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Procedures of Shanghai Municipality on the Election of the Villagers Committee

Procedures of Shanghai Municipality on the Election of the Villagers' Committee
 
(Adopted at the 10th Session of the Standing Committee of the 11th Shanghai Municipal People' s Congress on June 1, 1999)
    
     Article 1
     These Procedures are formulated in order to standardize work of the election of villagers' committees and ensure that villagers exercise democratic rights in accordance with the Law Concerning the Organization Law of the Villagers' Committees of the People' s Republic of China and in the light of the actual conditions of this Municipality.
     Article 2
     The director, deputy director and other members of the villagers' committee shall be directly elected by villagers with the right to vote. No organization or individual person shall designate, appoint or dismiss and replace a member of the villagers' committee.
     The villagers' committee shall be composed of 3 to 7 members, including a director and 1 or more deputy director(s). The specific number of posts to be assumed by the committee members shall be decided on at the meeting of villagers or of their representatives.
     The membership of the villagers' committee shall be appropriately represented by women. The members of the villagers' committee shall not be spouses or other directly related members of a family.
     Article 3
     All villagers at the age of 18 or above, regardless of nationality, race, sex, occupation, family background, religion, education, financial status or length of residence, shall have the right to elect and to be elected, with the exception of those deprived of their political rights in accordance with the law.
     Article 4
     The villagers' committee is elected for a term of three years. Re-election shall be held upon the expiration of each term. Failure to hold the re-election due to special reasons shall be reported to and approved by the district or county people' s government concerned.
     Re-elections of villagers' committees shall be centralizedly planned by the municipal people' s government. The district or county people' s governments shall set up leading groups of election to lead the re-election of the villagers' committees within their respective administrative areas.
     The municipal and district or county civil affairs departments are responsible for guiding the re-election of the villagers' committees.
     Article 5
     During the re-election of the villagers' committees, the township/town people' s governments shall set up guiding groups of election to guide and help the work of villagers' election committees. The main duties of the guiding groups of election include:
     1. To make the plan for the re-election of the villagers' committees within the township and to determine the schedule of re-election;
     2. To publicize the relevant laws and regulations concerning the election of villagers' committees;
     3. To organize the training of election personnel;
     4. To handle complaining reports, letters and visits in relation to election; and
     5. To handle other matters in relation to the re-election.
     Article 6
     The election of the villagers' committee shall be presided over by the villagers' election committee. The villagers' election committee shall be composed of 7 to 9 members, who shall be duly representative. The members of the election committee shall be chosen by the meeting of villagers or by groups of villagers. In case the number of the members of the election committee exceeds the stipulated number, the members shall be decided on by the meeting of the representatives of villagers.
     Any member of the villagers' election committee shall resign from the committee if he or she is nominated as a formal candidate for the villagers' committee.
     The main duties of the villagers' election committee are:
     1. To draw up the proposal for election according to law, and put it forward for discussion and approval at the meeting of villagers or of their representatives;
     2. To launch publicity and mobilization for the election;
     3. To decide on and train election personnel;
     4. To decide on and announce the date of election;
     5. To organize the registration of villagers, examine their qualification for election and publish the list of villagers with the right to elect and to be elected;
     6. To organize the nomination of candidates for the villagers' committee by villagers and publish the list of candidates;
     7. To preside over the election by voting, and announce and report the result of the election to the township people' s government for record;
     8. To handle letters and visits from the masses in relation to the election; and
     9. To summarize the election work, and sort out and establish the election files.
     The villagers' election committee shall perform duties from the date of its formation up to the first meeting of the newly elected villagers' committee.
     Article 7
     The age of a villager with the right to elect and to be elected shall be based on the birth date recorded in permanent residence registration, and the villager' s age of reaching 18 shall be calculated on the basis of the date of election of the said village.
     Villagers with the right to elect and to be elected shall register in the village where their permanent residence is registered.
