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What are the Nomination Rights for the Membership of the Egyptian People’s Council?
This right is organized by law no. 38 for the year 1072 amended by law no. 175 for the year 2005 stating that there are conditions that must be applied on the candidate, explaining how to apply? According to the following:
The conditions that must apply on the candidate for the membership of the people’s council:
The candidate must Egyptian from an Egyptian father.
1. His name must be listed in one of the electing tables and there mustn’t have been any reason to cancel his name according to the law.
2. He must be at least 30 years of age on the date of nomination.
3. He must have completed his basic education or those who were born before 1970 must be able to read and write.
4. He must have completed his military service or was discharged according to the law.
5. if he used to be a member at the people’s council, his membership mustn’t have been canceled by a decision made by the people’s council or the consultative council because of loosing faith (mistrust) or breaching the membership duties (canceling the membership must be done by the majority of two thirds of the people’s council members). But he can re-nominate himself according to the following conditions:
- The legislative season of issuing the decision of canceling the membership must have ended.
- A decision must be issued by the people’s council or the consultative council to cancel the cause of dropping the membership, and that decision must be issued in case of the approval of the majority of the members according to a proposal presented by 30 members.
How to present a nomination application:
The application of nomination for the membership of the people’s council must be submitted in writing to the security bureau in the related district during the period defined by the minister of the interior that is no less than 10 days starting from the date of opening for nomination. The application must be accompanied with a receipt of depositing a sum of 200 pounds in the treasury of the security bureau and the needed documents to prove that all of the nomination conditions apply on the candidate according to the law. All of the presented documents must be official. Candidate who exceed the age of 35 years don’t have to present the certificate of the military service or discharge.
Registering the nomination applications:
The nomination applications are registered according to the dates of presenting these applications in a special record, and given receipts in return, then procedures defined by the minister of the interior must be followed.
Examining the nomination applications:
The nomination applications are examined by a committee or more in each district with two of the members of the judiciary bureau as heads of this committee (judge or higher) chosen by the minister of justice and representative of the ministry of the interior chosen by the minister of the interior. The decision of forming such committees is issued by the minister of the interior.
Every candidate has the right to object on enrolling the name of any other candidate or to prove an incorrect attribute next to his name or any other name listed in the roll during the period of presenting this roll.
These objections are settled during a maximum period of 10 days starting from the day of closing the door of nomination by a committee or more formed by a decision of the minister of the interior in each district with two of the members of the judiciary bureau as heads of this committee (judge or higher) chosen by the minister of justice and representative of the ministry of the interior chosen by the minister of the interior.
The names of the candidates (each in his constituency) are published in two widespread daily newspapers.
The relinquishment of nomination:
Every candidate has the right to relinquish his nomination with a declaration by the hands of summons server presented to the security bureau in the district before the electoral day with at least 10 days. This relinquish is written in front of his name in the candidates roll in the constituency if he was listed in the roll. This relinquish is declared on the day of election in the headquarters of the constituency and the branch committees. This relinquishment is published by the ministry of the interior in two widespread daily newspapers before the electoral date with enough time.
The right to receive an official copy of the candidates table:
Every candidate has the right to receive an official copy of the candidates table in the constituency in return of a toll of 100 pounds. This copy will be delivered in a maximum period of 3 days starting from the date of paying the toll.
Candidates right in an electoral advertisement:
Electoral advertisement must apply to the principles of the constitution and the law according to the following rules:
1. Never mess with the private life of other candidates.
2. obligation and keeping the national unity and never use religious mottoes in a way that threatens this unity.
3. never use buildings, constructions or transportation means owned to the state, the public sector or companies that the state contributes in its’ capital or their money in the electoral advertisement process.
4. never use worshipping or educational places in the electoral advertisement process.
5. never receive money from foreign or international individuals or corporations or their representatives in the state to spend on the electoral advertisement process, not to take part in the electoral advertisement process or to express an opinion in a certain matter.
In addition to the regulations and the means that organize the electoral advertisement process including the maximum limit of spending (expenses) that must not be exceeded. Defined by a decision from the elections supreme committee, this decision is published in two widespread daily newspapers.
The specialized governor has the authority to remove posters and all other advertising means that violate any of the previously mentioned regulations.
Anyone who violates the 5th stipulation will be punished with an imprisonment sentence of one year minimum and a fine that s no less than 50 thousand pounds and doesn’t exceed 100 thousand pounds, in addition to confiscating the money he has received.
Anyone who violates any of the other stipulation will be punished with an imprisonment sentence of 3 months minimum and a fine that s no less than 5 thousand pounds and doesn’t exceed 20 thousand pounds or one of the two punishments.
Challenging the results of the elections:
The challenge must be presented according to clause no. 93 of the constitution to the head of the people’s council during the 15 days that follow the declaration of the electoral results including the reasons behind this challenge signed by the applicant .
Clause no. 93 of the constitution states that people’s council is the specialized body for settling the veracity of the membership of any of its’ members. The court of cassation is the specialized body to investigate the veracity of the presented challenges to the council. These challenges must be transferred from the head of the people’s council to the court of cassation within 15 days from the day of receiving the challenge. The investigation must end within 90 days from the day of transferal. Then the result of the investigation is presented to the people’s council to make a decision within 60 days from the date of presenting the result of the investigation. The membership will not be considered null without issuing a decision by the majority of the council members.
In the countryside, we need to know the conditions of nomination for the membership of the people’s council. As Egyptians, we must apply as candidates or voters, so that there will be members who will defend our rights and seek the issuance of laws that serve the interests of small farmers and working women in both urban and rural areas, and provide us with health and educational care, provide public services and facilities in order for all Egyptians to live a decent life.
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