ORGANIC LAW N° 17/2003 OF 07/7/2003 GOVERNING PRESIDENTIAL AND PARLIAMENTARY ELECTIONS

 

 

We, KAGAME Paul,

President of the Republic;

 

 

THE TRANSITIONAL NATIONAL ASSEMBLY HAS ADOPTED AND WE SANCTION, PROMULGATE THIS ORGANIC LAW AS DECLARED BY THE SUPREME COURT TO BE IN HARMONY WITH THE CONSTITUTION, IN ITS RULING N° 018/11.02/03 PASSED ON 03/7/2003 AND ORDER IT TO BE PUBLISHED IN THE OFFICIAL GAZETTE OF THE REPUBLIC OF RWANDA.

 

 

The Transitional National Assembly, meeting in its session of 26 June, 2003;

 

Given the Constitution of the Republic of Rwanda, especially in its Articles 75, 78, 93, 103, 108, 118-7°, 121-1°, 195 and 201;

 

Having reviewed law n° 18/1983 of 27 August 1983 modifying the law of 5 July 1967 on Organization of Elections;

 

ADOPTS :

 

CHAPTER ONE : GENERAL PROVISIONS

 

SECTION ONE : ELECTIONS IN GENERAL

 

Article One :

 

This organic law shall govern both presidential and parliamentary elections.

 

Article 2 :

 

Political organizations may participate in voting and contesting in elections. The modalities of conducting elections are determined by this organic law in respect of each type of election.

 

Article 3 :

 

Suffrage is universal and equal for all Rwandan Citizens.

 

Suffrage is direct or indirect and secret.

 

Article 4 :

 

Presidential and parliamentary elections are organised and conducted by the National Electoral Commission in accordance with the provisions of Article 180 of the Constitution. In the performance of their functions, officials of the said Commission act impartially.

 

SECTION II : REGISTRATION ON THE ELECTORAL LIST

 

Article 5 :

 

Persons entitled to vote are all Rwandans who are at least 18 years of age as of the date of elections, registered on the electoral list within the period specified by the National Electoral Commission and have not been deprived of their civil and political rights by a court of law  or excluded from voting by any of the limitations provided for by Article 10 of this organic law.

 

 

Article 6 :

 

There shall be established an electoral list in each cell and at each embassy.

 

Article 7 :

 

Nobody shall be permitted to vote unless he or she has been registered on the electoral list in accordance with Article 6 of this organic law.

 

Article 8 :

 

Persons allowed to register as voters on the electoral list of a cell are all Rwandans who have attained the voting age or will have attained it on the day of elections and are domiciled or are temporarily resident in the cell.

 

Inscription of a voter upon the electoral list is made upon presentation of identity documents issued by a competent authority.

 

Article 9 :

 

Persons allowed to register on the electoral list of an Embassy of the Republic of Rwanda are Rwandans who are not refugees and have attained the voting age or will have attained it on the election day.

 

Inscription of a voter upon the electoral list is made upon presentation of identity documents issued by a competent authority.

 

Article 10 :

 

The following persons are prohibited from registering on the electoral list :

 

       persons who have been deprived of their right to vote by competent courts of law and have not been rehabilitated or have not been granted amnesty in accordance with the law;

       persons who have been convicted of the crime of genocide or crimes against humanity  who are in categories one, two or three;

       persons who have confessed to the crime of  genocide or crimes against humanity who will be placed in categories one, two or three;

       persons who have been convicted for murder and manslaughter;

       refugees;

       prisoners.

 

Article 11 :

 

Every Rwandan who fulfils the requirements determined by the law should register on an electoral list before closure of the list.

 

No person  may register on several electoral lists, or several times on the same electoral list.

 

Registration and voting by students at boarding schools, military and police personnel  and such other people in respect of whom it is evidently imperative to register and vote in a place other than the places where they had registered as voters  shall be done in accordance with the instructions issued by the President of the National Electoral Commission.

 

Persons who are hospitalised and unable to present themselves for registration on account of illness or because they are in isolation are permitted not to register on the electoral list.

 

SECTION III : THE ELECTORAL LIST

 

Article 12 :

 

The dates for commencement and closure of registration of voters on the electoral list are determined by instructions of the President of the National Electoral Commission.

 

Article 13 :

 

The electoral list is permanent. It is revised before each election unless the election is being held less than two (2) months after the previous one.

 

Article 14 :

 

In each cell and Embassy, registration on the electoral list is  carried out by officials appointed by the National Electoral Commission under the supervision of the Coordinator of the cell or the Ambassador.

 

Every political organization which is duly registered according to the law may appoint a representative at each registration centre to verify whether voter registration is being carried out according to the law.

 

Article 15 :

 

Every person registered on the electoral list is issued with a voter’s card which he or she presents at the time of voting in order to be allowed to vote.

 

The voter’s card is personal and cannot be transferred or lent to another person. Any alterations made on a voter’s card renders it invalid.

 

Article 16 :

 

A voter’s card may only be replaced upon the holder’s request in case of the card being damaged, lost or completely used up.

 

Article 17 :

 

The National Electoral Commission may, if necessary, order the replacement of all or some of the voters’ cards. In such event, the issuance of the new voters’ cards must be completed within the period determined by the National Electoral Commission.

 

Article 18 :

 

The electoral lists shall be publicly displayed at the offices of each Sector or Embassy before the elections to enable registered voters to verify  whether the list does not contain errors. The National Electoral Commission determines the duration which the display of the lists lasts.

 

Article 19 :

 

Any Rwandan may file a complaint relating to his or her registration on or removal from the electoral list. The complaint is made by way of an ordinary letter addressed to the branch of the National Electoral Commission.

 

At an embassy, the complaint is lodged with the coordinator of elections.

 

The period within which the complaint may be filed is set by the National Electoral Commission.

