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Preamble:
Whereas the Eritrean People’s liberation struggle to self-determination
was a struggle for independence and democracy
Whereas the Eritrean Constitution upholds the democratic rights of the
people of Eritrea, encourages the exercise of those rights, and calls for
the establishment of a government elected democratically through free
popular vote
Aware that there should be election laws which secure the participation of
all citizens in the first popular elections
Now therefore it hereby proclaimed as follows:
Chapter One: General Provisions
Article 1. Short Title:
This proclamation may be referred to as the “Eritrean Electoral Law
Proclamation No. -------
Article 2. Definitions
Unless the context otherwise requires, in this proclamation:
2.1 Region means an administrative region established by
proclamation no. 86/96;
2.2 Sub-region means an administrative sub-region established
by proclamation no. 86/96;
2.3 Regional electoral office means an office established by
this proclamation at the regional level;
2.4 Sub-regional electoral office means an office established
by this proclamation at the sub-regional level;
2.5 Regional court means a court established at the regional
level;
2.6 Sub-regional court means a court established at the
sub-regional level;
2.7 Supreme Court means the country’s Supreme Court
established by proclamation No. 25/92;
2.8 Election means electing a person for the National Assembly
or the regional assembly;
2.9 Constitution means the Constitution of Eritrea;
2.10 Voter means a citizen who registers to vote in accordance with this
proclamation;
2.11 Electoral area (constituency) means a constituency designated for
election purposes by this proclamation and by directives that the
electoral Commission issues;
2.12 A contestant means a person who contests for election according to
this proclamation;
2.13 Voting card means a card issued to a voter according to article 29 of
this proclamation;
2.14 Voter register means a register prepared in accordance with article
27 of this proclamation;
2.15 Regional elections officer means an officer assigned according to
this proclamation as head of the regional elections office;
2.16 Sub-regional elections officer means an officer assigned according to
this proclamation as head of the sub-regional elections office;
2.17 Election post means a voting post (ballot) established according to
article 13 of this proclamation;
2.18 Country means the State of Eritrea;
2.19 Direct election means an election in which a voter casts his vote
directly;
2.20 Indirect election means an election in which a voter casts his vote
indirectly through another voter;
Chapter Two: The Electoral Commission
The Electoral Commission
Article 3: Establishment:
Based on Article 58 of the Constitution, an independent electoral
Commission with a legal entity hereinafter referred to as “The
Commission” is hereby established by this proclamation.
Article 4: Members of the Commission
The Commission shall consist of a Commissioner, a secretary and three
members, appointed by the President with the approval of the National
Assembly.
Article 5: Powers and Duties of the Commission:
The Commission shall have the following powers and duties:
a) based on the constitution and this proclamation, conduct free and fair
popular elections, ensure that elections are conducted in an honest and
professional manner;
b) in accordance with this proclamation, establish laws and directives to
conduct elections and ensure their proper application;
c) count votes, confirm vote counts, and officially declare election
results;
d) prepare and distribute election materials and documents;
e) conduct civic education programs relating to elections;
f) registers contestants and ensure that they satisfy the election process
requirements;
g) ensures that registration is conducted properly and satisfies the
election process requirements;
h) supervises contestants’ campaigns and assures that they have equal
access to mass media;
i) provide contestants and voters with essential information and
developments related to administering, conducting and suspending
elections;
j) prepare and train the manpower needed to conduct elections;
k) carry out research and studies to strengthen and improve future
elections;
l) inspect election results, approve or cancel the results, order the
conduct of another election if it has evidence that there were frauds in
specific elections;
m) correct election irregularities and listens to complaints presented
according to this proclamation;
n) designate election areas (constituencies) at the national and regional
levels;
o) present regular reports of its activities to the National Assembly;
p) prepare documents on the electoral process at the national and regional
levels;
q) appoint regional and sub-regional elections officers;
r) conduct other activities based on the authority vested on it by this
proclamation or by other laws.
