Electoral Law

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  • Country: Afghanistan
  • Language: English
  • Document Type: Domestic Law or Regulation
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The Dari is the official version of the Law. This English version, issued August 16, 2010 is unofficial. If amendments are passed later, an amended version will be issued.
Translated from the Dari by UNAMA, edited by IFES. 1

1. This version is unofficial. The Dari and Pashto is the official version.
2. This version represents the law as issued by Decree 45 dated 4/11/1388.
3. It has been translated by UNAMA and edited by IFES

Decree by

President of Islamic Republic of Afghanistan on ratification of Electoral Law

No. 43
Date: 28/11/1388

Article 1

Article 2

The Minister of Justice and the State Minister for Parliamentary Affairs are assigned to
submit this decree to the National Assembly within 30 days from the convening of its
first session.

Article 3
This decree shall, together with the law, be published in the Official Gazette.

Ha
mid Karzai
President of Islamic Republic of Afghanistan

I ratify the Electoral Law, which has been approved by the Council of Ministers through
approval number 45 dated 4/11/1388.

The Dari is the official version of the Law. This English version, issued August 16, 2010 is unofficial. If amendments are passed later, an amended version will be issued.
Translated from the Dari by UNAMA, edited by IFES. 2
ELECTORAL LAW
[As in effect 16 August 2010]

CONTENTS

CHAPTER PAGE ARTICLES

1 GENERAL PROVISIONS 3 1 – 8

2
CONSTITUENCIES 5 9 – 10

3
VOTERS AND CANDIDATES 5 11 – 16

4
PRESIDENTIAL ELECTIONS 8 17 – 18

5
WOLESI JIRGA ELECTIONS 8 19 – 23

6
MESHRANO JIRGA 9 24 – 26

7
PROVINCIAL COUNCIL ELECTIONS 12 27 – 29

8
DISTRICT COUNCIL ELECTIONS 13 30 – 32

9
VILLAGE COUNCIL ELECTIONS 14 33 – 35

10 MUNICIPAL MAYOR ELECTIONS 15
36 – 37

11 MUNICIPAL COUNCIL
ELECTIONS 16 38 – 40

12 CONDUCT OF ELECTIONS 17
41 – 60

13 COMPLAINTS,
ELECTORAL VIOLATIONS 23 61 – 64

14
MISCELLANEOUS 26 65 – 67

The Dari is the official version of the Law. This English version, issued August 16, 2010 is unofficial. If amendments are passed later, an amended version will be issued.
Translated from the Dari by UNAMA, edited by IFES. 3

Electoral Law
[As in effect 16 August 2010]

Chapter One
General Provisions

Article 1
Statutory basis
This law has been enacted in accordance with the provisions of Article (33) of the
Afghan Constitution to regulate elections-related affairs in the country.

Article 2
Definitions
In this law, the following terms have the meaning shown :

1. Constituency: the area specified for voting for candidates.
2
. Agents: individuals representing political parties and independent candidates who
receive credentials from the Independent Election Commission to monitor the electoral
process.
3
. Observers: national and international individuals accredited by the Independent
Election Commission to observe the electoral process.
4
. Election Campaign: the efforts by political parties and independent candidates to
draw attention of voters for receiving more votes.
5
. Preliminary Results: the results announced by the Independent Election Commission
following the conclusion
of counting votes and prior to the announcement of final results.
6
. Final Results: the results certified and announced by the Independent Election
Commission following the investigation o
f complaints by the Electoral Complaints
Commission.
7
. Counting Center: the place where voting has taken place and where votes are counted
after the voting process.
8
. Preliminary List of Candidates: the preliminary list of registered candidates which
are posted in specified places.
9
. Final List of Candidates: the final list of candidates that has been confirmed and
p
ublished by the Independent Election Commission after adjudication of challenges by
the Electoral
Complaints Commission.
10.
Quarantine: the temporary omitting of boxes containing ballots from the counting
process.
11.
Credential: a written document issued by the Independent Election Commission
which allows monitoring, observ
ing or making a report o n the elections process by the
representatives of media.

The Dari is the official version of the Law. This English version, issued August 16, 2010 is unofficial. If amendments are passed later, an amended version will be issued.
Translated from the Dari by UNAMA, edited by IFES. 4
Article 3

Election method
Elections shall take place through free, general, secret and direct ballots.

Article 4
Principle of Equal Voting Rights
(1) Eligible voters, both men and women, shall be entitled to equal voting right in the
elections.
(2) A voter is entitled to only one vote and shall use it without proxy.
Article 5
Principle of Free W ill

The voters and candidates shall take part in elections on the basis of their free will. The
imposition of any direct or indirect restriction on the voters or candidates related
to
language, religion, ethnicity, gender, tribe, region, residence and
social and occupational
status is
prohibited.

Article 6
Cooperation by Institutions and Individuals
State and non-state institutions, political parties, social organizations, civil society and
relevant individuals shall cooperate with the Independent Election Commission, Central
and Provincial Electoral Complaints Commissions and other commissions to be formed
in accordance with provisions of this law,
and enforce the decisions made by these
commissions within their jurisdictions.

Article 7
Non-interference by
State Officials in Electoral Affairs

State officials, employees of government institutions and local influential individuals
shall not interfere in electoral affairs either directly or indirectly. The use of any state-
owned asset, facility and resource in favor of or against a candidate or candidates is not
p
ermitted. The equal use of state and public facilities and resources shall, in accordance
with provisions of this law, be exempt
from the abovementioned provision.

Article 8
Abbreviation
The Independent Election Commission shall hereinafter be referred to as the
“Commission”.

The Dari is the official version of the Law. This English version, issued August 16, 2010 is unofficial. If amendments are passed later, an amended version will be issued.
Translated from the Dari by UNAMA, edited by IFES. 5
Chapter Two
Constituencies

Article 9
Determination of Constituencies

The constituencies for holding of Presidential, Parliamentary, Provincial, District and
Village Councils, Mayors and Municipalities shall be determined as follows :
1
. For Presidential elections, the whole country shall be one constituency.
2
. For elections of Wolesi Jirga, each province shall be one constituency and for
Ku
chis, the entire territory of the country shall be one constituency.
3
, For elections of Provincial Councils, the province shall be the constituency.
4
. For elections of District Councils, the district shall be the constituency.
5
. For elections of Village Councils, the village shall be the constituency.
6
. For elections of Municipal Mayor, the city shall be one constituency.
7
. For elections of Municipal Councils, the city ward or Nahia shall be the
constituency.

