Article 97: Voting for a list and the preferential vote

1 – Each voter is to vote for one list from those competing and is entitled to choose a single candidate as their preferential vote in the respective administrative district.

2 – In the case that a voter does not choose a preferential vote, the list voted for will still be counted. In the case that a voter chooses more than one preferential vote, the preferential vote will not be counted and only the list will be counted.

3 – In the case that a voter chooses a preferential vote from a different list than they have voted for or from a list of a different administrative district, the preferential vote will not be counted and only the list will be counted.

4 – In the case that a voter does not vote for a complete list and only chooses a preferential vote, both the list that the preferential vote is from and the preferential vote will be counted.

Article 98: The proportional representation

1 – The number of MPs taken from each list will be determined by the percentage of votes each list gains.

2 – The percentage of the seats earned by a list will be determined by the number of voters in each electoral district relative to the number of seats.

3 – Lists which do not receive a high enough percentage of votes to earn a seat will be eliminated and votes will be counted again based on the lists that met the threshold percentage to earn a seat.

4 – The remaining seats will be distributed to the eligible lists that gained the largest percentage of votes remaining from the first division. This process shall be repeated in the same manner until all seats are distributed. If one seat remains and two eligible lists have the same percentage, the seat will be awarded to the list that gained the largest number of seats. In the event that the two lists have the same percentage for the available seat, the seat will be given to the list whose candidate received the highest number of preferential votes. In the event that two candidates from two different lists receive the same percentage of votes, the candidate from the list which received more overall preferential votes will earn the seat. And so on.

5 – After it is determined how many seats each list will be assigned, the candidates will be sorted from first to last, based on the percentage of preferential votes each candidate earned in their respective administrative district. The percentage of preferential votes for each candidate will be determined by the number of overall preferential votes cast in their administrative district. In the event that two candidates receive the same number of preferential votes, the candidate who is older will advance. If the candidates receive the same of preferential votes and are the same age, the winner will be determined by a “coin-toss.”

6 – The distribution of seats for the winning candidates will be determined with the highest vote getters from the top of each list. The first seat will be allocated to the candidate who receives the highest percentage of preferential votes and the second seat to the second-ranked candidate on the list and so on.

7 – The seats will be distributed based on the following:

– Seats in each district will be filled by winning candidates for a certain sect until the quota is complete. Once the quota is complete, the candidates who did not earn a seat will be eliminated.

– If a list has not been completely filled with the specified quota and the distribution process reaches a candidate belonging to a list that has fulfilled its quota of seats, the seat will be passed on to the next eligible candidate.

 

Article 99: Electronic counting

Electronic counting of votes will be used after a decree is signed by the Cabinet upon a recommendation from the Minister.

Counting of votes by hand, or manually, will be used in the case a decree is not passed for the decree in Article 7.

 

Chapter Nine: Counting Votes and Declaration of Winners

 

Article 100: Counting of votes inside voting polls

After voting polls are closed, the door will be closed to everyone except poll observers, campaign correspondents, voting supervisors and media representatives to record inside the polling stations. The polling station head will open the ballot boxes and count the number of votes compared to the registered voters. If the numbers differ, this will be noted in the final report. The polling station head will open each ballot box one-by-one and announce each vote winner and each preferential vote winner. This will be monitored by campaign correspondents, voting supervisors and other authorities.

 

Article 101: Processing Ballots

It is the responsibility of the ministry to prepare polling stations with surveillance cameras and television equipment to be able to clearly see the ballots on live TV during the final vote counting.

 

Article 102: Invalid Ballots

Each ballot that is unclear or unofficial will be considered invalid and will not be counted.

Invalid ballots must be registered in the final report by polling station head and the invalid ballots must be removed from the number of voters.

 

Article 103: Blank Ballots

Blank ballots that do not have a cast vote are to be counted in the final report and are to be considered valid.

 

Article 104: Poll Results

1 – The polling station head will announce the winner(s) and sign the final results that are to be posted immediately on the polling station’s door. Each candidate or campaign correspondent is to be given an original copy of the final results.

 

2 – The results must have how many votes each list received and how many preferential votes each candidate received.

 

Article 105: Poll Station Reports

After the results are announced, the polling station head must have two copies of the final report with each page signed by the polling station workers. The polling station head must place the voters list with each voter signature, all papers related to the voting poll, the final report and the voting results in an envelope.

The envelope is to be sealed with red wax and sent to the central registration committee with a security escort. There, the results will be viewed by representatives of the candidates.

The polling station head or writers will be held liable if the envelope arrives opened.

