Technical Working Group on Elections UNDP LEAP Update 9 October Funded by

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1 Technical Working Group on Elections UNDP LEAP Update 9 October 2013 Funded by

2 Possible timeframes for 2014 Parliamentary Elections As of 21 September Dec 2013 Registration of expatriate voters closed 30 Mar Final Voter Register closed 23 Jun 2014 First deadline for calling elections if elections take place on earliest date 21 Sep 2014 Earliest date for holding elections (first Sunday in the electoral period) 20 Nov 2014 Parliamentary Mandate ends 10 Feb 2014 Preliminary Voter Register published 10 Mar 2014 Preliminary Voter Register closed 25 Apr 2014 Deadline for electing new President 25 May 2014 President Sleiman s Mandate ends 18 Aug 2014 Final deadline for calling elections If elections are to take place in line with set dates 16 Nov 2014 Final deadline for holding elections (last Sunday in the electoral period) Presidential Electoral Period Election to be held between 25 Mar and 25 Apr Parliamentary " Electoral Period Elections must be held within 60 days of the end of the parliamentary mandate (between 21 Sep and 20 Nov)

3 Steps towards holding parliamentary elections in 2014 Security environment improves Election Law requires elections to be called by 18 August 2014 Constitution requires elections to be held by 16 November 2014 Political Steps Political agreement on Presidency New Cabinet is formed There is political will to hold elections Parliament meets in regular session Security environment remains positive SCEC is functioning National Dialogue takes place Elections are called Full election budget " is made available Elections take place Reforms (if any) " are in place Legal Steps Political agreement on electoral system to be used is found Political agreement on adoption of electoral reforms is found There is an agreed legal framework to hold elections Constitutional Council " is functioning Advocacy & consultation on electoral reforms takes place Preparations adapted to any change in the election law SCEC is appointed Technical Steps Preliminary election budget" is made available There is technical capacity to hold elections Election preparations start, including for possible reforms

4 Organisational Chart of Election Responsibilities at the Ministry of Interior and Municipalities As of 1 September 2013 Minister of Interior & Municipalities Supervisory Commission for Election Campaign General Marwan Charbel Commissioners to be confirmed Advisors on Election Law from State Council Advisor on Electoral Affairs Directorate General of Local Authorities Directorate General of Political Affairs & Refugees Directorate General of Personal Status Directorate of Common Administration Judges Ziyad Ayoub Karl Irani Acting Director General General Elias Khoury Acting Director General Faten Abou Hassan Acting Director General Suzanne Khoury Vacant Muhafezats Qaimaqams Municipalities Department of Political Affairs Department of Voter Registration 47 Regional Registration Offices Office of Associations Lina El Murr * Fatme Chreim Omar Wehbe Adel Mosleh Oussama Hajjar Office of Elections Ahmed Rawass * Samih Ayoub Nada Ghaziri Charbel Khoury Ghazi Alaouie * Head of Office Warehouse Mohamed Maki Procurement Bilal Tarabay

5 Technical Working Group on Elections Discussion on the Supervisory Commission on Electoral Campaign 9 October 2013 Funded by