 

Article 20 :

 

A branch of the National Electoral Commission which receives a complaint relating to the electoral list must rule on the case within two (2) days of receipt of the complaint. A copy of the decision is issued to the complainant without undue delay and where necessary the electoral list is immediately corrected by supplementary registration, cancellation  of registration or other annotation depending on the terms of the decision.

 

If the complainant is not satisfied with the decision taken, he or she may appeal to the immediately higher branch of the National Electoral Commission.

 

 

SECTION IV : ELIGIBILITY FOR ELECTION

 

Article 21 :

 

A person eligible for election as a deputy is any Rwandan who :

 

       has attained at least twenty-one (21) years of age;

       is a person of integrity;

       is not restricted by any of the limitations provided for in Article 10 of this organic law;

 

Article 22 :

 

Persons prohibited from being elected are:

 

       persons referred in Article 10 of this organic law;

       persons who have been placed under the protection of justice;

       persons whom the Courts of last instance have judged to be responsible for  insolvency or bankruptcy of corporate bodies under their management and who have not  been rehabilitated ;

       persons suffering from mental incapacity certified by a medical doctor approved by the government.

 

 

SECTION V : PRESENTATION OF CANDIDATES

 

SUBSECTION ONE : THE CHAMBER OF DEPUTIES

 

Article 23 :

 

Each political organization or coalition of political organizations may submit a list of candidates. An independent candidate submits his or her candidacy and campaigns for election personally in accordance with the provision of the law.

 

Each candidacy is submitted at national level. However, in order for the candidacy of an independent candidate to be accepted, such candidates shall have the signatures of at least six hundred (600) registered Rwandan voters  who have attained the voting age  and include at least thirty (30) persons domiciled in each Province and thirty (30) persons domiciled in the City of Kigali.

 

Article 24 :

 

The list of candidates is submitted to the National Electoral Commission at least thirty-five (35) days before the day of elections by a representative of a political organization or coalition of political organizations. An independent candidate personally submits his or her candidature.

 

The list of candidates of a political organization or a coalition of political organizations is accompanied with a statement bearing the names and signatures of the members of the supreme organ of the political organization or coalition of political organizations who have approved the list in accordance with procedures stipulated by the law.

 

The National Electoral Commission issues an acknowledgment of receipt of the list. Acknowledgment of receipt of the list does not constitute the approval of the candidacy.

 

Article 25 :

 

Apart from what is provided for in Article 24 of this Organic Law, a list of candidates shall be accompanied by the following :

 

       the full names of each candidate and the date and place of his or her  birth;

       his or her profession and place of residence;

       two (2) passport size photographs;

       particulars of the political organization or coalition of political organizations which is submitting the list.

 

Independent candidates shall submit the documents provided for in points 1°, 2° and 3° of this Article.

 

Article 26 :

 

No candidate may appear on several lists during the same election.

 

The number of candidates on each list shall not exceed the number of seats being contested.

 

Article 27 :

 

In the event of circumstances which prevent a candidate contesting, the political organization or coalition of political organizations which submitted his or her candidacy, may immediately replace him or her with another candidate and the candidacy of such a substitute candidate is declared in accordance with provisions of this organic law.

 

Where the remaining time does not exceeding three (3) weeks, the existing list of candidates remains valid, provided that voters are notified of the new candidate by use of a public notice displayed at the entrance of each voting room and inside each voting booth.

 

Article 28 :

 

With regard to the candidates referred to in Article 76-2° of the Constitution, the declaration of the submission of candidacy is made individually and submitted to the National Electoral Commission at least thirty (30) days before the voting date.

 

 

Every submission of candidacy must be accompanied  with :

 

       the full names of the candidate;

       date and place of his or her birth;

       his or her profession and place of residence;

       two (2) passport size photographs.

 

Article 29 :

 

In conformity with Article 76-3° and 4° of the Constitution, candidates to be elected by the National Youth Council and by the Federation of the Associations of the Disabled submit their candidacies at least thirty (30) days before the date of elections to the National Electoral Commission which   verifies whether the candidates fulfil the required conditions.

 

The declaration of candidacy is made personally by any member  among the youth  or members of any of the constituent associations of the Federation of the Associations of the Disabled to the National Electoral Commission and must be made in accordance with the provisions of the law.

 

Every candidacy shall be accompanied by the following :

 

       the full names of the candidate;

       date and place of his or her  birth ;

       his or her profession and place of residence;

       two (2) passport size photographs.

 

Article 30 :

 

With regard to election of deputies, the declaration of candidacy is submitted to the National Electoral Commission in accordance with the provisions of Article 24 and subsequent Articles of this organic law.

 

The lists of parliamentary candidates are approved and published by the National Electoral Commission at least thirty (30) days before the election.

 

SUB-SECTION 2 : THE SENATE

 

Article 31 :

 

Candidacies for the Senate referred to in Article 82-1°, 4° and 5° of the Constitution are submitted to the National Electoral Commission which transmits the said candidacies to the Supreme Court within thirty days (30) before the election.

 

Candidates for the Senate from public and private universities and institutions of higher learning are required to be lecturers and researchers who are permanent staff of the said universities and institutions of higher learning elected by their peers in accordance with the provisions of the law.

 

The declaration of the candidacy is made personally by the candidate and submitted to the National Electoral Commission at least thirty days (30) before the voting day.

 

Each candidacy is accompanied with the following :

 

       the full names of the candidate;

        particulars of the candidate’s date and place of birth;

       his or her profession and place of residence;

       two (2) passport size photographs.

 

The Supreme Court verifies whether the candidates meet the required conditions, approves and publishes the list of candidates within eight days (8) from the date of receipt of candidacies.

 

Article 32 :

 

To be eligible for election or appointment as senator a person must :

 

        be a Rwandan citizen;

       be a holder of at least a first university degree or its equivalent or have held senior management positions in public service or the private sector;

       be an “inararibonye”;

       have irreproachable morals and probity;

       not have been deprived of civil and political rights by the courts;

       be at least forty (40) years old;

       not have been sentenced to a term of imprisonment of six months or more at any time before their rehabilitation or amnesty;

       not be restricted by any of the limitations stipulated in Article 10 of this organic law.

