egypt-final-presidential-elections-2012

The Carter Center
Presidential Election in Egypt
that constitute this legal framework include the
following: 28
The Constitutional Declaration of March 30, 2011:
The Constitutional Declaration is widely seen as
having replaced Egypt’s previous constitution, ratified
in 1971. Noteworthy provisions in the declaration
include Article 28, which provides for the establishment
and composition of the PEC, the body charged
with administering the presidential election. It also
states that the decisions of the commission are final
and may not be stopped or canceled by any other
authority, effectively granting the PEC extraordinary
authority. In barring any possibility of appeal, even
in those cases that could violate an Egyptian citizen’s
fundamental right to vote or to equal suffrage for
example, Article 28 is inconsistent with Egypt’s
international obligations. 29
As noted, on the evening of June 17, 2012, the
second and final day of polling for the second round
of the presidential election, the SCAF unilaterally
issued several amendments to the Constitutional
Declaration that sharply curtailed the president’s
authority over the military and enhanced the SCAF’s
potential role in overseeing the appointment and
work of the constituent assembly, the body designated
by the Constitutional Declaration to draft a
new, permanent constitution to be voted upon in a
national referendum. 30
Law Regulating the Presidential Election: 31 As
the primary law governing the presidential electoral
process, this law was originally enacted under the
Mubarak regime in 2005 in response to calls for
a multicandidate presidential election in Egypt. 32
Prior to the election, first the SCAF as the interim
lawmaking authority, and later the People’s Assembly,
amended the law significantly. 33
The law includes sections on candidate eligibility,
nomination procedures, the timeline for publishing a
provisional candidate list, challenges and appeals to
candidates on the list, campaign activity restrictions,
and campaign donation and expenditure limitations.
It includes language on the structure and authority
of the PEC, including the PEC’s authority to form
district-level general committees (DGCs) of judges,
which, in turn, supervise judges overseeing polling
and counting operations. Reflecting Article 28 of the
Constitutional Declaration, the law also includes a
provision stating that the PEC’s decisions are “final,
self-enforcing, and incontestable by any means and
before any body whatsoever.” 34
Presidential Election Commission Decisions: The
PEC may issue decisions as it deems necessary to
regulate its work and to exercise its competencies. 35
The PEC published a total of 21 regulatory decisions
on its website. 36 Key regulatory decisions cover the
establishment of the voter database, campaign and
campaign finance limitations, out-of-country voting
28 In addition to the laws cited below, other laws played an important
role within Egypt’s presidential electoral legal framework. The Law on
the Exercise of Political Rights (No. 73 of 1956, as amended) was a key
component of the parliamentary electoral legal framework in 2011 and
2012. For the presidential election, however, the Law Regulating the
Presidential Election appeared to supersede many sections of this law.
The Law on the Exercise of Political Rights did determine the conditions
for voter eligibility for the presidential election, as was the case during
the parliamentary electoral process. Other important laws related to the
electoral legal framework include the Law on Nongovernmental Societies
and Organizations (Law Number 84 of 2002, as amended), which governs
the registration of and operation of different types of domestic and
international civil society organizations operating in Egypt, and the Law
on Political Parties (Law Number 40 of 1977, as amended).
29 U.N., ICCPR, Article 2(3); AU, African Union Declaration on
the Principles Governing Democratic Elections in Africa, para. 3; AU,
African Charter on Human and Peoples’ Rights, Article 7
30 In yet another surprising development, President Morsi issued on Aug.
12, 2012, a constitutional addendum of his own that abrogated the terms
of the SCAF’s June 17 amendments and that, effectively, replaced the
SCAF with the office of the president as the legislative authority and as
the authority responsible for selecting a new constituent assembly in the
event the existing constituent assembly could not fulfill its duties.
31 No. 174 of 2005, as amended
32 Prior to 2005, presidents ran unopposed in a referendum-like format,
with Egyptians voting for or against a single candidate.
33 In accordance with Article 28 of the Constitutional Declaration, the
Supreme Constitutional Court had the authority to review laws governing
the presidential election prior to enactment and modified or nullified
some amendments to the law offered by the SCAF and the People’s
Assembly.
34 Article 8, Law Regulating the Presidential Election
35 Article 7, Law Regulating the Presidential Election
36 In addition to the 21 regulatory decisions published on the website,
the PEC published one PEC presidential Decision No. 4 regarding the
composition of a media-monitoring committee.
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