Translated and annotated by Ibrahim Hashi Jama LL.B, LL.M

The House of Representatives of the Republic of Somaliland

Having seen: Articles 22, 40, and 41, of the National Constitution of the Republic of Somaliland;

Having Considered: The Constitutional right of the citizen to stand for elections and to vote;

Having Confirmed: That the holding of the election of the House of Representatives shall complete the democratic processes aimed at consolidating fully the statehood of Somaliland.

Has promulgated the following Law, which shall form an annexe to Law No: 20 of 2001:

Article 1: Definitions

Election: means the process of sifting of candidates running for membership of the House of Representatives by means of majority votes cast by the citizens who vote.

Commission: means the national committee responsible for the organisation of electoral activities.

Polling Stations: means the places where a number of the public who reside near each other cast their votes, as assigned by the Commission.

Agent: means the person delegated by a party to follow the election activities at the polling stations or at the district or regional electoral offices or the Commission headquarters.

Candidate: means the member nominated by a party to run for membership of the House of Representatives in accordance with the law.

Voter: means the person who fulfils the conditions for voting set out in this Law and casts his vote.

Seat: means the position of membership of the House of Representatives to which one person can be elected.

Symbol: means the registered unique logo or sign which identifies one party/candidate .

List: means the names of candidates for the election of the House of Representatives submitted by each party to the Commission, who shall compete equally for the election regardless of their position in each list, which shall have no bearing on their election.

Public Officials: means the senior public officers of a rank equivalent to a departmental director or above and the heads of the governmental agencies, as well as the senior officers of the armed forces and the police of a rank equivalent to a commander of a group or of a police station, or above.

Election Campaign: means the activities of the parties and their candidates in competing for the support and understanding of the voters, in accordance with this Law.

Central Office: means the supreme headquarters for the management of the election activities to be carried out by the Commission.

Regional Office: means the office, set up by the Commission in accordance with this Law, which manages the election activities in the region.

District Office: means the office, set up by the Commission in accordance with this Law, which manages the election activities in the district.

Polling Station Office: means the station where the citizens cast their votes and the voting activities are managed.

Officeholders: means the various personnel assigned by the Commission to work at polling stations, the district and regional electoral offices and the central headquarters as set out in this Law.

Contraventions: means any act, be it a deed or a spoken word, which affects the conduct of the election and the public order;

Observers: means the international or national inspectors accredited by the Commission, who shall check that the election activities are conducted properly.

Remainder : means the number of (remaining) votes which amount to less than total needed for the allocation of one seat.

Sequential order: means various things which are connected and are noted in a way that they follow each other sequentially.

PART I
GENERAL PRINCIPLES

Article 2: Scope of this Law
This Law shall be used for the conduct of the election of the members of the House of Representatives of the Republic of Somaliland.

Article 3: Total Membership and Election of the House of Representatives
The House of Representatives of the Republic of Somaliland shall consist of 82 (eighty two) members who shall be elected in a direct general election through a free and secret ballot, as set out in Article 40 of the Constitution.

Article 4: Term of Office
The term of office of the successful candidates for the election of the House of Representatives shall be 5 (five) years beginning from the date the Supreme Court declares the outcome of thee election as set out in Article 42(1) of the Constitution of the Republic of Somaliland.

Article 5: Conditions relating to Voters
1. He must be a patrial citizen of Somaliland or a naturalised citizen in accordance with the Citizenship Law .
2. He must not be aged less than 16 years during the year the elections are being held.
3. He must be free and not in prison on the date of the election.

Article 6: Rights of the Voter
Every voter who fulfils the conditions set out in this Law shall have the right to:
1. cast his vote at the locality in which he is at and where the election is being held.
2. When the Republic of Somaliland receives international recognition, citizens who fulfil the conditions relating to voters and who reside in a foreign country at the time the election is held shall cast their votes at their nearest diplomatic offices of the Republic of Somaliland abroad.
3. Voting shall be personal, free, direct, and secret and all votes shall be given equal weighting.
4. Each voter shall have only one vote for each election.

Article 7: The Right to Stand for Election
1. Every citizen who fulfils the condition set out in this Law may stand, in accordance with this Law, as a candidate through the Party of which he is a member.
2. The Executive Committee of each Party has the exclusive power to appoint candidates, and shall, on receiving the proposals of the Regional Committee of the Party, issue, in an Executive Committee resolution, the list of candidates which the Committee has endorsed on a majority vote.
3. Employees of the state and those of the independent governmental bodies, as well as members of the armed forces, of whatever rank, shall not be eligible to stand for the election of the House of Representatives unless they have submitted their resignations four months before the date of the election, as set out in Article 41(7) of the national Constitution .
4. Such resignation shall be accepted and shall be confirmed in writing by the person who has the power to do so.

Article 8: Timing of the Elections
The Commission shall declare the date when election of the House of Representatives shall be held, as set out in Article 42 of the Constitution , and their declaration shall be published as a Presidential Decree.