 

 

SECTION VI : ELECTION CAMPAIGNS

 

Article 33 :

 

The day of elections and the period for election campaigns are determined by a Presidential order which indicates the office or offices which are the object of elections and the date of elections and determines the date on which election campaigns must close.

 

Election campaigns start at least twenty (20) days before the election. They are closed twenty-four (24) hours before the election.

 

Election campaign are launched by the Government or its representatives who present the candidates to the electorate. This presentation shall be organised at least at the District and Town or Municipality levels. Every list of candidates shall be represented at least by one person.

 

 

Article 34 :

 

During election campaigns, campaigns meetings and public rallies are held freely so long as general public order is respected and laws and regulations governing meetings and public gatherings are observed.

 

Written notice of any campaign meeting or public gathering must be given to the Mayor of the District, Town or Municipality where the intended campaign meeting or rally is to be held, at least twenty-four (24) hours before. The notice must be submitted during legal opening hours for public administration institutions and an acknowledgement of receipt must be issued.

 

Article 35 :

 

No two or more campaign meetings or public rallies shall be held simultaneously in the same cell of the City of Kigali or in any one sector of a District, Town or Municipality.

 

In the event that two or more campaign meetings or public rallies are planned, priority is given to the applicant who applied first. Where the first applicant has already held one or several meetings or public rallies at the same place, priority shall be given to the applicant  who or which has not held any meeting yet or held fewer meetings in the relevant cell or sector.

 

Article 36 :

 

During campaigns, campaign activities based on commerce and donations of money or in kind intended to influence or attempting to influence the vote are prohibited. Likewise, the use of property owned by the State or its institutions for the same purposes is prohibited.

 

Article 37 :

 

It is prohibited to abuse or defame in any manner whatsoever any one or more election candidates or list of candidates during election campaigns.

 

Article 38 :

 

Independent candidates, political organizations and coalition of political organizations may, for their election campaigns, use posters and banners, distribution of mail and mass circulation documents, meetings and public debates, radio, television and the printed press or any other means which is not contrary to the law.

 

The High Council of the Press shall ensure that equal access to government media is guaranteed to all independent candidates, political organizations and coalition of political organizations contesting elections.

 

Article 39 :

 

Decentralised organs of government ensure the availability of special areas reserved for the display of campaign materials during election periods.

 

The distribution of space in such places is done according to the order of submission of applications.

 

Candidates or lists of candidates are given equal space.

 

The display of campaign materials outside designated places is prohibited.

 

Article 40 :

 

The President of the National Electoral Commission and coordinators of elections at the Province, Kigali City, District, Town, Municipality or Embassy ensure compliance with the provisions of Articles 35 and 36 of this organic law.

 

 

 

 

SECTION VII : POLLING STATIONS

 

Article 41 :

 

The National Electoral Commission determines polling stations at least fifteen days (15) before the election.

 

Polling stations must be set up in public buildings or facilities providing public services such as schools and any other place determined by the National Electoral Commission.

 

During presidential and parliamentary elections, polling stations are set up in all places where there is an embassy of Rwanda.

 

The number of the polling stations is determined by the National Electoral Commission.

 

Article 42 :

 

The organization of the vote shall be carried out by a polling station committee the number of members of which shall be determined by the National Electoral Commission. They shall be assisted by voting  assessors.

 

The President of that polling station committee shall be selected by members of the National Electoral Commission branch of District, Town or Municipality levels.

 

Members of the committee shall elect a secretary from among themselves.

 

Article 43 :

 

Particulars of the representatives of the lists of political organizations, coalition of political organizations and independent candidates must be provided before commencement of voting.

 

Every list of candidates or independent candidate is represented in the voting room by a voter who has a written authority.

 

Article 44 :

 

Before commencement of the voting, an empty ballot box, which has only one opening through which the ballot paper is inserted and inscribed with a number is displayed empty to the electorate and representatives of the lists of candidates and independent candidates. It is thereafter closed and is next opened upon commencement of the counting of votes.

 

The ballot box is placed in full view of electoral officials.

 

A list of the voters’ names and numbers of their voters’ cards is put at the disposal of one of the assessors.

 

Article 45 :

 

The polling booth in each voting room must ensure secrecy; there may be one or more polling booths in each voting room.

 

The polling station shall be located in a place that permits the public to follow the conduct of election with the exception of the act of casting the vote, which is secret.

 

Article 46 :

 

The number of ballot papers shall at least be equal to the number of voters registered on the electoral list.

 

Before commencement of voting, the polling station committee verifies that the number of ballot papers is equal to or more than the number of registered voters.

 

In the event that ballot papers run out before some voters have cast their ballots, voting is immediately suspended. The voting resumes only after the stock of ballot papers has been replenished and the fact is recorded in a statement.

 

Article 47 :

 

It is prohibited, at the risk of expulsion after one warning, for any person present in a voting room to attempt, by use of, signals, gestures or any other means, to influence how voters vote.

 

 

SECTION VIII : ORGANIZATION OF ELECTIONS

 

Article 48 :

 

Voting starts at 6.00 a.m. and ends at 3.00 p.m.

 

The time for closure of the polls cannot be brought forward unless all registered voters have cast their ballots. Polling may be extended beyond the ordinary hours of closure of the polls by a decision of the electoral college, particularly in case of circumstances where there has been suspension of polling or delay in commencement of the polling. The length of time by which polling is extended shall be equal to the time length of period by which the voting was suspended or delayed.

 

The time of opening and closing polls is indicated in the statement on the conduct of elections.

 

Article 49 :

 

Polling must be done in the course of only one day. However, if this is not possible due to certain circumstances, the National Electoral Commission determines what should be done.

 

Article 50 :

 

The President of the polling station is responsible for security at the voting station and surrounding areas.

