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The Carter Center<br />

Presidential Election in Egypt<br />

subject to an inclusive, transparent consultation<br />

process and promulgated by a democratically<br />

elected parliament.<br />

6b. Ensure that the electoral legal framework is<br />

clear and complete.<br />

The current legal framework includes some terms<br />

and concepts that are undefined. For example,<br />

candidates and parties are prohibited from using<br />

“religious slogans” in campaigning, but there is<br />

no clear definition of what constitutes a “religious<br />

slogan.” The Carter Center recommends that<br />

lawmakers consider defining vague terms both<br />

within the laws themselves and as part of training<br />

and other education materials for use by election<br />

officials, voters and other electoral actors.<br />

Additionally, the current electoral legal<br />

framework fails to address some important issues,<br />

creating confusion and inconsistent practices<br />

among electoral administrators and other stakeholders.<br />

For example, there is no language in any<br />

of the electoral laws explicitly addressing the assistance<br />

of illiterate voters. Electoral administrators<br />

took inconsistent approaches to assisting illiterate<br />

voters in polling stations. Some refused to provide<br />

assistance; others provided varying levels of<br />

assistance. The Carter Center recommends that<br />

lawmakers work with election administrators and<br />

other stakeholders to address gaps such as these in<br />

future iterations of the electoral legal framework.<br />

7. Consolidate and clarify an impartial, efficient,<br />

and transparent electoral dispute resolution<br />

system to handle all appeals and complaints,<br />

including postelectoral appeals.<br />

The Carter Center recommends that Egypt establishes<br />

a single, unified process for filing all electoral<br />

complaints (either with a permanent EMB or<br />

directly with the courts), possibly through the use<br />

of a standardized complaint form available online<br />

and at multiple locations throughout the country.<br />

Overall, in order to ensure that all Egyptians have<br />

confidence in the electoral complaints system, and<br />

the opportunity to seek redress of election-related<br />

complaints, it is essential that the EMB and<br />

court decisions and actions to address complaints<br />

are clearly explained, written and recorded, and<br />

thoroughly publicized. In addition, the EMB<br />

should clearly and effectively educate voters and<br />

other electoral stakeholders about how the process<br />

works and why it is important to file a complaint<br />

if one has witnessed electoral misconduct.<br />

To enable a more thorough review of postelectoral<br />

appeals, The Carter Center recommends<br />

that lawmakers consider extending the deadline<br />

for decisions on postelectoral appeals to two or<br />

three days after candidates file their appeals with<br />

the electoral management body. The Carter<br />

Center also urges the PEC to publish <strong>final</strong><br />

polling-station-level results via its website at<br />

the earliest possible opportunity to reinforce the<br />

transparency of the electoral dispute resolution<br />

process, accounting for changes in vote totals<br />

based on the adjudication of electoral complaints.<br />

8. Eliminate mandatory sanctions for failure<br />

to vote.<br />

Voting is mandatory in Egypt. During the <strong>presidential</strong><br />

election, Egyptian law stated that a failure<br />

to vote carried with it a fine of up to 100 Egyptian<br />

pounds (approximately U.S. $17). While The<br />

Carter Center is unaware of any fines having been<br />

levied against any of the millions of Egyptians<br />

who chose not to vote, these fines are both unreasonably<br />

high and do not have the desired effect of<br />

ensuring voter turnout. Particularly in the absence<br />

of a comprehensive, rigorous program of voter<br />

education, The Carter Center suggests that these<br />

fines be eliminated.<br />

To the Presidential Election<br />

Commission<br />

9. Take steps to ensure and enhance the integrity<br />

of the voter registration process.<br />

The process of voter registration is a critical<br />

means of ensuring the enfranchisement of eligible<br />

voters and the integrity of an election. In the<br />

69

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