Nomination for Election of the President of the Republic, and The Governor.
Eligibility and Conditions for Nomination
(1) A person to be eligible as candidate for election as President of the Republic, President of the Government of Southern Sudan or Governor, in furtherance of the provisions of the Constitution, shall meet the following qualifications:
(a) be a Sudanese by birth;
(b) be of sound mind;
(c) be at least forty years of age;
(d) be literate;
(e) not have been convicted of an offence involving honesty or moral turpitude.
(2) The Commission may request such evidence as it deems necessary of the qualifications specified in sub-section (1).
(3) Any eligible voter may nominate whoever he or she deems fit for the office of the President of the Republic, President of the Government of Southern Sudan or Governor, in accordance with the provisions of the Constitution.
(4) A person may only be nominated to one of the offices of the President of the Republic, President of the Government of Southern Sudan or Governor.
Secondment of Nominations
(1) A person so nominated under section 41(3) for the office of the President of the Republic shall be seconded by fifteen thousand registered voters from at least eighteen of the States, with no less than two hundred voters from each State.
(2) A person so nominated under section 41(3) for the office of the President of the Government of Southern Sudan shall be seconded by ten thousand registered voters from at least seven of the Southern Sudan States, with no less than two hundred voters from each State.
(3) A person so nominated under section 41(3) for the office of the Governor shall be seconded by five thousand registered voters from at least half of the localities within the State concerned, with no less than one hundred voters from each Locality.
(4) The Commission shall publish and disseminate the forms for the collection of signatures according to the rules.
Application for Nomination to the Office of the President of the Republic,or the Governor
(1) The application for nomination of a candidate for election as a President of the Republic, President of the Government of Southern Sudan, or Governor shall be submitted by a political party, the candidate or by any other person duly authorized by him or her, directly to the Commission, at the time, date and place specified thereby.
(2) The day or days appointed by the Commission for the submission of nomination applications shall be not more than ninety days and not less than sixty days before polling day. The Commission shall publish notice of nomination day(s) in the Official Gazette and/or by any other publication means at least fifteen days prior to the date of nomination.
(3) Subject to the provisions of the Constitution, the application for nomination shall be submitted on the form and in the format prepared by the Commission, which shall include the information as specified in the Rules, together with a deposit, to be made to the Commission, of ten thousand Sudanese Pounds for nomination to the office of the President of the Republic, five thousand Sudanese Pounds for nomination to the office of the President of the Government of Southern Sudan and two thousand Sudanese pounds for nomination to the office of the Governor, which shall be refunded if the candidate secures more than ten percent of the valid votes cast in the election, or if he or she withdraws at any time forty five days prior to polling day.
(4) Every candidate nominated under sub-section (1) shall submit a signed certificate of her/his assets and liabilities for the year prior to the date of nomination including the assets of his spouses and children in the form specified by the Commission
Invalidation of Nomination
The application submitted in accordance with section 43(1) shall be regarded as invalid if such person is not eligible to be a candidate for the relevant office and has not met the requirements laid down in sections 41 and 103, or any other requirements laid down in this Act.
Inspection of Nominations
(1) The Commission shall publish, after the close of nominations, a list of the names of the persons who have made applications to be nominated under section 43(1), including the names of the persons who proposed them, the name of the political party they are affiliated to, and whether they intend to contest as independent candidates. The above mentioned list shall be made public to all those persons and political parties mentioned in the list, to enable them to inspect the list and submit any objections thereto.
(2) The Rules shall specify the periods for publication of the lists and submission of objections, mentioned in sub-section (1), and the manner to rule on all objections expeditiously.
(3) The Commission shall publish a list of nomination applications that have been accepted and those that have been rejected, detailing the reasons for which such applications have been rejected, on the day immediately after the close of the period for ruling on the objections as determined by the Commission.
Appeals Against the Nomination Application
(1) A person whose application to be a candidate under section 43(1) has been rejected, or the persons or political party that proposed her/his nomination may appeal against the decision of the Commission to reject her/his application to the Court within seven days from the publication of the Commission’s decision under section 45 (3).
(2) The Court shall decide on any appeal within a period of seven days from the date of receipt of the appeal and make public its decision. The Court may for this purpose issue any order on any related matter pending before it.