|
Executive By-Law
of Election Law of the Islamic Consultative Assembly
- Approved in 1999 - |
| Chapter
3 - Candidature Announcement and Study of Records and Attending to Eligibility
of Candidates and Publication of the List of Nominees |
| Article
20: |
| The candidates of membership in the Islamic Consultative Assembly, based on the Article 45 of the law and its notes 1 and 2, shall refer to the governor general of polling stations or the Ministry of the Interior and in abroad, to the Embassies, consulates, political agents of the Islamic Republic of Iran within the legal agreed time and shall present their original identity certificate affixed with photo, 10 pieces of new photo (3x4) and 3 photocopies of all pages of Identity Certificate, original and photocopy of the latest academic records, original and photocopy of their conscription completion cards or documents to show the military service status of them, and shall receive questionnaire of candidature announcement and shall fill them out and submit in the presence of the governor general or nominator in the Ministry of the Interior, Embassy, Consulate or Political Agent and shall announce their readiness for participation in the election upon receiving receipt of photocopy of the documents for nomination. |
| Note 1: |
| The governor generals, in keeping with the Article 45 of the Law, immediately after announcement of the Ministry of the Interior, shall announce the beginning and ending dates of nomination and requirements of nominees and the required documents to the local people of the constituencies. |
| Note
2: |
| Ministry of the Interior shall send the documents of the candidates who have nominated in the Ministry of the Interior to the governor general and shall announce the names and specifications of them to the constituency on the same day. |
| Note
3: |
| Ministry of Foreign Affairs, shall take the necessary actions to speed up the enforcement of the note 1 of the Article 45 of the Law so that the provisions stated in the candidate's questionnaire be announced to the state election office within the same day. |
| Note
4: |
| Names and documents of the candidates nominated abroad shall be immediately announced to the governor general by the Ministry of the Interior, once received. |
| Article
21: |
| Governor generals shall take step to accept the candidature announcements within the instructed time and shall not accept such announcements after the end of the 7th day. |
| Article
22: |
| Governor generals, at the end of each day, shall announce the list and specifications of the candidates nominated on that day and also at the end of the legal respite of nomination, send specifications of all candidates in whole and alphabetically to the state election office. They shall send by the fastest means possible, two photocopies of questionnaire of candidature announcement, two photocopies of all pages of Identity certificate and 3 pieces of photos to the province election office. Ministry of the Interior shall send a photocopy from the complete specifications of the candidates to the central supervisory committee. |
| Note 1: |
| Governor generals of Tehran and Isfahan shall announce the list and specifications of the candidates of each religious minority to the state election office separately. |
| Note
2: |
| Governor general, on the days with no applicant for nomination, shall inform the matter to the state election office on the same day. |
| Note
3: |
| In order to prevent from any delay in reaching the documents of nomination to the state election office, the governor generals' of polling station shall send the documents of the candidates to the state election office at least every day; otherwise, delivery of the said documents to the state election office shall be done within at most one day after the termination of nomination respite. |
| Article
23: |
| Ministry of the Interior shall inquire about eligibility of the candidates as stipulated in the law, from the authorities stipulated in the article 48 according to the forms which have been written within the framework of law. |
| Article
24: |
| The valid documents relevant to the unlawfulness of the parties, organizations and groups subject of the item 3 of Article 30 of the election law of the Islamic Consultative Assembly shall be sent to the executive and supervisory authorities by the legal centers according to the law of attending to the complaints of disapproved candidates in different elections approved in 1999, the Expediency Council. |
| Article 25: |
| The relatives of the organization and supporters (subject of item 3 , Article 30 of the Law) and those who have had effective part in the former regime, (subject of item 1, Article 30 ) and also other cases subject of item 10, Article 30, based on the approval of the Expediency Council dated 13.11.1999 in respect of necessity for precisely attending to the eligibility of the disapproved candidates in different elections or announcement of the responsible centers. |
| Article
26: |
