5 June 2014
The Interim President of the Republic:
After reviewing the amended Constitution, issued on the eighteenth of January 2014;
Law No. 73 of 1956 on regulating the exercise of political rights;
Law No. 38 of 1972 regarding the House of Representatives;
Law No. 40 of 1977 on the political party system;
The decree on Law No. 22 of 2014 on organizing the presidential elections;
After taking the opinion of the Supreme Judicial Council;
After taking the opinion of the Special Council of the State Council;
After taking the opinion of the Supreme Committee for Elections;
After taking the opinion of the Council of Ministers;
Based on the view of the State Council;
Decreed the Law that stipulates the following:
The provisions of the attached law on the regulation of some political rights shall be effective and Law No. 73 of 1956, referred to, shall be abolished. Every ruling that comes in contradiction with its provisions shall also be abolished.
The Supreme Committee for Elections shall issue the executive regulations of the attached law. Until these regulations be issued, regulations and decrees issued pursuant to Law No. 73 of 1956 referred to, shall continue to work out; and that are not in contradiction with the provisions of the attached law.
This decree of law shall be published in the official newspaper, and shall take effect from the day following the date of publication.
Issued at the Presidency of the Republic on 7 Shaaban,1435
Corresponding to 5 June,2014
The right to vote
Every Egyptian, male or female, aged 18 shall exercise in person the following political rights:
First, express their views in every referendum prescribed in the Constitution.
1 – The President of the Republic.
2 – Members of the House of Representatives.
3 – Members of the municipal councils.
Officers and members of the main, subsidiary and additional armed forces, as well as police officers and members, shall be exempted from performing this duty throughout their period of service in the armed or police forces.
Election of the President, members of the House of Representatives and members of municipal councils shall be by virtue of the provisions of the laws issued in this regard.
The following categories shall be - temporarily – deprived from the exercise of their political rights:
1 – Those interdicted, during the period of their interdiction..
2 – Those with psychological or mental disorders, during the period of their compulsory hospitalization in one of the psychiatric health facilities, in accordance with the provisions of the Psychiatric Health Care Act issued in Law no. 71 of 2009.
3 – Those sentenced definitively for committing one of the crimes set forth in the Decree - Law no. 344 of 1952 on the corruption of political life. The deprivation shall be for a period of five years from the date of the judgment.
4 – Those sentenced by the Court of Values to confiscation of their money. The deprivation shall be for a period of five years from the date of the judgment.
5 - Those sentenced definitively for committing the crime of tax evasion or for committing a crime stipulated in Article (132) of the Income Tax Act issued in Law no. 91 of 2005. The deprivation shall be for a period of five years from the date of the judgment.
6 - Those sentenced definitively to dismissal or the court decision upheld the dismissal, from the government's civil service, the public sector or the public enterprise sector, for an offense involving moral turpitude or breach of trust. The deprivation shall be for a period of four years commencing from the date of the judgment.
7 - Those sentenced definitively for committing one of the crimes of bankruptcy fraud or bankruptcy with negligence. The deprivation shall be for a period of five years following the month of bankruptcy.
8 - Those convicted with a felony.
9 - Those sentenced definitively to deprivation of liberty, for committing one of the crimes set forth in Chapter VII of this law.
10 - Those sentenced definitively to imprisonment :
A – for committing the crime of theft, hiding stolen objects, swindling, breach of trust, bribery, forging or using forged documents, false testimony, suborning witnesses, issuing an uncovered check or evading the military and national service.
B – for committing one of the crimes set forth in Chapter IV of the Second Book on the embezzlement of and aggression on the public funds, and treachery; or in Chapter IV of the Third Book of the Penal Code concerning indecent assault and corrupting the morals .
The deprivation set forth in provisions (7, 8 and 9) shall not apply if the person has been rehabilitated or the execution of the sentence has been suspended, taking into account the provisions included in Part VIII of the First Book of the Penal Code concerning the conditioned suspension of implementation of provisions.
The Supreme Committee
The first legislative elections following the entry into force of the Constitution of the eighteenth of January 2014, shall be conducted under the supervision of the Supreme Committee provided for in Article 228 of the Constitution, and is referred to hereinafter as (The Supreme Committee).
The Supreme Committee shall be set up under the chairmanship of the Head of Cairo's Court of Appeal and the membership of:
- The two most senior deputy heads of the Court of Cassation.
- The two most senior deputy heads of the State Council.
- The two most senior heads of the Courts of Appeal, next to the Head of Cairo's Court of Appeal.
The supreme councils of the judicial bodies, abovementioned, shall select an alternate member, taking into consideration the seniority.
The Supreme Committee for Elections shall assume a public juristic personality, and shall be based in Greater Cairo, represented by the head thereof.
The heads of the judicial bodies shall notify the Minister of Justice of the names of the senior deputies selected from respective bodies. The Supreme Committee shall be composed by virtue of a decree by the President of the Republic, from among the names proposed by the Minister of Justice.
Should an obstruction arise and prevent the head of the Supreme Court from undertaking the duties of the post, he shall be replaced by the most senior head of the Courts of Appeal.
Should an obstruction arise, preventing one of the members from undertaking his duties, he shall be replaced by the alternate member nominated by the respective supreme council.
In all events, replacement shall continue for the duration of the obstruction. In this case, the supreme council of the respective judicial body shall select another alternate member.
