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中华人民共和国全国人民代表大会和地方各级人民代表大会选举法(第三次修正)(二)

2006-05-16 16:11   我要纠错 | 打印 | 收藏 | | |

  Chapter VI Registration of Voters

  Article 26 The registration of voters shall be conducted on the basis of electoral districts, and the voters' qualifications confirmed through registration shall have long-term validity. Prior to each election, voters who have reached the age of l8 since the last registration of voters or who have had their political rights restored after a period of deprivation of political rights has expired, shall be registered. Voters who have moved out of the electoral districts where they originally registered shall be included in the roll of voters in the electoral districts to which they have newly moved; those who are deceased or have been deprived of political rights according to law shall be removed from the roll.

  Citizens who suffer from mental illness and are incapable of exercising their electoral rights shall, upon determination by the election committee, not be included in the roll of voters.

  Article 27 The roll of voters shall be made public 20 days prior to the date of election, and voter registration cards shall be issued. Where voters take part in elections and cast their votes on the strength of their voter registration cards, they shall be issued voter registration cards.

  Article 28 Anyone who has an objection to the roll of voters may appeal to the election committee. The election committee shall make a decision on the appeal within three days. If the appellant is not satisfied with the decision, he may bring a suit in the people's court at least five days prior to the date of election, and the people's court shall make a judgment before the date of election. The judgment of the people's court shall be final.

  Chapter Ⅶ Nomination of Candidates for Deputies

  Article 29 Candidates for deputies to the national and local people's congresses shall be nominated on the basis of electoral districts or electoral units.

  Political parties and people's organizations may either jointly or separately recommend candidates for deputies. A joint group of at least ten voters or deputies may also recommend candidates. Those who submit recommendations shall inform the election committee or the presidium of the congress of their candidates' backgrounds.

  Article 30 The number of candidates for deputies to the national and local people's congresses shall be greater than the number of deputies to be elected.

  The number of candidates for deputies to be directly elected by the voters shall be from one third to 100 percent greater than the number of deputies to be elected; the number of candidates for deputies to be elected by various local people's congresses to the people's congresses at the next higher level shall be 20 to 50 percent greater than the number of deputies to be elected.

  Article 31 Candidates for deputies to the people's congresses to be directly elected by the voters shall be nominated by the voters in the various electoral districts and by the various political parties and people's organizations. The election committee shall collect and publish, l5 days prior to the date of election, the list of nominees for deputies for repeated deliberation, discussion and consultation by voter groups in the respective electoral districts and shall decide, in accordance with the opinion of the majority of voters, upon a formal list of candidates to be made public five days prior to the date of election.

  When a local people's congress at or above the county level is to elect deputies to a people's congress at the next higher level, the time for nominating and deliberating candidates for such deputies shall not be less than two days. The presidium of the people's congress at the said level shall print and distribute the list of the candidates nominated according to law to all the deputies for deliberation and discussion. If the number of the nominees conforms to the proportion for competitive election as provided in Article 30 of this Law, balloting competitive election shall be held directly. If the number of the nominees exceeds the maximum proportion for competitive election as provided by Article 30 of this Law, preliminary election shall be held. By the order of the number of votes that the nominees have obtained in the preliminary election, a formal list of candidates shall be determined in agreement with the specific proportion for competitive election as it contained in the measures of election adopted by the people's congress at that level in accordance with this Law, and then balloting shall be held.

  Article 32 When a local people's congress at or above the county level is to elect deputies to the people's congress at the next higher level, the nominees for deputies shall not be limited to the current deputies to the lower people's congress.

  Article 33 The election committee or the presidium of the people's congress shall brief voters or deputies on the candidates for deputies. Political parties, people's organizations, voters and deputies that have nominated candidates for deputies may brief voters on those candidates at group meetings of voters or deputies. However, such briefings must stop on the day of election.

  Chapter Ⅷ Election Procedure

  Article 34 Where voters directly elect deputies to a people's congress, they shall, as prescribed by the election committee, be issued ballots on the strength of their identification cards or voter registration cards. In each electoral district, polling stations shall be set up, mobile polling boxes provided or election meetings held for the election. Balloting shall be presided over by the election committee.

  Article 35 Where a local people's congress at or above the county level is to elect deputies to the people's congress at the next higher level, the election shall be presided over by the presidium of the lower people's congress.