| Governor general of constituencies shall hold meeting after termination of nomination respite through invitation of members of the central supervisory committee in order to attend to the eligibility of the candidates and in consideration of the results obtained from the necessary studies and by means of the results announced by the Ministry of the Interior, the eligible nominees shall be specified within 10 days and the relevant process-verbal shall be written and announced to the supervisory committees. |
| Note
1: |
| In order to avoid halt in attending to the eligibility of the candidates and completion of the work on the agreed time, the executive boards are required to take the preliminary steps from the first day of nomination. |
| Note
2: |
| Should the executive board not recognize some of the candidates eligible based on the results reached in the necessary studies made by the Ministry of the Interior in accordance with the provisions of the Articles 28, 29 and 30 of the law, shall enter the matter in the process-verbal along with the relevant reasons pointing out to the legal articles, items and clauses. |
| Note
3: |
| Disapproval of the candidates of the Islamic Consultative Assembly in connection with the requirement of beliefs and practical commitment to Islam and the sacred government of the Islamic Republic of Iran shall be ascertained on the basis of the law and valid documents which have been sent by the expediency council in respect of the necessity for attending to the complaints of the disapproved candidates in different elections, by the legal responsible centers to the executive and supervisory authorities. |
| Note
4: |
| The boards of attending to the eligibility of the candidates in keeping with the item 3 of the Article 28 of the law of election of the Islamic Consultative Assembly, shall take the required actions within the framework of the law taking into account the basis of faithfulness to the constitution and promotion principle of the leader in declaration, announcement or any other way of expression and in the form of documents by the candidate. |
| Article 27: |
| The governor general, immediately after receiving the process-verbal of attending to eligibility of the candidates, shall send the result to the province election office and the state election office and a copy along with the relevant documents to the province supervisory committee and a copy to the state election office with the fastest means possible. |
| Note
1: |
| The governor general, in order to speed up the work, may deliver the original process-verbal to the province election office to be sent to the Ministry of the Interior after sending the context of the process-verbal via fax. |
| Note
2: |
| The province election office shall take actions to put at the disposal of the state election office the relevant process-verbal at most one day after completion of the attending to the eligibility of the candidates in the executive boards. |
| Article 28: |
| The governor general shall notify the reason of disapproval of candidates to them confidentially and in writing while pinpointing the relevant invoked legal articles. |
| Note
1: |
| In case of the candidate's request, the documents and reason of disapproval of the candidate's eligibility shall be notified to the given candidate by the relevant authority taking into account the approval passed by the expediency council on 13.11.1999. |
| Note
2: |
| The governor general of polling station shall plan in such a way that the result of the disapproval of the candidates is sent to the candidates on the agreed time and without delay. |
| Article
29: |
| The candidates whose eligibility has been disapproved may submit their complaints to the relevant province supervisory committee within 4 days from notification according to the Note of Article 51 of the Law; and if wished, may inform their reasons and defense to the members of the province supervisory committee and the central supervisory committee orally according to the approval dated 13.11.1999 of the Expediency Council in respect of attending to the complaints of the disapproved complaints, and the supervisory committee are required to attend to them. |
| Article 30: |
| Supervisory committees of provinces, in keeping with the Article 52 of the Law, shall attend to the complaints received from the disapproved candidates within 7 days and shall write up the relevant process-verbal. |
| Note
1: |
| Should the supervisory committees of provinces disapprove of eligibility of some candidates whose eligibility has been approved by the executive board, it shall include the reason of disapproval of their eligibility in the relevant-process verbal according to the law of necessity to attend to the complaints of the candidates with disapproved eligibility. |
| Note
2: |
| The supervisory committees of the provinces may start attending to the eligibility of candidates immediately after receiving the relevant proces verbal from the constituency, in order to speed up the work. |
| Note
3: |
| The supervisory committees of the provinces, immediately after receiving the results of attending to the complaints of the disapproved candidates and also their comment on those candidates who have been found eligible by the executive board, shall send them to the central supervisory committee with the fastest means possible. |
| Article 31: |
