Info
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
a . Part of Constitution
b . Separate legislation
Comments:
Source:
Transitional Constitution 2011: http://www.unhcr.org/refworld/docid/4e269a3e2.html%C2%A0 (2012);
Political Parties Act No 33 of 2012: http://paanluelwel2011.files.wordpress.com/2012/07/south-sudan-political-parties-act-2012.pdf (2012);
National Elections Act 2012: https://aceproject.org/ero-en/regions/africa/SS/south-sudan-the-national-elections-act-no.-39-of/view
Verified:
2021/06/02
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections
c . Local elections
d . Referendums
Comments:
Source:
Transitional Constitution 2011: http://www.unhcr.org/refworld/docid/4e269a3e2.html%C2%A0 (2012);
National Elections Act 2012, art. 3: https://aceproject.org/ero-en/regions/africa/SS/south-sudan-the-national-elections-act-no.-39-of/view
Verified:
2021/06/02
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments:
(1) Every citizen shall have the right to take part in any level of government directly or through freely chosen representative, and shall have the right to nominate himself or herself or be nominated for a public post or office in accordance with this Constitution and the law. (2) Every citizen shall have the right to vote or be elected in accordance with this Constitution and the law.
Source:
Transitional Constitution 2011, art. 26: http://www.unhcr.org/refworld/docid/4e269a3e2.html%C2%A0 (2012);
National Elections Act 2012, art. 33, 34: https://aceproject.org/ero-en/regions/africa/SS/south-sudan-the-national-elections-act-no.-39-of/view
Verified:
2021/06/02
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
b . EMB
Comments:
Any candidate or political party that participated in an election or referendum shall have the right to submit a written objection against the provisional results. This objection shall be submitted at any Commission office to the attention of the Commission within seven days of the declaration of official results.
Source:
Transitional Constitution 2011: http://www.unhcr.org/refworld/docid/4e269a3e2.html%C2%A0 (2012);
National Elections Act 2012, art. 111, 112
Verified:
2021/06/02
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