KRAM
DATED DECEMBER 26, 1997
ON
THE ELECTION OF MEMBERS OF THE NATIONAL ASSEMBLY
No. NS RKM 1297.06
We,
Preah Bat Samdech Preah Norodom Sihanouk,
King of the Kingdom of Cambodia
Upon proposal of H.E. First Prime Minister
and Samdech 2nd Prime Minister and of the Co-Ministers of Interior.
Hereby promulgate
the law on the election of the members of the
National Assembly adopted on 19 December 1997 by the National Assembly during
the 8th session of its 1st legislative term, which whole content is as follows:
CHAPTER
ONE
GENERAL
PROVISIONS
Art. 1
The purpose of this law is to establish
electoral organs, procedures and functioning rules for the conduct of the
election of members of the National Assembly of Kingdom of Cambodia.
Art 2
The election of members of the National
Assembly shall be undertaken following the principles of multiparty, liberal
democracy.
Art 3
The election shall be undertaken once every 5
years, on Sunday of the 8th week before termination of the 5th year legislative
term of the Assembly, except in following circumstances:
Art. 4
The management of the election shall fall
within the competence of the National Electoral Committee set up by Chapter III
of this law.
CHAPTER
II
ELECTORAL
SYSTEM AND DETERMINATION OF SEATS
Art 5
Members of the National Assembly shall be
elected by a universal, free, fair, and right, equal, direct, and secret
general suffrage.
The poll system shall be the proportional
representation, with Khet or Krung constituencies.
Art 6
The National Assembly shall have at least 120
seats.
Art 7
On the 3rd year of every legislative term,
the Council of Ministers shall establish a Commission for Determination of
National Assembly Seats to modify the number of seats and allocate them to each
Khet/Krung.
The Commission shall be composed of:
The Commission is headed by a Chairman,
assisted by a Deputy-Chairman, who shall be elected among Commission members by
an absolute majority of the members of this Commission .
The Commission shall report and propose to
the Government whether to increase or to keep the same number of seats
according to demographic, geographic, social, and economic situation.
The Royal Government shall draft a law
determining this number of seats and shall submit it to the National Assembly.
Where there is no determination of a new
number of seats in the National Assembly , the seat number shall be the same
than during the previous legislative term.
Art 8
The number of seats of the National Assembly
and the number of seats allocated to each Khet/Krung shall be published at
least 1 year before the election day.
Art. 9
The new number of seats shall be calculated
by utilizing following formulas, without taking in consideration the
remainders:
PP Pa
---- = Q --- = NA
NP Q
where:
PP
is the number of
Cambodian population in the last election of the National Assembly;
NP is the current number of
seats in the National Assembly.
Q is the quotient in whole
numbers, without taking in consideration the remainders;
Pa is the current number of
Cambodian population;
NA is the new number of seats,
without taking in consideration the remainders;
The
number of seats of each Khet or municipality shall be calculated by utilizing
the following formula:
p
---- = N
Q
where:
P
is the number of Cambodian
population in the Khet or municipality;
Q is the quotient obtained from above
calculation;
N is the new number of seats for the
Khet or municipality, without taking in consideration the remainders.
Art 10
A Khet or municipality which population is
less than the quotient shall be allocated one seat.
As for remaining seats, the Commission for
Determination of National Assembly Seats may propose to allocate remaining
seats to any Khet/Krung, according to their geographical, social and economic
situation.
CHAPTER
III
MANAGEMENT
OF THE ELECTION
Art. 11
The election process shall be managed by the
National Electoral Committee, named ''NEC". To carry out its duties, the
National Electoral Committee shall be assisted by Khet/Krung Electoral
Commissions, Khum/Sangkat Electoral Commissions, and Polling Station
Commissions.
The National Electoral Committee shall be an
independent and neutral body while carrying out its duties.
Members of the National Electoral Committee and
of Electoral Commissions at all levels shall be neutral and impartial while
carrying out their electoral functions.
Art. 13
The National Electoral Committee shall be
composed of:
a Khmer dignitary, Chairman;
a Khmer dignitary, Deputy-Chairman;
2 Khmer citizens eligible to vote, Members;
a representative from each political party
currently having seats in the National Assembly, Member;
2 executive civil servants from the Ministry
of the Interior, Members;
one representative of local non-governmental
organizations, Member.
The Chairman and Deputy-Chairman of the
National Electoral Committee shall be chosen among dignitaries having political
and professional experiences.
The Chairman, Deputy-Chairman and Members of
the National Electoral Committee shall be appointed by Kret at least nine
months before election day, on proposal of the Council of Ministers and with
approbation of an absolute majority of all National Assembly members.
