Madagascar: Electoral system
Updated July 2010
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Legal and institutional framework
| Legal basis |
|
| Electoral system | National Assembly: Directly elected from single member by plurality and two member proportional representation constituencies; has 127 seats[1] Senate: 60 indirectly elected by the 22 regions; remaining 30 appointed by President[2] President: Directly elected through universal adult franchise; must obtain an absolute majority or a runoff is held with the best two candidates[3] |
| Electoral management bodies (EMBs)[4] | National Independent Electoral Commission (CENI, Commission Electorale Nationale Indépendante) conducts and supervises electoral operations High Constitutional Court (HCC, Haute Cour Constitutionnelle) vets and publishes National Assembly and Presidential candidates, processes electoral complaints for parliamentary, presidential elections and referenda, verifies and announces results of these |
| Independence of EMBs[5] | CENI: 19 members, 10 nominated by civil society bodies, one representative each from the Ministries of the Interior and of Decentralization, seven nonvoting representatives from various political parties HCC: Nine members, three appointed by President in the Council of Ministers, two elected by National Assembly, two elected by Senate, two by High Council of Magistrates |
| Political parties[7] | Party registration is undertaken by the Ministry of the Interior and must be renewed annually, only regitered party may take part in elections Party financing: 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; funding by foreign state and public bodies is prohibited. Public funds are allocated to parties according to the number votes they received in previous election |
| Mass media | Broadcast dominated by state media, print media privately owned; CENI is responsible for the equitable allocation of airtime to candidates and parties during the electoral campaign[8] |
Election management
| Election period and dates[9] | National Assembly and presidential elections every 5 years, non-concurrent Elections called by decree of Council of Ministers at least 90 days before election day, polling conducted from 06:00-16:00 President has the power to dissolve National Assembly, in which case elections must be conducted |
| Delimitation of constituencies | The delimitation of constituencies and allocation of seats for the National Assembly is determined by presidential decree without any clear or defined criteria[10] |
| Voter registration and voters' rolls | Voter registration is undertaken by the CENI, registration is voluntary, voters roll permanent but updated annually (1 Dec - 31 January). Voters must present a valid identity card. Voters registered are issued with a voter's card[11] |
| Civic and voter education | Voter and civic education is the responsibility of the CENI, but is undertaken through partnerships with civil society organisations[12] |
| Candidate nomination | Only candidates that are registered voters and are presented by registered political parties are eligible for registration: National Assembly: Candidates must be a resident of Madagascar, 21 years or older, be in possession of full civil and political rights, not have been convicted of a criminal offence and up to date with taxes; each must submit a dossier for documenting eligibility; candidates contribute to cost of ballot papers, but contributions are refunded if obtain 10% or more of the vote; candidates vetted by CENI, rejections reviewed by HCC[13] Presidential: candidates must be must be a of Malagasy parents, in full possession of civil and political rights, be at least 40 years old, resident in Madagascar for at least six months, up to date with taxes, pay a deposit of Ariary 25 000 000; must submit a dossier documenting eligibility; nominations are submitted to the HCC which vets them and publishes the definative list of candidates[14] |
| Election observation | CENI is responsible for accreditation of party agents and national and international observers[15] |
| Election campaigns[16] | Presidential elections 45 day campaign period, National Assembly 35 days; campagning on election day prohibited Holders of political gatherings are required to provide written notice to the relevant local authorities Use of public resources and abuse of incumbancy for campaigning is a punishable offence No limits are set on amounts candidates may spend on campaigning No Code of Conduct governs campaigning |
| Conflict prevention and management | Disputes involving electoral operations and charges against electoral officials or other parties are made to the HCC within 20 days after election day[17]. |
| Secrecy of the ballot[19] | The polling booths must be placed so as to shield the voters from observation while they mark their ballots, voters are prohibited from marking ballots outside of booths Voters requiring assistance in marking their ballots may choose another voter to assist them |
| Voting and counting process | In presence of candidates, their agents and accredited observers Presiding Officer demonstrates ballot boxes are empty, locks them with two locks; security forces barred from precinct unless requested by Presiding officer[20] Voters vote at polling station where registered, present voters card and identification; officials check name on register, issue ballot paper; in booth voter marks ballot next to candidate of choice, leaves and places ballot box; signs or thumb prints record of voting, official checks it against voter card; finger marked with indelible ink[21] Counting takes place at the polling station immediately after polling and is observed by accredited observers, candidates and candidate agents[22] |
| Announcement of results | Presiding officer announces results, enters onto the official report of operations form and completes the report; two officials and candidate agents sign the report; documents and all the used ballot papers are attached to the report; a copy of the report is posted outside the polling station, copies of the report are sent to the designated CENI body and the HCC and copies are given to candidate agents and observers that request them[23] The CENI is authorised to create structures to execute the checking and summation of the results; party representatives and accredited observers may be present; after completion the official in charge draws up an official report and it an all documents are transmitted to the relevant CENI structure which publishes the provisional results and forwards it the HCC; the HCC has 45 days to verify the count and proclaim the final results[24] |
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 Décret no 2007-721 (see Delimitation of constituencies for details).
