Unofficial Translation (Version 1.

0) - Libyan Electoral Law 2012

Libyas National Transitional Council Election Law Law no. 4 for the year 2012 AD Concerning National Congress Elections

February 12, 2012

Unofficial Translation (Version 1.0) - Libyan Electoral Law 2012

**************************************************************************************************** NOTE FROM THE TRANSLATORS - This translation is for informational purposes only and is but an approximation of the original legal text in Arabic. It should not be relied upon as the official translation of the law. It was developed to provide an immediate need for an English language version of the law. It is recommended that to understand the law, the reader review the original Arabic document which can be found at: http://ntc.gov.ly/RetriveFile.aspx?ID=93 Translated By: Rida, Hosam, Asma, Hend @libyanproud @waterproofahmad @tripolitano @LibyanBentBladi @libyaliberty @Grande_Sefa @armchairarab @LibyaFromFrance @gheblawi Edited by Asma Ramadan and Najah Dawaji @libyaoutreach

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Table of contents: Part I: Definitions Part II: Preliminary Rules Part IV: The Right To Vote Part V: Conditions and Procedures of Candidacy Part VI: Electoral Campaign Promotional Activity Part IX: Electoral Fraud

Unofficial Translation (Version 1.0) - Libyan Electoral Law 2012 The National Transitional Council

Having reviewed:

The interim constitutional declaration issued on August 3, 2011. The civil and commercial procedures and its amendments. The Libyan citizenship law no. (24) of 2010. The Libyan penal code.

The National Transitional Council has drafted the following law: Law no. 4 for the year 2012 AD Concerning National Congress Elections

Part I: Definitions
In the course of this document certain terms are used, whose definitions are set out here: 1. National Congress: The temporary national legislative authority elected for the transitional period. 2. Commission: The Electoral Commission instituted to take charge of and supervise the election process. 3. Election: The process of selecting members of the National Congress in accordance with the provisions of this law. 4. Electoral District: Distinct geographic blocks of voters, also referred to as a constituency, who vote for an allotted number of seats in the National Congress. 5. Electoral Register: A listing of all those registered to vote in the system. 6. Voter: An individual who successfully meets registration qualifications, and is registered in the electoral register. 7. Political Entity: A group of individuals, political group, or political coalition who can submit their list of candidates to participate in elections for membership in the National Congress.

Unofficial Translation (Version 1.0) - Libyan Electoral Law 2012 8. Candidate: An individual seeking membership into the National Congress who has met the requirements for candidacy. 9. Independent Candidate: A candidate running for election based on the Single Member Plurality System. 10. Proportional Representation (PR): A voting system that uses proportional representation. Candidates who represent political entities in electoral districts are selected based on a proportional list system. . 11. Balloting: The process by which a voter casts a ballot in an election beginning with their entering a polling center and ending by completing all of the prescribed procedures. 12. Electoral Sub-Committee: A committee established by The Commission to manage elections in each electoral district. 13. Polling Center: An approved balloting facility where registered voters cast their votes. 14. Polling Station: A polling station that identifies where voter ballots are cast. A polling center may include one or more polling stations. 15. Polling Official: An official of the electoral administration responsible for oversight of the polling stations voting procedures. 16. Electoral Card An identity card issued by The Commission that indicates voter eligibility 17. Monitors: Persons, national or international organizations accredited by The Commission to monitor the running of elections, to communicate and publish reports on the progress of the elections process. 18. Political entity agents: Individuals appointed by political entities and accredited by The Commission to monitor the electoral process in accordance with the provisions of the law. 19. Candidate campaign agents: Individuals appointed by the candidate and accredited by The Commission to monitor the electoral process in accordance with the provisions of the law. 20. Proportional Representation System: An electoral system based on multi-member districts. The winners divide up their seats in the multi-member districts according to the proportion of votes.
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Unofficial Translation (Version 1.0) - Libyan Electoral Law 2012 21. Majority System: An electoral system in which the winner candidate gains the highest share of votes in the electoral districts. 22. Single Non-transferable vote (SNTV): An electoral system used in multi-member districts where voters elect the candidate with the highest share of votes. 23. Simple Majority system: A voting system whereby the winner is the candidate with the most votes. 24. Closed party lists: A list that sets the order of its candidates prior to voting. Voters are unable to indicate their preference for a particular candidate representing the political entity.