The Chairman, Deputy-Chairman, and Members of
National Electoral Committee shall take an oath of office before taking up
their functions.
The Ministry of the Interior shall submit a
draft of composition of the National Electoral Committee to the Council of
Ministers, at least 11 months before the election day.
The National Electoral Committee shall hire
the staff needed by the election process and shall be assisted by a General
Secretariat.
Art. 14
In case of dissolution of the National
Assembly before the end of its legislative term, the National Electoral Committee
shall organize a new election within 60 days of the dissolution date.
Art. 15
After being appointed to the National
Electoral Committee, the Chairman and Deputy-Chairman, if they are members of a
political party or government officials, shall definitively resign from their
party and/or shall apply to be placed in the position of leave without pay
until the expiration of their mandate. The Members of National Electoral
Committee, and Chairmen, Deputy-Chairmen and Members of Khet/Krung and
Khum/Sangkat Electoral Commissions, if they are members of a political party
and/or government officials, shall temporarily resign from the party and/or
shall apply to be placed in the position of leave without pay until the
termination of their duties.
Art. 16
The National Electoral Committee shall be
responsible for planning, organizing and managing the election throughout the
country. The National Electoral Committee shall fulfill ipso jure its functions
falling within its competence. Its rights, powers, duties and responsibilities
related to election planning, organization, management, and supervision are as
follow:
Art. 17
The working procedures of the National
Electoral Committee shall be determined by its internal rules in accordance
with provisions of this law and of in force regulations. Only decisions of the
National Electoral Committee made by an absolute majority shall be valid.
Art. 18
The Members of Khet/Krung Electoral
Commissions shall be appointed by the National Electoral Committee from among
citizens, civil servants and/or officials of the Khet/Krung eligible to vote,
except members of military forces, policemen, civil servants from judicial
order, clergymen, and Khet governors and vice-governors.
Composition of these Commissions shall
consist of a Chairman, a Deputy-Chairman and 3 to 5 Members. The Khet/Krung
Electoral Commissions shall be assisted by a Secretariat. Between two
elections, the National Electoral Committee shall designate one or two
officials of the Secretariat to maintain the continuity of electoral work in
the Khets/Krung.
Art. 19
Duties and responsibilities of the Khet/
Krung Electoral Commissions shall be as follows:
Art. 20
The members of Khum Electoral Commissions
shall be appointed, upon proposal of Khet/Krung Electoral Commissions, by the National
Electoral Committee, from among citizens, civil servants, and officials of the
Srok/Khan/Khum/Sangkat eligible to vote, except members of the military forces,
policemen, civil servants from judicial order, clergymen, and Khum chiefs and
deputy chiefs, Sangkat chiefs and deputy chiefs.
The Composition of a Khum Electoral
Commission shall consist of a Chairman, a Deputy-Chairman and 3 members.
Art. 21
Duties and responsibilities of the Khum
Electoral Commission shall be as follows:
Art. 22
The members of Polling Station Commissions
shall be, upon proposal of Khet/Krung Electoral Commission, appointed by the
National Electoral Committee from among the citizens and civil servants of the
Khum or Srok eligible to vote, except members of the military forces,
policemen, civil servants from judicial order, clergymen , Srok chiefs and deputy
Srok chiefs, officials of the Khum or Srok, and Phoum chiefs.
The Composition of a Polling Station
Commission shall consist of a Chairman, a Deputy-Chairman, a Secretary, and 2
to 4 Members as needed and as decided by the National Electoral Committee.
Art. 23
Duties and responsibilities of a Polling
Station Commission shall be as follows:
Art. 24
To undertake electoral operations, the
National Electoral Committee may delegate its authority to Khet/Krung Electoral
Commissions, to Khum Electoral Commissions, to Polling Station Commissions, or
to electoral officers or agents.
Art. 25
Candidates for the election or members of
political parties executive committees cannot be members of the National
Electoral Committee or of any Electoral Commission.
Art. 26
Every political party participating in the
election may send one of its representatives eligible to vote to participate to
observation of polling activities at each polling station.
Art. 27
National and international non-governmental
organizations, international organizations and foreign countries may send their
representatives to observe the electoral process.
Art. 28
Representatives of political parties
participating in the election, representatives of national and international
non-governmental organizations, of international organizations and foreign
countries who participate to the observation of electoral process must be
accredited by the National Electoral Committee.
Art. 29
Authorities at all levels who are responsible
for security, public order, and any other public authority shall cooperate with
the National Electoral Committee and the Electoral Commissions at all levels,
upon their request, to maintain safety, security, and public order during the
polling day and during the electoral campaign.