Article 9: Establishment of Electoral Regions
1. In the election of the House of Representatives of the Republic of Somaliland, the country shall be divided, in accordance with Article 109 of the national Constitution , into electoral regions which will have the same boundaries as the six districts which existed on 26 June 1960 and which are now the regions.
2. The National Commission, in consultation with the Ministry of Interior, the Chairmen of the Regions and the three national parties, shall establish the electoral regions , at the latest, 60 days before the polling day.
3. Having consulted the Ministry of Interior, the Chairmen of the Regions and the three national parties, the Commission shall announce, and inform the media of, the assigned electoral regions.

PART II
THE ELECTORAL SYSTEM

Article 10: The Electoral System
1. Every party which intends to contest the election of the House of Representatives shall be required to submit to the national Commission a list of the candidates it chose to run for the election. The names of the candidates shall be set out in a sequential order, and shall relate to each region on the basis of the number of seats allocated to each region.
2. The seats allocated to each electoral region shall be won by the parties on the basis of "proportional representation system " as reflected by the votes cast for each party in the region.

Article 11: Polling Stations
1. Every electoral region shall have polling stations which shall be chosen by the national Commission, in consultation with the Ministry of Interior, the Chairmen of the Regions and the national parties.
2. The Commission shall establish such polling stations, no later, than 60 days before the polling date.

Article 12: The Procedure for Allocation of Seats
1. In order to give priority to the national interest which will be served by the holding of an election, the allocation of the seats of the House of Representatives to each region for this election only shall be as follows:
1. Hargeisa Region 20 seat
2. Togdher Region 15 seats
3. Awdal region 13 seats
4. Sanag Region 12 seats
5. Sool Region 12 seats
6. Sahil Region 10 seats
2. On completion of the polling and counting of the total valid votes for each region, the total votes shall be divided by the number of seats allocated for each region, thus arriving at the number of votes required for each seat . The total votes cast for each party in each region shall then be divided by the number (of votes) required for each seat to arrive at the number of seats each party shall gain in each region.
3. If, when the total valid votes for each region are divided by the number of seats for that region, there is a remainder of votes for each specific party which are less than the number required for one seat, the parties shall divide the remaining seats on the basis of the largest remainders.
4. When the activities set out in Clauses 2 and 3 of this Article are completed, the seats each specific party gains from the total seats for each region shall be allocated amongst the candidates in that party on the basis of a simple majority of the total votes cast for each candidate .
5. If serious circumstances or situations do not permit the holding of the election in any locality of the country, the Commission shall evaluate the situation and arrive at a decision about it after having gained the agreement of the Government and the national parties.
6. The seats allocated for the polling stations where the election can not take place shall be distributed to the parties on the basis of the proportion of total valid votes each party gained in the relevant region.
7. If, however, the election can not take place in the whole of one region, the seats for that region shall be divided among the parties on the basis of the proportion of total valid votes each party gained throughout the country. The seats allocated for each party will then be distributed amongst its candidates in the order that their names appear on the candidates' list.

Article 13: List of Candidates
1. Every party shall submit to the Commission a list of the names of its candidates who have been chosen by the party to contest the election. The list shall be based on the total number of seats allocated for each region and the names shall be written in a numbered order.
2. As set out in Article 22 of the Constitution , the Parties shall respect the electoral rights of citizens and their right to participate in political activities, and citizens may not be treated differently on the basis of their ethnicity, language etc. The Parties must also encourage the participation of women and minorities in the affairs of the country as set out in Article 36(2) of the Constitution .

Article 14: Successful Candidates
1. The candidates in the parties' lists who are unsuccessful in gaining seats shall remain as reserve candidates and shall have the right to fill any seat at the House of Representatives vacated by members of their party.
2. When a member (or members) of the House of Representatives vacates a seat in line with the reasons set out in Article 50 of the Constitution , and the Chairman (Speaker) of the House so declares, the Commission shall substitute, within a period of no more than two weeks, the departing member with a reserve candidate of the same party on the basis of the total votes the reserve candidate has gained.

PART III
CANDIDATES

Article 15: Conditions Relating to Candidates
As set out in Article 41 of the Constitution, anyone standing for the House of Representatives' election must fulfil the following conditions:
1. He must be a patrial citizen of Somaliland or a naturalised citizen in accordance with the Law .
2. He must be a Muslim and must behave in accordance with the Islamic religion.
3. He must not be aged less than 35 years during the year when the election is being held.
4. He must be physically and mentally able to fulfil his duties.
5. He must be educated to, at least, secondary school level or equivalent.
6. He must be a responsible person with appropriate character and behaviour.
7. He must not have been subject of a final sentence for a criminal offence by a court within the preceding five years.
8. He must confirm in a note signed by him his candidacy for the election and that he will comply with the electoral laws and the codes of conduct.
9. He must pay the necessary candidate's deposit .

