Info
Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
b . No, existing regional/provincial/other boundaries are used
Comments: The Electoral Law requires that electoral constituencies be defined by law. However, until the law on boundary delimitation is passed, the same division of electoral constituencies and number of seats adopted for the election of the National Constituent Assembly shall be used. Therefore, there are 33 constituencies, including 27 constituencies within the county and 6 constituencies abroad.
Source: Organic Law n° 2014-16 of 26 May 2014 on Elections and Referenda, art. 106, 173: http://aceproject.org/ero-en/regions/africa/TN/tunisia-organic-law-on-elections-and-referenda/view (2014);
Legislative decree No 35 of 10 May 2011, on the election of a National Constituent Assembly, art. 33: http://aceproject.org/ero-en/regions/africa/TN/tunisia-decree-no.-35-dated-10-may-on-the-election/view (2014);
Decree n° 2011-1088 of 3 August 2011 on the delimitation of electoral constituencies and the determination of the number of seats allocated to them for the election of National Constituent Assembly: http://www.legislation-securite.tn/sites/default/files/D%C3%A9cret%20n%C2%B0%202011-1088%20du%203%20Ao%C3%BBt%202011%20(Fr).pdf (2014)
Verified: 2019/08/05
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
a . "Equality" of population d . Conformity with local jurisdiction boundaries
Comments: The Electoral Law requires that electoral constituencies be defined by law. However, until the law on boundary delimitation is passed, the same division of electoral constituencies and number of seats adopted for the election of the National Constituent Assembly shall be used. Each governorate shall represent one or more constituencies but the number of seats allocated thereto, shall not exceed 10. Two additional seats shall be allocated to the governorates counting less than 270.000 inhabitants. An additional seat shall be allocated to the governorates counting between 270.000 and 500.000 inhabitants. According to these criteria, there are 33 constituencies, including 27 constituencies within the county and 6 constituencies abroad.
Source: Organic Law n° 2014-16 of 26 May 2014 on Elections and Referenda, art. 106, 173: http://aceproject.org/ero-en/regions/africa/TN/tunisia-organic-law-on-elections-and-referenda/view (2014);
Legislative decree No 35 of 10 May 2011, on the election of a National Constituent Assembly, art. 33: http://aceproject.org/ero-en/regions/africa/TN/tunisia-decree-no.-35-dated-10-may-on-the-election/view (2014);
Decree n° 2011-1088 of 3 August 2011 on the delimitation of electoral constituencies and the determination of the number of seats allocated to them for the election of National Constituent Assembly: http://www.legislation-securite.tn/sites/default/files/D%C3%A9cret%20n%C2%B0%202011-1088%20du%203%20Ao%C3%BBt%202011%20(Fr).pdf (2014).
Verified: 2019/08/05
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
g . Other
Comments: The Electoral Law requires that constituencies be defined by law. However, until the law on boundary delimitation is passed, the same division of electoral constituencies and number of seats adopted for the election of the National Constituent Assembly shall be used.
Source: Organic Law n° 2014-16 of 26 May 2014 on Elections and Referenda, art. 106, 173: http://aceproject.org/ero-en/regions/africa/TN/tunisia-organic-law-on-elections-and-referenda/view (2014);
Legislative decree No 35 of 10 May 2011, on the election of a National Constituent Assembly, art. 33: http://aceproject.org/ero-en/regions/africa/TN/tunisia-decree-no.-35-dated-10-may-on-the-election/view (2014);
Decree n° 2011-1088 of 3 August 2011 on the delimitation of electoral constituencies and the determination of the number of seats allocated to them for the election of National Constituent Assembly: http://www.legislation-securite.tn/sites/default/files/D%C3%A9cret%20n%C2%B0%202011-1088%20du%203%20Ao%C3%BBt%202011%20(Fr).pdf (2014).
Verified: 2019/08/05
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 of the Republic is the Head of State and the symbol of its unity.
