KRAM DATED DECEMBER 26, 1997

ON THE ELECTION OF MEMBERS OF THE NATIONAL ASSEMBLY

No. NS RKM 1297.06

 

We,

Preah Bat Samdech Preah Norodom Sihanouk,

King of the Kingdom of Cambodia

 

 

Upon proposal of H.E. First Prime Minister and Samdech 2nd Prime Minister and of the Co-Ministers of Interior.

Hereby promulgate

the law on the election of the members of the National Assembly adopted on 19 December 1997 by the National Assembly during the 8th session of its 1st legislative term, which whole content is as follows:

CHAPTER ONE

GENERAL PROVISIONS

Art. 1

The purpose of this law is to establish electoral organs, procedures and functioning rules for the conduct of the election of members of the National Assembly of Kingdom of Cambodia.

Art 2

The election of members of the National Assembly shall be undertaken following the principles of multiparty, liberal democracy.

Art 3

The election shall be undertaken once every 5 years, on Sunday of the 8th week before termination of the 5th year legislative term of the Assembly, except in following circumstances:

  1. force majeure. In this case, election day shall be postponed;
  2. dissolution of the National Assembly before the end of its mandate; in this case, election shall be undertaken within 60 days of the dissolution date of the National Assembly;
  3. extension of the legislative term of the National Assembly in accordance with Article 78, paragraph 5 of the Constitution.

Art. 4

The management of the election shall fall within the competence of the National Electoral Committee set up by Chapter III of this law.

CHAPTER II

ELECTORAL SYSTEM AND DETERMINATION OF SEATS

 Art 5

Members of the National Assembly shall be elected by a universal, free, fair, and right, equal, direct, and secret general suffrage.

The poll system shall be the proportional representation, with Khet or Krung constituencies.

Art 6

The National Assembly shall have at least 120 seats.

Art 7

On the 3rd year of every legislative term, the Council of Ministers shall establish a Commission for Determination of National Assembly Seats to modify the number of seats and allocate them to each Khet/Krung.

The Commission shall be composed of:

  1. a representative of each political party currently having seats in the National Assembly;
  2. two representatives of the Ministry of Interior;
  3. the Director of the National Institute of Statistics.

The Commission is headed by a Chairman, assisted by a Deputy-Chairman, who shall be elected among Commission members by an absolute majority of the members of this Commission .

The Commission shall report and propose to the Government whether to increase or to keep the same number of seats according to demographic, geographic, social, and economic situation.

The Royal Government shall draft a law determining this number of seats and shall submit it to the National Assembly.

Where there is no determination of a new number of seats in the National Assembly , the seat number shall be the same than during the previous legislative term.

Art 8

The number of seats of the National Assembly and the number of seats allocated to each Khet/Krung shall be published at least 1 year before the election day.

Art. 9

The new number of seats shall be calculated by utilizing following formulas, without taking in consideration the remainders:

PP Pa

---- = Q --- = NA

NP Q

where:

PP is the number of Cambodian population in the last election of the National Assembly;

NP is the current number of seats in the National Assembly.

Q is the quotient in whole numbers, without taking in consideration the remainders;

Pa is the current number of Cambodian population;

NA is the new number of seats, without taking in consideration the remainders;

The number of seats of each Khet or municipality shall be calculated by utilizing the following formula:

p

---- = N

Q

where:

P is the number of Cambodian population in the Khet or municipality;

Q is the quotient obtained from above calculation;

N is the new number of seats for the Khet or municipality, without taking in consideration the remainders.

Art 10

A Khet or municipality which population is less than the quotient shall be allocated one seat.

As for remaining seats, the Commission for Determination of National Assembly Seats may propose to allocate remaining seats to any Khet/Krung, according to their geographical, social and economic situation.

CHAPTER III

MANAGEMENT OF THE ELECTION

 Art. 11

The election process shall be managed by the National Electoral Committee, named ''NEC". To carry out its duties, the National Electoral Committee shall be assisted by Khet/Krung Electoral Commissions, Khum/Sangkat Electoral Commissions, and Polling Station Commissions.

Art. 12

The National Electoral Committee shall be an independent and neutral body while carrying out its duties.

Members of the National Electoral Committee and of Electoral Commissions at all levels shall be neutral and impartial while carrying out their electoral functions.

Art. 13

The National Electoral Committee shall be composed of:

a Khmer dignitary, Chairman;

a Khmer dignitary, Deputy-Chairman;

2 Khmer citizens eligible to vote, Members;

a representative from each political party currently having seats in the National Assembly, Member;

2 executive civil servants from the Ministry of the Interior, Members;

one representative of local non-governmental organizations, Member.

The Chairman and Deputy-Chairman of the National Electoral Committee shall be chosen among dignitaries having political and professional experiences.

The Chairman, Deputy-Chairman and Members of the National Electoral Committee shall be appointed by Kret at least nine months before election day, on proposal of the Council of Ministers and with approbation of an absolute majority of all National Assembly members.

The Chairman, Deputy-Chairman, and Members of National Electoral Committee shall take an oath of office before taking up their functions.

The Ministry of the Interior shall submit a draft of composition of the National Electoral Committee to the Council of Ministers, at least 11 months before the election day.

The National Electoral Committee shall hire the staff needed by the election process and shall be assisted by a General Secretariat.

Art. 14

In case of dissolution of the National Assembly before the end of its legislative term, the National Electoral Committee shall organize a new election within 60 days of the dissolution date.

Art. 15

After being appointed to the National Electoral Committee, the Chairman and Deputy-Chairman, if they are members of a political party or government officials, shall definitively resign from their party and/or shall apply to be placed in the position of leave without pay until the expiration of their mandate. The Members of National Electoral Committee, and Chairmen, Deputy-Chairmen and Members of Khet/Krung and Khum/Sangkat Electoral Commissions, if they are members of a political party and/or government officials, shall temporarily resign from the party and/or shall apply to be placed in the position of leave without pay until the termination of their duties.

Art. 16

The National Electoral Committee shall be responsible for planning, organizing and managing the election throughout the country. The National Electoral Committee shall fulfill ipso jure its functions falling within its competence. Its rights, powers, duties and responsibilities related to election planning, organization, management, and supervision are as follow:

Art. 17

The working procedures of the National Electoral Committee shall be determined by its internal rules in accordance with provisions of this law and of in force regulations. Only decisions of the National Electoral Committee made by an absolute majority shall be valid.