Article 16: Conditions Relating to Candidates
1. The Chairman or the General Secretary of the each party shall forward the party's regional lists of candidates for the election of the House Representatives to the Commission office by 6.00 o'clock in the afternoon of the day which is 60 days before the polling date. The lists must indicate clearly the four names of each candidate , his age and the region in which he is contesting a seat. If there are candidates whose full names are identical, then their nick-names (if any) and their fourth names should be added.
2. The lists of candidates of each party forwarded to the Commission shall be accompanied by the following:
a) Evidence of the state of health, absence of criminal convictions, education, resignation from public service appointments (if relevant) etc. of each candidate.
b) 4 copies of the lists which show clearly the symbol of the party.
c) Declaration by each candidate to the effect that he accepts his candidacy and that he shall comply with the law and the codes of conduct of the elections.
d) The Resolution of the Executive Committee of the party endorsing the list of candidates.
e) Receipts issued by the Ministry of Finance for payment of the candidates' deposits .
3. Any disagreements within a party relating to the selection of the candidates or the submission of the list of candidates shall be resolved by the Executive Committee of that relevant party.

Article 17: Checking the Eligibility of Candidates
1. The leadership of a party must take note of the national interest when they are selecting candidates and shall ensure that the candidates fulfil the fundamental conditions set out in the law, are able to execute properly the responsibilities they are competing for and can enhance the reputation and worth of the party and the nation.
2. The Commission shall, on its part and independent of others, verify that candidates submitted to it fulfil the (necessary) conditions. If the Commission is satisfied that a candidate (or candidates) in a list does not fulfil a (relevant) condition or conditions, it shall ask, within 3 days , the party that submitted the list to ensure that the relevant conditions be met or that a substitute candidate be submitted within a specified period.

Article 18: Symbols of the Lists of Candidates
1. The symbols shown in the lists of candidates submitted by the parties shall be different from each other.
2. No party may use a symbol which has been used previously in an election by another party.
3. Symbols shall be unique and shall show a recognised sign , but shall not show a governmental, tribal or sectarian sign.

Article 19: Privileges of the Commission, Candidates and Officeholders
Candidates for the election of the House of Representatives whose candidacy has been publicised by the Commission shall not be detained during the elections unless they have been caught in flagrante delicto in respect of an offence punishable by imprisonment for three years or more.

Article 20: Publicising the Lists of Candidates
1. The Commission shall publish the list of candidates for each region and shall ensure that the various symbols of the parties are shown clearly.
2. The Commission shall ensure that every polling station receives copies of the (relevant) lists of candidates for the region so that they can be displayed in all the polling stations of the region.
3. The Commission and its offices shall distribute formally 45 days before the polling day the parties' lists of candidates by using the various types of media, and shall at the same time take all measures to ensure that the public, wherever they are, may be able to notice, without any hindrance, the lists of competing candidates.

Article 21: Deposit
Candidates competing for membership of the House of Representatives shall pay non-refundable deposit of 1,000,000 Sl.Sh., at the Inland Revenue Office of the Ministry of Finance.

PART IV
ELECTION CAMPAIGNS

Article 22: The Beginning and End of the Election Campaign
The election campaigning shall start when the Commission declares that the election campaign is open, 30 days before the polling day and shall finish 24 hours before the polling day .

Article 23: The Holding of Demonstrations
1. Party officials who are organising public demonstrations relating to the election campaign shall inform in writing the relevant town mayor 48 hours before the planned event.
2. If two or more demonstrations are requested to take place on the same day, the town mayor may order them to be held at different times. The town mayor may ban the holding of demonstrations if he is satisfied that they might damage the health, morals or public order etc, and it is incumbent on him to order that these demonstrations may be held at a place or time specified by him.
3. No more than one demonstration can be held in a town or a village in any one day.

Article 24: Display of Posters
Election campaign posters and leaflets shall not be affixed to mosques, government offices and transport, and the premises of foreign diplomats and those of international organisations etc.

Article 25: Conduct of Assemblies and Demonstrations
In election campaign meetings and demonstrations held by the parties to attract the support of the voters, it is forbidden:
1. to carry weapons or wear military or similar uniforms;
2. to hold such campaigns or demonstrations near venerated sites, such as mosques, or other unsuitable places, such as schools, hospitals etc;
3. to utter speeches or show displays intended to damage the culture, religion, peace and public order etc. or, in the same way, intended to damage a clan, a district etc; and
4. to use public property, of whatever kind, for the benefit of a candidate or a party.

Article 26: Use of Public Resources
1. The national parties shall have equal access to the government owned media and to the use of the public assembly grounds during the election campaign. The Commission, in consultation with the parties and the Ministry of Information, shall undertake the allocation of the requisite hours (for each party).
2. No party may use for its own purposes the property of the nation.
3. No party may use directly or indirectly property owned by foreigners, such as that of foreign NGOs and that of the UN agencies.

Article 27: Movement of Transport at Polling Day
1. Except for essential transport, such as those needed for public order, ambulances, water carriers, trucks with lifting equipment needed for electric pylon repairs etc, which will all be given permission to move, no other public/government and private transport shall be allowed to move during the polling day from 6.00 o'clock in the morning to 8.00 o'clock in the evening.
2. The Commission shall issue travel permits and a distinct sign that can be recognised, to persons involved in the conduct of the election and to the senior officials of the parties.
3. The Commission shall inform the public through the media, seven days before the polling day, the ban on the movement of transport during the polling day, and any transport that contravenes the ban set out in this Article shall be dealt with in accordance with the Law .

