IRI pre-election assessment, January 1993

by the International Republican Institute

Executive summary

1. Introduction

2. The Unification Process and 1993 Elections

3. Political Parties

4. Political Analysis of the Election Process

5. Synopsis of the Electoral Law and Electoral Administration

6. Conclusions for 1993 National Elections

7. Conclusions for Democratic Development in Yemen

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5. Synopsis of the electoral law and electoral administration

The following is a synopsis of the Yemeni electoral law as translated into English (a copy of the translation used is attached). Several changes have been made throughout the law due to the postponement of the election beyond the original November 22, 1992 deadline, the date which marked the end of the 30-month formal transition period. This analysis serves to outline the overall framework of the electoral process, with the understanding that a great deal of the practical implementation will be subject to interpretation by the Supreme Election Committee.

The Country has been divided into 301 electoral districts. One member of the House of Representatives is elected from each electoral district. The law provides that such districts will have the same number of inhabitants with a possible 5% deviation from the average. The precise boundaries of the electoral districts had not been drawn as of mid-October 1992. As of publication of this report the boundaries have been delineated, but details as to "fairness", and ethnic or tribal considerations are unavailable.

According to the original law, the general elections are conducted according to the dates fixed by the constitution. The President and the Presidential Council shall issue the call for elections at least one month prior to election day. Procedures relating to the general elections shall be initiated according to the dates set in the election law, provided that the general elections shall take place in November of election year. In that the election was postponed from the constitutionally mandated November 22, 1992 deadline until April 1993, these sections of the law are amended accordingly.

Electorate - All citizens 18 years of age or older as of January 1 of the election year are eligible to vote. [Articles 2 & 7]. The Supreme Election Committee shall "take all appropriate measures to encourage women to (vote)" and shall set up committees for that purpose. [Article 5].

Voter Registry - Citizens may vote in the election district in which they have their domicile. If a person has more than one domicile, he or she may select the domicile in which to vote; provided, however, that a person cannot be registered in more than one electoral district and can only vote in the electoral district in which he or she is registered. [Article 4]. The election law defines domicile as (1) the usual place of residence of a person, (2) the person's main place of business, or (3) the residence of the person's family, even if the person does not live in such place. The election law does not provide for voting by absentee ballot, either by expatriate citizens or otherwise. Voting procedures for the military are not addressed by the election law, nor is voting by those who are travelling out of the district in which they are registered on election day.

Responsibility for establishing the registers containing the names and particulars of the voters in each electoral district is in the hands of Principal and Branch Committees, each of which appears to be composed of a president and two members. [Articles 7, 18 and 25a]. The area of jurisdiction and the composition of the committees shall be determined by the Supreme Election Committee. [Article 7]. While the election law (or the translation of the law) is not clear on this point, it would appear that the Branch Committees gather the raw data relating to voter registration and submit such material to the Principal Committees which prepare the definitive voter registry for each election district. [Article 7]. Voter registries become official when signed by the Principal Committees. The voter registry shall include surname, profession, date of birth, and voting domicile. [Article 8]. In general, review and amendment of the voter registry takes place in January of each year. The law provides that two months prior to the "date of the decision" (presumably this means or should read "two months prior to the date of the call for elections") to call elections, the voting registries shall be reviewed and corrected and names of voters shall be added and deleted. [Article 11]. The law provides that no amendment to the voting registry shall be effected after an election has been called. It is not clear from the law whether re-registration is required under any circumstances. Official copies of the voting registries for each electoral district stamped by the president of the respective Principal Committees will be posted from February 1st until February 15th in public squares and places within the limits of the electoral district and in the provincial directorate offices, and in all places determined by the Supreme Election Committee. [Article 12].

Any qualified voter domiciled in the electoral district may request that his or hers, or any other voters name be added or deleted from the registry. These requests must be made between February 1 to February 20 and are recorded in a special register, which all voters are entitled to review. [Article 13]. The "committee which has established the register" (presumably the cognizant Principal Committee, although this is not clear) may interview the individual concerned, conduct such investigation it deems appropriate, and must rule upon requests no later than March 15. [Article 14]. Copies of the committee's decision are posted between March 16 and March 20 in the places mentioned in Article 12 as identified above. [Article 15]. The decision of the committee may be appealed no later than April 15 to a court of "first instance having jurisdiction." Decisions of that court may be appealed to a judge appointed by the president of the court of appeals of the province. If necessary, several judges shall be appointed to consider the appeals in several election districts. The judges' decision shall be rendered by the end of May and shall be final. [Article 16]. Such final decisions will be reflected in the voter registries. [Article 17].