Art. 18

The Members of Khet/Krung Electoral Commissions shall be appointed by the National Electoral Committee from among citizens, civil servants and/or officials of the Khet/Krung eligible to vote, except members of military forces, policemen, civil servants from judicial order, clergymen, and Khet governors and vice-governors.

Composition of these Commissions shall consist of a Chairman, a Deputy-Chairman and 3 to 5 Members. The Khet/Krung Electoral Commissions shall be assisted by a Secretariat. Between two elections, the National Electoral Committee shall designate one or two officials of the Secretariat to maintain the continuity of electoral work in the Khets/Krung.

Art. 19

Duties and responsibilities of the Khet/ Krung Electoral Commissions shall be as follows:

  1. to perform duties authorized or required by law, in force regulations, and other provisions;
  2. to perform other duties and other rights assigned to them by National Electoral Committee.

Art. 20

The members of Khum Electoral Commissions shall be appointed, upon proposal of Khet/Krung Electoral Commissions, by the National Electoral Committee, from among citizens, civil servants, and officials of the Srok/Khan/Khum/Sangkat eligible to vote, except members of the military forces, policemen, civil servants from judicial order, clergymen, and Khum chiefs and deputy chiefs, Sangkat chiefs and deputy chiefs.

The Composition of a Khum Electoral Commission shall consist of a Chairman, a Deputy-Chairman and 3 members.

Art. 21

Duties and responsibilities of the Khum Electoral Commission shall be as follows:

  1. to perform duties authorized or required by law, regulations, and other provisions;
  2. to perform other duties and other rights assigned to them by National Electoral Committee.

Art. 22

The members of Polling Station Commissions shall be, upon proposal of Khet/Krung Electoral Commission, appointed by the National Electoral Committee from among the citizens and civil servants of the Khum or Srok eligible to vote, except members of the military forces, policemen, civil servants from judicial order, clergymen , Srok chiefs and deputy Srok chiefs, officials of the Khum or Srok, and Phoum chiefs.

The Composition of a Polling Station Commission shall consist of a Chairman, a Deputy-Chairman, a Secretary, and 2 to 4 Members as needed and as decided by the National Electoral Committee.

Art. 23

Duties and responsibilities of a Polling Station Commission shall be as follows:

  1. to perform duties authorized or required by law, in force regulations, and other provisions;
  2. to perform other duties and other rights assigned to them by the National Electoral Committee.

Art. 24

To undertake electoral operations, the National Electoral Committee may delegate its authority to Khet/Krung Electoral Commissions, to Khum Electoral Commissions, to Polling Station Commissions, or to electoral officers or agents.

Art. 25

Candidates for the election or members of political parties executive committees cannot be members of the National Electoral Committee or of any Electoral Commission.

Art. 26

Every political party participating in the election may send one of its representatives eligible to vote to participate to observation of polling activities at each polling station.

Art. 27

National and international non-governmental organizations, international organizations and foreign countries may send their representatives to observe the electoral process.

Art. 28

Representatives of political parties participating in the election, representatives of national and international non-governmental organizations, of international organizations and foreign countries who participate to the observation of electoral process must be accredited by the National Electoral Committee.

Art. 29

Authorities at all levels who are responsible for security, public order, and any other public authority shall cooperate with the National Electoral Committee and the Electoral Commissions at all levels, upon their request, to maintain safety, security, and public order during the polling day and during the electoral campaign.

Art. 30

The Chairman of the National Electoral Committee shall have rank and prerogatives equivalent to a Deputy Prime Minister. The Deputy-Chairman of the National Electoral Committee shall have rank and prerogatives equivalent to a Minister. Members of the National Electoral Committee shall have rank and prerogatives equivalent to a Secretary of State. The Secretary General of the National Electoral Committee shall have rank and prerogatives equivalent to a General Director of a Ministry.

Art. 31

Members of Electoral Commissions at all levels as well as General Secretariat and Secretariats staff shall receive remuneration defined by the National Electoral Committee.

Art. 32

The Khum/Sangkat Electoral Commissions shall fulfill their duties until the day of final announcement of the election results.

The Khet/Krung Electoral Commissions shall fulfill their duties 60 days after the final announcement of the election results.

The Chairman, Deputy-Chairman and Members of the National Electoral Committee shall keep their positions until a new appointment.

CHAPTER IV

REGISTRATION OF POLITICAL PARTIES AND OF LISTS OF CANDIDATES

 

Art. 33

Any Khmer citizen eligible for election who wishes to stand as a candidate in the election must meet the following requirements:

  1. being Khmer nationality from birth;
  2. being aged at least 25 years on the date of election;
  3. being eligible to vote;
  4. being a permanent resident of Kingdom of Cambodia for a least one year before the date of election;
  5. being nominated by a registered political party.

Art. 34

The following persons shall not be eligible to be candidates for election:

  1. civil servants, civil servants from the judicial order, in office members of National Police and of Royal Cambodian Armed forces, clergymen; or
  2. persons who have been convicted by courts of felony or misdemeanor and who have not been rehabilitated; or
  3. persons condemned to be deprived of their voting right; or
  4. insane or under guardianship persons, who are certified as such by the relevant ministry; or
  5. persons whose voter registration cards have been withdrawn by the National Election Committee; or
  6. members of the National Electoral Committee or of Electoral Commissions; or
  7. members of the Superior Council of the Magistrature; or
  8. members of the Constitutional Council.

Art. 35

Civil servants, civil servants from the judicial order, members of the National Police and of Royal Cambodian Armed Forces, members of the Constitutional Council, members of the Superior Council of Magistrature and clergymen, who wish to stand as candidates for election, shall submit an application for special leave from their functions or renounce their priesthood at least 7 days before the date of electoral campaign opening.

Concerned persons, if elected, shall submit an application to relevant Ministry or institutions to be released from their duties for the duration of their mandate. In this case, the concerned persons shall retain their rights to automatic step and grade promotions and seniority for retirement.

At the termination of their mandate, the concerned persons shall be entitled to return to their previous ministries or institutions, but their assignment shall be determined by concerned Ministries or other institutions.

Art. 36

Measures of implementation of Articles 33 and 34 of this Law shall be provided by regulations and procedures.