Art. 30
The Chairman of the National Electoral Committee
shall have rank and prerogatives equivalent to a Deputy Prime Minister. The
Deputy-Chairman of the National Electoral Committee shall have rank and
prerogatives equivalent to a Minister. Members of the National Electoral
Committee shall have rank and prerogatives equivalent to a Secretary of State.
The Secretary General of the National Electoral Committee shall have rank and
prerogatives equivalent to a General Director of a Ministry.
Art. 31
Members of Electoral Commissions at all
levels as well as General Secretariat and Secretariats staff shall receive
remuneration defined by the National Electoral Committee.
Art. 32
The Khum/Sangkat Electoral Commissions shall
fulfill their duties until the day of final announcement of the election
results.
The Khet/Krung Electoral Commissions shall
fulfill their duties 60 days after the final announcement of the election
results.
The Chairman, Deputy-Chairman and Members of
the National Electoral Committee shall keep their positions until a new
appointment.
REGISTRATION
OF POLITICAL PARTIES AND OF LISTS OF CANDIDATES
Any Khmer citizen eligible for election who
wishes to stand as a candidate in the election must meet the following
requirements:
Art. 34
The following persons shall not be eligible
to be candidates for election:
Art. 35
Civil servants, civil servants from the judicial
order, members of the National Police and of Royal Cambodian Armed Forces,
members of the Constitutional Council, members of the Superior Council of
Magistrature and clergymen, who wish to stand as candidates for election, shall
submit an application for special leave from their functions or renounce their
priesthood at least 7 days before the date of electoral campaign opening.
Concerned persons, if elected, shall submit
an application to relevant Ministry or institutions to be released from their
duties for the duration of their mandate. In this case, the concerned persons
shall retain their rights to automatic step and grade promotions and seniority
for retirement.
At the termination of their mandate, the
concerned persons shall be entitled to return to their previous ministries or
institutions, but their assignment shall be determined by concerned Ministries
or other institutions.
Art. 36
Measures of implementation of Articles 33 and
34 of this Law shall be provided by regulations and procedures.
The registration of political parties shall
start 120 days before polling day.
To be officially registered, a political
party shall submit a registration request to the National Electoral Committee,
no later than ninety days before the polling day, following a procedure, which
shall be determined by the National Electoral Committee. It shall provide the
following documents:
In case of dissolution of the National
Assembly before the expiration of its legislative term, the registration of
political parties shall be undertaken within 10 days of the dissolution.
Art. 38
The list of candidates of each constituency
shall include:
Art. 39
A candidate's name shall appear on the list
of only one constituency.
A candidate whose name appears on more than
one list shall be declared having lost his right to be candidate in the
election by National Electoral Committee, even if his candidacy has been
presented by another political party.
Art. 40
The National Electoral Committee shall
examine the political parties' registration applications to participate in the
election and shall make a decision within 7 days of receipt of its application.
In case of dissolution of the National
Assembly before termination of its legislative term, the National Electoral
Committee shall immediately examine and decide on the political parties'
applications to participate in the election.
Where the National Electoral Committee
accepts the political parties' registrations for participation in the election,
it shall issue certificates of registration to concerned political parties. If
National Electoral Committee considers that a party does not meet one of the
requirements provided by articles 33, 34, 35, 36, 37 and 38 of this Law, it
shall notify the concerned party so that it can take appropriate steps.
The political party shall have 10 days from
the date of receipt of the notification to meet the requirements.
In case of dissolution of the National
Assembly before the end of its legislative term, the concerned political party
shall meet the requirements before the closure of political party's
registration. If, at the expiration of this deadline, the political party fails
to meet the said requirements, the National Electoral Committee shall consider
the political party as having renounced to participate in the election.
Art. 41
If a candidate or a list of candidates is
rejected pursuant to provisions of Articles 33, 34, 35, or 39 of this Law, the
National Electoral Committee shall:
Art. 42
If a candidacy or a list of candidates has
been rejected by the National Electoral Committee, the concerned candidate or
political party shall be entitled to lodge an appeal in writing with the
Constitutional Council within 7 days of the notification of rejection.
In the case of dissolution of the National
Assembly before the end of its legislative term, concerned candidate or
political party may immediately lodge an appeal in writing with the
Constitutional Council;
The Constitutional Council shall examine and
dispose of the appeal within 10 days of its receipt.
In the case of dissolution of National
Assembly before the end of its legislative term, the Constitutional Council
shall immediately examine and dispose of the appeal.
Art. 43
The hearings on the appeal, or some of the
Constitutional Council hearings on the appeal, shall be public.
