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Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments: For the elections of the members of the National Assembly and Commune Councils, the existing provincial and commune boundaries are used for electoral purposes. For the election of the members of the Senate, new constituencies are delimited by the combination of one or more provincial boundaries.
Source: Constitution, art. 77, 101: https://www.constituteproject.org/constitution/Cambodia_2008;
Law on the Election of the Members of the National Assembly, arts. 5-6: http://ngocedaw.org/wp-content/uploads/2014/10/tmp_11849-Draft-of-LEMNA-by-CNRP-CPP_March_08_2015132491924.pdf (2017)
Verified: 2023/10/11
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
d . Conformity with local jurisdiction boundaries
Comments: Members of the National Assembly shall be chosen by a general election, by means of a free, fair, universal, direct, equal and secret ballot. The electoral system shall be proportional, with provincial and municipal representation.
Source: Constitution, art. 77, 101: http://www.ccc.gov.kh/detail_info_en.php?_txtID=791 (2018);
Law on the Election of the Members of the National Assembly, art. 5-6: http://ngocedaw.org/wp-content/uploads/2014/10/tmp_11849-Draft-of-LEMNA-by-CNRP-CPP_March_08_2015132491924.pdf (2017)
Verified: 2023/10/11
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
a . Legislature (1st chamber) b . Legislature (2nd chamber)
Comments: Boundaries are established in article 6 of the Law on the Election of the Members of the National Assembly.
Source: Constitution, art. 77, 101: http://www.ccc.gov.kh/detail_info_en.php?_txtID=791 (2018);
Law on the Election of the Members of the National Assembly, art. 5-6: http://ngocedaw.org/wp-content/uploads/2014/10/tmp_11849-Draft-of-LEMNA-by-CNRP-CPP_March_08_2015132491924.pdf (2017)
Verified: 2023/10/11
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
e . Elected by electoral college or committee
Comments: The King is the Head of State for life. The Cambodian monarchy is an elective monarchy. The King can not appoint His heir to the throne. The new King of Cambodia shall be elected by the Crown Council. The membership of the Crown Council shall be composed of:
-The President of the Senate
-The President of the National Assembly
-The Prime Minister
-The Supreme Patriarchs of the two religious orders, Mahanikaya and Dhammayutikanikaya
-The First and Second Vice-Presidents of the Senate
-The First and Second Vice-Presidents of the National Assembly.
Source: Constitution, art. 7, 10, 13: http://www.ccc.gov.kh/detail_info_en.php?_txtID=791.
Verified: 2023/10/11
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
e . Appointed
Comments: The King shall appoint the Prime Minister and the Council of Ministers.
Upon the proposal of the President of the National Assembly in agreement with the two Vice-Presidents, the King assigns a high ranking personality among the Members of National Assembly from the elections winning party, to form
the Royal Government. This assigned high ranking personality, accompanied by his collaborators who are Members of the National Assembly or members of the parties represented at the National Assembly and who are in charge of ministerial functions within the Royal Government, solicits the confidence
from the National Assembly. Once the National Assembly has voted the confidence, the King signs the Kret appointing the whole Council of Ministers.
Source: Constitution, art. 19, 119: http://www.ccc.gov.kh/detail_info_en.php?_txtID=791.
Verified: 2023/10/11
ES003
President
Question: Does the country have a president?
Answer:
b . No
Comments: The King of Cambodia reigns but does not govern. The King shall be the Head of State for life.
Source: Constitution, art. 7: http://www.ccc.gov.kh/detail_info_en.php?_txtID=791.
Verified: 2023/10/11
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
b . Two chambers
Comments: Legislative power is vested to the National Assembly and the Senate.
Source: Constitution, art. 90 (1), 99 (1): http://www.ccc.gov.kh/detail_info_en.php?_txtID=791.
Verified: 2023/10/11
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
g . List Proportional Representation
Comments: Members of the National Assembly shall be chosen by a general election, by means of a free, fair, universal, direct, equal and secret ballot. The electoral system shall be proportional, with provincial and municipal representation.
Source: Law on the Election of the Members of the National Assembly, art. 5: http://www.ccc.gov.kh/detail_info_en.php?_txtID=791.
Verified: 2023/10/11
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
b . Separate legislation
Comments:
Source: Law on the Election of the Members of the National Assembly: http://ngocedaw.org/wp-content/uploads/2014/10/tmp_11849-Draft-of-LEMNA-by-CNRP-CPP_March_08_2015132491924.pdf;
Law on Senate Election; https://www.nec.gov.kh/english/sites/default/files/law_of_senate_election.pdf
Law on the Election of Capital/Provincial, Municipality/District/Khan Councils;
Law on Elections of Commune Councils.
