CODE OF CONDUCT FOR ELECTORAL OFFICIALS

Transcription

1 Meshrano Jirga Election Procedures Afghanistan 2005

2 TABLE OF CONTENTS 1. Code of Conduct for Electoral Officials About the Election Meshrano Jirga Election Officials Persons Present During Election Proceedings Election Materials Before the Election Election Proceedings Set-up Election Proceedings in Seven Steps Completing M03 Meshrano Jirga Election Returns Form ANNEXES Annex 1 Meshrano Jirga Election Table Annex 2 Meshrano Jirga Kit List Annex 3 M01-Meshrano Jirga Nomination Form.. 23 Annex 4 M03-Election Returns Form 24 Annex 5 Complaints. 28 JEMBS PPR Meshrano Jirga Procedures v1d eng Page 2 of 27

3 Islamic Republic of Afghanistan Joint Electoral Management Body JEMB CODE OF CONDUCT FOR ELECTORAL OFFICIALS This Code of Conduct comes from the Presidential Decree on the Electoral Law. The legal and ethical standards described in the Code are intended to guide the activities of Electoral Officials during the entire Electoral Process from beginning to end, including candidate nomination, registration political campaigning, polling, and counting. All Election Officials must obey these standards and implement them with common sense and good faith. Please be aware that the Election Complaints Commission can sanction Electoral Officials for any violations of the Code of Conduct. Electoral Officials: 1. Shall comply with the Constitution, all electoral laws, and all other laws of Afghanistan, including regulations, instructions, and procedures issued by the JEMB and the JEMB Secretariat and shall implement them in an impartial, non-partisan and politically neutral manner; 2. Shall, to the best of their ability, ensure everyone s fundamental rights of freedom of opinion and expression, association, assembly, and movement at all stages of the electoral process; 3. Shall treat voters, candidates, members of the press or media, and all others in a respectful, impartial, and politically neutral manner; 4. Shall not indicate on clothing or by action, attitude, or speech, support for any political party or candidate; 5. Shall behave honestly and transparently with regard to their duties and decisions by cooperating to the extent allowed by law with Observers, Agents, Voters, Candidates, and members of the press or media; 6. Shall not use or attempt to use their position for personal gain, and shall not accept gifts, money, or any other personal benefits from anyone other than the JEMB or the JEMB Secretariat; 7. Shall declare any private interests relating to and conflicting with their JEMB duties to the JEMB and shall take all actions necessary to resolve those conflicts in a way compatible with their duties; 8. Shall respect the secrecy of the ballot; 9. Shall protect the privacy of any personal or otherwise confidential information; 10. Shall treat all persons with honor and respect, keeping in mind their gender, religion, belief, age, disability, and regardless of their social origin or personal status. 11. Shall attend all training sessions and familiarize themselves with all relevant procedures provided by the JEMB Secretariat prior to the start of duties. I have read, understand, and will abide by the above Code of Conduct: Signed in on, 2005 by Name of Electoral Official Signature of Electoral Official JEMBS PPR Meshrano Jirga Procedures v1d eng Page 3 of 27

4 2. About the Election The electoral law requires that each Provincial Council elect two representatives to the Meshrano Jirga within fifteen days of the establishment of the Provincial Council. One representative serves a full-term of four years and one representative serves a transitional term (not to exceed a period of four years). First Meeting of the Provincial Council The Provincial Council is established at its first meeting, provided the required quorum is met (more than half of the Provincial Council). The eldest member presides over the first meeting at which the Provincial Council elects its officers, including the Chairperson, Deputy Chairperson, and Secretary. The National Provincial Election Officer (NPEO) is present at the first meeting to explain the Meshrano Jirga election process and to distribute information on the procedures and Form M01-Meshrano Jirga Nomination. Nomination Period In order to stand as a candidate in the Meshrano Jirga election, a Provincial Council member must be at least 35 years of age on the day of candidacy and must nominate her/himself by submitting Form M01-Meshrano Jirga Nomination to the NPEO. The NPEO accepts nominations on a rolling basis, starting from the first meeting of the Provincial Council and ending on the day of the election proceedings with the production of the Meshrano Jirga election ballot. All eligible Provincial Council members who have submitted the Form M01-Meshrano Jirga Nomination in the given time will appear on the Meshrano Jirga election ballot. Election Proceedings The Meshrano Jirga election is planned to take place ten days after the establishment of the Provincial Council, provided the required quorum is met (at least two-thirds of the Provincial Council). The Provincial Council Presiding Officer presides over the election proceedings, under the direction of the NPEO. For selection of both Meshrano Jirga representatives in the first round of voting, one candidate must receive votes from more than half of the Provincial Council members present. This candidate is selected to be the full-term representative. The candidate who receives the second highest number of votes is selected to be the transitional representative. If two or more candidates receive the second highest number of votes, lots are drawn to determine the candidate selected to be the transitional representative. If no representatives are selected in the first round, a run-off is held between the two candidates with the highest number of votes. In the event there are more than two candidates with the highest number of votes, lots are drawn to determine which two candidates advance to the run-off. JEMBS PPR Meshrano Jirga Procedures v1d eng Page 4 of 27

