Info
Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments:
Source: Constitution, art. 70: http://www.ceni-madagascar.mg/dossier/constitution.pdf (2013);
Organic Law No. 2012-016 regulating legislative elections, art. 2: http://www.ceni-madagascar.mg/dossier/loi%20_n-2012-016_%20elect_%20legis.pdf (2013)
Verified: 2013/02/07
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
i . No information available
Comments: The electoral constituencies are delimited by decree of the Council of Ministers. The law does not provide with any specific criteria for boundary delimitation.
Source: Constitution, art. 70: http://www.ceni-madagascar.mg/dossier/constitution.pdf (2013);
Organic Law No. 2012-016 regulating legislative elections, art. 2: http://www.ceni-madagascar.mg/dossier/loi%20_n-2012-016_%20elect_%20legis.pdf (2013)
Verified: 2013/02/07
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
c . Executive
Comments: The electoral constituencies are delimited by decree of the Council of Ministers.
Source: Constitution, art. 70: http://www.ceni-madagascar.mg/dossier/constitution.pdf (2013)
Verified: 2013/02/07
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
c . Directly elected in general elections (absolute majority with 2nd round if necessary)
Comments: The President is Head of State and is directly elected by universal, direct suffrage for a five year term. The election shall be by a majority of the votes on the first ballot. If this is not obtained, the President of the Republic shall be elected on the second ballot by plurality of one of the two candidates having received the greatest number of votes on the first ballot.
Source: Constitution, art. 44 - 47: http://www.ceni-madagascar.mg/dossier/constitution.pdf (2013);
Organic Law No. 2012-015 regulating presidential elections: http://www.ceni-madagascar.mg/dossier/loi%20_n-2012-015_elect_%20pres.pdf (2013)
Verified: 2013/02/07
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
e . Appointed
Comments: The Prime Minister is the Head of Government. He/she is selected by the party or coalition that has the majority in the National Assembly and is appointed by the President.
Source: Constitution, art. 54, 63, 65: http://www.ceni-madagascar.mg/dossier/constitution.pdf (2013)
Verified: 2013/02/07
ES003
President
Question: Does the country have a president?
Answer:
a . Yes
Comments:
Source: Constitution, art. 44 - 62: http://www.ceni-madagascar.mg/dossier/constitution.pdf (2013)
Verified: 2013/02/07
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
b . Two chambers
Comments: Madagascar has a bicameral parliament consisting of a National Assembly and a Senate, each with a term of four years.
Source: Constitution, art. 68: http://www.ceni-madagascar.mg/dossier/constitution.pdf (2013)
Verified: 2013/02/07
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: Deputies are elected by FPTP in single-member constituencies and list proportional representation in multi-member constituencies.
Source: Organic Law No. 2012-016 regulating legislative elections, art. 2: http://www.ceni-madagascar.mg/dossier/loi%20_n-2012-016_%20elect_%20legis.pdf (2013)
Verified: 2013/02/07
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
b . Separate legislation c . Decree
Comments:
Source: Organic Law No. 2012-016 regulating legislative elections: http://www.ceni-madagascar.mg/dossier/loi%20_n-2012-016_%20elect_%20legis.pdf (2013);
Organic Law No. 2012-015 regulating presidential elections: http://www.ceni-madagascar.mg/dossier/loi%20_n-2012-015_elect_%20pres.pdf (2013);
Organic Law n° 2012-005 on the Electoral Code: http://mdm-national.mg/bureau/textes-reglementaires/textes-reglementaires/ (2013)
Verified: 2013/02/08
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections b . Regional elections c . Local elections d . Referendums
Comments:
Source: Organic Law n° 2012-005 on the Electoral Code, art. 1: http://mdm-national.mg/bureau/textes-reglementaires/textes-reglementaires/ (2013)
Verified: 2013/02/08
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments:
Source: Organic Law n° 2012-005 on the Electoral Code, art. 3: http://mdm-national.mg/bureau/textes-reglementaires/textes-reglementaires/ (2013);
Constitution, art. 5 (1): http://www.ceni-madagascar.mg/dossier/constitution.pdf (2013)
Verified: 2013/02/08
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: The Supreme Constitutional Court
Source: Organic Law n° 2012-005 on the Electoral Code, art. 131: http://mdm-national.mg/bureau/textes-reglementaires/textes-reglementaires/ (2013);
Constitution, art. 116 (4): http://www.ceni-madagascar.mg/dossier/constitution.pdf (2013)
Verified: 2013/02/08
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: Organic Law n° 2012-005 on the Electoral Code, art. 128: http://mdm-national.mg/bureau/textes-reglementaires/textes-reglementaires/ (2013);
Constitution, art. 5 (2): http://www.ceni-madagascar.mg/dossier/constitution.pdf (2013);
Law n° 2012-004 establishing the Independent National Electoral Commission for the Transition, art. 2: http://www.ceni-madagascar.mg/dossier/Loi_2012-004_CENIT.pdf (2013)
Verified: 2013/02/08
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
c . The legislature f . Donors g . Other
Comments: Funding of the CENI's work comes from general appropriations in the national budget based on annual draft budgets submitted by the CENI as well as special allocations for a specific election and, if necessary, funds from other sources, including foreign States and international organizations.