The Constitutional Council shall publicize in
advance the date, place and time of the hearings.
Art. 44
After the closure of the registration of
political parties participating in the election and/or after the final decision
on the appeals, the National Electoral Committee shall publish the list of the
registered political parties and the list of candidates for each Khet/Krung, in
accordance with the regulations and procedures.
CHAPTER
V
POLLING
STATIONS
Art. 45
The National Electoral Committee shall
establish Registration stations within Khums/Sangkat in accordance with
regulations and procedures. Each registration station shall become a polling
station on polling day, except for the voter's registration mobile stations
Art. 46
Each registration station shall have no more
than 600 eligible voters, unless otherwise decided by the National Electoral
Committee.
Each registration station shall be settled in
a central location of a village or of a group of villages in a view to facilitate
registration of all members of every family and their polling at the polling
station.
Art. 47
The names and locations of established
registration stations shall be posted in a public place. Political parties that
have been registered for participation in the election may ask for the list of
names and locations of polling stations by paying a fee. The fee shall be no
more than the reproduction cost.
The National Electoral Committee shall send
to the Constitutional Council a copy of the list of names and locations of
registration stations of each constituency.
VOTERS
REGISTRATION AND LIST OF VOTERS
The voters list of each registration station
shall be prepared by the National Electoral Committee. The voters lists of all
polling stations shall be noted in a voters register kept at the Khet/Krung
Electoral Commission headquarters.
The National Electoral Committee shall
publish the official list of voters at least 90 days before the polling day.
In the case of dissolution of the National
Assembly before the end of its legislative term, the official list shall be the
last lists of voters, which must be published at least 50 days before polling
day.
Art. 49
The voters register shall be kept
permanently. The duration of the voter registration period shall be determined
and announced publicly. This period may be modified and announced publicly in
accordance with circumstances prevailing in the nation or in Khets, Krung,
Sroks, Khums or polling stations.
Art. 50
To be eligible to vote, a Khmer citizen must
have his name in the voters list and have a voter card.
The conditions for the voters registration
are as follows:
Art. 51
Candidates for election, their spouses and children
may register in the constituency for which they stand for election, subject to
Article 50 of this Law.
Art. 52
Every Khmer citizen shall be registered under
only one name and at only one registration station.
Art. 53
The National Electoral Committee shall
appoint voters registration officers to register voters or to verify the list
of voters of each registration station.
Art. 54
Khmer citizens willing to register shall
present in person at the registration stations and provide documents required
by regulations and procedures.
If a citizen provides the required documents,
registration station officer shall:
If the name of a citizen already
appears on the previous list of voters, the registration officer shall verify
only the proof of his registration in the previous list of voters and then
register that citizen in accordance with the second paragraph of this article.
It is prohibited to enter into the security
perimeter of a registration station with a weapon or any kind of explosives.
Art. 56
The registration officers may reject the
registration of a person if there is any evidence that the concerned person
does not meet requirements of Articles 50 or 51 of this Law.
When a registration officer refuses to
register a person, he shall:
Art. 57
When the registration of a person has been
refused by a registration station agent, the concerned person or any other person
may lodge an appeal in writing to the Khet/Krung Electoral Commission within 5
days of the date of notification of this refusal.
The Khet/Krung Electoral Commission shall
dispose of this appeal within 7 days of its receipt date.
The Khet/Krung Electoral Commission hearings
on such appeals shall be public.
Art. 59
If the Khet/Krung Electoral Commission
accedes to the appeal, it shall order the registration station agent to
register the voter's name in accordance with second paragraph of article 54 of
this law.
If the Khet/Krung Electoral Commission
rejects the appeal, it shall:
Art. 60
Where a person's appeal has been rejected by
the Khet/Krung Electoral Commission, the concerned person or any other person
may lodge an appeal in writing to the National Electoral Committee within 5
days of the date of rejection notification.
The National Electoral Committee shall
dispose of any appeal within 7 days of the date of its receipt.
If the National Electoral Committee accedes
to the appeal, it shall order the Khet/Krung Electoral Commission to instruct
the concerned registration station to register the refused voter in accordance
with dispositions of second paragraph of article 54 of this law.
If the National Electoral Committee rejects
the appeal, it shall:
Where registration of a person has been
refused by the National Electoral Committee, the concerned person or any other
person may lodge an appeal in writing to the Constitutional Council within 5
days of date of notification of rejection by the National Electoral Committee.
The Constitutional Council shall dispose of
any appeal within 10 days of its receipt date.