 

He or she settles disputes, takes all measures to prevent disorder and may, for this purpose, allow the entry of voters into the voting room in small groups.

 

He or she may expel from the voting room any person who by his or her conduct disturbs or attempts to disturb order and regularity of the election.

 

Article 51 :

 

For security reasons, security officials are authorized to be present in the vicinity of the polling stations during the course of any election. Civilian and police authorities must provide whatever is required by the President of the polling station for the smooth conduct of the elections.

 

In any event, the request for the assistance of security agents should not violate the rights of representatives of candidates, prevent them from supervising the conduct of the elections or otherwise infringe upon the exercise of their prerogatives vested by the law.

 

Article 52 :

 

The President of the polling station must immediately replace a voting assessor or scrutineer who is expelled from the voting room, or is otherwise unable to carry on with his or her functions on account of other limitations.

 

In the event that the President of the polling station is unable, on account of any reason to continue with his or her functions, he or she is replaced by the oldest member of the polling station committee.

 

Article 53 :

 

The voting room shall comprise at least three assessors who must be present throughout the voting process.

 

Article 54 :

 

The polling station committee decides on any disputes which arise during the elections. The basis of such decisions must be recorded and included in the statement on the conduct of the elections. Evidence or ballot papers pertaining to such decisions are annexed to the decisions after signing by the members of the polling station committee.

 

Article 55 :

 

The statement on the conduct of elections and the list of persons who have voted are signed by the members of the polling station committee. The President signs last.

 

Article 56 :

 

A duly authorized representative of a candidate has the right to follow up the process of elections. He or she also has the right to follow up the process of counting the ballot papers and votes. All observations made by such representatives are written in the statement on the conduct of elections.

 

The President of the polling station committee is bound, at the risk of being subjected to the sanctions provided for in Article 119 of this organic law, to record all observations submitted to him or her in accordance with provisions of paragraph one of this Article.

 

Only observations recorded in accordance with the procedure set out in this article are admissible as evidence  in support of a subsequent election petition.

 

Article 57 :

 

A candidate in an election is not authorised to be in the vicinity of an election station on polling day except for the purpose of coming to cast his or her ballot.

 

SECTION IX : THE EXERCISE OF VOTING RIGHTS

 

Article 58 :

 

Any person registered on the electoral list and in position of voter’s card is entitled to vote.

 

In the event of the loss or damage to a voter’s card, the registered voter is only permitted to vote after his or her registration has been verified.

 

The fact of the loss of the voter’s card shall be indicated in the statement of the conduct of elections.

 

Article 59 :

 

Upon receipt of notification by the relevant authorities, persons who have been deprived of the right to vote and whose names have not yet been removed from the voting list are prevented from voting.

 

Article 60 :

 

A voter has freedom to chose. Nobody may be subjected to coercion or other influence intended to change the way he or she would vote.

 

Article 61 :

 

Voting must be carried out in tranquillity. Voters are prohibited from entering  the voting room with weapons.

 

Article 62 :

 

A voter casts a ballot only once.

 

Voting is secret and the use of a voting booth affording secrecy is  obligatory.

 

Article 63 :

 

After casting his or her ballot, a voter presents himself or herself to the assessor who affixes a stamp bearing words “YATOYE” on the voter’s card.

 

Article 64 :

 

A voter who suffers from disability which prevents him or her from voting in secret is permitted to chose  a person who has not yet attained the voting age to assist him or her in voting.

 

SECTION X : COUNTING OF VOTES

 

Article 65 :

 

Counting of votes is done immediately after closure of the polls at each polling station and in each room where voting took place. The counting of votes is done by the assessors who have supervised the election before the public, observers and representatives of candidates or the candidates themselves.

 

The counting of votes is conducted in public.

 

Article 66 :

 

Persons responsible for the counting of the votes take the following steps in the order given below :

 

       determining the number of registered voters who have voted and announcing it;

       opening the ballot box, counting  the ballots and announcing  the number thereof ;

       one of assessors gives an unfolded ballot paper to a second one who reads it out in a loud voice; the third assessor records the vote on another paper designed for that purpose;

       when all the ballot papers have been read out, the votes obtained by each candidate or list of candidates recorded on the counting sheet and the blank and spoiled ballot papers indicated in Article 67 of this organic law are counted. Assessors approve and sign counting sheets.

 

The signatures of assessors must follow all their names and the number of their voters’ cards.

 

Representatives of political organizations and or coalition of political organizations and of independent candidates also sign counting sheets.

 

Proclamation of results of the vote counting follows immediately after completion of the vote counting.

 

       members of the polling station committee collect all results from voting rooms at the polling station;

       the President of the polling station committee and other members of the polling station committee prepare without undue delay, a statement on the conduct of elections on printed forms designed for that purpose, which contains :

 

a.        the time of opening and closing of the polls, the state of compliance with various formalities provided for by the law and incidents which occurred during the conduct of elections;

 

b.       the signatures of the members of the polling station committee and representatives of candidates or lists of candidates. However, the failure of the representatives of candidates or lists of candidates to sign against the statement of the conduct of elections does not affect its validity.

 

Representatives of candidates or lists of candidates have the right to inspect all activities relating to the conduct of elections, the counting of ballot papers and of votes as well as the right to demand that any observation, objection or complaint made by them be recorded in the statement on the conduct of the elections.

 

       the original statement on the elections is submitted to the National Electoral Commission accompanied by :

 

a.        the list of persons who voted;

b.       the ballots and spoilt ballot papers;

c.        documents relating to complaints received, if any have been made ;

d.       marking sheets;

e.        unused ballot papers.

 

       the President of the polling station puts the statement of the conduct of elections in an envelope sealed with a seal or stamped in public at the polling station. The President of the polling station is responsible for submitting the sealed envelope to the President of the branch of the Commission at the District, Town or Municipality level.

