DOCUMENT | Full English Translation of the Election Law for the Head of State Issued by the Libyan Parliament – Al Marsad

Libyan Parliament issued today the election law for the election of the head of state directly by the people. The law was considered by various Libyan parties and institutions as a historical landmark. The election law for the head of state detailed the roles and responsibilities of the head of state for the upcoming elections on 24 December 2021.  AlMarsad publishes here the full English translation commissioned by the Libya Institute for Advanced Studies (LIAS) of the election law issued today by the Libyan Parliament. The Parliament sent a copy of the election law to the head of the UN mission, Ján Kubiš, and to the High National Election Commission (HNEC). The full document of the English translation with the Arabic copy can be downloaded here.

The Election Law defines the powers of the head of state, the President, in Chapter V under 11 articles. The head of state shall have the power of appointing the Prime Minister, assigning him to form a Cabinet, and dismissing him. He is also given the power to choose a Vice-President, provided that the Vice-President and Prime Minister are from a region other than the region to which the head of state belongs, and that each of them is from different regions.

The head of state has been granted the power to perform the duties of the Supreme Commander of the Libyan Army, appoint and dismiss the Head of the General Intelligence Service, after approval of the Libyan Parliament. Furthermore, the head of state also has the right to appoint ambassadors and representatives of Libya to international organizations, based on the proposal of the Foreign Minister.

The prerogatives of the head of state also include the issuance of laws approved by the Libyan Parliament within a month, in addition to the right to conclude international agreements and treaties, which must be ratified by the Parliament. The election law also grants the head of state the power to declare a state of emergency after the approval of the National Security Council, provided that it is referred to the Libyan Parliament for approval within a period not exceeding ten days.

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ELECTION OF THE PRESIDENT OF THE LIBYAN STATE LAW
Law No (1) of 2021 Promulgated by the Libyan Parliament

Date: September 8, 2021
Reference No.: HoR Presidency/1068/2021

His Excellency Mr. Ján Kubiš
Special Envoy of the UN Secretary-General
Head of the United Nations Support Mission in Libya (UNSMIL)

Further to our best greetings,

We, hereby, send to Your Excellency our highest regards; thanking and appreciating your tireless efforts and your pioneering and effective role towards consolidating the values ​​of democracy and respecting its results.

Since the Libyan House of Representatives is the only legitimate legislative body in Libya, which came as a result of free and fair elections in which the majority of the Libyan people participated, in all parts of Libya, and in its quest to fulfill the obligations entrusted to it regarding the enactment of legislation and the issuance of laws related to the electoral process, we affirm the resolve of the Libyan House of Representatives to facilitate all the procedures in order to hold the Presidential and Parliamentary national general elections on their scheduled date on December 24, 2021.

Accordingly, and pursuant to the directives of the Honorable Chancellor, the Head of the House of Representatives, kindly find attached, herewith, a copy of Law No. (1) of 2021 AD on the Election of the President of the State and the Determination of his Powers. Please be informed.

Kindly accept our highest esteem and appreciation,

Awad Jomaa Al-Fitouri
Director of the Presidency of the Libyan House of Representatives

 

LAW NO. (1) OF 2021

REGARDING THE ELECTION OF THE PRESIDENT OF THE STATE AND DETERMINING HIS COMPETENCES

The Libyan House of Representatives, after perusal of:

  • The Interim Constitutional Declaration issued on August 3, 2011 AD and its amendments;
  • Law No. (10) of 2014, regarding the election of the House of Representatives in the transitional period and its amendments;
  • Law No. (4) of 2014, regarding the adoption of the bylaws of the House of Representatives;
  • The conclusions of the House of Representatives in its ordinary session No. (01) for the year 2018 AD, which resumed on Tuesday, corresponding to August 17, 2021 AD;

The following Law has been promulgated:

 

Chapter (I)

Definitions

Article No. (1)

For the purposes of applying and interpreting this law, the words contained therein shall have the meanings associated with each of them, unless the context or presumption indicates another meaning.