Part II: Preliminary Rules

Article (2) The National Congress is composed of two hundred (200) members elected according to this law, and all Libyans, male and female, fulfilling the conditions set forth in the document, have the right to nominate themselves for membership. Article (3) The elections will be held by secret ballot, held freely, publicly and transparently, and in accordance with international standards. Article (4) Electoral districts based on population and geography will be determined and announced by The Commission within two (2) weeks from the publication of this law.

Part III: The Electoral System Article (5) A Parallel Voting System consisting of a Majority System and a Proportional Representation System; to elect two hundred (200) members of the National Congress, as detailed in articles (6) and (7). Article (6) One hundred and twenty (120) members of the National Congress are elected based on a Simple Majority System. In the case of districts with more than one seat, the system of nontransferable single vote is applied. In the case that candidates receive the same number of votes, a draw between them is conducted.

Unofficial Translation (Version 1.0) - Libyan Electoral Law 2012 Article (7) Eighty (80) members of the National Congress are elected based on a Proportional Representation System that uses closed party lists submitted by the political entities in the multi seat electoral districts. Seats are distributed as follows:
1. 2.

3. 4. 5.

Electoral average is calculated by dividing the total number of votes by the number of seats allocated to the electoral district. Total number of votes of the political entity is divided by the electoral average. The number of seats will then have to be distributed after the result of the division is rounded up to the closest whole number. In cases where there are seats remaining in the electoral district, they are then distributed on the basis of the highest number of unfilled seats. In the winning lists, the seats are organized in descending order. After seat allocation, all seats will be classified as either political entity seats or independent list seats and not as candidate seats.

Part IV: The Right To Vote

Article (8) The Commission will be responsible for the management of the domestic and international electoral register. Article (9) Voters must meet the following:
1. 2. 3. 4. 5.

Voter must hold a legally sound Libyan nationality. Voter must be the minimum age of eighteen (18) years. Voter must be registered in the electoral register. Voter must not be criminally convicted of crimes, unless acquitted. Voter must not be a member of the Libyan armed forces.

Part V: Conditions and Procedures of Candidacy

Article (10) In addition to the requirements for a voter, the candidates for the National Congress must fulfill the following:
1.

Candidate must hold a Libyan nationality, in accordance with Law (24) of 2010 of Libyan citizenship.
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Unofficial Translation (Version 1.0) - Libyan Electoral Law 2012 Candidate must be at least twenty one (21) years of age. Candidate must be literate (read and write coherently). Candidate may not be a current or former member of the NTC, the executive office, or the head of a local council. 5. Candidate must not be member of The Commission, an electoral sub-committee, or a member of a polling center. 6. Candidate must meet the conditions of the National Integrity regulations set forth by the NTC law number ninety two (92) in the year two thousand and eleven (2011).
2. 3. 4.

Article (11) Conditions deeming candidacy void:

Candidate found running for election in more than one (1) electoral district. Candidate found serving as a member of more than one (1) electoral list. Candidate found listed in both a party list and as an independent.

Article (12) The Commission is responsible for the institution of rules, regulations and procedures pertaining to the election process. Nomination forms, request forms, and accompanying documents must be submitted in accordance with predetermined Commission rules and regulation. Article (13) Nominees must select and submit a symbol for endorsement by The Commission, the symbol must be in accordance with nominee request. Article (14) Independent candidates are allowed to submit their nomination requests in all electoral districts using the Majority Electoral System. Political entities must submit their respective closed party lists in multi-seat electoral districts using the Proportional Representation System. Article (15) The order of candidates in political party lists is alternated horizontally and vertically based on candidates gender. Political entities who submit lists that do not adhere to the requirements will not be accepted. The Commission will issue regulations for the method and format of ordering political entity party lists.
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Unofficial Translation (Version 1.0) - Libyan Electoral Law 2012 Article (16) Political entities must submit to The Commission party lists:

In accordance with the date outlined by The Commission. That include at least half the number of seats allocated to the respective electoral district. That identify seats not allocated to the respective electoral district.

The commission reserves the right to ask for explanations and supporting documentation from candidates or political entities if necessary. Applications for independent candidates must be submitted in accordance with the rules and regulations outlined by The Commission. Article (17) The Commission must inform the independent candidate or the political entity their determination that a candidate(s) has not met the rules and regulations set forth by the Commission. The Commission reserves the right to reject names of disqualified candidates from party lists. Any disqualified candidates will be replaced with candidates from the same gender.