 

Article 67 :

 

A vote shall be null and void if :

 

       the ballot paper does not meet the requirements established by laws and regulations governing elections;

       the ballot paper bears signs different from those provided for in the election;

       the ballot paper does not satisfactorily indicate the list or candidate chosen, or the voter has disclosed his or her identity on the ballot paper;

       the ballot paper cast in the ballot box does not indicate any choice of candidate.

 

Invalid ballot papers shall not be considered as votes cast and shall not be taken into account when calculating the percentage of votes obtained by a list or a candidate.

 

Article 68 :

 

Used ballot papers shall be collected and kept at the branch of National Electoral Commission at the District, Town or Municipality levels in accordance with the instructions of the National Electoral Commission.

 

Article 69 :

 

The format of the ballot paper and modalities of its use are determined by the instructions of the National Electoral Commission.

 

 

CHAPTER II : SPECIFIC PROVISIONS IN RESPECT OF EACH TYPE OF

                           ELECTIONS

 

SECTION ONE : PRESIDENTIAL ELECTIONS

 

Article 70 :

 

The election of the President of the Republic shall be by a direct and secret ballot.

 

The election of the President of the Republic is done in one round with the candidate receiving a simple majority of valid votes cast being elected. In the event of the first candidates getting an equal number of votes during the first round, there is a run off between only those two candidates within one month.

 

Article 71 :

 

A candidate for the office of the President of the Republic shall :

 

       be of Rwandan nationality by origin;

       not hold any other nationality;

       have at least one parent of Rwandan nationality by origin;

       have irreproachable morals and probity;

       not have been convicted and sentenced by a court of last instance to a term of imprisonment exceeding six months;

       not have been deprived of his or her civil and political rights by courts of law;

       be at least thirty five years (35) old on the date of submission of his or her candidature;

       be resident in Rwanda at the time of submission of his or her candidacy.

 

Article 72 :

 

The submission of the candidacy for the office of the President of the Republic must indicate the following :

 

       full particulars of candidate’s names and date and place of birth;

       evidence that the candidate has been nominated by a political organization or a coalition of political organizations established in accordance with the provisions of the law, is running for office as an independent candidate or a candidate sponsored by more than one political organization;

       the symbol which will identify him or her on the ballot paper;

       two (2) passport size photographs.

 

Article 73 :

 

The declaration of candidacy must be accompanied by the following documents:

 

       a certificate of nationality issued within the previous three (3) months;

       a certificate confirming that the candidate does not have any other nationality or has relinquished any other nationality he or she previously had;

       a birth certificate issued within the previous three (3) months;

       a report on the criminal record of the candidate issued within the previous three (3) months;

       a declaration issued by a political organization or a coalition of political organizations confirming that it has nominated the candidate for election as President of the Republic;

       for an independent candidate, a list of registered voters nominating the candidate which indicate their full names and the dates and places of their birth as well as the numbers of their national identity cards. The list must have a minimum of six hundred (600) registered voters including at least thirty (30) voters domiciled in each Province and thirty (30) voters domiciled in the City of Kigali;

       a certificate confirming that he or she has at least one parent with Rwandan nationality by origin.

 

Article 74 :

 

The office of the President of the Republic is incompatible with the holding of any other elected public office, any other public function whether civilian or military or any other professional activity.

 

Article 75 :

 

The term of office of the President of the Republic commences on the day  he or she takes the oath of office.

 

Article 76 :

 

The Presidential Order determining the calling of elections is issued at least forty-five days (45) before the holding elections.

 

The declaration of candidacy for the office the President of the Republic is made personally by the candidate after the publication of the presidential order provided for in paragraph one of this article and is submitted to the National Electoral Commission which issues an acknowledgement of receipt of the declaration.

 

The declaration is made in duplicate; it must be signed by the candidate and it must have a declaration made on oath by the candidate that he or she fulfils all the requirement for eligibility to contest the election.

 

Article 77 :

 

The National Electoral Commission, after verifying the candidacies, approves and publishes the list of candidates at least thirty days (30) before the holding of the elections.

 

 

 

 

Article 78 :

 

Any complaint relating to a candidacy must be filed with the Supreme Court within a period not exceeding forty-eight (48) hours after publication of the lists of candidates. The Supreme Court makes a decision on the dispute within a period of five (5) days from the day on which the suit was filed.

 

Article 79 :

 

A candidate may not utilize initials or symbol already chosen by another candidate.

 

Where several candidates choose to use the same letters or symbols, the National Electoral Commission takes a non-appealable decision to give priority to the political organization that or independent candidate who submitted their candidacy first.

 

It is prohibited to choose a symbol comprising a combination of the three colours of the national flag.

 

Article 80 :

 

The electoral constituency extends to the entire country, without prejudice to the participation of Rwandans staying abroad in voting.

 

The provisions of this organic law relating to electoral campaigns and counting of votes in general apply to presidential elections.

 

Article 81:

 

The centralisation of election results is the responsibility of the National Electoral Commission. Within a period not exceeding twenty-four (24) hours after the counting of votes, the branch of the National Electoral Commission at the District, Town or Municipality transmits the statement on the conduct of the elections to the branch of the National Electoral Commission at the Province or City of Kigali levels which, in turn, submits them to the National Electoral Commission.

 

Upon receipt of all the statements, the National Electoral Commission declares on a provisional basis the results of elections within a period of time not exceeding five (5) days after the closure of the polls.

 

The National Electoral Commission transmits the statements on the conduct of elections, without any alterations to the Supreme Court.

 

Article 82 :

 

The Supreme Court verifies whether the election activities referred to in Article 81 of this organic law have been carried out in conformity with the law and announces the final election results within a period not exceeding seven (7) days from the day on which it received the statements on the conduct of elections.