     The villager who lives in the village of his or her spouse but whose permanent residence registration has not been accordingly changed may register for election in the village of his or her spouse, if he or she so applies, and if this application is confirmed by the villagers' election committee, but the said village resident shall not register for election again in the village where his or her permanent residence is registered.
     The villager who has changed his/her registration to non-agricultural permanent resident but still performs duties as a villager may register for election if the said villager so applies, and if this application is confirmed by the villagers' election committee.
     Article 8
     The name list of villagers with the right to elect and to be elected shall be published 20 days or more before the date of election.
     Villagers may raise objections, if they have any, to the published name list 10 days or more before the date of election to the villagers' election committee. The villagers' election committee shall offer explanations or make corrections 5 days or more before the date of election.
     Article 9
     The numbers of candidates for the director, deputy director and other members of the villagers' committee shall be more respectively than the numbers of those to be elected. The specific differences in number shall be decided on by the villagers' election committee in drawing up the proposal for election.
     Article 10
     Candidates for the villagers' committee shall be directly nominated by villagers with the right to elect.
     Villagers directly nominate candidates for the director, deputy director and other members of the villagers' committee, and candidates with more votes shall become regular candidates.
     The name list of the regular candidates for the villagers' committee shall be published 5 days or more before the date of election, with their names arranged in the order of numbers of votes.
     Article 11
     The villagers' election committee shall help villagers to acquaint themselves with the candidates by organizing meetings between the regular candidates and villagers and arranging for the regular candidates to answer questions raised by villagers. But recommendations of the candidates shall be terminated on the day of election.
     Article 12
     The villagers' election committee shall have fulfilled the following preparations before the date of election:
     1. To decide on the scrutineer(s) and the personnel who distribute and count ballots;
     2. To announce the time of balloting and have ballot papers printed;
     3. To set up the election meeting place and polling stations;
     4. To check on the voters entrusted by absent villagers; and
     5. Other matters in relation to the election.
     The spouses or other directly related family members of the regular candidates for the villagers' committee shall not be scrutineers and personnel who distribute and count ballots.
     Article 13
     The election of the villagers' committee shall be held through secret ballot. Villagers with the right to elect may elect the director, deputy director(s) and other members by one voting, or by voting separately. The director and deputy director(s) shall not be chosen by the elected committee members.
     Article 14
     Villagers who have the right to elect but who are not able to participate in voting on account of being on outgoing trips or for other special reasons may, with the consent by the villagers' election committee, entrust in writing before the date of election other villagers with the right to elect to cast votes on their behalf. Each villager with the right to elect may be so entrusted by 1 or 2 villagers.
     Article 15
     Secret ballot-writing booths and public ballot-writing desks shall be established at the election meeting place and polling stations. Those who are illiterate or cannot write ballots due to disability may entrust those whom they trust to write ballots on their behalf.
     Villagers with the right to elect may vote for or against the candidates for the villagers' committee, or vote for others, or abstain from voting.
     Article 16
     At the end of the election, the personnel working at the polling stations shall forthwith send the ballot boxes to the election meeting place to open the ballot boxes, and count the ballots in public. The result of the election shall be announced by the villagers' election committee to the villagers then and there.
     Article 17
     The election of the villagers' committee is deemed valid if half or more of the villagers with the right to elect take part in voting. The votes cast is valid if the number of the votes is equal to or smaller than that of voters; the votes cast is invalid if the number of the votes is greater than that of the voters.
     The ballot paper is deemed valid if the number of the candidates elected on the paper is equal to or smaller than the stipulated number and is deemed invalid if the number of the candidates elected on the paper is greater than the stipulated number.
     Article 18
     Candidates get elected only if the number of the affirmative votes they get is half the number or more of the voting villagers.
     If the number of the candidates whose affirmative votes are half the number or more of the voting villagers exceed the stipulated number, those who get more affirmative votes get elected. If candidates get an equal number of votes and it is impossible to determine who get elected, voting shall be held again for those candidates who get an equal number of votes. Those who get more votes shall get elected.