Part VI: Electoral Campaign Promotional Activity

Article (18) The Commission shall announce through official media channels the official candidate campaign period. The Commission will announce locations and venues available for the candidates to campaign during the period set forth by The Commission. Candidates listed on the final candidates list may freely express their opinion and present their campaign proposals in accordance with the electoral laws as long as they do not oppose Islamic principles and/or disrupt public order. It is not permissible to engage in any activity considered campaigning on election day. It is not permissible for a candidate during the election campaign to use words that incite crime, threaten public security; and use inflammatory language that is hateful, discriminatory and offensive to the public. Article (19) he Commission will define the regulations and specifications for advertising materials.

Unofficial Translation (Version 1.0) - Libyan Electoral Law 2012 Equal opportunity access to public media channels for election campaigning shall be availed to all candidates as set forth by The Commission campaign advertising rules and regulations. Candidates may publish campaign material in the form of booklets, posters or newspapers given that the candidate name and the source of the information and/or publication are clearly marked. Article (20) An election campaign shall adhere to the following principles:
1. 2. 3. 4. 5. 6.

Neutrality of state media outlets. Election campaign financing and funding transparency. Equality among candidates and political entities. Respect for the physical and moral sanctity of candidates. Respect for national unity and sovereignty. Respect for public order and ethics.

Article (21) Candidates and political entities are prohibited from the following:
1.

2. 3. 4. 5. 6. 7.

Campaigning at places of worship, universities, educational centers, private, public schools, facilities used by ministries, public institutions, or under government jurisdiction. Engaging in actions or issuing statements that may interfere with the election campaign of other candidates or political entities. Offering in-kind or material support or any other benefits for the aim of buying votes, or influencing voters. Financing an election campaign using funds or support from a foreign country or entity. Using foreign media channels for propaganda purposes. Using government resources or support. Using loud speakers outside of rally halls or on methods of transport. Resorting to any action which may constitute an incitement or denunciation of other candidates or political entities, and or serve as a provocation for tribal or clan-based frictions.

All government employees are prohibited from engaging in any promotional activity or campaigning on behalf of any candidate or political entity at any government facility. Article (22) The Commission shall set the campaign spending limit for independent candidates and political entities, who must disclose their sources of election campaign funding.

Unofficial Translation (Version 1.0) - Libyan Electoral Law 2012 Article (23) The Commission holds the right to annul candidacy or election results and hold a recount of votes if an independent candidate or political entity is found to be not in adherence with articles (20), (21), and or (22). Article (24) Candidates and political entities are required to deposit campaign finances, funds, and donations in checking accounts at a local financial institution. Scheduled reports must be submitted to The Commission detailing the source of any donated funds and spending plans. Independent candidates and political entities must not use any funds originating from anywhere other than the predetermined checking account for election campaigns spending. Article (25) Fifteen (15) days following the announcement of the final election results, candidates and political entities are required to submit a detailed report to The Commission outlining election campaign financing and spending. Article (26) The Commission shall determine all procedures relating to voting, organizing, and counting of ballots at polling centers. Article (27) The duration of the voting day shall be one day, beginning at 8:00 A.M and lasting until 8:00 P.M, at which time the director of polling center shall announce the conclusion of the voting process. Voting shall continue after 8:00 P.M if it becomes apparent that there are voters at polling centers who have not cast their ballot yet. In this case, voting is permitted to them only. The conclusion of the voting process, monitoring and tabulation of ballots shall commence immediately inside the polling centers in the presence of the director and officials from the polling centers, candidate campaign agent(s), and independent monitors. Article (28) Voters shall cast their votes in the respective ballot boxes for Independent Candidates and Proportional Representation Lists. Voters with special needs unable to cast their vote in writing or verbally may be accompanied by an assistant approved by the director of the polling center. Representative voting and distance voting are not allowed unless stated in the executive regulations. Executive regulations will outline the conditions under which a voter may assign another to

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Unofficial Translation (Version 1.0) - Libyan Electoral Law 2012 represent him. Voter agency can only be granted to one (1) agent, where each agent may only carry the agency of one (1) person. Article (29) The commission shall determine the dates and procedures concerning voting for Libyan citizens who are residents of another country if logistics and security deem it possible. Article (30) The commission reserves the right to annul results of a voting center if it has determined that forgery, tampering, or violations occurred.

Part VIII: Appeals Article (31) All concerned parties have the right to appeal any stage of the election process within forty eight (48) hours from the date of incident. The appellant shall be exempt from any legal fees. Article (32) The provisional judge of the district court with electoral district jurisdiction is responsible for all appeals concerning the electoral process. Article (33) The Commission will announce the primarily results no later than ten (10) days after the end of the elections process and will announce the final results through various media channels.

Part IX: Electoral Fraud

Article (34) Electoral fraud is punishable by imprisonment when:
1. 2. 3.