If it accedes to or rejects the appeal, the
Constitutional Council shall:
Immediately after the closure of the voters
registration period, the National Electoral Committee shall order the posting
of preliminary voters lists at each polling station, at Khum/Sangkat Electoral
Commissions offices and at Khet/Krung Electoral Commissions offices.
Registered political parties shall be
entitled to obtain a copy of voters lists for fee. The fee shall not exceed the
reproduction cost.
Within 5 days of the posting date of
preliminary list of voters, any person may lodge a complaint in writing to the
Khum/Sangkat Electoral Commission about the omission, the refusal or the
retention of another person name on voters list, while justifying that the
concerned person:
Art 65
The Khum or Sangkat Electoral Commission
shall dispose of any complaint or objection within 3 days of date of receipt of
the complaint or objection.
If complaint or objection is admissible, the
Khum/Sangkat Electoral Commission shall order the name of the concerned person
to be registered in the voters list in accordance with requirements of second
Paragraph of Article 54 of this Law, or his name to be deleted from the voters
list and voters register or his voter card to be confiscated.
If the plaintiff or objecting person or the
person objected to is not satisfied with the decision of the Khum/Sangkat
Electoral Commission, he or his representative may lodge an appeal in writing
to the Khet/Krung Electoral Commission within 5 days of notification date of
the Khum/Sangkat Electoral Commission decision.
The Khet/Krung Electoral Commission shall
decide on such complaint or objection within 10 days of the receipt date of the
appeal.
If the Khet/Krung Electoral Commission
accedes to the appeal, it shall order the registration agent to register the
name of concerned person on the voters list in accordance with provisions of
second paragraph of article 54 of this law, or to delete his name from the
voters list and voters register and to confiscate his voter card.
If the plaintiff is not satisfied with the
decision of Khet/Krung Electoral Commission, he or his representative may lodge
an appeal in writing to the National Electoral Committee within 7 days of
notification date of the decision.
The National Electoral Committee shall
dispose of such a complaint or objection within 10 days of the receipt date of
the appeal.
If the National Electoral Committee accedes
to the appeal, it shall order the registration agent to register the name of
concerned person in the voters list in accordance with provisions of the second
paragraph of article 54 of this law, or to delete his name from the voters list
and voters register and to confiscate his voter card.
Art. 66
If the plaintiff or objecting person is not
satisfied with the decision of the National Electoral Committee, he or his
representative may lodge an appeal in writing to the Constitutional Council
within 5 days of notification date of the National Electoral Committee .
The Constitutional Council shall dispose of
such appeal within 10 days of the receipt of the appeal.
If it accedes to the appeal, the
Constitutional Council shall:
If the Constitutional Council orders the
plaintiff or concerned person to be registered, the National Electoral Committee
shall order the registration station agent to register the concerned person in
accordance with provisions of second paragraph of article 54 of this law and
shall send to the Constitutional Council a copy of the amended voters list of
the concerned registration station.
Art. 67
After final settlement of complaints and
objections, the National Electoral Committee shall post, for information
purposes, the official lists of voters in registration stations, in
Khum/Sangkat Electoral Commissions offices, and in Khet/Krung Electoral
Commissions offices.
Registered political parties may obtain
copies of voters lists for fee. The fee shall be no more than the reproduction
cost.
Art. 68
Any person possessing a deceased person's
registration card shall immediately return it to the Khum/Sangkat Electoral
Commission.
The Khum/Sangkat Electoral Commission shall
take measures to have the deceased person's name deleted from the voters list
and from the voters register and shall transmit the registration card to the
higher Electoral Commission, for destruction.
Art. 69
Political parties, national or foreign
non-governmental organizations, international organizations, and various
foreign countries may send their representatives to be present as observers in
the registration stations.
Such representatives shall have to be
accredited by the National Electoral Committee.
CHAPTER
VII
ELECTORAL
CAMPAIGN
Art. 70
The purpose of electoral campaign is to allow
political parties and their candidates for election to present their political
platforms to voters.
Art. 71
Every political party and every candidate
shall avoid committing threats, acts of intimidation or of violence against the
population, other political parties or other candidates.
Political parties and candidates shall not
incite their militants or voters to commit violations, threats, acts of
intimidation or of violence against other persons or political parties.
The electoral campaign period shall last 30
days and its activities shall be finished 24 hours before polling day.
During the electoral campaign and on the
polling day, all political parties and their candidates, members and supporters
shall be bound to respect rules, provisions and principles set up by this Law,
to respect the Code of Conduct, the rules and the procedures of the National
Electoral Committee, and to respect the principles of human rights and
democracy set up by the Constitution of the Kingdom of Cambodia.