Competences of the Supreme Committee
The Supreme Committee shall, in addition to the powers included herein, have competences to:
1 . Issue the regulations governing its work and those of the secretariat-general and the committees provided for in this law.
2 . Express opinion on drafting laws related to legislative elections.
3 . Set out the schedule for elections and the phases of the electoral process.
4 . Draw up all the rules and procedures for the conduct of the electoral process and the referendum so as to guarantee the integrity, impartiality and fairness of the procedures.
5 . Draw up rules for gradual moving to an automated or electronic voting.
6 . Develop and apply a system chosen by the Supreme Committee to determine the symbols of the candidates in the election; this system should be characterized by neutrality and ensure equality and equal opportunities.
7. Issue licenses to the Egyptian civil society organizations, or the foreign agencies and media; to follow the progress of the election and the referendum, and the Supreme Committee shall determine the meaning of these organizations, according to its licensed activity.
8. Form committees and subsidiary committees stipulated in this law and determine their headquarters.
9. Appoint secretaries and alternate secretaries in the committees and subsidiary committees.
10. Maintain order during the legislative elections and the referenda.
11. Declare the results of the elections or referenda.
The Supreme Committee shall have an independent budget to be included in the general state budget.
The Supreme Committee shall set up regulations for its financial affairs including the rules and spending procedures for allocated funds and statements of spending by its members and staff.
All state agencies are required to assist the Supreme Committee in carrying out its competencies and in the implementation of its decisions as well as providing it with all data, information and documents it may request.
The Prosecutor-General or the investigating judge as the case may be - upon the request of the Chairman of the Supreme Committee – shall order maintaining any papers, documents, data or any other sources of information; whenever the Supreme Committee considers their use to decide a matter before it; or it deems necessary to guarantee the integrity and fairness of the election or referendum.
The Supreme Committee shall convene upon the call of its chairman. The convening of a meeting shall not be valid unless attended by its chairman and at least four of its members, its deliberations shall be secret, and its decisions shall be taken by a majority of at least four members thereof.
The Committee's regulatory decisions shall be published in the official newspaper, and a comprehensive summary shall be published in two widely- circulated morning newspapers.
The Secretariat-General of the Supreme Committee
The Chairman of the Supreme Committee shall be set up a permanent secretariat-general, is referred to hereinafter as the Secretariat-General, to be chaired by a deputy head of the Court of Cassation, or another person of an equal standing, with the membership of a sufficient number of judges, or any other members of the judicial bodies of equal standing, to be selected by the supreme councils of these bodies as well as representatives of the ministries concerned, determined by the Supreme Committee, to be chosen by respective competent ministers.
The Chairman of the Supreme Committee has the right to request secondment of any person – from among public servants and specialized experts – whom he seeks their help in any of the Secretariat-General affairs.
In all events, the seconding body shall incur all financial remunerations paid to the employee on secondment just as he is working at such body, during the whole secondment period.
The Governorate Election Commission
The Supreme Committee shall set up an electoral commission in each governorate, referred to hereinafter as the (Governorate Election Commission). The Governorate election commission shall be chaired by the Head of the Court of first instance and to include as members: a judge from the Court of Appeal, a State Council adviser, a deputy head of the State Litigation Authority, a deputy head of the Administrative Prosecution Authority who shall be chosen by the respective councils of the above mentioned authorities and judicial bodies. Such councils shall select an alternate member to replace the principal member should an obstruction arise before him.
The Voter Registration Database
All persons, male and female, having the right to exercise political rights shall be recorded in the voter registration database. However, a person who acquired the Egyptian citizenship by naturalization shall not be recorded in the voter registration database except after at least five years have passed since the citizenship was acquired.
The Main Source of the Voter Registration Database
The voter database shall be automatically recorded from the national ID data saved in the database of the Civil Status Authority of the Ministry of the Interior. It shall contain data on eligible voters who have not been excluded for any reason from exercising their political rights throughout the year. This shall be carried out at the place and in the manner set forth in the executive regulations.
The national ID data stored in the database of the Civil Status Authority shall be considered the main source of the voter registration database.
The Public Prosecution shall notify the Supreme Committee and the Ministry of the Interior of final judgments depriving or suspending the exercise of political rights
In the case that civil servants or public enterprise sector employees have been dismissed on grounds of moral turpitude, their place of employment shall serve such notification.
At all events, notifications must be made within fifteen days from the date such rulings or judgments are made final.
Modifications to the Voter Registration Database
No modification to the voter database may be introduced after the voters are called to cast the ballot or vote in the referendum
However, it is permissible - even before the fifteen days prior to the polling day - to introduce an amendment to the database; if that is pursuant to a judgment enforceable, or to delete the names of the deceased from this register.
The Electoral Domicile
The electoral domicile is the place of residence established in the National Identification Card. The electoral complex shall be the electoral domicile for the judges supervising the referendum and all the staff therein.
Displaying the Voter Database
The voter database must be displayed, and the executive regulations shall denote the method of revising, modifying, displaying the electoral register and correcting its contents periodically, and the authorities that shall store it, as well as the formation of the committees that do the registration and other tasks as provided in this Law.
Every person, whose name is unlawfully neglected in the voter database, or whose registration data is flawed, or who has regained eligibility to vote, or whose reason for ineligibility are expired, after the electoral register has been established is entitled to request that his/her name be registered or that his registration data be corrected.