 

Article 106: Work of Registration Committees

1 – The specified committee will be responsible for all the poll stations reports in their respective areas. The registration committee will receive all records from the polling stations. The Ministry will provide the necessary supplies for the work of the registration committee, such as large transparent containers to carry the ballots, a IT technician and a large screen to display the results, in addition to any other equipment that will facilitate the work of the electoral process.

 

2 – The committees will study and review the final reports and take proper measures were deemed necessary.

They will recount votes based on the following:

 

– Reviewing the ballots in a clear and transparent manner, under the supervision of campaign correspondents, voting supervisors and registration committees.

– Voting ballots will be counted by a computer program automatically.

If there is controversy or contradictions to the final poll station reports, the votes will be recounted manually, by hand.

After confirming the number of votes each list and candidate earned, two copies will be made of the final results. It will signed by the registration committee head and workers.

The General Secretary of Political and Refugee Affairs in the Interior Ministry will name the employees who will receive the sealed envelopes with all the relevant paperwork and ballots after the registration committees complete the review of the original envelopes they receive. The designated employees will sign off that they received the proper paperwork and ballots.

 

Article 107: Announcement of the final results

The higher registration committee in each electoral district will receive the results from the registration committee of each administrative district in that district.

The higher registration committee will confirm the results and correct any mistakes noted in the final reports registered by the polling station head.

Votes will be counted and the final results will be signed off for a final time by the concerned employees of the registration committee.

The results will be announced in front of the candidates or representatives as to how many seats each list won and the names of the winning candidates.

The higher registration committee will give the ‘Qaimaqam’ or the governor of the concerned districts the reports with the final results which are to be signed by the two parties.

The results will then be sent, with a final report, to the Interior Ministry who will announce the official results and the names of the winning candidates. The Interior Minister will then, immediately, relay the results to the Speaker of Parliament and the head of the Constitutional Council.

 

Article 108: Securing the Ballots

The Central Bank of Lebanon will secure the voting ballots in a confidential area for a period of three months following the announcement of the results. After this period of three months, the results must be destroyed by the Interior Ministry as per a signed order unless the results are the subject of review or appeal before the Constitutional Council.

 

Chapter Ten:

 

Article 109: It is not permissible to be a Member of Parliament while holding certain posts

1 – It is not permissible to be a Member of Parliament while holding the post of president or board member of a public institution, a public institution employee, municipality mayor, board member of an economic company or a company holding public wealth.

It is also not permissible to be a Member of Parliament while holding the post of religious cleric or leader who receives pension or salary from the government.

Any candidate who is elected to Parliament will automatically be considered resigned from his previous post if they do not reject Parliament membership within one month of the announcement of the results.

2 – It is not permissible to be a Member of Parliament and a member of the judiciary for the state or one of its public institutions or for municipalities or municipal unions or any of the institutions or companies mentioned in the first paragraph of this article.

Anyone who is elected to Parliament from one of these posts is considered to be automatically resigned from his previous post.

 

Article 110: Relevant Professional Activities

A Member of Parliament shall not be given any preference or concessions from the State or municipalities and his/her spouse and children are to be considered the same.

 

Chapter Eleven: Voting for Lebanese Diaspora

 

Article 111: The rights of Lebanese nationals outside of Lebanon

It is the right of every Lebanese citizen not on Lebanese soil to exercise their right to vote at designated areas in embassies, consulates or other specified locations the minister specifies in coordination with the Foreign Minister as long as the voter’s name is on the voting registry and they have a clean criminal record and abide by Article 4 of this law.

 

Article 112: Candidates for expatriates

Six parliamentary seats are designated for Lebanese diaspora – three for Christians and three for Muslims. This decree is to be agreed upon by the Cabinet.

 

Article 113: Registering to vote

The ministry, along with the Foreign Ministry, calls citizens outside of Lebanon to register their desire to vote in person or online at Lebanese embassies and consulates outside of Lebanon.

The interior and foreign ministers will call on citizens to register at the above mentioned locations with their national identification number, their religion and sect and their Lebanese passport number, if available.

It is necessary to register before the given deadline of November 20 of the year prior to the parliamentary elections. After this date, the citizen will lose their right to vote outside of Lebanon. The registered voting list is to be sent to Lebanon via the Foreign Ministry by December 20 prior to the elections.

 

Article 114: Independent Voting Lists

The General Directory for Personal Affairs will confirm the names of registered, eligible voters after the deadline passes for registration at embassies and consulates outside of Lebanon. The number of registered voters must be a minimum of 200 at each polling station.