Article 6: Procedural Regulations of the Commission
6.1 The presence of more than half of the members of the Commission shall
constitute a quorum at any of its meetings
6.2 The Commission shall make decisions by majority votes; in the event of
a tie, the Chairperson shall have a casting vote
6.3 The Commission may issue directives to discharge its duties in
accordance with this proclamation
6.4 The Commission shall decide the time and place to conduct its meetings
Article 7: Powers and Duties of the Commissioner
The Commissioner:
a) shall call for and preside over the meetings of the Commission, direct
and coordinate the activities of the Commission;
b) supervise the activities of secretariat of the Commission;
c) submit to the National Assembly reports on its activities;
Article 8: Powers and Duties of the Secretary
The secretary shall:
a) be in charge in the absence of the Commissioner;
b) in consultation with the Commissioner prepare the meetings agenda;
c) serve as secretary of the Commission and prepare minutes of meetings;
d) transmit the decisions of the Commission to concerned bodies;
e) conduct the day-to-day electoral activities that have been vested to
the Commission by this proclamation;
f) prepare periodic reports on the activities of the Commission to be
presented to the National Assembly;
g) discharge such other duties as the Commissioner may assign to him.
Article 9: Powers and Duties of the Regional Election Officer
The regional election officer shall:
a) direct, coordinate and supervise regional elections;
b) direct and organize all elections offices under his jurisdiction;
c) ensure the timely supply and proper distribution of election materials
in his office and to the public;
d) ensure that necessary preparations are concluded to conduct elections;
e) supervise the proper implementation of the election process according
to this proclamation;
f) based on the directives of the electoral Commission receive complaints
that may arise during the election process and with the assistance of a
committee investigate the complaints;
g) prepare and present a report to the Commission on the election process
and outcome;
h) conduct research and studies to strengthen and improve the election
process and submit reports to the Commission;
i) coordinate between the activities of the Commission and the region;
j) discharge such other duties as the Commission may assign to him.
Article 10. Powers and Duties of the sub-regional election officer
The sub-regional election officer shall be accountable to the regional
election officer and shall, at the sub-regional level, have the duties and
responsibilities enumerated in article 9 of this proclamation.
Chapter Three: Election rules and Principles
Election Rules and Principles
Article 11. Election Rules
11.1 Voting shall be direct and universal
11.2 The Commission shall issue directives for Eritreans residing abroad
that are unable to vote directly, to vote indirectly;
11.3 A candidate that gets majority vote in a constituency shall win the
election
11.4 If two or more candidates win equal numbers of votes, the winner
shall be selected through a raffle.
Article 12: Election principles
12.1. Elections shall ensure and guarantee the true participation and
representation of the Eritrean people;
12.2. Elections shall be based on the principle of one-person one vote;
12.3. Eritrean citizens whose voting rights have not been denied by law
shall have the right to elect and be elected;
12.4. Thirty percent of Assembly seats shall be reserved for females.
Females shall equal rights to contest in the remaining 70 percent of
Assembly seats;
12.5. Every voter shall have two votes; one for the general Assembly seats
and one for the reserved Assembly seats.
12.6. Balloting shall be held in secret.
Chapter Four: Designation of Constituencies and election offices
Article 13: Principle
13.1. Eritrea shall be divided into constituencies for the purpose of
elections;
13.2. Every constituency shall be divided into election posts;
13.3. There shall be an election office at the sub-regional level
Article 14: Constituency
14.1 Every constituency shall consist of 25,000 dwellers or 12,000
eligible voters;
14.2 Every constituency designated for the reserved female Assembly seats
shall consist of 50,000 dwellers or 24,000 eligible voters;
14.3 When designating constituencies, the Commission shall take into
consideration the balance of ethnic participation and representation;
14.4 The Commission shall designate constituencies outside Eritrea to
ensure the effective and fair participation of the Eritrean Diaspora
Article 15: Sub-regional electoral offices
15.1 The number of sub-regional electoral offices shall be equal to the
number of sub-regions;
15.2 Sela sub-region shall be designated a special constituency
Article 16: Number of constituencies
16.1 The Commission shall determine the number of constituencies in each
sub-region;
16.2 The Commission shall declare to the public the designated
constituencies ____ months before the start of elections
Article 17: Representation of the Eritrean Diaspora
17.1 The Eritrean Diaspora shall exercise their right to elect and be
elected in the following areas, which for election purposes have been
designated, as sub-regional constituencies. Every constituency shall have
the following number of representatives in the National Assembly:
a) Sudan _________
b) Saudi Arabia _____
c) Kenya and other African countries_________
d) Middle East________
e) North America_______
f) Europe_______
g) Australia and Asia_______
17.2 A sub-region that has more than one representative shall reserve
one-third of its representation for females;
17.3 The Commission shall issue directives on the conduct of indirect
elections
Chapter Five: Registration
Article 18: Voter Requirements:
To be eligible to register as a voter a person must be:
a) Eritrean citizen;
b) 18 and above years of age;
c) sane;
d) resident of the constituency, an employee in the constituency area, or
assigned in the constituency area to perform his duties;
e) not serving a sentence by a court of law;
f) capable by law to perform his civil and political rights
Article 19: only on registration
A voter can register only once and in only one constituency
Article 20: Registration area
Registration shall be carried throughout the territory of Eritrea and for
Eritreans residing abroad registration shall be carried out in accordance
with Article 17 of this proclamation
Article 21: Registration process
21.1. Registration shall be conducted in the election post in the
sub-region where a voter resides, works, or is assigned to perform his
duty;
21.2. Eritreans living abroad shall register in areas determined by the
Commission;
21.3. Voters shall register on a voter register prepared by the
Commission;
21.4. Voters shall receive a voting card based on article 29 of this
proclamation;
21.5. Eligible Handicapped and blind voters may be escorted when
registering;
21.6. Candidates shall register in the constituency where they run for the
elections.