Verified: 2023/10/11
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections b . Regional elections c . Local elections
Comments:
Source: Law on the Election of the Members of the National Assembly: http://ngocedaw.org/wp-content/uploads/2014/10/tmp_11849-Draft-of-LEMNA-by-CNRP-CPP_March_08_2015132491924.pdf;
Law on Senate Election;
Law on the Election of Capital/Provincial, Municipality/District/Khan Councils;
Law on Elections of Commune Councils.
Verified: 2023/10/11
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments:
Source: Constitution, art. 34 (1): http://www.ccc.gov.kh/detail_info_en.php?_txtID=791
Verified: 2023/10/11
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
a . Judiciary b . EMB
Comments: The National Election Committee shall decide on all complaints relating to the election, except for complaints which fall under the jurisdiction of the courts.
The Constitutional Council has the right to examine and to decide on litigation related to the elections of the members of the National Assembly and the elections to the Senate.
Source: Constitution, art. 136 (2): http://www.ccc.gov.kh/english/CONSTITUTIONEng.pdf (2013);
Law on the Election of the Members of the National Assembly, arts. 113-114: http://ngocedaw.org/wp-content/uploads/2014/10/tmp_11849-Draft-of-LEMNA-by-CNRP-CPP_March_08_2015132491924.pdf
Verified: 2023/10/11
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
Comments:
Source: Law on the Organization and Functioning of the National Election Committee, art. 2: http://ngocedaw.org/wp-content/uploads/2014/10/tmp_11849-Draft-NEC-Law_Eng-337982827.pdf
Verified: 2018/08/15
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
d . A national government department f . Donors g . Other
Comments: The National Election Committee shall have an autonomous budget for its work.
A special account shall be established at the National Treasury, known as “Trust Fund Account for Election”, for the National Election Committee to administer in the conduct of the electoral work. The electoral Fund obtained from various contributions of the Royal Government, foreign governments, international organizations, charitable individuals, non-governmental organizations, and any other legitimate revenues shall be integrated into the national budget to be directly credited to this special account.
Source: Law on the Organization and Functioning of the National Election Committee, arts. 58-59: http://ngocedaw.org/wp-content/uploads/2014/10/tmp_11849-Draft-NEC-Law_Eng-337982827.pdf
Verified: 2018/08/15
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
c . The legislature d . A national government department
Comments: The National Election Committee shall have an autonomous budget for its work. The National Election Committee shall handle and use the budget for election with transparency, integrity, efficiency and effectiveness according to the Law on Public Financial System. Article 59._ A special account shall be established at the National Treasury, known as “Trust Fund Account for Election”, for the National Election Committee to administer in the conduct of the electoral work. The electoral Fund obtained from various contributions of the Royal Government, foreign governments, international organizations, charitable individuals, non-governmental organizations, and any other legitimate revenues shall be integrated into the national budget to be directly credited to this special account.
Source: Law on the Organization and Functioning of the National Election Committee, arts. 58-59: http://ngocedaw.org/wp-content/uploads/2014/10/tmp_11849-Draft-NEC-Law_Eng-337982827.pdf
Verified: 2013/03/15
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 Chairperson, vice-chairperson and members of the National Election Committee shall have a 05 (five) year term, which ends when the new National Assembly takes an office.
Source: Law on the Organization and Functioning of the National Election Committee, art. 7: http://ngocedaw.org/wp-content/uploads/2014/10/tmp_11849-Draft-NEC-Law_Eng-337982827.pdf
Verified: 2018/08/15
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments: The National Election Committee shall be independent and neutral in implementing its mandate to ensure the election is free, fair and just in accordance with the liberal, democratic, pluralistic principles. All members of the National Election Committee and members of election commissions at all levels shall be neutral and impartial in carrying out its work.
Source: Law on the Organization and Functioning of the National Election Committee, art. 3: http://ngocedaw.org/wp-content/uploads/2014/10/tmp_11849-Draft-NEC-Law_Eng-337982827.pdf
Verified: 2018/08/15
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
a . 1 - 10 members (specify)
Comments: The National Election Committee shall have the following composition:
- One (1) Khmer dignitary as Chairperson
- One (1) Khmer dignitary as Vice-Chairperson
- Seven (7) Khmer dignitaries as Members.