Each voter whose name is registered in the voter database is entitled to request that the names of those who have been unlawfully neglected be registered, and the names of those who have been unlawfully registered be removed or to request that the registration data be corrected.
Such requests shall be submitted in writing throughout the year to the committee mentioned in article 20 hereof, and shall be registered in a special record according to the order of the submissions. Receipts shall be given to applicants.
Revising the Voter Registration Database
A committee chaired by the Head of the Court of First Instance of the Governorate with the membership of two judges from the Courts of First Instance to be chosen by the Supreme Judicial Council. A representative of the Ministry of Interior chosen by its minister shall be in charge of the Technical Secretariat of the Committee. The Committee shall decide on the [voter registration] requests within one week from the date of their submission. The Committee's decisions shall be notified to the concerned parties within three days from their date of issue.
The formation of the Committee and its Secretariat shall be issued in a decision by the Supreme Committee.
A person whose request is refused, or where it has been determined that their name shall be deleted, may appeal - without payment of fees - against the decision of the committee referred to in the previous article before the respective Administrative Court. The clerk's office of that court shall record these requests in a special register in the order of their receipt and shall notify the person submitting the request, the head of the voter registration committee, the head of the committee prescribed in the previous article, and the concerned parties, of the date of the session scheduled for hearing the appeal. The notification shall be by registered letter with acknowledgment of receipt, providing this notification shall take place at least five days before the scheduled date of the session.
The Administrative Court shall decide on appeals expeditiously. The court rulings passed in this respect shall be incontestable by any means of appeal.
The court may rule imposing a fine of not less than one hundred pounds and not exceeding one thousand pounds on the voter whose appeal is rejected.
Regulation of Campaigning in Elections and Referenda
The Right to Campaigning
Each candidate has the right to prepare and practice campaigning to address the voters and convince them with his electoral programme, by all means permitted by law and within the framework of the rules laid down by the Supreme Committee in this regard.
The candidate must notify the Supreme Committee of the person who represents him before it, who is entrusted with the responsibility of the actual management of the electoral campaigning.
Duration of Election Campaigning and Electoral Silence
The election campaigning shall commence from the date of the announcement of the final list of candidates till two days prior to the date set for the ballot, and in the case of the run-off elections, campaigning shall commence from the day following the announcement of the result of the ballot in the first round and until twelve o'clock noon, on the day prior to the date set for the vote in the runoff.
Election campaigning shall be prohibited, by any mean, other than during the periods mentioned herein.
Maximum Expenditure on the Election Campaigning
The maximum expenditure limit that each candidate has to spend on election campaigning shall be two million Egyptian pounds and the maximum expenditure limit at the run-off shall be one million Egyptian pounds.
This shall apply to individual candidates, the amount of money referred to herein shall be doubled regarding the list that has been accepted to compete in the elections.
The candidate has the right to receive donations, whether in cash or in-kind, from any Egyptian natural person, or from the Egyptian political parties, provided that such donations do not exceed two percent of the maximum limit allowed for spending on election campaigning.
Receiving donations that exceed this percentage shall be prohibited and the candidate is committed to notify the Supreme Committee of the names of persons and parties from which he receives the donation as well as its amount.
The Supreme Committee shall determine the procedures to be followed to estimate the money value of the in-kind donations which the candidate cannot submit a certified invoice of their value.
Monitoring the Campaigning Funds in a Bank Account
In order to accept the nomination papers, the candidate must open an account in the local currency in a bank determined by the Supreme Committee, to deposit the cash donations he receives, the allocated funds from his own money and to register the money value of in-kind donations.
The bank and the candidate must notify the Supreme Committee immediately of what is being deposited and recorded in this account and its source. The candidate must notify the Supreme Committee of expenditure from this account; during the specified periods and in accordance with the procedures it determines.
Spending on the campaign is not allowed other than from this account.
The Supreme Committee shall distribute the remaining balance in that account among those who have contributed proportionally and in accordance with the procedures it determines.
Adjusting the Accounts of Election Campaigning
Each candidate is committed to bookkeeping, according to Egyptian accounting standards, in which he records the funding sources and expenses of his election campaigning.
The Central Auditing Agency shall audit the accounts of the candidates' election campaigning.
The Committee shall set up regulations and procedures for bookkeeping and submitting this record for auditing.
Using the State Media Outlets
The candidate has the right to use the state-owned media outlets; within the limits of the actual available potentials.
The Supreme Committee shall set up the regulations and procedures required so as to achieve equal opportunities among candidates.
Electoral Silence Prior to the Referendum
The Committee shall determine the period, during which it is prohibited to discuss the subject of referendum in any way in all media outlets.
Prohibitions of Electoral Campaigning
Candidates must abide by the provisions of the Constitution and the law as well as decisions issued by the Supreme Committee, during the propaganda of elections and referendums.
It is prohibited - for propaganda purposes – to do any of the following acts:
1 - exposure to the private lives of citizens or the candidates.
2 - Threatening the national unity or the use of religious slogans or calls to discriminate between citizens.
3 - The use of violence or the threat of its use.
4 - The use of buildings and facilities, transportation of state-owned or public sector companies and public business sector as well as the headquarters of non-governmental associations and organizations.
5 - The use of public facilities and houses of worship, universities, schools, university dorms, and other public and private education institutions.
6 - Spending public funds or funds of public sector companies or public enterprise sector or non-governmental associations and institutions.
