| The Elections Act of Islamic Consultative Assembly |
| Chapter 5 - Candidature Announcement and Eligibility of Candidates |
| Article 41: |
| The Governor or Governor deputy of
the polling stations is obliged directly or by empowering the governor or
governor deputy of tributary polling stations to assign a representative
for each nomination or polling station. |
| Article 42: |
| Executive boards shall be
responsible for the authenticity of elections in their station.
Note: Whenever the ministry of
interior finds it appropriate for the second stage of elections, it will
order for trust worthy persons for the polling stations under the
awareness and confirmation of central supervisory board. |
| Article 43: |
| The City Executive Board shall
carry out all the affairs of election central station. |
| Article 44: |
| Obtaining the confirmation of
central executive board, tributary executive boards are authorized to
establish movable polling stations for mountainous and arduous places or
any other places where no stations may be established. Also the executive
board of polling station center is authorized to establish movable station
in the center whenever it is found necessary.
In both cases the supervisory
board shall be informed respectively. A representative of the supervisory
board shall be along with the movable station and he is also obliged to
mention the route of station in his report. |
| Article 45: |
Candidates of parliament shall refer to governor general office of polling station, and receive the special questionnaires for candidature announcement, fill them out and submit within 7 days from the date of issue of publication of election commencement order by the Ministry of the Interior.
The matter shall be publicly announced by the Ministry of the Interior through media in advance, and the governor generals shall spread the news to people through the required means.
Note 1: The candidates of parliament who are qualified and live abroad, are required to refer to the relevant Embassy, Consulate or political agency and shall fill out the candidacy questionnaire in the presence of the competent authorities of the Embassy or consulate or political agent. The Embassy shall inform the contents of the questionnaires to the Ministry of the Interior via TLX or fastest means of communication through the Ministry of Foreign Affairs. Then, the eligibility of the candidates shall be examined in a proper time at the executive board of the polling station.
Note 2: The candidates of parliament may receive the candidacy forms from the Ministry of the Interior and shall send to the Ministry of the Interior after filling them out. The Ministry of Interior shall inform the matter to the governor general of the polling station immediately.
Note 3: A photocopy of the candidacy form, a photocopy of ID card and two photos shall be sent to the central supervisory committee by the Ministry of the Interior at most within 3 days after completion of nomination. |
| Article 46: |
| Parliament candidates may announce personally and in writing their withdrawal to the governor general of election poll or the Ministry of the Interior. The withdrawal shall be announced to the central supervisory committee. Failure in announcement shall not be acceptable. |
| Article 47: |
| The governor general of polling station shall announce every day the complete particulars of the candidates of their polling station to the Ministry of the Interior with the fastest means possible. The Ministry of the Interior shall everyday send a copy of the complete particulars of the candidates to the central supervisory committee. |
| Article 48: |
Ministry of the Interior and guardian council, upon receiving the candidates' particulars, shall send list of them to the Ministry of Information, Attorney General, State Personal Status Registry Office, Identity Control Office and International Police Office in order to study their records in connection with their eligibility stipulated in this law. The said centers shall announce the result of their study to the Ministry of the Interior and the Guardian Council presenting relevant reason and evidence within 5 days.
Note: The Ministry of the Interior, if necessary, shall take fingerprints of the candidates. |
| Article 49: |
| Ministry of the Interior, upon receiving the results mentioned in the Article 48, shall announce to the governor general of polling station which shall present the results and documents at the common meeting of the executive board and central committee of supervision of the polling stations. |
| Article 50: |
The executive boards of the polling stations shall study the eligibilities of the candidates through the Ministry of the Interior and shall announce the outcome to the committees of supervision at most within 5 days after termination of nomination respite.
Note: Disqualification notices of the candidates of the Islamic Consultative Assembly shall be valid based on the law and according to documents and evidence. |
| Article 51: |
The governor general of polling stations shall inform the notice of disqualification of candidates issued by the executive board of election in reference to the legal documents within a day to the relevant candidates and shall send the relevant documents of the matter to the supervisory committee of the province with the fastest means possible.
Note: Those candidates whose eligibilities have not been confirmed may submit their complaint to the supervisory committee within 4 days from the date the
notice served on them. |
| Article 52: |
The reports and complaints received within 7 days after termination of the respite of receiving the complaints, shall be presented at the meeting of the committee of super-vision and the results shall be included in a
memorandum. Should the intention of the executive board for disqualification of candidates is also approved by the supervisory committee of the province, the aforesaid committee shall seek the comment of the central supervisory committee in this respect. The supervisory committee of the province shall announce its views regarding qualification of other candidacies.
Note 1:
The supervisory committee of the province, upon having the comment of the central committee f supervision, shall announce the admission or rejection of all candidates according to legal evidence and documents at a meeting with the relevant governor general.
Note 2:
The governor general shall announce the intention of the central supervisory committee as to admission or rejection of all candidates received from the supervisory committee of the province to the relevant candidates who may submit their complaints to the guardian council in writing.
Note 3:
Should the central supervisory committee disqualify the candidates whose eligibilities have been approved of by the executive board of polling station, the candidates may submit their complaints to the guardian council. The guardian council shall announce its final comment on qualification or disqualification of the candidates to the Ministry of the
Interior. |
| Article 53: |
| Should the trustees of the executive board not comply with the legal regulations of election, the governor general shall take step to change the trustees or establish a new executive board upon approval of the supervisory committee of polling station and permission of the Ministry of the Interior. Change of some members or general change of the executive board shall be carried out according to the Articles 32 & 35. |
| Article 54: |
| Where according to the received reports and complaints it is known to the guardian council that members of the supervisory committee violate the laws and regulations, the guardian council, as the case may be, shall attend to the violations legally. |
| Article 55: |
The nominees can introduce, alone or in-group, a representative to the committee of supervision of the polling station through the following procedure:
- Polling stations with one candidate, one representative for each poll box
- Polling stations with two candidates, one representative for the two poll boxes
- Polling stations with three candidates, one representative for the three poll boxes
- Election polls with four candidates, one representative for the four poll boxes
- Polling stations with five candidates, one representative for the five poll boxes
- Polling stations with six candidates, one representative for the three poll boxes
Also, for the number of candidates of each polling station, the equivalent number of polling stations one representative.
These representatives can be present at the polling stations. They shall announce any violation, in writing, to the executive board and the supervisory committee without any intervention.
Appearance of representatives of the candidates until the end of election and counting of
votes and writing relevant minutes of meeting is permissible. Failure in appearance
of the representatives at the polling stations shall not be acceptable and shall be considered as offence and the offender shall be sentenced to the punishment stipulated in the article 83 of the law.
Note: Attendance of persons other than those in charge and members of election polls, supervisors of guardian council, representatives and inspectors of the Ministry of the Interior, representatives of candidates, in polling stations under any title is not allowed and shall be considered as offence. Police officers and those in charge of polling stations shall prevent attendance of outsiders. The offenders shall be sentenced to punishment stipulated in the Article 75.
|