Source: Law on the Organization and Functioning of the National Election Committee, art. 4: http://ngocedaw.org/wp-content/uploads/2014/10/tmp_11849-Draft-NEC-Law_Eng-337982827.pdf
Verified: 2018/08/15
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
b . Expertise
Comments: Members of the National Election Committee shall be selected among Cambodian dignitaries of both sexes with the following qualifications:
- Must be Cambodian nationality by birth and hold only one citizenship while performing duties at the National Election Committee
- Aged at least 35 (thirty five) years old on the day of appointment - Eligible to vote
- Holding a degree in higher education
- At least 10 (ten) year experience
- Not a spouse or a relative by blood or relative by marriage through the third generation of the President or Vice-president of a political party competing in the elections.
Source: Law on the Organization and Functioning of the National Election Committee, art. 5: http://ngocedaw.org/wp-content/uploads/2014/10/tmp_11849-Draft-NEC-Law_Eng-337982827.pdf
Verified: 2018/08/15
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
a . Head of State c . Executive e . Legislature g . Political parties
Comments: Based on the membership selected above, the Permanent Committee of the National Assembly shall prepare a list of members of the National Election Committee and submit it to the National Assembly to vote in confidence based on the absolute majority of the total number of the members of the National Assembly.
The Chairperson, vice-chairperson and members of the National Election Committee shall be appointed by the Royal Decree at least 06 (six) months after the new National Assembly starts.
Source: Law on the Organization and Functioning of the National Election Committee, art. 6: http://ngocedaw.org/wp-content/uploads/2014/10/tmp_11849-Draft-NEC-Law_Eng-337982827.pdf
Verified: 2018/08/15
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
a . National Electoral Management Body g . NGOs/ Civic Organizations
Comments: The National Election Committee is in charge of:
Promoting the public awareness on electoral matters through voters education and public dissemination programs and by other means.
Source: Law on the Organization and Functioning of the National Election Committee, art. 42(22): http://ngocedaw.org/wp-content/uploads/2014/10/tmp_11849-Draft-NEC-Law_Eng-337982827.pdf
Verified: 2023/10/11
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
b . Election time only
Comments: The National Election Committee is in charge of:
Promoting the public awareness on electoral matters through voters education and public dissemination programs and by other means.
Source: Law on the Organization and Functioning of the National Election Committee, art. 42(22): http://ngocedaw.org/wp-content/uploads/2014/10/tmp_11849-Draft-NEC-Law_Eng-337982827.pdf
Verified: 2023/10/11
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
b . Yes, conducted by the National Electoral Management Body h . Yes, conducted by NGOs/ Civic Organizations
Comments: The National Election Committee is in charge of:
Promoting the public awareness on electoral matters through voters education and public dissemination programs and by other means.
Source: Law on the Organization and Functioning of the National Election Committee, art. 42(22): http://ngocedaw.org/wp-content/uploads/2014/10/tmp_11849-Draft-NEC-Law_Eng-337982827.pdf;
The Committee for Free and Fair Elections in Cambodia, 2013 National Assembly Final Assessment and Report, p 107-108: https://comfrel.org/english/2013-national-assembly-elections-final-assessment-and-report/
Verified: 2023/10/11
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments: Khmer citizens of both sexes, at least eighteen years old, have the right to vote.
Source: Constitution, art. 34 (2): http://www.ccc.gov.kh/detail_info_en.php?_txtID=791
Verified: 2023/10/11
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship
Comments: Khmer citizens of both sexes, at least eighteen years old, have the right to vote.
Source: Constitution, art. 34 (2): http://www.ccc.gov.kh/detail_info_en.php?_txtID=791;
Law on the Election of the Members of the National Assembly, art. 46: http://ngocedaw.org/wp-content/uploads/2014/10/tmp_11849-Draft-of-LEMNA-by-CNRP-CPP_March_08_2015132491924.pdf
Verified: 2023/10/11
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
d . Election Management Body (specify)
Comments: The National Election Committee
Source: Law on the Election of the Members of the National Assembly, arts. 44-45: http://ngocedaw.org/wp-content/uploads/2014/10/tmp_11849-Draft-of-LEMNA-by-CNRP-CPP_March_08_2015132491924.pdf
Verified: 2023/10/11
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
b . No
Comments: To be eligible to vote, every citizen must have his/her name in the voter lists.