| The supervisory committees of the province, immediately after announcement of the matter to the central supervisory committee, shall make the necessary follow-ups in respect of receiving the comment of the central supervisory committee and after acquiring the comment of the central supervisory committee, shall write up process-verbal for the matter in keeping with the Note 1 of the Article 52 of the Law and shall send a copy to the governor general. |
| Note: |
| The supervisory committees of the provinces shall make arrangements so that at most on the 7th day, the process of attending to the complaints of the candidates whose eligibility has been disapproved, is
finialized. |
| Article 32: |
| The governor general of polling station, after receiving the process-verbal of attending to the complaints of the candidates whose eligibility has been disapproved by the executive board and also after commenting on other candidates by the province supervisory committee, must within 24 hours notify the disapprovals to the relevant candidates along with the relevant reasons and evidence including the approval dated 13.11.1999 of the Expediency Council and then shall announce the context of the said-process-verbal to the state election office. The disapprovals shall also be notified to the relevant candidates. |
| Article 33: |
| All candidates whose eligibility has been approved by the executive board but the central supervisory committee has not done so and also those candidates whose eligibility has been disapproved by the executive board but approved by the central supervisory committee, in keeping with the Notes 2 and 3 of Article 52 of the Law, are required to announce the matter of disapproval within 24 hours to the guardian council directory or through the province supervisory committee. |
| Note: |
| The candidates whose eligibility has been approved by the executive board but disapproved by the central supervisory committee according to the relevant valid evidence and documents and in consideration of the law of necessity to attend to the complaints of the candidates who have been disapproved in different elections, shall have right to present their objections and defense to the guardian council in persons. |
| Article 34: |
| The state election office, after receiving the comment of the guardian council in respect of approval or disapproval of all the candidates across the country, shall notify the matter to the relevant constituencies at most within 1 day. |
| Note
1: |
| If the guardian council disapproves of the candidates whose eligibility has been approved in the previous stages, the matter of disapproval shall be announced to the state election office in reference to the legal articles and in consideration of the law of necessity to attend to the complaints of the disapproved candidates to be notified to the candidate through the constituency. |
| Note
2: |
| The candidates subject to the Note 1 of this Article may apply to the guardian council for re-attending to the complaints at most within 3 days from the date of notification of disapproval. |
| Note
3: |
| The guardian council, at most within 7 days from the date of receiving any of applications for re-attending to the disapprovals, shall attend to the complaints and announce its findings to the state election office. |
| Article 35: |
| The governor general, after receiving the comment of the guardian council in respect of re-attending to the complaints from the state election office, shall notify the comment of the guardian council in respect of disapproval of all the disapproved candidates to the relevant candidates and shall publish the names of the nominees approved by the central supervisory committee or the guardian council within at most one day. |
| Note: |
| Should the candidate be known with other name not included in his/her Identity card and he/she has stated the matter in the questionnaire and is approved by the executive board, the governor general shall include that name in the nomination names notice of campaigns as well. The basis of vote counting is surnames, which have been mentioned in the campaign notices, and in case of similarity in names, the Note 2 of the Article 20 of the Law shall be applicable. |
| Article 36: |
| The governor generals of Tehran and Isfahan, after receiving the comment of the guardian council in respect of eligibility of candidates from the Ministry of the Interior, shall notify the matter to the candidates and shall publish in the campaign notices of the nominees of religious minorities approved by the central committee or the guardian council according to the Article 36 within at most one day. In order to prevent any halt in publication of notices in sub-polling stations, names of the nominees shall be announced to the governor generals of the religious minorities by the fastest means possible to enable the governor generals to publish campaign notices for the religious minorities separately. |
| Article 37: |
| The governor general of polling station, immediately after publication of the notices of campaign for the nominees, shall send a copy of them to the central supervisory committee and two copies to the state election office and a copy to the province supervisory committee. |
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