The President of the Republic is elected for a five-year term during the last sixty day period of the presidential term by means of universal, free, direct, secret, fair, and transparent elections by an absolute majority of votes cast.
In the event that no candidate achieves such a majority in the first round, a second round shall be organized during the two weeks following the announcement of the definitive results of the first round. Only the two candidates having won the highest number of votes during the first round may stand for election in the second round.
Source: The Constitution of 26 January 2014, art. 72, 75: http://aceproject.org/ero-en/regions/africa/TN/tunisia-constitution-of-26-january-2014/view (2014)
Verified: 2019/08/05
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
d . Leader of the party which forms the government becomes Head of Government
Comments: Head of Government is the Prime Minister, who is candidate of the party or the electoral coalition which won the largest number of seats in the Assembly of the Representatives of the People and is appointed by the President.
Source: The Constitution of 26 January 2014, art. 89: http://aceproject.org/ero-en/regions/africa/TN/tunisia-constitution-of-26-january-2014/view (2014)
Verified: 2019/08/05
ES003
President
Question: Does the country have a president?
Answer:
a . Yes
Comments: The President of the Republic is the Head of State and the symbol of its unity.
Source: The Constitution of 26 January 2014, art. 72: http://aceproject.org/ero-en/regions/africa/TN/tunisia-constitution-of-26-january-2014/view (2014)
Verified: 2019/08/05
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
a . One chamber
Comments: Legislative power is vested on the Assembly of the Representatives of the People.
Source: The Constitution of 26 January 2014, art. 50: http://aceproject.org/ero-en/regions/africa/TN/tunisia-constitution-of-26-january-2014/view (2014)
Verified: 2019/08/05
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: The Constitution provides that the members of the Assembly of the Representatives of the People shall be elected for a term of five years by universal, free, direct, secret, fair and transparent voting, in accordance with the election law. Voting takes place on closed lists and seats are distributed on the level of constituencies on the basis of proportional representation with the largest remainder method.
Source: The Constitution of 26 January 2014, art. 55, 56: http://aceproject.org/ero-en/regions/africa/TN/tunisia-constitution-of-26-january-2014/view (2014);
Organic Law n° 2014-16 of 26 May 2014 on Elections and Referenda, art. 107 , 108: http://aceproject.org/ero-en/regions/africa/TN/tunisia-organic-law-on-elections-and-referenda/view (2014).
Verified: 2019/08/05
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: A "proposed basic law" governing presidential and legislative elections and referenda was passed in 2014.
Currently, there is a draft law regarding municipal and regional elections.
Source: Organic Law n° 2014-16 of 26 May 2014 on Elections and Referenda: http://aceproject.org/ero-en/regions/africa/TN/tunisia-organic-law-on-elections-and-referenda/view (2014).
Verified: 2019/08/05
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections d . Referendums
Comments: The national electoral law covers the presidential and legislative election, as well as referenda.
Currently, there is a draft law for municipal and regional elections.
Source: Organic Law n° 2014-16 of 26 May 2014 on Elections and Referenda, art. 1: http://aceproject.org/ero-en/regions/africa/TN/tunisia-organic-law-on-elections-and-referenda/view (2014).
Verified: 2019/08/05
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments: There are no provisions for compulsory voting. Suffrage is to be universal, free, direct, secret, fair and transparent.
Source: Organic Law n° 2014-16 of 26 May 2014 on Elections and Referenda, art. 2: http://aceproject.org/ero-en/regions/africa/TN/tunisia-organic-law-on-elections-and-referenda/view (2014).
Verified: 2019/08/05
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: Electoral complaints related to voter registration shall be introduced before the Independent High Authority for Elections (ISIE). Complaints related to candidate registration shall be adjudicated by the territorially competent Court of First Instance, and before the "Tunis 1" Court of First Instance with regard to candidate lists abroad. The preliminary results of the elections or referenda can be challenged before the Appellate Circuits of the Administrative Court within three days of the posting of the results in the ISIE premises.
