Angola: Electoral system

Updated November 2006

Legal basis	Constitutional Law of the Republic of Angola [1]. Electoral Act 2004 [2]. Electoral Registration Law 2005 [3]. Political Parties Law 2005 [4]. Electoral Observation Law 2005 [5].
Electoral system	National Assembly: Multiparty, proportional representation elections; 223 members. 130 members are elected nationally, 3 by expatriates and 5 by each of the 18 provinces [6]. President: President directly elected through universal adult franchise; must obtain an absolute majority or a runoff is held with the best two candidates [7].
Election period	National Assembly: Elections every 4 years [8]. President: Elections every 5 years; restricted to two terms [9].
Electoral institutions	National Electoral Commission (CNE) [10]. Provincial Commissions, Municipal Offices and Communal Electoral Offices [11].
Functions of electoral institutions	Organise and direct presidential and parliamentary elections and other electoral activities; ensure that elections are free, fair and transparent; supervise conduct of voter registration and compile voter registers; rule on electoral challenges; ensure equality for candidates; tabulate and publish the results; approve ballot papers and materials; issue regulations; organise polling stations; ensure security; distribute broadcast times for candidates; financial accounting and observer accreditation [12].
Independence of electoral institutions	CNE members appointed by a variety of political actors (the President, the ruling party, opposition parties, the Supreme Court, Ministry of Territorial Administration, National Council of Social Communication) to ensure wide representation [13].
Demarcation	No demarcation process is specified by law since the proportional representation system in use uses existing national and provincial boundaries [14].
Voter registration	Voter registration is compulsory. The voters roll is permanent and is updated by means of annual voter registration drives [15]. Voter registration is conducted by local authority public officials under the supervision of the CNE and may be monitored by political parties [16]; in 2007 the process was conducted by an Inter-Ministerial Commission for the Electoral Process (CIPE). Voters must present an identification document or be identified by officials or by other institutions and are required to provide basic personal information. Voters registered are issued with a voters card [17].
Voter education	The CNE is tasked by law with voter and civic education through use of the media [18].
Nomination of candidates	National Assembly: Candidates are nominated by political parties by means of a party lists with supporting documents demonstrating and affirming eligibility [19]. Presidential: A single candidate may be nominated by each political party or group of 5 000-10 000 citizens. Nominations must be accompanied by supporting documents demonstrating and affirming eligibility [20].
Funding of political parties	Public funding may be made available by the state and must be disbursed by the CNE to parties and candidates in an equitable manner [21]. Donations to political parties from state owned enterprises and foreign entities are prohibited [22]. Candidates and political parties must give account, after the proclamation of the results, of all income and expenditures [23]. No limits are placed on the amounts candidates or parties may receive or spend.
Election campaign	Electoral campaigns are restricted to from 31 days before election day to midnight of the night before election day [24]. Meetings and demonstrations require 48 hours notice to the Provincial Governor or area Administrator. Opinion polls are prohibited during the campaign period. Campaigning is prohibited in public, health and religious institutions. The placement of paid advertising in the media is prohibited [25]. A detailed code of conduct regulating political parties, candidates, the CNE, the media, electoral official, the security forces, voters, observers, party agents, religious and traditional bodies and civil society organisations has been issued [26].
Communication	Both private and public media are required to provide free and equal time to candidates and parties according to a programme laid out by the CNE [27]
Counting	After the close of the poll the presiding official of the table reconciles, counts and records the votes in the presence of the other officials, the party and candidate agents and election observers [28]. All materials are submitted to the Provincial Election Commission, while the results and documentation are forwarded to the Municipal Electoral Office which submits them to the Provincial Electoral Commission [29].
Announcement of results	The Provincial Electoral Commission decides on the validity of ballots that have been challenged and tabulates the votes for the province. The results must be announced by the Provincial Electoral Commission within four days of election day through the media and by posting them at the their and the provincial government's offices. The results and related documentation are forwarded to the CNE [30]. The CNE decides on challenges to the validity of votes, tabulates the results from the provinces and send copies to the President, the President of the Constitutional Court and to candidates; it must ensure the results are published within 72 hours in the Diary of the Republic [31].
Conflict resolution	All decisions of the CNE on challenges to voting irregularities and counting tabulations are heard by the Constitutional Court, but must be filed within 48 hours of notification of the decision of the CNE [32].
Election monitoring	National and International Observers are accredited by the CNE. A code of conduct for observers specifying their rights and duties is established by law [33]. Observer activity is restricted to the period from the beginning of campaigning to the official publication of the results [34].

