Madagascar: Election period, dates and times

Updated July 2010

The terms of office for the President and the National Assembly are both 5 years, but the terms almost always overlap and elections have almost never been held concurrently (Constitution 1992, Articles 45, 67, 77). The one exception was in 1989 when the life of the National Assembly was prolonged by eight months to harmonise its election with that of the presidency so as to economise spending, but the effort was not sustained in 1992/3 (Interparliamentary Union 1989). The electoral code (Ordonnance no 2010-003, Article 35) requires that the proclamation of an election or referendum be made at least 90 days before polling day by a decree issued by the Council of Government. Ordonnance no 2010-003, Article 36, further requires that polling be under taken in the dry season of the year, between 30 April and 30 October, unless by order of the High Constitutional Court, on application by the Independent National Electoral Commission. The same article stipulates that polling be conducted between 06:00 and 16:00, but voters inside the polling station and its enclosure be allowed to vote.

Presidential elections

According to the Constitution of 1992, Article 47:

  • Presidential elections must be held between 30 and 60 days before the expiry of the term of the incumbent or, should a vacancy arise due to incapacity or impeachment, from the time that the vacancy has been noted by the High Constitutional Court (in this last case the 90 period between proclamation of the election and election day stipulated in Ordonnance no 2010-003, 35 cannot be observed).
  • If none of the candidates obtain an absolute majority in the first round of elections as second round of elections must be called within 30 days of the proclamation of the final results.
  • Should a candidate for election die before election day polling must be postponed and fresh elections must be called in terms of arrangements specified by a governing organic law, which in this case is Ordonnance no 2001-002 portant loi organique relative à l'élection du Président. In the event of the death of a candidate before the poll for the first round has been conducted the President of the High Constitutional Court must inform the government which must issue a decree postponing the election so that a fresh nomination of candidates may take place (Ordonnance no 2001-002, 4.1). Should one of the two candidates die before the second round of balloting has occurred, then the High Constitutional Court must replace the deceased candidate with the candidate that came third in the first round of voting and must notify the government which must issue a decree for the postponement of the poll until the Sunday after thirty days have lapsed since the proclamation of the results of the first round (Ordonnance no 2001-002, 4.2).

The organic law specifies that the decree of the Council of Ministers calling an election must be published in the Journal officiel de la R'épublique and be made known to voters through broadcast media and include the purpose of the election, the date of the election and the period during which the voters' rolls will be revised (see Voter registration and voter's rolls for details. Ordonnance no 2001-002, 3).

National Assembly

In terms of Article 59 of the Constitution of 1992 the election of the members of the National Assembly must be governed by an organic law, which is in this case Loi organique no 2002-004 relative à l'élection des députés à l'Assemblée nationale. The law specifies that the term of office of the National Assembly expires on the first Tuesday of May of the fifth year of its election, calculated from the date of the opening of it first ordinary session, and the election of the new National Assembly must take place in the 60 days that preceed the expiry of its term on a day determined by a decree of the Council of Ministers (Loi organique no 2002-004, 4, 5). The decree, which must be published in the Journal officiel de la R'épublique and be made known to voters through broadcast media, must specify the purpose of the election, the date of the election and the period during which the voters' rolls will be revised (see Voter registration and voter's rolls for details. Loi organique no 2002-004, 7).

In terms of the Constitution (1992, Articles 59, 98) the president has the power to dissolve Parliament, in which case fresh elections must be conducted and the Council of Government must call on election through the issue of a decree at least 90 days before polling day (Ordonnance no 2010-003, 35). On application by the CENI, the High Constitutional Court may order the postponement of a election and a new decree calling an election must be issued (Ordonnance no 2010-003, 8 read with Ordonnance no 2010-003, 36).

References

CONSTITUTION 1992, includes all amendments up to and including 2007, [www] http://www.primature.gov.mg/webfiles/ Projet-Rev-Constitution.pdf [PDF document, opens new window] (accessed 14 Jun 2010).

INTERPARLIAMENTARY UNION 1989 "Madagascar Parliamentary Chamber: Antenimieram-Pirenena - Assemblée nationale, elections held in 1989", [www] http://www.ipu.org/parline-e/reports/arc/2193_89.htm [opens new window] (accessed 22 June 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 5 Jul 2010).