  1. The Head of State: The highest Executive Authority in the State which has the right to look after and preserve the interests of the nation, safeguard them, and separates between the rest of the authorities during the transitional period.
  2. The High National Elections Commission (HNEC): The administrative and technical body in charge of overseeing the management and implementation of the electoral process in accordance with the provisions of Law No. (8) of 2013.
  3. Country: The State of Libya.
  4. Elections: The process of electing the Head of State by direct free suffrage.
  5. Electoral District: The geographical area that contains all the specified polling stations to execute the voting process in accordance with the provisions of this Law.
  6. Electoral Management Office: Branch of the High National Elections Commission (HNEC) responsible for following up and implementing the electoral process.
  7. Election Centre: It is a place determined by the HNEC to conduct the voting process, and it consists of several polling stations.
  8. Polling Station: The place where the ballot boxes, voting cards, and the Supervisory Committee for Managing the Voting Process inside the station are located.
  9. Head of the Polling Centre: The official appointed by the HNEC to supervise the voting process inside the Election Centre.
  10. Polling Station Manager: The clerk appointed by the HNEC to manage and implement the process of polling, voting, sorting and counting votes inside the polling station.
  11. Polling Officials: They are the employees of the HNEC at the polling stations in accordance with the regulations, procedures and tasks the HNEC sets for the purposes of implementing the voting and counting process.
  12. Ballot Paper: The consolidated paper issued by the HNEC for use in voting.
  13. The Breach: The infringement of the regulations and executive procedures of this Law, which has a direct or indirect impact on the results of the election process.
  14. Exclusion: Crossing out the names of candidates and voters from the preliminary lists due to their violation of the provisions of the law, its regulations and executive procedures.
  15. Withholding: It is the reservation of the voting result in one of the polling stations or centres until it is ascertained that there is no breach or obstruction of the conduct of the election process.
  16. Cancellation: The result of voting is considered invalid at the Election Centre, or one of its polling stations, due to the presence of violation of the procedures of the election process that affected its results.
  17. Voters Register: The electoral register prepared by the HNEC on and used to participate in the elections in accordance with the provisions of this Law.
  18. The Voter: Any person qualified to participate in the voting process under the provisions of this Law.
  19. Candidate: Every person whose candidacy application has been accepted in accordance with the provisions of this Law.
  20. Candidate’s Representative: A person acting on behalf of the candidate to submit and complete all administrative procedures and financial transfers necessary to fulfill the conditions of candidacy.
  21. Candidate’s Agents: A person, or persons, assigned by the candidate and approved by the HNEC to follow up on all procedures related to him/her, and to monitor the electoral process, in accordance with the provisions of this Law.
  22. Observers: Every national or international organization accredited by the HNEC to monitor the progress of the election process.
  23. Media Representatives: They are the media professionals accredited by the HNEC and licensed to monitor the electoral process and provide media coverage.

 

Chapter (II)

Preliminary Provisions

Article No. (2)

The High National Elections Commission (HNEC) is responsible for managing and implementing the election process in accordance with Law No. (8) of 2013 AD, and from the date of issuance of this Law, it begins its implementation, and in this it has the authority to set controls and mechanisms for implementing the electoral system contained in this Law; registering voters, accepting candidates, conducting polls, counting and scheduling the results, and it may specify the time periods necessary to complete and accomplish the stages of the electoral process in accordance with the law.

Article No. (3)

In coordination with the health sector’s authorities in the country, the HNEC reviews the situation of the Covid-19 pandemic and takes the necessary measures to implement the various phases of the electoral process.

Article No. (4)

The HNEC evaluates the extent to which registration and voting can be conducted outside the country, and accordingly takes a decision regarding voting outside the country.

Article No. (5)

Electoral competition for the position of Head of State shall be based on a single constituency system for the entire country. A Presidential candidate is considered a winner if he receives 50% +1 of the total number of valid votes. In the event that none of the candidates obtains 50% +1 of the total number of valid votes on polling day, the candidates who obtain the largest number of valid votes shall participate in a second round of voting, and the winner shall be the candidate with the largest number of votes in the second round.

 

Chapter (III)

Voting Right

Article No. (6)

A person exercising the right to vote must fulfill the following conditions:

1- He/she must be a Libyan citizen who has reached the age of (18) eighteen calendar years on the day of the poll and has full legal capacity.