 

Article 115: Announcement and revision of independent voting lists

1 – It is the responsibility of the ministry, before February 1 of each year, to send, via the Foreign Ministry to each embassy and consulate, the list of registered voters in the diaspora in the form of a CD.

 

2 – It is the responsibility of the Foreign Ministry to publish the lists of registered voters and send them to each embassy and consulate outside of Lebanon. The embassy and/or consulates must then publish these lists on their websites, if possible.

 

3 – It is the right of any voter to correct a mistake made on the list of registered voters and it must be sent via the Foreign Ministry to Lebanon before February 20 of each year.

 

Article 116: Determining the polling stations

The ministry, via the Foreign Ministry, is to announce how many registered voters are eligible at each embassy or consulate in order for the embassy or consulate to determine one or more polling station locations. If there are more than 400 registered voters, more than one station must be used.

The polling stations will be designated by a decree passed in Cabinet upon recommendation from the Interior Minister after consulting with the Foreign Minister. This is to be done at least 20 days prior to the date set for elections and the location may not be changed within one week of the set date and it must be done through a justified decree.

The location(s) of the polling stations will be published in the Official Gazette as well as on the websites of the Interior and Foreign Ministry.

 

Article 117: Polling Stations

The ambassador or consul will determine, in cooperation with the Foreign Minister, the supervisors for each voting station and the head and writers must be Lebanese nationals and be subject to Lebanese law.

Representatives of candidates are allowed to be present at the embassies or consulates after receiving permission from the location(s).

 

Article 118: The voting process

Voting will be conducted based on proportional representation on one single electoral district, 15 days prior to the date elections will take place in Lebanon, using preprinted ballots with a seal of the ministry.

Voting poll stations will be opened from 7:30 a.m. to 10:00 p.m.

Once the voter enters the polling station, the polling station head will confirm the identity of the voter using the national identification card or Lebanese passport compared to the voting list.

In the event that there is a conflict between the voting list and a voter’s national identification card or passport, the voter will be named by his/her passport or national identification number.

After confirming the validity of the voter, the head of the polling station will give the voter a ballot and stamped envelope.

The general provisions governing the voting of Lebanese diaspora do not conflict with the provisions of the voting process of Lebanese nationals residing on Lebanese soil.

 

Article 119: Counting and distributing results

Upon the completion of the voting process, the polling station head will open the ballot box in the presence of the ambassador or consul or another designated representative in the event neither can be present. The head of the polling station will open the ballot box in the presence of media and campaign representatives if they are available, and the results will be sealed with red wax inside an envelope.

 

Article 120: Filing of envelopes and other documents

Two copies of each report from the different polling stations, consisting of the number of voters and the voting lists are to be completed. The report will be signed by the supervisors and candidates’ representatives if they are present. One copy will remain with the embassy or consulate and the second copy, along with the other documents, will be sent to the Lebanese Central Bank via the Foreign Ministry. At the completion of the voting process on the Sunday designated for elections in Lebanon, the abovementioned documents will be sent to the higher registration committee in Beirut to be sorted before the results are announced in the same process mentioned in this law.

 

Article 121: Vacancy of seats allocated for diaspora

In the event that one of the seats allocated for the diaspora is vacated due to death or resignation or any other reason, the seat will be filled by a candidate from the same sect one month after the seat is vacated or from the date decided by the Constitutional Council published in the Official Gazette.

The seat will not be filled if the vacancy occurs six months prior to the end of the Parliament’s term.

 

Article 122: The six Parliamentary seats allocated for Lebanese diaspora

The six seats allocated for Lebanese nationals residing outside of Lebanon will be in addition to the current number of MPs, making it 134 seats during the first elections that expatriates vote in. After that first election, the number of MPs is to be 128 including the six seats for expatriates.

The six seats that will be transferred to the non-resident constituency shall be determined by a decree of the Cabinet upon a recommendation of the minister during the first year of the second session, in which non-residents shall be represented by the addition of the six seats, with the seats being taken away where the sect is least represented and by consensus.

 

Article 123: Applying the articles of this chapter

A joint committee is to be formed by the Interior and Foreign Minister based on a decree which is meant to implement the articles of this chapter.

 

Article 124: Implementing this law

The application of this law shall be determined by decrees to be adopted by the Cabinet upon the recommendation of the Interior Minister.

Article 125: Repealing violating provisions

All previous laws contrary to the provisions of this law shall be repealed, in particular Law No. 25 2008/10/8, except for the provisions of the articles relating to bi-parliamentary elections in respect to the cases in which the winner-takes-all system is used.

 

To read the whole law please click here 

https://khazen.org/index.php/150-The%20News/6598-lebanese-electoral-law-2017-full-text-in-english