Article 28: Agents of the Parties
1. The Executive Committee of each party may send two agents who have the right to vote to any polling station where its candidates are standing for election and to any district, regional or national electoral offices. Each party may also send substitutes, if the agents are absent.
2. Agents sent by the parties shall be present when the electoral offices are conducting electoral activities, and shall submit their concerns or requests for clarification (if any), which shall be recorded.
3. The names of the agents of the parties shall be submitted to the Commission or its offices 21 days before the polling day. The Commission or its offices shall issue each agent with an accreditation or written permission allowing him access into and freedom to exercise his duties at the polling station or electoral office to which he was assigned.

Article 29: Conditions Relating to Party Agents
The agents assigned by the parties to the polling stations or the electoral offices shall fulfil the following conditions :
1. He shall be a partial citizen of Somaliland.
2. He shall not be aged less than 25 years in the year when the election is taking place.
3. He shall be able to read and write.
4. He shall a responsible and well behaved person.
5. He shall be trained by the Commission in the duties of an agent.

PART V
PREPARATION FOR AND MANAGEMENT OF THE ELECTION

Article 30: Total Membership of the Commission
REPEALED

Article 31: The Schedule of the Electoral Activities
1. Without prejudice to the duties and powers of the Commission as set out in the Election Law (Law No: 20/2001), it shall also be the duty of the Commission to publish officially a schedule with time frames, which sets out clearly the plan of its activities. Copies of the schedule shall be sent to the parties and shall also, at the same time, be publicised in the various media.
2. After the publication of the schedule, any changes to the plan of the activities considered to be necessary by the Commission shall be communicated to the parties and shall, at the same time, be publicised in the media.

Article 32: Electoral Officeholders
Without prejudice to the matters set out in Articles 19 and 20 of the Election Law (Law No: 20/2001) which relate to officeholders, it shall be the duty of the Commission to:
1. check thoroughly that the officeholders entrusted to undertake the heavy responsibilities of the election are proficient and able to fulfil these responsibilities;
2. provide the officeholders with adequate training and, at the same time, ensure that the officeholders can fulfil their duties properly, before the polling day;
3. prepare transport for undertaking the activities and communication equipment for the electoral offices and the inspectors .
4. If the need arises, the Commission shall have the power to increase the number of officeholders at the polling stations and the district and regional electoral offices.

Article 33: Contracts for Provision of Electoral Equipment and Materials
1. To avoid corruption, personal interests and injustice, the Commission shall offer contracts for the supply of electoral equipment and materials through competitive tendering.
2. The Commission shall enter into a comprehensive agreement with the successful bidder, which shall set out clearly the details of the contract, the period and the time for the supply of the equipment and materials, the method of payment etc.
3. Members of the Commission or their families or businesses shall not be awarded such contracts, nor shall they benefit, in any other way, from their responsibilities .

Article 34: Electoral Offices' Equipment/Materials
1. The National Electoral Commission shall prepare for each polling station the following equipment/materials :
a) A copy of this Law.
b) A sealed container which has in it the stamp of the polling station as well as ink and a stamp pad.
c) A sealed container which has in it the ballot papers.
d) The Registration Book.
e) A numbered ballot box for the ballot papers.
f) A four copy note pad for recording the electoral materials.
g) Three forms for recording the voting activities.
h) A tabulated form.
i) Enough red ballpoint pens for marking the ballot papers.
j) At least 5 printed posters showing how voters can mark the ballot papers.
k) A box of candles and matches for use in places where there is no electricity or if they are needed.
l) The various stationery that may be required.
m) 8 official forms for recording the results of the polling and signed by the Chairman of the polling station and three party agents .
n) Plastic cover or tent for covering the polling station electoral materials so as to prevent them from getting wet in the event of rain.

Article 35: Getting Electoral Equipment/Materials Ready
1. The Commission shall prepare for every district/regional electoral office the following materials:
a) A copy of this Law.
b) A sealed container which has in it the stamp of the District or Regional Electoral Office as well as ink and a stamp pad.
c) A four copy note pad for recording the electoral activities at the district or regional electoral office.
d) Tabulation forms.
e) Various stationery.
2. The equipment for each electoral office shall be placed in a separate container which shall be locked and sealed. The Commission shall send the equipment and the numbered ballot boxes at the appropriate time to the regional electoral offices which shall forward them to the district electoral offices so that the latter can, in turn, pass them on to the polling stations in their districts.
3. The Commission shall prepare for the district/regional offices extra ballot papers kept in sealed envelopes for use by any electoral office that requests them. Such requests must be accompanied by reasons, and the ballot papers shall be handed to the Chairman of the polling station.
4. All the various equipment and materials used for the election shall be guarded carefully, recorded in registers at every place they are kept and returned to the central electoral headquarters at the conclusion of the election.
5. A 5 - 7 copy note pad for recording the official result of the votes cast in the electoral district, which shall stamped and signed by three party agents and the Chairman of the polling station.

Article 36: Ballot Papers
1. Ballot papers shall have three equal, parallel and separate vertical columns. Each party shall have its own column with its symbol printed at the top in an upright and rectangular manner. The names of the candidates of each party in each region shall be printed underneath the party's symbol. A blank rectangular box for the voter to mark his choice of a candidate shall be printed in front of the name of each candidate. Each ballot paper shall have a small gummed edge so that it can be sealed.
2. An adequate number of specimen ballot papers for use by the parties shall be printed and distributed to the parties during the election campaign so as to inform and acquaint the public with the voting procedure. The specimen ballot papers shall not have serial numbers.
3. Ballot papers shall contain secret holograms which cannot be forged and shall also have serial numbers.