2- Has the national number and is registered in the voter register in accordance with the procedures established by the HNEC.

Article No. (7)

The HNEC issues a card to each voter that is received in accordance with the systems and mechanisms set by the HNEC for the purpose of using it in the process of verifying that he has voted on the polling day.

Article (8)

The Civil Status Department works to provide data, information and technical capabilities to the HNEC as required by the electoral process.

 

Chapter (IV)

The Right to Candidacy and its Procedures

Article No. (9)

The Head of State is elected by direct universal secret ballot by the voters whose names are registered in the voters’ database, and each voter must exercise this right by himself.

A candidate for the position of President of the State must meet the following requirements:

1- To be a Libyan Muslim of Libyan Muslim parents.

2- He shall not hold the nationality of another country upon his candidacy.

3- He or she should not be married to a non-Libyan.

4- His age on the day of opening the registration for candidacy shall not be less than forty Gregorian years.

5- He must have at least a university degree or its equivalent from an accredited university.

6- He must enjoy his civil rights.

7- He shall not be convicted of any felony or misdemeanor of moral turpitude by a final court ruling.

8- He must be healthy enough to carry out the duties of the Presidency.

9- He must submit a declaration of his immovable and movable property for him, his wife and his minor children inside Libya and abroad.

10- He shall not be an employee of the HNEC or its electoral committees, or a member of any of the committees at the voting centres.

11- Any other conditions stipulated by law.

Article No. (11)

To accept candidacy for the Presidency, the candidate must submit a recommendation from a number of no less than (5,000) five thousand registered voters in the voters’ database.

Article No. (12)

Every citizen, whether civilian or military, shall be deemed to have stopped working and exercising his duties three months before the election date. If he was not elected, he shall return to his previous work and all his dues shall be paid to him.

Article No. (13)

The HNEC determines the controls, mechanisms, dates and places for applying for candidacy. The HNEC has the right to arrange acceptance of documents submitted for candidacy purposes.

Article No. (14)

The elected Head of State assigns a Vice-President to perform the duties of the President if his position becomes vacant during his tenure due to resignation, death or permanent inability to perform his duties. A new President will be elected within three months. The appointed Vice-President is required to have the same conditions applicable to the election of the president

 

Chapter (V)

Powers of the Head of State

Article No. (15)

The Head of State has the following competences:

1- Representing the State in its foreign relations.

2- Choosing the Prime Minister and assigning him to form a Cabinet, and dismissing him. He also chooses a Vice-President, provided that the Vice-President and Prime Minister are from a region other than the region to which the Head of State belongs, and that each of them is from different regions.

3- Assuming the duties of the Supreme Commander of the Libyan Army.

4- Appointing and dismissing the Head of the General Intelligence Service after the approval of the House of Representatives.

5- Appointing Ambassadors and Representatives of Libya to international organizations based on proposal of the Minister of Foreign Affairs submitted by the Cabinet.

6- Accreditation of representatives of foreign countries and organizations.

7- Issuing laws approved by the House of Representatives within a month, otherwise they are considered to be issued by force of law, unless he returns them to the Parliament within the specified period.

8- Concluding international agreements and treaties; and they are not effective until ratified by the House of Representatives.

9- Declaring a state of emergency after the approval of the National Security Council, to be presented to the House of Representatives for approval within a period not exceeding ten days. Martial law is not declared until after the approval of the House of Representatives.

10- Presiding over the meetings of the Council of Ministers {the Cabinet} when attending its sessions.

11- Any other competencies stipulated in the Constitutional Declaration and the law.

 

Chapter (XI)

Procedures for Running for the Office of President of the State

Article No. (16)

The date for the start of the procedures for electing the Head of State, the election day, and the day of the run-off, shall be determined by a decision issued by the House of Representatives based on the proposal of the High National Elections Commission (HNEC).

Article No. (17)

The application for candidacy shall be submitted to the High National Elections Commission (HNEC), on the form prepared by the HNEC, within the period it specifies, provided that it shall not be less than (10) ten days and not exceeding (30) thirty days from the date of opening registration for candidacy. The application must be accompanied by the documents specified by the HNEC, when submitted, in particular:

1- Forms for recommending the candidacy applicant.