Article 22: Registrars
Election coordinators appointed by the Commission shall carry out
registration in each election post
Article 23: Observers
Observers appointed by the Commission, and representatives of public
organizations permitted by the Commission, shall observe the election
process
Article 24: Rights and duties of observers
24.1 Observers shall have the right to enter the balloting areas, direct
questions and collect information on the election process;
24.2 Observers shall refrain from obstructing the conduct of a proper and
effective voting process
Article 25: Voter Registration date
25.1 Voter registration shall be conducted throughout Eritrea on a date to
be decided by the Commission. Registration date shall be announced ten
days ahead through the mass media
25.2 The Commission shall decide voter registration dates for the Eritrean
Diaspora
Article 26: Renewal of voter registration date
26.1 Under acceptable special circumstances, the Commission may decide to
renew the voter registration date;
26.2 When beyond-human-capacity situations occur, the Commission shall
issue directives, in accordance with this proclamation to allow
registration of eligible voters
Article 27. Details of the voter register
The Commission shall issue a detailed voter register to be applied inside
and outside the country
Article 28. Possession of ID Card
Voter registration shall be carried out after producing an Identification
Card or a Passport
Article 29. Voter Card
A person who registers properly shall be issued a Voter Card that includes
the person’s name, birthplace, the election post, registration number,
and his signature or fingerprint.
Article 30. Closure of the voter register
30.1 At the end of registration, the voter register shall be closed,
signed, and stamped by relevant election officials;
30.2 The voter register shall be available for public inspection.
Article 31. Moving documents
Based on regulations issued by the Commission, every election post shall
transfer the voter register or a copy of the register and other relevant
documents to the sub-regional election office
Article 32. Cancellation of a registration
Courts, hospitals, and election officers have the responsibility to
immediately report to the relevant sub-regional election office reports of
a voter’s sentencing by court of law for crime committed, insanity due
to mental disorder, or death. The sub-regional election officer has also
the duty to immediately notify the regional election office and the
Commission for proper action.
Chapter Six: Naming candidates
Article 33. General Principles
33.1 A person shall not be a candidate for more than one constituency at a
time.
33.2 A supporter shall not sign his support for more than one candidate at
a time.
Article 34. Conditions for naming a candidate
34.1 With out regard to article 18 (d) of this proclamation, any person
who registers as a voter, shall be able to become a candidate provided
that:
a) during Election Day, he becomes 21 years of age or above
b) returns to normal life, if he had been declared bankrupt
c) has fulfilled his national service duties, and if a resident abroad has
fulfilled all his duties as required by law
d) the person has not worked actively with the enemy to perpetrate crimes
against the Eritrean people during the independence struggle, or has not
collaborated with foreign forces against the sovereignty and unity of
Eritrea after independence.
Article 35. Candidacy Procedures
35.1 A candidate shall present a signed support of at least 5 percent of
the residents of his constituency. The relevant administration office
shall confirm that the supporters are residents of the area, are 18 years
of age and above, and that this proclamation or other laws have not denied
them the right to elect
35.2 A Resident outside Eritrea shall also present a signed support of at
least 5 percent of his constituency. The Eritrean Embassy shall confirm
that the supporters are residents of the area, are 18 years of age and
above, and that this proclamation or other laws have not denied them the
right to elect.