Art. 37

The registration of political parties shall start 120 days before polling day.

To be officially registered, a political party shall submit a registration request to the National Electoral Committee, no later than ninety days before the polling day, following a procedure, which shall be determined by the National Electoral Committee. It shall provide the following documents:

  1. a specimen of the certificate of registration of the political party by the Ministry of Interior;
  2. name of the political party in full, its acronym and logo;
  3. address of the political party headquarters;
  4. a list of the candidates for election throughout the country. The list shall include a number of de jure candidates equal to at least one-third of the seats in the National Assembly and a number of substitute candidates equivalent to the number of ipso jure candidates;
  5. names of constituencies where the party wishes to run for election and the lists of candidates in each of these constituencies. A list of candidates for a constituency shall have the same number of candidates as that of seats allocated by National Electoral Committee and shall conform to the format prescribed by the National Electoral Committee. For a constituency which is allocated with one or two seats, there shall be at least three substitute candidates;
  6. a statement indicating the bank account in a Cambodian bank recognized by National Bank of Cambodia, in which incoming, including contributions from any source, has been deposited;
  7. a copy of the political party statutes and other documents certifying its creation;
  8. a statement of the political party by which he commits to participate in free and fair elections, to respect the election results, to respect the Law on the Election of Members of the National Assembly, the Code of Conduct and the Law on Political Parties;
  9. a list of the members of the political party's steering committee, standing committee or equivalent organ;
  10. a receipt for a deposit of 10 million Riels issued by the National Treasury. This deposit shall be returned to the concerned political party if it received at least 3 % of the valid votes or won one seat in the National Assembly.

 

In case of dissolution of the National Assembly before the expiration of its legislative term, the registration of political parties shall be undertaken within 10 days of the dissolution.

Art. 38

The list of candidates of each constituency shall include:

  1. names of the candidates in descending order of priority, in accordance with political party's decision;
  2. the voter's card number of each candidate;
  3. a declaration of each candidate accepting his nomination by the political party to stand for election in the constituency.

Art. 39

A candidate's name shall appear on the list of only one constituency.

A candidate whose name appears on more than one list shall be declared having lost his right to be candidate in the election by National Electoral Committee, even if his candidacy has been presented by another political party.

Art. 40

The National Electoral Committee shall examine the political parties' registration applications to participate in the election and shall make a decision within 7 days of receipt of its application.

In case of dissolution of the National Assembly before termination of its legislative term, the National Electoral Committee shall immediately examine and decide on the political parties' applications to participate in the election.

Where the National Electoral Committee accepts the political parties' registrations for participation in the election, it shall issue certificates of registration to concerned political parties. If National Electoral Committee considers that a party does not meet one of the requirements provided by articles 33, 34, 35, 36, 37 and 38 of this Law, it shall notify the concerned party so that it can take appropriate steps.

The political party shall have 10 days from the date of receipt of the notification to meet the requirements.

In case of dissolution of the National Assembly before the end of its legislative term, the concerned political party shall meet the requirements before the closure of political party's registration. If, at the expiration of this deadline, the political party fails to meet the said requirements, the National Electoral Committee shall consider the political party as having renounced to participate in the election.

Art. 41

If a candidate or a list of candidates is rejected pursuant to provisions of Articles 33, 34, 35, or 39 of this Law, the National Electoral Committee shall:

Art. 42

If a candidacy or a list of candidates has been rejected by the National Electoral Committee, the concerned candidate or political party shall be entitled to lodge an appeal in writing with the Constitutional Council within 7 days of the notification of rejection.

In the case of dissolution of the National Assembly before the end of its legislative term, concerned candidate or political party may immediately lodge an appeal in writing with the Constitutional Council;

The Constitutional Council shall examine and dispose of the appeal within 10 days of its receipt.

In the case of dissolution of National Assembly before the end of its legislative term, the Constitutional Council shall immediately examine and dispose of the appeal.

Art. 43

The hearings on the appeal, or some of the Constitutional Council hearings on the appeal, shall be public.

The Constitutional Council shall publicize in advance the date, place and time of the hearings.

Art. 44

After the closure of the registration of political parties participating in the election and/or after the final decision on the appeals, the National Electoral Committee shall publish the list of the registered political parties and the list of candidates for each Khet/Krung, in accordance with the regulations and procedures.

CHAPTER V

POLLING STATIONS

Art. 45

The National Electoral Committee shall establish Registration stations within Khums/Sangkat in accordance with regulations and procedures. Each registration station shall become a polling station on polling day, except for the voter's registration mobile stations

Art. 46

Each registration station shall have no more than 600 eligible voters, unless otherwise decided by the National Electoral Committee.

Each registration station shall be settled in a central location of a village or of a group of villages in a view to facilitate registration of all members of every family and their polling at the polling station.

Art. 47

The names and locations of established registration stations shall be posted in a public place. Political parties that have been registered for participation in the election may ask for the list of names and locations of polling stations by paying a fee. The fee shall be no more than the reproduction cost.

The National Electoral Committee shall send to the Constitutional Council a copy of the list of names and locations of registration stations of each constituency.

CHAPTER VI

VOTERS REGISTRATION AND LIST OF VOTERS

Art 48

The voters list of each registration station shall be prepared by the National Electoral Committee. The voters lists of all polling stations shall be noted in a voters register kept at the Khet/Krung Electoral Commission headquarters.

The National Electoral Committee shall publish the official list of voters at least 90 days before the polling day.

In the case of dissolution of the National Assembly before the end of its legislative term, the official list shall be the last lists of voters, which must be published at least 50 days before polling day.

Art. 49

The voters register shall be kept permanently. The duration of the voter registration period shall be determined and announced publicly. This period may be modified and announced publicly in accordance with circumstances prevailing in the nation or in Khets, Krung, Sroks, Khums or polling stations.

Art. 50

To be eligible to vote, a Khmer citizen must have his name in the voters list and have a voter card.

The conditions for the voters registration are as follows:

  1. being Khmer nationality;
  2. being 18 years old or over on polling day
  3. having a definite address in the Kingdom of Cambodia;
  4. in person registration;
  5. not being serving a prison sentence;
  6. not being insane or under guardianship, as certified by a competent institution.

Art. 51

Candidates for election, their spouses and children may register in the constituency for which they stand for election, subject to Article 50 of this Law.