7 - Writing in any way on the walls of government or private buildings.
8 - Giving gifts, donations, cash or in-kind assistance, other benefits, or promise of providing with them directly or indirectly.
Regulations for Media Coverage
When doing media coverage of the election or referendum, media outlets licensed to operate in Egypt, must take into account the objectivity in accordance with the due professional principles, and that the coverage comes within shedding light on the electoral programmes of candidates or discussing the objectivity and neutrality of the subject of the referendum.
In this regard, media outlets must be committed, in particular, to the following:
1) Not mixing an opinion with an item of news , and not mixing an item of news with an announcement.
2) Taking into account the accuracy of the information transfer, without relating them to unknown sources.
3) Using titles expressive of the contents.
4) Not publishing photos distantly related to the subject of coverage.
5 ) Not mixing between names, the impermissible generalization or truncate sentences from speeches in violation of their content.
6) Not asking voters for the candidate whom they will vote for nor asking them about the opinion they will express in the referendum.
7) Not holding any opinion polls in front of the polling station the election or within the scope of the election Committee.
8) Prior disclosure of the electoral identity of guests or their intellectual prejudices on the subject matter of the referendum.
9 ) Not asking suggestive questions of clear bias .
10) Not derogating the right of each party to respond or comment on the subject of his attack or praise.
11) Not publishing free or paid advertisements to the candidate or the person who professes the candidate's opinion on the referendum after the date specified by law for advertising.
12) Not using religious slogans to support or reject a candidate, or the subject of referendum.
Regulations on Surveys
The media outlets licensed to operate in Egypt shall be committed to not broadcast or publish an opinion poll on the election or the subject matter of the referendum unless it was in conformity with generally due professional principles, and in a manner that respects the citizen's right to know.
What is broad casted from the survey must include the following in particular:
1 - Full information about the body that has run the survey .
2 - The party that took over the funding.
3 - The size of the sample that was surveyed and the place whether urban or rural.
4 - The methods of conducting surveys according to the due professional principles in this regard .
5 - Questions included.
6 - way of collecting data.
7 - Date of conduct.
8 - The proportion of potential error in the results.
In all cases, these media outlets are prohibited from publishing or broadcasting any poll during the five days prior to the day fixed for the conduct of the election or referendum; until the end of the voting process.
The Supreme Committee shall establish the regulations and procedures governing it.
Prohibiting the Exploitation of the Powers of the public Job in Advertising
Political office holders and occupants of senior management positions in the state are prohibited to participate, in any form, in the election campaign in order to influence positively or negatively the outcome of the election, or in breach of equal opportunities for candidates.
Prohibition of Receiving Donations from Specific Bodies
Taking into account the provisions of Article 26 of this law, it is forbidden to receive any contributions, cash or in- kind aid to spend on the election campaign of a candidate or to influence the public opinion trends to direct them to express an opinion on a particular manner in a question under a referendum; from any of the following entities:
1 - Egyptian juridical person or a foreigner.
2 – A state, a foreign entity or an international organization.
3 – An entity in which an Egyptian or a foreigner, natural or juridical person participates; or from any foreign entity whatever its legal form is.
4 - Foreign natural persons.
Campaigning Monitoring Commissions
The Supreme Committee shall form monitoring commissions of independent experts , entrusted with the monitoring of the incidents all over the governorates, that take place in violation of the regulations established by the Constitution, law or the decisions of the Supreme Committee on campaigning during the election or referendum .
These commissions shall submit reports that include monitoring and documenting what irregularities they monitor. These reports shall be submitted to the Secretariat- General comprising the incidents, aspects of the offense and the perpetrators identification.
The Secretariat-General shall prepare a report on these irregularities and shall submit it to the Supreme Committee.
If a person has been proven offender, the General Persecution shall move the criminal case against the offender or issue the criminal order in accordance with the provisions prescribed in the Code of Criminal Procedure.
Penalty of Violating the Regulations of Media Coverage
The Supreme Committee shall form, from among its members and other independent experts in the field of media, one or more committees to do the following:
1. Daily follow-up and monitoring of all that is broadcast in the media about the election or referendum.
2. Analysis of what is broadcast according to the due professional principles and determine what is done contrary to these principles.
3. Assess the information behavior of the media outlets and the extent of its commitment to advertising regulations prescribed by the Constitution, law or the decisions of the Supreme Committee.
4. Prepare a daily report on any irregularities.
This report shall be submitted to the Supreme Committee, if it finds a breach, it shall notify the legal representative of media outlet, with a registered letter with acknowledgment of receipt accompanied by a copy of the remarks and opinion of the Supreme Committee.
This representative must send the Secretariat-General the opinion of the media outlet on the remarks of the Supreme Committee, within twenty-four hours from the date of notification.
Upon receiving the response, the Secretariat-General shall submit a report to the Supreme Committee, including a briefing of what was published, the professional regulations and principles that have been violated, and their impact on the integrity of the election or referendum.
If the Supreme Committee finds the proven violation, it shall issued one of the following decisions:
1 – The reply of the media outlet is enough – if the outlet admitted the violation, and forcing it to publish an apology and a pledge not to commit any offense in the future, to be posted at the same times and space of the violating coverage.
2 - Obliging the media outlet to publish a critique of its editorial policy concerning what was published, to be written by the Supreme Committee, and shall be published in the manner it specifies.