Article 10
Disputes
on Boundaries of Constituencies

(1) In case of dispute over the attachment of
a village to a district, or a township to a ward
or city, the issue shall be referred for a decision by the Commission to the Independent
Directorate of Local Governance.
(2) A dispute under claus e (1) of this article may be considered only if it is raised 180
days before
the election date.

Chapter Three
Voters and Candidates
Article 11
Voters ’
Qualifications

A person with the following qualifications shall be eligible to vote in elections:
1
. Has completed at least the age of 1 8 on the polling day.
2
. Ha s citizenship of Afghanistan.
3
. Has not been deprived of civil rights by order of a court.
4
, Ha s been registered on the voters’ list by the Commission.
Article 12
Candidates ’
Qualifications

(1) A presidential nominee shall have the following qualifications :
1
. Is an Afghan national, Muslim, born of Afghan parents and does not have
citizenship of
an other country.

The Dari is the official version of the Law. This English version, issued August 16, 2010 is unofficial. If amendments are passed later, an amended version will be issued.
Translated from the Dari by UNAMA, edited by IFES. 6
2. Is not under age 40 on the day of nomination.
3
. Has not been conv icted of crimes against humanity, crimes or deprived of civil
rights by order of a court.
(2) A candidate for the National Assembly
shall have the following qualifications :
1
. Is an Afghan national or has obtained the nationality of Afghanistan at least 10
years
prior to the candidate registration or election date.
2
. Has not been convicted of crimes against humanity, crimes or deprived of civil
rights by order of a court.
3
. The candidates for the Wolesi Jirga and Meshrano Jirga must have completed
age
25 and 35 respectively on the candidate registration or election date.
4
. Has been registered on the voters’ list by the Commission.
(3) A candidate for Provincial and District Councils shall have the following
qualifications :
1
. Has met the conditions in clauses (2 ), (3 ), and (4) of Article 11 of this law.
2
. Has at least completed age 25 on the candidate registration date.
3
. Has at least a baccalaureate education.
4
. Has a good reputation.
(4) A candidate for Village Council shall have the following
qualifications :
1
. Has met the conditions in clauses (2), (3 ) and ( 4) of Article 11 of this law.
2
. Has at least completed age 25 on the nomination date.
3
. Has the ability to read and write.
4
. Has a good reputation.
(5) A candidate for Mayor at a
provincial center shall have the following qualifications :
1
. Has met the conditions in clauses (2), (3 ) and ( 4) of Article 11 of this law.
2
. Has at least completed age 30 on the candidate registration date.
3
. Has at least a Bachelor ’s degree.
4
. Has lived for at least 5 years in the city where nominated before the day of
candidacy.

5
. Has a good reputation.
(6) A candidate for Mayor at district outside the provincial center or Municipality
Councils shall, in addition to meeting the conditions in clauses (1), (2
), (3 ), (4 ) and (5), of
this Article,
have a baccalaureate education.
(7) Persons who command military or militia structures (Illegal Armed Groups) or are
members of those groups shall not participate in elections as candidates . The command
membership of persons in the military or militia structures (Illegal Armed Groups) shall
be vetted by a separate commission comprised of representatives from the Ministries of
Defense, Interior, and National Directorate of Security, under the chairmanship of a
member of
the Commission.

Article 13
Restriction on Candidature
(1) The following persons shall not be nominated for the positions set forth in Article 12
before resigning from their posts:
1
. Head , members of the Supreme Court and judges.
2
. Attorney General and Prosecutors.

The Dari is the official version of the Law. This English version, issued August 16, 2010 is unofficial. If amendments are passed later, an amended version will be issued.
Translated from the Dari by UNAMA, edited by IFES. 7
3. Ministers, Minister Advisors, Advisors to the President, Independent General
Directors, Chairman and Members of Independent Commissions, Deputy
Ministers and Advisors to the Ministries, Governors and their Deputies, District
Governors and Diplomatic Representatives
of Afghanistan Missions abroad.
4
. Military officials of Ministries of Defense, Interior, National Directorate of
Security and other ministries and institutions with military structures.

5
. Civil Servants.
6
. Temporary and permanent staff members of the Independent Election
Commission.
(2) If the persons in clause (1) of this article do not win in the elections, they shall not
re occupy their previous jobs, unless they are reappointed in accordance with provisions
of the law.
(3) If a candidate of one elected post wishes
to be nominated for another elected post, the
person is required to resign from the current post.
(4) No one shall be nominated simultaneously in more than one constituency or for more
than one post.

Article 14
Place to vote

(1) A voter shall vote in the constituency where his or
her name is registered in the
voters’
list.
(2) The Commission shall provide special voting facilities for nomads, refugees, internal
displaced people, disabled, military officials of Ministries of Defense, Interior, National
Directorate of Security, and other ministries and institutions with military structures,
government employees, staff of the commissions and prisoners who are not deprived
of
their civil rights.

Article 15
Verification of Voter Identity
A voter shall present a registration card or document issued by the Commission for
verification of his
or her identity to receive a ballot paper,

Article 1
6
Form and Number of Ballot Papers
Th e form and number of ballot papers shall be determined by the Commission.