Source: Organic Law n° 2014-16 of 26 May 2014 on Elections and Referenda, art. 14, 15, 27, 145: http://aceproject.org/ero-en/regions/africa/TN/tunisia-organic-law-on-elections-and-referenda/view (2014).
Verified: 2019/08/05
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:
Source: Organic Law n° 2012-23 of 20 December 2012 on the Independent High Authority for Elections, as amended by the Organic Law n° 2013- 52 of 28 December 2013, art. 2: http://aceproject.org/ero-en/regions/africa/TN/tunisie-loi-organique-nb0-2012-23-du-20-decembre/view (2014).
Verified: 2019/08/05
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
c . The legislature g . Other
Comments: The budget of the Independent High Authority for Elections is elaborated by its decision-making board. It is subject to the government's opinion before being transmitted to the Legislative Assembly for approval and inclusion in the annual state budget.
Source: Organic Law n° 2012-23 of 20 December 2012 on the Independent High Authority for Elections, as amended by the Organic Law n° 2013- 52 of 28 December 2013, art. 3 (18), 20: http://aceproject.org/ero-en/regions/africa/TN/tunisie-loi-organique-nb0-2012-23-du-20-decembre/view (2014).
Verified: 2019/08/05
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
g . Other
Comments: ISIE is a financially independent agency and is subject to an internal audit control.
Source: Organic Law n° 2012-23 of 20 December 2012 on the Independent High Authority for Elections, as amended by the Organic Law n° 2013- 52 of 28 December 2013, art. 1, 29: http://aceproject.org/ero-en/regions/africa/TN/tunisie-loi-organique-nb0-2012-23-du-20-decembre/view (2014).
Verified: 2019/08/05
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: Each member of the ISIE shall serve a six-year non-renewable term.
Source: Organic Law n° 2012-23 of 20 December 2012 on the Independent High Authority for Elections, as amended by the Organic Law n° 2013- 52 of 28 December 2013, art. 6: http://aceproject.org/ero-en/regions/africa/TN/tunisie-loi-organique-nb0-2012-23-du-20-decembre/view (2014).
Verified: 2019/08/05
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments: ISIE is an independent public agency with legal personality and administrative and financial autonomy.
Source: Organic Law n° 2012-23 of 20 December 2012 on the Independent High Authority for Elections, as amended by the Organic Law n° 2013- 52 of 28 December 2013, art.
1: http://aceproject.org/ero-en/regions/africa/TN/tunisie-loi-organique-nb0-2012-23-du-20-decembre/view (2014).
Verified: 2019/08/05
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
a . 1 - 10 members (specify)
Comments: ISIE is composed of 9 members.
Source: Organic Law n° 2012-23 of 20 December 2012 on the Independent High Authority for Elections, as amended by the Organic Law n° 2013- 52 of 28 December 2013, art.
5: http://aceproject.org/ero-en/regions/africa/TN/tunisie-loi-organique-nb0-2012-23-du-20-decembre/view (2014).
Verified: 2019/08/05
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
b . Expertise
Comments: ISIE is composed of 9 members including a civil law judge, an administrative judge, a lawyer, a notary, a university professor, an engineer specialising in IT systems and security, a communications expert, a public finance expert and a member representing Tunisians abroad. All members shall have at least 10 years of experience.
Source: Organic Law n° 2012-23 of 20 December 2012 on the Independent High Authority for Elections, as amended by the Organic Law n° 2013- 52 of 28 December 2013, art.
5: http://aceproject.org/ero-en/regions/africa/TN/tunisie-loi-organique-nb0-2012-23-du-20-decembre/view (2014).
Verified: 2019/08/05
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
e . Legislature
Comments: Members of the ISIE are selected by a special committee of the Legislative Assembly, which is composed on the basis of proportional representation of the different parliamentary groups.
