Info
Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments: For the purpose of the implementation of the present law, the country should be
divided into electoral districts based on the population density and geographical
area. A separate law, to be issued within two weeks from publication of the present
law, shall define the electoral districts. 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
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
b . Respecting natural barriers c . Compactness of constituencies g . Other
Comments: For the purpose of the implementation of the present law, the country should be
divided into electoral districts based on the population density and geographical
area.
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
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
e . Electoral Management Body (EMB)
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
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
d . Indirectly elected by legislature h . Other
Comments: The National Transitional Council shall elect its president as well as the first and second vice- president. If one of these posts becomes vacant, the Council shall provide for the replacement. The election shall take place in all these cases by a relative majority of the members present. In case of a tied vote, the successful candidate shall be designated by the President.
Source: The Constitutional Declaration (Transitional National Council of Libya), Art. 18 & 30: https://www.constituteproject.org/constitution/Libya_2011
Verified: 2024/11/25
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
c . Indirectly elected by legislature/chosen by parliament
Comments: The National Transitional Council shall appoint an executive board or interim government composed of a president and a sufficient number of members for the management of the different sectors of the country.
The General National Congress shall do the following within a period not exceeding thirty days since its first meeting:
Designate a Prime Minister who in turn shall propose the names of the members of his government, provided that they obtain the confidence of the National General Congress before they start working as members of the interim government. The Congress shall also proceed to the designation of the heads of sovereign functions.
Source: The Constitutional Declaration (Transitional National Council of Libya), Art. 24 & 30: https://www.constituteproject.org/constitution/Libya_2011
Verified: 2024/11/25
ES003
President
Question: Does the country have a president?
Answer:
b . No
Comments: Before the liberation the National Transitional Council shall be complete as approved by the latter. It shall represent the highest authority of the Libyan state and be responsible for running the country until the election of the General National Congress.
After the declaration of liberation, the National Transitional Council shall take its principal seat in Tripoli. It shall establish an interim government within a period not exceeding thirty days, within a total period of not more than ninety days since the declaration of liberation. The Council shall do the following:
Adopt a statute providing for the election of the National General Congress.
Appoint the National High Commission on Elections.
Convoke the elections for the National General Congress.
Source: The Constitutional Declaration (Transitional National Council of Libya), Art. 18 & 30: https://www.constituteproject.org/constitution/Libya_2011
Verified: 2024/11/25
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
a . One chamber
Comments: The National Transitional Council shall be the highest authority of the Libyan state and assume the supreme functions of sovereignty, including legislation and determination of general policy of the State. It shall be the sole legitimate representative of the Libyan people which draws its legitimacy from the revolution of February 17th. It shall be the guarantor of national unity, the security of the national territory, the definition of values and morals and their dissemination, the safety of the citizens and residents, the ratification of international treaties and the establishment of the basis of the civil constitutional and democratic state.
Source: The Constitutional Declaration (Transitional National Council of Libya), Art. 17 & 30: https://www.constituteproject.org/constitution/Libya_2011
Verified: 2024/11/25
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
e . Parallel (Segmented) (PR Lists and Majoritarian constituencies)
Comments: The General National Congress consists of 200 members, 80 of which are elected through a closed-list proportional representation system and 120 elected by plurality vote in single-member constituencies and Single Non Transferable Vote in multi-member constituencies.
Source: Law No. 4 on the Election of the General National Congress, Art. 6 & 7. (Transitional National 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
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: Law No. 4 on the Election of the General National Congress. The Constitutional Declaration. (Transitional National Council of Libya).
Source: Law No. 4 on the Election of the General National Congress: (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
The Constitutional Declaration, Art. 30 (National Transitional Council of Libya): https://www.constituteproject.org/constitution/Libya_2011
Verified: 2024/11/25
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections d . Referendums
Comments: The General National Congress shall do the following within a period not exceeding thirty days since its first meeting:
Choose a constitutive body for the formulation of a draft constitution called the committee for the elaboration of the constitution which shall present a draft constitution to the Congress within a period not exceeding sixty days following its first meeting. The draft constitution shall be approved by the National General Congress and be submitted to a yes-or-no referendum within thirty days following its adoption by Congress. If the Libyan people approve the constitution by a two-thirds-majority of voters, the committee shall certify the text as the constitution of the country and it shall be promulgated by Congress.
Source: Law No. 4 on the Election of the General National Congress (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
The Constitutional Declaration, Art. 30 (National Transitional Council of Libya): https://www.constituteproject.org/constitution/Libya_2011
Verified: 2024/11/25
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments: No provisions for compulsory voting.