The Dari is the official version of the Law. This English version, issued August 16, 2010 is unofficial. If amendments are passed later, an amended version will be issued.
Translated from the Dari by UNAMA, edited by IFES. 8
Chapter Four
Presidential Elections

Article 17
Election of the President
(1) The President shall be elected by receiving majority votes of over 50 percent by the
voters through free, general, secret and direct votes.
(2) If none of the candidates receives the majority votes of over 50 percent in the first
round, a runoff shall be held within 2 weeks from the announcement date of elections
results, and only the two highest voted candidates during the first round shall participate
in the runoff. In case more than two candidates receive the same number of votes in the
first round, a committee composed of two members from the Supreme Court and two
members from the Commission chaired by the Head of the Supreme Court, shall select
two candidates for the runoff considering who is the most qualified against the criteria
within a maximum of 48 hours.
The candidate who receives the majority of votes in the
runoff shall be elected as President. If the two candidates receive the same number of
votes in the runoff, the winner shall be determined by a committee composed of two
members of the Supreme Court and two members of the Commission considering who is
the most qualified against the criteria within
a maximum of 48 hours.
(3) If one of the Presidential candidates dies during the first or second round of voting, or
after the elections and before the announcement of elections results, the elections shall be
held again in accordance with provisions of the law.

(4) If one of the candidates does not participate in the elections runoff or boycotts the
elections, the other candidate shall be declared as winner, in accordance with provision of
the law.

Article 18
Taking Office by President
The elected President shall take office 30 days after the announcement of elections
results.

Chapter Five
Wolesi Jirga Elections

Article 19
Number of Wolesi Jirga Members
The Wolesi Jirga shall have 249 seats out of which 10 seats are allocated
to the nomads
and the remaining 1
39 seats are assigned to the provinces in proportion to their
population.
Out of the total number of seats for each province, on average, at least two
females
shall be elected members of the Wolesi Jirga.

The Dari is the official version of the Law. This English version, issued August 16, 2010 is unofficial. If amendments are passed later, an amended version will be issued.
Translated from the Dari by UNAMA, edited by IFES. 9
Article 20
Allocation of Seats
(1) The Commission shall allocate 239 seats to the provinces in the following order:
1
. The total number of populations of provinces shall be divided by the 239
allocated seats to determine the population quota for each seat.
2
. The population of each province shall be divided by the population quota for
each seat to determine the number of seats for each province.
3
. Each province is allocated a number of seats equal to the whole number from
the division under clause (2) of this paragraph.

4
. The seats that are not allocated under clause (3) of this paragraph, shall be
allocated in the descending order of the remaining decimal fraction of the division
mentioned in clause (2) of this paragraph.
5
. If less than 2 seats are allocated for one or more provinces as result of this
calculation, then two seats shall be allocated for that province.
6
. The total seats and number of population of the provinces to which extra seats
are allocated under clause (5) of this paragraph, shall be subtracted from the total
of 239 seats and total population of all the provinces. For the remaining
provinces, a new quota for allocation of seats shall be calculated and repeated, in
accordance with the procedures described in
clauses (2) and (5) of this paragraph.
(2) The Commission shall be required to publish the calculations used for allocation of
seats set forth in this Article.

Article 21
Verification of Census
The Central Bureau of Statistics shall provide the latest official census of each province
to the
Commission within the period set by the Commission.

Article 22
Assignment of Provincial Seats
(1) The seats in each province shall be assigned
to the candidates who receive the greate st
number of votes. The allocated seats for women candidates are exempt from this
provision.
(2) If two candidates receive equal votes, the winner shall be determined within a
maximum of 15 days by a committee composed of one member of the Supreme Court as
the head, and two
members of the Commission as members, considering the highest
qualifications.

(3) If the elected candidate cannot occupy his or her seat,
or for any reason relinquish es
his seat during the tenure of office in Wolesi Jirga, dies, resigns, or is dismissed or is
disabled permanently so that the person cannot discharge his or her duty, the seat shall be
assigned to the candidate of same gender (male or female) on
the prepared list of the
Commission, w ith the next highest number of votes, provided that at least one year
remains to the end of term of the Wolesi Jirga. If there is no candidate from the same

The Dari is the official version of the Law. This English version, issued August 16, 2010 is unofficial. If amendments are passed later, an amended version will be issued.
Translated from the Dari by UNAMA, edited by IFES. 10
gender the seat shall, regardless of gender, be assigned to the next candidate who has
secured the most votes on
the list of candidates.
(4) If a nomad candidate canno
t occupy his or her seat or for any reason, relinquish es the
seat during the tenure of office in Wolesi Jirga, dies, resigns, or is dismissed or disabled
permanently so that the person cannot discharge his or her duty, the seat shall be assigned
to the candidate from the same sex (male or female) o
n the prepared list of the
Commission, who ha s the next highest number of votes, provided that at least one year
remains to the end of
the term of the Wolesi Jirga. If there is no candidate from the same
gender the seat shall be assigned to the next candidate who has secured the most votes on
the list of candidates,
regardless of gender,.

Article 23
Allocation of Seats to Female Candidates
(1) To determine the minimum number of female candidates to be elected in each
province, the Commission shall prepare procedures and formula based on the population
of each province to ensure that the number of elected woman candidates shall be at least
tw ice
the number of provinces, as provided in Article 83 of the Constitution.
(2) The female candidates who receive the most votes in each constituency shall be
assigned a seat in accordance with the formula mentioned in clause (1) of this Article,.
After meeting the quota requirements, the remaining seats shall be assigned in
accordance with Article 20 of this law.
(3) If there are not enough female candidates on the list to occupy the allocated seat or
seats in certain constituencies, the Commission shall,
in accordance with the procedures
set forth in clause (1) of this Article, adopt measures to make sure the seats allocated to
females
(from the same gender) do not remain vacant.

Chapter Six
Meshrano Jirga

Article 24
Composition of Meshrano Jirga
The number of members in Meshrano Jirga shall be three times the number of provinces,
of which one-third shall be from the Provincial Council members elected by the
respective Provincial Councils for a term of four years, one-third from the District
Council members elected by the respective District Councils of each province,
and the
remaining one-third shall be appointed from among experienced and learned people by
the President for a term of five years.

Article 25
Election of Provincial Representatives
(1) Each
Provincial Council shall elect one of its members for the Meshrano Jirga within
15 days of its establishment,
in accordance with the provisions of this law.