5 3. Meshrano Jirga Election Officials Chain of Command: The NPEO takes overall responsibility for ensuring the proper conduct of the election, in accordance with procedures. The Presiding Officer is responsible for conducting election proceedings under the direction of the NPEO. Responsibilities of the Presiding Officer 1. Conducts the Meshrano Jirga election proceedings, under the direction of the NPEO. 2. Maintains order during the election proceedings. 3. Reports to the NPEO for assistance in dealing with any problems and for procedural guidance. 4. Ensures that all present during the election proceedings are well-informed about the election proceedings. Who is the Presiding Officer? The Provincial Council Chairperson presides over the Meshrano Jirga election unless s/he is a candidate or is absent. If the Chairperson is unable to preside, the Vice Chairperson acts as the Presiding Officer unless s/he is also a candidate or is absent. If the Vice Chairperson is unable to preside, the eldest member of the Provincial Council who is not a candidate acts as the Presiding Officer. Responsibilities of the NPEO 1. Explains the Meshrano Jirga election process at the first Provincial Council meeting and distributes information. 2. Takes overall responsibility for the proper conduct of the election, according to procedures. 3. Directs the Presiding Officer throughout the election proceedings as necessary. 4. Records in the Meshrano Jirga Logbook all incidents which have a bearing on election activities. 5. Receives nomination applications on Form M01 Meshrano Jirga Nomination, assists Provincial Council members in form completion as necessary, and ensures forms are properly stored and transferred. Note: A JEMBS official is designated to undertake election activities if the NPEO is unavailable. Suspending Meshrano Jirga Election Proceedings It is the responsibility of the NPEO to suspend or adjourn Meshrano Jirga election proceedings if s/he believes they are not fair or impartial according to the procedures. The NPEO has sole discretion to suspend or adjourn the proceedings if: The Presiding Officer refuses to take direction or to act impartially. If the Provincial Council refuses to listen to instructions or becomes disorderly. If the secrecy of the vote is compromised. The procedures are not being followed. JEMBS PPR Meshrano Jirga Procedures v1d eng Page 5 of 27

6 The NPEO and Presiding Officer must: Behave impartially at all times. Impartial behavior is essential for a free and fair electoral process. Be familiar with all relevant procedures and ensure they are properly followed. Protect sensitive materials and adhere closely to data protection and storage procedures. Serve Provincial Council members diligently and courteously. 4. Persons Present During Election Proceedings Persons Authorized Entry The following persons are authorized to be present during election proceedings. All persons must display their official badges at all times during the proceedings and must carry photo identification. JEMB and JEMBS staff (and staff designated by the JEMB and JEMBS ) Provincial Council Members the Provincial Election Commission (PEC) Accredited Observers Accredited Media representatives Accredited Special Guests Accredited Interpreters Security Officials (only when called upon to restore order) Accredited agents are not authorized to be present during election proceedings. Role of the Provincial Election Commissions The PEC works with the JEMBS and the ECC to ensure that election proceedings are carried out in accordance with the constitution, Electoral Law, and JEMB regulations and procedures. The PEC is present as a witness for the election proceedings and must act in accordance with the JEMB Code of Conduct for Electoral Officials. The PEC will countersign M03 Election Returns Form, as a witness. The PEC may do the following: Take notes during election proceedings. Raise concerns to the NPEO regarding correct adherence to procedures. Receive complaints on the Meshrano Jirga election. The PEC may not: Interfere with or obstruct election proceedings. Compromise the secrecy of the vote in any way. Role of Observers Accredited election observers are members of impartial international and domestic nongovernmental organizations. Observers play an important role in providing accountability in the electoral process. Observers are allowed to: JEMBS PPR Meshrano Jirga Procedures v1d eng Page 6 of 27