Source: The Constitutional Declaration (National Transitional Council of Libya); https://www.constituteproject.org/constitution/Libya_2011
Law No. 4 on the Election of the General National Congress (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
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
a . Judiciary
Comments: All concerned are entitled to appeal any stage of the election process, within 48 hours from the date of occurrence of the issue subject of the appeal. Appeal legal fees are exempted.
Source: Law No. 4 on the Election of the General National Congress (National Transitional Council of Libya), Art. 31: (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
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
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
Comments: In accordance with the provisions of this law, the HNEC shall be considered the sole entity in charge of preparing, conducting and monitoring the elections of the General National Congress (GNC) and announcing the results thereof based on the electoral process rules and principles prescribed by the Election Law. For this purpose, the HNEC may:
Raise citizens’ awareness of the importance of elections, explain the same, encourage citizens to participate, and law down the guidelines of the electoral process in order to ensure the success thereof and the enforcement of the Election Law.
Source: Law No. 3 on the Establishment of the High National Elections Commission (HNEC), Art. 3 (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
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
d . No information available
Comments: No provisions on how regularly voter education programs must be conducted.
Source: Law No. 3 on the Establishment of the High National Election Commission (HNEC) (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/
Law No. 4 on the Election of the General National Congress (2012). (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
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
m . No information available
Comments:
Source: Law No. 3 on the Establishment of the High National Election Commission (HNEC) (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/
Law No. 4 on the Election of the General National Congress (2012). (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
The Constitutional Declaration (Transitional National Council of Libya): http://aceproject.org/ero-en/regions/africa/LY/libya-draft-interim-constitutional-charter/view
Verified: 2024/11/25
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments: For a person to be included in the voter register, he must:
ii. have completed 18 years old, by the time of registration.
Source: Voter Registration Regulation for the Elections of the Council of Representatives, Attached to the Decision of the Board of Commission No. (49) 2014, Article 3(ii): http://aceproject.org/ero-en/regions/africa/LY/libya-voter-registration-regulation-for-the/view
Verified: 2024/11/25
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 e . Other
Comments: For a person to be included in the voter register, he must:
i. be Libyan and legally eligible.
ii. have completed 18 years old, by the time of registration.
iii. hold a national number, and his name must be enlisted in the system of the
national number
Source: Voter Registration Regulation for the Elections of the Council of Representatives, Attached to the Decision of the Board of Commission No. (49) 2014, Article 3(i & iii):http://aceproject.org/ero-en/regions/africa/LY/libya-voter-registration-regulation-for-the/view
Verified: 2024/11/25
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 High National Election Commission.
Source: Voter Registration Regulation for the Elections of the Council of Representatives, Attached to the Decision of the Board of Commission No. (49) 2014, Article 2: http://aceproject.org/ero-en/regions/africa/LY/libya-voter-registration-regulation-for-the/view
Verified: 2024/11/25
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
a . Yes
Comments:
Source: Voter Registration Regulation for the Elections of the Council of Representatives, Attached to the Decision of the Board of Commission No. (49) 2014, Article 1(1&2): http://aceproject.org/ero-en/regions/africa/LY/libya-voter-registration-regulation-for-the/view
Verified: 2024/11/25
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):
e . Minimum number of candidates f . Other
Comments: Political Party Candidate List can be presented in a proportional representation system for a multi-seat electrical district.
Candidates are listed based on gender rotation, both horizontal and vertical. Lists do not respect the said listing are rejected. Guidance models of lists and candidate listings will be issued by the Commission.
Candidate lists of political parties are presented within dates specified by the Commission. The lists must include at least half the number of the seats in the electoral district and not exceed the seats allocated to that electoral district. The commission should ensure eligibility if candidates and may, if deemed necessary, request clarifications and documents from the candidates or the political entities.
Source: Law No. 4 on the Election of the General National Congress, Art. 14-16. (National Transitional Council on 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
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 f . Registration h . Minimum level of education i . Minimum level of literacy
Comments: Requirements include:
1. A person who has completed the age of (25) by the day of submission
2. A holder of university grade or an equivalent.
3. A person who is not a member of the Higher National Election Commission: member
of its Board, central administration, local committees, nor the polling centers.
4. A person who has never been convicted for criminal or immoral offence, he is
rehabilitated.
5. A person who has been recommended by one hundreds voters from his
constituency.
6. In a position where he has deposited at the account of the Commission , a nonrefundable
amount of five hundred Dinar.