Source: Organic Law n° 2012-23 of 20 December 2012 on the Independent High Authority for Elections, as amended by the Organic Law n° 2013- 52 of 28 December 2013, art.
6: http://aceproject.org/ero-en/regions/africa/TN/tunisie-loi-organique-nb0-2012-23-du-20-decembre/view (2014).
Verified: 2019/08/05
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 b . Regional Electoral Management Bodies g . NGOs/ Civic Organizations
Comments: The ISIE is by law mandated to implement awareness and voter education programs and collaborate with all segments of civil society that work in the area of elections a both the national and international level.
Source: Organic Law n° 2012-23 of 20 December 2012 on the Independent High Authority for Elections, as amended by the Organic Law n° 2013- 52 of 28 December 2013, art. 3 (12): http://aceproject.org/ero-en/regions/africa/TN/tunisie-loi-organique-nb0-2012-23-du-20-decembre/view (2014);
The Carter Center, Pre-election Statement, Legislative and Presidential Elections 2014, p. 4-5: http://aceproject.org/ero-en/regions/africa/SL/tunisia-pre-election-statement-legislative-and/view (2014).
Verified: 2019/08/05
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 ISIE is by law mandated to implement awareness and voter education programs and collaborate with all segments of civil society that work in the area of elections a both the national and international level.
As noted by the Carter Center observation mission, in light of the 2014 elections, "the ISIE did not launch its voter awareness campaign until one week after the voter registration process had begun". Civil society organisations were also involved in awareness-raising activities.
Source: Organic Law n° 2012-23 of 20 December 2012 on the Independent High Authority for Elections, as amended by the Organic Law n° 2013- 52 of 28 December 2013, art. 3 (12): http://aceproject.org/ero-en/regions/africa/TN/tunisie-loi-organique-nb0-2012-23-du-20-decembre/view (2014);
The Carter Center, Pre-election Statement, Legislative and Presidential Elections 2014, p. 4-5: http://aceproject.org/ero-en/regions/africa/SL/tunisia-pre-election-statement-legislative-and/view (2014).
Verified: 2019/08/05
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 c . Yes, conducted by the Regional Electoral Management Bodies h . Yes, conducted by NGOs/ Civic Organizations
Comments: The ISIE is by law mandated to implement awareness and voter education programs and collaborate with all segments of civil society that work in the area of elections a both the national and international level.
As noted by the Carter Center observation mission, in light of the 2014 elections, "the ISIE did not launch its voter awareness campaign until one week after the voter registration process had begun". Civil society organisations were also involved in awareness-raising activities.
Source: Organic Law n° 2012-23 of 20 December 2012 on the Independent High Authority for Elections, as amended by the Organic Law n° 2013- 52 of 28 December 2013, art. 3 (12): http://aceproject.org/ero-en/regions/africa/TN/tunisie-loi-organique-nb0-2012-23-du-20-decembre/view (2014);
The Carter Center, Pre-election Statement, Legislative and Presidential Elections 2014, p. 4-5: http://aceproject.org/ero-en/regions/africa/SL/tunisia-pre-election-statement-legislative-and/view (2014).
Verified: 2019/08/05
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments: Every Tunisian citizen at least 18 years old is eligible to vote if he/she is listed in the Voter Register, enjoys full civil and political rights, and is not subject to any of the forms of disenfranchisement.
Source: The Constitution of 26 January 2014, art. 54: http://aceproject.org/ero-en/regions/africa/TN/tunisia-constitution-of-26-january-2014/view (2014);
Organic Law n° 2014-16 of 26 May 2014 on Elections and Referenda, art. 5: http://aceproject.org/ero-en/regions/africa/TN/tunisia-organic-law-on-elections-and-referenda/view (2014).