3 - Obliging the media outlet not to publish any coverage whatever its form is; or an opinion poll for the election or referendum, during a period determined by the Supreme Committee and its decision is to be published in the manner it specifies.
The media outlet may be issued an order from the Administrative Court on a petition to cancel the decision of the Supreme Committee issued in this regard.
The provisions set forth in the Code of Pleadings on petition orders shall be applied.
The Role of the Civil Society Organizations
Civil society organizations – issued permits by the Supreme Committee - shall submit to the Secretariat-General of the Committee within fifteen days of the announcement of the final result of a referendum or an election, in a report documented with their observations and proposed opinions and procedures.
Regulation of the Referendum and Election Processes Election dates
The Supreme Committee shall issue a decision to specify the dates of election and referendum, to be determined within thirty days from the date of inviting voters to the polls.
The Committee may - if necessary - postpone the election or referendum in one phase or throughout the country or in a specific area, according to the circumstances.
Decisions issued on inviting voters to the polls and specifying the dates of election and referendum; or on the postponing and its causes shall be published in the official newspaper.
Formation of Committees and Sub- Committees
The ballot shall be held under the full supervision of the Supreme Committee. This Committee shall form the sub-committees that oversee the voting and counting, headed by a member of the judicial entities and bodies. The member may assume the leadership of more than one sub-committee. The sub-committees are to be combined without separations, in one polling station that allows actual supervision.
The sub-committees shall be supervised by general committees constituted by the Supreme Committee of the members of judicial entities and bodies, according to the rules and procedures set by the Supreme Committee.
It shall also appoint one or more principal secretary, and a sufficient number of alternates for each general or sub-committee and civil employees of the state, including a woman.
The Supreme Committee may utilize young men who have not attained the age of thirty and holders of university degrees to work in the sub-committees, according to the regulations it lays down in this regard.
The Supreme Committee - when necessary – has to appoint alternate members of the judicial entities and bodies to the heads of the sub-committees and the heads and members of the general committees. It may appoint principal and alternate members of these agencies and bodies in each governorate to help the general committees in supervising elections there, and take over the leadership of the polling stations or replace the head or members of the general committees when necessary.
The Absence of one of the Sub-Committee Staff
If one of the seconded staff, assigned to work with the subcommittee, is temporarily absent and work was obstructed because of this absence. The head of the subcommittee shall appoint someone to replace the absentee from among the staff thereto; if this is not possible, work of the subcommittee shall be halted. The election commission of the governorate shall appoint a seconded substitute of the absentee and add the halting duration to the balloting hours.
Ballot association is the building in which is the voting hall and the surrounding space. The head of the sub-committee determines this space, to facilitate the casting of ballot and ensure effective control over the ballot Association; until the accomplishment of the voting process with integrity and impartiality and without influence over voters.
The presence of the voter in the Association carrying a weapon, even if it is licensed, ammunition, explosives, fireworks, incendiary materials; or other tools or materials that expose individuals, establishments or property to damage or danger is prohibited.
Voting in the election or referendum is held over a day or more, and starts from nine in the morning until nine in the evening, with a break of an hour in accordance with the rules laid down by the Supreme Committee.
If there are voters within the ballot association campus who haven't voted until nine o'clock, a list with their names shall be written and the election or referendum process continues until they cast their ballot.
If the election is held over two or more days, and the time of the voting process was over on the first day, the head of the subcommittee shall announce the conclusion of this process, in the presence of the delegates or representatives who attend, with the following procedures:
1) Closing the box which includes the ballot papers safely.
2) Writing the minutes of the sealing procedure and recording the number of voters
3) Sealing the minutes of the sub-committee, the unused ballot papers and all other documents in one or more envelops, and then sealing the envelopes safely.
4) Keeping all boxes and papers at the premises of the sub-committee.
5 ) The polling station shall be locked and a red wax seal or any other safe means shall be placed over the lock. The polling station premises shall be guarded sufficiently
At the beginning of the following day, the head of the sub- committee, in the presence of the delegates and representatives, shall verify the seals on the polling station lock, the ballot boxes of the election or the referendum and the envelopes containing the papers. A minute shall be written on the procedures for removing the seals. The closing and opening minutes shall be attached to the documents of the sub-committee.
At the end of the second day, the head of the subcommittee shall announce the conclusion of the voting process then begins in the selection process.
The voter casts his ballot in an election or referendum by : ticking on the card prepared for that, and the head of the sub-committee shall verify by himself the identity of each voter, and then delivers her/ him the card or cards that are specified by the Supreme Committee, according to the electoral system or the subject of the referendum.
The card must be stamped with the seal of the sub-committee or the signature of its head, and the date of the election or referendum.
The voter shall step behind the curtain allocated for that in the polling room, and casts his ballot on the election card, and then he puts it in the box specified according to the procedures determined by the Supreme Committee.
If the voter is a one with special needs, in a manner that prevents him from expressing his own opinion by himself on the card, he may express his opinion verbally and privately before the head of the sub-polling station, which he (the head) confirms in the card.
The voter signs besides his name by his own handwriting or his thumb-print in the voters' list at the sub-polling station where all the names of the registered voters are listed, and the secretary of the sub-polling station signs in front of the name of the voter, who has voted.
The signatures of the voter and the secretary in the voter records are proof of the presence of the voter and of his receiving the card or cards prepared for that purpose, and that he has expressed his opinion in the election or referendum.