Source: Law on the Election of the Members of the National Assembly, art. 50 46: http://ngocedaw.org/wp-content/uploads/2014/10/tmp_11849-Draft-of-LEMNA-by-CNRP-CPP_March_08_2015132491924.pdf
Verified: 2023/10/11
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
b . Deposit requirement (specify amount) e . Minimum number of candidates f . Other
Comments: To officially register the political party running for the election, a political party shall submit to the National Election Committee an application in a form approved by the National Election Committee, no later than seventy (70) days before polling day.
A list of candidates for the constituency shall have the same number of candidates as the number of determined seats for that constituency.
In addition, political parties shall pay a deposit of fifteen million (15,000,000) riels to the National Treasury. This deposit shall be returned to the political party concerned if it receives at least 3 % of the valid votes or it wins one seat in the National Assembly.
Source: Law on the Election of the Members of the National Assembly, art. 27: http://ngocedaw.org/wp-content/uploads/2014/10/tmp_11849-Draft-of-LEMNA-by-CNRP-CPP_March_08_2015132491924.pdf
Verified: 2023/10/11
PC002
Registration requirements for parties (Chamber 2)
Question: What are the registration requirements for political parties running for national elections (Chamber 2)?
Answer(s):
b . Deposit requirement (specify amount) e . Minimum number of candidates f . Other
Comments: Same than for the National Elections (Chamber 1)above.
Source: Article 16. of the Law on the Elections of the Members of Senate.
Verified: 2008/02/11
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age b . Citizenship c . Country of birth d . Residence f . Registration j . Other
Comments: A Khmer citizen who is eligible and wishes to stand as candidate in the election of members of the National Assembly shall meet the following requirements:
1. Be Khmer national from birth;
2. Be at least twenty-five (25) years of age on the date of election;
3. Be eligible to vote and registered in the voter list;
4. Have a residence in the Kingdom of Cambodia;
5. Be nominated by a registered political party running in the election.
Source: Constitution, arts. 34, 76: http://www.ccc.gov.kh/detail_info_en.php?_txtID=791 (2013);
Law on the Election of the Members of the National Assembly, art. 23: http://ngocedaw.org/wp-content/uploads/2014/10/tmp_11849-Draft-of-LEMNA-by-CNRP-CPP_March_08_2015132491924.pdf (2013)
Verified: 2023/10/11
PC004
Registration requirements for candidates (Chamber 2)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 2)?
Answer(s):
a . Age b . Citizenship d . Residence f . Registration j . Other
Comments: A Khmer citizen who is eligible and wishes to stand as candidate in the election of members of the Senate shall meet the following requirements:
1. Khmer national from birth;
2. At least forty (40) years of age on the date of election;
3. Eligible to vote and registered in the voting list;
4. Has a residence in the Kingdom of Cambodia;
5. Be nominated by a registered political party.
Source: Law on the Election of the Members of Senate, Chapter 4 on Senate Candidate, Article 17.
Verified: 2008/02/11
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
a . Neither in presidential nor legislative elections
Comments: Candidates to the National Assembly and the Senate must be nominated by a registered political party running in the election.
Source: Law on the Election of the Members of the National Assembly, art. 33: http://ngocedaw.org/wp-content/uploads/2014/10/tmp_11849-Draft-of-LEMNA-by-CNRP-CPP_March_08_2015132491924.pdf;
Law on Senate Election, art. 17
Verified: 2023/10/11
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
c . Indirect
Comments: Article 28: The State could allocate the national budget of equal amounts to all political parties, for a purpose of using only in the campaign for election of Representatives of the people (members of parliament). Any political party which fails to receive 3% (three per cent) of the total of valid ballots of the whole country or which fails to gain one (1) seat in the Parliament, shall, within a period of 3 months from the date of proclamation of the election final result, pay back such above allocated budget in full amount to the State.
Article 29: A political party shall be prohibited from receiving contributions in any form from state institutions, non-governmental organisations, associations, public enterprises, public foundations, public institutes except in those cases as stated in Article 28 of this law. 23 A political party shall be prohibited from receiving contributions in any form from foreign institutions, foreign companies, foreigners, or those organisations which has
foreign financing source.
Source: UN High Commissioner for Human Rights in Cambodia, A Human Rights Analysis of the Amended Law on Political Parties, arts. 28-29: https://cambodia.ohchr.org/sites/default/files/Analysis%20on%20the%20Amended%20Law%20on%20Political%20Parties%2028%2003%202017%20FINAL%20no%20TC.pdf;
Law on the Election of the Members of the National Assembly, arts. 81, 88: http://ngocedaw.org/wp-content/uploads/2014/10/tmp_11849-Draft-of-LEMNA-by-CNRP-CPP_March_08_2015132491924.pdf
Verified: 2023/10/11
PC015
Question: What is the basis of the public funding?