7 Observe election proceedings provided they do not compromise the secrecy of the vote. Raise concerns with the NPEO or Presiding Officer. Record concerns in the Meshrano Jirga Logbook. File a written complaint to the ECC. See and record information on Form M02 - Meshrano Jirga List of Voters and M03 - Election Returns Form. Observers are not allowed to: Obstruct the functions of the NPEO, Presiding Officer or PEC. Handle any election materials. Observe a Provincial Council member marking a ballot. Speak directly with Provincial Council members until after election proceedings adjourn. Campaign for a Meshrano Jirga election candidate in any way. This includes displaying a symbol of any election candidate or political party or bringing campaign information into the meeting room. Role of Media Representatives Accredited media representatives report to the public on the conduct of the election. Media representatives may not film or copy any part of the process which is confidential or which may reveal personal details that should not be made public (such as personal contact information). Media representatives are allowed to: Enter the meeting room if this does not disrupt proceedings. Observe election proceedings, provided they do not compromise the secrecy of the vote. Undertake an interview with any person present, if they agree to this, after election proceedings adjourn. Media Representatives are not allowed to: Interview any person present (the NPEO, Presiding Officer, PEC or a Provincial Council member, Observer, or Special Guest) from the commencement of preelection proceedings until the adjournment of election proceedings. Film, photograph or interview any individual without her/his consent. Film or photograph marking of ballots, or acquire any pictures, film footage or audio commentary which records personal details. Handle any election materials. Media Interviews During interviews, the NPEO or PEC may respond to general factual questions, but may not offer commentary or opinions. All interviews must take place after the election is adjourned. The NPEO or PEC member may respond to questions on the following: The overall conduct of the Meshrano Jirga election proceedings. Meshrano Jirga election procedures. Election duties and the information and training received. JEMB Code of Conduct for Electoral Officials. They may not comment on rumours or offer opinions, such as: JEMBS PPR Meshrano Jirga Procedures v1d eng Page 7 of 27

8 Commentary about Provincial Council members, political parties, or the Wolesi Jirga, Provincial Council or Meshrano Jirga elections. Interpretations about the outcome of the election or other related issues. Permitting Entry The NPEO is responsible for permitting entry to the Provincial Council meeting room. Observes, Media representatives and Special Guests are directed to the NPEO who check her/his accreditation badge and photo identification. The NPEO will deny access to anyone who does not have the appropriate identification. The number of Observers, Media, and Special Guests allowed in the meeting room is solely at the discretion of the NPEO. There should be no more than two Observers or Media from the same entity allowed into the meeting room at the same time. Ensuring Security An appropriate level of security is provided for the election proceedings. The role of Security Officials is to provide security to the electoral process, including that of Provincial Council members, JEMBS Officials, and election materials. Under direction of the NPEO, the Presiding Officer is responsible for keeping order during the proceedings. Security Officials will remain outside the meeting room unless their presence is needed inside to address an emergency. They may enter the meeting room if invited by the NPEO or Presiding Officer to restore order. They will leave the meeting room as soon as the situation is under control. Security Officials will keep order outside the meeting room and regulate activities inside the meeting room. If requested, they will they will remove from the meeting room anyone who behaves in a threatening or aggressive manner or fails to comply with the instructions of the NPEO or Presiding Officer. Security Officials may also be responsible when circumstances permit to conduct physical searches of persons at key access points to ensure that a secure environment is maintained. Note: Security Officials are not to interfere with or seek to influence the electoral process in any way. JEMBS PPR Meshrano Jirga Procedures v1d eng Page 8 of 27

9 5._Election Materials Prior to the start of the first meeting of the Provincial Council, the NPEO receives a Meshrano Jirga election kit which includes all the materials needed to conduct the Meshrano Jirga election. The NPEO must check the contents of the kit against the kit list (Annex 1) to ensure all materials are included. Any missing items must be immediately reported to JEMBS Provincial Logistics Coordinator (PLC). The kit must be placed in lockable storage when not in use. Meshrano Jirga Election Ballot The Meshrano Jirga ballot contains the same candidate information in the same order as it appeared on the Provincial Council ballot (candidate name, photo, and symbol). Handling of Materials a. Election Essential Materials 1. List of Provincial Council members 2. Meshrano Jirga Logbook 3. Form M01-Meshrano Jirga Nomination (see Annex 2) 4. Ballot paper 5. ECC01-Complaints Form (when in use) 6. Laptop containing the software program for ballot production. 7. Printer 8. Form M02- Meshrano Jirga List of Voters 9. Form M03-Election Returns 10. Voting Screen 11. Ballot Box All materials containing personal data about Provincial Council members and those which may be used for fraudulent purposes are sensitive materials. Sensitive materials must be kept in locked storage or under JEMBS staff supervision at all times. Personal details may not be given out to or copied by anyone, except for JEMB or JEMBS staff. The NPEO will also have all necessary stationery items required to conduct the Meshrano Jirga election process. JEMBS PPR Meshrano Jirga Procedures v1d eng Page 9 of 27

