Legislative Framework

Afghanistan

LF001

Question:	What is the status of the electoral law governing national elections?
Answer(s):	b. Separate legislation
Comments:	The Electoral Law of Afghanistan is a separate legislative document which was enacted in 2010. The legislation was brought into force under art. 79 of the Constitution of Afghanistan, which requires the endorsement of the President to establish new laws.
Source:	Electoral Law of Afghanistan: http://aceproject.org/ero-en/regions/asia/AF/afghanistan-election-law-2014-english/view (2014). http://www.afghanembassy.com.pl/afg/images/pliki/TheConstitution.pdf
Verified:	2019/09/24

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LF003

Question:	The national electoral law covers:
Answer(s):	a. National elections b. Regional elections c. Local elections d. Referendums
Comments:	The objectives of this law are: 1- Administration of free, universal, secret, direct, fair and transparent elections. 2- Establishing requirements and qualifications of voters and candidates. 3- Determining the electoral constituencies. 4- Manner of election and how to conduct it. 5- Managing affairs related to addressing the violations, objections and complaints arising from the elections.
Source:	Afghanistan Electoral Law, art. 21-39 (Chapters 5-15): http://aceproject.org/ero-en/regions/asia/AF/afghanistan-election-law-2014-english/view (2014). http://www.afghanembassy.com.pl/afg/images/pliki/TheConstitution.pdf
Verified:	2019/09/24

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LF004

Question:	Is voting on the national level voluntary or compulsory?
Answer(s):	a. Voting is voluntary
Comments:	Every voter shall have the right to have access to a polling center to exercise his/her vote.
Source:	Afghan Election Law, art. 5 (3): http://aceproject.org/ero-en/regions/asia/AF/afghanistan-election-law-2014-english/view (2014). http://www.afghanembassy.com.pl/afg/images/pliki/TheConstitution.pdf
Verified:	2019/09/24

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LF007

Question:	What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):	a. Judiciary d. Other
Comments:	Disputes over electoral matters are referred to the Central Complaints Commission established 120 days prior to the election date, by the president in consultation with the head of the Wolesi Jirga, the Meshrano Jirga and the head of the Supreme Court (Chief Justice).
Source:	Afghanistan Electoral Law, art. 66(1): http://aceproject.org/ero-en/regions/asia/AF/afghanistan-election-law-2014-english/view (2014). http://www.afghanembassy.com.pl/afg/images/pliki/TheConstitution.pdf
Verified:	2019/09/24

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