Art. 74
All media, including state-run press radios
and televisions, shall accept to gratuitously publicize all information
proposed by the National Electoral Committee for the purpose of publicizing
electoral work and popularizing voters civic education.
Art. 75
The National Electoral Committee shall take steps
to publicize propaganda messages upon request of registered political parties,
based on equality principles and following the arrival order of publicizing
requests.
In exercising their right to publicize
through media, all political parties and their candidates shall refrain from
using violence, violations, or derogatory speeches, causing fear, confusion and
thus inducing loss of confidence in the secrecy of the ballot.
Public theaters, stadiums, public parks and public
halls managers shall make their premises available to all registered candidates
or political parties who will request their rental for electoral campaign
purposes, on the basis of equality principle and following the arrival order of
rental requests.
Art. 78
During electoral campaign, political parties
and candidates willing to rent public theaters, stadiums, public parks or
public halls mentioned in article 77 of this Law shall submit a request to the
managers of these premises at least 3 days before the scheduled campaign
meeting and shall send a copy of this request to the relevant Khum/Sangkat
Electoral Commission.
Managers of these premises shall respond to
rental requests within 24 hours of receipt of the request.
Art. 79
Political parties or their candidates may do
their campaign in private areas or premises subject to their owners' consent;
however, political parties or candidates must notify the relevant Khum/Sangkat
Electoral Commission.
Art. 80
Political parties and their candidates shall
not interfere with or obstruct to other political parties or candidates
activities.
Art. 81
All electoral campaign expenses incurred by
each political party and its candidates shall be borne by themselves .
Art. 82
Every registered political party shall have
an account book to register all incoming, sources of incoming and expenses
related to electoral campaign .
The National Electoral Committee may, if
necessary, audit the account book.
Art. 83
All contributions received by political
parties shall be deposited into their respective bank accounts and all
electoral campaign expenses shall be paid from this sole account.
POLLING,
COUNTING OF VOTING PAPERS AND
DETERMINATION
OF THE ELECTION RESULTS
Art. 84
Polling stations shall be established in accordance
with provisions of article 44 of this law.
Art. 85
Poll shall last for only one day.
Voting shall start at 7 a.m. and end at 4
p.m., unless otherwise directed by the National Electoral Committee.
However, if all registered voters in a
polling station have cast their ballots, the Polling Station Commission may
decide to close that polling station before 4 p.m.
Art. 86
The National Electoral Committee shall
publish voters list and polling stations locations at least 30 days before
polling day.
Art. 87
Registered political parties may ask for
copies of voters lists and of polling stations locations at a cost not
exceeding the reproduction cost .
Art. 88
The National Electoral Committee shall, one
day before the opening of polling day, provide each polling station with an
appropriate quantity of the following polling materials:
Art. 89
One day prior to poll opening, the Chairman
of Polling Station Commission shall call a meeting of all its members to check
their presence, check polling station location and check polling materials and
equipment.
An absent member of a Polling Station
Commission shall be replaced by a new one, who shall be designated in
accordance with Regulations and Procedures.
The Chairman of the Polling Station
Commission shall take all steps to ensure that materials, equipment and
furniture's necessary for the conduct of the poll are available.
Chairman of the Polling Station Commission
shall check the security situation at the polling station and shall take, if
necessary, appropriate measures to ensure it.
Art. 90
On polling day, Polling Station Commission
members shall be present themselves at the polling station at least one hour
before polling opening hour, in order to prepare polling operations.
The Polling Station Commission shall comply
with the instructions set out in the regulations and procedures.
The Chairman of the Polling Station
Commission shall at first verify the credentials regularity of political party
representatives and electoral observers before allowing them to enter the
polling station.
Art. 91
Before opening the poll, the Chairman of the
Polling Station Commission shall open the voting boxes in the presence of
Commission members, political party representatives and all observers to ensure
that they are empty, and then place seals on them. Seals numbers shall be
recorded in the polling minutes forms.
Art. 92
Every citizen shall vote only in the polling
station where his name appear on the voters list and shall provide himself his
voter card unless otherwise decided by National Electoral Committee.
Art. 93
Members of a Polling Station Commission are
requested to record their votes first, followed by political party
representatives and national observers whose names are on the voters list.
Art. 94
Every voter is entitled to cast only one
voting paper, once only; this cast is done by the voter himself.
Every voter shall vote in favor of only one
political party of his choice, by placing a mark for the political party of his
choice on the voting paper, without making any change or addition. Other
detailed voting instructions shall be determined by the National Electoral
Committee.
Art. 95
Voting shall be secret.
Any attempt, by any kind of means, to
discover or to reveal a voter's ballot secrecy shall be prohibited.