The Dari is the official version of the Law. This English version, issued August 16, 2010 is unofficial. If amendments are passed later, an amended version will be issued.
Translated from the Dari by UNAMA, edited by IFES. 11
(2) The elections shall be presided over by the head of the Provincial Council. If the head
himself is a candidate, the deputy shall preside over the elections. If the deputy is also a
candidate, the eldest member who is not a candidate shall preside over the elections.
(3) The quorum for holding elections set forth in clause (2) of this Article shall be the
two-thirds of the members of the Provincial Council present. The person who receives
more than half of the votes shall be declared elected as member of the Meshrano Jirga. If
no candidate receives more than half of the votes in the first round, a run-off shall be
conducted between the two most voted candidates. In this case the candidate who
receives the majority of votes shall be considered the winner.
(4) If two candidates receive the same number of votes, the winner shall be elected within
20 days by a committee composed of a member of the Supreme Court as head and two
members from the Commission
as members, considering the highest qualifi cations.
(5) If an elected member c annot occupy his/her seat,
or for any reason relinquish es the
seat, dies, resigns or is dismissed or disabled permanently so that the person cannot
discharge his or her duty, the respective Provincial Council shall elect another person
from among its members in accordance with the provisions of this law, provided that one
year remains
to the end of the said Council.

Article 26
Election of District Councils Representatives for Meshrano Jirga
(1) The Commission shall, within 5 days of establishing the District Councils, provide a
list of the elected members of Councils to the respective Provincial Council so that one of
the members from the total elected members of the Councils may be elected as member
of Meshrano Jirga.
(2) The head of the Provincial Council is responsible for summoning the District
Councils’ members in the province to a place accessible to the members where they may
gather and hold the elections
within 15 days of establishing the District Councils.
(3) The quorum for holding the elections shall be the presence of at least two-thirds of the
members of the Provincial Councils, and the person who receives more than half of the
votes of the members present shall be declared the winner. If no candidate receives more
than half of the votes in the first round, a run-off shall be conducted between the two
most voted candidates, and the candidate who receives the majority of votes in the run-
off shall be recognized as
a member of the Meshrano Jirga.
(4) If two candidates receive the same number of votes, the winner shall be elected within
a maximum of 20 days by a committee composed of a member of the Supreme Court as
the head,
and two members of the Commission as members, con sidering the highest
qualifications.

(5) If the elected candidate cannot not occupy his or her seat or for any reason
relinquish es the seat or passes away or resigns, or is dismissed or disabled permanently
so that the person cannot discharge his or her
duty, the respective District Councils shall
elect another person from among its members, in accordance with the provisions of this
law, provided that
at least one year remains to the end of term of the said Council.

The Dari is the official version of the Law. This English version, issued August 16, 2010 is unofficial. If amendments are passed later, an amended version will be issued.
Translated from the Dari by UNAMA, edited by IFES. 12
Chapter Seven
Provincial Councils Elections

Article 27
Provincial Councils
Each province shall have one Provincial Council, the members of which shall be elected
through free, secret, general and direct elections by the voters of same province.

Article 28
Allocation of Seats
to Provincial Councils

(1) Seats of the Provincial Councils shall, considering the population of the province, be
allocated as follows:
1
. Provinces with less than 500,000 population, 9 members
2
. Provinces with more than 500,000 up to one million population, 5 members
3
. Provinces with more than one million up to two million population, 19
members
4
. Provinces with more than two millions to three million population, 23 members
5
. Provinces with more than three million population, 29 members.
(2) In provinces where there is movement of nomads (Kuchis), a certain number of seats
shall, based on the number of nomads, be allocated to them within the Provincial
Council.

Article 29
Membership of Provincial Councils
(1) The candidates who receive the highest number of votes shall,
be considered as
members of the Provincial Council of the respective province,
in the following order,
(2) At least one-fourth of the Provincial Council seats shall be allocated to women. As the
first step, one-fourth of the seats in each province shall be allocated to the most voted
female candidates. The remainder of the seats shall be allocated in accordance with the
provisions of
clause (1) of this Article.
(3) If two candidates receive the same number of votes, the person entitled shall be
determined,
within 20 days, by a committee comprised of the head of Provincial Appeal
court as head, and provincial representatives of the Commission and the Afghan
Independent Human Rights Commission
as members, considering the highest qualified.
(4) If a candidate elected as member of the Meshrano Jirga under Article 25 of this law
cannot occupy his or her seat or for any reason relinquish es his seat, dies, resigns, or is
dismissed or disabled permanently so that the person as member of Meshrano Jirga
cannot discharge his or her duty, the seat shall be assigned to the next most voted person
of the same gender (male or female) on the prepared list of the Commission, provided
that at least one year remain s to the end of term of the Council.

The Dari is the official version of the Law. This English version, issued August 16, 2010 is unofficial. If amendments are passed later, an amended version will be issued.
Translated from the Dari by UNAMA, edited by IFES. 13
I
f there are no candidates from the same gender, the seat shall be assigned to the
candidate who secured the most votes in the list of candidates.
(5) If there are not enough female candidates on the candidates list to occupy the seats
allocated to women in accordance with this Article, the Commission shall adopt measures
to make sure that the seats allocated to women (of the same gender) do not remain
vacant.

Chapter Eight
District Councils Elections

Article 30
District Council
Each District shall have one cou
ncil the members of which shall be elected through free,
secret, general and direct ballot cast by the voters of the respective district.

Article 31
Allocation of Seats to the District Councils
(1) Seats to District Councils shall, considering the popu
lation of each district, be
allocated as follows: 1
. District with less than 20,000 population, 5 members
2
. District with more than 20,000 to 40,000 population, 7 members
3
. District with more than 40,000 to 60,000 population, 9 members
4
. District with more than 60,000 to 80,000 population, 11 members
5
..District with more than 80,000 to 100,000 population, (3 members
6
. District with more than 100,000 population 15 members.
(2) In districts where there is movement of nomads (Kuchis), a certain number of seats
shall, be allocated to them within the District Council of the respective district based on
the
nomad population.

Article 32
Membership of District Councils
(1) The candidates who receive the highest number of votes shall be recognized as
members
of the District Council.
(2) If two candidates receive the same number of votes, the winner shall be decided
within (20) days
by a committee composed of the head of the respective provincial appeal
court as head, and the provincial representatives of the Commission and the Afghanistan
Independent Human Rights Commission as members, consider
ing who is the highest
qualified.