Art. 52

Every Khmer citizen shall be registered under only one name and at only one registration station.

Art. 53

The National Electoral Committee shall appoint voters registration officers to register voters or to verify the list of voters of each registration station.

Art. 54

Khmer citizens willing to register shall present in person at the registration stations and provide documents required by regulations and procedures.

If a citizen provides the required documents, registration station officer shall:

 If the name of a citizen already appears on the previous list of voters, the registration officer shall verify only the proof of his registration in the previous list of voters and then register that citizen in accordance with the second paragraph of this article.

Art. 55

It is prohibited to enter into the security perimeter of a registration station with a weapon or any kind of explosives.

Art. 56

The registration officers may reject the registration of a person if there is any evidence that the concerned person does not meet requirements of Articles 50 or 51 of this Law.

When a registration officer refuses to register a person, he shall:

  1. complete a refusal form indicating the reasons and date of rejection;
  2. provide the concerned person with a copy of the Refusal decision;
  3. inform the concerned person that, subject to Article 57 of this Law, he or any other person may lodge an appeal to the Khet/Krung Electoral Commission within 5 days of notification of the refusal;
  4. send a copy of the refusal decision to the Khet/Krung Electoral Commission for information and keep one copy for the registration station archives.

Art. 57

When the registration of a person has been refused by a registration station agent, the concerned person or any other person may lodge an appeal in writing to the Khet/Krung Electoral Commission within 5 days of the date of notification of this refusal.

Art. 58

The Khet/Krung Electoral Commission shall dispose of this appeal within 7 days of its receipt date.

The Khet/Krung Electoral Commission hearings on such appeals shall be public.

Art. 59

If the Khet/Krung Electoral Commission accedes to the appeal, it shall order the registration station agent to register the voter's name in accordance with second paragraph of article 54 of this law.

If the Khet/Krung Electoral Commission rejects the appeal, it shall:

  1. fill a refusal form, indicating reasons and date of refusal;
  2. provide the plaintiff with a specimen of the decision;
  3. inform the concerned person that, pursuant to article 60 of this law, himself or other persons may lodge an appeal in writing to the National Electoral Committee within 5 days of date of notification of the Khet/Krung Electoral Commission;
  4. send a copy of the refusal notification to the National Electoral Committee for information and keep one copy for its records.

Art. 60

Where a person's appeal has been rejected by the Khet/Krung Electoral Commission, the concerned person or any other person may lodge an appeal in writing to the National Electoral Committee within 5 days of the date of rejection notification.

Art. 61

The National Electoral Committee shall dispose of any appeal within 7 days of the date of its receipt.

If the National Electoral Committee accedes to the appeal, it shall order the Khet/Krung Electoral Commission to instruct the concerned registration station to register the refused voter in accordance with dispositions of second paragraph of article 54 of this law.

If the National Electoral Committee rejects the appeal, it shall:

  1. complete the rejection form, indicating reasons and date of rejection;
  2. provide the plaintiff with a specimen of the rejection decision;
  3. inform the concerned person that himself or any other person may lodge an appeal in writing to the Constitutional Council within 5 days of the notification date of rejection by the National Electoral Committee;
  4. send a copy of this rejection letter to the Constitutional Council for information and keep one copy for its records.

Art. 62

Where registration of a person has been refused by the National Electoral Committee, the concerned person or any other person may lodge an appeal in writing to the Constitutional Council within 5 days of date of notification of rejection by the National Electoral Committee.

The Constitutional Council shall dispose of any appeal within 10 days of its receipt date.

If it accedes to or rejects the appeal, the Constitutional Council shall:

  1. issue a decision ordering the National Electoral Committee to register the plaintiff or to refuse registration of his application;
  2. send the plaintiff a copy of its approbation or rejection decision.
  3. If the Constitutional Council decides to authorize the plaintiff to be registered, the National Electoral Committee shall order the registration station agent to register the concerned person in accordance with provisions of second paragraph of article 54 of this law and shall send the Constitutional Council a copy of the amended voters list of the concerned registration station.

Art. 63

Immediately after the closure of the voters registration period, the National Electoral Committee shall order the posting of preliminary voters lists at each polling station, at Khum/Sangkat Electoral Commissions offices and at Khet/Krung Electoral Commissions offices.

Registered political parties shall be entitled to obtain a copy of voters lists for fee. The fee shall not exceed the reproduction cost.

Art. 64

Within 5 days of the posting date of preliminary list of voters, any person may lodge a complaint in writing to the Khum/Sangkat Electoral Commission about the omission, the refusal or the retention of another person name on voters list, while justifying that the concerned person:

  1. does not meet requirements of article 50 of this law;
  2. has registered in two or more places;
  3. is awaiting a decision on his registration by the Khet/Krung Electoral Commission, the National Electoral Committee, or the Constitutional Council, while his name appears already on the voters list or he already obtained a voter's card.

Art 65

The Khum or Sangkat Electoral Commission shall dispose of any complaint or objection within 3 days of date of receipt of the complaint or objection.

If complaint or objection is admissible, the Khum/Sangkat Electoral Commission shall order the name of the concerned person to be registered in the voters list in accordance with requirements of second Paragraph of Article 54 of this Law, or his name to be deleted from the voters list and voters register or his voter card to be confiscated.

If the plaintiff or objecting person or the person objected to is not satisfied with the decision of the Khum/Sangkat Electoral Commission, he or his representative may lodge an appeal in writing to the Khet/Krung Electoral Commission within 5 days of notification date of the Khum/Sangkat Electoral Commission decision.

The Khet/Krung Electoral Commission shall decide on such complaint or objection within 10 days of the receipt date of the appeal.

If the Khet/Krung Electoral Commission accedes to the appeal, it shall order the registration agent to register the name of concerned person on the voters list in accordance with provisions of second paragraph of article 54 of this law, or to delete his name from the voters list and voters register and to confiscate his voter card.

If the plaintiff is not satisfied with the decision of Khet/Krung Electoral Commission, he or his representative may lodge an appeal in writing to the National Electoral Committee within 7 days of notification date of the decision.

The National Electoral Committee shall dispose of such a complaint or objection within 10 days of the receipt date of the appeal.