2- Birth certificate of the applicant bearing the national number.

3- A photocopy of the academic degree he has obtained.

4- A declaration by the candidacy applicant that he is a Libyan of Libyan parents and that neither he nor either of his parents or his wife holds the nationality of another country.

5- The applicant’s Case Law Certificate.

6- A declaration of financial disclosure that includes all his movable and real estate assets inside or outside the country for him, his wife, and his minor children.

7- The medical report issued by the body determined by the High National Elections Commission with the result of the medical examination of the candidate.

8- A declaration that he has never been convicted of a felony or a crime involving moral turpitude or dishonesty, and that no disciplinary removal-from-post decision has been issued against him.

9- A receipt stating that an amount of ten thousand Libyan dinars has been paid into the treasury of the High National Elections Commission as a security that will be returned to him after the election result is announced, minus the publishing expenses, and the removal of electoral posters, as the case may be.

10- A statement of the chosen domicile at which the applicant is notified of all the work of the Commission related to him. All papers, acknowledgments, and documents submitted by the candidacy applicant are considered official papers in the application of the provisions of the Penal Code.

Article No. (18)

Candidacy applications are recorded according to the dates and hours of their receipt in a special roster, and receipts are given in particular. The rules and procedures set by the High National Elections Commission (HNEC) are followed with regard to their submission and preservation. The HNEC announces, in two widely distributed daily newspapers, and in the audio-visual media platforms, within the two days following the end of the period for receiving applications for candidacy, the names of those who submitted these applications, and the number of endorsers for them. Anyone who has applied for candidacy may object to the HNEC against any application made by another candidate, with a statement of the reasons for his objection, within the next two days from the date of the announcement in accordance with the procedures determined by the HNEC.

Article No. (19)

The High National Elections Commission shall examine candidacy applications, verify the fulfillment of the conditions set by the Constitutional Declaration, its Amendments, and the law, and decide on objections submitted in accordance with the provisions of the previous article, within the five days following the end of the period specified for submitting objections.

Article No. (20)

The High National Elections Commission (HNEC) shall notify whoever it decided that his candidacy application was declined with its decision and reasons of decline, within a period not exceeding (24) twenty-four hours from the date of its issuance in accordance with the procedures it determines. Anyone who has been excluded from candidacy may file a grievance against this decision within the two days following the date of his notification, and the HNEC will look into this grievance within the two days following the expiry of the previous period, after hearing the complainant’s statements or notifying him to appear before it and his failure to appear.

Article No. (21)

The High National Elections Commission (HNEC) shall prepare a final list of candidates’ names according to the priority of submitting candidacy applications, and it shall announce this list by publication in the available audio-visual media as well as in two widely circulated daily newspapers.

Article No. (22)

An applicant may withdraw his candidacy by submitting a written request to the High National Elections Commission (HNEC) before it announces the final list of candidates. A candidate may relinquish his candidacy by notifying the HNEC in writing, at least fifteen days prior to the date set for the polling, and the HNEC publishes the waiver in two widely circulated daily newspapers and in the audio-visual media platforms within two days from the date of its submission.

 

Chapter (VII)

Electoral Advertising

Article No. (23)

The HNEC shall announce, in the various official media outlets, the time period allocated for the electoral campaigns of the candidates, and it shall determine the controls and requirements of the electoral campaigns’ publicity for the specified period, in coordination with the relevant authorities.

Article No. (24)

Each candidate included in the approved final lists has the right to express his opinion and present his electoral program in accordance with the provisions of this Law, in a manner that does not violate public order and the candidates’ code of conduct.

Article No. (25)

It is prohibited for any person, during publicity campaigns, to use phrases that constitute incitement to commit crimes, or a breach of public security, or to use phrases that call for hatred, discrimination, or threaten national unity.

Article No. (26)

During the electoral campaign period, any candidate may publish his electoral campaign materials through the various publishing and advertising channels, provided that these bulletins carry information about the candidate, in addition to the name and address of the publishing house. Various electronic media platforms may also be used for electoral campaigning purposes in accordance with the provisions of this law

Article No. (27)

All electoral campaigning activities for candidates related to direct contact with voters ends on the day of electoral silence, i.e. 24 hours before the polling day.