[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 two-thirds of an equal number of elected members from each of the 22 regions and one-third of members nominated by the President 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] Ordonnance no 2010-003, Articles 124, 127-129; Loi organique no 2002-004, 48-51, 72-76; EISA 2006, 7; European Parliament 2003, 5.
[5] Décret no 2010-120, Articles 5, 6; Constitution 1992, Article 110.
[7] Loi no 2009-002, Articles 8, 25; Toulou 2009, 198-199; EISA 2006, 15-16.
[8] Décret no 2010-120, Article 48, broadcast slots are allocated by lot; Toulou 2009, 200.
[9] Constitution 1992, Articles 45, 67, 77 (Articles 59, 98 govern the dissolution of Parliament); Ordonnance no 2010-003, Articles 35, 36; voters inside the polling station and its enclosure at the close of polls are permitted to vote. Elections should preferably be conducted in the dry season between 30 April and 30 October 30.
[10] Toulou 2009, 202; Décret no 2007-721 was an instance of this.
[11] Ordonnance no 2010-003, Articles 7, 9, 59.
[12] Décret no 2010-120 of March 2010, Articles 2, 22. Bodies involved with voter education have significant representation on CENI structures (see National Independent Electoral Commission for details).
[13] Loi no 2009-002, Article 25; Loi organique no 2002-004, 9, 45 (read with Décret no 2010-120, Articles 22, 71), 49; Ordonnance no 2010-003, Article 55.
[14] Loi no 2009-002, Article 25; Constitution 1992, Article 46; Ordonnance no 2001-002, 6, 9-15.
[15] Ordonnance no 2010-003, Article 77.
[16] Ordonnance no 2010-003, Articles 39-41 (if two election overlap, campaigning is suspended the day before the first election day until the day after), 42 (meetings cannot be held on public roads or markets, places of worship or work places, administrative buildings or military bases), 132. On campaign expenditure see Political party finances.
[17] Ordonnance no 2010-003, Article 130, 131.
[19] Ordonnance no 2010-003, Articles 94, 95, 98.
[20] Ordonnance no 2010-003, Articles 81, 92.
[21] Ordonnance no 2010-003, Articles 93-100.
[22] Ordonnance no 2010-003, Articles 101-110.
[23] Ordonnance no 2010-003, Articles 111-117.
[24] Ordonnance no 2010-003, Articles 100, 118, 121-124.
References
CONSTITUTION 1992, [www] http://www.primature.gov.mg/webfiles/Projet-Rev-Constitution.pdf [PDF document. opens new window] (accessed 15 Jun 2010).
DÉCRET 2007-721, du 25 juillet 2007 fixant le nombre des membres de l'Assemblée Nationale, la répartition des sièges sur l'ensemble du territoire national ainsi que le découpage des circonscriptions électorales, Gazetim-Panjakan' Ny Repoblikan' I Madagasikara 123(3120) 2 Aogoitra 2007, 4232-4233.
DÉCRET NO 2010-120 fixant l'organisation, le fonctionnement et les attributions de la Commission Electorale Nationale Indépendant, [www] http://aceproject.org/ero-en/regions/africa/MG/madagascar-decret-no-2010-120-2010-in-french/at_download/file [PDF document, opens new window] (accessed 1 Jul 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 15 Jun 2010).
EISA 2006 Election Observer Mission Report: Madagascar Presidential Elections, 3 December 2006 [IN ENGLISH & EN FRANÇAIS; PDF document]
LOI NO 2009-002 relative aux partis politiques, [www] http://ddata.over-blog.com/xxxyyy/1/35/48/78/Madagascar/loi-2009-sur-les-partis-politiques.pdf [PDF document, opens new window] (accessed 14 Jun 2010).
LOI ORGANIQUE NO 2002-004 du 3 octobre 2002 relative à l'élection des députés à l'Assemblée nationale, [www] http://aceproject.org/ero-en/regions/africa/MG/Loi%20organique%20no%202002-004.pdf [PDF document, opens new window] (accessed 14 Jun 2010).
ORDONNANCE NO 2001-002 du 29 aoât 2001 portant loi organique relative à l'élection du Président, [www] http://aceproject.org/ero-en/regions/africa/MG/madagscar-ordonnance-no-2010-003-2010-in-french/at_download/file [PDF document, opens new window] (accessed 6 Jul 2010).
ORDONNANCE NO 2010-003 du 17 mars 2010 portant loi organique relative au Code électoral, [www] http://aceproject.org/ero-en/regions/africa/MG/madagscar-ordonnance-no-2010-003-2010-in-french/at_download/file [PDF document, opens new window] (accessed 1 Jul 2010).
TOULOU, L 2009 "Chapter 6: Madagascar" IN Denis Kadima and Susan Booysen (eds) Compendium of Elections in Southern Africa 1989-2009: 20 Years of Multiparty Democracy, EISA, Johannesburg.