(3) If the elected candidate cann
ot occupy his or her seat or for any reason relinquish es
the seat, dies, resigns or is dismissed or is disabled permanently so that the person cannot
discharge his or her duty, in accordance with Article 26 of this law, the seat shall be
assigned to the next most voted person of the same gender (male or female),
based on the

The Dari is the official version of the Law. This English version, issued August 16, 2010 is unofficial. If amendments are passed later, an amended version will be issued.
Translated from the Dari by UNAMA, edited by IFES. 14
prepared list of the Commission, provided that at least one year remains to the end of
term of the Council.
If there is no candidate of the same gender, the seat shall, regardless
of gender
be assigned to the candidate who secured the next most votes.

Chapter Nine
Village Councils Elections

Article 33
Village Council

Each village shall have one
Village Council to be elected through free, secret, general and
direct ballot of the voters of the respective village.

Article 34
Allocation of Seats to the Village Councils
(1) Seats to the Village Councils shall be allocated considering the population of each
village, as follows:
1
. Village with 100 to 300 population, 3 members.
2
. Village with more than 300 to 500 population, 5 members.
3
. Village with more than 500 to 700 population, 7 members.
4
..Village with more than 700 to 1000 population 9 members.
5
. Village with more than 1000 population 11 members.
(2) In villages where there is movement of nomads (Kuchis), a certain number of seats
shall, be allocated to Kuchis in the Village Council,
based on the nomad population.

Article 35
Membership of Village Council
(1) The candidate who receives the highest number of votes shall be recognized as
member
of the Village Council.
If two candidates receive the same number of votes, the winner shall be decided
within
48 hours by a committee composed of head of the respective provincial appeal court as
head, and the provincial representatives of the Commission and the Afghanistan
Independent Human Rights Commission as members,
consid ering the highest qu alified.
(2) If an elected candidate cannot occupy his or her seat on
the Village Council, or for
any reason relinquish es the seat, dies, resigns, or is dismissed or disabled permanently so
that the person cannot discharge his or her d
uty, the seat shall be assigned to the next
most voted candidate person of the same gender (male or female), based on the prepared
list of the Commission, provided that at least one year remains to the end of term of the
Council.

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Chapter Ten
Municipal Mayor Elections

Article 36
Procedure for Election of Mayor
(1) There shall be one Mayor elected for each city. The Mayor shall be elected through
free, secret, general and direct election by receiving more than 50
percent majority votes
of the voters of respective city,
for a period of four years.
(2) If none of the candidates receive more than 50 percent majority votes in the first
round, a run-off shall be held within two
weeks following the announcement of results of
elections, and only the two most voted candidates
shall participate.
(3) If there are equal votes between the two most voted candidates of Kabul Municipality
in the first round, a committee composed of a member of Supreme Court as head, and
two Commission members as members, shall select two candidates for the second round,
considering
the highest qualifications.
(4
) In case of equal vote s between two candidates of Kabul Municipality in the second
round, a committee composed of a member of Supreme Court as head, and two
Commission members as members
, shall select the entitled candidate within 48 hours,
considering the highest qualifications. In the second round of the election,
the candidate
who receives
the majority of votes shall be declared the winner.
(5) If there are
equal vote s in the first round between more than two candidates in the
provincial, district or other municipalities, a committee composed of the head of the
Appeal Court as chairperson, and the provincial representative of the Commission and a
representative of the Afghanistan Independent Human Rights Commission as members,
shall select,
within 48 hours, the two candidates for the second round, considering the
h
ighest qualifications.
(6) If there are equal votes in the second round between two candidates in the provincial,
district or other city municipalities, a committee composed of the head of the Appeal
Court as chairperson, and the provincial representative of the Commission and a
representative of the Afghanistan Independent Human Rights Commission as members,
shall select,
within 48 hours, the person entitled, considering the highest qualifications.
The candidate,
who receives the majority of votes in the second round shall be declared
the winner.
(7) The elected candidate shall start his or her work within 10 days of the announcement
of the elections result
(8) No individual shall be elected as mayor for more than two consecutive terms in one
city.

Article 37
Appointment of New Mayor
(1) If the elected mayor of Kabul city canno
t occupy his or her seat or for any reason
relinquish es his seat during the tenure of Mayor, dies, resigns or is dismissed or disabled

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Translated from the Dari by UNAMA, edited by IFES. 16
permanently so that the person cannot discharge his or her duty,
a commission composed
of a member of Supreme Court as head, and two members of the Commission as
members, shall appoint the most voted candidate in the list of candidates after the elected
Mayor for the remainder of the
term.
(2) If the elected mayor of other provincial capitals, districts and cities canno
t occupy his
or her seat or for any reason relinquish es his seat during the tenure of Mayor, dies,
resigns or is dismissed or disabled permanently so that the person cannot discharge his or
her duty, a commission composed of a member of the Appeal Court as head, and the
provincial representative of the Commission and a representative of the Afghanistan
Independent Human Rights Commission as members, shall appoint the most voted
candidate in the list of candidates after the elected Mayor for the remainder of the term.
If there is no other candidate on the candidate list or the winning candidate is absent or
unwilling to served, new elections shall be held in accordance with the provisions of this
law.

Chapter Eleven
Municipal Councils Elections

Article 38
Municipal Councils
Each municipal ity identified by the Independent Local Administration,
shall have a
council whose members are elected through free, general, secret and direct ballots for a
term of four years by the eligible inhabitants of the respective municipal ity.

Article 39
Number of Seats
(1) Municipal Councils shall have at least 3 seats.
(2) In municipalities where the Independent Local Administrations divided it into two
wards, each ward is a constituency for one of the two seats, while the entire municipality
is considered as a constituency for the third seat.
(3) Municipal Councils with more than two ward s shall have one elected person from
each ward.
(4) A
Municipal Council that is not divided into wards shall have 3 to 5 seats, as required,
considering
its population and th e city services it provides,.
(5) The number of seats for a Municipal Council shall be determined by the Commission
based on information from the Independent Directorate of Local Government and
considering
the number of its wards.
(6) The number of seats for Kabul Municipality Council shall be determined by the
Commission based on the information provided by Kabul Municipality on the number of
its wards.