Article 37: Polling Booth and Ballot Box
1. Every polling station where voting is taking place shall have two small booths for voters to use when marking the ballot papers.
2. The ballot boxes for holding the ballot papers shall be placed in a visible place at the polling station, which is in full view of the Chairman of the polling station, the other officeholders at the polling station and the party agents.

Article 38: Display of the List of Candidates
A printed copy of the lists of the names of party candidates running for election at each region shall be displayed in a place at the electoral office or outside the polling station, which is clearly visible.

Article 39: Distribution of Electoral Equipment/Materials
1. Taking into account any unexpected circumstances which might hinder the distribution of the electoral materials, the Commission shall ensure that the materials needed for the election reach each Regional Electoral Office at an appropriate time. The Regional Electoral Office shall, ensure that the materials reach District Electoral Office, at the latest, 10.00 o'clock in the morning of the day before the polling day.
2. The District Electoral Office shall ensure that all the polling stations where the voting will take place in its district receive all the necessary materials before 5.00 o'clock in the morning of the polling day .
3. The Chairman of each polling station shall be issued with:
a) A note declaring the names of the polling station officeholders .
b) A note declaring the names of the agents of parties who shall be present at the polling station.
c) A note declaring the names of the international and local observers who are working in the district.

Article 40: Getting the Polling Station Office Ready
1. When the polling station Chairman receives the equipment referred to in the preceding Article, he shall:
a) prepare the office and inform the scrutineers and the secretary of their duties and brief them on how they can fulfil their assigned responsibilities;
b) ensure that the approved agents of the parties are present;
c) having confirmed that the containers are sealed, in the presence of the station officeholders and the agents of the parties, open them and check that the materials are complete;
d) having confirmed with the station officeholders and the party agents that the envelopes containing the (polling) station stamp and the ballot papers are sealed, open the envelopes, mark the ballot papers with the polling station stamp and place them neatly in a suitable container. No person, other than those assigned in writing to the polling station, shall be present at the polling station at this stage;
e) ensure that the displays setting out the voting procedures and the lists of the candidates are affixed to the assigned places;
f) ensure that the necessary equipment assigned for the voting is utilised in the way set out in the Law so that the election activities are carried out properly.
2. He (the polling station Chairman) shall record that all the above activities have been carried out. The record shall carry the stamp of the polling station and shall indicate the total number of ballot papers received by the polling station and the Registration Book.
3. He shall then ensure that all the officers and the agents confirm through their signatures that everything is in place as planned.
4. When the Chairman of the polling station confirms that all the above activities have been carried out, he shall declare that the voting may commence.

Article 41: Powers of the Chairman of the Polling Station
1. The Chairman of the polling station shall keep the order during the election. He may instruct the police to remove a person from the polling station or detain a person who has committed an offence in connection with the electoral activities or a person who is manifestly insane.
2. The police shall not enter the polling station unless ordered to do so by the Chairman.
3. If an unforeseen event arises, which may have a detrimental effect on the proper conduct of the election, the Chairman of the polling station has the power to take interim measures to resolve the problems and shall record, in writing, the measures taken and forward the record to the District Electoral Office.
4. Police officers and state employees shall fulfil any requests made by the Chairman of the polling station so as to ensure smooth voting and avoid overcrowding around the polling station officerholders' table or in the immediate vicinity of the polling station.
5. The Chairman of the polling station shall have the right to exercise the powers set out in this Article.

Article 42: Order at the Polling Station
1. Only officeholders working at the polling station, agents of the parties and voters casting their votes may enter the polling station .
2. It is forbidden for any one, other than the forces keeping the peace at the polling station, to carry weapons at the polling station.
3. Voters shall form queues and only one person at a time may proceed to the polling booth. Voters shall move in the order of their arrival (at the queue), but a person may be allowed to proceed ahead if there are any special circumstances relating to him or he is a person working on electoral activities and wishes to cast his own ballot.

Article 43: Persons who can not Vote
1. Only voters who attend the polling station in person may place their votes in the ballot box.
2. If, because of physical incapacity or age or other reason, a person who is the polling station may not be able to cast his vote, the Chairman of the polling station may mark the ballot for him in the presence of the party agents .
3. The Secretary of the polling station shall record the reason why the person was allowed to be helped in casting his vote and the record shall also show the name(s) of the person and that of his helper .

