egypt-final-presidential-elections-2012

The Carter Center
Presidential Election in Egypt
Presidential Election Commission
An independent, accountable, and impartial election
management body is recognized internationally
as an important means of ensuring a credible
election. 71 The Constitutional Declaration and the
revised Law Regulating
the Presidential Election
reaffirmed the PEC as
the supervisory authority
for the presidential election.
The president of
the SCC is the ex officio
chair of the PEC. The
PEC also consists of four
other senior judges, also
appointed by virtue of
their positions in Egypt’s various courts. 72 The PEC
is supported by the PEC General Secretariat, which
is headed by a secretary-general appointed from a
judicial body. 73 Moreover, the PEC is able to form
committees to monitor specific issues relevant to its
work, such as campaign finance and the media.
It should be noted that a separate electoral
management body, the Supreme Judicial Commission
on Elections (SJCE), oversees parliamentary elections
and referenda. The rationale for establishment
of separate commissions to organize presidential and
parliamentary elections is unclear and seems to be
a remnant from the former regime. The temporary
nature of the PEC as an electoral body and its
appointment 74 only shortly in advance to the presidential
election does not leave much opportunity
to build on any existing institutional knowledge or
to engender trust in this important phase of Egypt’s
democratic transition. 75
The PEC enjoys broad powers, duties, and responsibilities
in all aspects of the presidential electoral
process. The PEC is mandated not only to implement
all aspects of candidate nomination and registration
and regulate campaigning but also to supervise the
polling, counting, and tabulation of the electoral
results. Furthermore, it has the prerogative to decide
on matters referred to it by the DGCs, verify and
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announce the final election results, and decide on
complaints and challenges related to the election.
The PEC is able to rely on Egypt’s state agencies
for the implementation of the election, including on
experts seconded to it. 76 One of the state agencies
upon which the PEC
relies is the Ministry
of Interior (MoI). The
MoI still provides necessary
administrative,
An independent, accountable, and
impartial election management body is operational, and logistic
recognized internationally as an important
support to the electoral
process (such as handling
means of ensuring a credible election.
ballot papers, ballot
boxes, indelible ink,
movement of materials,
etc.). The MoI also is mandated to supervise all security
arrangements for the electoral process. 77
At the governorate level, the PEC was supported
by the DGCs. The DGCs are also composed of the
judges, members of judicial bodies and seconded
public employees. 78 The PEC, however, did not establish
a presence in Egypt’s governorates, either through
local branches or through the establishment of DGCs,
until only very shortly before each set of presidential
71 See for example, AU, African Union Declaration on the Principles
Governing Democratic Elections in Africa, Principle II (4c); International
IDEA, International IDEA International Electoral Standards: Guidelines
for Reviewing the Legal Framework of Elections, p. 37.
72 Article 5 of the Law Regulating Presidential Election determines “the
head of the Cairo Court of Appeal, the most senior deputy head of the
Supreme Constitutional Court, the most senior deputy head of the Court
of Cassation, and the most senior deputy head of the State Council” as
the remaining four members of the PEC.
73 The secretary-general is also the PEC’s rapporteur and the head of the
DGC for OCV and is able to attend deliberative sessions but cannot vote
on decisions.
74 The first official PEC meeting was held on Feb. 18, 2012
75 The Carter Center noted that three members of the Supreme Judicial
Commission on Elections, by the nature of their occupation in Egyptian
courts, were appointed members of the PEC.
76 Article 7, The Law Regulating the Presidential Election
77 In previous elections, the MoI had full control over the
implementation of all aspects of the electoral process. However, in 2012,
registration of candidates and printing of ballot papers were implemented
directly by the PEC.
78 Article 30, Law No. 174 of 2005