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Article 40
Allocation of Seats
(1) Each ward in a municipality shall be considered one constituency with one elected
member on the Municipal Council. Eligible registered voters residing in a ward have the
right to vote
in that ward.
(2) Municipalities that
are not divided into wards shall be considered as one constituency,
and eligible registered voters residing there
have the right to vote in the municipality.
(3) For an election of representatives of Municipal Councils, the most voted candidates
shall be recognized as winner. In case of equal vote s between two most voted candidates,
the entitled candidate shall be appointed within 48 hours,
by a committee composed of
the head of Appeal Court as chairman, the provincial representative of the Commission
and a representative of Afghanistan Independent Human Rights Commission as
members, considering the h
ighest qualifications.
(4) If the elected member cannot occupy his or her seat or for any reason relinquish es the
seat, dies, resigns or is dismissed or disabled permanently so that the
person cannot
discharge his or her
duty, a commission composed of the head of the Appeal Court as
chairman and the provincial representative of the Commission and a representative of
Afghanistan Independent Human Rights Commission as members, shall select the most
voted candidate after the elected members of the municipality as a member for the
remainder
of the term.

Chapter Twelve
Conducting Elections
Article 41
Elections Date
(1) The Commission shall declare the election date at least 140 days prior to the intended
date of elections.
(2) The Commission shall clearly pu
blish an electoral calendar at least 120 days prior the
intended date of elections.
Article 42
Voters List
The Commission shall certify the list of voters and make it available to the public in
places determined by the Commission
15 days prior to the sta rt of elections.

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Article 43

Registration for Candidacy
(1) The persons who wish to nominate themselves for elected positions set forth in this
law shall provide a written application for registration as a candida te to the Commission
within the period determined by the Commission.
(2) The application for registration shall have
the following information:
1
. Name and specific address;
2
. Certified educational documents in accordance with the provisions of this law;
3
. Information regarding any conviction, age, movable and immovable properties
and all other requirements contained in this law;
4
. Registration card as a voter or any other document confirmed by the
Commission;
5
. The list of names, number of the registration card as a voter or any document
confirmed by the Commission, and
the signatures or fingerprints of the
individuals residing in the respective constituencies who support
the candidacy of
the person o
n the ballot paper as follows:
– For candidates for the Presidential elections, 100,000 peop le, of which at
least 2% must be from each of at least 18 provinces;
– For candidates for
Wolesi Jirga, 1,000 people;
– For nomad candidates
in Wolesi Jirga, 1,000 Kuch is;
– For candidates for Provincial Councils, 200 to 600 people, considering the
population.
– For candidates for District Councils, 100 to 300 people, considering the

population.
– For candidates for
Village Councils, 20 people.
– For candidates for Mayor, 300 to 2,000 people, as required, considering
the population and the provision of city services.
– For candidates for
Municipal Councils, 100 to 250 people, as required.
6
. Commitment letter and confirmation of eligibility under clause (7) of Article 12
and clauses (1)
and (3) of Article 13 of this law.
7
. Proof of payment, if the Electoral Complaints Commission has fined a
candidate
with a cash penalty in a previous election.
(3) A Presidential candidate shall provide the names of two Vice-Presidents to the
Commission upon his nomination.
(4) The candidates shall make a monetary deposit for candidacy as follow
s:
1
. Presidential candidate, 2.5 million Afghanis. The amount shall be returned to
the candidate if the person is elected or received at least 10 percent of the valid
votes in the first round of elections.
2
. Candidate for Wolesi Jirga, 30,000 Afghanis. The amount shall be returned to
the candidate if the person is elected or received at least 3 percent of the valid
votes in the respective constituency.
3
. Candidate for a Provincial Council, 20,000 Afghanis. The amount shall be
returned to the candidate if the person is elected or received at least 2.5 percent of
the valid
votes in the respective constituency.

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4. Candidate for
a District Council, 10,000 Afghanis. The amount shall be
returned to the candidate if the person is elected or received at least 2 percent of
the valid
votes in the respective constituency.
5
. Candidate for a Village Council, 5,000 Afghanis. The amount shall be returned
to the candidate if the person is elected or received at least 1.5 percent of the valid
votes in the respective constituency.
6
. Candidate for Mayor of a first-rank ed province, 100,000 Afghanis, and
candidate for
Mayor of a second -rank ed province, 50,000 Afghanis, and candidate
for Mayor of a third-rank ed province, 25,000 Afghanis,
and candidate for Mayor
in other places, 15,000 Afghanis. The above amounts shall be returned to the
candidates if the persons are elected or receive at least 10 percent, 7 percent and 5
percent of the valid votes in the respective first-ranked and second-ranked
provinces and other categories of municipalities.

7
. Candidate for a Municipal Council, 10,000 Afghanis. The amount shall be
returned to the candidate if the person is elected or received at least 2 percent of
the valid
votes in the respective constituency.
(5) Persons who have not completed the requirements under clauses (2) and (4) of this
Article and other approved conditions set by the Commission shall not participate as
candidates
in the elections.
(6) The Commission is required to transfer the monetary deposit s of the cand
idates who
do not receive the required percentage of votes specified in clause (4
) of this Article, to
the government bank account.

Article 44
List of Candidates
(1) The Commission shall publish the preliminary list of candidate
s after the completion
of the nomination period.
(2) The Commission shall make public the period during which complaints that relate to
the preliminary list of candidates can be filed. The Electoral Complaints Commission
shall consider such complaints according to the relevant
pro cedure.
(3) The Commission shall publish the final list of candidates after consideration of all
objections by the Electoral
Complaints Commission, and its own decisions.
(4) The
Commission shall display the final list of candidates at the polling centers.
Article 45
Withdrawal from Candidacy
(1) A candidate who withdraws his or her candidacy shall inform the Commission in
writing
prior to the specified date in the electoral calendar.
(2) If a candidate withdraws his or her candidacy or dies after the specified date in the
electoral calendar, or if his or her name is removed from the list of candidates by the
Electoral
Complaints Commission, the votes for the candidate shall not be count ed.
(3
) The money deposited by a candidate under clause (2) of this Article shall, except in
case of the death of the candidate, not be returnable, and the Commission is required to
transfer the said amount to the government bank account.