10 Meshrano Jirga Election Forms and Documents Documents When Used Description List of Provincial Council Members Form M01- Meshrano Jirga Nomination Form M02 Meshrano Jirga List of Voters Form M03 Election Returns Ballot Paper ECC01-Complaints Form Meshrano Jirga Logbook First meeting of the Provincial Council. Rolling basis, from first Provincial Council meeting to the Meshrano Jirga election proceedings. Day of Meshrano Jirga election proceedings. Day of Meshrano Jirga election proceedings. Day of Meshrano Jirga election proceedings. Throughout the electoral process. List of Provincial Council members including name, photo and age in order to identify members and take attendance. Application for candidate nomination for the Meshrano Jirga election. To mark attendance of Provincial Council members and ballots issued. Includes the following information: name of Provincial Council member, photo, attendance tick boxes and two signature fields. Record of election results, submitted to JEMBS HQ for JEMB certification. Pre-printed ballot paper templates used to produce the ballot papers, according to nominations received. For filing a written complaint to the ECC. The NPEO records election proceedings and other relevant details in the Meshrano Jirga Logbook. The province name must be written on the front cover. The following are recorded: Notes from the first Provincial Council meeting: o Details about the establishment of the Provincial Council. o Confirmation that Provincial Council members were informed about the Meshrano Jirga election and were provided information. o Any other details pertaining to the Meshrano Jirga election. List of Meshrano Jirga Candidate Nominations and Withdrawals Minutes from the Meshrano Jirga election proceedings: o Date and times when proceedings are convened and adjourned. o Attendance of Observers, Media representatives and Special Guests. o Candidate nominations Record of candidates appearing on the Meshrano Jirga ballot. Date the candidate submitted Form M01-Meshrano Jirga Nomination. o Candidate withdrawals If a candidate withdraws, note this down on a separate page and have the candidate provide her/his signature or thumbprint. o Ballot box seal numbers o Results from the first round of the election. o Results from the run-off election as necessary. o Results from the drawing of lots, as necessary. Other Events:

11 o o Any occurrences related to the Meshrano Jirga election prior to the day of election proceedings, such as visits by candidates to the JEMBS Provincial Office. Any noteworthy details having a bearing on election proceedings. Material Transfer All Meshrano Jirga election materials and documents are kept at the JEMBS Provincial Office until the election proceedings are adjourned. After the election, all materials are placed in the Meshrano Jirga election kit for transfer to JEMBS Headquarters in Kabul. Materials are packaged and transported according to material transfer instructions provided. 6. Before the Election The First Provincial Council Meeting The Provincial Council is established its first meeting, provided the required quorum is met (more than half of the Provincial Council members; see Annex 4). If there is no quorum, the meeting should be adjourned and rescheduled for the soonest possible date and time. The first Provincial Council meeting should result in the election of Provincial Council Officers including the Chairperson, Deputy Chairperson and Secretary in accordance with procedures set forth in the Provincial Council Law. Remember The NPEO is responsible for Meshrano Jirga election proceedings only and cannot interfere with other Provincial Council business (i.e., election of Provincial Council Officers). The appropriate provincial government body is responsible for providing a meeting room and for making all other logistical arrangements for Provincial Council meetings including the Meshrano Jirga election. The NPEO is present at the first Provincial Council meeting in order to: Explain Meshrano Jirga procedures and provide information and materials. Distribute Form M01-Meshrano Jirga Nomination to interested members and assist with form completion, as necessary. Provide the List of Provincial Council Members. The List of Provincial Council Members includes the names and ages of the members according to JEMBS candidate nomination information. All members listed as 35 or older are eligible to nominate themselves as candidates for the Meshrano Jirga election. The NPEO will inform Provincial Council Members that if a candidate s age is listed as incorrect and this would make the candidate ineligible, then s/he may file a complaint to the ECC within two days from the first Provincial Council meeting. JEMBS PPR Meshrano Jirga Procedures v1d eng Page 11 of 27