     Article 19
     If the number of the elected members of the villagers' committee does not reach the stipulated number, and if the number of the elected members is 3 and more, a separate voting may be held to make up for the deficiency of committee member(s), or may let the deficiency stand for the time being; if the number of the elected members is less than 3, separate voting shall be held until the number of the elected members of the villagers' committee is not less than 3.
     When a separate voting is held, the name list of the candidates shall be decided on in the light of deficiency in the order of the numbers of the affirmative votes they get at the first voting. Candidates who get more affirmative votes get elected, but the affirmative votes they get shall not be less than one-third of all votes.
     If the post of director of the villagers' committee is left vacant for the time being, the post shall be assumed by the elected deputy director; if both posts of director and deputy director(s) are left vacant, a member of the villagers' committee shall be appointed at the meeting of the representatives of villagers through discussion to preside over the committee.
     Article 20
     The result of election shall be reported by the villagers' election committee to the township/town people' s government. The township/town people' s government shall issue certificates of election for the director, deputy director(s) and members of the villagers' committee.
     Article 21
     The villagers' committee and its members shall abide by the constitution, laws, regulations, and national policies, be impartial and honest in performing official duties, and serve the villagers with enthusiasm.
     Article 22
     The villagers' committee shall accept supervision by the villagers.
     One-fifth or more of the villagers with the right to elect may jointly demand to have a member of the villagers' committee recalled.
     The township/town people' s government may propose to the villagers' committee to recall a member of the villagers' committee who is penalized for gross offense against State laws or regulations, or does not attend to the work of the villagers' committee for 6 consecutive months without proper reasons.
     The demand or proposal for recall shall be accompanied by reason(s) for recall. The member of the villagers' committee to be recalled shall have the right to defend himself or herself. The villagers' committee shall call villagers meeting to decide by voting within 30 days of receipt of a demand or proposal for recall. Half or more of the villagers with the right to elect shall pass recall of a member of the villagers' committee.
     If the villagers' committee does not call villagers meeting within the time limit to decide by votes the demand for recall, the township/town people' s government may call villagers meeting to decide by vote the request for recall.
     Article 23
     Demand to resign by a member of the villagers' committee shall be made in writing to and decided through discussion at the meeting of villagers or of their representatives.
     Article 24
     If the post of any member of the villagers' committee is left vacant, the villagers' committee shall hold a by-election for this member within 6 months in accordance with these Procedures. The term of the member thus elected expires at the same time as the expiration of the term of the present villagers' committee. If the number of the members of the villagers' committee is 3 or more, a by-election is not necessary, if it is so agreed by the meeting of the representatives of villagers.
     The villagers' committee shall report the by-election for a member of the villagers' committee in advance to the township/town people' s government.
     Article 25
     Villagers have the right to report to the township/town people' s congress and government or to the standing committee of the district or county people' s congress and people' s government and its relevant departments in charge on any of the following acts; the relevant organs shall be responsible for investigation and handling according to law and give administrative punishments to the directly liable person(s); violations of the regulations on public security administration and imposition of punishment shall be penalized by the public security department; and any of the following acts which constitutes a crime shall be prosecuted for criminal liability:
     1. To prevent villagers from exercising the right to elect and to be elected, and to sabotage the election of the villagers' committee by improper means such as threat, bribery and forging ballot papers;
     2. To designate, appoint or dismiss and replace members of the villagers' committee;
     3. To suppress or avenge oneself on the villagers who inform against illegal activities in the election of the villagers' committee, or who request to have members of the villagers' committee recalled; and
     4. Any other acts which sabotage the election of the villagers' committee.
     Article 26
     Any villager who has objections to the election procedures or to the result of election may appeal to the district or county people' s government or the township/town people' s government. The district or county people' s government or the township people' s government shall investigate and handle the case promptly.
     Article 27
     These Procedures shall become effective on June 15, 1999.
    

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