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Article 46
Elections Campaign
The Commission shall determine the period of the election campaign. This period shall
end 48 hours prior to the start of voting.

Article 47
Establishing Polling Centers and Provision of Electoral Materials
(1) The Commission shall establish polling centers across the country and facilitate
access by the voters to the polling centers.
(2) The Commission shall furnish the ballot papers, ballot boxes, voting booths, seals and
other required materials,
and make other arrangements to facilitate the elections process.
Article 48
Ballot boxes
The Commission sha
ll undertake the following tasks in relation to the ballot boxes:
1
. Supplying ballot boxes of a design an d material to ensure they are can be
closed and sealed securely.
2
. The manner ballot boxes are marked and identified.
3
. The manner ballot boxes are closed, sealed, secured and opened.

Article 49
Ballot Papers
(1) The
Commission shall undertake the following tasks in relation to ballot papers:
1
. Provi sion of ballot papers.
2
. Assigning symbols to the candidates and displaying them in appropriate pla ces.
3
. Determining the language to be used o n the ballot papers.
4
. Adopting a procedure by which the ballots are to be marked by the voters.
5
. Adopting a procedure for counting ballot papers.
(2) The order of listing of candidates o
n the ballot papers and distribution of symbols by
the Commission shall be based on drawing lot.
(3) Political affiliation of candidates to political parties shall be shown on the ballot
papers.

Article 50
Supervisors and Observers
The Commission shall determine the rights and obligations of the agents, observers and
representatives of mass media,
and provide and distribute accreditation badges to them.

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Article 51
Removal of Campaign Materials
The Commission shall order the removal of campaign materials displayed within 100
meters of the polling centers 48 hours prior to polling.

Article 52
Prohibition of Carrying Arms at Polling Stations
No one shall be allowed to carry firearms
or sharp weapons within 500 meters of any
polling center. Carrying weapons by the security personnel authorized by the Ministry of
Interior is exempt from this provision.

Article 53
Start and Close
of Voting

(1) The start and close of voting in polling centers shall be arranged in accordance with
the time schedule to be prepared and announced by the Commission.
(2) Voting shall be conducted in accordance with the procedures prepared and organized
by the Commission.
(3) The head of a polling center may order the suspension of voting in case of riot,
violence, storm, fl
ood or any other unexpected event in the polling stations and areas that
make the process of voting impossible,
and immediately inform the Commission of his or
her decision.
(4) The head shall mark the end of the line of voters present before announcing the close
of voting at the polling stations under the provision of paragraph (1) of this Article and
shall allow those voters
to cast their ballots.
(5) The Commission may extend the voting time by up to a maximum of two hours in
any
polling centres.

Article 54
Protests
against Vot ers

(1) Agents candidates and political parties may protest the right to vote or the voting of a
person in a
polling center, before the voter receives a ballot paper.
(2) The head of polling center is obliged to either accept or reject the protest mentioned in
clause (1) of this Article and shall record officially the reason for rejection or acceptance
of the protest,
on the day of elections.
Article 55
Sealing Ballot Boxes

(1) When a ballot box is full or the election is over, the head of the polling station shall
seal the ballot box in accordance with the relevant procedure in the presence of agents of
the candidates,
and allow the agents of the candidates to sign in the box and note the
numbers on the seals.

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(2) The head of polling station shall submit all ballot boxes and ballot papers to the ballot
counting center,
as ordered by the Commission.

Counting of Ballots Article 56
Counting of the votes shall take place in polling centers unless the Commission,
taking
into consideration security, technical or weather condition, decides otherwise.

Article 57
Quarantine of Ballot Boxes
(1) The Commission may quarantine ballot boxes in case of a complaint or visible signs
of fraud related
to the ballot boxes.
(2) The Commission may include the quarantined
boxes in the counting or permanently
exclude them from the counting process,
after inspection of the boxes in the presence of
observers and agents
of the political parties and candidates for their satisfaction.

Article 58
Announcement of Certified Results
(1) The Commission or the Electoral Complaints Commission may issue an order for
recounting of some or all of the ballots at the counting center,
or for conducting a re-
election in the constituency before certification of the final results, if the principles of
free, secret, direct and general elections have been
undermined.
(2) The Commission shall announce and publish the final results of elections after
completion of the counting procedures and the determination of all complaints regarding
voting and counting by the Electoral Complaints Commission.
The results of elections shall be final and binding after certification by the Commission.

Article 59
Publication of Ideas and Opinions of Candidates
(1) Television, radio and newspapers and other mass media shall broadcast and publish
the platforms, opinions and aims of the candidates for public awareness during the
electoral campaign,
in accordance with the procedures established by the Commission.
(2) The state-owned mass media shall
broadcast and pub lish opinions, aims and platforms
of the candidates fairly and impartially for public awareness during the electoral
campaigns,
as agreed with the Commission.
(3) The state-owned mass media is obligated to adopt policies and procedures required
for fair and impartial publication of platforms of the candidates in line with the provisions
of clauses (1) and (2) of this Article.

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Article 60
Media Commission
(1) The Commission shall establish a Media Commission at least 60 days before the
elections date. The Media Commission shall oversee the reporting and fair broadcasting
of the electoral campaign, and address violations relating to reporting and fair
broadcasting of electoral campaign or other offenses related to the aims, policies and
procedures of the mass media. Any person may present his or her complaints to the
Media Commission.
(2) The Commission shall regulate the duties and privileges of the Media Commission.
(3) The Media Commission may adopt one of the following measures as required in cases
of violating the provisions of Article 59 of this law:
1
. Issue a warning to the violator to rectify the mistake;
2
. Assess a fine of up to 500,000 Afghani;
3
. Report a natural or legal persons accused of a violation for prosecution to the
relevant authoritie s.
(4
) The Commission shall dissolve the Media Commission, within a maximum of 45 days
after announcing the election results and performing all its duties, and its responsibilities
shall be
transferred to the Commission.

