General policies and principles

The National Elections Commission (NEC) is established by the Interim Constitution of the Republic of Sudan (2005, Article 141). Schedule (A) of the Interim Constitution (Article 37) determines that the “Laws providing for National elections and their supervision by the National Elections Commission” are exclusively the prerogative of the national executive and legislature.
The Interim Constitution further specifies in Article 141 3) that the general rules and procedures governing elections and the functions, terms and conditions of service of the National Elections Commission is determined by a National Elections Law, that is to say the National Elections Act 2008. The National Elections Act (2008, 10.(1)) stipulates that: “The Commission shall ensure and guarantee the enjoyment by all citizens without discrimination the exercise of their political rights to nominate and freely express their will in secret ballot in every periodic elections or referendum to be conducted under the provisions of the Constitution and this Act”.

Interpretation of concepts of  ”The National Elections Act 2008″

“Referendum”

means the process of taking the opinion of all voters in case of reference of any matter relating to the national or public interest for referendum in accordance with Article 217 of the Interim National Constitution of the Republic of the Sudan 2005, excluding the referendum referred to in sections 183(3) and 220 of the same Constitution,

“Population census”

means the census which shall be conducted according to the provisions of the Constitution,

“Secretariat General”

means the Secretariat General of the National Elections Commission provided for under section 15,

“The Elections” 

means taking the opinion of the voters according to the Interim National Constitution of the Republic of the Sudan 2005 and this Act,

“Political Party” 

means the Political Party registered under the Political Parties Act 2007,

“Geographical Constituency”

means the Geographical area comprising the voters for the election of the President of the Republic,  the Governors, provided that the number of citizens in the constituency shall not be more or less than the electoral or national dividend except as per the conditions provided for in this Act,

“Constitution”

means the Interim National Constitution of the Republic of the Sudan 2005,

“Chairperson” 

means the Chairperson of the National Elections Commission elected under section 6(4),

“Chief of the Polling Committee”

means the person appointed under section 20(3),

“Chief of the Polling Centre”

means the person appointed under section 20(3),

“The Electoral Register”

means the General Electoral Register which shall include the names of persons entitled to vote and contribute in the referendum according to the provisions of the Constitution and this Act,

“Election Conduct” 

means doing or refrain from doing any act or carry out any procedure relating to the elections or referendum,

“Election Officer”

means the person appointed under section 20(1),

“Member”

means the member of the National Elections Commission provided for under section 6(1),

“National Dividend” 

means the result of the division of the whole number of the population of the Sudan by the number of seats designated to the National Assembly to represent the geographical constituencies as specified in section 35,

“Rules” 

means the rules made under the provisions of this Act,

“Returning Elections Officer”

means the person appointed under section 20(1),

“High Committees”

means the High Committees provided for under section 18,

“Branch Committees”

means Branch Committees for any elections or referendum formed according to section 19,

“Legislative Assemblies”

includes the National Legislature, the Southern Sudan Legislative Assembly and the States Legislative Assemblies,

“Court” 

means the National Supreme  Court,

“Competent Court”

means the Court specified by the head of the National Judiciary , as the case may be, to be competent to rule on appeals and contraventions presented in accordance with the provisions of this Act,

“Commission”

means the National Elections Commission established under the provisions of section 4(1),

“Voter”

means a person who is eligible to vote and participate in referendum, and registered in the Electoral Register as provided for under sections 21 and 22,

“Ballot Card” 

means the card officially issued by the Commission for polling by the voter for any elections or referendum to be conducted under the provisions of this Act,

“Competent Judge”                            

means the judge specified by the head of the National Judiciary  to chair the committee to consider the objections against the details of the electoral register provided for in section 24(2).

“Party List”                                  

means the State closed party list containing 15% of the total number of the members of any Legislative Assembly and nominated by the party

“Women List”

means the State separate closed list relating to women which contains 25% of the total number of any Legislative Assembly and nominated by a political party.

“Qualifying Percentage”

means the standard qualifying to compete for obtaining a seat in Legislative Assemblies in case of election through the proportional representation by party or women lists.

“Power of the Seat”

means the dividend obtained from the result of the division of the total valid votes for all the lists of the proportional representation of the Legislative Assembly concerned by the number of seats designated in the Legislative Assembly concerned, whether for a party list or women list, as the case may be.