Mauritius: Electoral system

Updated November 2006

Legal basis[1]	Constitution of Mauritius (as amended) Representation of the People Act of 1968, amended 1976, 1982, 2005 Rodrigues Regional Assembly Act (Act No.39 of 2001) Local Government Act of 2003 National Assembly Elections Regulations, 1968 (4th Schedule Act. 12/68 Sections 44 and 85) Municipal Council Elections Regulations, 1958 Village Council Elections Regulations, 1961 (Fourth Schedule Section 14 of Ordinance 70/61 as amended) Rodrigues Regional Assembly Elections Regulations, 2002
Electoral system	The National Assembly has 70 members; 62 members of them are elected by universal adult suffrage in a secret ballot. Mauritius Island is divided into 20 constituencies each of which returns 3 members, while Rodrigues returns two. The other 8 seats are allocated by the Electoral Supervisory Commission according to a complex formula to "best losers" to ensure "a fair and adequate representation of each community"[2]. The President is elected by Parliament[3].
Election period	Parliamentary elections every 5 years; the Presidential term is also five years[4].
Electoral institutions[5]	Electoral Commissioner's Office (ECO) Electoral Boundaries Commission (EBC) Electoral Supervisory Commission (ESC)
Functions of electoral institutions[6]	ESC: Is responsible for the planning, management and supervision elections and referenda. ECO: Is responsible for the logistics and execution of elections. EBC: Determines the limits of the constituencies.
Independence of electoral institutions	All three bodies are established and guaranteed their independence by the constitution and are autonomous in their functioning. The members of the Commissions are appointed by the President on advise of the Prime Minister in consultation with the Leader of the Opposition or on the advice of the Judicial and Legal Service Commission[7].
Demarcation	The President, following consultation with the Prime Minister and leader of the opposition, appoints the Electoral Boundaries Commission (EBC). The EBC consists of a chair and between 2 and 7 other members. Constituencies are redemarcated every 10 years[8].
Voter registration	Registration compulsory. Continuous registration, updated by annual registration drives. Voter registration is executed in three phases. Officials from the ECO register voters in annual door-to-door visits. Thereafter a comprehensive network of centres is opened where voters may correct deficiencies that arose in the previous phase. In the final phase the register of voters is published. Mauritian and Commonwealth citizens residing there for two years or more may register[9]. Voters must present a national identity card or a birth certificate.
Voter education	Mauritian democracy is long and well established and the population is educated and highly politicised. Consequently little need for voter education is felt. According to EISA field reports neither governing agencies nor civil society structures practice voter education[10].
Nomination of candidates	On nomination day, as determined prior to an election by the President, qualified party and independent candidates are registered. The requirements and disqualifications for candidates are set forth in the constitution[11].
Funding of political parties	There is no provision for public funding of political parties. Private funding must be channelled through an nominated election agent who is required to give a full account of all monies received and all disimbursements to the returning officer[12].
Election campaign	Statutory limitations are set on amounts candidates may spend on campaigning[13]. There is no prescribed code of conduct for parties and candidates, nor any limits placed on the campaign period. On election day campaigning within 200 metres of a polling station is prohibited. Holders of political gatherings are required to provide 7 days' written notice to the commissioner of police[14].
Communication	Mauritius has a vibrant private free press, but the slavish propagation of the position of the government of the day has been a characteristic feature of the Mauritian Broadcasting Corporation since independence[15]. Parties are, however, given free airtime in proportion to the number of candidates they are fielding[16].
Counting	Sealed ballot boxes are taken to counting stations under police and agents' escort and guarded by them overnight. The following day counting the votes are counted under the eyes of the party agents[17].
Announcement of results	Provisional results are issued periodically. When counting has been completed the Returning Officer compiles the results and declares them publicly. The Returning Officer then submits the returns to the Electoral Commissioner[18].
Conflict resolution	In the event of electoral disputes, petitions are heard by a court with at least two judges sitting on the bench. Election petitions must be submitted to the courts within 21 days after the date of the return of results[19].
Election monitoring	The Representation of the People Act was amended in 2005 to make provision for international observers and for the issuing of a Code of Conduct governing them[20].

Table notes

[1] Constitution of Mauritius 1968; Local Government Act of 2003.
[2] Constitution of Mauritius 1968, First schedule (section 31(2))
[3] Constitution of Mauritius 1968, Chapter IV, Article 28 (2).
[4] Constitution of Mauritius 1968, First schedule (section 31(2)); Chapter IV, Article 28 (2).
[5] Constitution of Mauritius 1968, Chapter V, Articles 38 - 41.
[6] Constitution of Mauritius 1968.
[7] Constitution of Mauritius 1968; Lodge, et al 2002, 174 - 175.
[8] Constitution of Mauritius 1968, 38, 39.
[9] The Representation of the People Act 1968 (as amended), 4, 9, 12, 24, 25, 36. See also Lodge, et al 2002, 177 - 178; Electoral Commissioner's Office undated.
[10] Darga 2005, 10-11.
[11] Constitution of Mauritius 1968, Article 33, 34.
[12] The Representation of the People Act 1968, 49, 56.
[13] Constitution of Mauritius 1968.
[14] The Representation of the People Act 1968, 65(2)(d), (3); Lodge, et al 2002, 79.
[15] Kadima 2000.
[16] Lodge, et al 2002, 180.
[17] National Assembly Elections Regulations, 1968, 45, 47.
[18] Electoral Commissioner's Office undatedb.
[19] The Representation of the People Act 1968, 45-48A.
[20] The Representation of the People Act 1968, 77. See also Chiroro 2005, 1 and Representation of the People (Amendment) Bill 2005.

References

CONSTITUTION OF MAURITIUS 1968, [www] http://www.gov.mu/portal/site/AssemblySite/menuitem.ee3d58b2c32c60451251701065c521ca/ [opens new window] (accessed 24 Oct 2007).

CHIRORO, B 2005 "The forthcoming election in Mauritius", IN Election Talk, 23, 24 June.

DARGA, A 2005 Election update 2005: Mauritius No 1, EISA, June 17.

ELECTORAL COMMISSIONER'S OFFICE UNDATEDa "Registration", [www] http://www.gov.mu/portal/site/eco/menuitem.61d257cad79ffcba9459d9a365d521ca/ [opens new window] (accessed 24 Oct 2007).

ELECTORAL COMMISSIONER'S OFFICE UNDATEDb "Organisation of Elections", [www] http://www.gov.mu/portal/site/eco/menuitem.604347d7f64775da9459d9a365d521ca/ [opens new window] (accessed 24 Oct 2007)

KADIMA, D 2000 Parliamentary elections 2000 - a report, EISA.

LOCAL GOVERNMENT ACT OF 2003, [www] http://www.gov.mu/portal/goc/mlge/files/lg_act.pdf [PDF document, opens new window] (accessed 24 Oct 2007).

LODGE, T, KADIMA, D & POTTIE, D, 2002 Compendium of elections in Southern Africa, EISA.

REPRESENTATION OF THE PEOPLE ACT, 1968 (AS AMENDED)

REPRESENTATION OF THE PEOPLE (AMENDMENT) BILL 2005, [www] http://www.gov.mu/portal/goc/assemblysite/file/2005/bill8.pdf [PDF document, opens new window] (accessed 24 Oct 2007).