12 Nomination Period A Provincial Council member wishing to stand as a candidate in the Meshrano Jirga election must meet the following age and application requirements: Be at least 35 years of age on the day of announcing candidacy (i.e., the day of submitting Form M01-Meshrano Jirga Nomination to the NPEO). Submit completed Form M01- Meshrano Jirga Nomination to the NPEO at any time from the first meeting of the Provincial Council until the day of the election proceedings, before the ballot is finalized. The NPEO is responsible for the following: Ensuring applicants meet the age requirement by checking the candidate s age stated on the List of Provincial Council Members. Assisting with completion of Form M01-Meshrano Jirga Nomination as needed. Answering questions about Meshrano Jirga election procedures. Keeping track of all submitted Form M01-Meshrano Jirga Nomination and recording the candidate s name in the Meshrano Jirga Logbook. Completing Form M01-Meshrano Jirga Nomination 1. Enter province name where the candidate is a Provincial Council member. 2. Enter the candidate s name as listed on the Provincial Council List of Members. 3. Enter the candidate s age. Note: the candidate must be at least 35 years of age on the day s/he submits Form M01-Meshrano Jirga Nomination. 4. Enter the candidate s gender. 5. Enter the candidate s current address including description of address in the spaces provided. 6. Enter the candidate s telephone or contact number. 7. Ensure candidate provides signature or thumbprint after understanding the declaration. JEMBS PPR Meshrano Jirga Procedures v1d eng Page 12 of 27

13 7. Election Proceedings Set-Up On the day of the Meshrano Jirga election proceedings, the NPEO arrives at the Provincial Council meeting room one hour before the proceedings are convened. 1. Sets Up the Meeting Room The NPEO must set up the Provincial Council meeting room in a way that ensures that: o o o o o o Furniture and materials are organized to facilitate orderly flow. Voting screens are placed to guarantee privacy. Pens are placed in the voting screen. The ballot box is positioned away from the voting screen and is clearly visible. The election table (where the Presiding Officer and NPEO sit) is clearly visible. A separate area is reserved for the PEC and for Observers, Media representatives and Special Guests. 2. Checks and Arranges Materials The NPEO checks all materials against the Meshrano Jirga election kit list and contacts the JEMBS PLC if any items are missing. The NPEO arranges all required materials, ready for the start of election proceedings. All items not in use will remain in the Meshrano Jirga election kit until needed. The laptop and printer must be securely stored or kept under supervision when not in use. 3. Permits Entry to the Meeting Room The NPEO: Permits entry to Provincial Council members and the PEC and waits for them to be seated. Directs Observers, Media representatives and Special Guests to form an orderly queue at the meeting room entrance. For each visitor: o o o Checks her/his accreditation badge and photo identification. Records the name and badge number in the Meshrano Jirga Logbook Permits entry one person at a time to prevent overcrowding. Keeping Order: Reminders to all those Present Mobile phones must be turned-off throughout the proceedings. Firearms are not permitted inside the meeting room. JEMBS PPR Meshrano Jirga Procedures v1d eng Page 13 of 27

14 8. Election Proceedings in Seven Steps Step 1. Convening the Pre-Election Proceeding The NPEO: Explains to the Provincial Council what will happen during the pre-election proceeding, according to points 1-8 below. Undertakes the points 1-8: 1. Takes informal attendance of the Provincial Council members. What if there is no quorum? A quorum is not required in order to hold the pre-election proceeding. However, a two-thirds quorum is required to hold the Meshrano Jirga election proceeding (Annex 4). If there are not enough members present for pre-election proceeding, it indicates that the quorum for the Meshrano Jirga election proceeding may not be met. The NPEO should present the following options, and agree action in conjunction with the Provincial Council (in case of disagreement, the NPEO s decision is final): Carry on with the pre-election proceeding until quorum is met. Contact absent Provincial Council members and ask them to attend. Adjourn the proceeding and reschedule for the soonest possible date and time. 2. Reads aloud the List of Meshrano Jirga Candidates who have nominated themselves to date. 3. Announces the last opportunity for a Provincial Council member to nominate her/himself. Instructs those interested to submit of Form M01-Meshrano Jirga Nomination. 4. Asks if any candidate wishes to withdraw her/his candidacy. Confirms the withdrawal by having the candidate sign the Meshrano Jirga Logbook. 5. Reads aloud list of candidate nominations (i.e., those candidates who will appear on the ballots) and the list of candidate withdrawals as recorded in the Meshrano Jirga Logbook. 6. Confirms which Provincial Council member is the Presiding Officer for the election proceeding. 7. Answers any questions from the Provincial Council. 8. Adjourns the proceeding for a set time to allow for ballot preparation. Nominations and withdrawals are no longer accepted. JEMBS PPR Meshrano Jirga Procedures v1d eng Page 14 of 27