7. A person who meets the criteria of holding public positions.
Source: Libya: Regulation of Candidates' Nomination for the Council of Representatives, Annexed to the Decision of the Board of Commissioners No. (50) 2014, Articles 5-7: http://aceproject.org/ero-en/regions/africa/LY/Libya-Regulation-of-Candidates-Nomination-for-the/view
Verified: 2024/11/25
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
c . In legislative elections (Chamber 1)
Comments: Requirements include:
1. A person who has completed the age of (25) by the day of submission
2. A holder of university grade or an equivalent.
3. A person who is not a member of the Higher National Election Commission: member
of its Board, central administration, local committees, nor the polling centers.
4. A person who has never been convicted for criminal or immoral offence, he is
rehabilitated.
5. A person who has been recommended by one hundreds voters from his
constituency.
6. In a position where he has deposited at the account of the Commission , a nonrefundable
amount of five hundred Dinar.
7. A person who meets the criteria of holding public positions.
Source: Libya: Regulation of Candidates' Nomination for the Council of Representatives, Annexed to the Decision of the Board of Commissioners No. (50) 2014, Articles 5-7: http://aceproject.org/ero-en/regions/africa/LY/Libya-Regulation-of-Candidates-Nomination-for-the/view
Verified: 2024/11/25
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
a . No e . No information available
Comments:
Source: Law No. 4 on the Election of the General National Congress. (National Transitional Council on 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
PC015
Question: What is the basis of the public funding?
Answer(s):
f . No information available
Comments:
Source: Law No. 4 on the Election of the General National Congress. (National Transitional Council on 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
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments: Candidates may accept financial donations from national natural or legal persons. However, it is not permitted to receive any support or fund from any other state or international authority or accept funds from illegal sources.
Financing the electoral campaign through public funds or budgets allocated for ministries, institutions,
government corporations or bodies is prohibited.
Source: Regulation on Electoral Campaigning for the Election of the Council of Representatives Annexed to Board of Commission Decision No. (51) 2014, Articles 9 & 10: http://aceproject.org/ero-en/regions/africa/LY/libya-regulation-on-electoral-campaigning-for-the/view.
Verified: 2024/11/25
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: Immediately after the announcement of voting completion, vote sorting and counting process is started at the ballot station at the presence of chairman and members of the ballot station, candidate representatives and observers.
Source: Law No. 4 on the Election of the General National Congress, Art. 26 & 27. (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
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
e . Court order
Comments: Article 31
All concerned are entitled to appeal any stage of the election process, within 48 hours from the date of occurrence of the issue subject of the appeal. Appeal legal fees are exempted.
Article 32
Judge for urgent matters of a first-degree court, where the polling station is located within court jurisdiction, shall be responsible for hearing all appeals of the entire electoral process. Judge ruling may be appealed in front of the Chairman of the same first-degree court, within 5 days. Court chairman ruling is final and abiding for the Commission. In all cases, civic and commercial arbitration procedure law shall apply, unless otherwise is explicitly provisioned herein.
Source: Law No. 4 on the Election of the General National Congress, Art. 31 & 32.(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
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: Candidates, approved by the HNEC, will get free airtime periods to present their political programs during broadcasting the electoral programs, in both public TV and radio channels.
The commission organizes the audio, visual and printed public media for the electoral campaign of al
candidates, equally.
Source: Regulation on the Electoral Campaign of Candidates for the Council of Representatives in the Transitions, in the Public and the Private and the Private Media, attached with the Decision of the Commission No. (52) 2014, Article 9: http://aceproject.org/ero-en/regions/africa/LY/libya-regulation-on-the-electoral-campaign-of/view
Regulation on Electoral Campaigning for the Election of the Council of Representatives Annexed to Board of Commission Decision No. (51) 2014, Article 22: http://aceproject.org/ero-en/regions/africa/LY/libya-regulation-on-electoral-campaigning-for-the/view
Verified: 2024/11/25
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
d . No information available
Comments:
Source:
Verified: 2024/11/25
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:
a . 1 day
Comments: The electoral campaign period shall end 24 hours prior to the time decided for opening polling centers, when all campaigning activities end. Candidates, agents and supporters are not allowed to proceed with the electoral campaign following the end of the electoral campaign.
Source: Regulation on Electoral Campaigning for the Election of the Council of Representatives Annexed to Board of Commission Decision No. (51) 2014, Article 7: http://aceproject.org/ero-en/regions/africa/LY/libya-regulation-on-electoral-campaigning-for-the/view
Verified: 2024/11/25
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
a . Yes
Comments: All Libyan citizens or organizations may contribute up to the ceiling of the spending limit assigned to the
candidate contesting the election in each electoral center. Candidates may use private resources in their
electoral campaigns, provided they are subjected to financial disclosure and reporting regulations.