6 Recommendations for Improvements to the framework for the supervision for election campaigns Recommendations made by the 2009 SCEC Recommendations for improvements to the SCEC framework Establish a permanent and independent headquarters Establish a permanent administrative workforce Extend mandate until 6 months before next elections in order to cover by-elections Recommendations for improvements to regulation of election campaigns Establish a fixed campaign period (6 months prior to election) Establish a 48 hour silence period Allow regional authorities to regulate the use of public places for electoral activities Clarify a legal framework for electoral lists Recommendations for improvements to regulation of campaign spending Lower the campaign spending ceiling Require political parties to open a bank account for financing their candidates Enable framework for penalties on spending violations, in particular: " to link penalty to scale of violation " to enable penalty to be effective post-election Require framework for calculating the total expenses of a party (e.g. even if candidate withdraws) Framework for powers to supervise electoral advertising should be clarified and increased (e.g. establish power to close media programs) Reconsider ability to supervise/enforce the three-year charity donation period. Regulate issue of volunteers and paid personnel (e.g. establish framework to include volunteer within spending ceiling) Recommendations for improvements to regulation of media coverage Ensure media regulatory framework includes use of billboards Monitor digital media Ensure regulation of media includes possibility to take action against candidates using of media to commit violations Recommendations by others 1 Establish greater levels of independence from Ministry of Interior Extend mandate to municipal elections and by-elections Appoint a Director-General Require SCEC to work with full transparency, including publication of all relevant information received Appoint a spokesperson Allow SCEC members to participate in public outreach Clarify status of SCEC decisions; incorporate into law where possible Review status of SCEC decisions that were overturned Clarify deadline for SCEC to respond to challenges, requests etc. to ensure promote response to any matter submitted Ensure legal obligation that SCEC has capacity to supervise compliance with all aspects within its responsibilities Ensure all decisions are promptly published Monitor ministerial activities and spending decisions during the campaign period Clarify that parliamentary immunity does not apply to sanctions Clarify if violation by party/list can be a basis for challenge against candidate Clarify definition of religious premises Clarify sanctions in cases where a body (e.g. municipality, another candidate) prevented exercise of right to campaign Ensure there is a doctrine of proportionality between violation and sanction Require publication of candidates accounts Review method for determining spending ceiling Extend removal of bank secrecy to family members Clarify framework for candidate responsibility for list spending Clarify role of accountants and auditors Require parties to report on spending Review method for calculating advertising rates Campaign spending should include international travel payments Enforce submission of financial report, including fines for late submission Clarify if internet advertising is included in campaign costs Provide guidelines on how to report on campaign spending Clarify a fixed start date for start of media regulation Define key concepts (e.g. hate speech, inflammatory language) Define what issues apply to all media and what applies specifically to audiovisual or press. Define what issues apply to both public & private media Define what issue are regulated (e.g. news coverage). Avoid interference in regulation of opinion/comment. Clarify who is liable for violations (e.g. in case of hate speech) Consider right to free airtime on state TV Consider establishing a media code of conduct Provisions concerning foreign and internet media are unclear or ambiguous Review risk of parallel tracks of challenge (to SCEC and Public Prosecutor) Review risk of parallel appeals (to state Council and to Court of Appeal) 1 Recommendations made in reports of Lebanese Association for Democratic Elections, Lebanese Transparency Association, European Union, National Democracy Institute and International Foundation for Electoral Systems.

7 Proposed changes to the framework for the supervision for election campaigns in draft legislation Proposed changes related to the SCEC Framework Proposed changes related to the regulation of election campaigns Proposed changes related to the regulation of campaign spending Proposed changes related to the regulation of media coverage Draft Law Project of Minister Charbel SCEC shall work independently in coordination with MOIM SCEC to be composed of 11 members Allow judges to be selected from cadre of retired judiciary Replace one National Media Council member with a nominee from the Press Association Appoint a member from Association of Certified Public Accountants Replace one election expert with a representative of a civil society organization Require consideration of gender representation on SCEC Require SCEC starts its mandate one year before end of parliamentary mandate and to cease 3 months after elections Require SCEC members to take an oath Restrict Commission members from running for parliamentary election Remove restriction on SCEC members being prevented from holding public office Allow members to take part in events with permission of Commission Requires there to be a 2/3 majority for SCEC members to be dismissed Provide mandate to " issue decisions " accredit media wishing to cover election and issue a Code of Conduct " supervise opinion polling " accredit observers " provide voter education " resolve complaints addressed to it " take action against violation Establish SCEC quorum at 7 members Require that the SCEC proposes its own budget and administrative set-up Define campaign period as from day of opening of candidacy filing to beginning of pre-election silence Includes advertising companies as being bound by regulatory framework Provides SCEC with authority to decide on maximum space to be allocated and the relevant time for broadcasting or publishing. Imposes obligation on candidates to remove posters that are inappropriately posted Restricts civil servants and mukhtars from making electoral propaganda or distributing flyers Defines electoral contribution Requires candidates to appoint a financial representative and an auditor Removes banking secrecy from all personal accounts held by candidate Allows publication of accounts on website Allows SCEC to provide model report format Defines the role of financial representative, prevents FR from standing as candidate. Requires FR to record all transactions Lowers ceiling for cash transactions to 500kLL Requires all personal funds to be transferred to campaign account Imposes a ceiling that no single donor can fund more than 50% of campaign spending Provides mandate for parties and groups to fund campaign accounts of candidates, and requires that they are recorded Explicitly prohibits use of public resources by candidates or civil servants for electoral purposes Imposes a 5,000LL per voter limit on variable ceiling Defines electoral expenditure to include " cash or in kind payments to persons involved in campaign " travel fees of voters from abroad Requires financial accounts to include in-kind contributions and to be certified by auditor. Requires SCEC to audit each account, defines auditing mechanism, provides authority to reject account and to report to other agencies. Provides SCEC with power to refer finance cases to public prosecutor. Provides CC with power to annul election of candidates who did not submit accounts or who exceeded deadline Allows a penalty to be imposed on late submission (of 1m LL per day) on winning candidates Allows a fine to be imposed on candidates who did not win the election Defines media outlet as every public or private, audiovisual, printed or electronic media, irrespective of its technical nature Defines media campaign period as on date candidacy was filed and ends with closing of ballot boxes Requires SCEC to oversee compliance with principle of equality and the principles of legitimate electoral competition Allows candidates to use public media free of charge, requested via the SCEC who will ensure airtime based on equality and equal opportunities Expands private media obligations to include news bulletins and political programs Mandates media to refrain from transmitting or broadcasting that might lead to violations In terms of violations of media regulations, provides SCEC with authority to " issue a warning " compel the broadcast/publication of an apology " impose a fine of up to 25m LL " double any fine for a violation during electoral silence period