Article No. (28)

Election campaigns are subject to the following basic principles:

  1. Commitment to the provisions and norms of Islamic Sharia.
  2. Compliance with the provisions of public order and applicable laws.
  3. Transparency of financing electoral campaigns for the candidates.
  4. Equality between candidates before state agencies and institutions.
  5. Respect for unity and national sovereignty.
  6. Observing the rules of social distancing.

Article No. (29)

It is prohibited for the candidate or his representative or delegate to practice the following activities:

  1. Organizing electoral campaigns inside mosques, government educational institutions, and the headquarters and departments of public institutions.
  2. Obstructing the electoral campaigns of other candidates by taking actions and issuing statements that would affect the voters’ stances.
  3. Providing gifts in kind and cash, or other benefits, in order to buy the votes of voters and influence their choices.
  4. Financing electoral campaigns from foreign sources, whether organizations, countries, or companies or media, through direct or indirect channels, or any other illegal sources.
  5. Receipt of any government support, or use of any publicly owned material or assets, except as provided in this law.
  6. Communication with workers in state institutions with the aim of conducting electoral campaigns for any of the candidates in their workplaces.
  7. Resorting to incitement to violence, or inciting tribal, regional or ethnic strife.
  8. Using the state flag or official emblems in advertisements, meetings and publications while carrying out electoral campaigns.

Article No. (30)

Each candidate is required to submit a detailed financial statement to the HNEC, certified by a chartered accountant, that includes the total revenues he obtained, indicating their source and nature, and the total expenses he incurred on his electoral campaign, indicating the aspects of their disbursement within (10) ten days from the date of the polling day. The same procedures are applied to the candidates who will compete in the second round, if any.

 

Chapter (VIII)

Polling Procedures

Article No. (31)

The House of Representatives determines the polling day on the proposal of the HNEC, and it shall be an official holiday throughout the country. In the event of a second round, the HNEC determines the polling day within the period specified in this Law.

Article No. (32)

If on that day it was not possible to conduct the polling process or it was canceled in one or more electoral centres, for any reason, the HNEC shall announce within (7) seven days the date and place of the polling.

Article No. (33)

The HNEC appoints a head for each polling center, and a director for each polling station, to implement and run the voting, sorting and counting operations, and to organize the presence of observers, agents, and media representatives. A decision is issued for them by the heads of the electoral management offices of the HNEC, after coordination with their original bodies.

Article No. (34)

The voting process period is one day, starting at eight o’clock in the morning and ending at eight o’clock in the evening, when the head of the polling center announces the end of the voting process inside the center, and the voting process continues after the specified time period if it is found that there are voters inside the polling center and they have not cast their votes yet. Voting in this case is limited to these voters only, and after announcing the end of the voting process, the process of sorting and counting votes begins immediately inside the polling station in the presence of the director and staff of the station, and the attendees of the observers and candidates’ agents. The regulation defines the procedures that must be followed during and after the sorting and counting process.

Article No. (35)

The voter casts his vote in complete secrecy, and it is not permissible to vote by proxy.

Article No. (36)

The HNEC takes the necessary measures to enable persons with disabilities to participate in the electoral process. Persons with disabilities and illiterate people who are unable to place their votes on the ballot paper may accompany an escort of their choice to assist them after the approval of the polling station director, and the permitted escort may not assist more than one voter.

Article No. (37)

After the voting process ends, the HNEC announces the preliminary results within (10) ten days from the date of the polling day.

Article No. (38)

After the appeal deadlines set out in this law expire, the HNEC will announce the final results and publish them in various official media platforms and on its official website.

Article No. (39)

If one of the presidential candidates does not obtain 50% +1 of the valid votes, the HNEC announces a second round with an emphasis on adjusting the time frame of the electoral process for the first round. The Commission sets regulations for organizing and implementing the second round.

 

Chapter (IX)

Exclusion, Withholding and Cancellation

Article No. (40)

The HNEC is the competent authority which is legally authorized to take all the procedures related to the exclusion of voters and candidates, and in this it has the right to set rules and regulations that govern the cases in accordance with the law.

