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Jordanie : les élections législatives du 8 novembre 1989

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Pascaline Eury

Annexes

Loi électorale de 1986

Texte intégral

1Article (1): The law is called the 1986 electoral law for parliament. It becomes official when published in the official gazette.

2Article (2): The following words and terms shall have the meanings as shown:

  • Jordanian: Any person, male or female, who holds Jordanian nationality in accordance with the Jordanian naturalisation law.

  • Voter: Every Jordanian who has the right to elect members to parliament.

  • Vote-caster: Every voter who exercises his electoral rights.

  • Candidate: Every Jordanian whose application for parliamentary elections has been approved in accordance with the articles of this law.

  • Parliamentarian: Every Jordanian who has been elected as a member of parliament.

  • Administrative Governor: The governor in a governorate or the officer in the district or the director in a sub-district.

  • Constituency: Every part in the Kingdom assigned one or more seats in the parliament according to the articles of this law.

  • Election sub-district: Every part of a constituency where an election centre(s) has been assigned.

  • Votlag Centre: The place named by the administrative governor, of the constituency, where voting is to take place.

  • Reconsidering committee: The committee formed in every constituency under the chairmanship of the administrative governor and the membership of a judge and the registrar of the Civil Registration Department in the constituency.

  • Central committee: The committee formed in every constituency according to the articles of this law.

  • Personal election card: The personal card issued by the minister of interior for every voter according to the articles of this law

3Article (3): Every Jordanian who is 19 years old has the right to vote in the general elections if his (her) name is registered in the find voters’ list. The following are deprived from their right to vote:

  1. Those who have been convicted for more than one year for a non political crime and who were not pardoned.

  2. Those convicted of bankruptcy and who were not reprieved.

  3. Persons in custody who have not been pardoned.

4Article (4): The voter is only allowed to exercise his right to vote at the election centre where he (she) is registered and he (she) cannot vote more than once.

5Article (5): Members of the armed forces, the public security forces and the civil defence are not allowed to vote whilst they are in service.

6Article (6): The voters’ lists are formulated for each constituency for persons whose place of residence is within the boundaries of the constituency.

7Article (7): The voters’ lists are formulated by one or more committees appointed by the administrative governor of each city or town. The committees which formulate the voters’ lists comprises a chairman and two members who should be government employees. The committees should organise the voters’ lists in accordance with instructions by the interior minister.

8Article (8): Voters are registered on the basis of their civil registration cards.

9Article (9): The voters’ lists must include the full name of the voter, his (her), date and place of birth. as well as permanent residence, number of civil registration card and its date and place of registration. A special committee entrusted with organising the voters’ lists has to prepare and sign three copies to be submitted to the administrative committee within a period of 15 days after the committee has been set up. The governor has to sign the three copies and keep one for himself. The committee is not allowed to amend any of the copies units; corrections are called for and in accordance with special legislations and election law regulations.

The two copies are to be displayed for three days from the date on which the voters’ lists are submitted to the governor. One of the two copies should be displayed in public while the other should be in the governor’s office. The public display of the voters’ lists should last for ten days.

Voters whose names do not appear on the official list, either by mistake or fraudulently, have the right to ask for the inclusion of his name in the list. The voter(s) can object to the exclusion of other voters in the list and this objection should be submitted in writing, free of all fees, to the election re view committee within seven days of publishing the voters’ list.

  1. This provision concerns procedures in the court in case of contesting the voters list.

  2. The election review committee formulates the final voters lists for the different constituencies.

  3. The voters’ lists will be valid until the middle of August when the review election committee reevaluate the lists.

10Article (10): A special election review committee should evaluate the voters’ lists annually in the middle of August and this committee has the power to remove or add names of voters according to the updated information, provided that this information is consistent with the records of the Civil Registration Department. Any citizen can add his name to the list if he qualifies to do so.

11Article (11): The specialised courts in different constituencies should supply the election review committee with reports on the criminal records, if any, for the constituents in the period between July 15-30 of every year in order to help the committee reevaluate the voters’ lists in August. The Civil Registration Department should supply the committees with lists of citizens who have reached the age of 19.

12Article (12): The election review committee should publish the new voters list one week after the conclusion of its reevaluation of the old lists.

13Article (13): Any citizen whose name does not appear in the new list can protest to the election review committee within ten days after the new lists are published. Any registered voter whose name appears in the new lists may protest against any other name in the listor protest against the exclusion of any citizen from the list in his (her) constituency.

14Article (14): The election committee should announce its decision regarding any complaint within three days after receiving the objection. The decisions of the committee can be appealed at court within three days of being informed of the committee’s decisions.