8 Steps towards an effective SCEC for the 2014 elections Parliament Cabinet Ministry of Interior SCEC Parliament considers changes to legal framework for campaign supervision Cabinet confirms SCEC Members Cabinet confirms election budget (including SCEC budget) Ministry establishes SCEC premises and budget SCEC is established and issues bye-laws SCEC appoints staff and secretariat SCEC adopts changes to the procedural framework for campaign supervision SCEC adopts monitoring methodologies SCEC launches monitoring at start of election campaign SCEC issues reports on compliance during and at end of election campaign

9 SCEC Budget and SCEC Members Election Budget approved by Cabinet on 27 May 2013 SCEC Members approved by Cabinet on 27 May 2013 Nominating Body Appointee Police Compensation: $2.5m SCEC Budget: $1m Technical Equipment: $1.8m Clothing: $350k Printing: $120k Transport: $550k Judge of the Court CassaGon SCEC President Judge of the State Council SCEC Vice President Judge of the Court of Audit SCEC Member Nadim Abdel- Malek Andre Sader Not appointed Judges Compensation: $1.8m Polling Equipment: $550k Former Head of Beirut Bar AssociaGon SCEC Member Salim Qusta * Disability Access: $330k Former Head of Tripoli Bar AssociaGon SCEC Member Khaldoun Naja Polling Staff Salaries: $5.3m Media Expert Nominated by NaGonal Media Council SCEC Members Ghada Hallawi Othman Majzoub ElecGon Experts Nominated by Minister of Interior SCEC Members Atallah Ghasham * Khalil Hindi Simon Haddad * reappointed from the 2009 SCEC

10 2013 Campaign Spending Ceilings Per Candidate By District Approved by Cabinet on 27 May 2013 By law, each candidate is entitled to a fixed amount of $100,000 plus an additional variable amount per voter in the district they are contesting. The 27 May decision set this rate at $4 per voter, a 50% increase from Tripoli $932,132 Zghorta $395,244 Akkar $1,106,460 Beirut 3 $1,158,504 Saida $329,552 Beirut 1 $468,312 Tyr $784,256 Beirut 2 $518,908 Chouf $856,516 Zahrany $508,204 Bint Jbeil $635,852 Jbeil $411,588 Metn $793,312 Jezzine $326,036 Nabatieh $630,476 Batroun $331,280 Aley $584,868 Koura $333,324 Kerswan $462,296 Marjeyoun Hasbaya $689,992 Baabda $729,988 Bcharre $290,024 West Bekka Rachaya $626,132 Minnieh Dinnieh $528,964 Baalbek Hermel $1,242,060 Zahle $760,028 District with a ceiling of $1 million or over per candidate District with a ceiling of $750,000 to $1 million per candidate District with a ceiling of $500,000 to $750,000 per candidate District with a ceiling of less than $500,000 per candidate