Article No. (41)

The HNEC has the right to withhold the result of voting in one of the polling centers or one of its stations if it finds that there is a violation of the executive procedures that would prejudice the results of the voting process. The regulation of this Law defines the executive procedures for the withholding cases.

Article No. ( 42 )

The Council of the HNEC decides to cancel the voting result, in whole or in part, for any of the polling centers or one of its stations if it is proven that the violation affected the election result, in accordance with what is determined by the regulation of this Law.

Article No. (43)

In the event that it is not possible to conduct the polling process in one or more polling centers as a result of force majeure, and after the expiry of the period specified for the re-polling referred to in accordance with the provisions of this Law, and if this directly affects the final result, the HNEC announces the postponement of the polling process in those centers, and the House of Representatives determines another date for conducting the voting process within (30) thirty days, or the disappearance of the reason, whichever comes first, based on a report submitted by the HNEC in this regard. If it is not possible to conduct the voting process throughout the country in accordance with the Constitutional Declaration and its amendments and the law, and for compelling reasons, the HNEC, in coordination with the House of Representatives, sets a new date for voting.

Article No. (44)

The regulation of this law determines the votes that are not counted.

 

Chapter (X)

Electoral Appeals

Article No. (45)

Every interested party has the right to file an appeal against the registration of any voter who did not fulfill the eligibility conditions and requirements stipulated in this Law before the partial judge of the competent court in the region in which the registration center is located within (48) forty-eight hours from the date of publishing the preliminary lists of voters. The appeal must be decided within a period not exceeding two days. Concerned persons may appeal the court’s decision before the Court of First Instance within three days, (72) hours, from the date of issuance of the judgment. The appeal must be decided within three days, (72) hours, from the date of filing the appeal, and the judgment shall be final and not subject to appeal in any way, and shall be implemented by the HNEC.

Article No. (46)

For the purpose of the appeal process related to the registration of candidates, the results and the executive procedures set by the HNEC, or the decisions or actions taken by it in the Presidential election process, the judicial authority shall establish a Special Appeals Committee composed of judges of the courts of First Instance to consider the appeals related to this Article.

Article No. (47)

For the purpose of implementing the appeal process on appeals related to the Article above, the Judicial Authority shall establish a Special Appeals Committee composed of judges of the Supreme Judicial Council.

Article No. (48)

Any interested party may file an appeal in accordance with the following:

1. Submit an appeal against the registration of candidates before the Special Appeals Committee within (72) seventy-two hours from the publication of the list of registered candidates.

2 . Submit an appeal against polling procedures and scheduling of results that have a direct impact on the election outcome within (48) forty-eight hours from the date of publication of the preliminary results.

The Special Appeals Committee has the right to partially cancel the results only if it is convinced that the violations were repeated on large scale manner, and in a way that directly affected the results.

3. Submit another appeal against violations of the provisions of this Law, the executive procedures set by the High National Elections Commission, or the decisions or procedures of the HNEC within (48) forty-eight hours from the date of the violation, before the Special Appeals Committee.

The concerned courts referred to in this Article shall consider and decide on appeals within (72) seventy-two hours from the date of submitting the appeal, with all court decisions being published.

Article No. (49)

It is not acceptable to challenge any of the procedures of the stages of the election process, in the following cases:

  1. Failure to submit the appeal within the legal time limit.
  2. The appeal does not coincide with the provisions of this Law and the interim procedures for the election process set by the High National Elections Commission (HNEC).
  3. Submission of an appeal by a non-interested person.
  4. Failure to provide evidence by the appellant.
  5. If the court did not notify the HNEC of the decision within the specified period.

Article No. (50)

Those with interest may appeal the judgment before the Special Appeals Committee within (72) seventy-two hours from the date of issuing the arbitrator’s decision. The appeal must be decided within (3) three, days (72) seventy two hours, from the date of the appeal. The judgment shall be final and non-appealable and shall be implemented by the High National Elections Commission.

Article No. (51)

In all cases, the provisions of the Civil and Commercial Procedures Law shall apply in respect of matters not provided for in this Law.