Every qualified voter shall be given a voter registration card which bears the voter's photograph, his or her four names, date of birth, voting domicile, and the number and date of registration, the electoral district in which he or she is entitled to vote. Qualified voters shall be given a temporary certificate reflecting that his or her name is registered in the voter registry. The temporary certificate shall be replaced by the voter registration card once the registration becomes final. [Article 18]. (Although the law or the translation is not clear, presumably registration becomes final when the voter registry is signed by the president and members of the Principal Committee of the relevant district. Transitional provisions of the election law provide that if, during the first general elections organized under the law, the Supreme Election Committee has not replaced the temporary certificate with the permanent registration card, voters who have been listed on the voter registry may vote by virtue of the temporary certificate. [Article 88]. The law provides that the certificate must be final (although it is not clear what this means) and shall mention the particulars contained in the voter's registration card, including the voter's photograph. Article 88 suggests that the Supreme Election Committee issue voter cards whereas the earlier sections of the law seem to indicate that the Principal Committees issue such cards. The final voter registries are deemed to be "unquestionable during the elections and no person is entitled to vote if his name is not mentioned in such registers." [Article 19].

Candidates - Any qualified voter is entitled to apply to be a candidate by filling out appropriate forms and submitting them to "the committee" (it is not clear which one) within ten days of the publication of the call for the general elections. [Article 52]. Candidates are entitled to peruse the candidates register, and the list of candidates for each election district is posted in the places mentioned in Article 12 on the day after the deadline for filing candidacy applications. A candidate may file in only one constituency. Candidates must be at least 25 years old, be capable of reading and writing, and, among other qualifications, be of "good morals and conduct and be practicing believer(s)." [Article 51]. Any official or "member of a local council" who applies for candidacy shall be deemed to have resigned from his or her office once the deadline for candidacy applications has passed; provided, however, that such official or member shall be reinstated in his or her office if unsuccessful in getting elected. Certain senior government officials including ministers, judges, military commanders, directors of state agencies and businesses, may not apply for candidacy in the area in which they work unless they have left their work in the electoral district concerned at least three months previously. [Article 55]. The transitional provisions of the law, however, provide that such period may be reduced to two months for the first general elections organized under the law. [Article 85].

A candidate may withdraw from the election by submitting a request in writing to the committee with which they have filed their candidacy application no later than seven days prior to the election. The withdrawal shall be recorded next to his or her name on the list of candidates and the Supreme Election Committee shall determine the steps necessary to make the public aware of the candidate's withdrawal. In addition, notice of the candidate's withdrawal is posted on the door of the election committees in the electoral district concerned.

Voting Process - Before the polls open, ballot boxes will be closed and sealed in the presence of the voters, candidates or their representatives (and presumably the members of the Committee) who are present to ensure that the boxes are empty. Polling takes place between 8 a.m. and 6 p.m. of the same day; provided, however, that voting shall continue until 8 p.m. if there are still voters at the polling stations. [Article 65]. Each voter shall present his voter registration card or, during the first general elections organized under the law, a temporary certificate. [Articles 63 and 88]. Article 63 provides that if the card is lost, its holder may vote after the committee has verified the voter's registration in the voter registry and after verification of his or her identity by appropriate means determined by the Supreme Election Committee. The president of the committee shall give the voter a ballot slip and the voter "shall express his opinion secretly in a polling booth." The voter shall then deposit his ballot in the presence of the president and both members of the committee (but without it being read by them) in the ballot box. After the ballot is deposited, the committee shall note on the voter registration list the fact that he or she has voted and an indelible substance apparently is to be placed on voter's thumbs (as implied by Article 31). If a voter is illiterate, he or she may be assisted by "another voter whom he trusts and by the president of the committee or one of its members" to record his vote secretly on the ballot which he shall personally put in the ballot box. Article 64.