If the National Electoral Committee accedes to the appeal, it shall order the registration agent to register the name of concerned person in the voters list in accordance with provisions of the second paragraph of article 54 of this law, or to delete his name from the voters list and voters register and to confiscate his voter card.

Art. 66

If the plaintiff or objecting person is not satisfied with the decision of the National Electoral Committee, he or his representative may lodge an appeal in writing to the Constitutional Council within 5 days of notification date of the National Electoral Committee .

The Constitutional Council shall dispose of such appeal within 10 days of the receipt of the appeal.

If it accedes to the appeal, the Constitutional Council shall:

  1. issue a decision ordering the National Electoral Committee to register or to refuse to register the name of the concerned person;
  2. send a copy of its decision to the plaintiff, or to the objecting person or to the concerned person.

If the Constitutional Council orders the plaintiff or concerned person to be registered, the National Electoral Committee shall order the registration station agent to register the concerned person in accordance with provisions of second paragraph of article 54 of this law and shall send to the Constitutional Council a copy of the amended voters list of the concerned registration station.

Art. 67

After final settlement of complaints and objections, the National Electoral Committee shall post, for information purposes, the official lists of voters in registration stations, in Khum/Sangkat Electoral Commissions offices, and in Khet/Krung Electoral Commissions offices.

Registered political parties may obtain copies of voters lists for fee. The fee shall be no more than the reproduction cost.

Art. 68

Any person possessing a deceased person's registration card shall immediately return it to the Khum/Sangkat Electoral Commission.

The Khum/Sangkat Electoral Commission shall take measures to have the deceased person's name deleted from the voters list and from the voters register and shall transmit the registration card to the higher Electoral Commission, for destruction.

Art. 69

Political parties, national or foreign non-governmental organizations, international organizations, and various foreign countries may send their representatives to be present as observers in the registration stations.

Such representatives shall have to be accredited by the National Electoral Committee.

CHAPTER VII

ELECTORAL CAMPAIGN

Art. 70

The purpose of electoral campaign is to allow political parties and their candidates for election to present their political platforms to voters.

Art. 71

Every political party and every candidate shall avoid committing threats, acts of intimidation or of violence against the population, other political parties or other candidates.

Political parties and candidates shall not incite their militants or voters to commit violations, threats, acts of intimidation or of violence against other persons or political parties.

Art. 72

The electoral campaign period shall last 30 days and its activities shall be finished 24 hours before polling day.

Art. 73

During the electoral campaign and on the polling day, all political parties and their candidates, members and supporters shall be bound to respect rules, provisions and principles set up by this Law, to respect the Code of Conduct, the rules and the procedures of the National Electoral Committee, and to respect the principles of human rights and democracy set up by the Constitution of the Kingdom of Cambodia.

Art. 74

All media, including state-run press radios and televisions, shall accept to gratuitously publicize all information proposed by the National Electoral Committee for the purpose of publicizing electoral work and popularizing voters civic education.

Art. 75

The National Electoral Committee shall take steps to publicize propaganda messages upon request of registered political parties, based on equality principles and following the arrival order of publicizing requests.

Art. 76

In exercising their right to publicize through media, all political parties and their candidates shall refrain from using violence, violations, or derogatory speeches, causing fear, confusion and thus inducing loss of confidence in the secrecy of the ballot.

Art. 77

Public theaters, stadiums, public parks and public halls managers shall make their premises available to all registered candidates or political parties who will request their rental for electoral campaign purposes, on the basis of equality principle and following the arrival order of rental requests.

Art. 78

During electoral campaign, political parties and candidates willing to rent public theaters, stadiums, public parks or public halls mentioned in article 77 of this Law shall submit a request to the managers of these premises at least 3 days before the scheduled campaign meeting and shall send a copy of this request to the relevant Khum/Sangkat Electoral Commission.

Managers of these premises shall respond to rental requests within 24 hours of receipt of the request.

Art. 79

Political parties or their candidates may do their campaign in private areas or premises subject to their owners' consent; however, political parties or candidates must notify the relevant Khum/Sangkat Electoral Commission.

Art. 80

Political parties and their candidates shall not interfere with or obstruct to other political parties or candidates activities.

Art. 81

All electoral campaign expenses incurred by each political party and its candidates shall be borne by themselves .

Art. 82

Every registered political party shall have an account book to register all incoming, sources of incoming and expenses related to electoral campaign .

The National Electoral Committee may, if necessary, audit the account book.

Art. 83

All contributions received by political parties shall be deposited into their respective bank accounts and all electoral campaign expenses shall be paid from this sole account.

CHAPTER VIII

POLLING, COUNTING OF VOTING PAPERS AND

DETERMINATION OF THE ELECTION RESULTS

 

Art. 84

Polling stations shall be established in accordance with provisions of article 44 of this law.

Art. 85

Poll shall last for only one day.

Voting shall start at 7 a.m. and end at 4 p.m., unless otherwise directed by the National Electoral Committee.

However, if all registered voters in a polling station have cast their ballots, the Polling Station Commission may decide to close that polling station before 4 p.m.

Art. 86

The National Electoral Committee shall publish voters list and polling stations locations at least 30 days before polling day.

Art. 87

Registered political parties may ask for copies of voters lists and of polling stations locations at a cost not exceeding the reproduction cost .

Art. 88

The National Electoral Committee shall, one day before the opening of polling day, provide each polling station with an appropriate quantity of the following polling materials:

Art. 89

One day prior to poll opening, the Chairman of Polling Station Commission shall call a meeting of all its members to check their presence, check polling station location and check polling materials and equipment.

An absent member of a Polling Station Commission shall be replaced by a new one, who shall be designated in accordance with Regulations and Procedures.

The Chairman of the Polling Station Commission shall take all steps to ensure that materials, equipment and furniture's necessary for the conduct of the poll are available.

Chairman of the Polling Station Commission shall check the security situation at the polling station and shall take, if necessary, appropriate measures to ensure it.

Art. 90

On polling day, Polling Station Commission members shall be present themselves at the polling station at least one hour before polling opening hour, in order to prepare polling operations.

The Polling Station Commission shall comply with the instructions set out in the regulations and procedures.

The Chairman of the Polling Station Commission shall at first verify the credentials regularity of political party representatives and electoral observers before allowing them to enter the polling station.