 

 

SECTION II : ELECTION OF MEMBERS OF THE CHAMBER OF

   DEPUTIES

 

Article 83 :

 

The Chamber of Deputies shall be composed of eighty (80) members including :

 

       fifty-three (53) members who originate from political organizations or standing as independent candidates elected by universal suffrage in a secret ballot using a closed list and based on proportional representation;

 

       twenty-four (24) women, that is to say, two (2) from each Province and the City of Kigali elected by the organs referred in Article 76 of the Constitution. Where the first candidates who have equal votes are more than two (2) or if the second candidates have equal votes, the ballots are recounted. If the votes of the candidates are still equal after recounting, the voting is repeated for only those candidates with an equal number of votes. If there is no winner after the second ballot, the winner is chosen by drawing lots ;

 

       two (2) members elected by the National Youth Council in one ballot and on a majority basis. Where the first candidates who have equal votes are more than two (2) or if the second candidates have equal votes, ballot counting shall be repeated. If the votes of the candidates are still equal after recounting, the voting is repeated for only those candidates with an equal number of votes. If there is no winner after the second ballot, the winner is chosen by drawing lots ;

 

       one (1) member elected by the Federation of the associations of the disabled in one ballot and on a majority basis. If the first candidates have equal number of votes, ballot counting shall be repeated. If the ballots of the candidates are still equal after recounting, the voting is repeated for those candidates with an equal number of votes. If there is no winner after the second ballot, the winner is chosen by drawing lots.

 

All candidates must be granted equal opportunity.

 

Article 84 :

 

With regard to the provisions of paragraphs 2°, 3° and 4° of Article 83, the quorum of the electoral college is at least 2/3 of the members. In the event of failure to get the required quorum, the elections are postponed and held within a period not exceeding five (5) days. If the 2/3 quorum is not available on the second attempt, the election is carried out by those who are present.

 

Article 85 :

 

Without prejudice to provisions of Article 76 of the Constitution, the functions which are incompatible with the Office of the Deputy are:

 

       the office of President of the Republic ;

       membership of the Cabinet ;

       the office of Senator  ;

       membership of the District, Town/Municipality or City of Kigali Councils;

       employment by a District, Town/Municipality or the City of Kigali ;

       the office of Judge ;

       the office of Prosecutor ;

       employment in  the civil service or in a public institution ;

       employment under terms governed by a contract ;

10º membership of an organ responsible for the conduct of elections;

11º membership of Rwanda Defence Forces, National Police or the

      National Security Service.

 

With exception of the functions referred to in items 6º and 11º of paragraph one of this article, the exercise of functions incompatible with the office of a Deputy does not deprive persons in above-mentioned positions of their right to be elected. However, successful candidates must resign from the said positions upon election as deputies.

 

Persons in positions which may be prejudicial to or prejudiced by campaigning for office temporarily suspend the exercise of their function during the campaign period.

 

Article 86 :

 

The term of office of members of the Chamber of Deputies is five (5) years starting from the day on which they take oath of office.

 

Article 87 :

 

The constituency for members of the Chamber of Deputies proposed by political organizations or coalition of political organizations or those standing as independent candidates extends to the entire country.

 

Every political organization or coalition of political organizations draws up, in the order of priority, a list of its candidates and the number of candidates on the list must not exceed the number of the seats being contested.

 

Article 88 :

 

In the event of a Deputy losing his or her seat or being removed from office, the vacant seat is assigned to a substitute who serves the remaining term of office if it exceeds one year.

 

He or she shall be replaced according to the successive order of candidates by taking the candidate who immediately followed him or her during elections.

 

Where a political party is dissolved, another election shall be held to replace the deputies from that political party in a period not exceeding three (3) months.

 

Article 89 :

 

With regard to the fifty-three (53) seats of deputies originating from political organizations or coalition of political organizations or as independent candidates, the seat are distributed in proportion to the number of votes obtained by each list and by applying the principle of precedence for the candidate with more remaining votes.

 

Article 90:

 

A political organization, coalition of political organizations or list of independent candidates which fails to obtain at least five percent (5%) of valid votes cast in parliamentary elections is not allotted any seat in the Chamber of Deputies.

 

The number of seats to be allocated to each list is to be calculated by dividing the number of votes obtained by the list by the electoral quotient.

 

The electoral quotient is calculated by dividing the total number of valid votes of each list which obtained at least five percent (5%) of the votes cast by the number of seats to be contested.

 

The remaining seats are allocated to the lists according to the principle that the candidate with more votes remains.

 

Where there remains only one seat to be allocated and several lists have got the same number of the remaining votes, that seat is allocated to the list with the highest number of votes.

 

 

SECTION III : ELECTION OF MEMBERS OF THE SENATE

 

Article 91 :

 

The Senate is composed of twenty-six (26) members in addition to former Heads of State who request for membership.

 

Members of the Senate are elected or nominated according to Articles 82 and 83 of the Constitution. Their term of office is eight (8) years non renewable.

 

Article 92 :

 

Without prejudice to provisions of Article 82 of the Constitution, the functions which are incompatible with the office of a Senator are :

 

       the office of President of the Republic ;

       membership of the Cabinet ;

       the office of Deputy  ;

       membership of the District, Town/Municipality or City of Kigali Councils;

       employment by a District, Town/Municipality or the City of Kigali ;

       the office of Judge ;

       the office of Prosecutor ;

       employment in  the civil service or in a public institution ;

       employment under terms governed by a contract ;

10º membership of an organ responsible for the conduct of elections ;

11º membership of Rwanda Defence Forces, National Police or the

      National Security Service.

 

With exception of the functions referred to in items 6º and 11º of paragraph one of this article, the exercise of functions incompatible with the office of a Senator does not deprive persons in above-mentioned positions of their right to be elected. However, successful candidates in such positions must resign from the said positions upon election as senators .

 

Persons in positions which may be prejudicial to or prejudiced by campaigning for office temporarily suspend the exercise of their function during the campaigns.

 

Article 93:

 

Senators are elected through a secret ballot by an electoral college composed of Executive Committees of Sectors, and District, Municipality, Town Councils of each Provinces and the City of Kigali.