A false identity is used to vote. A voter votes more than once. A voter is legally ineligible to vote.

Article (35) The following actions will result in a prison sentence that does not exceed one (1) year and a financial fine that does not exceed five thousand Libyan Dinars (5,000 LYD):

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Unofficial Translation (Version 1.0) - Libyan Electoral Law 2012

1. 2. 3. 4. 5. 6. 7. 8. 9.

Using force, coercion or threat of force against a voter to influence or deny them their vote. Offering and/or pledging to personally benefit a voter in exchange for influencing their vote. Accepting or demanding personal benefit in exchange for influencing a vote. Publishing or broadcasting news or false statements regarding the elections, conduct of a candidate, and or electoral list to influence the election outcomes. Printing or circulating voting cards or documents used in the election process without prior consent from The Commission. Concealing or tampering with electoral lists, voting cards, or election programs. Tampering with the ballot tabulation process. Undermining the privacy and security of the voting process. Concealing or tampering with any documents pertaining to the election process. Article (36)

Directly or indirectly insulting members of The Commission, electoral sub-committees, or election process members while performing their civic duties will be punishable by a prison sentence no less than six (6) months. Carrying visible or concealed weapons in polling stations, offices of The Commission, or any areas around these premises will be will be punishable by a prison sentence no less than six (6) months. Article (37) Threatening or intimidating those participating in the electoral process will be punishable by a prison sentence and/or a financial fine not exceeding ten thousand Libyan Dinars (10,000 LYD). Obstructing and vandalizing the electoral premises process will be severely punished and the perpetrators will be forced to pay the cost of damages inflicted. Article (38) Employees found abusing their position to influence the results of the election will be punished by forced detainment and dismissal from their position. Article (39) Candidates found receiving direct or indirect material benefits from a foreign body will be punishable by:

Forced imprisonment. A financial fine not exceeding twice the amount received. Not participating in elections for a period of ten (10) years from the date of sentence.

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Unofficial Translation (Version 1.0) - Libyan Electoral Law 2012

Candidates found using public funds and/or property for election campaigns will be punishable by:

A financial fine not exceeding ten thousand Libyan Dinar (10,000 LYD). Forfeiting their right to be nominated for a period not exceeding five (5) years.

Civil servants found providing candidates with public funds and/or access to property for election campaigns will be punishable by:

A financial fine not exceeding thirteen thousand Libyan Dinar (13,000 LYD). Forfeiting their right to be nominated for a period not exceeding five (5) years. Article (40)

Persons found violating instructions issued by those involved in the election process are punishable by imprisonment for a term not exceeding one (1) month or a financial fine not exceeding three hundred Libyan Dinars (300 LYD). Article (41) Offenses such as imprisonment, financial fines not exceeding five thousand Libyan Dinars (5,000 LYD), and or disqualification from participation as a nominee for a period of five (5) years will result from:
1. 2. 3. 4. 5. 6.

Use of statements deemed discriminatory, inciting hatred and crime, and or violating public order and dignity. Exceeding the campaign spending limit set by The Commission. Obstructing the election campaign of other candidates. Using foreign media networks to campaign (excluding personal website). Carrying out any campaigns during Election Day. Conducting election campaigns and/or giving campaign speeches in places of worship, public and/or private educational institutions, public roads, and public and/or governmental buildings. Article (42)

Penalties provided in this law do not cancel any harsher punishment measures stipulated in the Libyan Penal Code or any other Libyan law. Article (43) Legal actions pertaining to electoral crimes shall expire two (2) months from date of official election results or date of last judicial action.

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Unofficial Translation (Version 1.0) - Libyan Electoral Law 2012

Part X: Final Provisions Article (44) Civil society organizations, regional and international organizations accredited by The Commission, and candidate campaign agents will be responsible for monitoring the entire electoral process. The Commission is committed to facilitating the duties of the monitors to ensure the highest level of credibility to guarantee free and fair elections. Article (45) Members of The Commission, members of the electoral sub-committees, and members of the polling stations have judicial powers with regard to offenses set forth in this law. Article (46) Members of the National Congress shall not take part in any commercial, financial, or professional activity for the duration of their term in office. Article (47) The Commission shall publish the laws and regulations for all procedures needed to implement the electoral law. Article (48) Government institutions shall provide all necessary assistance and support required during the election process. Article (49) Government shall provide security and order needed to guarantee the freedom to vote during the election process. Article (50) The Electoral Law shall come into effect from date of issuance and shall be published in various available media channels. All Ministries shall implement the respective electoral law provisions.

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