Verified: 2019/08/05
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: All Tunisian nationals who will be at least 18 years old by election day are entitled to vote, provided that they are listed in the Voter Register, enjoy full civil and political rights, and are not subject to any of the forms of disenfranchisement.
Source: The Constitution of 26 January 2014, art. 54: http://aceproject.org/ero-en/regions/africa/TN/tunisia-constitution-of-26-january-2014/view (2014);
Organic Law n° 2014-16 of 26 May 2014 on Elections and Referenda, art. 5: http://aceproject.org/ero-en/regions/africa/TN/tunisia-organic-law-on-elections-and-referenda/view (2014).
Verified: 2019/08/05
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: ISIE is in charge of voter registration.
Source: Organic Law n° 2014-16 of 26 May 2014 on Elections and Referenda, art. 7, 10: http://aceproject.org/ero-en/regions/africa/TN/tunisia-organic-law-on-elections-and-referenda/view (2014).
Verified: 2019/08/05
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
b . No
Comments: The law explicitly mentions that voter registration is voluntary.
Source: Organic Law n° 2014-16 of 26 May 2014 on Elections and Referenda, art. 7 (1): http://aceproject.org/ero-en/regions/africa/TN/tunisia-organic-law-on-elections-and-referenda/view (2014).
Verified: 2019/08/05
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):
c . Regional distribution requirement e . Minimum number of candidates f . Other
Comments: The application for candidacy and its attachments must include:
names and order of candidates in the list; an authorization signed by all candidates; copies of national identification cards or passports; the name of the list; the symbol of the party, coalition list or independent list; the designation of a representative for the list from among the candidates; a complementary list of no less than two candidates and no more than the number of candidates in the original list; and evidence of submission of annual tax returns for the preceding year.
The number of candidates in each list is required to be equal to the number of seats in the respective constituency.
Applications for candidacy shall be presented on the basis of the principle of parity between women and men, and the rule of alternately ranking women and men on the list. Unless required to do so by the odd number of seats in a constituency, any list violating this principle will be rejected.
In any constituency where the number of seats is equal to or more than four, every candidate list should have among the first four candidates a male or female candidate of no more than thirty five years of age. In case of non-adherence to this requirement, the list will be denied half the total value of the public funding grant.
Source: Organic Law n° 2014-16 of 26 May 2014 on Elections and Referenda, art. 21, 22, 24, 25: http://aceproject.org/ero-en/regions/africa/TN/tunisia-organic-law-on-elections-and-referenda/view (2014).
Verified: 2019/08/05
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 j . Other
Comments: Every Tunisian voter who has acquired Tunisian nationality at least ten years prior and is no younger than twenty three years of age on the day of candidacy is eligible to be elected to the Assembly of the Representatives of the People, provided that they are not prohibited from holding such a position as specified by the law.
Source: The Constitution of 26 January 2014, art. 53: http://aceproject.org/ero-en/regions/africa/TN/tunisia-constitution-of-26-january-2014/view (2014);
Organic Law n° 2014-16 of 26 May 2014 on Elections and Referenda, art. 19: http://aceproject.org/ero-en/regions/africa/TN/tunisia-organic-law-on-elections-and-referenda/view (2014).
Verified: 2019/08/05
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
e . In both presidential and legislative elections
Comments: A candidate in the 2014 presidential elections must be endorsed by ten members of the National Constituent Assembly or ten thousand registered voters distributed over ten constituencies at least, at a minimum of five hundred voters per constituency.
Source: Organic Law n° 2014-16 of 26 May 2014 on Elections and Referenda, art. 41 (1), 171: http://aceproject.org/ero-en/regions/africa/TN/tunisia-organic-law-on-elections-and-referenda/view (2014).
Verified: 2019/08/05
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
b . Direct c . Indirect
Comments: Each candidate or candidate list shall be allocated a grant as public assistance to electoral campaign funding. The candidate or list shall receive half the grant before the launching of the campaign. The second half is to be disbursed within one week of the announcement of the final results of the elections, subject to presenting evidence that the first installment was spent on campaign expenses and depositing the ledgers at the Court of Accounts.