Source: Law n° 2012-004 establishing the Independent National Electoral Commission for the Transition, art. 51 (2): http://www.ceni-madagascar.mg/dossier/Loi_2012-004_CENIT.pdf (2013)
Verified: 2013/02/08
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
e . Another organ within the national government g . Other
Comments: A civil servant of the Ministry of Finance controls the management of the funding coming from the general state budget. The expenditures coming form other sources are subject to a separate audit control in coordination with the donors. Furthermore, the CENI-T shall present to the Court of Auditors an account report at the end of its term.
Source: Law n° 2012-004 establishing the Independent National Electoral Commission for the Transition, art. 51 (3, 5, 6): http://www.ceni-madagascar.mg/dossier/Loi_2012-004_CENIT.pdf (2013)
Verified: 2013/02/08
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 mandate of the CENI-T members will last until the end of the Transitional period.
Source: Law n° 2012-004 establishing the Independent National Electoral Commission for the Transition, art. 32 (1): http://www.ceni-madagascar.mg/dossier/Loi_2012-004_CENIT.pdf (2013)
Verified: 2013/02/08
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments:
Source: Organic Law n° 2012-005 on the Electoral Code, art. 128: http://mdm-national.mg/bureau/textes-reglementaires/textes-reglementaires/ (2013);
Constitution, art. 5 (2): http://www.ceni-madagascar.mg/dossier/constitution.pdf (2013);
Law n° 2012-004 establishing the Independent National Electoral Commission for the Transition, art. 2: http://www.ceni-madagascar.mg/dossier/Loi_2012-004_CENIT.pdf (2013)
Verified: 2013/02/08
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
c . 21 - 30 members (specify)
Comments: The CENI-T is composed of 24 members.
Source: Law n° 2012-004 establishing the Independent National Electoral Commission for the Transition, art. 20: http://www.ceni-madagascar.mg/dossier/Loi_2012-004_CENIT.pdf (2013)
Verified: 2013/02/08
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
c . Combination of partisanship and expertise
Comments:
Source: Law n° 2012-004 establishing the Independent National Electoral Commission for the Transition, art. 20, 21, 22: http://www.ceni-madagascar.mg/dossier/Loi_2012-004_CENIT.pdf (2013)
Verified: 2013/02/08
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
c . Executive f . Judiciary g . Political parties h . Civil society i . Other
Comments: 10 members represent the civil society (NGOs, Universities), among which 1 member is elected by the Association of Journalists and 1 member is elected by the Judiciary. There is also 1 member representing the Ministry of Interior and 1 member representing the Ministry of Decentralization. In addition, there are 11 members representing political parties.
Source: Law n° 2012-004 establishing the Independent National Electoral Commission for the Transition, art. 20, 21, 22: http://www.ceni-madagascar.mg/dossier/Loi_2012-004_CENIT.pdf (2013)
Verified: 2013/02/11
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:
Source: Law n° 2012-004 establishing the Independent National Electoral Commission for the Transition, art. 5: http://www.ceni-madagascar.mg/dossier/Loi_2012-004_CENIT.pdf (2013)
Verified: 2013/02/11
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
d . No information available
Comments:
Source: Law n° 2012-004 establishing the Independent National Electoral Commission for the Transition, art. 5: http://www.ceni-madagascar.mg/dossier/Loi_2012-004_CENIT.pdf (2013)
Verified: 2013/02/11
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:
Source: Law n° 2012-004 establishing the Independent National Electoral Commission for the Transition, art. 5: http://www.ceni-madagascar.mg/dossier/Loi_2012-004_CENIT.pdf (2013)
Verified: 2013/02/11
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments: All Malagasy citizens who are 18 years or older at the date of the poll and in full possession of their civil and political rights are qualified to be registered and vote.
