and sub-regional electoral bodies in favour of the ruling party. The effects of
which were noticed in the election of the Chairpersons of the Local electoral
commissions,
whereby
96%
of the
category of personalities proposed
elected
Chairpersons
belonged
to
the
by the ruling party (529 out of 549). This
further undermines the notion of independence and impartiality of the electoral
body, at least at the Local levels.
146. Whereas the balance before was four (4) members representing the government
versus three (3) members representing opposition at the Local levels, the change
of composition since the adoption of the Order N° 2020-306 of 4 March 2020,
resulted in an equal representation of four (4) members of the government and
four (4) members
Bureau
of the
for the opposition.
electoral
body,
the
Commissions remains a member who
However,
majority
without new elections of the
of
Chairpersons
of the
Local
is aligned with the ruling party and who will
cast the deciding vote in case of a split vote, as provided for under Article 35 of
the law on the electoral body.
147. Accordingly,
the Applicants
greater representation
Chairperson
note that although
in the
Local
to cast the deciding
electoral
vote in case
the opposition
bodies,
parties have
a
the prerogative
of the
of a tie, demonstrates
that a
balanced composition is still not sufficiently established.
148. In its response, the Respondent State argues that the new composition
of the
electoral body offers sufficient guarantees of independence and impartiality of its
members. It also claims that the modifications of the legal framework regarding
the appointment procedure have strengthened the independence and impartiality
of the electoral body and that its composition is sufficiently balanced since it is
not dominated by any political group, neither by those in power nor by those in
the opposition.
149. The Respondent State claims that the inclusion of persons proposed by political
parties or groups in an electoral body cannot in any way be considered a violation
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