Answer(s):
g . Not applicable
Comments: Article 28: The State could allocate the national budget of equal amounts to all political parties, for a purpose of using only in the campaign for election of Representatives of the people (members of parliament). Any political party which fails to receive 3% (three per cent) of the total of valid ballots of the whole country or which fails to gain one (1) seat in the Parliament, shall, within a period of 3 months from the date of proclamation of the election final result, pay back such above allocated budget in full amount to the State.
Article 29: A political party shall be prohibited from receiving contributions in any form from state institutions, non-governmental organisations, associations, public enterprises, public foundations, public institutes except in those cases as stated in Article 28 of this law. 23 A political party shall be prohibited from receiving contributions in any form from foreign institutions, foreign companies, foreigners, or those organisations which has
foreign financing source.
Source: UN High Commissioner for Human Rights in Cambodia, A Human Rights Analysis of the Amended Law on Political Parties, arts. 28-29: https://cambodia.ohchr.org/sites/default/files/Analysis%20on%20the%20Amended%20Law%20on%20Political%20Parties%2028%2003%202017%20FINAL%20no%20TC.pdf;
Law on the Election of the Members of the National Assembly, art. 81: http://ngocedaw.org/wp-content/uploads/2014/10/tmp_11849-Draft-of-LEMNA-by-CNRP-CPP_March_08_2015132491924.pdf
Verified: 2023/10/11
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments: Shall be considered as finances of a political party, those incomes which are from:
1- Contributions or fixed levies from members;
2- Incomes of the political party which comes from lawful business activities;
3- State’s budget;
4- Donation from Khmer private enterprises or Khmer generous persons;
5- Political party’s own assets.
A political party shall be prohibited from receiving contributions in any form from foreign institutions, foreign companies, foreigners, or those organisations which has
foreign financing source.
Source: UN High Commissioner for Human Rights in Cambodia, A Human Rights Analysis of the Amended Law on Political Parties, art. 29: https://cambodia.ohchr.org/sites/default/files/Analysis%20on%20the%20Amended%20Law%20on%20Political%20Parties%2028%2003%202017%20FINAL%20no%20TC.pdf;
Law on the Election of the Members of the National Assembly, art. 81: http://ngocedaw.org/wp-content/uploads/2014/10/tmp_11849-Draft-of-LEMNA-by-CNRP-CPP_March_08_2015132491924.pdf
Verified: 2023/10/11
Vote Counting
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
a . The polling stations
Comments: The Polling Station Commission shall be responsible for the ballot counting. Before opening ballot box, the Chairperson shall invite members of the polling station, political party agents, and observers to check the seals, and then open the box in their presence.
Source: Law on the Election of the Members of the National Assembly, art. 116: http://ngocedaw.org/wp-content/uploads/2014/10/tmp_11849-Draft-of-LEMNA-by-CNRP-CPP_March_08_2015132491924.pdf
Verified: 2023/10/11
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
c . Automatically (triggered) recounted under certain conditions
Comments: Where the number of ballot papers in the ballot box differs with that of voters indicated, the Chairperson of the Polling Station Commission shall arrange a recount.
Source: Law on the Election of the Members of the National Assembly, art. 119: http://ngocedaw.org/wp-content/uploads/2014/10/tmp_11849-Draft-of-LEMNA-by-CNRP-CPP_March_08_2015132491924.pdf
Verified: 2023/10/11
Media and Elections
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
a . Equal regardless of size of party and previous performance
Comments: The National Election Committee shall take steps to publicize political messages at the request of a political party, which has been registered for running in the election, based on equal and orderly access to media.
Source: Law on the Election of the Members of the National Assembly, art. 75: http://ngocedaw.org/wp-content/uploads/2014/10/tmp_11849-Draft-of-LEMNA-by-CNRP-CPP_March_08_2015132491924.pdf
Verified: 2023/10/12
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
b . Yes, in legislative elections
Comments: The EU Election Observation Mission reported there were televised debates organized by the NDI.
Source: EU Election Observation Mission, Final Report on the 2008 National Assembly Elections in the Kingdom of Cambodia, p. 35, 36: http://eeas.europa.eu/eueom/pdf/missions/finalpreliminarystatement.pdf (2013);
National Democratic Institute, National Assembly Candidate Debates, p. 3, https://www.ndi.org/sites/default/files/cambodia-national-assembly-candidate-debates-110713.pdf
Verified: 2023/10/12
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
c . 4-5 days
Comments: All opinion polls and the publication of their results related to the electoral process shall cease seven (7) days before polling day and on polling day.