The Supreme Committee shall set the rules that ensure that the voter casts his ballot in an election or a referendum only once.
Verifying the Identity of the Voter
Nothing is accepted in verifying the identity of the voter except his national ID card or a passport that includes his national ID number.
Voting of Arrivals
In the cases of a referendum, the voter who is present in a governorate that is not the one of his residence; which is registered in his national ID, may cast his ballot before the polling station specified for that purpose in the governorate where he exists, and the Supreme Committee sets rules and procedures necessary to do so and to ensure the non-recurrence of the vote.
Invalidity of Vote
The executive regulations show the way to mark the ballot, so as to ensure secrecy of the vote, and the pencil is not permitted to be used in marking the voting paper.
Without prejudice to the penalties prescribed in this Law; the vote shall considered invalid if conditioned, or given to more than or less than the number required to be elected, or if the voter expressed his opinion on a card different from the card handed over by the head of the sub- polling station, or on a card with the voter's signature, or any other sign that reveals his personality, or violates the secrecy of the voting in any form.
And if the Supreme Committee develops a system of ballot whereby allocating a box for certain ballots, and the ballot for one of the boxes is impaired, the cards that are put in it have been damaged, or the votes it contained have been invalidated, this does not automatically affect the soundness of the voting process for the rest of the boxes or on the soundness of votes included; unless there are serious suspicions, to be determined by the Supreme Committee, that the referred flaw has affected the fairness or credibility of the voting procedures for the rest of the other boxes.
Counting in the Sub-polling Station
Each candidate shall have the right to delegate a representative to attend on his behalf the counting in the general and sub-polling stations. And he may allow the presence of representatives of the media and civil society organizations which are determined and issued permits by the Supreme Committee to follow up the voting and the counting.
The sub-polling station carries out the counting in its premises.
If there is a necessity to transfer the counting outside its premises, the head of the general polling station shall issue a decision to transfer the counting to one of the sub-polling stations or to the premises of the general polling station, after coordination with the Supreme Committee.
The counting takes place under the supervision of the head of the sub- polling station. If he has something that prevents him from doing that, the head of the general polling station shall appoint someone who replaces him from among the alternate heads of the sub- polling stations.
If the election is conducted for the individual system and the slate together, then the procedures of counting the boxes which comprise the voting cards by the individual system should be separated from those with voting cards by the slate, and a separate report of the procedures of counting shall be written for each of them.
In all cases, the report of counting should include a statement of procedures, where all objections made by delegates of candidates on the counting procedures are recorded, and the report shall be signed by the head of the sub-polling station who supervises the counting, and then shall announce the number of voters registered in the sub-polling station, the number of voters who casted their ballots, the number of valid and invalid votes and the number of votes obtained by each candidate or slate – according to the status- and he shall write a report including these numbers on which he signs and gives a copy of to those requesting it from the candidates or their delegate, and they sign in the report, which proves delivery.
After the end of these procedures, the head of the sub-polling station gives the counting reports, the envelopes that contain the ballots or expressing opinion, and all papers of the sub-polling station to the head of the general polling station.
Compilation of the Votes in the General Polling Station
The general polling station shall review the election or referendum papers delivered to it from heads of sub-polling stations.
Candidates or their delegates have the right to show objections before the general polling station on the soundness of the ballot or counting. The station issues decisions concerning these objections after deliberations behind closed doors among its members, and it issues its ruling by an absolute majority, and when the votes are equal, the side of the head is outweighed; then the he recites the station's decision and its reasons publicly.
If the election is conducted by the individual system and the slate together; the secretary of the general polling station shall issue a separate report for votes obtained by candidates in the individual system and another for the votes obtained by each slate.
In all cases, the secretary of the general polling station issues a compiled report of counting in two copies; in which he shall record the number of votes within the scope of the general polling station, and the objections made by delegates of candidates on the counting or addition processes in front of the general polling station, and the station's decisions shall be causative concerning the objections on which it issued a decision.
The report shall be signed by the head and members of the station and its secretary.
Then the head of the general polling station shall announce the number of voters registered within the scope of the general polling station, the number of voters, the number of valid and invalid votes, and the number of votes obtained by each candidate or slate, and shall write a record of these numbers that shall be signed by the head of the general polling station, and its copy is delivered to those who may ask for it from the candidates or their delegates, then they shall sign in the report to prove delivery.
Then the head of the station shall send the rest of papers aforementioned to the Supreme Committee, where a copy of the counting report shall be kept at the general polling station.
Voting of Egyptians Abroad
Every Egyptian living outside Egypt has the right to cast his vote in elections, when his name is registered in the voters' database, and carries a national ID card or a valid passport including the national ID number.
The Supreme Committee issues, according to recommendations from the Ministry of Foreign Affairs, a decision to determine the number and premises of polling stations abroad, and their formation of a sufficient number of members from the diplomatic and consular corps, and one or more principal secretaries for each committee of those working at the Ministry of Foreign Affairs.
Voting abroad starts prior to that held in Egypt, according to the rules and procedures set by the Supreme Committee, so as to ensure the non-recurrence of the ballot.
After the end of the voting process, the Election Commission shall carry out the numerical counting of valid and invalid votes, the number of valid votes obtained by each candidate and shall record them in a report signed by the head and secretary of the polling station.