15 Step 2. Election Preparation Ballot Production: o The NPEO produces the ballot according to instructions. Procedural Review: o The NPEO instructs the Presiding Officer on how to conduct the election proceedings and clarifies any questions on procedures. Step 3. Convening the Election Proceeding Starting Form M03-Meshrano Jirga Election Results The NPEO completes Section i: MJ Election Details: 1. Enter province name where the proceedings are taking place. 2. Enter total number of Provincial Council members (see Annex 4). 3. Enter number of Provincial Council members who are present at the proceeding. 4. Answer yes or no to whether the quorum has been met (see Annex 4). 5. Enter the number of votes a candidate needs in order to be selected as the full-term representative in the first round of voting. Under direction of the NPEO, the Presiding Officer: Calls attendance and marks those present on Form M02-Meshrano Jirga List of Voters. Announces whether the 2/3 quorum is met (Annex 4): o If quorum is met, announces the number of votes a candidate needs for selection in the first round of voting. o If quorum is not met, adjourns the proceeding. Explains the voting process. Explains what happens after voting. Explains the two ways candidate can be selected to the Meshrano Jirga (see page 5). Step 4. Voting Preserving Secrecy of the Vote To preserve the secrecy of the vote, all Provincial Council members must take a ballot. Each member must mark her/his ballot in secret, fold it and deposit it in the ballot box. Except in cases of assistance, only one person may be behind the voting screen at a time. A member must vote in person. Nobody can vote on her/his behalf. JEMBS PPR Meshrano Jirga Procedures v1d eng Page 15 of 27

16 Under direction of the NPEO, the Presiding Officer: Seals the ballot box on two sides. The Presiding Officer will read out the seal numbers and the NPEO will record the numbers in the Logbook. Instructs Provincial Council members to form an orderly queue in front of the election table. Shows Provincial Council members how to mark and fold the ballot. For each Provincial Council member: 1. Shows her/him where to sign on Form M02-Meshrano Jirga List of Voters. 2. Issues her/him one ballot. If the voter makes a mistake, s/he may return the ballot to the Presiding Officer in exchange for a new one. 3. Directs her/him to go behind the voting screen to mark the ballot in private and to deposit the ballot in the ballot box. Note: The NPEO is available to assist disabled Provincial Council members as necessary. Marks and casts her/his own ballot. Announces the close of voting after all Provincial Council members have voted. Spoiled Ballots The NPEO will prepare one envelope for spoiled ballots. If anyone damages or makes a mistake on a ballot, the Presiding Officer will Spoil the ballot and replace it with a new one in the following way: Write spoiled in large letters across the blank back-side of the spoiled ballot. Place the spoiled ballot in the envelope provided for spoiled ballots. JEMBS PPR Meshrano Jirga Procedures v1d eng Page 16 of 27

17 Selection of Representatives: Voting Process 1. Selection of Representatives in the First Round One candidate must receive votes from more than half of the Provincial Council members present. This candidate is selected to be the full-term representative. The candidate who receives the second highest number of votes is selected to be the transitional representative. If two or more candidates receive the second highest number of votes, lots are drawn to determine the candidate selected to be the transitional representative. 2. Selection of Representatives in the Second Round If no candidate receives votes from more than half of the Provincial Council members present, there is a run-off election between the two candidates with the highest number of votes. If more than two candidates receive the highest and equal number of votes, lots are drawn to determine the two candidates who advance to the run-off election. If there is one candidate who receives the highest number of votes and two or more candidates who receive the second highest number of votes, lots are drawn among the candidates who receive the second highest number of votes to determine the second candidate who advances to the run-off election. New ballots are produced featuring the two candidates in the run-off election. The candidate who receives the highest number of votes is selected to be the full-term representative. The candidate who receives the second highest number of votes is selected to be the transitional representative. If the two run-off candidates receive the same number of votes, the full-term representative will be determined by the drawing of lots. (Note: the candidate whose name is not selected in the drawing of lots is selected for the transitional seat.) JEMBS PPR Meshrano Jirga Procedures v1d eng Page 17 of 27