A full refund of the grant is mandatory for any candidate that gets less than 3% of valid votes on the national level, or any list that gets less than 3% of valid votes on the constituency level without winning a single seat in the Assembly of Representatives of the People. Any disbursements proven to be unrelated to electoral expenses are to also be refunded by the list or candidate. The State reclaims any undisbursed funds. Any candidate or list that fails to adhere to the 3% threshold may not have access to the public funding grant in the following elections.
In addition, parties are entitled to equal access to the public media and free public space.
Source: Organic Law n° 2014-16 of 26 May 2014 on Elections and Referenda, art. 62, 65, 78: http://aceproject.org/ero-en/regions/africa/TN/tunisia-organic-law-on-elections-and-referenda/view (2014).
Verified: 2019/08/05
PC015
Question: What is the basis of the public funding?
Answer(s):
e . Other
Comments: The amount of the public funding each candidate list is entitled to for the 2014 legislative elections is calculated in proportion to the number of registered voters, the cost of living and the size of each electoral constituency.
Source: Decree n° 2014-2761 of 1 August 2014 regulating private and public funding for the 2014 legislative elections, art. 2: http://aceproject.org/ero-en/regions/africa/TN/decret-nb0-2014-2761-du-1er-aout-2014-fixant-le/view (2014).
Verified: 2019/08/05
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments:
Source: Organic Law n° 2014-16 of 26 May 2014 on Elections and Referenda, art. 75, 77: http://aceproject.org/ero-en/regions/africa/TN/tunisia-organic-law-on-elections-and-referenda/view (2014);
Decree n° 2014-2761 of 1 August 2014 regulating private and public funding for the 2014 legislative elections, art. 2: http://aceproject.org/ero-en/regions/africa/TN/decret-nb0-2014-2761-du-1er-aout-2014-fixant-le/view (2014).
Verified: 2019/08/05
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: Vote counting is conducted at the polling stations once the voting processes are concluded.
Source: Organic Law n° 2014-16 of 26 May 2014 on Elections and Referenda, art. 135: http://aceproject.org/ero-en/regions/africa/TN/tunisia-organic-law-on-elections-and-referenda/view (2014).
Verified: 2019/08/05
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
c . Automatically (triggered) recounted under certain conditions
Comments: In case, during the counting of votes, the number of ballots is more or less than the number of signatures in the voters' list, a recount shall be conducted.
ISIE may also recount the votes in one or more polling stations and may cancel the results in a polling station or in a constituency if it finds that fundamental and decisive violations have marred the process of voting and vote counting.
Source: Organic Law n° 2014-16 of 26 May 2014 on Elections and Referenda, art. 135, 142 (1), 143: http://aceproject.org/ero-en/regions/africa/TN/tunisia-organic-law-on-elections-and-referenda/view (2014).
Verified: 2019/08/05
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 b . Based on number of candidates put forward in present elections d . Based on mixture of principles (specify)
Comments: The Independent High Authority for Audiovisual Communication (HAICA) guarantees the right of access to means of audiovisual communication to all political groups during the campaign period on the basis of equality and plurality.
For legislative elections, the allocation of airtime on public media is proportional to the number of candidates put forward by each candidate list. For presidential elections, airtime is distributed equally.
Source: Organic Law n° 2014-16 of 26 May 2014 on Elections and Referenda, art. 65: http://aceproject.org/ero-en/regions/africa/TN/tunisia-organic-law-on-elections-and-referenda/view (2014);
Decision n° 2014-25 of 8 September 2014 of the Independent High Authority for Elections laying down the rules and general requirements for the media during the electoral campaign, art. 9.