Source: Organic Law n° 2012-005 on the Electoral Code, art. 3: http://mdm-national.mg/bureau/textes-reglementaires/textes-reglementaires/ (2013);
Constitution, art. 5 (4): http://www.ceni-madagascar.mg/dossier/constitution.pdf (2013)
Verified: 2013/02/11
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 d . Naturalization e . Other
Comments: All Malagasy citizens who are 18 years or older at the date of the poll and in full possession of their civil and political rights are qualified to be registered and vote.
Source: Organic Law n° 2012-005 on the Electoral Code, art. 3: http://mdm-national.mg/bureau/textes-reglementaires/textes-reglementaires/ (2013);
Constitution, art. 5 (4): http://www.ceni-madagascar.mg/dossier/constitution.pdf (2013)
Verified: 2013/02/11
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
a . Central Government Department (specify)
Comments: The Independent National Electoral Commission for the Transition
Source: Organic Law n° 2012-005 on the Electoral Code, art. 9, 10: http://mdm-national.mg/bureau/textes-reglementaires/textes-reglementaires/ (2013);
Law n° 2012-004 establishing the Independent National Electoral Commission for the Transition, art. 5: http://www.ceni-madagascar.mg/dossier/Loi_2012-004_CENIT.pdf (2013)
Verified: 2013/02/11
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
a . Yes
Comments: Voter registration is obligatory in order to exercise the right to vote.
Source: Organic Law n° 2012-005 on the Electoral Code, art. 2: http://mdm-national.mg/bureau/textes-reglementaires/textes-reglementaires/ (2013)
Verified: 2013/02/11
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):
f . Other
Comments: Legally established political parties cannot nominate more than one candidate and two substitutes per constituency. Party lists must be submitted to the Electoral Commission (CENI-T).
Source: Organic Law No. 2012-016 regulating legislative elections, art. 23, 24, 25, 27, 28: http://www.ceni-madagascar.mg/dossier/loi%20_n-2012-016_%20elect_%20legis.pdf (2013)
Verified: 2013/02/12
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 d . Residence f . Registration j . Other
Comments: In order to be eligible to stand for legislative elections, one must be Malagasy citizen, at least 21 years old on the day of elections, resident of Madagascar, in full possession of civic and political rights, registered in the electoral roll of an electoral constituency within Madagascar and have fulfilled all his/her fiscal obligations for the previous 3 years.
Source: Constitution, art. 15: http://www.ceni-madagascar.mg/dossier/constitution.pdf (2013);
Organic Law No. 2012-016 regulating legislative elections, art. 8: http://www.ceni-madagascar.mg/dossier/loi%20_n-2012-016_%20elect_%20legis.pdf (2013)
Verified: 2013/02/11
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
e . In both presidential and legislative elections
Comments:
Source: Constitution, art. 15: http://www.ceni-madagascar.mg/dossier/constitution.pdf (2013);
Organic Law No. 2012-016 regulating legislative elections, art. 8, 24 (1), 25: http://www.ceni-madagascar.mg/dossier/loi%20_n-2012-016_%20elect_%20legis.pdf (2013);
Organic Law No. 2012-015 regulating presidential elections, art. 8: http://www.ceni-madagascar.mg/dossier/loi%20_n-2012-015_elect_%20pres.pdf (2013)
Verified: 2013/02/12
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
b . Direct c . Indirect
Comments:
Source: Law n° 2011- 012 regulating political parties, art. 35 (4), 35bis: http://www.ceni-madagascar.mg/dossier/loi_2011-012_Partis_politiques.pdf (2013);
Organic Law n° 2012-005 on the Electoral Code, art. 48, 50, 55: http://mdm-national.mg/bureau/textes-reglementaires/textes-reglementaires/ (2013)
Verified: 2013/02/12
PC015
Question: What is the basis of the public funding?
Answer(s):
b . Based on result of previous election d . Based on number of candidates put forward in present election e . Other
Comments: e) In proportion to the contribution of each political party in civic. education activities.
Source: Law n° 2011- 012 regulating political parties, art. 35 (4), 35bis: http://www.ceni-madagascar.mg/dossier/loi_2011-012_Partis_politiques.pdf (2013)
Verified: 2013/02/12
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments:
Source: Law n° 2011- 012 regulating political parties, art. 34, 35 (1, 2, 3): http://www.ceni-madagascar.mg/dossier/loi_2011-012_Partis_politiques.pdf (2013)
Verified: 2013/02/12
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: Counting takes place at the polling station immediately after polling and is observed by accredited observers, candidates and candidate agents.