Art. 91

Before opening the poll, the Chairman of the Polling Station Commission shall open the voting boxes in the presence of Commission members, political party representatives and all observers to ensure that they are empty, and then place seals on them. Seals numbers shall be recorded in the polling minutes forms.

Art. 92

Every citizen shall vote only in the polling station where his name appear on the voters list and shall provide himself his voter card unless otherwise decided by National Electoral Committee.

Art. 93

Members of a Polling Station Commission are requested to record their votes first, followed by political party representatives and national observers whose names are on the voters list.

Art. 94

Every voter is entitled to cast only one voting paper, once only; this cast is done by the voter himself.

Every voter shall vote in favor of only one political party of his choice, by placing a mark for the political party of his choice on the voting paper, without making any change or addition. Other detailed voting instructions shall be determined by the National Electoral Committee.

Art. 95

Voting shall be secret.

Any attempt, by any kind of means, to discover or to reveal a voter's ballot secrecy shall be prohibited.

Art. 96

To maintain order at the polling station, any person shall respect the rules set up by the National Electoral Committee.

Art. 97

Where handicapped citizens not being able to vote by themselves will need assistance, the Chairman of the Polling Station Commission shall order one of its members to help them.

Art. 98

A citizen providing a registration card but whose name does not appear on the voters list shall not be allowed to cast his vote.

Art. 99

None shall be authorized to enter a polling station other than those that cast their ballots, except if authorized by the National Electoral Committee.

Art. 100

It is strictly forbidden to carry weapons or any type of explosives within the Polling Station protection perimeter and to wear armed forces uniforms inside the Polling Station, except by special authorization of the National Electoral Committee Chairman.

The polling station area shall be about 2,000 square meters, and the security perimeter shall be set at a distance of 200 meters from the polling station unless otherwise decided by the National Electoral Committee.

Art. 101

A political party representative who thinks that the polling is irregular, may complain or object the irregularity to the Polling Station Chairman.

The procedures for objection or complaint shall be determined by the regulations and procedures.

The Polling Station Commission shall settle the objection or complaint.

The decision of the Polling Station Commission shall be considered as enforceable to matters falling within its competence, if the polling takes place regularly.

If the party representative persists in objecting or complaining, the Polling Station Commission shall record the objection or complaint in a minute form, which shall be countersigned by the objecting or complaining person.

Art. 102

After the closing announcement of the polling, the Polling Station Commission shall record in the minute form the number of voters and the number of unused voting papers, and shall count the Polling Station voting papers in accordance with regulations and procedures. If a polling station cannot count voting papers due to force majeure or insecurity reasons, the National Electoral Committee shall issue special directives regarding this.

National and international observers as well as each political party representative may be invited to participate as witnesses to ballot counting operations.

Art. 103

The Polling Station Commission shall be responsible for voting papers counting. Before opening ballot boxes, the Chairman shall invite members of the polling station, political parties representatives and observers to check the seals and then open voting boxes in their presence.

Art. 104

The Polling Station Commission shall count voting papers contained in the voting boxes and shall verify if the number of voting papers tallies with the number of registered voters who cast their vote.

Where number of voting papers in the voting boxes differs with that of registered voters who cast their vote, the Chairman of the Polling Station Commission shall order a recount.

If the difference between the two numbers still persists, the Chairman of the Polling Station Commission shall mention it in the minute form.

Then, the Chairman of Polling Station Commission shall order a votes count in accordance with regulations and procedures.

Art. 105

Shall be deemed valid any voting paper issued by the Polling Station Commission which bears a mark for only one political party.

Shall be deemed void any voting paper:

  1. which is not official or,
  2. which is marked but which does not allow the Polling Station Commission to determine for which political party the voter has voted;
  3. which bears a mark susceptible to identify the voter; or
  4. which is torn or damaged.

Voting papers indicated at points 1, 2, 3 and 4 above shall be deemed void in accordance with the regulations and procedures.

Art. 106

After having counted the votes, the Polling Station Commission shall draw up a minute form of the votes count in two copies; one shall be sent to the Khum/Sangkat Electoral Commission, enclosing the voters list, the valid and void voting papers, the unused voting papers; eventually, the objections or complaints and other any documents; another copy shall be posted at the polling station.

The valid and void voting papers, unused voting papers, records of objections or complaints and other documents shall be packed in separate, supplied envelopes.

Voting papers counting minute form shall bear signatures of the Chairman and members of Polling Station Commission. Political parties representatives may sign as witnesses.

Art. 107

Formalities for minutes forms sending, delivery and reception shall be determined by regulations and procedures.

Art. 108

Political parties representatives national and international observers may participate as witnesses in the delivery or receipt of the polling minutes.

Art. 109

The Khum/Sangkat Electoral Commission shall collect all minutes and documents from Polling Station Commissions and then submit them directly to the Khet/Krung Electoral Commission.

Art. 110

The Khet/Krung Electoral Commission shall collect all minutes from the Khum/Sangkat Electoral Commissions and then draw up a summary minute of polling results of its own Khet or Krung.

This summary minute shall be made in 3 copies; one shall be sent to the National Electoral Committee, enclosing the voters lists, valid and void voting papers, unused voting papers, eventually objections or complaints requests and other documents; another copy shall be posted at the Khet/Krung Electoral Commission office; the last copy shall be retained for its archives.

Art. 111

If there is a complaint against the result of the election or against a serious irregularity, the Khet/Krung Electoral Commission shall examine the case and immediately express an opinion which shall be enclosed to the summary minute of polling results sent to the National Electoral Committee in order to examine and decide whether to validate results or to organize a new election.

A new election shall be organized within 8 days of the date of decision of National Electoral Committee.

Art. 112

The National Electoral Committee shall collect all polling results in order to check and decide on their validity.

If the irregularity is not serious, the National Electoral Committee shall announce its recognition of the validity of election results.

If the irregularity is serious and affects the election results, the National Electoral Committee shall refuse to recognize the results of that or those polling stations and shall inform accordingly the political parties. In such a case, a new poll shall be organized in that or those polling stations within 8 days of this decision date.

Art. 113

After having checked and decided on the validity of the election results, the National Electoral Committee shall publish the provisional results of the election of the members of the National Assembly.

A specimen of provisional results shall be sent to the King and another specimen to the Constitutional Council. Registered political parties shall be entitled to request a copy.