Article No. (52)

Subject to the provisions of Act No. (88) of 1971 AD regarding the establishment of the Government Cases Department, the Chairperson of the HNEC Council or whomever he delegates may represent it and appear before all appeals brought against it.

Article No. (53)

Appeals against voter registry procedures are free of charge, with no court fees. A fee of one hundred (100) Libyan dinars is charged for any challenge to any procedure of the electoral process.

Article No. (54)

The Supreme Judicial Council will issue the executive regulations for the establishment of a mechanism for appointing and defining the tasks of the challenges and appeals committees, as well as the rules and places for submitting appeals.

 

Chapter (XI)

Monitoring the Electoral Process

Article No. (55)

Civil society institutions, relevant regional and international organizations, as well as candidates’ agents, may, after being approved by the High National Elections Commission (HNEC), participate in monitoring the electoral process. Media representatives may also cover the elections in accordance with this Law and its regulations.

Article No. (56)

The election shall be monitored by observers and agents, as follows:

  1. Monitoring the extent to which polling and voting procedures are subject to the relevant laws and regulations.
  2. Visiting and inspecting the polling stations at any time and without prior notice.
  3. Monitoring the integrity and impartiality of the persons responsible for the implementation of the electoral process, and their compliance with the provisions of this Law and the regulations issued thereunder.

Article No. (57)

Monitors and agents may not interfere in any way, directly or indirectly, in the decisions and regulatory actions taken by the heads of the centers and stations. However, they may ask questions orally or in writing.

Article No. (58)

The High National Elections Commission (HNEC) is committed to facilitating the tasks of observers, agents, and representatives of the media in a manner that lends credibility, freedom and integrity to the election process, and it may withdraw the accreditation of the observers at any time if it is proven that they have undertaken any act that contradicts the provisions of this Law and its implementing regulations.

Article No. (59)

The regulation of this law defines the rights and duties of monitors, agents, and media representatives, and the procedures for their accreditation.

 

Chapter (XII)

Electoral Crimes

Article No. (60)

Any person shall be punished by imprisonment if he/she:

  1. Casts his vote under the name of someone else;
  2. Votes more than once;
  3. Casts his vote on polling day knowing that he is not entitled to do so.

Article No. (61)

Any person shall be punished by incarceration and a fine not exceeding LYD 5,000 if he/she:

1- Used coercion or threats to prevent a voter from casting his or her vote, or influencing the electorate.

2- Prevented observers, candidate agents and accredited political entity agents from monitoring the electoral process.

3- Gave another person, or offered him, a gift, or committed himself to provide him with a certain benefit, for himself or for others, directly or indirectly, in order to induce him to abstain from voting or to induce him to vote in a certain way.

4- Accepted from someone else or solicited an interest for himself, or for another person, in return for voting.

5- Disseminated, broadcast or made available to third parties the means to do so, false or misleading statements or news or other methods of fraud on the electoral process, or participated directly or indirectly in compromising the conduct of one of the candidates or his voters, with the intention of affecting the conduct of the electoral process and its outputs.

6- Undertook any act of printing or circulating voter cards or other sensitive electoral materials used in the electoral process without permission from the HNEC.

7- Involved in voter fraud or vote rigging in the use of voter cards, vote counting or counting papers.

8- Assaulted the secrecy of voting or impeded any of the voting activities, or concealed, embezzled, or destroyed any document related to the electoral process with the intent of obstructing the process or affecting the election results.

The candidate who is the beneficiary of the offenses set forth in this Article of the electoral process shall be punished by the penalty of the original perpetrator if a form of participation is available.

Article No. (62)

Anyone who insults, even by reference, the Head and members of the HNEC Council, or any other electoral officer during the performance of his or her post, or because of his or her post, shall be punished by imprisonment.

Whoever carries a visible or hidden weapon inside the polling center or in the offices of the HNEC shall be punished with the same penalty. Carrying weapons is restricted to those in charge of security in the perimeter of the Centre.