Article 36. Registration of candidates
36.1 Any candidate, who has been determined eligible, shall present his
supporting documents to the sub-regional electoral office and after
registering in the candidates register shall be issued a certificate of
registration;
36.2 Registration through an agent shall not be allowed;
36.3 When registering an eligible candidate shall:
a) Deposit a non-refundable 500 Nakfa or equivalent when running for
National Assembly elections;
b) Deposit a non-refundable 100 Nakfa or equivalent when running for any
other elections
Article 37. Death or withdrawal of eligible candidates
37.1 Notwithstanding, article 35 of this proclamation, when a
candidate dies or withdraws before Election Day:
a) He shall be refunded the money he deposited for running for election;
b) Elections will continue by the remaining candidates
Article 38. Symbols of candidates
38.1 Candidates shall present their running symbols according to
directives that the Commission issues;
38.2 If necessary symbols of candidates may be printed in voting cards
and/or posters
Article 39. Introducing candidates:
After the sub-regional electoral office has solved all controversies that
may arise, and confirmed the registration, it shall in accordance with
directives it receives from the Commission, introduce the candidates.
Article 40. Immunity of candidates
40.1 Unless caught red handed with a serious crime, a candidate shall not
be arrested while the election process is underway;
40.2 A candidate accused of committing a crime not related to sub-article
(1) of this article shall not be charged until the Commission officially
declares the outcome of the election.
Chapter Seven: Election campaign
Article 41. Freedom to campaign
A candidate or a supporter shall, based on law, have the freedom to
campaign for the elections through speeches, writings, posters, or
conducting public meetings. The regional electoral office shall organize
and coordinate the campaigns of all candidates.
Article 42. Campaign activities
Campaign activities shall be carried out for three weeks in accordance
with the articles of this proclamation and in a peaceful and legal manner.
Article 43. The right to access mass media
All candidates shall have the right to equally and free-of-charge access
and use government owned mass media
Article 44. Election campaign expenses
The Commission shall cover all expenses related to campaigning for the
elections. No private funds shall be allowed for campaigning.
Article 45. Time limit:
Based on directives that the Commission issues, all contestant candidates
shall cease election campaign activities three days before Election Day
Chapter Eight: Election
Article 46. Election Posts:
The Commission shall establish election posts, the circumstances and
conditions under which they operate, and any other necessary requirements;
Article 47. Election Day:
Unless the Commission decides, under exceptional circumstances, that
election is held in specific posts on a different day, all election posts
shall start operating on the same day.
Article 48. Voting rules:
48.1 All voters shall cast their vote in person;
48.2 A voter shall vote only once;
48.3 A voter shall not be forced to declare for whom he intends to vote or
for whom he voted;
48.4 A voter shall vote only in the election post where he registered
Article 49. Protection of election posts
The police shall take the necessary steps, in accordance with directives
that the Commission issues, to ensure the security and safety of election
posts.
Article 50. Voting procedures:
The Commission shall issue laws that govern the identification of the
identity and signature of voters, issuance of voting cards, casting votes,
dealing with destroyed voting cards, the safety of ballot boxes, and other
similar processes that relate to voting procedures.
Article 51. The handicapped and illiterate voters
51.1 The blind and handicapped voters shall be assisted to cast their vote
by persons of their choice;
51.2 Illiterate voters shall cast their vote through fingerprints that
they shall imprint on a specific box on the symbol of the candidate
they select
Article 52. Advance voting
The Commission shall issue directives for members of the defense forces,
police, security and Eritreans residing abroad to vote seven (7) days
before Election Day.
Article 53. Counting advance votes
Notwithstanding Article 56 of this proclamation, advance votes shall be
counted together with the votes collected on Election Day.