Art. 114

Within 72 hours of provisional result announcement, all registered political parties may lodge a complaint against all or part of election results to the National Electoral Committee or to Constitutional Council, by indicating irregularities caused by the Commission or its members, the date, place of polling irregularities, names and addresses of witnesses, as well as other documents or evidences.

Art. 115

The National Electoral Committee shall decide on the complaint within 48 hours of its receipt.

If the National Electoral Committee finds the complaint non-admissible, it shall:

  1. complete a non admissibility form indicating the reasons and date of its decision;
  2. provide the plaintiff and/or the concerned political party with a copy of its decision;
  3. inform the plaintiff and/or the concerned political party that, pursuant to article 117 of this Law, they are entitled to lodge an appeal in writing to the Constitutional Council within 48 hours of rejection notification;
  4. send a copy of its decision to the Constitutional Council for information and keep one copy for its archives.

Art. 116

If the National Electoral Committee finds that the complaint has reasonable grounds, it shall hold a public hearing to decide. In this case, it shall publicize the date and place of the hearing, notify the plaintiff and/or the concerned political party and inform the Constitutional Council.

The plaintiff, the political party and the Electoral Commission and/or the concerned Commission members shall be present at the hearing.

If the National Electoral Committee accedes to the complaint, it shall:

  1. refuse to recognize the results of that or those polling stations and shall hold a new election at that or those polling station or stations within 8 days of its decision;
  2. complete an approval form indicating the reasons and date of its decision;
  3. provide a copy of its decision to the plaintiff and to the concerned political party;
  4. send a copy of its decision to the Constitutional Council for information, and keep a copy for its archives.

If the National Electoral Committee rejects the complaint, it shall:

  1. complete a rejection form indicating the reasons and date of the rejection;
  2. provide a copy of the rejection decision to the plaintiff and/or the political party;
  3. inform the plaintiff or the concerned political party that, pursuant to Article 116 of this Law, they are entitled to lodge in writing an appeal to the Constitutional Council within 48 hours of reception date of the rejection notification;
  4. send a copy of the rejection decision to the Constitutional Council for information, and keep a copy for its archives.

Art. 117

Any person and/or political party whose complaint is rejected by the National Electoral Committee shall be entitled to lodge an appeal in writing to the Constitutional Council within 48 hours of reception of the rejection notification.

The Constitutional Council shall dispose of the appeal within 10 to 20 days of its receipt date.

The Constitutional Council decision shall be final.

If the Constitutional Council decides the claim is non-admissible, it shall:

  1. complete a non admissibility form indicating reasons and date of refusal;
  2. provide a copy of the non admissibility decision to the plaintiff and/or to the concerned political party and to the National Electoral Committee;
  3. publicize the decision and keep one copy of the decision for its archives.

If it finds that the complaint has reasonable grounds, Constitutional Council shall hold a public hearing in order to examine and decide within 10 days of its receipt date.

A. If the Constitutional Council accedes to the complaint, it shall:

  1. complete an approval form by indicating the reason and date of approval;
  2. provide a copy of its decision to the plaintiff and/or the concerned political party;
  3. issue a decision ordering the National Electoral Committee to reject the election results from that or those polling stations and to organize a new poll at that or those polling stations within 8 days of its decision;
  4. publicize the decision and keep a copy of the decision for its archives.

B. If the Constitutional Council rejects the complaint, it shall:

  1. complete a rejection form by indicating the reason and date of rejection;
  2. provide a copy of the rejection letter to the plaintiff and/or to the concerned political party and to the National Electoral Committee;
  3. publicize the decision and keep a copy of the decision for its archives.

Art. 118

After having resolved all complaints and received all results of the election, eventually including results of new polls, the National Electoral Committee shall publish official results of the election and determine the number of seats to be allocated to each political party for each constituency according to the number of valid voting papers.

Remaining seats for each constituency shall be allocated by using the method of greatest average.

The proclamation of the elected candidates shall be done in accordance with the list of candidates and following the ranking order referred in accordance with provisions of article 38 of this law.

If, within the candidates list, an elected candidate dies, resigns, or is dismissed from its mandate, the next candidate on the candidates list of the concerned political party shall be declared elected.

Art. 119

The periods allowed for lodging and resolving complaints, set by Chapters IV, VI and VII of this Law shall not include official holidays.

CHAPTER IX

REPLACEMENT OF MEMBERS OF THE NATIONAL ASSEMBLY

 Art. 120

In the event of death, resignation, or loss of National Assembly membership of elected candidates occurring at least 6 months before the end of the legislative term, the concerned political party may propose appointment of substitutes who will be chosen among candidates ranked by numerical order in the candidacy list of the constituency, without holding a new election.

A candidate who resigns from his party shall automatically loose his membership in the National Assembly. If resignation occurs at least 6 months before the end of the legislative term, the political party concerned may propose an appointment of a substitute. The replacement shall be made in accordance with provision of the first paragraph of article 120 of this law.

CHAPTER X

BUDGET

Art. 121

A special account of the National Treasury shall be created, to collect funds allotted to electoral operations. It shall be managed by the National Electoral Committee for electoral operations, in accordance with provisions of Law of Finance.

Electoral donation funds obtained from various contributions from the Royal Government, foreign governments and international organizations, charitable individuals, non-governmental organizations, and other legal incoming shall be deposited to national budget to be directly credited to this special account.

Some kinds of foreign financing for electoral purposes may be made through operations implemented on outside of the National Treasury.

CHAPTER XI

PENALTIES

Art. 122

Shall be reprimanded or dismissed by the National Electoral Committee, regardless of any criminal penalty, a registration agent who committed any of the following violations:

  1. having registered a citizen without issuing him a registration card;
  2. having knowingly registered and issued a registration card to an applicant who is under aged or who does not yet meet the registration requirements;
  3. having knowingly registered and issued a registration card to an applicant who has been deprived of his right to vote and to possess a voter card;
  4. having prevented a citizen aged 18 or over from registering on voters list;
  5. having prevented a citizen who has been registered on voters list from receiving his registration card.

Art. 123

Shall be canceled the candidacy of any person who violated Articles 33 or 34 of this Law.