18 How to Draw Lots The Presiding Officer: 1. Cuts out the ballot information from a spare ballot for each candidate on separate slips of paper. 2. Displays each slip of paper to all those present and announces the name of the candidate. 3. Places each slip of paper in its own envelope and seals it. The NPEO: 4. Deposits each envelope in the ballot box. 5. Vigorously shakes the ballot box. 6. Announces the position that the lot being drawn will determine. 7. Takes one envelope out of the ballot box and opens it. 8. Reads aloud the name of the selected candidate. 9. Announces the position that the second lot being drawn will determine. 10. Takes the second envelope out of the ballot box and opens it. 11. Reads aloud the name of the selected candidate. Step 5. Ballot Display Under direction of the NPEO, the Presiding Officer: Brings the ballot box to the election table and opens it in front of all those present. For one ballot at a time until the ballot box is empty: 1. Takes out one ballot. 2. Unfolds and displays the ballot. 3. Checks whether the ballot is valid. 4. Reads aloud the selected candidate. 5. Places the ballot on the election table, in front of all those present, sorting into orderly piles according to candidate. Step 6. Count For one pile at a time until all piles have been processed, the Presiding Officer: 1. Holds up one pile in front of all those present and announces the selected candidate. 2. Counts aloud the number of ballots received. 3. Writes the number of ballots received on a slip of paper. 4. Places the slip of paper on the top of the ballot pile. After all of the piles have been duly processed, the NPEO: Double-checks to ensure the ballots have been properly counted and makes corrections as necessary. Invites all those present to visually inspect the ballots. (Note: only the NPEO and Presiding Officer may handle the ballots). JEMBS PPR Meshrano Jirga Procedures v1d eng Page 18 of 27

19 Addresses questions or concerns raised by Provincial Council members. Announces the candidate who has received the most votes. Announces whether the candidate is selected by more than half of the Provincial Council members present. o o If a candidate is selected by more than half of the members present, there is no run-off election. The Presiding Officer announces the results and confirms the candidate who is selected to be the full-term representative and the candidate who is selected to be the transitional representative. If a candidate is not selected by a more than half of the members present, a run-off election must be held (see page 20). The Presiding Officer announces the results and confirms the candidate selected by the Provincial Council to the Meshrano Jirga. The proceedings are adjourned. JEMBS PPR Meshrano Jirga Procedures v1d eng Page 19 of 27

20 Step 7. After the Meshrano Jirga Election The NPEO completes M03-Meshrano Jirga Election Returns Form and packs the election materials for transfer. The M03-Meshrano Jirga Election Returns Form is sent to the JEMB for review and certification. A two-day period is given for filing complaints about the conduct of the Meshrano Jirga election. A Certificate of Election and information about the Meshrano Jirga is sent to the selected candidate after the Electoral Complaints Commission (ECC) has adjudicated any complaints. 9. Completing M03 Meshrano Jirga Election Returns Form The NPEO completes two copies of the form. One will be posted at the venue by the NPEO following the proceedings. Section i. This section is filled in before the election. 1. Determine if a 2/3 quorum is present 2. Determine the number of votes necessary for a candidate to win an absolute majority: at least one vote more than half of the members present Section ii: First Round Election Results The NPEO: 1. List the candidates in order of most votes received (i.e., the first list the candidate with the most votes and the last entry lists the candidate with the least number of votes). If more than one candidate receives the same number of votes, list the results by alphabetical order according to the relevant candidate. 2. Indicate yes or no if the candidate with the most votes received votes from more than half of the members present. Section iii: Run-Off Election Results 1. List the candidates included if lots were drawn to determine which candidate advances to the run-off. 2. List the candidates included in the run-off election and indicate the number of votes received. 3. List the two candidates involved in the drawing of lots and tick the selected candidate. Section iv: Final Results 1. Indicate the selected candidate and how the candidate was chosen. Enter name of JEMB Official (NPEO or designate), signature and date. Enter name of Presiding Officer, signature and date. Enter name of PEC Representative, signature and date. JEMBS PPR Meshrano Jirga Procedures v1d eng Page 20 of 27

21 Annex 1: MJ Election Provincial Council table No Province Provincial Council: Total seats Minimum Needed for 2/3 Quorum 1 Kabul Kapisa Parwan Wardak Logar Ghazni Paktika Paktia Khost Nangarhar Kunar Laghman Nuristan Badakhshan Takhar Baghlan Kunduz Samangan Balkh Jowzjan Sar-i-Pul Faryab Badghis Herat Farah Nimroz Helmand Kandahar Zabul Uruzgan Ghor Bamyan Panjsher Daikundi 9 6 JEMBS PPR Meshrano Jirga Procedures v1d eng Page 21 of 27