Table notes

[1] Constitutional Law 1992.
[2] Law 7/04 2004 [Lei Nš 7/04 de 17 de Junho (Lei Eleitoral)].
[3] Law 3/05 2005 [Lei Nš 03/05 de 1 de Julho (Lei do Registo Eleitoral)].
[4] Law 2/05 2005.
[5] Law 4/05 of 1 July (Electoral Observation Law 2005) [Lei Nš 4/05 de 1 de Julho (Lei de Observação Eleitoral)].
[6] Constitutional Law 1992, A79; Law 7/04 2004, A29-33.
[7] Constitutional Law 1992, A57; Law 7/04 2004, A24, 26, 27.
[8] Constitutional Law 1992, A79.
[9] Constitutional Law 1992, A59.
[10] Law 7/04 2004, A154.
[11] Law 7/04 2004, A158-161.
[12] Law 7/04 2004, A155.
[13] Law 7/04 2004, A156.
[14] Law 7/04 2005, A29, 2.
[15] Law 3/05 2005, A5, 10.
[16] Law 3/05 2005, A14-19.
[17] Law 3/05 2005, A29-32.
[18] Law 7/04 2004, A91, 155(a), (r).
[19] Law 7/04 2004, A42, 52-53.
[20] Law 7/04 2004, A42, 49.
[21] Law 7/04 2004, A95.
[22] Law 7/04 2004, A94(2).
[23] Law 7/04 2004, A96-99.
[24] Law 7/04 2004, A75.
[25] Law 7/04 2004, A79, 81-83.
[26] Code of Electoral Conduct.
[27] Law 7/04 2004, A87-90.
[28] Law 7/04 2004, A133-134. The law does not explicitly permit party and candidate agents and election observers to be present at the count. However Law 7/04, A135(3), assumes the presence of party and candidate agents during counting, while the Electoral Observation Law 2005, A29(o), guarantees observers access to all "centres of tabulation".
[29] Law 7/04 2004, A138.
[30] Law 7/04 2004, A139-145, 151.
[31] Law 7/04 2004, A145-150, 152.
[32] Law 7/04 2004, A164-168.
[33] Law 4/05, A26-30.
[34] Law 4/05, A5.

References

CONSTITUTIONAL LAW OF THE REPUBLIC OF ANGOLA, 1992, [www] http://aceproject.org/ero-en/regions/africa/AO/angconst [opens new window] (accessed 10 Mar 2010).

ELECTORAL CODE OF CONDUCT 2005, Resolution No 10/05, [www] http://aceproject.org/ regions-en/eisa/AO/Resolution%20No%2010%2005%20-%20Code%20of%20Electoral% 20Conduct.pdf [PDF document, opens new window] (accessed 10 Mar 2010).
Resolução No 10/05, [www] http://aceproject.org/regions-en/eisa/AO/ Resolucao%20No%2010%2005%20-%20Codigo%20de%20Conduta%20Eleitoral%29.pdf [PDF document, opens new window] (accessed 10 Mar 2010).

LAW No 3/05 1 of July (Electoral Registration Law 2005), [www] http://aceproject.org/regions-en/eisa/AO/Law%20No%203%2005%201%20of%20July.pdf [PDF document, opens new window] (accessed 10 Mar 2010).
Lei No 3/05 de 1 de Julho, [www] http://aceproject.org/regions-en/eisa/AO/Lei%20No%203%2005%20de%201%20de%20Julho.pdf [PDF document, opens new window] (accessed 10 Mar 2010).

LAW No 4/05 of 1 July (Electoral Observation Law), [www] http://aceproject.org/regions-en/eisa/AO/Law%20No%204%2005%20of%201%20July.pdf [PDF document, opens new window] (accessed 10 Mar 2010).
Lei No 4/05 de 1 de Julho, [www] http://aceproject.org/regions-en/eisa/AO/ Lei%20No%204%2005%20de%201%20de%20Julho%20Observacao%20Eleitoral.pdf [PDF document, opens new window] (accessed 10 Mar 2010).

LAW 7/2004 OF 17 JUNE (Electoral Law 2004) [www] http://aceproject.org/regions-en/eisa/AO/Law%20No%207%2004%2017%20of%20June.pdf [PDF document, opens new window] (accessed 10 Mar 2010).
Lei No 7/04 de 17 de Junho, [www] http://aceproject.org/regions-en/eisa/AO/ Lei%20No%207%2004%20de%2017%20de%20Junho.pdf [PDF document, opens new window] (accessed 10 Mar 2010).