 

Senators elected from public and private universities and other institutions of higher learning  are elected by their peers by a secret ballot.

 

Article 94 :

 

The electoral college is convened by a Presidential Order which determines the date, time and venue of the elections. This Order is published at least thirty (30) days before the holding of the election.

 

Article 95 :

 

Electoral campaigns are carried out twenty (20) days before the holding of elections and end  twenty-four (24) hours before the date of elections .

 

Article 96 :

 

Candidates for the Senate elected by provinces and the City of Kigali and public and private universities and institutions of higher learning are elected on a simple majority basis for a single member in a two round ballot. The election is carried out in one round if one of the candidates obtains the simple majority of votes.

 

The quorum of the electoral college is at least 3/4 of its members. In the event of failure to get a quorum, the elections are postponed and held within a period not exceeding five (5) days. If the quorum is not available on the second attempt, the election is decided on the basis of the majority of the members present.

 

Where no candidate gets the simple majority of votes after the first round ballot, a second round ballot takes place immediately. Only the two candidates with highest number of  votes contest the second round ballot. In the second round ballot, the candidate with the simple majority is elected. In case of equality of votes, the votes are recounted. If the number of votes is still equal, the oldest candidate is allocated the seat.

 

When an elected Senator resigns, dies or is removed from office by a court’s decision or in the event of any other circumstances which prevents a Senator from holding his or her office, fresh elections are held if the remaining period of the term of office is at least one year. The Senator thus elected serves for eight (8) years.

 

Article 97 :

 

The polling station in each Province and the City of Kigali is presided over by the President of the branch of the National Electoral Commission at the Province and the City of Kigali levels assisted by three Commissioners appointed by the President of the National Electoral Commission.

 

Members of the polling station committee are not allowed to vote. Members of the polling station committee and voters who are members of the electoral college, candidates or their representatives and authorized observers are the only persons allowed to enter into the voting room.

The polling station committee takes decisions on all issues and disputes that arise from the elections. The counting of votes takes place in public and immediately after elections.

 

The President of the polling station committee immediately announces the successful candidate.

 

 

CHAPTER III : RESOLUTION OF DISPUTES

 

 Article 98 :

 

Disputes relating to presidential and parliamentary elections fall within the jurisdiction of the Supreme Court. Petitions relating to presidential and parliamentary elections may be filed with the Supreme Court within forty-eight (48) hours following the proclamation of provisional results by the President of the National Electoral Commission.

 

Article 99 :

 

The petition is filed with the Supreme Court by means of a written document addressed to the President of the Court. The petition indicates the identity of the complainant and the nature of the dispute.

 

Article 100 :

 

No court fees are payable on the filing of the petition. An acknowledgement of receipt of the petition is issued.

 

Article 101 :

 

Upon receipt of the petition, the President of the Supreme Court notifies the respondent, the President of the National Electoral Commission and the Minister having local government within his or her functions.

 

Article 102 :

 

When the Supreme Court has completed examination of the petition, the President notifies parties to the petition or their representatives the date they will be informed by the Court of the evidence on the dossier. This takes place in the office of the clerk of the Court. He or she informs the parties of the duration permitted for the filing of their submissions.

 

Parties to the petition may obtain copies of the evidence in the dossier at their own expense.

 

 

Article 103:

 

The Supreme Court takes a decision within five (5) days starting from the day on which the petition was received. The decision indicates the grounds on which it is based and is communicated to the parties or their representatives, the Prime Minister, both the Speaker of the Chamber of Deputies and the President of the Senate, the President of the National Electoral Commission and the Minister having local government within his or her functions.

 

 

CHAPTER IV : PENALTIES

 

Article 104

 

Any person who commits the following offences shall be sentenced to a term of imprisonment of between one month and one year and a fine of between fifty thousand (50 000 ) francs and two hundred thousand (200 000)  francs:

 

       registering or attempting to register on the voting list under false names, failing to disclose or attempting to hide circumstances which render the person ineligible to register as voter in terms of the provisions of this organic law, or registering or attempting to register on more than one list ; or

 

       making false declarations, using false documents, registering or attempting to register on a voting list illegally, or using fraudulent means to register on or remove a citizen from the electoral list illegally.

 

Article 105 :

 

Accomplices to the offences referred to in this Organic law shall be liable to the same  penalties as the principle offenders.

 

Article 106 :

 

Newspaper articles or any other documents relating to elections are prohibited from using a combination of the colours of the national flag. Persons who commit offences contrary to this provision are liable to a fine of fifty thousand (50 000 ) francs for each offence.

 

Article 107 :

 

Any person who, having been deprived of his or her voting rights, either following a conviction and sentence by a court of law or  following bankruptcy  in respect on which they has not been rehabilitation, votes on the basis of either a registration on the voter’s list effected prior to or after the deprivation of rights, shall be sentenced to a term of imprisonment of between one month and three months and a fine of between  fifty thousand  ( 50 000 ) francs  and one hundred thousand  ( 100 000 ) francs.

 

Article 108 :

 

Anyone who, having secured registration as a voter by use of fraudulent means or made use of false names and identity registered in voter’s register, votes, shall be sentenced to a term of imprisonment of between six months to two years and a fine of between two hundred and fifty thousand  ( 250 0000) francs and five hundred thousand  (500 000) francs.

 

Any person who registers on several voters’ lists and votes several times is liable to the same penalty provided for in the first paragraph of this article.

 

Article 109 :

 

Any person responsible for receiving and counting ballot papers or counting votes, who reduces, adds to the votes cast or alters any writing on election documents is liable to a term of imprisonment of one year to five years and a fine of between five hundred thousand  (500 000 ) francs and eight hundred thousand  ( 800 000) francs.

 

Article 110

 

It is prohibited to enter a voting room with weapons. Any person who violates this provision shall be punished with a fine of between fifty thousand (50 000 ) francs to two hundred thousand  (200 000 ) francs if weapons were visible.

