Madagascar: Electoral system

Updated May 2008

Legal basis	Constitution of the Republic of Madagascar, 1992 Loi Organique No 2000-014 du 24 août 2000 portant Code Electoral Loi Organique No 2002-004 relative à l'élection des députés à l'Assemblée nationale Decret No 2006-299 portant convocation des électeurs pour l'élection du Président de la République
Electoral system	National Assembly: Directly elected from single member and two member constituencies by plurality; has 127 seats[1]. Senate: 60 indirectly elected, 10 from each of 6 provinces by proportional representation, by an electoral college consisting of provincial councillors (elected by direct universal suffrage) and the mayors; in future they will be elected by the 22 regions that replace the provinces which have been abolished. Remaining 30 appointed by President[2] President: President directly elected through universal adult franchise; must obtain an absolute majority or a runoff is held with the best two candidates[3].
Election period	National Assembly, Senate and President: Elections every 5 years, non-concurrent, president restricted to two terms[4]
Electoral institutions	Ministry of Interior and Administrative Reform (MIRA), the National Electoral Council (CNE) and the High Constitutional Court (HCC)[5].
Functions of electoral institutions	MIRA: Operational conduct of elections CNE: Supervision of electoral process HCC: Registering candidates, processing complaints, verification and announcement of results[6].
Independence of electoral institutions	MIRA: Government department CNE: A member appointed by the president; a mediator; a member appointed by the Mira; a member from National Council of Lawyers; a member from National Council of Journalists; a member appointed by president of Supreme Court; a member appointed by national prosecutor of the Supreme Court HCC: 3 appointed by President in the Council of Ministers, 2 by National Assembly, 1 by Senate, three by High Council of Magistrates[7].
Demarcation	The delimitation of constituencies and allocation of seats is determined by presidential decree without any clear or defined criteria[8].
Voter registration	Voter registration is voluntary. Voters roll is permanent and is updated annually (1 Dec - 31 January); voter registration is undertaken by MIRA. Voters must present a valid identity card. Voters registered are issued with a voter's card. Voters rolls were not made open to public scrutiny in 2006[9].
Voter education	Voter and civic education is the responsibility of the MIRA and the CNE, but is undertaken through accredited NGOs, according an annex to the Electoral Code; it is funded by donor organisations[10].
Nomination of candidates	National Assembly: Independents as well as party endorsed candidates are eligible for registration with HCC; candidates must be registered voters, of age for the elected function and not have been convicted of a criminal offence[11]. Presidential: Independents as well as party endorsed candidates are eligible for registration with HCC; candidates must be citizen resident in the country on the day of application; registered as a voter; be least 40 years old on nomination day; pay a fee of Ariary 25 000 000 (approximately US$ 12 000) and enjoy political and civil rights[12] Note: All candidates must bear the costs of priniting and distributing their ballot sheets, but candidates obtain 10% or more of the valid votes are reimbursed for the printing costs.
Funding of political parties	No public funding is given to parties or candidates and private funding is unregulated and no disclosure or accounting is required. No limits are placed on the amounts candidates or parties may receive or spend[13].
Election campaign	Campaign period is fixed by a cabinet decree issued by the prime minister[14]
Communication	CNE is responsible for the equitable allocation of airtime to candidates and parties during the electoral campaign and must monitor state-owned media to prevent partisanship[15]
Counting	Counting takes place at the polling station. The count by polling officials is observed by accredited observers, party agents and members of the press. After close of poll the presiding officer reconciles, counts and records the votes[16]. Presiding officer seals all the forms and relevant documents detailing outcome in envelope and transmits it to constituency tabulation centre (Commission de Recensement Matériel des Votes, CRMV)[17] CRMV checks inventory and verifies material, highlights probable irregularities or discrepancies, then transmits all documents to secretary of the HCC[18]
Announcement of results	Final tabulation and verification performed by the HCC which announces final official results; this process is not open to public scrutiny[19]
Conflict resolution	Disputes and complaints against electoral officials or other parties are all be made to the HCC[20].
Election monitoring	CNE is responsible for accreditation of party agents and national and international observers ito Section III of the Electoral Code. CNE deploys monitors to execute its supervisory role. CNE provides guidelines that layout observer rights and duties[21].

Table notes

[1] The Constitution (1992, Article 69) states that the number of seats and the manner of election be determined by a decree of the Council of Ministers; in the 2007 National Assembly election this was Decret No 2007-721.
[2] Constitution 1992, Article 77-79; the Constitution does not specify the number and exact composition of the Senate, but lays down that it will be composed of an equal number of elected members from each region and members nominated to include specialist judicial, economic, social or cultural competencies. The composition and modalities of election are left to an organic law (Article 79).
[3] Constitution 1992, Articles 45, 47.
[4] Constitution 1992, Articles 45, 67, 77.
[5] EISA 2006, 7.
[6] EISA 2006, 7; European Parliament 2003, 5.
[7] EISA 2006, 7; Constitution 1992, Article 110.
[8] EISA 2008, 14.
[9] EISA 2006, 9.
[10] SCHUMANN, B 2003, "Voter and Civic Education", EISA 2008, 17-18.
[11] SCHUMANN, B 2003, "Candidate Registration".
[12] EISA 2006, 12.
[13] EISA 2006, 15-16.
[14] EISA 2008, 18.
[15] EISA 2006, 17; SCHUMANN, B 2003, "The Media".
[16] EISA 2006, 25.
[17] EISA 2006, 27.
[18] EISA 2006, 27.
[19] EISA 2006, 27-28; in the 2007 referendum and in the subsequent National Assembly election provisional results were published by MIRA at constituency level as they became available, after the CRMV process had been completed.
[20] SCHUMANN, B 2003, "The Complaints Process".
[21] EISA 2006, 18.

References

CONSTITUTION 1992, IN International Constitutional Law [Note: This does not include the amendments made in 2007], [www] http://www.oefre.unibe.ch/law/icl/ma00000_.html [opens new window] (accessed 8 Mar 2010); LA CONSTITUTION 1992, [www] http://www.primature.gov.mg/webfiles/ Projet-Rev-Constitution.pdf [PDF document. opens new window] (accessed 8 Mar 2010).

EUROPEAN PARLIAMENT 2003 Report on the mission to observe the parliamentary elections held in Madagascar on 15 December 2002, [www] http://www.europarl.europa.eu/intcoop/election_observation/missions/ 20021215_madagascar_en.pdf [PDF document, opens new window] (accessed 8 Mar 2010).

EISA 2006 Election Observer Mission Report: Madagascar Presidential Elections, 3 December 2006 [IN ENGLISH & EN FRANÇAIS; PDF document].

EISA 2008 Technical Team Report [PDF document].

LOI ORGANIQUE No 2002-004 relative à l'élection des députés à l'Assemblée nationale.

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 [opens new window] (accessed 8 Mar 2010).