17 April 2024 06:32 PM

National Elections Authority

Friday، 13 October 2023 08:56 AM

The National Elections Authority was established in the Arab Republic of Egypt in accordance with the provisions of the 2014 Constitution, of which Article 208 stipulates the establishment of the Authority as an independent body, exclusively responsible for managing referendums and presidential, parliamentary, and local elections, starting with preparing and updating the voter database, proposing the division of districts, and determining controls. Advertising, financing, electoral spending, announcing it, monitoring it, facilitating voting procedures for Egyptians residing abroad, and other procedures until the result is announced. And it all as regulated by law.

 

Article 209 of the Constitution stipulates: “The National Elections Commission is administered by a board made up of 10 members selected equally from among the vice-presidents of the Court of Cassation, the presidents of the Courts of Appeal, the vice-president of the State Council, the State Affairs and Administrative Prosecution, who are to be selected by the Supreme Judicial Council and special councils of the aforementioned judicial bodies depending on the circumstances, provided that they are not members in them. They are appointed by decree from the President of the Republic. They are selected to exclusively work at the Commission for one term of at least six years. The Commission’s presidency belongs to its most senior member from the Court of Cassation.”

It also required that the Authority have a permanent executive body whose composition, work system, and the rights and duties of its members and their guarantees shall be determined by law, in a way that achieves their neutrality, independence, and integrity.

Voting, counting in referendums, and elections are managed by members of the Authority under the supervision of its Board of Directors, and it may seek the assistance of members of judicial bodies.

Article 210 of the Constitution requires that the voting and counting of votes in elections and referenda in the 10 years following the date on which this Constitution comes to effect are to be overseen by members of judicial bodies and entities in the manner set out in the law.

Within the framework of the Constitutional Decree, Law No. 198 of 2017 regarding the National Elections Authority was issued and published in the Official Gazette in No. 30 bis (b) on 1/8/2017 - and it will be effective as of 2/8/2017.

The most prominent provisions of this law are as follows:

-       The National Election Authority is an independent authority with a legal personality and is technically, financially and administratively independent.

-       The Authority is exclusively mandated to administer referenda and presidential, parliamentary and local council elections; to organize all the processes relevant to these elections; and to supervise these elections with complete independence and impartiality as regulated by this law. No intervention in its work or mandate is allowed.

-       The Authority works within this framework on ensuring the right to vote for each voter and equality between all voters and candidates during referenda and elections.

-       Organizing how to appeal the Authority’s decisions before the judiciary.

-       - A provision to guarantee the independence and impartiality of the president, deputies, and members of the executive body of the authiority, and that none of them belong to any coalition or political party.

-       A stipulation of the commitment of the Chairman and members of the Authority’s Board of Directors, the Chairman of the Executive Board, his deputies, members and employees of the Authority not to have any cases of conflict of interest occur against them.

Specialties of  National Elections Authority

 

The National Elections Authority consists of the Board of Directors of the Authority, and the permanent executive body of the Authority.

The Authority also has an organizational structure, and according to the text of Article 7 of Law No. 198 of 2017, regarding the National Elections Authority, The Board is the highest governing body of the Authority and is mandated to set and implement

the necessary policies to achieve its objectives and goals and to exercise its jurisdiction.

And in doing so the Board shall:

1. Issue decrees and internal by-laws related to financial, administrative and technical affairs

of the Authority, without being restricted by governmental rules.

2. Set the by-laws that regulate staff affairs of the Authority.

3. Approve the draft annual budget and certify the final account statements of the Authority.

4. Propose entering into agreements that fall within the scope of work of the Authority in consultation with the relevant ministries, and cooperate with international organizations and entities that specialize and work in the field of the Authority.

5. Convene conferences, seminars, and research roundtables related to referenda and elections.

6. Cooperate with research centers and specialized institutes to support the goals of the Authority.

7. Supervise the Members and Committees during polling and counting processes in referenda and elections.

8. Set the rules and instructions related to polling, counting and distribute these rules and instructions to the members [of general committees and polling stations] in a timely fashion before the date of a referendum or election in order to follow the instructions.

9. Produce and publish a detailed final report on each referendum or electoral process with all its stages, the summary of which is to be published in the Official Gazette, and the report shall be presented to the President of the Republic, the Speaker of the House of Representatives and the Prime Minister.

10. Prepare and publish an annual report on the activities and work of the Authority to be sent to the President of the Republic, the Speaker of the House of Representatives and the Prime Minister for their information.

11. Review the periodic reports that the Executive Director submits to the Board.

12. Set the rules related to campaigning, financing and electoral spending and also, announcing and monitoring these rules, detecting the offenders and reporting them to the relevant authorities.

13. Take into consideration any matters that fall within its jurisdiction that the President or any of the Board members wishes to raise to the Board.

 

Formation of the National Elections Authority

The Board of Directors of the National Elections Authority was formed pursuant to Decisions of the President of the Republic No. 503 of 2017, 582 of 2020, 595 of 2020, 248 of 2023, and 426 of 2023 as follows:

 

President of the National Elections Authority:

 

Counselor Mr. Hazem Hussein Badawi - Vice President of the Court of Cassation

 

Membership of:

 

From the Court of Cassation:

 

Counselor  Ahmed Abdel Azim Matar - Vice President of the Court of Cassation

 

From the courts of appeal:

 

Counselor  Mohsen Dardir Ali Omar Hamdan - President of the Court of Appeal

 

Counselor Mohamed Ali Hassan Abdel Wahed - President of the Court of Appeal

 

From the State Council:

 

Counselor Dr. Mohamed Ahmed Shafiq Al-Janak - Vice President of the State Council

 

CounselorMahmoud Rashid Muhammad Amin - Vice President of the State Council

 

From the State Litigation Authority:

 

Counselor Abdel Hamid Negashi Abdel Hamid - Vice President of the State Litigation Authority

 

Advisor Mahmoud Muhammad Abdel Wahed - Vice President of the State Litigation Authority

 

From the Administrative Prosecution Authority:

Counselor  Sherif Mohamed Mounir Hashish - Vice President of the Administrative Prosecution Authority

 

Counselor Hani Ahmed Mohamed Gadallah - Vice President of the Administrative Prosecution Authority


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