Counting the Vote - At the conclusion of the voting, the members of the appropriate election committee shall lock and seal with sealing wax the ballot box in the presence of the candidates or their designees who shall then attest by signature that they were witnesses to the sealing of the boxes. A summary of the voting activities shall be drawn up, including the number of voters who have voted and the number who have not voted and the names of the voters who have lost their voter registration cards and the number of ballots used and unused. Such documents shall be signed by the president and both members of the committee and the candidates or their designees prior to transferring the ballot boxes and documents. The ballot box shall be taken to the "seat of the original committee" for the counting of the votes of all the ballot boxes of the electoral district concerned in the presence of all of the presidents and members of the Principal and Branch Committees under the chairmanship of the president of the Principal Committee. [Article 66]. All ballot boxes shall be opened and the ballots counted in the presence of the committee presidents and members and the candidates or their designees. [Article 67].

A committee shall be established to make decisions on the validity of the ballots. A ballot shall be invalid if (1) the voter votes for too many candidates, (2) the paper on which the vote is recorded is other than the ballot paper delivered to the voter by the president of the committee, or (3) if the vote is in any way conditional. [Article 68].

A candidate shall be elected by a plurality of the valid votes. If there is a tie, the winner is decided by drawing lots cast by the "counting committee." [Article 69].

The president of the committee shall "declare" the name of the winner in each electoral district. The final report on the voting will be signed by the president and the members of the committee. The original copy of the report shall be sent to the Supreme Election Committee together with the ballot papers, and that committee shall hold such documents until the deadline for challenging election results has passed or until such challenges are resolved by the House of Representatives. [Article 70].

The Supreme Election Committee shall verify the election results and, except in cases where the results have been challenged before the "high court," publicly announce them within 27 hours of the "release of the results by the election committees."

Contesting the Election Results - Prior to the issuance of election certificates to the winning candidates by the Supreme Election Committee, any voter may challenge the validity of the voting operations or the results of the election by submitting a petition to the "high court" no later than 48 hours following the release of the results. [Article 72]. (The relationship between Article 71 and Article 72 is not clear-especially with respect to the timing of the release of the results and the deadline for challenges.) The high court shall make a decision with respect to the challenge within 3 days of the lapse of the 48 hour deadline for challenging the results. The high court's judgment with respect to the matter shall be final.

Alternatively, all voters and candidates are entitled to submit to the House of Representatives a petition challenging the validity of the House of Representatives membership of a winning candidate, indicating the legal grounds for the challenge, within 30 days of the release of the election results in the electoral district concerned with payment of a guarantee amounting to 20,000 riyals. (Note that it is not clear when the Supreme Election Committee shall deliver the certificate of election to the winning candidate, although it seems implicit that this certificate will be delivered following the expiration of the 48 hour deadline for challenging the results. Thus, the alternative method to challenging the validity of House of Representatives membership appears to be exercisable following the issuance of the election certificate.) Under this procedure, the "presidency of the House of Representatives" shall send the petitions, within 20 days of the House of Representatives being seated, to the high court for review. The decision of the high court shall be notified to the House of Representatives within 60 days from the date the petition is submitted to the House of Representatives. The challenged membership is not deemed void until a decision is rendered by a 2/3 majority of the members of the House of Representatives. [Articles 75 and 76].

Election Offenses - Penalties for violation of the provisions of the election laws shall be applied exclusively by the courts. The following shall be punishable by 6 months imprisonment [Article 78:

1. Removing valid names or adding invalid or unqualified voters names to the voter registry;

2. Violation of any of the provisions of the election law relating to the conduct of the campaign;

3. Voting with the knowledge that one is fraudulently registered or has been disqualified for voting;

4. Voting on behalf of someone else or more than once;

5. Disclosing the vote of another person without such person's consent;

6. Unlawfully entering or refusing to leave the polling place;

7. Taking part in a demonstration or rally on election day;

8. Theft, concealment, destruction or cancellation of documents concerning the elections.

The following shall be punishable by one to two years imprisonment [Article 79]:

1. Use of force or threat to prevent a voter from voting for or against a candidate;

2. Offering a bribe to vote a certain way or not to vote;

3. Asking for or accepting a bribe to vote a certain way or not to vote;

4. Carrying firearms into the polling place;

5. Swearing at, slandering or attacking the election committee or any of its members during the election process.

The following shall be punishable by eighteen months to three years imprisonment or a fine up to 80,000 riyals, in addition to application of criminal penalties as appropriate [Article 80]:

1. Theft, obstruction or cancellation of the voter registry or amendment of its results;

2. Breaching "the voting freedom or order or (using) force or threats."

Electoral Administration

Overall responsibility for the preparation, supervision, and organization of the general elections is with the Supreme Election Committee. The Supreme Election Committee is comprised of a president, a vice president and five members at least and seven members at most, appointed by the Presidential Council from a list of fifty names proposed by the House of Representatives. The Presidential Council may appoint additional members to the committee during the election year from among the list of candidates mentioned above, to assist with the election process. The GPC and the YSP each have three representatives on the Supreme Election Committee. Two of the members are independents, and the remaining members represent the other major parties. Each of the members is appointed to a term of four years.

The Supreme Election Committee has broad authority to administer, control, and supervise the general elections. As part of its responsibilities, the Supreme Election Committee has the authority to appoint the president and members of the Supervisory Committees, the Principal and Branch Committees responsible for establishing the voters registers, and the Principal and Branch Committees entrusted with the administration of the election. In addition, the Supreme Election Committee is responsible for preparing the forms, registers, documents, papers, ballot boxes, and ballot papers for the electoral process, and for laying down the rules and issuing the appropriate instructions to "guarantee the security measures required to ensure that the elections are free and safe." [Article 25]. In addition, the Supreme Election Committee is responsible for preparing a "guidebook" for the use of the voting committees.

The election law provides that the Supreme Election Committee shall have the authority to appoint additional committees, as necessary, to assist it in fulfilling its duties and responsibilities. It will be necessary to obtain clarification of the names and functions of the various committees. The translation of the election law reviewed contained references to Principal and Branch Voter Registers Committees, Principal and Branch Election Committees, Original Committees, Supervisory Committees, and Counting Committees. The functions of these different committees and their relationship to each other needs to be determined as such matters are not clear on the face of the translation of the election law made available to us.

There is no provision in the election law for independent domestic or international poll watchers or election observers. In fact, Article 61 of the law seems to preclude such activities. However, in an October 12, 1992 meeting with the Foreign Minister of Yemen and the U.S. Ambassador to Yemen, the Foreign Minister advised the IRI delegation that international poll watchers were welcome and that he would take steps to ensure that such observers obtain invitations and credentials from the appropriate department or agency of the government.

The Organization of the Election Campaign - The Supreme Election Committee is responsible for laying down rules governing the conduct of the election campaign in accordance with the provisions of the election law. [Article 34]. The broad power of that committee includes authority to prevent all government news media from broadcasting or publishing any news regarding the elections without its approval and supervision. [Article 35]. The law provides that the Supreme Election Committee shall ensure equal access by all candidates to state audio-visual media and press for the purpose of presenting their electoral platform. [Article 36]. Under the election law, financing election campaigns with public funds or from the budgets of ministries, state businesses or companies or public bodies or from foreign sources is prohibited. [Article 37]. The use of public businesses and services for the election campaign is also prohibited.

Campaign literature and posters may be placed in areas designated "as of the fourteenth day prior to the elections." The Supreme Election Committee shall guarantee that equal space is granted to the candidates for posting such material. [Article 38]. Strict controls on the quantity of electoral posters and notices are imposed by the law. [Articles 39-41].

Electioneering on election day is prohibited. In general, on election day, candidates, government officials, and local authorities may not distribute cards, leaflets or programs or work on behalf of candidates. [Article 42]. (This provision requires clarification insofar as it seems to imply that government officials may engage in such activities at other times.)

Candidates are permitted to organize meetings for the presentation of their electoral platforms. The regulations governing such meetings shall be laid down by the Supreme Election Committee. However, mosques, prayer places, schools, institutes, government offices, barracks, public facilities, clubs, and playgrounds may not be used for the election campaign in any way whatsoever. [Article 44]. Somewhat contradictorily, Article 44 also provides that the Supreme Election Committee may, if necessary, authorize the equal use of designated schools by all candidates for electoral meetings. The law imposes strict, but general, controls on methods of publicizing the candidates message. [Article 45]. The law explicitly provides that it is an election offense to destroy the posters or otherwise disrupt the campaigns of candidates. [Article 46].

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