15Article (15): The election committee should draw in the final voters’ lists and if the lists are not contested they should be sent to the Ministry of Interior

16Article (16): The final lists of the election review committee will be considered official for any elections.

17Article (17): When the King issues a decree calling for general elections, the government then decides the date which should be announced by the prime minister and published in the official gazette.

18Article (18): Those wishing to nominate themselves for seats in the Lower House of Parliament should:

  1. Have held Jordanian citizenship for a minimum of 10 years and should not hold foreign nationality...

  2. Be a registered voter in the final voter’s list,

  3. Have reached the age of 30 at the end of the nomination deadline.

  4. Not have been convicted for a period exceeding one year for a non-political crime, offence or immoral crime.

  5. Not to belong to any illegal or other party which has aims, objectives and principles that clash with the Jordanian constitution.

  6. Should not be a party to contracts with government institutions except for contracts of property and building leases. This also applies to shareholders of companies with more than 10 members.

  7. Should not be a relative of the King as specified in a special law.

19Article (19): Any person can nominate himself for a seat in the Lower House of Parliament in only one constituency.

20Article (20): The following persons are not allowed to run for seats in the Lower House of Parliament unless they submit their resignation within one month before the elections start. The resignation has to be approved. These categories are; employees in ministries, government departments official and public institutions, members of diplomatic corps and heads of municipalities.

21Article (21): Nominations for the Lower House of Parliament seats must start 25 days before the election and will remain open for three days.

22Article (22): Candidates must pay a non-refundable nomination fee of JD 500. The nominee has to submit two applications to the administrative governor of his constituency. The application should include the nominee’s name, date and place of birth, religion, occupation and his permanent address as well as the seat he is contesting along with all other identification documents and papers in accordance with the election law. The nominee is then given a notice from the governor that the application has been received.

23Article (23): The administrative governor should check and approve the presented nomination documents and should declare his approval or dis-approval in a period of three days from receiving the application.

24Article (24): If the administrative governor refuses the application, the nominee has the right to protest against the decision at the courts in his constituency within a period of two-days. The court has to decide the case-within a period of three days and its decision is final and the governor has to verify the reasons for refusing the nomination.

25Article (25): Once the nomination application has been approved by both the administrative governor and the constituency’s court, the administrative governor has to register the application for nomination in a special register and must organise the list of nominees to be displayed in public places within the constituency’s boundaries.

26Article (26): Any voter has the right to contest the nomination of any person running for election in his own constituency. He can protest to the Supreme Court within three days following the announcement of the candidates, as explained in article 25 of this law. The court must pass judgement on the case within five days.

27Article (27): A provincial governor will have to declare the court’s findings as soon as they are handed to him and he should also announce any adjustments to the list of the candidates in accordance with these findings. Once the amendments and the adjustments have been made, the list of candidates will be considered final.

28Article (28): If the number of candidates in a certain constituency is the same as the number of scats assigned to the constituency. then the candidates should be proclaimed as elected without contest.

29Article (29): All statements of protests and impeachments, presented in accordance with this law shall be exempted from any fees and stamps as shall all the court findings and provincial governor’s statements in this concern.

30Article (30): Any candidate can withdraw from the election up to the day preceding the elections.

31Article (31): The Hashemite Kingdom of Jordan shall be divided into constituencies in accordance with a table attached to the new law with the number of seats clearly shown for each constituency.

32Article (32): Voting shall be public and balloting held in secrecy.

33Article (33): Election for parliament should be held on the same day for all constituencies but the minister of interior has the right to appoint a day for each constituency or a number of them as best serves public interest.

34Article (34): A central election committee shall be formed in each constituency to be chaired by the provincial governor and this committee discharge in accordance with the provisions of this law. Members of this committee shall take the oath before the minister of interior, pledging to conduct their duty and task with all honesty and without any bias.

35Article (35): The interior minister shall issue election cards for all voters, clearly showing the identity and photos of voters as stated in the family registration card, issued by the Civil Registration Department. The cards should also indicate the constituencies of the voters, the balloting centre and the voter’s number in the list of voters at their assigned voting centre. The cards will be valid for a period defined by the minister of interior.

36Article (36): The provincial governors shall issue a final amended list of voters and within 30 days this list must be published in the local press and the official gazette and in any other way and it must:

  1. Name the sub-division of the constituency in question.

  2. Assign balloting centres and the number of voters casting ballots at each centre, provided the number does not exceed 700.

  3. Call registered voters to obtain election and identity cards within a specified period of time.

The provincial governors must determine the number of voters in each sub-constituency and the balloting centre and means of reaching them with the purpose of facilitating the voting process. Sub-constituencies and voting centres assigned by the provincial governors should be regarded as official and valid in any general election or by-election.