Verified: 2019/08/05
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
a . Yes, in presidential elections b . Yes, in legislative elections
Comments:
Source: Organic Law n° 2014-16 of 26 May 2014 on Elections and Referenda, art. 65: http://aceproject.org/ero-en/regions/africa/TN/tunisia-organic-law-on-elections-and-referenda/view (2014)
Verified: 2019/08/05
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:
f . 10 or more days
Comments: It is prohibited, during the electoral campaign or referendum campaign, and during the period of electoral silence, to broadcast or publish the results of opinion surveys that are directly or indirectly related to elections or referendums, as well as studies and journalistic commentaries on such surveys, across the different media.
Source: Organic Law n° 2014-16 of 26 May 2014 on Elections and Referenda, art. 70: http://aceproject.org/ero-en/regions/africa/TN/tunisia-organic-law-on-elections-and-referenda/view (2014).
Verified: 2019/08/05
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 are no specific legal provisions in this regard.
Source: Organic Law n° 2014-16 of 26 May 2014 on Elections and Referenda: http://aceproject.org/ero-en/regions/africa/TN/tunisia-organic-law-on-elections-and-referenda/view (2014).
Verified: 2019/08/05
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: The Constitution of 26 January 2014, art. 3, 50, 82, 144: http://aceproject.org/ero-en/regions/africa/TN/tunisia-constitution-of-26-january-2014/view (2014);
Organic Law n° 2014-16 of 26 May 2014 on Elections and Referenda: http://aceproject.org/ero-en/regions/africa/TN/tunisia-organic-law-on-elections-and-referenda/view (2014).
Verified: 2019/08/05
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
b . No
Comments:
Source: The Constitution of 26 January 2014, art. 82, 144: http://aceproject.org/ero-en/regions/africa/TN/tunisia-constitution-of-26-january-2014/view (2014);
Organic Law n° 2014-16 of 26 May 2014 on Elections and Referenda: http://aceproject.org/ero-en/regions/africa/TN/tunisia-organic-law-on-elections-and-referenda/view (2014).
Verified: 2019/08/05
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
a . Yes
Comments: The President of the Republic may, in exceptional circumstances, within the deadlines for return of a draft law, submit for a referendum draft laws related to the ratification of treaties, to freedoms and human rights, or personal status, which were adopted by the Assembly of the Representatives of the People.
The Constitution shall be amended upon the approval of two-thirds of the members of the Assembly of the Representatives of the People. After an amendment by two-thirds of the members of the Assembly has been approved, the President may submit the amendment to referendum in which case it will be adopted if it receives an absolute majority of votes cast.
Source: The Constitution of 26 January 2014, art. 82, 144: http://aceproject.org/ero-en/regions/africa/TN/tunisia-constitution-of-26-january-2014/view (2014);
Organic Law n° 2014-16 of 26 May 2014 on Elections and Referenda: http://aceproject.org/ero-en/regions/africa/TN/tunisia-organic-law-on-elections-and-referenda/view (2014).
Verified: 2019/08/05
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
b . No
Comments:
Source: The Constitution of 26 January 2014: http://aceproject.org/ero-en/regions/africa/TN/tunisia-constitution-of-26-january-2014/view (2014);
Organic Law n° 2014-16 of 26 May 2014 on Elections and Referenda: http://aceproject.org/ero-en/regions/africa/TN/tunisia-organic-law-on-elections-and-referenda/view (2014).
Verified: 2019/08/05
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
b . No
Comments:
Source: The Constitution of 26 January 2014: http://aceproject.org/ero-en/regions/africa/TN/tunisia-constitution-of-26-january-2014/view (2014);
Organic Law n° 2014-16 of 26 May 2014 on Elections and Referenda: http://aceproject.org/ero-en/regions/africa/TN/tunisia-organic-law-on-elections-and-referenda/view (2014).