 

The penalty shall be imprisonment for a term of between fifteen (15) days and three (3) months and a fine of between one hundred and fifty thousand  (150 000 ) francs and three hundred thousand  (300 000 ) francs if weapons were concealed.

 

Any person present in the voting room who influence a voter’s choice by use of signals or other means whatsoever and who has been warned and thereafter expelled from the voting room shall be punished with a term of imprisonment of fifteen days or a fine of between fifty thousand (50 000 ) francs to two hundred thousand (200 000 ) francs.

 

 

 

Article 111 :

 

An person who spreads false information, uses insults or employs other fraudulent means with a view of rigging elections or otherwise influencing a voter to alter his or her choice of a candidate,  shall be punished with a term of imprisonment of between one month and one year and a fine of between fifty thousand (50 000 ) francs and two hundred  thousand  (200 000 ) francs.

 

Article 112:

 

Any person who, using cliques, noisy disturbances or acts of intimidation disrupts the exercise of election officials of their functions and infringes upon the exercise of the right to vote or freedom in voting shall be punished with a term of imprisonment of between three months and two years and a fine of between one hundred and fifty thousand  (150 000) francs and five hundred thousand  (500 000 ) francs.

 

Article 113:

 

Any person who enters or attempts to enter the polling station by force shall be sentenced to a term of imprisonment of between one year and five years and a fine of between five hundred thousand (500 000) francs and eight hundred thousand (800 000) francs.

 

Where the person who committed the offence provided for in paragraph one of this article was at the time carrying a weapon or where the offence disrupted the polling, the sentence shall be a term of imprisonment of between five (5) years and ten (10) years.

 

Where the offence was committed pursuant to a conspiracy occurring all over the whole country or in any one or more administrative areas, the offender shall be sentenced to a term of imprisonment of between ten (10) years and twenty (20) years.

 

Article 114 :

 

Any person, who being one of the members of the electoral college, is found responsible for bringing dishonour or acting with malice towards the polling station committee or one of its members or using menaces or acts of intimidation and thereby frustrates or attempts to frustrate the conduct of elections, shall be punished with the term of imprisonment of between one month and one year and a fine of between fifty thousand (50 000) francs and two hundred thousand (200 000 ) francs.

 

Where the election has been cancelled as a result of such offence, the sentence shall be a term of imprisonment of between one year and five years and a fine of between five hundred thousand (500 000 ) francs and eight hundred thousand (800 000 ) francs.

 

Article 115 :

 

Theft of a box containing ballot papers which have not yet been counted is punishable with a term of imprisonment of between one year and five years and a fine of between five hundred thousand (500 000 ) francs and eight hundred thousand (800 000 ) francs.

 

Where the theft of the ballot box is carried out pursuant to conspiracy or by force, the sentence shall be a term of  imprisonment of between five to ten years.

 

Theft of statements on the conduct of the elections or any other documents relating to election results, with the objective of or in furtherance of an attempt of altering the results of the elections or making their proclamation impossible is punishable with the same penalties.

 

Article 116 : 

 

Acts or omissions committed either by members of the polling station committee or by officials appointed by the competent public authority to ensure the safe custody of ballot papers which have not yet been counted or in respect of which the period for filing election petitions has not yet elapsed which may prejudice the legality of validity on an election are punishable by a term of imprisonment of between five to ten years.

 

Article 117 :

 

Any person who contravenes the provisions of Articles 35 and 36 of this Organic law or who influences a voter to change choice of a candidate shall be punished with a term on imprisonment of between one year and five years and a fine of between five hundred thousand (500 000) francs and eight hundred thousand (800 000 ) francs.

 

Article 118 :

 

Any person who uses acts of violence, intimidation, menaces or threats of loss of employment of the safety and security of a voter, members of family and his or her property with a view to making or in an attempt to make the voter change his or her choice of a candidate shall be punished with a term of imprisonment of between one month and two years and a fine of between one hundred thousand (100 000 ) francs and two hundred thousand (200 000 ) francs.

 

Article 119 :

 

Any person present in a polling station who, before, during and after the elections, shall, through the violation of the provisions of the law and regulations or other means or through fraudulent means alter or attempt to alter elections results or frustrates or attempts to frustrate the conduct of elections shall be punishable with a fine of between two hundred thousand (200 000 ) francs and five hundred thousand (500 000) francs.

 

Article 120 :

 

The courts may, in addition to the penalties provided for for offences under this code, also order that a person found guilty of offences under this organic law be deprived of his or her civil and political rights for a period not exceeding five years.

 

Where the offender is an employee of the National Electoral Commission, a person assigned to represent the Government, a public servant or a representative of a political organization, the penalty might be doubled.

 

Article 121 :

 

The provisions of the Penal Code which are not contrary to this Organic Law remain applicable.

 

Proceedings commenced by the government or member of the public which have not been filed within one month starting from the day the election results were announced are inadmissible.

 

CHAPTER V : FINAL PROVISIONS

 

Article 122 :

 

The National Electoral Commission issues as and when necessary and in accordance with provisions of this organic law instructions for the smooth running of elections.

 

Article 123:

 

The law of 5 July 1967 on the electoral regime as modified by Law n° 18/1983 of 27 August 1983 and other previous legal provisions contrary to this Organic law are hereby abrogated.

 

 

 

 

 

 

 

 

 

 

 

Article 124:

 

This Organic law shall come into force on the date of its publication in the Official Gazette of the Republic of Rwanda.

 

Kigali, on 07/7/2003

 

The President of the Republic

KAGAME Paul

(sé)

 

The Prime Minister

MAKUZA Bernard

(sé)

 

The Minister of Local Government, Information and Social Affairs

BAZIVAMO Christophe

(sé)

 

Seen and sealed with the Seal of the Republic:

 

The Minister of Justice and Institutional Relations

MUCYO Jean de Dieu

(sé)