37Article (37): Any voter has the right to protest to the interior minister about any laws or regulation issued by the provincial governor as in article (36), particularly concerning his or her own voting centre. Protests should be submitted within three days after the governor’s decision has been made and the minister shall have to issue a decision within three days of receiving the protest note. The minister’s decision will be final and may not be contested before courts.

38Article (38): Special committees comprising government employees will be in charge of voting centres. The provincial governor shall appoint the committee provided its members are not closely related to the candidates. The committee members shall be sworn in before the central election committee to carry out the task in honesty, integrity and without any bias. The provincial governor will have to appoint substitutes in the case of absence.

39Article (39): Election shall be carried out between seven in the morning until seven in the evening but the director of the voting centre can extend the time until nine in the evening.

40Article (40): Any candidate or his representative has the right to attend the voting procedure in any centre but a candidate cannot appoint more than one representative in any single voting centre.

41Article (41): The head of the voting body has the right to prevent any attempt or action that could impede the freedom of balloting and he or she has the right to ask the police to remove any person or clement that presents an obstacle to such freedom.

42Article (42): Heads and members of the voting committees and employees taking charge of work associated with them, as well as the candidates and their representatives. have the right to cast ballots at the centres in which they are employed, contrary to the provisions of the law which states that voters must vote at their own centres. A report mentioning the names and the situation should be presented.

43Article (43): Voting can only be done on cards stamped with the Interior Ministry logo and clearly stamped by the constituency on the back and signed by the head of the voting committee. The committee in charge of voting shall check all the received cards and in case of a shortage, the provincial governor will have to supply additional cards.

44Article (44): The ballot boxes shall be of a unified type as approved by the interior minister with each box provided with three padlocks of different types with an opening for the ballot cards. Before the beginning of voting, the head of the committee in charge of the box shall open the box before the audience and the candidates to show them that it is empty. Each member of the three-member committee will have to keep his own key to the box.

45Article (45): Each voting centre should provide partitions separating voters from one another and pencils must be ready for the voters to fill in the cards.

46Article (46): When voters arrive at the voting centres to cast their ballots, they must register their names and the officials in charge must make sure of their identities and their cards and check them against their lists. Only after this may a voter be given a ballot card. The voters should write the names of candidates they want to elect and then place their card in the box. If the voter is illiterate, he or she can ask the committee to fill out the card for them.

47Article (47): The voting committee can settle any case, protest or complaint submitted by the candidates.

48Article (48): Following the election, the committees in charge should prepare a statement stating the number of registered voters, the number of voters who turned out to vote, the number of ballot cards handed to them and the envelopes used or wasted. The committees must also collect any unused envelopes and attach them to the box fixed with a seal. The committees will have to hand in the keys and the lists of voters to the main constituency centres to be received by the central committees against official receipts.

49Article (49): Counting of votes shall be conducted under the supervision of a central committee for the constituency which can form sub-committees to help in the procedure. Each of the counting committees should be made up of judges and senior government employees. The central committee may appoint two clerks to help each counting committee count the votes. The head and members of the counting committees are to be sworn in before the central committee and must pledge to carry out their task with complete honesty and integrity. Each candidate or his representative has the right to attend the counting procedures.

50Article (50): The ballot boxes are to be opened by the chairman of the counting committee in the presence of the candidates and in the event of keys being lost, the chairman has the right to have the boxes opened in any other way. The committee will afterwards count the number of cards inside the box and one member of the committee will have to call out the name and register the names of the candidates appearing on the card in a loud and clear voice. The counted names will have to be registered on two separate lists to be signed by the committee members.

51Article (51): If committee members find that the number of ballot cards is five per cent less or more than the number of registered voters who cast their ballots, election through that box will be considered cancelled and should be repeated on the following day.

52Article (52): If a ballot card is found to contain more than the specified number of candidates names, the extra names at the end of the list should be omitted. If the card contains less than the required number of names, only the names written on the card should be considered. Names of persons not running for election should be deleted and if a candidate’s name is repeated on the card, the name should be counted once only.

53Article (53): Ballot cards should be considered null and void in the following cases:

  1. If the card is not stamped with the Ministry of Interior’s stamp, the election constituency stamp and if it is not signed by the chairman of the committee.

  2. If the writing is illegible.

  3. If the card contains slanderous words.

The cancelled cards must be brought to the attention of the counting committees stating the reason why they were regarded as invalid.

54Article (54): The central election committee has the task of settling any protests and or complaints during the counting procedure.

55Article (55): After the counting has been completed, each committee should prepare a two copy statement to be signed by the chairman and two committee members, clearly pointing out the number of registered voters in each voting centre, the number who cast ballots, the number of votes each candidate obtained and the number of cards used or unused as well as the ballot cards which the committee decided not to accept. The statement shall be attached to the list of the names of people who actually voted and all should be handed in to the central committee.