22 Annex 2: MJ Election Kit List MESHRANO JIRGA ELECTION KIT LIST: all items included here ITEM Meshrano Jirga Logbook FORM M01- MESHRANO JIRGA NOMINATION FORM FORM M02-LIST OF VOTERS LAPTOP 1 PRINTER 1 PRINTER CARTRIDGE/TONER BALLOT PAPER BALLOT BOX 1 QUANTITY PER KIT Varies according to province ITEM DESCRIPTION Attendance sheet and List of Voters. Includes all software needed for ballot production. Template paper used to create the ballots. SEALS 5 Plastic seals with serial numbers VOTING SCREEN 1 M03-ELECTION RETURNS FORM PENS 10 BLACK/BLUE MARKERS A4 BLANK WHITE PAPER ECC 01 - COMPLAINT FORM 4 2 Wide-tip For incidental use. 50 sheets 10 ENVELOPES 24 CALCULATOR 1 SCOTCH TAPE 1 THUMBPRINT PAD 1 20 SCISSORS 1 21 EXTENTION CORD 2 ITEM USE The NPEO records election proceedings and other relevant details in the Meshrano Jirga Logbook. The province name must be written on the front cover. Provincial Council members wishing to stand for election to the Meshrano Jirga submit this form to the NPEO. To mark attendance of Provincial Council members and ballots issued. Includes the following information: name and photo of Provincial Council member, attendance tick boxes and two signature fields. The NPEO uses the software program according to instructions. The NPEO uses the printer to print the ballots according to instructions. The NPEO prints the ballots acccording to instructions. Each Provincial Council member deposits one ballot in the ballot box. The ballot box is sealed on two sides before the election. Where voters mark the ballot, position so that it faces away from people and not in front of windows. The NPEO completes two copies: one for posting at the meeting room and one to return to Kabul HQ. The NPEO places 3 pens in the voting screens and keeps extra pens in the Meshrano Jirga kit. The NPEO writes the names of the candidates participating in the drawing of lots. For complaints relating to the Meshrano Jirga election. Three uses: 1) For the drawing of lots 2) For spoiled ballots -- label with the Province and 'spoiled ballots' 3) For ECC-01 Complaint Forms -- label 'ECC-01 Complaint Form,' for each complaint. For the Chairperson to calculate results on M03- Election Returns Form. Used in the drawing of lots and for displaying the M03-Election Returns Form. Used on Provincial Council members in the signature/thumbprtint field of Form M02-List of Voters. To cut pieces of blank white paper to be used for drawing of lots.

23 Annex 3: M01-MJ Nomination Form

24 Annex 4: M03-MJ Election Returns Form JEMBS PPR Meshrano Jirga Procedures v1d eng Page 24 of 27

25 JEMBS PPR Meshrano Jirga Procedures v1d eng Page 25 of 27

26 JEMBS PPR Meshrano Jirga Procedures v1d eng Page 26 of 27

27 Annex 6: Complaints During Polling and all other electoral processes, if someone believes there has been a violation of the law or procedures, s/he may file a complaint. This includes: Where processes and procedures have not been correctly followed Where there is a breach in the JEMB Code of Conduct for Electoral Officials. Where a person has been refused service by JEMBS Officials. Complaints may be filed when a person believes that JEMBS Officials or Observers, Media and Special Guests have not duly followed established procedures. A complaint can be filed by anyone who has an interest in the electoral process. This is determined by the ECC. The PEC will therefore accept a complaint from anyone who wishes to file one. Complaints and the ECC The Electoral Complaints Commission (ECC) is the independent body established to adjudicate all complaints regarding the electoral process. Any person who has a legitimate interest in the electoral process and who claims that there has been a violation of electoral laws and/or procedures can file a complaint to the ECC. The ECC may also take cases on its own initiative. When and Where to File a Complaint A complaint can be filed on Election Day, until the certification of the Meshrano Jirga election results. Complaints must be filed within five days from when the occurrence in question took place. Complaints can be submitted to the PEC for transmission to ECC HQ in Kabul, or at all JEMBS offices including JEMBS Headquarters in Kabul. If a complainant feels that filing the complaint at the local level would prevent a fair hearing or create a security risk, a complaint can be placed in the ECC mailbox at any JEMBS Provincial Office, or sent directly to the ECC Headquarters in Kabul. How to File a Complaint Complaints should be submitted on ECC 01 Complaint Form whenever possible. However, complaints received in other written formats will also be accepted, which should include all information as requested on ECC 01 Complaint Form. The PEC has extra copies of ECC 01 Complaint Form ECC 01 Complaint Form must be completed in Dari, Pashto or English and submitted to the PEC or to any location listed above. The complainant may complete and submit the form confidentially. However, the PEC may assist in completing Form ECC 01 Complaint Form, if requested. JEMBS PPR Meshrano Jirga Procedures v1d eng Page 27 of 27