Source: Law on the Election of the Members of the National Assembly, art. 72: http://ngocedaw.org/wp-content/uploads/2014/10/tmp_11849-Draft-of-LEMNA-by-CNRP-CPP_March_08_2015132491924.pdf
Verified: 2023/10/12
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
b . No
Comments:
Source: Law on the Election of the Members of the National Assembly: http://ngocedaw.org/wp-content/uploads/2014/10/tmp_11849-Draft-of-LEMNA-by-CNRP-CPP_March_08_2015132491924.pdf;
Verified: 2023/10/12
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
b . No
Comments:
Source: Constitution: http://www.ccc.gov.kh/detail_info_en.php?_txtID=791
Verified: 2023/10/12
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
b . No
Comments:
Source: Constitution: http://www.ccc.gov.kh/detail_info_en.php?_txtID=791
Verified: 2023/10/12
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
b . No
Comments:
Source: Constitution: http://www.ccc.gov.kh/detail_info_en.php?_txtID=791
Verified: 2023/10/12
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
b . No
Comments:
Source: Constitution: http://www.ccc.gov.kh/detail_info_en.php?_txtID=791
Verified: 2023/10/12
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
b . No
Comments:
Source: Constitution: http://www.ccc.gov.kh/detail_info_en.php?_txtID=791
Verified: 2023/10/12
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments:
Source: Constitution: http://www.ccc.gov.kh/detail_info_en.php?_txtID=791
Verified: 2023/10/12
DD008
Question: What is the legal basis for the administrative requirements for mandatory referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD009
Question: What is the legal basis for the administrative requirements for optional referendums at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD010
Question: What is the legal basis for the administrative requirements for citizens' initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD100
Question: What restrictions, if any, are there in relation to signature collection for an agenda initiative?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2006/11/07
DD101
Question: What restrictions, if any, are there in relation to signature collection for a recall?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2006/11/07
DD102
Question: What form of checks are undertaken to verify signatures for a referendum?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2006/11/07
DD103
Question: What form of checks are undertaken to verify signatures for a citizens' initiative?
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2006/11/07
DD104
Question: What form of checks are undertaken to verify signatures for a recall?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2006/11/07
DD105
Question: Who is responsible for checking the signatures?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/11/07
DD106
Question: Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in a referendum?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2006/11/07
DD107
Question: Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in an initiative?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2006/11/07
DD108
Question: Which organisation(s), if any, is responsible for running non-partisan information or voter education campaigns to inform voters about the issue being addressed in a recall?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2006/11/07
DD109
Question: What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for a referendum?
Answer(s):
i . Not applicable
Comments:
Source:
Verified: 2006/11/07
DD011
Question: What is the legal basis for the administrative requirements for agenda initiatives at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD110
Question: What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for an initiative?
Answer(s):
i . Not applicable
Comments:
Source:
Verified: 2006/11/07
DD111
Question: What activities, if any, are undertaken as part of non-partisan information or voter education campaigns for a recall?
Answer(s):
i . Not applicable
Comments:
Source:
Verified: 2006/11/07
DD112
Question: Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in a referendum?
Answer(s):
h . Not applicable
Comments:
Source:
Verified: 2006/11/07
DD113
Question: Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in an initiative?
Answer(s):
h . Not applicable
Comments:
Source:
Verified: 2006/11/07
DD114
Question: Which of the following controls, if any, apply in relation to campaigning for or against the issue being addressed in a recall?
Answer(s):
h . Not applicable
Comments:
Source:
Verified: 2006/11/07
DD115
Question: What is the period during which these controls apply for a referendum?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2006/11/07
DD116
Question: What is the period during which these controls apply for an initiative?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2006/11/07
DD117
Question: What is the period during which these controls apply for a recall?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2006/11/07
DD118
Question: Which campaigners, if any, are entitled to some forms of public assistance for a referendum? Specify in the "Comments" section below.
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2006/11/07
DD119
Question: Which campaigners, if any, are entitled to some forms of public assistance for an initiative? Specify in the "Comments" section below.
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2006/11/07
DD012
Question: What is the legal basis for the administrative requirements for recalls at the national level? Tick as appropriate and specify the relevant constitutional, legal or regulatory provisions below.
