Decree No. (19) of 2012 on approving the voter registration regulation

High National Elections Commission

Decree No. (19) of 2012 AD

on approving the voter registration regulation

The Commission Chairman,

Upon review of:

• The interim Constitutional Declaration issued on 03 August 2011 AD and amendments thereto;

• Law No. (3) of 2012 AD on establishing the High National Elections Commission;

• Law No. (4) of 2012 AD on electing the General National Congress;

• Law No. (14) on determining the electoral districts for the election of the General National Congress;

• National Transitional Council Decree No. (13) of 2012 AD on naming the chairman and members of the High National Elections Commission Board;

• The contents of the minutes of the tenth meeting of the Commission Board held on 26/03/2012 AD;

has decreed:

Article (1)

The voter registration regulation for the election of the General National Council attached hereto shall be approved.

Article (2)

This Decree shall be published on the Commission’s website. All those addressed in this Decree shall implement the provisions thereof.

Dr. Othman Abu-Bakr al-Qajiji

Chairman of the High National Elections Commission – Libya

Issued in Tripoli

3 Jumada al-Akher 1433 AH

Corresponding to 20 March 2012 AD

Regulations on Voter Registration in Libya

Upon review of:

• The interim Constitutional Declaration issued on 03 August 2011 AD and amendments thereto;
• Law No. (3) of 2012 AD on establishing the High National Elections Commission;
• Law No. (4) of 2012 AD on electing the General National Congress;
• Law No. (14) of 2012 AD on determining the electoral districts for the election of the General National Congress;
• The Code of Civil and Commercial Procedure;
• The contents of the minutes of the tenth meeting of the Commission Board held on 26/03/2012 AD;

these Regulations were issued:

Article (1)

Definitions

The terms used in these regulations shall have the same meanings as the terms contained in Law No. (4) of 2012 AD on the General National Congress elections, unless provided otherwise.

Article (2)

General Rules

1. Being a registered voter is a condition for exercising the right to vote at the time and place announced by the Commission. Persons who are not registered may not vote on election day even if they meet voter requirements.
2. Voters may not register more than once and may not apply for registration at more than one registration centre. If a voter has more than one residence in more than one city or community, they must choose to register in one location only.
3. If a voter registers their name at more than one registration centre, their name shall be crossed out, they shall be deleted from the voter registry, and they shall lose their right to vote.
4. Registration shall take place with voters appearing in person before the registration official at the centre where the voter has decided to register their name. Voters may not register by proxy under any circumstances.
5. Voters shall vote for candidates in the district in which they register.

Article (3)

Registration Centres

1. The Commission shall establish registration centres throughout the country and announce the locations thereof. It shall allocate separate locations for men and women and shall facilitate registration procedures for special needs individuals.
2. These centres shall register voters in accordance with the terms and conditions set out in these Regulations.

Article (4)

Registration Dates

The Commission shall announce and set the date for registration in the various media. Registration shall continue for the time period set by the Commission.

Article (5)

Voter Requirements

The following conditions must be met in order to have the right to register to vote:

1. Must be a Libyan citizen with legal capacity.
2. Must be eighteen (18) years of age at the time of voting.
3. Must not have been convicted of a felony or misdemeanour of moral turpitude, unless rehabilitated.
4. Must not be a member of regular military bodies.

Article (6)

Documents Required for Registration

1. The family record book will used to confirm a voter’s nationality when they appear to register. Voters who wish to register must show the documents set out below, in accordance with the following procedure:

1. A husband, wife, or the like must bring the family record book, provided such contains their photo. The registration official may request any attached document if the photo is not clear or is not present.
2. Single or married voters who have not obtained their own family record book must bring the family record book or a copy of the family record book containing their name, their birth certificate, or certificate of family status issued by the competent civil register, with their passport or civil ID attached. No other documents shall be considered as proof of identity.

2. If the family record book is unavailable for any reason, a certificate of family status or birth certificate issued by the competent civil register office may be submitted, with the passport or civil ID attached.

Article (7)

Assistance of Related Authorities

The Commission has the right to request information from the competent national authorities related to a voter’s registration eligibility.