The election papers, the voter register, the report, and the petitions that may be submitted, shall be sent to the Supreme Committee according to the procedures and the date it specifies.
Declaration of the Results
The Supreme Committee – only– declares the final results of election or referendum nationwide during the five days that follow the day in which the Supreme Committee receives all the papers of the general polling stations, and two days are added if complaints are presented to the Supreme Committee.
The Supreme Committee publishes the final results in the official newspaper and in two daily national newspapers widely circulated within two days maximum from the date of the Supreme Committee's declaration of the final results.
The head of the Supreme Committee shall send the candidate a certificate of success in the election within one month of the publication of the results.
Ruling of Delisting a Candidate and the Complaint from Procedures of Voting and Counting
Delisting a Candidate
If it is proven to the Supreme Committee that a candidate has committed a violation of the regulations prescribed in the Constitution, the law or the decisions of the Supreme Committee on electoral propaganda; the head of the Supreme Committee has to submit a request to the Supreme Administrative Court to delist that candidate from the final list of the constituency, on condition that it shall include the facts, evidences and documents supporting the candidate's committing a violation.
The clerk of court shall notify the candidate or his delegate to the Supreme Committee of the request, during the twenty-four hours starting from the date of submitting the request.
The candidate has the right to read the request and its attachments, and attach whatever he wants: defense memorandums and documents, during the twenty-four hours following the end of the time determined for notification.
These dates do not extend due to holidays or distance.
Taking into account to ensure the right to defense, the court shall adjudicate on the request expeditiously, and it has the right to adjudicate on it without the hearing or without submitting to the Board of State Commissioners, when papers are enough to adjudicate on the request.
The Court shall issue its ruling concerning the subject of the request, either by refusing it or by delisting the candidate's name from the final list of the constituency.
If a ruling is issued by delisting the name of the candidate according to the ruling of the previous article, and the judgment was issued before the start of the voting process, voting procedures are to be completed after the exclusion of the candidate.
But if the voting process began, before the adjudicating of the delisting request, the voting procedures shall be continued, and the Supreme Committee has to stop the announcement of the election results in which the candidate's name is required to be removed if he holds a number of votes that allow to declare his victory or re-election with others; if it was adjudicated to delist his name, the elections shall be repeated among the rest of the candidates after the exclusion of his name from the election card.
However, if this candidate has obtained a percentage of valid votes that does not allow the declaration of his victory or re-election, if the Supreme Committee sees that his exclusion will affect the distribution of votes for other candidates, it shall suspend the announcement of the result and presents it to the Supreme Administrative Court, with a request accompanied by documents, and the clerk of court shall notify the candidates concerned of a copy of the request with a registered letter with receipt of acknowledgment within twenty-four hours from the date of submitting the request and they have the right – even if they are many - to read the papers within the twenty-four hours following the period of notification.
These deadlines do not extend due to holidays or distance.
If the court finds that the percentage of votes obtained affects the final results of the elections in the constituency in any aspect, it shall order holding a new election between the other candidates after the exclusion of the name of this candidate. If it sees that this percentage is not affecting the final results, it shall order the declaration of the election final results.
Taking into account to ensure the right to defense, the court shall adjudicate on the request expeditiously, and it has the right to adjudicate without the hearing or without submitting it to the Board of State Commissioners, when papers are enough to adjudicate on the request.
The Supreme Committee shall publish a briefing of this ruling in the official newspaper and in two daily national newspapers widely circulated.
The Mandatory Grievance of Balloting and Counting of Votes
The persons concerned may lodge grievances against any electoral balloting or counting procedure.
The grievance shall be submitted, together with the documents, to the competent General Committee during the ballot or not later than twenty-four hours after the announcement of the General Committee of the counted votes in the constituency. The grievance shall be recorded in a special register, and the appellant shall be provided with a receipt upon its submission.
The General Committee shall send the grievance, once registered, to the Supreme Election Committee, accompanied by any observation that may be deemed appropriate.
The Supreme Election Committee, with its full formation, shall consider the grievances, and issue its decision with reasons within forty-eight hours of submission, taking into account balancing considerations of justice and legality, and the requirements of the integrity and impartiality in voting and counting votes.
The Supreme Committee may decide on the subject of the grievance, either by refusing or wholly or partially nullifying the elections of the concerned constituency. As soon as substantial defects proved to affect the impartiality or the legitimacy of any measure of voting or counting processes if there is a probability that the final outcome of the sorting out does not reflect the free will of the voters, or that without this defect, the result would have changed the result of the election.
In this case, the dates of carrying out elections shall be announced.
The Supreme Committee shall notify the appellant of its decision, with a registered letter with receipt of acknowledgment, within twenty-four hours from the date of issuance.
The Supreme Committee shall issue its ruling on grievances in the state-owned radio and television channels, in a way determined by the Supreme Committee. The deadlines mentioned therein shall not be extended due to official holidays or distances.
The lawsuits concerning voting or sorting out votes shall not be accepted before lodging grievances to the Supreme Committee in accordance with the procedures of Article (54) mentioned herein.
Without prejudice to a severer penalty prescribed in any other law, the following acts shall be sentenced to the penalties prescribed in the articles hereunder.
Any person whose name is recorded in the electoral register and fails to vote in the election or referendum without excuse shall be liable to a fine not exceeding five hundred pounds.
