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
Comments:
The High Electoral Commission is responsible for organizing, managing and supervising the electoral process
Source:
Law No. 4 on the Election of the General National Congress, Art. 4 (National Transitional Council of Libya): (Eng) http://aceproject.org/ero-en/regions/africa/LY/libya-law-no.-4-of-2012-on-the-election-of-the-e/view (Arabic) http://aceproject.org/ero-en/regions/africa/LY/libya-law-no.-4-of-2012-on-the-election-of-the/view
Verified:
2024/11/25
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
c . The legislature
Comments:
The interim National Transitional Council shall determine the financial treatment of the HNEC Council chairman and
members.
Source:
Law No. 3 on the Establishment of the High National Electoral Commission, Art. 17 (National Transitional Council of Libya): https://security-legislation.ly/latest-laws/law-no-3-of-2012-on-the-establishment-of-the-high-national-commission-for-elections/
Verified:
2024/11/25
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
g . Other
Comments:
Article (4)
The HNEC shall draft the necessary budget for the electoral process, to be approved by the competent entity.
Article (5)
The Audit Office shall review the HNEC’s approved budget and expenditure.
Article (6)
All material, equipment and installations pertaining to the electoral process, whether locally purchased or imported by the HNEC, shall be exempt from all fees and taxes.
Source:
Law No. 3 on the Establishment of the High National Electoral Commission, Art. 2, 4-6, & 18 (National Transitional Council of Libya): https://security-legislation.ly/latest-laws/law-no-3-of-2012-on-the-establishment-of-the-high-national-commission-for-elections/
Verified:
2024/11/25
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
c . For an unspecified period
Comments:
There are no provisions on the length of the term for a member of the HNEC in the transitional legislation.
Source:
Law No. 3 on the Establishment of the High National Electoral (National Transitional Council of Libya): https://security-legislation.ly/latest-laws/law-no-3-of-2012-on-the-establishment-of-the-high-national-commission-for-elections/
Verified:
2024/11/25
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments:
The HNEC is an independent body.
Source:
Law No. 3 on the Establishment of the High National Electoral Commission, Art. 2 (National Transitional Council of Libya):
https://security-legislation.ly/latest-laws/law-no-3-of-2012-on-the-establishment-of-the-high-national-commission-for-elections/
Verified:
2024/11/25
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
b . 11 - 20 members (specify)
Comments:
The HNEC Council shall be composed of seventeen (17) full-time members nominated by a decision of the interim NTC as follows:
Chairman and two deputies thereof, to be nominated by the committee established by Decision No. (180) of 2011 of the interim NTC, and appointed by the interim NTC.
Three judges acting as appellate court counsellors
Two attorneys-at-law
Two university and higher institute professors
Four members: two male and two female from civil society organizations
Administrative affairs expert
Member of the youth population
Member of the Libyan diaspora abroad
Candidates of items 2 to 8 of this Article shall be nominated by their respective entities. If the relevant entities do not nominate candidates, the committee established by Decision No. (180) of 2011 of the interim NTC shall nominate others at its own discretion in accordance with standards of patriotism and integrity approved by the interim NTC.
Source:
Law No. 3 on the Establishment of the High National Electoral Commission, Art. 8 (National Transitional Council of Libya): https://security-legislation.ly/latest-laws/law-no-3-of-2012-on-the-establishment-of-the-high-national-commission-for-elections/
Verified:
2024/11/25
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
b . Expertise
Comments:
e HNEC Council shall be composed of seventeen (17) full-time members nominated by a decision of the interim NTC as follows:
Chairman and two deputies thereof, to be nominated by the committee established by Decision No. (180) of 2011 of the interim NTC, and appointed by the interim NTC.
Three judges acting as appellate court counsellors
Two attorneys-at-law
Two university and higher institute professors
Four members: two male and two female from civil society organizations
Administrative affairs expert
Member of the youth population
Member of the Libyan diaspora abroad
Candidates of items 2 to 8 of this Article shall be nominated by their respective entities. If the relevant entities do not nominate candidates, the committee established by Decision No. (180) of 2011 of the interim NTC shall nominate others at its own discretion in accordance with standards of patriotism and integrity approved by the interim NTC.
Source:
Law No. 3 on the Establishment of the High National Electoral Commission, Art. 8 (National Transitional Council of Libya): https://security-legislation.ly/latest-laws/law-no-3-of-2012-on-the-establishment-of-the-high-national-commission-for-elections/
Verified:
2024/11/25
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
c . Executive
e . Legislature
Comments:
The National Transitional Council nominates the members of the HNEC.
Source:
Law No. 3 on the Establishment of the High National Electoral Commission, Art. 8 (National Transitional Council of Libya): https://security-legislation.ly/latest-laws/law-no-3-of-2012-on-the-establishment-of-the-high-national-commission-for-elections/
Verified:
2024/11/25
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Additional, but potentially outdated material is available here.