Article (8)

Registration Rules

1. Voters may only be registered to vote by appearing in person at the registration centre where they wish to register, bringing with them the documents set out in Article (6).
2. The competent official shall review the documents and confirm the voter’s identity and eligibility.
3. The official shall fill out the registration form prepared by the Commission, and it shall be signed by the voter and the official.

Article (9)

Proof of Voter Registration

Voters who are entered into the voter registry shall by issued a proof of registration card

Article (10)

Transfer of Voter Registration

Voters may not request their name be removed from the voter registry at the centre where they first registered their name in order to register it at another election centre.

Article (11)

Preliminary Voter Registry

1. The Commission shall prepare a preliminary voter registry containing the names of the persons who have met the registration requirements.
2. The preliminary voter registry shall consist of a list of voter names and information and shall be announced after the end of the voter registration period and published at the registration centres for review.

Article (12)

Challenges

1. All interested voters shall have the right to challenge any procedure in the stages of the election process within forty-eight (48) hours from the date the challenged incident occurs. Challenges shall be exempt from judicial fees.
2. Within the time period set thereby, the Commission shall have the opportunity to submit challenges in writing against the initial voter registry entry based on:

1. Failure to meet the voter requirements.
2. Registration of a voter based on false information.

3. The Commission shall consider complaints of individuals who were not entered into the preliminary voter registry even though they submitted a request for such in accordance with the law and these Regulations.
4. Challenging parties may submit their challenge directly to the competent court located in the district of the registration centre.
5. The competent judge of summary jurisdiction shall review the challenges and decide thereon within forty-eight (48) hours.
6. All interested parties may appeal decisions issued by a judge of provisional matters at the summary court before the president of the court of first instance or delegate thereof within five days from the date the decision is issued.
7. The president of the court of first instance shall decide on the merits of the appeal within five (5) days from the date of the appeal. Rulings issued on appeals shall be final and shall be enforced by the Commission. The court may refer final rulings issued thereby to the Commission.
8. The Commission shall have the right to review and decide on challenges submitted by voters in the following cases:

1. If a voter’s information was registered incorrectly.
2. If a voter was registered more than once.
3. If their name was not entered into the announced voter registry.

Voters must submit their registration card and fill out the form prepared for such by the Commission and submit it to the competent official at the registration centre. Such shall be forwarded to the centre’s manager for review and a decision thereon, after being submitted to the centre’s committee.

Registration centres shall review and confirm the formal elements of the challenge as quickly as possible and prior to publication of the final register.

Article (13)

Special Procedures

1. Without prejudice to the preceding Articles, the Commission shall, in coordination with the competent bodies, identify and determine the areas where the residents thereof have temporarily moved as a group to live in another area inside Libya and the areas in which they are residing. Voters must submit the family record book, birth certificate, or certificate of family status stating their original residence in the area they have moved from.
2. The Commission shall reserve the right to elect those representing districts whose residents have moved for any reason and the Commission may designate locations to register voters at their current place of residence as voters in the electoral districts from which they have moved.

Article (14)

Objections

Under these Regulations, objections to Commission decisions shall be submitted in accordance with the rules in place for submitting objections.

Article (15)

Final Voter Registry

1. At the end of the period set for settling all objections, the Commission shall prepare the final voter registry based on the preliminary voter registry and all decisions adopted concerning challenges and objections at the time.
2. Registration centres must correct and amend the voter registry in accordance with the final rulings and decisions issued thereby, or by the judge of provisional matters at the summary court, or by the president of the court of first instance, on an ongoing basis. Changes to the voter registry may not be made after issuance of the decree inviting voters to vote. In this case, the registries shall be deemed final.
3. The voter registry shall be deemed final and decisive at the time of voting and no one may vote in the elections unless their name is listed therein.

The branch administration must keep and arrange the decisions issued thereby as well as rulings issued by the judge of provisional matters at the summary court or the president of the court of first instance in a special file, to be handed over to the central administration of the High National Elections Commission.

Article (16)

The Commission shall have the right to adopt all procedures necessary to complete voter registration.

Article (17)

Penalties

Without prejudice to any more severe penalty set out in other related laws, the provisions of Chapter (9) of Law No. (4) of 2012 on electing the General National Congress shall apply to all matters related to violations made by voters during the stages of the election process.

The High National Elections Commission – Libya