Art. 124

Regardless of any possible criminal penalty, the voter card shall be confiscated, the candidacy of a person or of a political party shall be canceled by the National Electoral Committee, and/or shall be fined from 5 million to 25 million Riels any person or political party that committed one of the following violations:

  1. using force, violence, or intimidation against any eligible voter to deter him from registering in voters list or receiving a registration card;
  2. inciting his militants or voters to commit violations, threats, or violence against other candidates or political parties;
  3. using duress, threats, or coercion to secure a promise to vote for a candidate or a political party;
  4. using force or violence to prevent eligible voters from voting or standing as a candidate;
  5. preventing political parties candidates or militants from conducting electoral campaign activities during the prescribed period;
  6. using force, violence, threats, or insults with a view to intimidate, confuse the voters, or to undermine the credibility of the election or the secrecy of the voting;
  7. disrupting polling process;
  8. disrupting ballot counting process;
  9. disturbing the polling;
  10. buying votes through in cash or in kind offers;

Art. 125

Regardless of any possible criminal penalty, any Member of the National Electoral Committee or of Khet/Krung or Sangkat/Khum, or Polling Station Electoral Commission who falsified or fabricated electoral documents or voting papers or used any other fraudulent means to falsify election result shall be fined from 10 to 25 million Riels and/or have his voter card withdrawn for a period of 5 years, and his name deleted from the list of voters.

Art. 126

Any agent, member, or staff member of the National Electoral Committee, or agent, member, or staff member of an Electoral Commission who violated provisions of the second paragraph of article 12 of this law shall be fined from 10 million to 50 million Riels and dismissed from electoral employment forever.

Art. 127

Any person who violated articles 55 or 100 of this Law shall face a warning. If he fails to comply with the law, he shall be arrested and have his weapon confiscated for 48 hours by competent authorities and shall be fined from 5 million to 10 million Riels.

If the violator is a civil servant or a member of the military forces or national police, the National Electoral Committee shall:

request the head of the violator's institution to inflict disciplinary sanctions ranging from suspension without pay to dismissal, depending on the seriousness of the violation;

delete his name from list of voters and confiscate his voter card;

If the violator is an agent, member, or staff member of the National Electoral Committee or of Khet/Krung, Khum/Sangkat, or Polling Station Electoral Commission, the National Electoral Committee, shall immediately dismiss and bar him from further employment with the National Electoral Committee or with electoral commissions of all levels for 10 years, starting from the current election, in addition to disciplinary sanctions provided for in the first paragraph of this article.

Art. 128

Any government official or person in charge of the security who violates article 29 of this Law shall have his voter card confiscated and his name deleted from the voters list for a period of 5 years by the National Electoral Committee and the National Electoral Committee shall request the head of his institution to inflict him administrative and disciplinary sanctions ranging from suspension without pay to dismissal.

Art. 129

Any person who orders or circumvents by any mean another person to vote for a particular political party during the polling shall be fined from 5 million to 10 million Riels and/or have his name deleted from the list of voters and his voter card confiscated for a period of 5 years.

If the violator is an agent, staff member, or member of the National Electoral Committee or of one of electoral commissions at all levels, the National Electoral Committee shall immediately dismiss and bar him from any further employment with Electoral Commissions at all levels for 10 years starting from the current election.

If the violator is a candidate for the election, his name shall be deleted from the candidacy list, in addition to penalties provided for in the second paragraph of this article.

Art. 130

Regardless of any possible criminal penalty, any person who causes the voting boxes to be opened; seals or safety devices to be broken, torn or detached; causes the loss of, steals or destroys a ballot box containing voting papers, shall be fined from 10 million to 25 million Riels and/or have his name deleted from the voters list and his voter card confiscated for a period of 5 years.

If the violator is an agent, staff member, or member of the National Electoral Committee or of Electoral Commission at all levels, the National Electoral Committee shall immediately dismiss and bar him from further employment with any Electoral Commission at all levels for 10 years starting from the current election.

If the violator is a candidate for election, the National Electoral Committee shall delete his name from candidacy list, in addition to penalties provided for in the second paragraph of this article.

Art. 131

Any person or political party who violated articles 73 or 76 of this law, shall be fined from 5 million to 10 million Riels and/or have his voter card confiscated for 5 years or his name deleted from the voters list, regardless of any possible criminal penalty

Art. 132

A warning shall be inflicted to any person who violates article 77 or the Second Paragraph of Article 78 of this Law.

If he fails to comply with the warning, the concerned person shall have his voter card confiscated for a period of 5 years, his name deleted from the voters list, and a request made to the head of the violator's institution to inflict disciplinary sanctions ranging from suspension without pay to dismissal, and/or shall be fined from 1 million to 2 million Riels.

Art. 133

A warning shall be made to any person who violates article 72 of this Law.

If he fails to comply with the warning, the concerned person shall have his voter card confiscated for a period of 5 years, his name deleted from candidacy list, and/or shall be fined from 5 million to 10 million Riels.

CHAPTER XII

TRANSITIONAL PROVISIONS

 Art. 134

The election of the members of the National Assembly for the Second Legislative Term shall be held on Sunday, July 26, 1998.

Art. 135

Once this Law on the election of Sunday 26th of July 1998 comes into force, the number of seats in the National Assembly shall be only 122.

This number of seats shall be publicized at shortest notice.

Art. 136

Once this Law on the election of Sunday 26th of July 1998 comes into force, the Chairman, Deputy-Chairman, and Members of the National Electoral Committee shall be immediately appointed by Kret upon proposal of the Council of Ministers, after approval by the National Assembly.

The Minister of the Interior shall immediately submit the proposed composition of the National Electoral Committee to the Council of Ministers.

Art. 137

Once this Law on the election of Sunday 26th of July 1998 comes into force, Khmer citizens who meet requirements 1, 2, 3 and 5 of Article 33 of this Law and who have permanently stayed in the Kingdom of Cambodia for at least one month up until the beginning of voters registration shall have the right to stand for the election of members of the National Assembly.

CHAPTER XIII

FINAL PROVISIONS

Art. 138

Any provision that is in conflict with the provisions of this Law shall be abrogated.

Art. 139

This Law shall be immediately promulgated.

 

Promulgated on the 26th Day of month of December in the year 1997 by His Majesty Norodom Sihanouk, King of Cambodia.

Co-Prime Ministers

Ung Huot

Hun Sen

Co-Ministers of Interior

Sar Kheng

You Hockry

Registered and Published on 30 December 1997