  Article 36 The election of deputies to the national and local people's congresses shall be by secret ballot.

  If a voter is illiterate or handicapped and is therefore unable to write his ballot, he may entrust another person to write it for him.

  Article 37 A voter may vote for or against a candidate for deputy and may vote instead for any other voter or abstain.

  Article 38 A voter who is absent from his electoral district during the time of an election may, with the approval of the election committee and by written authorization, entrust another voter with a proxy vote. A voter shall not stand proxy for more than three persons.

  Article 39 When balloting has been concluded, scrutineers and vote- counters elected by the voters or deputies, and members of the election committee or members of the presidium of the people's congress shall check the number of people who voted against the number of votes cast and make a record of it, the record shall be signed by the scrutineers.

  Article 40 An election shall be null and void if the number of votes cast is greater than the number of people who voted, and it shall be valid if the number of votes cast is less than the number of people who voted.

  A ballot shall be null and void if more candidates are voted for than the number of deputies to be elected, and it shall be valid if fewer candidates are voted for than the number of deputies to be elected.

  Article 41 In a direct election of deputies to the people's congresses, the election shall be valid, if more than half of all the voters in an electoral district cast their votes. Candidates for deputies shall be elected only if they have obtained more than half of the votes cast by the voters that take part in the election.

  When a local people's congress at or above the county level is to elect deputies to a people's congress at the next higher level, candidates for deputies shall be elected only if they have obtained more than half of the votes of all the deputies.

  Where the number of candidates who have obtained more than half of the votes exceeds the number of deputies to be elected, the ones who have obtained more votes shall be elected. Where the number of votes for some candidates is tied, making it impossible to determine the ones to be elected, another balloting shall be conducted for these candidates to resolve the tie, and the ones who have obtained more votes shall be elected.

  If the number of elected deputies who have obtained more than half of the votes is less than the number of deputies to be elected, another election shall be held to make up the difference. When another election is held, the name list of candidates shall, by order of the number of votes they have obtained in the first balloting, be determined in accordance with the proportion for competitive election as provided in Article 30 of this Law. If only one deputy is to be elected, the number of candidates shall be two.

  When another election is held to elect deputies to the people's congress at the county or township level in accordance with the provisions in the preceding paragraph, the candidates Who have obtained more votes than the others shall be elected; however, the number of the votes they have obtained shall not be less than one-third of the votes cast. When another election is held by the local people's congress at or above the county level to elect deputies to the people's congress at the next higher level, the candidates shall be elected only when they have obtained a majority vote of all the deputies.

  Article 42 The election committee or the presidium of the people's congress shall determine, in accordance with this Law, whether or not the result of an election is valid and shall announce it accordingly.

  Chapter Ⅸ Supervision, Recall and By-elections Held to Fill Vacancies

  Article 43 All deputies to the national and local people's congresses shall be subject to the supervision of the voters and the electoral units which elect them. Both the voters and electoral units shall have the rich to recall the deputies they elect.

  Article 44 With respect to deputies to the people's congress at the county or township level, a group of thirty or more voters in the electoral district may submit a demand in writing to the standing committee of the people's congress at the county level for the recal1 of a deputy they elected.

  In a demand for the recall of a deputy, the reasons for the recall shall be clearly stated. The deputy proposed to be recalled shall have the right to defend himself at the voters' meetings or may present a written statement in his own defence.

  The standing committee of the people's congress at the county level shall print and distribute the demand for the recall of a deputy and the written defence of the deputy proposed to be recalled to the voters in the electoral district from which he was elected.

  When the demand for the recall of a deputy is put to vote, the standing committee of the people's congress at the county level shall dispatch a relevant leading member to preside over it.“

  Article 45 When a local people's congress at or above the county level is in session, the presidium or a group of at least one-tenth of the deputies may submit a proposal for the recall of a deputy to the people's congress at the next higher level who was elected by the people's congress at or above the county level. When the people's congress is not in session, the council of chairmen of the standing committee of the local people's congress at or above the county level or a group of at least one-fifth of the component members of the standing committee may submit a proposal for the recall of a deputy to the people's congress at the next higher level who was elected by the people's congress at or above the county level. In the proposal for the recall of a deputy, the reasons for the recall shall be clearly stated.