Article 44: The Voting Procedure

1. On completion of the activities set out in Articles 40 and 42 of this Law (and those set out in Article 45 of the 2001 Election Law) , the Chairman of the polling station shall hand the voter a ballot paper which has the polling station stamp affixed to it and which has been detached from its remaining counterfoil.
2. The voter shall then enter the small booth where he will mark the ballot paper and fold it.
3. Using a red biro-pen provided by the Secretary of the polling station, the voter shall put his mark (on the ballot paper) at the blank rectangular box in front of the name of the candidate he is voting for. The voter shall then fold the ballot paper, seal the gummed edges together and place it in the appropriate ballot box.
4. When the voter puts his ballot in the box through its opening, he must leave the polling station after the Chairman of the polling station has checked that the voting ink stain on the voter is clearly apparent .
5. If the voter notices before he casts his vote that the ballot paper he was given is incomplete or damaged, he shall return it and ask the Chairman of the polling station for a replacement. Such an incident shall be recorded in writing.
6. The Chairman of the polling station shall have the power to eject from the station and to confiscate the ballot paper of any voter who, without any excuse, loiters at the station. Any such ejected voter may be allowed to vote after all the other waiting persons at the polling station have cast their votes.
7. If any voter is found to have additional ballot papers or ballot papers which are different from the ones used for voting or who has voted previously, the Chairman of the polling station shall order promptly that the voter be detained and handed over to the police so that he can be taken to court . Such an incident shall be recorded in writing.
8. It is shall be the duty of the Chairman of the polling station and the three party agents to verify that every ballot paper has the stamp (of the polling station) affixed to it.

Article 45: Period of the Voting
1. Voting shall be completed within one day, beginning at 6.00 o'clock in the morning and finishing at 6.00 o'clock in the evening. However, electoral officeholders and party agents must be present at their assigned stations an hour before the voting starts.
2. If, at the finishing time for the voting, there are voters who are still queuing and have not yet voted, the finishing time shall be disregarded and voting shall continue until all such waiting voters cast their votes.

Article 46: Complaints at the Polling Station
The Chairman of the Polling Station shall reach decisions about the complaints or arguments (if any) arising out of the electoral activities at the station and including any submitted to him orally or in writing. These complaints and arguments shall be recorded in writing.

Article 47: Preparations for the Counting of Votes
1. After all the voters in the queue have cast their votes, the Chairman of the (polling) station shall announce loudly that the voting has finished.
2. Having ensured the presence of polling station electoral officeholders and the agents of the parties, the Chairman of the polling station shall collect from the table all the papers and equipment which are not necessary for the count, and shall start the following activities:
a) Confirm the total number of voters by comparing the total ballot papers issued with the total voters recorded in the register.
b) Collect and count all the ballot papers that have not been used and place them in the first envelope.
c) Confirm the total number of damaged ballot papers which were returned by the voters or where seen to be so , and place them in the second envelope.
d) The Chairman of the polling station and the three party agents and the head of the security at the station shall sign jointly the registration book of the polling station and shall declare that the voting took place and was completed in an orderly manner.

Article 48: Procedure for Counting of the Votes
1. When the Chairman of the (polling) station has completed the preparation activities set out in Article 47, he shall start the count of the ballot papers in the ballot box. To enable this, a Scrutineer shall remove from the ballot box one ballot paper at a time, which he shall pass on to the Chairman. The Chairman shall unfold each ballot paper and announce loudly (the name of) the party/candidate who gained each vote. The ballot paper shall then be passed by the Scrutineer to the second Scrutineer who shall show it to the agents of the parties. The Secretary shall then record the vote in the appropriate tabulated form which relates to the party for which the vote was cast and shall place the ballot paper in a secure box which has the symbol of the same party on it.
2. No ballot paper shall be removed from the ballot box whilst the preceding ballot paper is still being processed and has not been placed in the (appropriate) box. Only the officeholders of the (polling) station shall manage these tasks, but the party agents shall pay particular attention to the counting activities and shall satisfy themselves of each vote.
3. When the Chairman of the (polling) station completes the count, he shall confirm the total number of ballot papers and reconcile them with the total number of votes cast for all the parties as well as the total number of votes noted in the Registration Book. He shall also add to that the total number of disputed ballot papers or incorrect ballot papers which have been recognised as being void .
4. When the Chairman of the (polling) station completes these activities, he shall place in the third envelope the incorrect ballot papers or those which were considered to be void and/or disputed ballot papers, as well as the records of any complaints or claims.
5. The Chairman of the (polling) station shall finally place in the fourth envelope the counted ballot papers in their separate bundles.

Article 49: The Closure of the Counting Activities
1. When the Chairman of the (polling) station completes the counting activities set out in Article 48, he shall declare publicly the total number of voters, the total correct votes, the number of void votes and the total votes cast for each party.
2. The envelopes shall then be sealed, and shall have affixed to them on the outside the stamp of the polling station and the signatures of the Chairman of the (polling) station, and those of at least one of the scrutineers and of all the agents of the parties which have candidates standing for election at the polling station.
3. If a party agent refuses deliberately or argues against or refrains from signing the outcome of the vote at the polling station, it is sufficient to have the signatures of the agents of the other two parties and the signatures of the polling station officeholders, so as to avoid the loss of the votes cast by the citizens. This will not affect the legality of the activities, but the complaint shall be recorded.
4. If, however, two or more party agents refrain from signing because of complaints they may have, their complaints shall be forwarded to the District Electoral Office within a period of no more than 12 hours so that a decision can be made. Such an event shall be recorded.
5. The details of the materials in each envelope shall be noted on the outside of each envelope.
6. The counting activities shall be completed as set out (above) in a continuous manner and without any interruptions or engagement in other activities until their completion.
7. The written records shall show clearly the activities set out above and each party agent shall take a copy of the polling station voting result forms which have been signed by all and stamped.

