Timor-Leste

Law on the Election of the National Parliament (2006, amended 2017)

Updated: October 2018

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Article 4, Active Electoral Capacity states:

(1) Active electoral capacity shall be granted to all Timorese citizens over 17 years of age...

(3) Voters in hospitals and prison facilities and with an up-to-date voter's card have the right to vote in the election of Members of the National Parliament.

(4) Voting in hospital and prison establishments shall take place at a time fixed by the Technical Secretariat of the Electoral Administration, after consulting the head of those establishments.

(5) Voting procedures in hospitals and prisons are subject to regulation approved by Government Decree.

 

Article 37, Right to Vote, section 1 states:

The act of voting is a right and a civic duty.

 

Article 40 states, Identification of the Voter, section 3 states:


If a voter does not have his/her voter’s card on election day, he or she may exercise his/her right to vote by presenting his/her Timorese ID card or passport, as long as his/her data appear on the voters list for that geographic unit.

 

Excerpts from the Law on the Election of the National Parliament (2006, last amended 2017)

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Article 34, section 2 states:

Only national citizens who can read and write may be electoral officers, and they shall be selected from among local voters and submitted to a preliminary training by STAE.

 

Excerpt from the Law on the Election of the National Parliament (2006, last amended 2017)

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Article 6, Passive Electoral Capacity states:

Timorese citizens with active electoral capacity are eligible to run for the National Parliament.

 

Article 13, Criteria for Election, section 2 states: 

Lists obtaining less than 4% (four percent) of the total of valid votes, blank votes excluded, shall not be entitled to allocation of mandates.


Article 16, Loss of Mandate, states:

(1) A Member of the National Parliament, elected from a list presented by a political party or party coalition, shall lose his/her mandate in the following cases:

(a) With no justification, does not take his/her seat in the National Parliament until the fifth plenary session, or fails to attend five consecutive sessions of the Plenary or of committees, and also if he/she has fifteen non-consecutive absences without a justified reason;

(b) If he/she joins a political party different from the one for which he/she was elected, if he/she becomes a part of a parliamentary caucus (bancada parlamentar) belonging to a different political party from the one for which he/she was elected or if he/she is no longer present in a parliamentary caucus;

(c) Infringes the discipline of the parliamentary caucus of which he/she is a part, in accordance with the statutes of the political party to which he/she belongs;

(d) Is convicted of an intentional crime, for which there is an effective prison sentence of more than two years.

(2)  The loss of mandate shall be declared by the Bureau of the National Parliament, following a proposal from the political party on whose list the member whose loss of mandate is proposed to be declared was elected and after hearing a response from the member.

(3)  The Bureau of the National Parliament’s decision may be appealed to the Plenary by the member and the parliamentary caucus that proposed the loss of mandate, within ten days, with the member remaining in office until a final decision is taken by secret ballot.

(4)  The decision of the Plenary may be appealed to the Supreme Court of Justice with suspensive effect.

(5)  Vacancies occurring following the declaration of loss of mandate are filled in accordance with the terms of the preceding article.

Article 22 states:


The lists of candidates shall be presented to the Supreme Court of Justice (STJ) within a period of thirty days from the date of publication of the decree announcing the election date



Article 23 states:


(1) The STJ, once it receives the applications, starts verifying the regularity of the processes, the authenticity of the documents and the eligibility of the candidates.

(2)  For the purpose of the preceding paragraph, the president of the STJ is supported by the services of STAE.

(3) Ineligible applications are rejected.

(4) In the event of procedural irregularities, the applicant's representative shall be notified immediately to resubmit it within two days.

(5) The decision shall be made no later than ten days after the deadline for submission of applications, it shall cover all applications and shall be immediately notified to the representatives of the same, the CNE and STAE.

Article 24 states: 


(1)  Appeals against decisions relating to the presentation of applications shall be filed with the plenary of STJ within a period of 1 (one) day.

 

(2) The appeal application contains the grounds of appeal, and shall be accompanied by all the evidence.

(3) The appeal shall be decided within two days of the expiry of the period referred to in paragraph 1.

 

(4) The list of definitely accepted applications is immediately sent to CNE and STAE.

 

Article 25 states: 


(1) On the day following the day when the final admitted applications are published, the President of STJ implements a draw of the candidacies in the presence of the candidates or their representatives who turn up for the draw, in order to assign them an order on the ballot paper, and then drafts the minutes.

(2) The result of the draw shall be posted at the entrance to the building housing the STJ and copies thereof shall be forwarded to CNE and to STAE

Article 27 states: 

A list may be validly withdrawn up to 72 (seventy-two) hours before Election Day through communication by the respective representative to the STJ which, in turn, shall immediately communicate the fact to STAE and CNE.

Excerpt from the Law on the Election of the National Parliament (2006, last amended 2017)