Chapter Thirteen
Complaints and Electoral Violations
Article 61
Electoral Complaints Commission
The President, in consultation with the Speakers of the two houses of the National
Assembly and the Chief Justice of the Supreme Court,
shall establish the Central and
Provincial Electoral Complaints Commissions in order to address breaches, complaints
and objections resulting from elections, and to manage the provincial complaints
commissions and assess their decisions, at least 120 days prior to the election date.

Article 62
Duties of Central and Provincial Electoral Complaint Commissions

(1) The Central and Provincial Electoral Complaint Commissions shall have the
following duties:
1
. To address complaints against the list of candidates and voters, and the
conditions and
qualifications of the candidates presented during elections.
2
. To address complaints related to electoral violations, provided that the
complaints are received before certification of election results.
(2) The Central and Provincial Electoral Complaint Commissions may, in the absence of
complaint or protest, address the issues within their authority.
(3) Electoral complaints shall be addressed in accordance with procedures adopted by
the Central Electoral Complaints Commission.

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(4) The Central Electoral Complaints Commission shall review the decisions of
Provincial Electoral Complaints Commission if the complainant is not satisfied with their
decisions.
(5) The Provincial Electoral Complaints Commissions are the primary body for
addressing electoral complaints. In exceptional circumstances, the Central Electoral
Complaints Commission shall serve as the primary source for addressing electoral
complaints.
(6) The decisions of Central Electoral Complaints Commission related to addressing
electoral protests and complaints are
final.
(7) The Central and Provincial Electoral Complaints Commissions shall, after
certification of the elections results, end their activities within a maximum of 2
months ,
and their authorities shall be transferred to the Independent Elections Commission
after
dissolution.
(8) The
Central and Provincial Electoral Complaints Commissions shall have secretariats.

Article 63
Electoral Violations

The following shall be considered as electoral violations:

1
. Providing false information to the Commission and its related commissions.
2
. Intimidation, threatening or attacking the dignity of a voter, candidate,
temporary or permanent employee of the elections or journalist who reports
elections-related events,
or using force against them.
3
. Preventing relevant people from participating in the election process, including
agents,
supervisors and observers who are carrying ac cred itation cards.
4
. Fraud in the voting or the counting of votes.
5
. Offering or accepting money or any other benefit to influence the elections.
6
. Possession of or attempting as a voter to have more than one registration card
or other document issued by the Commission.

7
. Voting or attempt to vote by using a forged card or a card belonging to another.
8
. Change or theft or destruction of elections documents without legal authority.
9
. Duplication or forging of registration cards or other document, ballot papers or
official forms specified by the Commission, or their use.

10
. Obtaining voter registration cards or any other document specified by the
Commission, in a deceitful manner
11
. Attempting to vote more than one time in an election.
12
. Unauthorized interference with electoral materials or ballot boxes.
13
. Interruption of election employees in performing their duties.
14
. Violating the code of conduct of candidates and their agents or th at of the
election employees.
15
. Use of funds gained through illegal activities.
16
. Use of foreign financial resources to influence the stages of elections.
17
. Attempt to incite or provoke other people to commit electoral violations.
18
. Violating the provisions of the law, regulations and electoral procedures.

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19. No t
following the orders of the Commission, the Provincial and Central
Electoral Complaints Commissions or the Media Commission.
20
. The use of any symbol, color, slogan and other signs belonging to one
candidate by other candidates or their agents
at the polling stations.
21
. Other violations stipulated in the related regulations and procedures.

Article 64
Sanctions and Penalties
(1) The Central Electoral Complaints Commission and Provincial Electoral Complaints
Commissions shall take one of the following measures,
as appropriate, in case of
electoral violations:
1
. Warning or issuing a corrective order to the violating person or organization .
2
. Imposing a cash penalty as required up to 500,000 Afghani.
3
. Making a d ecision to re-run an election or recount votes before certification of
the results.
4
. Removing the name of a candidate from the list, in case of justified reasons.
5
. Invalidating ineligible ballot papers or issuing an order to recount ballots.
6
. Preventing the violator from work ing in any commission for a maximum of 10
years.
(2) The Central Electoral Complaints Commission and Provincial Electoral Complaints
Commissions may ban a political party or a candidate if the members or their supporters
commit any electoral violations. Banning shall be valid only when it is founded on
justified evidence.
(3) The Central Electoral Complaints Commission may, in addition to banning and cash
penalty, refer a violator
for prosecution, if evidence of a crime is available.
(4) The execution of decisions made by the Central and Provincial Electoral Complaints
Commissions relating to banning or penalties is the duty of the relevant Electoral
Co mplaints Commissions, the Commission and
the Government.

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Chapter Fourteen
Miscellaneous
Article 65
Suspension of Elections
(1) If a security situation or unpredicted events and conditions make the holding of
elections impossible, or undermines the legitimacy of the elections, the Commission may
suspend the elections from the specified date until the removal of the peril or
improvement
of the conditions.
(2) If the conditions referred to in clause (1) of this Article are confined to one or several
constituencies, the Commission may suspend the elections in those constituencies until
the removal and improvement of the condition s.
(3) If elections are identified as defective in one constituency, the Commission may order
the
elections to be re-run in that constituency.
(4) The Presidential election is subject to the provisions of clauses (1), (2) and (3) of this
article, in line with the provisions of the Constitution.

(5) If an election is suspended pursuant to clause (1) of this Article, the candidates for
elected posts stated in this law shall continue their duties until the holding of the election
and the announcement of its results.

Article 66
Adoption of Regulations and Procedures

The Commission may adopt and publish separate regulations, procedures and guidelines
in order to better implement the provisions of this law.

Article 67
Entry into Force
This law shall enter into force from the date it is endorsed and published in the Official
Gazette.

On the entry into force of this law, the Elections Law published in Official Gazette No.
850,
dated 07/02/1384, including the amended clause (3) of A rticle 27 and the added
clauses (4) and (5), published in Official Gazette No. 874
, dated 05/11/1284, and the
Municipal Elections Law published in Official Gazette No. 814
, dated 30/10/1382, shall
be repealed.