Art. 96
To maintain order at the polling station, any
person shall respect the rules set up by the National Electoral Committee.
Art. 97
Where handicapped citizens not being able to
vote by themselves will need assistance, the Chairman of the Polling Station
Commission shall order one of its members to help them.
Art. 98
A citizen providing a registration card but
whose name does not appear on the voters list shall not be allowed to cast his
vote.
Art. 99
None shall be authorized to enter a polling
station other than those that cast their ballots, except if authorized by the
National Electoral Committee.
It is strictly forbidden to carry weapons or
any type of explosives within the Polling Station protection perimeter and to
wear armed forces uniforms inside the Polling Station, except by special
authorization of the National Electoral Committee Chairman.
The polling station area shall be about 2,000
square meters, and the security perimeter shall be set at a distance of 200
meters from the polling station unless otherwise decided by the National
Electoral Committee.
Art. 101
A political party representative who thinks
that the polling is irregular, may complain or object the irregularity to the
Polling Station Chairman.
The procedures for objection or complaint
shall be determined by the regulations and procedures.
The Polling Station Commission shall settle
the objection or complaint.
The decision of the Polling Station
Commission shall be considered as enforceable to matters falling within its
competence, if the polling takes place regularly.
If the party representative persists in
objecting or complaining, the Polling Station Commission shall record the
objection or complaint in a minute form, which shall be countersigned by the
objecting or complaining person.
Art. 102
After the closing announcement of the
polling, the Polling Station Commission shall record in the minute form the
number of voters and the number of unused voting papers, and shall count the
Polling Station voting papers in accordance with regulations and procedures. If
a polling station cannot count voting papers due to force majeure or insecurity
reasons, the National Electoral Committee shall issue special directives
regarding this.
National and international observers as well
as each political party representative may be invited to participate as
witnesses to ballot counting operations.
Art. 103
The Polling Station Commission shall be
responsible for voting papers counting. Before opening ballot boxes, the Chairman
shall invite members of the polling station, political parties representatives
and observers to check the seals and then open voting boxes in their presence.
Art. 104
The Polling Station Commission shall count
voting papers contained in the voting boxes and shall verify if the number of
voting papers tallies with the number of registered voters who cast their vote.
Where number of voting papers in the voting
boxes differs with that of registered voters who cast their vote, the Chairman
of the Polling Station Commission shall order a recount.
If the difference between the two numbers
still persists, the Chairman of the Polling Station Commission shall mention it
in the minute form.
Then, the Chairman of Polling Station
Commission shall order a votes count in accordance with regulations and
procedures.
Art. 105
Shall be deemed valid any voting paper issued
by the Polling Station Commission which bears a mark for only one political
party.
Shall be deemed void any voting paper:
Voting papers indicated at points 1, 2, 3 and
4 above shall be deemed void in accordance with the regulations and procedures.
Art. 106
After having counted the votes, the Polling
Station Commission shall draw up a minute form of the votes count in two
copies; one shall be sent to the Khum/Sangkat Electoral Commission, enclosing
the voters list, the valid and void voting papers, the unused voting papers;
eventually, the objections or complaints and other any documents; another copy
shall be posted at the polling station.
The valid and void voting papers, unused
voting papers, records of objections or complaints and other documents shall be
packed in separate, supplied envelopes.
Voting papers counting minute form shall bear
signatures of the Chairman and members of Polling Station Commission. Political
parties representatives may sign as witnesses.
Art. 107
Formalities for minutes forms sending,
delivery and reception shall be determined by regulations and procedures.
Art. 108
Political parties representatives national
and international observers may participate as witnesses in the delivery or
receipt of the polling minutes.
Art. 109
The Khum/Sangkat Electoral Commission shall
collect all minutes and documents from Polling Station Commissions and then
submit them directly to the Khet/Krung Electoral Commission.
Art. 110
The Khet/Krung Electoral Commission shall
collect all minutes from the Khum/Sangkat Electoral Commissions and then draw
up a summary minute of polling results of its own Khet or Krung.
This summary minute shall be made in 3
copies; one shall be sent to the National Electoral Committee, enclosing the
voters lists, valid and void voting papers, unused voting papers, eventually
objections or complaints requests and other documents; another copy shall be
posted at the Khet/Krung Electoral Commission office; the last copy shall be
retained for its archives.
Art. 111
If there is a complaint against the result of
the election or against a serious irregularity, the Khet/Krung Electoral Commission
shall examine the case and immediately express an opinion which shall be
enclosed to the summary minute of polling results sent to the National
Electoral Committee in order to examine and decide whether to validate results
or to organize a new election.