Article 54. Voting through an agent
Notwithstanding Article 11 of this proclamation, the following shall be
able to vote through agents:
a) Persons under medical care in hospital or at home;
b) Seriously injured and physically incapable persons;
c) Employees who cannot leave their place of work during Election Day;
d) Persons who have traveled abroad temporarily;
e) Persons who are under police custody
Article 55. Power of attorney
55.1 Persons who cannot move for medical or physical reasons shall issue
power of attorney in the presence of a representative of the Commission;
55.2 Employees who cannot leave their work place shall issue power of
attorney in the presence of a work supervisor;
55.3 Persons who have traveled abroad temporarily shall issue power of
attorney at the Eritrean consulate or Embassy;
55.4 Persons who are under police custody shall issue power of attorney in
the presence of the officer in charge of the police station;
55.5 Witnesses to the power of attorney, issued according to this article,
shall sign, and put, official seal on the delegation document
Article 56. Counting Votes and Declaring Results
56.1 At the conclusion of the voting process, votes shall be counted
immediately in all election posts based on directives that the Commission
issues;
56.2 After finishing counting, the voting boxes shall be sealed and
transferred to sub-regional electoral office;
56.3 Results of counting at the election post shall be declared to the
public immediately;
56.4 Sub-regional electoral offices shall immediately re-count the votes
and, based on the count approve the result of the election post, correct
the result or reject the count result and declare the outcome to the
public
Article 57. Official Election result declaration
The Commission shall immediately declare the official outcome after
concluding the election process and the collecting all necessary documents
Article 58. Presenting reports
The Commission shall present to the National Assembly a detailed report on
the electoral process and outcome of the elections.
Article 59. Side elections
If an elected representative’s tenure ends for whatever reason, over a
year before the end of the tenure of the National Assembly, side elections
shall be conducted within a period not exceeding three months to replace
the outgoing representative.
Chapter Nine: Objecting the election process
Article 60: Time limit
Unless this proclamation provides otherwise, any objection to the election
process shall be reported in writing and within twenty-four hours.
Article 61. Opposing the registration process
61.1 A voter who has been denied the right to register to vote shall
immediately present his complaint to the sub-regional electoral office,
which must respond to the complaint within twenty-four hours;
61.2 If not satisfied by the sub-regional electoral office’s decision,
the person shall appeal to the regional court. The regional court shall
issue a prompt and final decision.
Article 62. Opposing the nomination process
62.1 A person who has been denied the right to register as a nominee
(candidate) shall immediately present a complaint to the regional
electoral office, which shall respond to the complaint within forty-eight
hours;
62.2 If not satisfied by the regional electoral office’s decision, the
person shall appeal to the Supreme Court. The Supreme Court shall issue a
prompt and final decision.
Article 63. Opposing the voting process
63.1 A person who has been denied the right to vote shall within five
hours present a complaint to the regional electoral office, which shall
decide on the complaint immediately;
63.2 If not satisfied by the regional electoral office’s decision,
considering the election time limit, the person shall appeal to the
Supreme Court. The Supreme Court shall issue a prompt and final decision.
Article 64. Opposing the vote counting process
64.1 A person who objects the vote counting process or the count result
shall present a complaint to the Commission;
64.2 If not satisfied by the Commission’s decision, the person shall
appeal to the Supreme Court. The Supreme Court shall issue a final
decision.
Article 65. Authority of the Commission
65.1 The Commission shall have the authority to order the suspension of
activities that contravene with this Proclamation during the election
process, that it detects through complaints or its own investigations;
65.2 The Commission shall have the authority to suspend, cancel or declare
invalid the outcome of an election and carry out another election if it
has sufficient evidence to believe that there have occurred fraudulent
activities that could change the election outcome;
65.3 To effectively discharge of the authority, bestowed on it by this
article, the Commission shall have the power to summon any person who
possesses evidence, or to call responsible individuals or government
departments to present any document or evidence that it deems necessary;
65.4 A person who is not satisfied by the Commission’s decision shall
have the right to appeal to the Supreme Court. The Commission’s decision
shall remain in force until and unless the Supreme Court decides
otherwise.
65.5 The Commission shall refer to the relevant authorities, for legal
action, any act that violates the provisions of the criminal code of
Eritrea.
Chapter Ten: Miscellaneous Provisions
Article 66. Budget of the Commission
The Commission shall have a budget approved by the National Assembly. The
budget shall be disbursed according to the financial regulations of the
Government of Eritrea.
Article 67. Duty to Cooperate
All government offices, private organizations and individuals shall be
obliged to cooperate in the implementation of this proclamation. Refusing
to cooperate shall be punishable by law.
Article 68. Penalties
Violation of the provisions of this proclamation shall be punishable in
accordance with the Penal Code of Eritrea.
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