Whoever uses force or violence against any of those mentioned in Article (71) of this Law, with the aim of preventing him from performing the work entrusted to him, or compelling him to perform it in a certain manner, but fails to attain his aim, shall be sentenced to imprisonment for a period not exceeding five years.
If the offender attains his aim, imprisonment shall be the penalty. If the offender acts with physical violence causing a wound resulting in a permanent disability, rigorous imprisonment shall be the penalty, and if the physical violence leads to death, the penalty shall be lifetime imprisonment.
Whoever threatens any of those mentioned in Article (71) of this Law, with the aim of preventing him from performing the work entrusted to him shall be sentenced to jail for a period not exceeding two years. If the threat results in a deficient performance of the work, the offender shall be sentenced to jail.
Whoever insults any of those mentioned in Article (71) of this Law, whether by gesture or verbally, during or because of performing his work, shall be sentenced to jail
Whoever uses any bullying or intimidating method with the aim of affecting the reliability of the electoral process or referendum procedures but does not attain his aim, shall be sentenced to jail for a period of not less than two years. If he attains his aim, he shall be sentenced to jail for a period of not less than two years and not more than five years.
Whoever deliberately destroys or damages something in any of the buildings, establishments, or the means of transport being used or provided for use in the election or referendum with the aim of obstructing the process, shall be sentenced to jail as well as to pay the value the of property he has demolished or damaged.
Whoever steals, hides, or damages the voters' database or a part of it; the ballot paper or any other paper connected with the election or referendum process with the aim of altering the genuine results thereof, or for any other purpose requiring a repeat of an election or referendum or its discontinuation, shall be sentenced to jail.
Whoever deliberately records or deletes, by himself or by another person, his name or another person's name in the voters' database, contrary to the provisions of the law, shall be sentenced to jail.
The following shall be sentenced to jail for a period of not less than one year and not more than five years, and a fine of not less than ten thousand Egyptian pounds and not exceeding one hundred thousand Egyptian pounds:
Whoever uses force or threat to prevent a person from voting in an election or referendum or to compel a person to vote in a certain way.
Whoever gives another person or offers or undertakes to give him a benefit for himself or for a third party in order to motivate him to refrain from voting or to vote in a certain way. The Chairman of the Supreme Committee shall have the right to nullify the votes resulting from such offense.
Whoever accepts or demands such a benefit for himself or for a third party.
Whoever knowingly spreads or propagates false statements or news on the subject of the election or referendum or on the conduct or character of one of the candidates with the aim of influencing the election or referendum result.
If these statements or news are propagated at a time when the voters cannot ascertain the truth, the fine shall be doubled.
Whoever prints or handles, by any means, ballot papers or other papers used in the electoral process without permission from the competent authority.
A candidate benefiting from the offenses mentioned in abovementioned paragraphs shall be sentenced to the same punishment of the principal offender should he be proved to have known and approved of the committing of such acts. Moreover, the Court shall sentence him to be barred from running in the representative elections for five years from the date of the criminal sentence becoming peremptory.
The following shall be sentenced to jail for a period of three to fifteen years:
Whoever votes in an election or referendum while knowing that he has done so without due right
Whoever votes while assuming another person's identity.
Whoever participates in the same election or referendum more than once.
The Chairman of the Supreme Committee shall have the right to nullify the votes resulting from the committing any of the offenses stipulated in this Article.
Whoever snatches, damages, or changes the ballot box, or tampers with the ballot papers contained therein, shall be sentenced to jail.
A person shall be punished with a fine of not less than thirty thousand Egyptian Pounds and not more than one hundred thousand Egyptian Pounds; in case of:
First: launching any act of electoral campaigning in violation of the deadline specified in Articles 24 and 30 or in Article 37, paragraph 5, item 3 thereof.
Second: spending on electoral campaigns from non-recorded money in the bank account specified by the Supreme Committee.
Third: launching electoral campaigns in violation of the regulations mentioned in Article 31 thereof.
Fourth: violating the prohibition mentioned in Article (34) thereof. In addition to fine, the Court may adjudicate the removal of the perpetrator from his job for five years; whenever his act changes the results of the election.
Fifth: accepting a donation exceeding such mentioned in Article 26 thereof.
The court shall adjudicate to confiscate the money exceeding such donation.
Whoever commits an act in violation of the provisions of Article (35) of this Law shall be sentenced to imprisonment and a fine of not less than one hundred thousand Egyptian pounds and not more than one million Egyptian pounds.
The court shall rule the confiscation of the funds subject of the crime.
Whoever attempts the offenses prescribed in this law shall be sentenced to the same penalties stipulated for complete offenses.
The authority of Judicial Arrest Officer in the offences mentioned in this law shall be granted to:
1. The Chairman and the members of the Supreme Committee.
2. The Chairman and the members of the Secretariat-General.
3. The Chairman of the Election Committee in the governorates and its members from the judicial agencies and bodies.
4. The head and the members of the General Committee.
5. The head of the sub-committee.
Legal proceedings, criminal, civil or disciplinary, arising from any of the crimes stipulated in this Law shall not abate or the penalty drops by the lapse of time.
The Public Prosecution shall be responsible for investigating crimes stipulated in this Chapter and may order the provisional detention of the accused pending investigation until referral to a criminal trial.
The General Assembly of every Court of Appeal or Court of First Instance shall be responsible for determining one or more circuits for hearing and expeditiously ruling on electoral offenses.