General Elections Law for the Year 1998
(Law No. 15 for the Year 1998)
In accordance with the constitution of the Republic of Sudan for the year 1998, the National Council has passed and the President of the Republic has signed the law whose text reads as follows:
Title of the Law and its Application
Article One: This law shall be called “General Elections Law for the year 1998”, and shall be put into force upon its certification.
Deletion and Exception
Article Two: The General Elections Law for the year 1995 shall be revoked, however, any regulations or rules issued since shall stay effective unless abrogated or modified according to the articles of this law.
Article Three: The following words and expressions, wherever stated in this law, shall have the meanings assigned thereto hereunder unless the context provides otherwise:
The National Circle means the geographic circle that comprises electors eligible to vote for the National Referendum or the President’s election or members of the National Assembly.
The Provincial Circle means the geographic circle that comprises electors eligible to vote for the Provincial Magistrate or the Provincial Assembly members.
The Local Circle means the geographic circle that comprises electors eligible to vote for members of the Local Assembly.
The Referendum means the procedure that is carried out by “The Commission “to hold a national referendum according to article 26 of this law.
The Higher Councils means the councils formed according to article 6 of this law.
The Periphery Council means the periphery council for any election or referendum formed according to article 8 of this law.
The Elector means the elector for the direct or special or indirect elections whose proficiency requirements are detailed in article 10 of this law.
The Elections means the polling of the electors according to the Constitution and the Law to elect the President, or Provincial Magistrates, or National Assembly members, or Provincial or Local Assembly members, or the governor or the members of any party “The Commission” should hold a referendum for.
The Commission means the general elections’ commission mentioned in article 4 of this law.
The Commission and its Structure and its Responsibilities
1- An independent commission shall be established and named “the General Elections Commissions” having a legal personality.
2- By a Presidential decree and the approval of the National Assembly, The Commission shall comprise of a president and two members, on the condition that they are chosen for their merit, neutrality and honesty. The President shall fix their stipends.
3- The Commission shall be liable to the President and the National Assembly for its actions.
The Commission’s Jurisdictions and Powers
Article Five: “The Commission” shall have the jurisdiction and the power to prepare the general record and any other document, and to impose general rules for the elections and the referendums, and to take executive measures to administer these acts. The Commission, and none else, shall have the following jurisdictions and powers:
a) Preparing the general elections record, its publication, its safekeeping, its annual revision and its endorsement,
b) Preparing the electors’ record for the indirect elections,
c) Carrying out the elections for the President of the Republic or the Provincial Magistrate, and for members of the National Assembly and of the Provincial and Local Assemblies,
d) Carrying out the referendum according to the constitution of the Republic,
e) Delineating the geographic circles for the direct elections,
f) Displaying fairly the candidates to the voters through the public media and communication means,
g) Fixing the procedures and the time schedules for the candidates to declare their candidacy and their endorsement, for the appeals and the tasks of the “Reconciliatory Council”, for the withdrawal of candidates and for the final tally of the candidates,
h) Regulating the display of the candidates for the public opinion, and preparing labels for the candidates to present them to voters, and arranging the representation of the candidates, and keeping the timing of all these procedures,
i) Fixing the proceedings and the time-schedules and preparing the local polling stations,
j) Fixing the measures to ensure discipline, freedom and justice in the polling proceedings, and to ensure proper control over these measures,
k) Checking the number of voting cards, and regulating the tally of the final results, the elections and the referendum, and declaring the election’s or the referendum’s final results,
l) Postponing any election’s or referendum’s procedure due to a force majeure, and abrogating the election results if the Commission receives any proof of misconduct in any circle, on the condition that it should redress the faux pas as soon as possible,
m) Fixing the tasks, the powers, the procedures and the service conditions of the registration officers or the election or referendum officers,
n) Rectify any matters or procedures or orders necessary for the registration or the election or the referendum processes.
The Higher Councils and the Appointment of Registration and Election Officers:
Creation of the Higher Councils
Article Six: The Commission shall create Higher Councils for the Provinces to revise the registration process, or to carry out elections or referendums, or to carry out any procedure falling within the Commission’s jurisdiction. Members of the Higher Councils shall be chosen for their neutrality, independence and honesty.
The Higher Councils’ jurisdictions and powers
Article Seven: The Higher Councils shall have the following jurisdictions and powers:
a) Issuing orders or decisions or measures to control the registration process or the elections or the referendum processes according to the rules of this law and the rules enunciated by the Commission,
b) Prompting the necessary arrangements for the candidacy and the general display of the candidates to the voters, and regulating the publication and the promotion of the candidates’ programs,
c) Taking the necessary arrangements to run the voting procedure,
d) Conveying any results or recommendation to the Commission,
e) Any other jurisdictions or powers designated to it by the Commission.
Creation of Periphery Councils
Article Eight: The Higher Council has the right, upon the approval of the Commission, to create temporary Periphery Councils in every referendum circle or station or indirect election post, and to fix their jurisdictions and powers.
Registration and Election Officers
1- The Commission appoints permanent officers to regulate the public election record and to maintain it, or temporary officers to review the public election record in the Periphery Council’s command headquarters that has that authority.
2- The Higher Council appoints temporary officers to carry a referendum for or to elect the command of any Periphery Council in any indirect election post or circle.
3- The Commission has the right to appoint temporary councils to do any check or investigation or revision concerning any election or referendum
General Elections Law for the Year 1998