Following the announcement of the preliminary lists of candidates, the Commission shall determine the
campaign expenditure ceiling for each electoral center respectively. This shall be announced on all
available mass media. In the course of spending on their campaigns, all candidates shall commit to not
spending beyond the limit, determined for the electoral centers where they are registered.
Source: Regulation on Electoral Campaigning for the Election of the Council of Representatives Annexed to Board of Commission Decision No. (51) 2014, Article 13 & 15: http://aceproject.org/ero-en/regions/africa/LY/libya-regulation-on-electoral-campaigning-for-the/view
Verified: 2024/11/25
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments: The permanent Constitution of the new state must be approved through a referendum.
Source: The Constitutional Declaration, Art. 28. (National Transitional Council of Libya): https://www.constituteproject.org/constitution/Libya_2011
Verified: 2024/11/25
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
a . Yes
Comments: The permanent Constitution of the new state must be approved through a referendum.
Source: The Constitutional Declaration, Art. 28. (National Transitional Council of Libya): https://www.constituteproject.org/constitution/Libya_2011
Verified: 2024/11/25
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
b . No
Comments: Choose a constitutive body for the formulation of a draft constitution called the committee for the elaboration of the constitution which shall present a draft constitution to the Congress within a period not exceeding sixty days following its first meeting. The draft constitution shall be approved by the National General Congress and be submitted to a yes-or-no referendum within thirty days following its adoption by Congress. If the Libyan people approve the constitution by a two-thirds-majority of voters, the committee shall certify the text as the constitution of the country and it shall be promulgated by Congress.
Source: The Constitutional Declaration, Art. 30. (National Transitional Council of Libya): https://www.constituteproject.org/constitution/Libya_2011
Verified: 2024/11/25
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
b . No
Comments: Choose a constitutive body for the formulation of a draft constitution called the committee for the elaboration of the constitution which shall present a draft constitution to the Congress within a period not exceeding sixty days following its first meeting. The draft constitution shall be approved by the National General Congress and be submitted to a yes-or-no referendum within thirty days following its adoption by Congress. If the Libyan people approve the constitution by a two-thirds-majority of voters, the committee shall certify the text as the constitution of the country and it shall be promulgated by Congress.
Source: The Constitutional Declaration, Art. 30. (National Transitional Council of Libya): https://www.constituteproject.org/constitution/Libya_2011
Verified: 2024/11/25
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
b . No
Comments:
Source: The Constitutional Declaration, Art. 30. (National Transitional Council of Libya): https://www.constituteproject.org/constitution/Libya_2011
Verified: 2024/11/25
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments:
Source: The Constitutional Declaration, Art. 30. (National Transitional Council of Libya): https://www.constituteproject.org/constitution/Libya_2011
Verified: 2024/11/25
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
a . Always binding
Comments:
Source: The Constitutional Declaration, Art. 30. (National Transitional Council of Libya): https://www.constituteproject.org/constitution/Libya_2011
Verified: 2024/11/25
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:
a . Constitutional changes only
Comments: The draft constitution shall be approved by the National General Congress and be submitted to a yes-or-no referendum within thirty days following its adoption by Congress. If the Libyan people approve the constitution by a two-thirds-majority of voters, the committee shall certify the text as the constitution of the country and it shall be promulgated by Congress.
Source: The Constitutional Declaration, Art. 30. (National Transitional Council of Libya): https://www.constituteproject.org/constitution/Libya_2011
Verified: 2024/11/25
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
c . No information available
Comments:
Source:
Verified: 2024/11/25
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:
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
VO004
Voting outside the country is permitted for
Question: Who can vote from outside the country?
Answer(s):
b . Citizens residing outside the country
Comments: The Commission will set dates and special procedures for voting system to the Libyan lives abroad, where the Commission deems it possible, logistically and security wise, to carry out such elections.
Source: Law No. 4 on the Election of the General National Congress, Art. 4 and 29. (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
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
f . Other
Comments:
Source: Law No. 4 on the Election of the General National Congress, Art. 29. (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
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots g . Other
Comments: Voting is carried out in complete secrecy. Voters cast votes in ballot boxes designated for majority or proportional representation. Voters with special needs, unable of marking vote on ballot card, may do so in oral. Illiterate voters be accompanied by assistant, provided that approval of the chairman of electoral center is granted.
Source: Law No. 4 on the Election of the General National Congress, Art. 28. (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
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