision within the time limit
set out in the Ordinance bearing the organic law relating to the electoral
system concerning the settlement of litigation. Article
34: The
rapporteur may hear any person and require the submitting to the
Constitutional Council of any document related to electoral operations. At
the end of the examination of appeals, the President shall convoke the
Constitutional Council which shall decide behind closed doors on the
admissibility and cogency of appeals within the time limits set out in the
Ordinance bearing the organic law relating to the electoral system. Article
35: The
decision of the Constitutional Council shall be notified to the parties
concerned. Article
36: the
Constitutional Council shall receive the minutes of the results of the
election for the National People’s Assembly established by the Wilaya
electoral commissions and by the electoral commissions of nationals residing
abroad. It shall also receive the minutes of the results of elections of the
Council of Nation members. The
Constitutional Council examines these minutes and establishes the final
results of the vote pursuant to the provisions of Art. 117, 118, 146, and
147 of the Ordinance bearing the organic law relating to the electoral
system. Article 37: The allotment of seats among lists in the election for the National People’s Assembly is established in conformity with the provisions set out in Art. 101 to 105 of the Ordinance bearing the organic law relating to the electoral system. Concerning the election of members of the Council of Nation, the seats shall be allotted to the candidates having obtained the largest number of votes depending on the number of seats to be filled in conformity with Art. 147 of the Ordinance bearing the organic law relating to the electoral system. Article
38: Any candidate or political party standing
in the elections for the National People’s Assembly and any candidate in
the elections for the Council of Nation has the right to challenge the
regularity of the voting operations by lodging an appeal at the clerk’s
office of the Constitutional Council within the time limit set out in Art.
118 or 148 of the Ordinance
bearing the organic law relating to the electoral system, as the case may be. Article
39: The
appeal must include the following information: 1.
the name, the forename, the occupation, the address, and the
signature of the claimant, as well as the Communal or Wilaya People’s
Assembly to which the claimant belongs if the election concerns the Council
of Nation. 2.
In the case of a political party, the denomination and the address of
its headquarters, the capacity of the lodger of the claim and the mandate
empowering him to lodge the appeal. 3.
A statement on the subject and the means substantiating the appeal,
and appended documents. The appeal shall be submitted in two copies and in as many copies as the parties challenged. Article 40: The President of the Constitutional Council shall assign the appeals to the different members appointed as rapporteurs. The appeal shall be notified by all possible means to the deputy whose election has been challenged in conformity with the provisions of the second paragraph of Art. 118 of the Ordinance bearing the organic law relating to the electoral system. Article 41: The Constitutional Council decides behind closed doors on the legal merit of appeals in accordance with the terms and time limits set out in Art. 118 of the Ordinance bearing the organic law relating to the electoral system concerning the election of members of the National People’s Assembly, and in accordance with the provisions of Art. 149 of the same Ordinance concerning the members of the Council of Nation. If it considers the appeal well-founded, it may on the basis of a motivated decision cancel the disputed election or redraft the minutes of the results and proclaim the candidate who is legally and definitively elected in accordance with the Ordinance bearing the organic law relating to the electoral system. The ruling of the Constitutional Council shall be notified, as the case may be, to the Speaker of the National People’s Assembly or to the President of the Council of Nation, as well as to the Minister of the Interior and to the parties concerned. Article 42: the Constitutional Council shall establish the results of the legislative elections and shall decide on related appeals in the forms and within the time limits set out in the Ordinance bearing the organic law relating to the electoral system and in accordance with the provisions stipulated above. Article 43: The campaign accounts shall be submitted within two months following the publication of the results of the election for the National People’s Assembly. The
campaign accounts shall include in particular: -
the nature and origin of duly proved receipts -
the expenditures supported by written proofs The chartered or certified accountant submits a report on the account bearing his seal and signature. The Constitutional Council decides on the campaign account of candidates standing for the National People’s Assembly in accordance with the terms and conditions set out in Art. 191 of the Ordinance bearing the organic law relating to the electoral system. The accounts of the candidates elected to the National People’s Assembly shall be sent to the Bureau of this Assembly. Chapter
3 Article 44: the Constitutional Council ensures the regularity of referendums and examines the claims in accordance with the provisions of the Ordinance bearing the organic law relating to the electoral system. Article 45: claims shall bear the name, the forename, the address and the capacity, as well as a summary of arguments and means substantiating the claims Claims shall be registered at the General Secretariat of the Constitutional Council. Article 46: As soon as the reports are received in the forms and time limits provided for in Article 171 of the Ordinance bearing the organic law relating to the electoral system, the President of the Constitutional Council appoints one or several rapporteurs. Article 47: The Constitutional Council shall decide on the regularity of voting operations and related claims within the time limit set out in Article 171 of the Ordinance bearing the organic law relating to the electoral system. Article 48: The Constitutional Council shall officially proclaim the definitive results of the referendum within the time limit set out in Article 171 of the Ordinance bearing the organic law relating to the electoral system.
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