Article 50: Incorrect or Disputed Votes
1. When the ballot papers are being counted, the following shall be considered as void:
a) If they are different from the ballot papers which the Commission has chosen for use in the election.
b) If they do not have the stamp of the polling station affixed to them.
c) If the ballot paper is damaged or is incomplete.
d) If the ballot paper contains any writing or signs or impressions which were not intended to be made on it.
e) If the ballot paper does not show clearly the party/candidate for which the vote was cast and this can not be ascertained.
f) If the ballot paper shows that the voter has marked the symbols of more than one party/candidate.
g) The ballot papers which are recognised as being void as set out in this Clause (a - f) shall not be included in the total number of valid votes and hence shall not be added to the count of votes for the parties.
2. A vote may become void when the all the officeholders of the polling station so resolve unanimously. If, however, there is no such unanimous resolution and there is disagreement, the relevant ballot paper shall be recognised as a disputed one.
3. The District Electoral Office may reach decisions about disputed ballot papers.

Article 51: The Written Records of the Polling Station
1. The written records of the polling station shall be kept in the appropriate forms consisting of 8 copies each, which were designed by the Commission.
2. Two sets of the written records shall be placed in the same container which holds the sealed envelopes referred to in Article 49 (of this Law) and which shall be forwarded to the District Electoral Office. The third set, together with the various remaining election materials, shall be forwarded to the Chairman of the Regional Electoral Office.
3. The remaining five sets of the written records shall be distributed to the three party agents and one set each shall be forwarded to the central headquarters of the National Commission and the Supreme Court .

Article 52: The Transport and Transfer of Equipment/Materials
1. The Chairman of the polling station, accompanied by at least one of the officeholders (of the polling station) and the guarding police officers, as well as the party agents, shall transport the equipment, written records and the envelopes of the polling station and shall hand them over to the District Electoral Office, within a period of no more than 12 hours .
2. When the equipment and the envelopes are being handed over to the District Electoral Office, they shall be checked so as to ensure that they are sealed and have not been opened or interfered with. The Chairman of the District Electoral Office shall issue, in the presence of the party agents, a receipt confirming transfer of the materials.
3. The Chairman of the District Electoral Office shall forward the sealed envelope containing the result of the voting for the election of the House of Representatives and a set of the written records to the Chairman of the Regional Electoral Office.
4. Three sets of the written records shall be given to the party agents at the District level.
5. One set each of the written records shall be sent to the Commission (central) office and the Supreme Court.

Article 53: The Work of the District Electoral Office
1. On receipt of the materials set out Article 52 of this Law, the Chairman District Electoral Office shall:
a) instruct the scrutineers, the secretary and the counting officers to get ready for the work;
b) call the agents of the parties and inform them that they should be present during the conduct of the (election) activities;
c) after he, the officeholders and the agents have checked together that the envelopes are sealed and have not been opened previously, open the envelope which contains the stamp and check that the number on the stamp has been affixed to the written records;
d) check that the written records and the envelopes set out in Articles 49 and 51 are complete;
e) check and add up the total votes cast in all the polling stations of the district;
f) check and add up the total ballot papers which have not been used;
g) check and add up the total number of void votes of all the polling stations in the district;
h) reach decisions about the disputed votes as set out in Article 50 of this Law;
i) add up the total votes cast for each party throughout the district;
j) forward the result of the district voting and the complaints and/or claims (if any) to the Chair of the Regional Electoral Office.

Article 54: The Work of the Regional Electoral Office
1. After receiving the set of the written records of the polling stations and the result of the total votes as declared by the districts in the region, as well as the total votes cast for each party as forwarded by the District Electoral Offices of the region, the Regional Electoral Office shall check very carefully the calculations of the results of the total votes in all the districts of the region.
2. After completion of the activities in Clause 1 of this Article, the Regional Office shall calculate the total votes cast for each candidate and shall also look at each party separately.
3. When the Chairman of the Regional Electoral Office is satisfied with the activities undertaken, he shall make a written record of the activities in the appropriate forms with six copies each, and shall forward two sets to the Central Electoral Office (the Commission) and the original set to the Supreme Court of the country.
4. The remaining three sets shall be given to the three party agents at regional level.

Article 55: The Declaration of the Provisional Result of the Election
The Chairman of the Regional Electoral Office, in the presence of the member of the National Commission who was assigned to the region, shall issue the provisional regional result of the election of the House of Representatives. This will be published in a short summary which shows the overall total of all the valid votes in the region and the total votes cast for each party and each candidate in the regional voting. Copies of the summary shall be forwarded to the Central (Electoral) Office and to the party agents.

Article 56: Forwarding the Records
1. The records of the activities set out in Articles 49, 51 and 54 of this Law shall be noted in the appropriate forms designed by the Commission for these purposes, and, at least six copies each must be kept.
2. The copies of the records shall be distributed as set out in Articles 51 and 54 of this Law .

