The Permanent Electoral Council

ARTICLE 191:

The Permanent Electoral Council is responsible for organizing and controlling with complete independence all electoral procedures throughout the territory of the Republic until the results of the election are announced.

ARTICLE 191-1:

The Council also drafts the Electoral Bill that it submits to the Executive Branch for the necessary purposes.

ARTICLE 191-2:

The Council sees to it that the electoral lists are kept up-to-date.

ARTICLE 192:

The Permanent Electoral Council consists of nine (9) members chosen from a list of three (3) names proposed by each of the Departmental Assemblies:

3 are chosen by the Executive Branch;

3 are chosen by the Supreme Court;

3 are chosen by the National Assembly.

The above-mentioned organs see to it as far as possible that each of the Departments are represented.

ARTICLE 193:

Members of the Permanent Electoral Council must:

1. Be native-born Haitians;

2. Have attained forty (40) years of age;

3. Enjoy civil and political rights and never have been sentenced to death, personal constraint or penal servitude or the loss of civil rights;

4. Have been relieved of their responsibilities if they have been handling public funds;

5. Have resided in the country at least three (3) years before their nomination.

ARTICLE 194:

Members of the Permanent Electoral Council are appointed for a nine (9) year nonrenovable period. They may not be removed from office.

ARTICLE 194-1:

One-third of the members of the Permanent Electoral Council are replaced every three (3) years. The President is chosen form among its members.

ARTICLE 194-2:

Before taking office, the members of the Permanent Electoral Council take the following oath before the Supreme Court;

“I swear to respect the Constitution and the provisions of the Electoral Law and to discharge my duties with dignity, independence, impartiality and patriotism.”

ARTICLE 195:

In the event of a serious offense committed in the discharge of their duties, the members of the Permanent Electoral Council are liable for prosecution before the High Court of Justice.

ARTICLE 195-1:

The seat of the Permanent electoral Council is in the capital. Its jurisdiction extends throughout the territory of the Republic.

ARTICLE 196:

Members of the Permanent electoral Council may not hold any other public post, nor may they be a candidate of an elective post during their term.

In the event of dismissal, a member of the Council must wait three (3) years before he may run for an elective post.

ARTICLE 197:

The Permanent Electoral Council shall rule on all disputes arising either in elections or in the enforcement or the violation of the Electoral Law, subject to any legal prosecution undertaken against an offender or offenders before the courts of competent jurisdiction.

ARTICLE 198:

In the event of a vacancy caused by a depth, resignation or any other reason, the member shall be replaced following the procedure established in article 192 for the remainder of his term, taking into account the branch of government that had designated the member to be replaced.

ARTICLE 199:

The law determines the rules for organization and operation of the Permanent Electoral Council

ARTICLE 289:

Awaiting the establishment of the Permanent Electoral Council provided for in this Constitution, the National Council of Government shall set up a Provisional Electoral Council of nine (9) members, charged with drawing up and enforcing the Electoral Law to govern the next elections, who shall be designated as follows:

1. One for the Executive Branch, who is not an official;

2. One for the Episcopal Conference;

3. One for the Advisory Council;

4. One for the Supreme Court;

5. One for agencies defending human rights, who may not be a candidate in the elections;

6. One for the Council of the University;

7. One for the Journalists Association;

8. One for the Protestant religions;

9. One for the National Council of Cooperatives.

ARTICLE 289-1:

Within two weeks following ratification of this Constitution, the bodies or organizations concerned shall inform the Executive of the name of their representative.

ARTICLE 289-2:

If any of the above bodies or organizations does not appoint a member, the Executive shall fill the vacancy or vacancies.

ARTICLE 289-3:

The mission of the Provisional Electoral Council shall end when the President-elect takes office.

ARTICLE 290:

The members of the first Permanent Electoral Council shall divide among them by lot the terms of nine (9), six (6), and three (3) years, stipulated for replacement of the Council by thirds (1/3)

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