  When a local people's congress at or above the county level is in session, the deputy proposed to be recalled shall have the right to defend himself or to submit a written defence at the meeting of the presidium or at the plenary meeting of the congress; the presidium shall have the written defence printed and distributed to the deputies. After the proposal for the recall of the deputy is deliberated by the deputies at the meeting, it shall be submitted by the presidium to the plenary for voting.

  When the standing committee of a local people's congress at or above the county level meets, the deputy proposed to be recalled shall have the right to defend himself or submit a written defence at the council of chairmen or the plenary meeting of the standing committee; the council of chairmen shall have the written defence printed and distributed to the members of the standing committee. After the proposal for the recall of the deputy is deliberated by the members of the standing committee, it shall be submitted by the council of chairmen to the plenary meeting for voting.“

  Article 46 The proposal for the recall of a deputy shall be voted by secret ballot.“

  Article 47 The recall of a deputy to the people's congress at the county or township level shall be adopted by a majority vote of all the voters in the electoral district from which the deputy was elected.

  The recall of a deputy elected by the local people's congress at or above the county level shall be adopted by a majority vote of all the deputies to the people's congress; when the people's congress is not in session, the recall of the deputy shall be adopted by a majority vote of all the component members of the standing committee. The resolution on the recal1 shall be reported to the standing committee of the people's congress at the next higher level for the record.“

  Article 48 When a deputy serving on the standing committee of a people's congress at or above the county level or on a special committee of the National People's Congress, or of the people's congress of a province, autonomous region, municipality directly under the Central Government, of a city divided into districts or of an autonomous prefecture is recalled, he is dismissed accordingly from membership on the standing committee or special committee, which shall be announced by the presidium or the standing committee.

  When a deputy serving as chairman or vice-chairman of the people's congress of a township, a nationality township or a town is recalled, he is dismissed accordingly from chairmanship or vice-chairmanship, which shall be announced by the presidium.

  Article 49 Deputies to the National People's Congress and deputies to the people's congresses of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures may submit their resignations to the standing committee of the people's congress that elected them. A deputy to the people's congress at the county level may submit his written resignation to the standing committee of the people's congress at that level; a deputy to the people's congress at the township level may submit his written resignation to the people's congress at that level.

  Article 50 When the request of a deputy for resignation is granted, his membership on the standing committee of the peoples' congress at or above the county level or on the special committee of the National People's Congress, or the people's congress of a province, autonomous region, municipality directly under the Central Government, a city divided into districts or an autonomous prefecture shall be terminated accordingly, which shall be announced by the standing committee.

  When the request of a deputy for resignation is granted, his chairmanship or vice-chairmanship of the people's congress of a township, a nationality township or a town shall be terminated accordingly, which shall be announced by the presidium.

  Article 51 If a deputy's post becomes vacant for some reason during his term of office, the electoral district or electoral unit which elected him shall hold a by-election to fill the vacancy.

  If a deputy to a local people's congress at any level is transferred or moves out of his administrative area during his term of office, he is automatically disqualified as deputy and a by-election shall be held to fill the vacancy.

  When the local people's congresses at or above the county level are not in session, their standing committees may conduct by-elections to fill vacancies left by deputies to the people's congresses at the next higher level.

  When by-elections are conducted to fill the vacant posts of deputies, the number of candidates may be greater than the number of deputies to be elected; or it may equal to the number of deputies to be elected. The procedures and methods of conducting by-elections shall be stipulated by the standing committees of the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government.

  Chapter Ⅹ Sanctions Against Disruption of Elections

  Article 52 In order to ensure that the voters and deputies freely exercise their right to vote and stand for election, administrative or criminal sanctions shall, in accordance with the law, be taken against persons who commit any of the following illegal acts:

  (l) use of violence, threat, deception, bribery or other illegal means to disrupt an election or interfere with a voter or deputy in the free exercise of his right to vote and stand for election;

  (2) forgery of electoral documents, falsification of vote tallies or other illegal acts; and

  (3) suppression of or retaliation against anyone who incriminates or informs against a person committing illegal acts in an election or who demands the recall of a deputy.

  Chapter Ⅺ Supplementary Provisions

  Article 53 The standing committees of the people's congresses of the provinces, autonomous regions, and municipalities directly under the Central Government may formulate rules for the implementation of elections in accordance with this Law and submit them to the Standing Committee of the National People's Congress for the record.

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