ALGIERS-The Constitutional Council will, in the next few hours, unveil the final list of candidates for the presidential election of December 12.
The “verdict” of the Constitutional Council will be made in accordance with the provisions of Article 141 of the Organic Law on the Electoral System of 25 August 2016, as amended and supplemented.
This article provides that “the Constitutional Council validates, by decision, the final list of candidates for the election of the President of the Republic, including appeals, within a period of seven (7) days, from the date of transmission of the last decision of the independent national election authority “.
The Independent National Electoral Authority (ANIE), chaired by former Justice Minister Mohamed Charfi, announced last Saturday that it has validated the files of five candidates.
These are the two former prime ministers, Abdelmadjid Tebboune and Ali Benflis, the former Minister of Culture and Acting Secretary General of the National Democratic Rally (RND), Azzedine Mihoubi, the former Minister of Tourism and President of the El-Bina Movement, Abdelkader Bengrina, and the chairman of the “Al-Moustakbel Front” party, Abdelaziz Belaid.
A total of 23 candidates submitted their applications to this newly created body to organize the elections.
Nine candidates for the presidency of the Republic whose files were rejected by the ANIE have filed appeals with the Constitutional Council, announced its president, Kamel Feniche.
They are the Secretary General of the National Republican Alliance (ANR), Belkacem Sahli, Chairman of the National Unity and Development Party, Mohamed Dif, independent candidates Fares Mesdour, Raouf Aeib, Kherchi Neoui, Ali Sekouri , Abdelhakim Hemadi, El Abadi Bel Abbes and Mohamed Bouhana.
These appeals were introduced in accordance with the provisions of Article 49 of the resolution of 17 October 2019 amending and supplementing the regulation of 12 May 2019 laying down the operating rules of the Constitutional Council.
This article grants to the candidate for the election of the President of the Republic “the right, in case of rejection of his/her candidacy by the independent national election authority, to lodge an appeal within the time limit set by the Organic Law on the Electoral System “.
Article 50 of the deliberation of 17 October 2019 specifies that the Constitutional Council, “decides on appeals by decisions notified immediately to the applicants”, noting that “in the event of admissibility of appeals, the Constitutional Council shall register the applicant name on the final list of candidates for the election of the President of the Republic “.
The decisions of the Constitutional Council regarding the appeals lodged by the candidates to the supreme magistracy are “irrevocable and without appeal”, according to its president.
No withdrawal of the candidate for the Presidency of the Republic is, moreover, accepted after the announcement of the final list by the Constitutional Council, particularly after the publication of its decision in the Official Journal.
Article 144 of the Law on the Electoral System stipulates that “the withdrawal of the candidate is neither accepted nor taken into account after the validation of the candidatures by the Constitutional Council, except in case of serious impediment legally established by the Constitutional Council or in case of death of the concerned person “.
In case of death of a candidate or serious impediment, this law provides for the opening of “a new deadline” for “the deposit of a new candidacy”.
“This deadline can not exceed the month preceding the polling date”, specified the same source.
However, “in the event of the death or serious incapacity of a candidate after the validation of the list of candidates by the Constitutional Council and its publication in the Official Journal of the People’s Democratic Republic of Algeria, the polling date shall be postponed for a maximum duration of fifteen (15) days “.
The new law on the electoral system requires the candidate to the presidency of the Republic to enclose in the application file a university degree or equivalent diploma and to file his own application file with the ANIE.
The presidential candidate must, according to this law, present a list comprising fifty-thousand (50,000) individual signatures, at least, of voters registered on an electoral list. These signatures must be collected through at least 25 wilayas.
The minimum number of signatures required for each wilayah can not be less than 1,200.