A new election shall be organized within 8
days of the date of decision of National Electoral Committee.
Art. 112
The National Electoral Committee shall
collect all polling results in order to check and decide on their validity.
If the irregularity is not serious, the
National Electoral Committee shall announce its recognition of the validity of
election results.
If the irregularity is serious and affects
the election results, the National Electoral Committee shall refuse to
recognize the results of that or those polling stations and shall inform
accordingly the political parties. In such a case, a new poll shall be
organized in that or those polling stations within 8 days of this decision
date.
Art. 113
After having checked and decided on the validity
of the election results, the National Electoral Committee shall publish the
provisional results of the election of the members of the National Assembly.
A specimen of provisional results shall be
sent to the King and another specimen to the Constitutional Council. Registered
political parties shall be entitled to request a copy.
Art. 114
Within 72 hours of provisional result
announcement, all registered political parties may lodge a complaint against
all or part of election results to the National Electoral Committee or to
Constitutional Council, by indicating irregularities caused by the Commission
or its members, the date, place of polling irregularities, names and addresses
of witnesses, as well as other documents or evidences.
Art. 115
The National Electoral Committee shall decide
on the complaint within 48 hours of its receipt.
If the National Electoral Committee finds the
complaint non-admissible, it shall:
Art. 116
If the National Electoral Committee finds
that the complaint has reasonable grounds, it shall hold a public hearing to
decide. In this case, it shall publicize the date and place of the hearing,
notify the plaintiff and/or the concerned political party and inform the
Constitutional Council.
The plaintiff, the political party and the
Electoral Commission and/or the concerned Commission members shall be present
at the hearing.
If the National Electoral Committee accedes
to the complaint, it shall:
If the National Electoral Committee rejects
the complaint, it shall:
Art. 117
Any person and/or political party whose
complaint is rejected by the National Electoral Committee shall be entitled to
lodge an appeal in writing to the Constitutional Council within 48 hours of
reception of the rejection notification.
The Constitutional Council shall dispose of
the appeal within 10 to 20 days of its receipt date.
The Constitutional Council decision shall be
final.
If the Constitutional Council decides the
claim is non-admissible, it shall:
If it finds that the complaint has reasonable
grounds, Constitutional Council shall hold a public hearing in order to examine
and decide within 10 days of its receipt date.
A. If the Constitutional Council accedes to
the complaint, it shall:
B. If the Constitutional Council rejects the
complaint, it shall:
Art. 118
After having resolved all complaints and received
all results of the election, eventually including results of new polls, the
National Electoral Committee shall publish official results of the election and
determine the number of seats to be allocated to each political party for each
constituency according to the number of valid voting papers.
Remaining seats for each constituency shall
be allocated by using the method of greatest average.
The proclamation of the elected candidates
shall be done in accordance with the list of candidates and following the
ranking order referred in accordance with provisions of article 38 of this law.
If, within the candidates list, an elected
candidate dies, resigns, or is dismissed from its mandate, the next candidate
on the candidates list of the concerned political party shall be declared
elected.
Art. 119
The periods allowed for lodging and resolving
complaints, set by Chapters IV, VI and VII of this Law shall not include official holidays.
CHAPTER
IX
REPLACEMENT
OF MEMBERS OF THE NATIONAL ASSEMBLY
In the event of death, resignation, or loss
of National Assembly membership of elected candidates occurring at least 6
months before the end of the legislative term, the concerned political party
may propose appointment of substitutes who will be chosen among candidates
ranked by numerical order in the candidacy list of the constituency, without
holding a new election.
A candidate who resigns from his party shall
automatically loose his membership in the National Assembly. If resignation
occurs at least 6 months before the end of the legislative term, the political
party concerned may propose an appointment of a substitute. The replacement shall
be made in accordance with provision of the first paragraph of article 120 of
this law.
CHAPTER
X
BUDGET
Art. 121
A special account of the National Treasury
shall be created, to collect funds allotted to electoral operations. It shall
be managed by the National Electoral Committee for electoral operations, in
accordance with provisions of Law of Finance.
Electoral donation funds obtained from
various contributions from the Royal Government, foreign governments and
international organizations, charitable individuals, non-governmental
organizations, and other legal incoming shall be deposited to national budget
to be directly credited to this special account.
Some kinds of foreign financing for electoral
purposes may be made through operations implemented on outside of the National
Treasury.
CHAPTER
XI
PENALTIES
Art. 122
Shall be reprimanded or dismissed by the
National Electoral Committee, regardless of any criminal penalty, a
registration agent who committed any of the following violations: