Decree No.(161) of 2013 on adopting the standards and controls for municipal council elections

Cabinet Decree No. (161) of 2013

adopting the standards and controls for municipal council elections

The Cabinet

Upon review of:

• The Constitutional Declaration, and the amendments thereof;
• The Code of Civil and Commercial Procedure, and the amendments thereof;
• Law No. (6) of 2006 on the judiciary, and the amendments thereof;
• Law No. (59) of 2012 on the system of local administration, and the executive regulations thereof;
• Law No. (9) of 2013 amending Law No. (59) of 2012 on the system of local administration;
• The proposal of the Minister of Local Governance in his Letter No. (899), dated 02/04/2013;
• The Cabinet Affairs Secretary’s Letter No. (1189), dated 11/04/2013;
• The decision of the Cabinet in its thirteenth regular session of 2013;

has decreed:

Article (1)

The standards and controls for municipal council elections appended to this decree shall hereby be adopted.

Article (2)

This decree shall enter into force from its date of issuance, the concerned entities shall implement it, and it shall be published in the Official Gazette.

The Cabinet – Libya

Issued on 1 Jumada al-Akher 1434 AH

Corresponding to 11/04/2013 AD

Regulation of the standards and controls for municipal council elections

appended to Cabinet Decree No. (161) of 2013

Chapter (1)

Article (1)

Definitions

The following words and phrases shall carry the meanings corresponding to them below unless the context indicates otherwise.

1. The Central Committee: The Central Committee for Local Elections, which shall be responsible for organising, administering, and overseeing elections and for taking all necessary measures to ensure the fairness and integrity of the electoral process.
2. The Subcommittee: The Subcommittee shall oversee municipal council elections in the municipalities.
3. The Minister: The Minister of Local Governance.
4. Elections: The process of electing the members of the municipal councils in accordance with the provisions of this regulation.
5. Municipality: The unit of local governance in a particular geographic area.
6. Council: The municipal council, comprised of a number of members in accordance with the provisions of Law No. (59) of 2012 on the local administration system and the executive regulations thereof.
7. Electoral District: Every municipality shall be considered one electoral district.
8. Voter Register: The final list prepared by the Central Committee for Elections including the names and data of voters who have the right to vote, to be used for electoral purposes.
9. Voter: Every citizen recorded on the voter register.

10. Resident: A Libyan citizen residing within the limits of the municipality and recorded in the civil registry, as per the information found in the family book.

11. Candidate: Every citizen who puts himself forward to fill a seat in the municipal council.

12. The Poll: The process by which voters cast their votes.

13. Polling Centre: The place where citizens go to cast their votes and which includes a number of stations.

14. Polling Station: The place that contains a ballot box, ballots, and the team overseeing the ballot box, located within the polling centre.

15. Polling Officer: One of the workers at the polling centre.

16. Ballot: A standardised paper designed and issued by the Central Committee for Elections in utmost secrecy, used for the purpose of voting.

17. Ballot Box: A transparent box that is closed in accordance with international standards, with a single opening that only allows for a single folded ballot to be inserted at a time.

18. Monitors: Persons and national or international bodies accredited by the Central Committee to monitor and report on the electoral process.

19. Candidate Representative: Persons put forth by the candidate and accredited by the Central Committee to monitor the electoral process.

20. Voting System: The voter has the right to vote for three candidates (from the women’s category, the category of revolutionaries with special needs, and the general category).

21. Relative Majority System: The electoral system in which the candidate who obtains the highest percentage of valid votes in the electoral district wins.

Chapter (2)

Introductory Provisions

Article (2)

The Central Committee shall take the necessary measures for the elections of the municipal councils and prepare for them in such a way as ensures that they are free and fair. In particular, it shall undertake the following:

1. Organise, administer, oversee, and monitor the electoral process.
2. Register voters, prepare voter registers, and determine the conditions and criteria for being recorded in these registers.
3. Designate template forms for accepting candidacy applications, and register candidates.
4. Designate the polling centres.
5. Prepare for and implement the processes of polling and vote counting.
6. Approve and announce the results of the local elections.
7. Issue accreditation cards for election monitors, candidate representatives, and media professionals, and facilitate their work.
8. Determine the dates for local elections.
9. Set the estimated budget necessary for the electoral process, and present it to the Minister of Local Governance to take the necessary measures to adopt it.

10. Issue the technical regulations organising the elections.

Article (3)

The Central Committee for Elections shall determine the date of the elections in the electoral districts. According to the circumstances, it may decide to bring forward or postpone the date of the elections for one or more municipal council, if needed.

Article (4)

The members of the municipal councils shall be elected by a secret, general, direct vote in the administrative area of the municipality, in accordance with the provisions of Law No. (59) of 2012 on the system of local administration, the executive regulation thereof, the present regulation, and established international standards. It shall not be permissible to vote via proxy.

Article (5)

The members of the municipal councils shall be elected based on the majority system and the voting system, in which the voter has the right to vote for three categories of candidates and the candidates who win seats are those who obtain the highest number of votes within the district. In the case that two or more candidates obtain the same number of votes, lots shall be drawn to decide between them.

Article (6)

Every municipality shall be considered one electoral district.

Chapter (3)

Voter Registration

Article (7)

The Central Committee for Elections shall prepare and organise the voter register, determine the conditions and criteria for being recorded in it, and review its data in accordance with the following:

1. Registration is a right of every Libyan residing within the area of the municipality, whose name is included in the civil registry offices by family book, and who meets the conditions for voters.
2. The Central Committee shall register voters in accordance with the provisions of this regulation.
3. Every person who meets the conditions shall have the right to request that his name be recorded on the preliminary voters list, and he may verify that his name has been recorded if it does not appear on the list.
4. No voter’s name shall be included on a voters list other than that prepared for the electoral district in which he resides.
5. No person shall be registered on a voters list unless he meets the required conditions for voters and completes the registration in person.

Article (8)

1. The Central Committee for Elections shall prepare the preliminary voters list prior to the date set for the electoral process, by checking the accuracy of the list, allowing for the registration of new voters, and announcing the list so that objections to it can be presented.
2. The Central Committee may seek the assistance of the Civil Status Authority or other bodies in checking the accuracy of the preliminary voters list. The list shall include the following data for every voter:
3. Full name.
4. Mother’s full name.
5. Sex.
6. Date and place of birth.
7. Permanent place of residence, according to what is recorded in the family book or according to a certificate issued by one of the civil registry offices stating that he has been listed in the area of the district in which he intends to register.
8. Personal identification card number, passport number, or new national identification number, and record number in the civil registry.
   1. The processes of preparing the preliminary voters list shall occur in a public manner, such that local and international monitors and press and media professionals are able to monitor and examine them.

Article (9)

1. Anyone whose name does not appear on the preliminary voters list, and anyone whose record includes incorrect data, may present an objection to the Committee Registration and Polling Centre to include his name or correct his data on the list. Any person may also object to the registration of another person who does not have the right to vote.
2. Objections shall be presented in writing, and be accompanied by evidentiary documents, within three days of the date of publication of the preliminary voters list.
3. If the objection is related to the registration of another person on the voters list, the objection shall not be decided upon before the other person, or a person representing him, is informed of the matter so as to be able to present his defence on the matter.
4. Every Committee Registration and Voting Centre shall settle objections within one day, and their decisions may be appealed before the Electoral District Committee.
5. Decisions of the Electoral District Committee may be appealed before the Central Committee for Local Elections.
6. Corrections to the preliminary voters list shall be made in light of what is decided by the subcommittee regarding objections presented to it. If decisions of the subcommittee are appealed, the corrections shall be made in accordance with what is decided by the Central Committee.

Article (10)

All those who have the right to vote and whose names do not appear in the preliminary voters list may present a request to register their names to the Committee Registration and Voting Centre under whose jurisdiction he falls within the legal period for objections. In addition to the requirements for registration, the request must include the following:

1. A declaration that the presented information is true and correct.
2. The date on which the request is submitted.
3. The signature of the person presenting the request.

After verifying the correctness of the data included in the request referred to in Paragraph (1) above, the Committee Registration and Voting Centre shall include the name of the person submitting the request on the voters list.

Article (11)

Anyone who has an interest in doing so may object to any decision issued by the subcommittee before the Central Committee for Local Elections within three days of the date on which he was informed of the decision.

The Central Committee shall settle objections presented to it within three days of the date on which they were submitted. Its decisions may be appealed in court.

Article (12)

After the period designated for objections or appeals expires, and the final adjudications are made for all objections submitted regarding the preliminary voter lists, these lists become final and voting shall take place according to them.

Each subcommittee shall publish the final voters list that corresponds to it in its headquarters for the public to view. It shall send copies of the list to the Central Committee.

Article (13)

The Central Committee shall prepare the general register of voters, based on the final voters lists submitted to it by the subcommittees.

All citizens shall have the right to view the general register of voters, and the Central Committee shall facilitate this for citizens.

Chapter (4)

The Right to Vote

Article (14)

Those who exercise the right to vote must meet the following conditions:

1. They must be of Libyan nationality and enjoy all of their civil rights, unless the deprivation is due to a political case against the former regime.
2. They must be fully competent and at least eighteen (18) years of age as of the day of the poll.
3. They must be recorded in the final voter register for the district in which they shall exercise the right to vote.

Article (15)

1. The Central Committee for Elections shall establish the controls and mechanisms for candidacies and designate candidacy application forms and the dates for submitting them.
2. Candidacy applications shall be submitted to the subcommittee for elections on the dates designated by the Central Committee. They shall be accompanied by the supporting documents stipulated by Law No. (59) of 2012 on the system of local administration, the executive regulation thereof, and the provisions of the present regulation. The subcommittee shall verify that the prescribed conditions are met by all candidates on the list, and it shall have the right to request clarifications and documentation from candidates as necessary.

Chapter (5)

Candidacies

Article (16)

Anyone who participates as a candidate for membership in the municipal councils must, in addition to meeting the conditions stipulated by Law No. (59) of 2012 on the system of local administration, meet the following conditions:

1. He must not be a member of the Central Committee for Elections or of one of its subcommittees.
2. He must meet the standards and criteria of integrity and patriotism, in accordance with the legislation in force.
3. He must not be among the members of judicial bodies or affiliated with the national army or statutory bodies.

Article (17)

If the subcommittee learns that a candidate does not meet the required conditions, it must notify him of this, and the committee shall remove his name from the list.

In all cases, care must be taken to replace the candidate with a candidate from the same category.

Article (18)

No person may participate as a candidate for more than one municipal council. If he does so, his candidacy shall be considered void.

Article (19)

Voter [sic] Registration

1. Candidates for membership in the municipal councils must register with the subcommittee for elections in the electoral district as fulfils the conditions for voter registration.
2. Registration of candidates shall begin on the date determined for this by the Central Committee in accordance with the criteria issued in this regard.
3. Those who stand as candidates must make a non-refundable deposit of one hundred dinars to the account of the subcommittee.
4. Presidents and members of local councils who wish to participate as candidates must resign from their positions and attach their resignation to their candidacy application.
5. Candidacy applications shall be submitted to the subcommittee using the relevant form, in accordance with the procedures adopted and announced by the Central Committee. The candidacy application must include the candidate’s full name, age, and address, the number under which his name was registered on the voter list, and his signature.
6. The subcommittee shall register the candidacy applications that are submitted to it and issue a statement to each candidate including the time and date at which he submitted his application and his registration number with the subcommittee. It shall refer the list of candidates to the Central Committee.
7. If the application fulfils the conditions stipulated by this regulation, the subcommittee shall decide to accept it. Candidacy applications that do not meet the conditions stipulated by this regulation may not be accepted. In the event that an application is rejected, the subcommittee must indicate the reasons for this in writing and in detail.
8. The application shall be considered to have been accepted if the subcommittee does not inform the applicant of a decision to reject it within three working days of the date on which the application was submitted to it.

Article (20)

Every person who presents a candidacy application that is rejected by the subcommittee, as well as anyone who presents an objection to the candidacy of another person that is rejected by the subcommittee, may appeal the subcommittee’s decision before the Central Committee within three days of the date on which he is informed of the decision. The Central Committee must adjudicate on the appeal within five days of the date on which it is submitted.

Article (21)

1. The Central Committee shall publish a final list of the names of candidates prior to the day designated for the poll. This list shall include the full names of the candidates and the electoral districts in which they will compete for seats on the municipal council.
2. The list shall be published in all available media outlets, as well as in the offices of the subcommittees and on the website of the Central Committee.

Article (22)

1. All candidates may appoint one or more representatives as monitors in the various phases of the electoral process, and particularly during the polling and vote counting.
2. The names of these representatives shall be registered with the subcommittees, which shall issue statements to them with the name of each accredited representative prior to the date of the poll.

Chapter (6)

Organisation of Electoral Campaigns

Article (23)

The Central Committee shall announce the period for candidates’ electoral campaigns in the available official media outlets, and determine the criteria for and places where campaign posters may be placed throughout the designated period, in agreement with the local authorities.

Every candidate shall have the right to express his opinion and present his electoral program, as does not violate public order.

In all cases, all activities related to electoral campaigning must end twenty-four hours prior to the day of the poll.

Article (24)

The Central Committee for Elections shall determine the criteria and specifications for campaign material. The use of public media outlets to carry out electoral campaigns shall be based on equality and equal opportunities for all candidates included on the list. The Committee shall establish rules and procedures for electoral campaigns to ensure that all candidates receive equal time on private programming and how times on the various media outlets shall be allocated.

Article (25)

Any candidate may publish electoral campaign materials in the form of pamphlets, posters, or newsletters.

The available electronic media outlets may be used for the purposes of electoral campaigns.

Article (26)

Candidates shall be prohibited from the following:

1. Organising electoral campaigns in places of worship, universities, scientific institutes, public and private schools, and buildings used by ministries, departments, and public institutions or those which fall under the oversight of the state. Workers in state institutions are likewise prohibited from carrying out electoral campaigns for any candidates in their places of work.
2. Carrying out acts or using any data that leads to the obstruction of the electoral campaign of another candidate.
3. Defaming or slandering other candidates.
4. Placing electoral posters and signs in any public place or location other than those allocated for this purpose by the committees of the electoral districts.
5. Using state emblems in publications, advertisements, or any kind of electoral writings, drawings, or pictures.
6. Resorting in electoral campaigns to anything that includes any incitement against or discrediting of other candidates or provocation of racial, tribal, or familial tensions between sectors of citizens.
7. Disrespect for public order and morality.
8. Carrying out acts or using any data that leads to the obstruction of the electoral campaign of another candidate [sic].
9. Presenting in-kind or material gifts or any other benefits for the purpose of buying votes or influencing voters.

10. Using expressions that constitute incitement to the commission of crimes or undermining public security, or using expressions calling for hatred or discrimination.

11. Funding electoral campaigns through money or aid from a foreign country or entity, or conducting the campaign through foreign media outlets.

12. Receiving any government support or using any government materials.

13. Resorting to anything that includes any incitement against or discrediting of the other candidates or provocation of tribal tensions [sic].

Article (27)

The Central Committee for Elections shall determine a ceiling for the amount that may be spent on each candidate’s electoral campaign activities, and each candidate shall identify the sources of funding for his electoral campaign.

Article (28)

The subcommittee shall verify the compliance of candidates with the provisions of the previous two articles. It may decide to cancel the candidacy or the election results for a candidate if it becomes clear to it that he has violated these provisions, and in such a case the votes shall be recounted in accordance with the regulations in force.

Article (29)

Every candidate shall present a detailed statement to the subcommittee including the total revenues that he obtained, their sources, their nature, and what he spent of them on the electoral campaign, within fifteen days of the date on which the result of the election is announced.

Article (30)

The Central Committee shall designate the period for electoral campaigning, which must end twenty-four hours prior to the date of the poll. All campaign activities or actions are prohibited on the day prior to the day of the poll and on the day of the poll itself.

Article (31)

1. Every subcommittee must prepare a list of the public sites and places within the district that are to be designated for the holding of election rallies, meetings, and marches. In this list, every committee must also determine the public places and sites where electoral posters and banners may be hung.
2. The subcommittees shall submit the lists that they have prepared to the Central Committee for approval and adoption.

Article (32)

The Central Committee shall set the criteria for raising awareness about the elections and issue educational brochures and advertisements to encourage voters to participate in the elections. In particular, it shall issue the following publications:

1. An informational bulletin aimed at voters about the present regulation and how to register, vote, and file objections.
2. A bulletin for members of the police and security forces about how to act during the period of electoral campaigns, the poll, and vote counting.
3. A bulletin for elections monitors about the polling centres, their number, and their distribution, and how to act in cases when a flaw in the electoral process is discovered.
4. A bulletin for candidates for membership in the municipal councils stating the public places and sites in the electoral districts where posters and signs may be hung.

Chapter (7)

The Poll and Vote Counting

Article (33)

The Central Committee shall determine the procedures for the process of polling and vote counting in the polling stations and centres.

Article (34)

The voter shall cast his vote in full secrecy, and the voter shall place his vote for a candidate into the box designated for this. Those with special needs who are unable to indicate their votes on the ballots or to express them verbally, as well as illiterate persons, may be accompanied by an aide to help them, following the approval of the head officer of the polling centre.

Voting may not take place through representation nor by correspondence.

Article (35)

1. The Central Committee shall prepare specific, distinctive ballots that are difficult to imitate, that are clear and easy to understand, and that preclude any ambiguity or confusion on the part of the voter.
2. The ballots for the election of members of municipal councils in the districts shall include the full names of the candidates and the name of the electoral district.
3. The ballots shall include next to the name of each candidate a place to make a mark to indicate the candidate that the voter has chosen.
4. The order of the names of the candidates on the ballot shall be according to the date and time at which they submitted their candidacy applications.

Article (36)

1. In every polling centre, a number of isolated spaces or the like shall be allocated to allow every voter to vote in full secrecy.
2. The Central Committee shall determine the specifications of these spaces and the number of such spaces to be provided in each polling centre according to the number of voters registered to vote in each centre, and it shall determine the specifications thereof.

Article (37)

1. In each polling centre, four copies shall be provided of the final list of voters registered to vote in that centre.
2. One copy of the voters list shall be hung in a visible place within the polling centre to be viewed by voters, monitors, and candidates. The other copies shall be used by the committee of the polling centre to carry out, verify the accuracy of, and organise the voting process.
3. The voter lists shall be published on the website of the Central Committee.

Article (38)

1. The Central Committee shall prepare the specifications for the forms for the records that must be available to the committees of the electoral districts and the committees of the polling centres.
2. All incidents related to the electoral process throughout its various phases must be registered on these records in a detailed and precise manner, and they shall be signed by the competent officials in each committee.

Article (39)

1. The Central Committee shall determine the shape and type of the seal that shall be used by all committees in all electoral processes.
2. The abovementioned seal must be designed in such a way that it is difficult to imitate, and it shall be kept by the relevant committees in an appropriate place.

Article (40)

The Central Committee shall prepare for the polling and vote counting procedures in accordance with the provisions of this regulation and in observance of established international standards.

Article (41)

The day of the poll shall be considered an official holiday within the area of the electoral district.

The poll shall begin at precisely eight o’clock in the morning on the day designated for the election, and it shall close at precisely eight o’clock in the evening on that day.

The Central Committee may extend the polling period based on a request from the head officer of the polling centre, as long as the extension does not exceed two hours and is limited to the polling centres where an extension is necessary and to the people who are present within the area of the polling centre.

Article (42)

1. The head of the polling centre committee shall be responsible for maintaining security and order within the polling centre.
2. A number of police officers in official uniform shall be present outside of the polling centre and in the area surrounding it in order to implement requests of the head of the polling centre committee. None of these officers shall be present within the polling centre except at the request from the head of the committee and only for the period necessary to maintain security and order, as determined by the polling centre committee.
3. The police shall maintain the security of the electoral process and the security of citizens, without undermining the fairness of the elections or violating the provisions of this regulation or the rights of voters.
4. All persons who are not members of the police wearing official uniform are prohibited from carrying any firearm or other weapon or tool, the bearing of which is punishable by law, within the polling centre or at its entrances.
5. Police officers shall not enter polling centres on the day of the poll or during the vote counting, except for the purpose of voting or based on a request by the head of the polling centre committee as stated in Paragraph (2) above. When voting, they shall not enter the polling centre with any weapon.
6. Police officers tasked with providing security for the elections shall work in full and direct coordination with the Central Committee, the electoral district committees, and the polling centre committees.

Chapter (8)

Results

Article (43)

1. Immediately upon the conclusion of all polling and vote counting procedures, the heads of the polling centre committees shall personally submit all records attached to a report about the measures that were taken and the results that were obtained to the subcommittee.
2. The persons mentioned below may monitor the process of gathering and preparing the preliminary results in the electoral district:
   1. Members of the Central Committee, official guests, those thus authorised by the Central Committee, and the subcommittee and its officers.
   2. The candidates.
   3. Accredited representatives and deputies of the candidates.
   4. Officially accredited local and international monitors.
   5. Accredited journalists and media professionals.
   6. The subcommittee shall send the election results to the Central Committee, which shall collect them and publish them in the electoral districts as preliminary electoral results.

Article (44)

1. Upon receipt of all of the records, the papers and materials attached to them, and the reports drafted by the subcommittees, the Central Committee shall verify the validity of the counts from the polling centres and the electoral districts and announce the results of the final vote count.
2. This shall take place in an open manner. No one other than the persons mentioned in Article (43), Paragraph (2) of this regulation shall be permitted to attend this process.
3. The Central Committee shall study all reports of the subcommittees and decisions issued by them regarding objections submitted by candidates or their representatives or deputies, and it shall correspond with them or hear the statements that they wish to make.
4. If the Central Committee learns that violations have been committed during the voting processes in any of the polling centres that may impact the results of the elections, it may decide to call for new elections in the centres in which the violations occurred within ten days of the date on which the process of the final vote count ended. In such cases, the new election shall be limited to the centre or centres where the breach occurred, the right to participate shall be limited to the voters registered in said centre or centres, and the right to participate as a candidate shall be limited to the names that were included on the final list of candidates.
5. Immediately upon the Central Committee’s completion of the abovementioned procedures, it shall announce the final results of the election.
6. The announcement of the final election results shall include the following:
   1. The total number of voters registered on the final voter lists.
   2. The number of voters who participated in the poll and who cast their votes, according to the record of voters.
   3. The number of ballots that were found in the ballot box.
   4. The number of valid ballots, the number of invalid ballots, and the number of blank ballots.
   5. The names of the candidates and the number of votes obtained by each, in descending order.
   6. The date and time at which the final vote count was conducted.
   7. The signatures of the president and members of the Central Committee.

Article (45)

The candidates and their deputies or representatives may appeal the decisions issued by the Central Committee within two days of the date on which the final election results are published.

Article (46)

1. The candidates who obtained more votes than others within a particular district shall win the seats designated for that electoral district.
2. Seats designated for women and revolutionaries with special needs shall be filled by the candidates for these categories who win the highest number of votes, in addition to the seats that they may obtain from obtaining the highest number of votes in the regular contest.
3. If the number of votes obtained by two or more candidates is the same, lots shall be drawn to decide between them.
4. The Central Committee shall issue official certificates to the winning candidates.

Article (47)

The Central Committee shall have the right to annul the results of the electoral process if it is proven that it was marred by fraud, manipulation, or an act that undermines the results of the electoral process.

Article (48)

The Central Committee shall prepare and announce the final results and publish them in one of the official media outlets, as well as in the Official Gazette and the local daily newspapers. It shall be possible for the public to obtain the final detailed lists.

Chapter (9)

Electoral Crimes

Article (49)

The prescribed penalties shall be imposed on any person who:

1. Casts his vote under the name of another person.
2. Casts his vote more than once.
3. Casts his vote in the elections with knowledge that he was not eligible to do so.
4. Uses coercion or threats to prevent a voter from casting his vote or to influence voters.
5. Provides another person, or offers or commits to provide him, with a benefit for himself or for another person, in order to cause him to abstain from voting or to cause him to vote in a particular way.
6. Accepts from another person or requests a benefit for himself or for another person in exchange for voting.
7. Publishes or spreads false statements or news on the subject of the elections or the conduct or morals of one of the candidates with the intent of influencing the result of the vote.
8. Commits any act or acts related to the printing or circulation of voting cards or papers used in the electoral process without the permission of the Central Committee.
9. Eliminates, conceals, or alters voter registers, ballots, records, or software.

10. Defrauds or falsifies vote counting or the calculation of ballots.

11. Violates the secrecy of voting or obstructs any part of the poll.

12. Conceals, misappropriates, or destroys any document related to the electoral process with the intent of influencing the result.

13. Insults or resists any person working with the Central Committee while he is performing his work.

14. Carries a weapon, visible or concealed, within polling centres or offices or committees affiliated with the Central Committee, or in the areas surrounding them.

15. Uses force or threats against any of those responsible for the electoral process.

16. Damages public buildings, facilities, means of transport, or equipment to be used in the elections with the intent of obstructing the electoral process. The prescribed penalties shall include payment of the value of the damages.

17. Abuses his position to influence the results of the electoral process.

18. Receives material support from a foreign entity, directly or indirectly, for his electoral campaign.

19. Uses public means or materials in an electoral campaign.

20. Violates the instructions issued by those responsible for the electoral process.

21. Uses expressions that constitute an incitement to crimes or undermining public security, provoke hatred or discrimination, express regionalism or tribalism, harm public morality, or violate the honour of certain candidates or voters.

22. Exceeds the ceiling set for spending on electoral campaigns determined by the Central Committee.

23. Commits any act that may obstruct the electoral campaign of another candidate.

24. Campaigns via foreign media outlets, with the exception of websites belonging to him.

25. Commits an act considered to be part of an electoral campaign on the day of the poll or prior to it by twenty-four hours.

26. Uses places of worship, public premises, of educational institutes for an electoral campaign.

Chapter (10)

General Provisions

Article (50)

Prior to assuming membership in the council, the elected member of a municipal council shall submit a declaration of financial disclosure for himself, as well as for his wife and children. It shall include a full statement of their movable and immovable property.

Article (51)

Civil society institutions and the relevant regional and international organisations accredited by the Central Committee, as well as candidates’ representatives, shall monitor the electoral process. The Central Committee shall facilitate their functions so as to allow for the greatest credibility of the free and fair nature of the elections.

Article (52)

The Central Committee shall establish the necessary procedures to implement the provisions of this regulation. These procedures shall include a system for voter registration, a system of candidacy procedures, a system for electoral campaigns, a system for candidates’ representatives and local and international monitors, and a system of procedures for polling, vote counting, and announcing the results. These shall all be issued through decrees of the Central Committee.

Article (53)

All competent entities shall, each within their mandate, implement the provisions of this regulation and provide all assistance and required support to implement the electoral process.

The Cabinet — Libya