Article 57: The Work of the Central Electoral Office
1. The Commission shall follow diligently all the matters which affect the election, and shall respond, without delay, to any requests made by the district/regional electoral offices and to any other circumstances which need immediate resolution and decision-making.
2. On receipt of the equipment (materials) and the written records set out in Article 55 of this Law , the Commission shall:
a) instruct the officeholders to get ready for the tasks;
b) call the agents of the parties so that they can be present during the conduct of the (election) activities;
c) check, together with others, that the envelopes are sealed and have not been opened and then open them and remove the materials therein;
d) verify arithmetically the results of the regional votes, and when satisfied, put together in tabulated format figures which show clearly against each polling station the total votes, the valid votes, the void votes, the total votes cast for each party and for the candidates of each party on its own, with all the figures set out in a district, regional and national basis;
e) having followed the procedure set out in Article 12(2) and 12(3) of the Law , compile the list of the names of the candidates who are successful in the election of the House of Representatives at national level, and at the same time compile the list of the names of the unsuccessful candidates put up by the parties who shall be in line for future vacancies;
f) reach decisions about the complaints and/or claims (if any) forwarded by the Regional Electoral Offices and the complaints or claims which are submitted by the party headquarters and record all these decisions;
g) complete its activities within 10 days beginning with the date of the polling day.

Article 58: The Declaration and Forwarding of the Provisional Result
1. On completion of the activities set out in Article 57, and having satisfied itself that the election has been conducted properly, the Commission shall declare the provisional result of the election of the House of Representatives.
2. When the Commission declares the provisional result, it shall, on the same date, inform formally the Supreme Court of the nation of the comprehensive result of the election, together with the list of names of the successful candidates and the various supporting documents.

PART VI
THE FORMALISATION OF THE ELECTORAL RESULT

Article 59: Confirmation of the Result
1. The Chairman and the judges of the Constitutional Supreme Court sitting en banc (full court) shall reach a decision about the result of the election of the House of Representatives after they have:
a) perused the written records of the election result, which have been forwarded by the Commission ;
b) confirmed that the results were correct arithmetically and legally;
c) verified that there was no pending claim against the decision of the Commission, which has been instituted at the Court within the period set by the law, and if there was, that a decision about the claim has been reached by them.
2. The Supreme Court shall declare its decision which is formalising the election result and the list of the names of the successful candidates at a court sitting attended by the heads of the parties, (members of) the Government and the press.

Article 60: Administering the Oath to the Members
On declaring the decision formalising the result of the election, the Supreme Court shall set a date, which is no later than a week (from the date of the declaration), for the meeting to administer the oath of office to the members elected to serve at the House of Representatives. The meeting shall be presided by the Chairman of the Supreme Court as set out in Article 44(3) of the Constitution.

Article 61: Elections Claims
1. The Constitutional Supreme Court shall have (the sole) jurisdiction to deal with claims relating to the election of the House of Representatives, after it has accepted the relevant petitions.
2. These claims must reach the Supreme Court office within 20 days beginning from the date when the election results are declared. No late claims shall be considered.

PART VII
CONTRAVENTIONS OF THE ELECTORAL LAW AND PROCEDURES

Article 62: Complying with the Electoral Law and Procedures
It is the duty of every partial citizen of the Republic of Somaliland to safeguard the public order and to comply with the electoral law and procedures. Therefore, contraventions of the law and the procedures shall attract punishment.

Article 63: Allegations against the Electoral Commission
If a member (or members) of the Electoral Commission commits an act which may amount to a serious crime or may jeopardise the conduct and order of the election or the public order in the country, the allegations against the member, the removal of his privileges and the prosecution shall all be dealt with in line with the procedures set out in Clauses 96(1), 96(4) and 96(5) of the Constitution .

Article 64: Disciplinary Action for Contraventions of the Electoral Law and Procedures
1. As the Commission has the primary responsibility for ensuring the proper conduct of the election, it shall have the power to discipline anyone who commits act which is contrary to the administration (of the election) or to the Electoral Law and procedures. Therefore, whilst taking into consideration the gravity and effect of any such contravention, the Commission may take the following disciplinary action:
1. Criticism and condemnation, and/or
2. severe warning which shall be recorded, and/or
3. a fine
a) if the wrong or contravention is committed by a responsible person in a party or by a candidate, a fine of Sl. Sh 5,000,000 to 10,000,000 may be imposed on the party;
b) if the wrong or contravention is committed by an electoral officeholder, a fine of Sl. Sh 200,000 to 400,000 may be imposed;
c) if the wrong or contravention is committed by an ordinary citizen, a fine of Sl. Sh 300,000 to 500,000 may be imposed.
2. If the contravention is a serious one which merits a criminal punishment or which may jeopardise the conduct of the election or the public order or may damage the good order and the acceptance of the procedures by all, then the Commission or those responsible for electoral offices shall order that the culprit be detained so that he can be dealt with by the competent court .

Article 65: Implementation & Publication of the Law
This Law shall come into force when the Parliament approves it and the President of the Republic of Somaliland signs it and it is published in the Official Journal of the Government.

Praise be to Allah

Ahmed Mohamed Adan
Chairman, House of Representatives

Mohamad Hussain Osman
General Secretary, House of Representatives

© Ibrahim Hashi Jama 2005
Updated July 2005