Verified: 2019/08/05
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments:
Source: The Constitution of 26 January 2014: http://aceproject.org/ero-en/regions/africa/TN/tunisia-constitution-of-26-january-2014/view (2014);
Organic Law n° 2014-16 of 26 May 2014 on Elections and Referenda: http://aceproject.org/ero-en/regions/africa/TN/tunisia-organic-law-on-elections-and-referenda/view (2014).
Verified: 2019/08/05
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
b . Sometimes binding
Comments: The President of the Republic may, in exceptional circumstances, within the deadlines for return of a draft law, submit for a referendum draft laws related to the ratification of treaties, to freedoms and human rights, or personal status, which were adopted by the Assembly of the Representatives of the
People. The submission to referendum shall be deemed a waiver of the right to return the draft law to the Assembly. If the result of the referendum is the ratification of the draft law, the President of the Republic shall sign it and order to publish it within a period not exceeding ten days from the date of announcement of the results of the referendum.
Source: The Constitution of 26 January 2014, art. 82: http://aceproject.org/ero-en/regions/africa/TN/tunisia-constitution-of-26-january-2014/view (2014).
Verified: 2019/08/05
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: The President of the Republic may, in exceptional circumstances, within the deadlines for return of a draft law, submit for a referendum draft laws related to the ratification of treaties, to freedoms and human rights, or personal status, which were adopted by the Assembly of the Representatives of the People.
The Constitution shall be amended upon the approval of two-thirds of the members of the Assembly of the Representatives of the People. After an amendment by two-thirds of the members of the Assembly has been approved, the President may submit the amendment to referendum in which case it will be adopted if it receives an absolute majority of votes cast.
Source: The Constitution of 26 January 2014, art. 82, 144: http://aceproject.org/ero-en/regions/africa/TN/tunisia-constitution-of-26-january-2014/view (2014).
Verified: 2019/08/05
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
b . No
Comments:
Source: The Constitution of 26 January 2014: http://aceproject.org/ero-en/regions/africa/TN/tunisia-constitution-of-26-january-2014/view (2014);
Organic Law n° 2014-16 of 26 May 2014 on Elections and Referenda: http://aceproject.org/ero-en/regions/africa/TN/tunisia-organic-law-on-elections-and-referenda/view (2014).
Verified: 2014/10/23
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: The polling stations are designated for each municipality or maire at least 7 days before Election Day.
Source: Organic Law n° 2014-16 of 26 May 2014 on Elections and Referenda, art. 118, 119: http://aceproject.org/ero-en/regions/africa/TN/tunisia-organic-law-on-elections-and-referenda/view (2014).
Verified: 2019/08/05
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 diplomatic Tunisian groups and the Consulates outside the country make sure that the citizens residing outside the country vote.
Source: Organic Law n° 2014-16 of 26 May 2014 on Elections and Referenda, art. 103: http://aceproject.org/ero-en/regions/africa/TN/tunisia-organic-law-on-elections-and-referenda/view (2014).
Verified: 2019/08/05
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
a . Embassies b . Consulates c . Special polling stations
Comments: The diplomatic Tunisian groups and the Consulates outside the country make sure that the citizens residing outside the country vote.
Source: Organic Law n° 2014-16 of 26 May 2014 on Elections and Referenda, art. 103: http://aceproject.org/ero-en/regions/africa/TN/tunisia-organic-law-on-elections-and-referenda/view (2014);
Official Website of the Independent High Authority for Elections, List of Polling Stations Abroad: http://www.isie.tn/index.php/fr/214-adresses-des-bureaux-de-vote-a-l-etranger.html (2014).
Verified: 2019/08/05
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots
Comments: By putting a ballot in an envelope. Special envelopes are used; white for presidential elections and yellow for national and municipal elections.
Source: Organic Law n° 2014-16 of 26 May 2014 on Elections and Referenda, art. 130: http://aceproject.org/ero-en/regions/africa/TN/tunisia-organic-law-on-elections-and-referenda/view (2014).
Verified: 2019/08/05
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