Article No. (63)

Any person shall be punished by incarceration and a fine not exceeding LYD 10,000 if he/she:

  1. Prevented or directly obstructed the electoral process.
  2. Used force against, or threatened, any of the persons in charge of the election process.
  3. Whoever damages buildings, facilities, means of transportation, or equipment designated for use in the election process with the intention of obstructing its functioning.
  4. Blocked the means of transporting the ballot boxes for the purpose of seizing, or bargaining over them, or to obstruct the sorting and counting process.
  5. Destroyed, concealed or altered the voter registers, ballot papers or their electronic systems.

Article No. (64)

Shall be punished by imprisonment and a fine of not more than (LYD 5000) five thousand Libyan dinars, and ban from candidacy for a period of (5) five years, any candidate who:

  1. Participated in any action that would obstruct the election campaign of another candidate.
  2. Conducted his campaign publicity through foreign media outlets except for websites.
  3. Carried out activities that amount to electoral campaigning on the day of the poll or breach of the electoral silence {campaign silence} day.
  4. Used mosques, public headquarters, or educational and educational institutions for his electoral promotion campaign.
  5. Made false statements and information with the aim of influencing the election results.

Article No. (65)

Shall be punished by imprisonment and a fine of not more than (LYD 5000) five thousand Libyan dinars, anyone who uses expressions that incite crimes, destabilize public security, spread hatred or discrimination, express regional or tribal fanaticism, offend public morals, or affect the honor of some voters, candidates, or those in charge of the election process.

Article No. (66)

Any person or candidate who received financial subsidies from a foreign entity directly or indirectly for the purpose of obstructing the election process shall be punished by imprisonment and a fine not exceeding double the funds obtained, and shall be prevented from running for elections for a period not exceeding (7) years from the date of the final ruling.

Article No. (67)

The candidate’s result shall be withheld and shall be punished with a fine of no more than (5,000) five thousand Libyan dinars, and deprivation from candidacy for a period not exceeding (3) three years, each candidate who did not submit a detailed statement to the HNEC that includes the sources of funding for his electoral campaign, and aspects of disbursement, according to the procedures prepared for this purpose.

Article No. (68)

Every public official who abuses his position to influence the results of the election process shall be punished with imprisonment and removal from office.

Article No. (69)

Anyone who violates the instructions issued by those in charge of the election process when exercising their duties shall be punished by imprisonment for a period not exceeding one month or a fine not exceeding (LYD 1,000) one thousand Libyan dinars.

Article No. (70)

If the crimes stipulated in this Chapter are committed by the persons charged with working in the polling centers, or by the security men charged with securing the election process, the penalty shall be increased by no more than one third.

Article No. (71)

The penalties provided for in this Law shall not prejudice any heavier penalty than that stipulated in the Penal Code or any other law.

 

Chapter (XIII)

Final Provisions

Article (72)

The Chairperson and members of the HNEC Council, the heads of the committees in the electoral administration offices, their members and the heads of the polling centers, have the authority of the judicial officer in relation to the crimes stipulated in this Law.

Article No. (73)

Under this Law, the President of the State is elected for a period of (4) four years, and the provisions of this Law apply for another electoral cycle, unless the Constitutional Declaration regarding the election of the Head of State is amended, or a law is issued for presidential elections before the end of the President’s term of office.

Article No. (74)

The financial treatment of the Head of State and his Deputy is determined by a law issued by the House of Representatives.

Article No. (75)

The government takes all necessary measures to secure the conduct of the election process, and is committed to the following:

  1. Securing the election process in a way that ensures that participants in the electoral process exercise their rights.
  2. Providing the financial coverage necessary for conducting the election process based on the estimated budget proposed by the HNEC.
  3. Issuing instructions and assignments to ministries and their affiliated bodies that are directly and indirectly related to providing the necessary support for conducting the election process, in accordance with the requirements of the HNEC.

Article No. (76)

All State security and civil institutions must provide the required support for the electoral process to overcome all challenges that may hinder its implementation.

Article No. (77)

This Law shall come into force from the date of its issuance, and every provision that contradicts it shall be repealed. This Law shall be published in the Official Gazette and disseminated in the accessible media outlets.

 

The Libyan House of Representatives

This Law Is Promulgated in Libya on September 8, 2021

 

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