AA COMPENDIUMCOMPENDIUM OFOF LEGALLEGAL PROVISIONSPROVISIONS PERTAININGPERTAINING TOTO ELECTIONSELECTIONS ANDAND REFERENDAREFERENDA September 2020 AA COMPENDIUMCOMPENDIUM OFOF LEGALLEGAL PROVISIONSPROVISIONS PERTAININGPERTAINING TOTO ELECTIONSELECTIONS ANDAND REFERENDAREFERENDA September 2020 A consolidated, unofficial translation for the electoral legal framework in Tunisia valid as of 1 September 2019. Amendments to the legal framework are shown in bold 4 A COMPENDIUM OF LEGAL PROVISIONS PERTAINING TO ELECTIONS AND REFERENDA Table of Contents I. LAWS 9 Organic Law 16 (2014) dated on 26 May 2014 on elections 9 and referenda, as modified and complemented, pursuant to Organic Law 7 (2017) dated on 14 February 2017, and Organic Law 76 (2019) dated on 30 August 2019 Organic Law 23 (2012) dated on 20 December 2012 on the 74 High Independent Elections Authority, as modified and completed by Organic Law 44 (2013) on 1 November 2013 and Organic Law 52 (2013) dated on 28 December 2013 II. DECREES 92 1. Decree 1088 (2011) dated 3 August 2011 on boundaries 92 delineation and apportionment of the number of seats allocated to each for the election of the members of the National Constituent Assembly 2. Presidential Decree 111 (2019) dated on 5 July 2019 104 on the call on voters for the legislative and presidential elections of 2019, as modified, pursuant to the Presidential Decree 122 (2019) dated on 31 July 2019 3. Presidential Decree 122 (2019) dated on 31 July 2019 106 on the call on voters for the 2019 presidential elections of 4. Governmental Decree 754 (2019) dated on 22 August 108 2019 on determining the total spending limit on the election campaign, private funding limit and setting the limits for public funding, requirements and procedures thereof, vis-à-vis the 2019 presidential elections 5. Governmental Decree 755 (2019) dated 22 August 2019 112 on determining the total spending limit on the election campaign, private funding limit, as well as the public funding limit, requirements, and procedures thereof, vis-à- vis the 2019 legislative elections A COMPENDIUM OF LEGAL PROVISIONS PERTAINING TO ELECTIONS AND REFERENDA 5 III. REGULATORY DECISIONS 117 • Regulating and Managing the Independent High 117 Authority for Elections and Structures thereof 1. Decision 5 (2014) of the Independent High Authority 117 for Elections dated on 24 April 2014 on determining the internal rules of procedure of the Independent Higher Authority for Elections, as modified by Decision 12 (2014) dated on 16 July 2014 2. Decision 3 (2019) of the Independent High Authority 133 for Elections dated on 21 February 2019, on regulating the system that applies to members and associates of the Office of the Board of the Independent High Authority for Elections 3. Decision 5 of the Independent High Authority for 136 Election dated on 11 April 2017 on the requirements and procedures for the establishment of Electoral Sub- Commissions, determining the terms of reference thereof and operation modalities •• 2019 Legislative and Presidential Elections Timeline 146 4. Decision 5 (2019) of the Independent High Authority for 146 Election dated on 14 March 2019 on the 2019 Legislative and Presidential Elections Timeline, as modified and complemented by Decision 10 (2019) dated on 3 April 2019 and Decision 14 (2019) dated on 31 May 2019 and Decision 20 (2019) dated on 25 July 2019 5. Decision 20 (2019) of the Independent High Authority 151 for Elections dated on 25 July 2019 on the timeline of the 2019 presidential elections ••• Accreditation 154 6. Decision 9 (2014) of the Independent High Authority 154 for Elections, dated on 9 June 2014, on the requirements and procedures of the accreditation of domestic and international observers for the elections and referenda, as modified by Decision 2 (2017) dated on 10 April 2017 6 A COMPENDIUM OF LEGAL PROVISIONS PERTAINING TO ELECTIONS AND REFERENDA 7. Code of Conduct for Domestic and International 159 Observers of Elections and Referenda 8. Decision 10 (2014) of the Independent High Authority 162 for Elections, dated on 9 June 2014 on the requirements and procedures for the accreditation of domestic and international journalists for elections and referendumas modified by Decision 4 (2017) dated on 10 April 2017 9. Code of Conduct for Domestic and International 167 Journalists during Elections and Referendum 10. Decision 29 (2014) of the Independent High Authority for 170 Elections dated on 13 September 2014 on the accreditation of guests of the Authority during elections and referendum 11. Decision 31 (2014) of the Independent High Authority 172 for Elections dated on 6 October 2014 on regulating the requirements and procedures for the accreditation of agents representing lists, candidates and political parties, as modified by Decision 3 (2017) dated on 10 April 2017 12. Code of Conduct for the lists, candidates, political parties 177 and their agents during the elections and referendum •••• Voter Registration 182 13. Decision 6 (2017) of the Independent High Authority for Elections, dated on 11 April 2017 on the rules and procedures of voter registration for the elections and referendum ••••• Candidacies 193 14. Decision of the Independent High Authority for 193 Elections, dated on 1 August 2014 on the rules and procedures of candidate nomination for the legislative elections, as modified and complemented by Decision 15 (2017) dated on 10 October 2017 and Decision 17 (2019) dated on 14 June 2019 15. Decision 18 (2014) of the Independent High Authority 209 for Elections, dated on 4 August 2014 on the rules and procedures of candidacy for presidential elections as A COMPENDIUM OF LEGAL PROVISIONS PERTAINING TO ELECTIONS AND REFERENDA 7 modified and complemented upon Decision 18 (2019), dated on 14 June 2019 16. Decision 10 (2017) of the Independent High Authority 219 for Elections dated on 20 July 2017 on the rules and procedures of candidacy for the Municipal and Regional Elections, as modified and complemented by Decision 1 (2018) dated on 2 January 2018 •••••• Elections and Referendum Campaigns 234 17. Decision 22 (2019) of the Independent High Authority 234 for Elections, dated on 22 August 2019 on the rules and procedures regulating the campaigns for elections and referendum 18. Decision 20 (2014) of the Independent High Authority 249 for Elections, dated on 8 August 2014 on the rules, procedures and modalities governing the financing of election campaign as modified and complemented by Decision 17 dated on 23 October 2017 19. Decision 8 (2018) of the Independent High Authority 271 for Elections, dated on 20 February 2018 on determining the rules and requirements mass media need to comply with during the election and referendum campaign 20. Joint Decision of the Independent High Authority for 280 Elections and the High Independent Authority for Audio- Visual Communication dated on 21 August on determining the rules and procedures of coverage of audio-visual mass media of the presidential and legislative elections 21. Joint Decision of the Independent High Authority for 295 Elections and The High Independent Authority for Audio- Visual Communications dated on 14 February 2018 on the rules and procedures governing the coverage of Municipal and Regional Election campaigns, as modified by the join Decision of both authorities dated on 18 April 2018 22. Decision 27 (2014) of the Independent High Authority 307 for Elections, dated on 10 September 2014 on the rules 8 A COMPENDIUM OF LEGAL PROVISIONS PERTAINING TO ELECTIONS AND REFERENDA governing the use of foreign mass media by the lists running for elections in out of country constituencies ••••••• Polling, Sorting, Aggregation of Results 310 23. Decision 19 (2014) of the Independent High Authority 310 for Elections, dated on 5 August 2014 on the requirements and modalities of the appointment of members of polling centres, and methods of their replacement, as modified and complemented by Decision 3 (2018) dated on 9 January 2018 24. Decision 30 (2014) of the Independent High Authority 316 for Elections dated on 8 September 2014 on the rules and procedures of polling and sorting, as modified and complemented by Decision 2 (2018) dated on 2 January 2018 25. Decision 32 (2014) of the Independent High Authority 333 for Elections dated on 14 October 2014 on the rules and procedures of the calculation and announcement of results, as modified and complemented by Decision 33 (2014) dated on 6 November 2014 and Decision 4 (2018) dated on 9 January 2018 VIII. CIRCULARS 344 1. Prime Minister’s Circular 19 (2019) dated on 16 August 344 2019 on extending assistance to the Independent High Authority for Elections to live up to its functions 2. Prime Minister’s Circular 20 (2019) dated on 20 August 347 2019 on the adherence of the Administration to the principle of impartiality during the 2019 legislative and presidential elections 3. Central Bank Circular 4 (2019) dated on 7 August 2019 on 350 the bank accounts associated with the election campaign for the benefit of presidential candidates 4. Circular 5 (2019) of the Central Bank, dated on 7 August 355 2019 on the accounts associated with the elections campaign for the benefit of lists running for the legislative elections LAWS 9 I LAWS Organic Law 16 (2014) dated on 26 May 2014 on elections and referenda1, as modified and complemented, pursuant to Organic Law 7 (2017) dated on 14 February 20172, and Organic Law 76 (2019) dated on 30 August 20193. 1. Official Gazette, Issue 42, dated on 27 May 2014 2. Official Gazette, issue 14, dated 17 February 2017 3. Official Gazette, issue 70, dated on 30 August 2019. 10 A COMPENDIUM OF LEGAL PROVISIONS PERTAINING TO ELECTIONS AND REFERENDA Chapter I General Clauses Article 1 (new): The law herein pertains to the organization of the Presidential, Legislative, Municipal and Regional Elections as well as the referendum. Article 2: The elections will be conducted publicly, freely, directly, by secret ballot, fairly and transparently.