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD120
Question: Which campaigners, if any, are entitled to some forms of public assistance for a recall? Specify in the "Comments" section below.
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2006/11/07
DD121
Question: Which forms of public assistance, if any, are provided for a referendum? Specify in the "Comments" section below.
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2006/11/07
DD122
Question: Which forms of public assistance, if any, are provided for an initiative? Specify in the "Comments" section below.
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2006/11/07
DD123
Question: Which forms of public assistance, if any, are provided for a recall? Specify in the "Comments" section below.
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2006/11/07
DD015
Question: Who is responsible for managing the administration of direct democracy mechanisms at the national level?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD016
Question: Does this agency/department also manage the administration of national elections?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD017
Question: Are mandatory referendums currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2006/11/06
DD018
Question: Are optional referendums currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2006/11/06
DD019
Question: Are citizens' initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2006/11/06
DD020
Question: Are agenda initiatives currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2006/11/06
DD021
Question: Are recalls currently possible at first tier (regions/states/provinces, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2006/11/06
DD022
Question: Are mandatory referendums currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2006/11/06
DD023
Question: Are optional referendums currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2006/11/06
DD024
Question: Are citizens' initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2006/11/06
DD025
Question: Are agenda initiatives currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2006/11/06
DD026
Question: Are recalls currently possible at local (municipalities/districts/communes, etc) authority level?
Answer:
c . No
Comments:
Source:
Verified: 2006/11/06
DD027
Question: What are the issues, if any, in relation to which referendums are mandatory at the national level?
Answer(s):
l . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD028
Question: What are the issues, if any, in relation to which referendums are optional at the national level?
Answer(s):
l . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD029
Question: Which issues, if any, are excluded from being the subject of referendums at the national level?
Answer(s):
l . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD030
Question: Which issues, if any, maybe the subject of sub-national referendums regulated at the national level?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD031
Question: Who can initiate a referendum at the national level?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD032
Question: Who is responsible for drafting the mandatory referendum question?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD033
Question: Who is responsible for drafting the optional referendum question?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD034
Question: Which of the following, if any, are required to be included in the mandatory referendum question?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD035
Question: Which of the following, if any, are required to be included in the optional referendum question?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD036
Question: Which institution(s) decides on the final form of the ballot text for mandatory referendums?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD037
Question: Which institution(s) decides on the final form of the ballot text for optional referendums?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD040
Question: What are the requirements for mandatory referendums to pass?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD041
Question: What are the requirements for optional referendums to pass?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD042
Question: In which areas, if any, do regulatory provisions differ between a referendum and a national election? Tick all that apply and specify below in the comments section.
Answer(s):
h . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD043
Question: When is the outcome of a mandatory referendum binding?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD044
Question: When is the outcome of an optional referendum binding?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD045
Question: Which types of issues can be proposed by citizens using the citizens' initiative process at the national level?
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD046
Question: Which types of issues can be proposed by citizens using the agenda initiative process at the national level?
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD047
Question: Which issues, if any, are excluded from being the subject of a citizens' initiative at the national level?
Answer(s):
l . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD048
Question: Which issues, if any, are excluded from being the subject of an agenda initiative at the national level?
Answer(s):
l . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD049
Question: Who may propose the registration of a citizens' initiative? Please specify in the "Comments" section below.
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD050
Question: Who may propose the registration of an agenda initiative? Please specify in the "Comments" section below.
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD051
Question: What material is necessary to accompany an application for registration?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD052
Question: Who determines the title of a citizens' initiative?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD053
Question: Who determines the title of an agenda initiative?
Answer:
f . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD054
Question: Which, if any, of the following disqualify a proposed title of an initiative?
Answer(s):
h . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD055
Question: Which services are provided by the agency/department responsible for the administration of direct democracy mechanisms before an initiative can be published?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD056
Question: Under what circumstances is an initiative checked for constitutionality or legality?
Answer(s):
d . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD058
Question: If a check of the constitutionality or legality of an initiative takes place, when does this happen?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD059
Question: Which institutions, if any, are given an opportunity to propose an alternative to proposals contained in a citizens' initiative?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD060
Question: At which stage in the initiative process, if at all, can alternative proposals be made?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD061
Question: What happens when there is a valid alternative proposal?
Answer:
e . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD062
Question: When an initiative proposal and an alternative proposal are put to the vote on the same day, what choices does the voter have?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD063
Question: Who decides the final ballot text?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD064
Question: Once an initiative is qualified for the ballot, the vote on it takes place:
Answer:
d . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD065
Question: Which of the following individuals/positions may be subject to the recall mechanism?
