Info
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level b . Regional level c . Local level d . Other kinds of elections (church, union, etc.) Please specify.
Comments: d)Referenda
Subject to the provisions of this Constitution the Independent Electoral Commission shall be responsible for the conduct and supervision of the registration of voters for all public elections and the conduct and supervision of all public elections and referenda
Source: Constitution, Chapter V, part II, section 43 (1): https://www.constituteproject.org/constitution/Gambia_2004?lang=en (2017)
Elections Decree 78 of 1996, part II, section 8 (1-a): http://aceproject.org/ero-en/regions/africa/GM/gambia-elections-decree-78-of-1996/view (2017)
Verified: 2017/03/21
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
c . The legislature f . Donors g . Other
Comments: Elections Decree: The funds of the Commission shall consist of monies appropriated to it by The National Assembly such grants, donations and fees as may be made or paid to it, provided that the Commission shall not accept or receive any grant or donation made or paid by a political party.
Constitution: The Independent Electoral Commission shall submit its annual estimates of expenditure to the president for presentation to the National Assembly. The President shall cause the estimates to be placed before the National Assembly without amendment, but may attach to them his or her own comments and observations.
Source: Constitution, Chapter V, part II, section 44: https://www.constituteproject.org/constitution/Gambia_2004?lang=en (2017)
Elections Decree 78 of 1996, part II, section 10 (1): http://aceproject.org/ero-en/regions/africa/GM/gambia-elections-decree-78-of-1996/view
Verified: 2017/03/21
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
c . The legislature e . Another organ within the national government
Comments: The Auditor-General or such other auditing firm as the Commission may appoint. The Chairman of the Commission shall, within three months after the end of the financial year, submit to The National Assembly the audited statement of accounts of the Commission.
Source: Elections Decree 78 of 1996, part II, section 10 (2, 3): http://aceproject.org/ero-en/regions/africa/GM/gambia-elections-decree-78-of-1996/view (2017)
Verified: 2017/03/21
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
b . For a specified number of years
Comments: The members of the Commission shall be appointed by the president for a period of 7 years and may be re-appointed for one further term.
Source: Constitution, Chapter V, part II, section 42 (4): http://aceproject.org/ero-en/regions/africa/GM/constitution-of-the-republic-of-the-gambia/view
Verified: 2017/03/21
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments: There shall be an Independent Electoral Commission for The Gambia which shall be part of the public service. In the exercise of its functions, the Commission shall not be subject to the direction or control of any other person or authority.
Source: Constitution, Chapter V, part II, section 42 (1), 43 (3):
https://www.constituteproject.org/constitution/Gambia_2004?lang=en (2017)
Verified: 2017/03/21
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
a . 1 - 10 members (specify)
Comments: The Independent Electoral Commission is composed of a Chairman and 4 other members.
Source: Constitution, Chapter V, part II, section 42 (2): https://www.constituteproject.org/constitution/Gambia_2004?lang=en (2017)
Verified: 2017/03/21
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
b . Expertise
Comments: A person shall not be qualified for appointment as a member of the Commission if
(a) he or she is a member of the National assembly;
(b) he or she is, or has at any time during the two years immediately preceding his or her appointment, been nominated as a candidate for election as a member of the National Assembly;
(c) he or she is, or has at any time during such period of two years been, the holder of any office in any organization that sponsors or otherwise supports or has at an time sponsored or otherwise supported, a candidate for election as a member of the National Assembly or of any local government authority or if he or she has actively identified himself or herself
with any such organization;
(d) if he or she holds an office in the public service other than as a members of the Commission or the staff of the Commission; or
(e) if he or she has been convicted in any country of any offense involving dishonesty or moral turpitude.
Source: Constitution, Chapter V, part II, section 42 (5): https://www.constituteproject.org/constitution/Gambia_2004?lang=en (2017)
Verified: 2017/03/21
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
a . Head of State b . Head of Government f . Judiciary i . Other
Comments: The members of the Independent Electoral Commission shall be appointed by the President in consultation with the Judicial Service Commission and the Public Service Commission.
Source: Constitution, Chapter V, part II, section 42 (3): https://www.constituteproject.org/constitution/Gambia_2004?lang=en (2017)
Verified: 2017/03/21
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