Source: Organic Law n° 2012-005 on the Electoral Code, art. 98: http://mdm-national.mg/bureau/textes-reglementaires/textes-reglementaires/ (2013)
Verified: 2013/02/11
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
b . Always recounted
Comments:
Source: Organic Law n° 2012-005 on the Electoral Code, art. 119: http://mdm-national.mg/bureau/textes-reglementaires/textes-reglementaires/ (2013)
Verified: 2013/02/11
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:
Source: Organic Law n° 2012-005 on the Electoral Code, art. 48: http://mdm-national.mg/bureau/textes-reglementaires/textes-reglementaires/ (2013)
Verified: 2013/02/12
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
c . No
Comments: During the election campaign, the state media did not provide any significant opportunities, outside publicity time, whether free of charge or against payment, for a presentation of the parties' manifestos. The same applied to the main private electronic media, which were characterised by a lack of debate between candidates.
Source: Schumann, B 2003 Madagascar National Assembly Elections 2002, Nordem Report 04/2003,[www] http://www.jus.uio.no/smr/english/about/programmes/nordem/publications/nordem-report/2003/04/nordem_report.html (2012)
Verified: 2012/02/26
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:
h . Not applicable
Comments: This matter is not regulated.
Source: Organic Law n° 2012-005 on the Electoral Code: http://mdm-national.mg/bureau/textes-reglementaires/textes-reglementaires/ (2013)
Verified: 2013/02/12
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: There is no control of or limit on how much money one candidate or one party can spend on the electoral campaign.
Source: Organic Law n° 2012-005 on the Electoral Code: http://mdm-national.mg/bureau/textes-reglementaires/textes-reglementaires/ (2013);
Law n° 2011- 012 regulating political parties: http://www.ceni-madagascar.mg/dossier/loi_2011-012_Partis_politiques.pdf (2013)
Verified: 2013/02/12
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:
Source: Constitution, art. 5, 55 (5), 137 (5), 162 (3): http://www.ceni-madagascar.mg/dossier/constitution.pdf (2013)
Verified: 2013/02/12
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
a . Yes
Comments: Any treaty for membership of Madagascar to an international organisation must be submitted to a referendum.
A proposal to amend the Constitution must be approved by the parliament and submitted to a referendum.
Source: Constitution, art. 137 (5), 162 (3): http://www.ceni-madagascar.mg/dossier/constitution.pdf (2013)
Verified: 2013/02/12
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
a . Yes
Comments: The President may decide to call a referendum on any significant national issue.
Source: Constitution, art. 55 (5): http://www.ceni-madagascar.mg/dossier/constitution.pdf (2013)
Verified: 2013/02/12
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.ceni-madagascar.mg/dossier/constitution.pdf (2013)
Verified: 2013/02/12
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.ceni-madagascar.mg/dossier/constitution.pdf (2013)
Verified: 2013/02/12
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments:
Source: Constitution: http://www.ceni-madagascar.mg/dossier/constitution.pdf (2013)
Verified: 2013/02/12
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
a . Always binding
Comments:
Source: Constitution, art. 5, 55 (5), 137 (5), 162 (3): http://www.ceni-madagascar.mg/dossier/constitution.pdf (2013)
Verified: 2013/02/12
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:
c . Both constitutional and other issues
Comments:
Source: Constitution, art. 5, 55 (5), 137 (5), 162 (3): http://www.ceni-madagascar.mg/dossier/constitution.pdf (2013)
Verified: 2013/02/12
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.ceni-madagascar.mg/dossier/constitution.pdf (2013)
Verified: 2013/02/12
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: Organic Law n° 2012-005 on the Electoral Code, art. 34 (2), 84: http://mdm-national.mg/bureau/textes-reglementaires/textes-reglementaires/ (2013)
Verified: 2013/02/11
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:
Source: Organic Law n° 2012-005 on the Electoral Code, art. 84: http://mdm-national.mg/bureau/textes-reglementaires/textes-reglementaires/ (2013)
Verified: 2013/02/11
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: Organic Law n° 2012-005 on the Electoral Code, art. 84: http://mdm-national.mg/bureau/textes-reglementaires/textes-reglementaires/ (2013)
Verified: 2013/02/11
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots
Comments: By putting ballot paper of the preferred candidate in an envelope and placing that in the ballot box
Source: Organic Law n° 2012-005 on the Electoral Code, art. 89 (2): http://mdm-national.mg/bureau/textes-reglementaires/textes-reglementaires/ (2013)
Verified: 2013/02/11
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