Answer(s):
k . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD066
Question: What are the grounds upon which a recall may be launched?
Answer(s):
g . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD068
Question: If a recall qualifies for the ballot, when is it put to the vote?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD069
Question: When does the election to replace an individual who has been recalled take place?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD071
Question: Can an individual who is the subject of a recall stand on the ballot for his/her own replacement?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD076
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for an abrogative referendum (optional) has been published?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD077
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for a rejective referendum (optional) has been published?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD078
Question: What is the deadline, if any, for collecting the required number of signatures after a proposal for a citizens' initiative has been published?
Answer:
c . Not applicable
Comments:
Source:
Verified: 2006/11/06
DD094
Question: What information must signatories provide when signing the proposal for a citizens' initiative?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/11/07
DD095
Question: What information must signatories provide when signing the proposal for an agenda initiative?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/11/07
DD096
Question: What information must signatories provide when signing the proposal for a recall?
Answer(s):
e . Not applicable
Comments:
Source:
Verified: 2006/11/07
DD097
Question: What restrictions, if any, are there in relation to signature collection for an abrogative referendum (optional)?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2006/11/07
DD098
Question: What restrictions, if any, are there in relation to signature collection for a rejective referendum (optional)?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2006/11/07
DD099
Question: What restrictions, if any, are there in relation to signature collection for a citizens' initiative?
Answer(s):
f . Not applicable
Comments:
Source:
Verified: 2006/11/07
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
e . Not applicable
Comments:
Source: Constitution: http://www.ccc.gov.kh/detail_info_en.php?_txtID=791
Verified: 2023/10/12
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
e . Not applicable
Comments:
Source: Constitution: http://www.ccc.gov.kh/detail_info_en.php?_txtID=791
Verified: 2023/10/12
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
b . No
Comments:
Source: Constitution: http://www.ccc.gov.kh/detail_info_en.php?_txtID=791
Verified: 2023/10/12
DD132
Year of introducing Direct Democracy
Question: What year were the first Direct Democracy mechanisms introduced to the legal framework?
Answer:
i . Not applicable
Comments: No article in the Cambodian constitution, law or other regulation regulates referendums or initiatives.There seems as there are no provisions available in legislation, at least not in the constitution. If there are no provisions in the legislation, referendums that have been held so far has had no legal base.
Source: "Direct Democracy: The International IDEA Handbook", (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Verified: 2009/08/25
DD133
Question: What year was the first referendum/initiative held?
Answer:
d . 1941-1960
Comments: 1945, but may have been without legal base.
Source: "Direct Democracy: The International IDEA Handbook", (2008) (http://www.idea.int/publications/direct_democracy/index.cfm)
Verified: 2009/08/25
Voting Operations
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
a . At a specified polling station in the locality where they are registered at national elections
Comments: To be eligible to vote, every citizen must have his/her name in the list of voters and must have documents to certify his/her identity during the election.
Source: Law on the Election of the Members of the National Assembly, arts. 38-39, 44: http://ngocedaw.org/wp-content/uploads/2014/10/tmp_11849-Draft-of-LEMNA-by-CNRP-CPP_March_08_2015132491924.pdf
Verified: 2023/10/12
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
a . Outside the country voting is not permitted
Comments: Voter is allowed to vote where he/she registered with his/her present.
Source: Law on the Election of the Members of the National Assembly, art. 93: http://ngocedaw.org/wp-content/uploads/2014/10/tmp_11849-Draft-of-LEMNA-by-CNRP-CPP_March_08_2015132491924.pdf
For Overseas Khmer Citizens, Voting Requires a Costly Trip Home (2023) https://cambojanews.com/for-overseas-khmer-citizens-voting-requires-a-costly-trip-home/
Verified: 2023/10/12
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
h . Not applicable
Comments:
Source: Law on the Election of the Members of the National Assembly, art. 93: http://ngocedaw.org/wp-content/uploads/2014/10/tmp_11849-Draft-of-LEMNA-by-CNRP-CPP_March_08_2015132491924.pdf
Verified: 2023/10/12
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots
Comments:
Source: Law on the Election of the Members of the National Assembly, arts. 102, 105: http://ngocedaw.org/wp-content/uploads/2014/10/tmp_11849-Draft-of-LEMNA-by-CNRP-CPP_March_08_2015132491924.pdf
Verified: 2023/10/12
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