56Article (56): The central committee will be in charge of making a final count of the votes for each candidate in each particular constituency. This count should be in public and in the presence of the candidates or their representatives. Statements shall be prepared about the outcome of the counting, copies of which shall be sent to the Ministry of Interior to be kept for at least six months.

57Article (57): Candidates with the largest number of votes are to be regarded as winners but if the number of votes are equal for any single seat the election will have to be repeated in accordance with instructions by the Interior Ministry, provided the second election shall be held in not more than seven days after the general election.

58Article (58): The results of the general election shall be announced by the minister of interior as received from the various central committees and within two days of the end of the elections. The minister will issue each elected person a notification of his election and the results will be published in the official gazette.

59Article (59): Each voter has the right to contest the election of any parliament member in a note to be submitted within 15 days of the general results being announced.

60Article (60): Campaigning for the election shall be free but within the law and can be carried out by a candidate from the time of nomination until the day preceding the election day, after which no campaigning is allowed. Candidates are prohibited from holding election meetings at places of worship. schools, public buildings and building used by government ministries or departments under government control.

61Article (61): Candidates may issue statements and pamphlets containing their objectives and statements outlining their programmes and these publications will be exempted from any fees.

62Article (62): Government insignias or logos should not be used in statements or pamphlets for the election campaign nor can loudspeakers be used in campaigning.

63Article (63): Pamphlets, statements or pictures are not to be plastered on walls of buildings but municipal and village councils can assign certain areas where posters can appear provided that they are removed after the election. These pamphlets and statements should not carry any direct or indirect slander or defamation of other candidates nor should they contain any instigation against factions, communities or minorities in the country.

64Article (64): Government employees or government departments are prohibited from campaigning for any of the candidates.

65Article (65): Candidates shall not offer gifts, donations, financial or in kind assistance to any individual organisation directly or through a third party for the purpose of influencing the voting and it is prohibited for any person to ask for such gifts or donations of any kind from the candidates.

66Article (66): Courts shall imprison for at least three months and up to a maximum of one year and impose fines of no less than JD 200 and not exceeding JD 500 or both penalties on any person committing any of the following:

  1. Posing or impersonating others in the voting procedures.

  2. Exercising his or her right in voting more than once.

  3. Carrying firearms or any other dangerous weapon that might endanger public safety at any voting or counting centre for the purpose of influencing the procedures.

  4. Storming the voting centres to influence the course of elections.

  5. Influencing the freedom of elections or impeding the election process in any form.

  6. Tampering with ballot boxes, lists of voters or cards, stealing or wasting any of them and in such cases the person or persons in question will be issued the maximum punishment provided for in this article.

  7. Committing a prohibited act as provided for in articles 60 through 65.

67Article (68): Any person or persons seizing or attempting to seize by force any ballot boxes before vote counting will be sentenced to at least eight years and a maximum of 10 years in prison with hard labour and will be fined JD 1,000 to JD 5,000. Other persons collaborating in the act in any form will receive the same sentence.

68Article (69): A penalty of one to three years in prison and the payment of JD 500 to JD 1,000 or both will be imposed on any member of the election committees charged with preparing voters lists or counting the votes if he or she illegally adds to the election lists names of ineligible voters or cancels others or if he or she presents a false report on the statement for nomination. The same penalties will be applicable to election officials who tamper with the dates of statements, protest notes submitted by the public or any other document related to the election or if he or she seizes, conceals, forges or destroys any official document pertaining, to the election, if he or she starts election proceedings or stops them without any justification or if he or she fails to open ballot boxes before an audience and the candidates before the election starts to ensure that they are empty or if they read out false information contradicting the information actually contained in the ballot card, or if they do not carry out orders and instructions pertaining to the elections.

69Article (70): Penalties will be imposed on persons attempting to violate the provisions of the electoral law and these penalties will be in accordance with the provisions of the law.

70Article (71): Any other violation to the law which is not stated in this law is punishable by one to three months’ imprisonment and the payment of JD 50 to JD 200 or both.

71Article (72): All election crimes and offences will be dropped against any person or persons after the elapse of six months after the announcement of the election results.

72Article (73): The cabinet has the right to issue regulations for the application of the provisions of this law.

73Article (74): The interior minister has the right to issue instructions for the implementation of the provisions of the law.

74Article (75): The election law of 1960 is hereby cancelled except for the provisions underwhich the present deputies have been elected and until new elections are held.

75Article (76): The prime minister and ministers are entrusted with implementing this law.

Source: Jordan Times du 29-03-1986

© Presses de l’Ifpo, 1991

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